Burden of proof amendment

20260921-3 \\ ??? words \\ Rejected \\ Score: 0 \\ No summary

(photo represents an accuser whose accusations were untrue)
Preface: Since it is unclear whether the burden of proof lies on the accuser or the defendant, this amendment serves to legally clear the line.
§1: Discord Moderation
a: In the given situation a discord moderator or other equivalent position with the power of moderation causes any of the following:
A slowmode, a timeout, a kick, a ban
It is on the moderator to prove that a crime or a valid reason to engage these precautions exists. The people affected do not have to prove that they did not cause the situation.
Example: a conversation is happening, a moderator puts on a slowmode calling it a debate, the moderator must prove that there was a debate happening, the people conversing do not need to prove that their conversation was not a debate.
§2: Enforcement
a: In a situation that this amendment applies to, a higher authority than the accuser may be called upon (ex: a server owner may be called to judge over the accuser (a MET member)). This higher authority may judge whether or not the accuser's claims are true. If no higher authority exists or is available, another member of the same authority may be called upon. If there is no other member of the same authority, any random person may be the judge if so requested.
b: If determined that the accuser's claims are false, the actions of the accuser originally supported by their claim must be undone. The judge may also decide whether the accuser must apologize to the defendant(s).
§3: Enactment
a: This is to immediately amend the constitution
Author: Vice (u/thatonefrein)
Sponsoring Parties: Byzantine, DiVe