Would tweak as follows:
“Any member of the DAO can submit a suspected breach of the Code of Conduct by another member of the DAO for Dispute Resolution that will include the authority to reprimand, penalise or expel any member of the DAO.”
I had proposed defining a Dispute Resolution process here VDP-36 Stewardship Process Amendment #1 - #2 by Savva, reproduced below (but with proposed amendment by Jesse to be consistent with existing Dispute Resolution clauses in our agency agreements):
“Dispute Resolution” means the process described herein to resolve any controversy, dispute, or claim between VitaDAO members regarding any matter related to their work with VitaDAO.
In the case of any controversy, dispute, or claim, the members will resort to first to amicable and direct negotiation. If the matter is not resolved through negotiation within 10 days of the initiation of the conversation, then the matter will proceed to mediation with a neutral member of the VitaDAO Legal Working Group. If the dispute cannot be resolved within 20 hours of mediation over not more than 30 days, then the matter will proceed to off-chain or on-chain arbitration.
All VitaDAO members hereby agree that any dispute, controversy or claim arising out of or relating to their work at VitaDAO including the validity, interpretation, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration. If on-chain, then the dispute shall be administered using the Kleros online arbitration system and in accordance with its rules. If off-chain, then the dispute shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. In any event, the tribunal will consist of one arbitrator. The language used in the arbitral proceedings will be English. Costs shall be borne by the party initiating the dispute, who shall have the right to request a costs award from the other party. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
However, while I hope that most issues can be resolved by “mediation”, in my view, we may want to consider having a VitaDAO tribunal (e.g. 2 members of legal WG + 1 WG member with dispute resolution experience) which is delegated executive power by VitaCore and/or VitaDAO token holders, with final right of appeal to on-chain or off-chain arbitration.
The idea is this is an escalating process which encourages early mediation and settlement of disputes. A formal and transparent means to resolve disputes taking into account principles of due process / procedural fairness / natural justice will improve resiliency and anti-fragility of the DAO overall.