IEEE Standards Association Operations Manual – Clause 4

The IEEE Standards Association (IEEE SA) shall be directed by a Board of Governors (BOG). The IEEE SA BOG shall establish policy, provide for financial oversight, and conduct standards-related activities within the technological fields of the IEEE. The IEEE SA BOG may establish and appoint boards, committees, and other organizational units as required to carry on the work of IEEE SA and promote its purposes.

The IEEE SA Board of Governors is accountable to the IEEE Board of Directors and the public at large to provide a broad spectrum of standards and standards-related products and services to meet the worldwide needs of industry, government, and the general public.

It is the responsibility of the IEEE SA BOG and each Board member to uphold the reputation of the IEEE as a worldwide professional technical society and the IEEE SA as a world leader in the development and promulgation of standards. To carry out these responsibilities, the IEEE SA BOG will, at a minimum,

a) Develop, pursue, and oversee programs to meet the global needs of standards developers and users

b) Approve policy additions/changes with significant financial/strategic implications for the IEEE SA

c) Approve IEEE SA position statements

d) Monitor developments in government and industry that demonstrate the need for standards-related activities and propose appropriate action to the IEEE SA Standards Board

e) Make recommendations to the IEEE Board of Directors on standards-related issues

f) Maintain and be familiar with the current IEEE Standards Association Operations Manual in concert with IEEE Bylaws and IEEE Policies

g) Hold meetings to accomplish the work of the IEEE SA BOG

h) Establish, manage, and disband committees, as appropriate, to perform the work of the IEEE SA BOG

i) Itself and through the President, appoint BOG Members and other governance volunteers to serve in various roles on committees, boards, and ad hocs supporting the goals of the IEEE SA

j) Strive to establish and maintain a constituency of IEEE SA members representative of all basic interests, including:

1. Technical societies and councils
2. Member and Geographic organizational units
3. Industry
4. Government
5. The general public

k) Provide financial oversight for the overall operation of the IEEE SA

l) Recommend candidates to stand for election by the IEEE SA constituency for the positions of IEEE SA President-Elect in alternating years, and two IEEE SA BOG members-at-large annually

m) Appoint two IEEE SA BOG members-at-large annually

n) Appoint the chair of the IEEE SA Standards Board

o) Appoint the membership of the IEEE SA Standards Board

p) Provide an awards program for recognition of exceptional service

The IEEE SA BOG will perform the following basic functions:

a) Establish and maintain a constituency of a wide range of basic interests among industry, government, and public areas

b) Address the global standardization interests of the technical societies and geographic organizational units of the IEEE

c) Establish and achieve strategic, long-range goals and objectives, typically every 3-5 years, to better serve the constituency and customer base with appropriate standards-related products and services

d) Review all policy additions and/or changes with significant financial or strategic implications

e) Set policy for new methods of standards development as needed

f) In conjunction with staff, be responsible for the delivery of the various components of the IEEE SA strategy

All members of the IEEE SA BOG shall act in accordance with IEEE Standards policies and procedures, IEEE Code of Conduct, IEEE Bylaws, and IEEE Policies including, but not limited to, Section 9.9 on Conflict of Interest, and Section 7.8 on the IEEE Code of Ethics. Members of the IEEE SA BOG shall reflect the technical and global standards interests of the IEEE. Consistent with IEEE Policy 9.8, the IEEE SA Nominations and Appointments Committee shall seek a diverse set of candidates representing a broad range of geographies, technical societies, and types of affiliations, e.g., industry, government, and academia.

Members-at-large shall have demonstrated involvement in standards activities within the IEEE, interest in and commitment to global standards, and IEEE regional representation. Members-at-large of the IEEE SA BOG shall fulfill the responsibilities given in 4.1.1.

All candidates, whether nominated by the IEEE SA BOG or by petition, shall have had recent experience within industry or government. “Recent” experience is defined as association, within the past three years, with industry or government as an employee, consultant, or another demonstrable relationship that provides an understanding of the standards and other IEEE SA program needs of industry or government.

In accordance with IEEE Bylaw I-307.3, all candidates proposed for election or appointment to the IEEE SA BOG, including the IEEE SA President, IEEE SA BOG members-at-large, the IEEE SA Treasurer, and non-voting members appointed by the IEEE SA President, shall be vetted by IEEE Legal and Compliance prior to their submission for a ballot of the membership or appointment by the IEEE SA BOG.

Individuals who have been sanctioned with suspension or expulsion from IEEE by the IEEE Board of Directors or who have been sanctioned with suspension or expulsion from the IEEE SA by either the IEEE Board of Directors or the IEEE SA BOG shall not be considered eligible for election or appointment to the IEEE SA BOG until 10 years after the end of their sanction period.

The term of office for the IEEE SA President shall be two years. The IEEE SA President shall not serve consecutive terms. The IEEE SA President shall serve as a member of the IEEE Board of Directors.

Duties of the IEEE SA President shall include but not be limited to

• Commitment to IEEE’s goals and strategic directions

• The efficient organization of committees and work programs to assure achievement of IEEE SA objectives

• Serving as the internal IEEE contact on standards matters

• Establishing contacts with government and industry leaders to assure IEEE-SA responsiveness to their standards needs

• Chairing the IEEE SA BOG

• Appointing members and liaisons to IEEE committees, boards, and other groups

• Appointing up to six non-voting members-at-large to the IEEE SA BOG for a one-year term upon approval by the IEEE SA BOG. Each appointed non-voting member shall meet the requirements in 4.2.1 and should bring a specifically needed skill or experience not found in the current BOG membership. In addition, each non-voting member of the IEEE SA BOG shall be an individual member of the IEEE SA.

Duties of the IEEE SA President-Elect and IEEE SA Past President, during their terms of office, shall include but not be limited to

• Serving as Vice-Chair of the IEEE SA BOG.

• Assisting the IEEE SA President in IEEE SA, IEEE, and other activities as may be requested.

Every other year, there shall be an election to fill the position of IEEE SA President-Elect, with service beginning the following year. Following a term of one year as IEEE SA President-Elect, the holder of that office shall serve as IEEE SA President in the subsequent two-year term and shall serve as IEEE SA Past President for a subsequent one-year term.

The IEEE SA Nominations and Appointments Committee shall formally solicit candidates for IEEE SA President from 1 March to 1 June of the year preceding an IEEE SA President election. By 15 November, the IEEE SA Nominations and Appointments Committee shall finalize the proposed slate. At least two nominees for IEEE SA President-Elect shall be proposed and submitted to the IEEE SA BOG for its endorsement or modification at the scheduled final meeting of the year preceding the election. All candidates, whether nominated by the IEEE SA BOG or by petition, shall be members of IEEE SA, of IEEE Senior Member or Fellow grade, shall have previously served as a member of the IEEE SA BOG, shall have knowledge of, and involvement in, standards development activities, shall have proven leadership in their professions, and shall have had recent experience within industry or government. “Recent” experience is defined as association, within the past three years, with industry or government as an employee, consultant, or another demonstrable relationship that provides an understanding of the standards and related consensus platform needs of industry or government.

When selecting candidates for IEEE SA President, the IEEE SA Nominations and Appointments Committee shall examine the candidates’ industry or government experience; knowledge of, and involvement in, standards development activities; and proven leadership in their professions.

Upon endorsement by the IEEE SA BOG, the list of candidates for IEEE SA President-Elect shall be sent to IEEE Corporate Activities to be put forward for election by the members of the IEEE SA who are also members of the IEEE. By 1 May, the candidate slate shall be made public. Voting members of the IEEE Standards Association may propose, by petition, names to be added to the ballot for the offices of IEEE SA President-Elect, using the processes in accordance with IEEE Bylaw I-307. IEEE Corporate Activities shall distribute ballots no later than the first business day following 14 August. 12:00 p.m. ET (UTC-4) of the first business day following 30 September is the deadline for the return of ballots. Within ten business days of the return ballot deadline, the election results shall be announced. The IEEE SA President-Elect shall be elected by a plurality of the votes cast by the eligible members of the IEEE SA who are also members of the IEEE.

The counting of the tally of votes will be a part of the IEEE annual election process and shall follow the applicable procedures specified in IEEE Bylaw I-307.

Any dispute or appeal connected with the election of the IEEE SA President-Elect shall be submitted to the IEEE for a review of the complaint and for action in accordance with IEEE Bylaw I-307.17 and I-307.19.

The term of office of the IEEE SA BOG members-at-large shall be two years. Members-at-large may serve an unlimited number of terms but not more than three terms consecutively. The members-at-large of the IEEE SA BOG shall serve alternating terms, with four members elected/appointed each year. Two members-at-large shall be elected by the eligible members of the IEEE SA and two members shall be appointed by the IEEE SA BOG.

The IEEE SA Nominations and Appointments Committee shall formally solicit candidates for the upcoming year’s IEEE SA elections from 1 February to 1 May. By 15 November, the IEEE SA Nominations and Appointments Committee shall finalize the proposed slate for the following year’s election. At least two nominees for each vacancy shall be proposed and submitted to the IEEE SA BOG for its endorsement or modification at the scheduled final meeting of the year preceding the election. All candidates shall be members of the IEEE SA, of IEEE Member, Senior Member, or Fellow grade, and shall have previously served as a member of the IEEE SA BOG, the IEEE SA Standards Board, the IEEE SA CAG, or one of the Strategic Management and Delivery Committees.

Upon endorsement by the IEEE SA BOG, the list of candidates shall be sent to IEEE Corporate Activities to be put forward for election by the members of the IEEE SA. By 1 May, the candidate slate shall be made public. Voting members of the IEEE Standards Association may propose, by petition, names to be added to the ballot, using the processes in accordance with IEEE Bylaw I-307. IEEE Corporate Activities shall distribute ballots no later than the first business day following 14 August. 12:00 p.m. ET (UTC-4) of the first business day following 30 September is the deadline for the return of ballots. Within ten business days of the return ballot deadline, the election results shall be announced. Those members-at-large shall be elected by a plurality of the votes cast by the eligible members of IEEE SA.

The IEEE SA Nominations and Appointments Committee shall formally solicit candidates for open positions from 1 February to 1 May of the appointment year. A minimum of three candidates for two positions shall be submitted to the IEEE SA BOG for its endorsement or modification at its second scheduled meeting of the appointment year. All candidates shall be members of the IEEE SA, of IEEE Member, Senior Member, or Fellow grade, and should have previously served as a member of the IEEE SA BOG, the IEEE SA Standards Board, the IEEE SA CAG, or one of the Strategic Management and Delivery Committee.

Those members-at-large shall be appointed by a plurality of the votes cast by the eligible members of the IEEE SA BOG at a meeting, normally held by teleconference, scheduled prior to the last regularly scheduled meeting of the IEEE Board of Directors in the year of appointment. IEEE SA BOG members vote for no more than two candidates. If the top two candidates cannot readily be determined due to a tie, a runoff ballot will be held. Any candidates already appointed or eliminated by the initial ballot are excluded from the runoff ballot.

The results of the appointment shall be confirmed by majority approval at a meeting of the IEEE SA BOG at which those results are reported. The appointment results will be submitted to the IEEE Board of Directors for its ratification at or before its last regularly scheduled meeting of the year of appointment.

The appointment results shall be announced after action by the IEEE Board of Directors. Those selected to serve on the IEEE SA BOG will begin their term of service in the year immediately following the appointment.

For those members-at-large positions that are elected by the eligible voting members of the IEEE SA, the counting of the tally of votes will be a part of the IEEE annual election process and shall follow the applicable procedures specified in IEEE Bylaw I-307.

Any dispute or appeal connected with the election of the IEEE SA BOG members-at-large shall be submitted to the IEEE for a review of the complaint and for action in accordance with IEEE Bylaw I-307.

The IEEE SA Treasurer, who shall be appointed by the IEEE SA President, and upon approval by the IEEE SA BOG, shall serve a two-year term and shall be a member of IEEE SA, and of IEEE Member, Senior Member, or Fellow grade. The IEEE SA Treasurer may serve an unlimited number of terms but not more than three terms consecutively. The IEEE SA Treasurer, or a past IEEE SA Treasurer, shall serve as the Chair of the IEEE SA Finance Committee (SA FinCom). The IEEE SA Treasurer shall serve as a member of the IEEE Finance Committee.

If the IEEE SA President is unable to complete his or her term of office, the Past President of the IEEE SA or the IEEE SA President Elect, whoever is serving on the IEEE SA BOG at that time, shall serve out the term. If the Past President of the IEEE SA is unable to complete his or her term of office, the most recent Past President of the IEEE SA willing to serve shall fill the position. If the IEEE SA President Elect is unable to complete his or her term of office, a special election shall be held to fill the position. If a member-at-large is unable to complete his or her term of office, the IEEE SA President shall have the discretion of deciding whether to hold a special election/appointment process or to appoint a person to serve out the term. If the IEEE SA Standards Board Chair is unable to complete his or her term of office, the Vice-Chair of the IEEE SA Standards Board shall serve out the term. If the IEEE SA Treasurer is unable to complete his or her term, the IEEE SA President shall appoint a person to serve out the term.

Except as specified in the IEEE Bylaws and this manual, meetings will be conducted in accordance with the latest edition of Robert’s Rules of Order.

A preliminary agenda for each meeting shall be prepared by the Secretary and distributed to the members of the IEEE SA BOG at least two weeks prior to a scheduled meeting.

A final agenda shall be presented at the time of the IEEE SA BOG meeting. Recommendations to the IEEE SA BOG from the committees of the IEEE SA BOG shall be contained in an agenda item known as a “consent agenda.” Prior to approval of the agenda, any member may request that an item on the consent agenda be removed and considered separately as part of the agenda. Adoption of the consent agenda as modified constitutes approval of all included items by unanimous consent. The balance of the agenda normally includes, in the order shown, the President’s report, the Secretary’s report, action items, information and discussion items, committee reports, and new business.

The minutes of each meeting of the IEEE SA BOG shall be sent by the Secretary to IEEE SA BOG members, those present at the meeting, and anyone involved in an action of the IEEE SA BOG within four weeks following the meeting. In reporting an official action of the IEEE SA BOG, the minutes shall, on request of dissenters, contain a record of the dissenting votes. In addition, a listing of resolutions of each meeting of the IEEE SA BOG shall be made available to the public by the Secretary within four weeks following the meeting.

Dates for regular meetings shall be approved by the IEEE SA BOG. Special meetings of the IEEE SA BOG may be called by the IEEE SA President if necessary.

Meetings may be held in person, by telephone, or by videoconference, or by any combination of these three means. Members of the IEEE SA BOG are responsible for the costs of attending meetings.

Proposals for meeting venues for the IEEE SA BOG shall be made by staff according to the following criteria:

a) Location selection shall be based on accessibility, cost, and availability of appropriate meeting space

b) Date and location selection shall be made with consideration for special IEEE events and opportunity for local interactions

Consideration of a venue near the New Jersey Operations Center for at least one meeting each year is encouraged.

While unforeseen circumstances may require a change of meeting dates or locations, a proposal for such an alteration shall be accompanied by the expected financial impact of such a change including, but not limited to, existing contractual obligations, pre-arranged travel, and projected expense of the new dates and location.

If action needs to be taken between meetings, an ad-hoc council consisting of the IEEE SA President; the IEEE SA President Elect or the most recent IEEE SA Past President willing to serve; the Chair of the IEEE SA Standards Board; the Managing Director, IEEE Standards Activities; and one member-at-large shall have the authority to take such action. Use of the ad-hoc council shall not be made unless unavoidable. The Managing Director, IEEE Standards Activities, shall serve as an ex-officio member of the council without vote.

The member-at-large on the ad-hoc council shall be selected from among the eight members-at-large on the IEEE SA BOG. The member-at-large on the ad-hoc council shall be determined at the final meeting of the IEEE SA BOG during the calendar year. The term of service shall be for the following year.

Meetings of the ad-hoc council may be held in person, by telephone, or by videoconference, or by any combination of these three means.

The ad-hoc council shall have all the powers and duties of the IEEE SA BOG except for such matters not permitted to be delegated to the ad-hoc council pursuant to Section 712(a) of the New York Not-for-Profit Corporation Law and for other matters that the BOG has, by resolution, expressly reserved to itself. All such powers and duties of the IEEE SA BOG that the ad-hoc council is authorized to exercise pursuant to this subclause, and all other powers and duties that the ad-hoc council is authorized to exercise pursuant to other provisions of the IEEE Bylaws, shall be subject to the following limitations:

a) Except if and to the extent otherwise expressly provided in other provisions of the IEEE Bylaws, that the BOG may by majority vote of those present and eligible to vote at any meeting overrule any act or decision of the ad-hoc council.

b) The IEEE SA BOG may direct any action or plan of the ad-hoc council.

The IEEE SA BOG may use ballots to take action between meetings. Such ballots shall be sent via mail, electronic mail, or fax to each IEEE SA BOG member. No confirmation of receipt of the ballots will be requested. Unanimous written consent of those members of the IEEE SA BOG eligible to vote shall be received by the date specified on the ballot in order for the action to be taken between meetings. If all ballots are not returned by the date specified on the ballot, the IEEE SA President may elect to extend the ballot two times to receive the returned ballots. Notification of such extensions shall be sent to all IEEE SA BOG members by mail, electronic mail, or fax.

Persons who have directly and materially affected interests and who have been, or could reasonably be expected to be, adversely affected by a decision of the IEEE SA BOG, or by the lack thereof, shall have the right to appeal actions or inaction of the IEEE SA BOG. In addition, pursuant to section 5.8.9 of the IEEE SA Standards Board Operations Manual, an appellant may appeal an IEEE SA Standards Board Appeal Panel’s final decision to the IEEE SA BOG.

The IEEE SA BOG shall not consider appeals of technical decisions based on technical grounds or make findings with respect to ethical rules. All technical decisions shall be made at or below the Standards Committee level. Any person dissatisfied with an ethical decision shall be advised to bring such claim to the attention of the IEEE Ethics and Member Conduct Committee or the IEEE SA Standards Conduct Committee, as appropriate.

The BOG Appeal Officers shall be the IEEE SA President and the IEEE SA BOG Vice Chair for Appeals.

At the first IEEE SA BOG meeting of the year, the IEEE SA President shall appoint, subject to ratification by the IEEE SA BOG, one of its voting members to serve as the IEEE SA BOG Vice Chair for Appeals. The IEEE SA BOG Vice Chair for Appeals shall form BOG Appeal Panels to hear specific appeals. If the IEEE SA BOG Vice Chair for Appeals has a conflict regarding the subject matter of an appeal, the IEEE SA President shall appoint another member of the IEEE SA BOG to serve as the IEEE SA BOG Vice Chair for Appeals for that particular appeal.

If the IEEE SA President has a conflict regarding the subject matter of an appeal, the IEEE SA President shall appoint a non-conflicted member of the BOG to serve as the second BOG Appeal Officer for that particular appeal.

The appellant shall file a written appeal brief with the Secretary of the IEEE SA BOG within (i) 30 days after the date of notification of action of the IEEE SA BOG; (ii) within 30 days after an IEEE SA Standards Board Appeal Panel’s decision becomes final; or (iii) after 30 days and within 60 days with respect to inaction of the BOG. The appeal brief shall state the nature of the objection(s) including any adverse effects, the clause(s) of the procedures or the standard(s) that are at issue, actions or inaction that are at issue, and the specific remedial action(s) that would satisfy the appellant’s concerns. Previous efforts, including all subordinate appeals, to resolve the objection(s) and the statement of outcome/decision of each, including a sequence of events of these efforts, shall be provided. The appellant shall include documentation supporting all statements in the appeal brief. All issues regarding the subject action or inaction shall be filed together in one appeal brief.

The Secretary shall send the appellant a written acknowledgment of receipt of the appeal brief within five business days of such receipt. The BOG Appeal Officers shall review the appeal brief and determine within 20 days of receipt of the appeal brief if the appeal shall be heard by an IEEE SA BOG Appeal Panel. The BOG Appeal Officers shall review whether the appellant has established a prima facie case, especially in reviewing whether any previous SASB Appeal Panel decision appealed from was adjudicated in accordance with the relevant P&Ps. If it is determined that a prima facie case has not been established, the Secretary shall notify the appellant in writing that the appeal will be dismissed. If it is determined that the IEEE SA Standards Board should hear the appeal, the appeal shall be referred to the IEEE SA Standards Board and adjudicated according to IEEE SA Standards Board processes (see subclause 5.4 of the IEEE SA Standards Board Bylaws and subclause 5.8 of the IEEE SA Standards Board Operations Manual). If the IEEE SA Standards Board considers an appeal from a referral from the IEEE SA BOG, any results of that appeal shall be reported to the Secretary of the IEEE SA BOG within ten days of the IEEE SA Standards Board final decision.

If the BOG Appeal Officers determine that an IEEE SA BOG Appeal Panel should hear the appeal, the Secretary shall, within 30 days of receipt of the appeal brief, send the appellee a copy of the appeal brief and acknowledgment, and shall send the appellant and the appellee a written notice of the date, time, and location for an in-person hearing (“hearing notice”) with the BOG Appeal Panel (see 4.4.4). The in-person hearing with the BOG Appeal Panel shall be scheduled at the location set for, and during the period of, the first IEEE SA BOG meeting that is at least 60 days after mailing of the hearing notice by the Secretary.

Upon agreement of the appellant, the appellee, and all of the BOG Appeal Panel members, (i) one or more of the participants in an in-person hearing may participate by telephone; or (ii) the hearing may be held solely by telephone at a date/time prior to the scheduled in-person hearing. The Chair of the BOG Appeal Panel will facilitate such agreements.

New evidence meeting the requirements of 4.4.5 shall be provided at least two weeks before the date of the BOG Appeal Panel hearing.

Within 45 days of receipt of the hearing notice, the appellee may send the appellant and Secretary a written reply brief, which specifically and explicitly addresses each allegation of fact in the appeal brief to the extent of the appellee’s knowledge. If the appellee furnishes a reply brief, the brief shall include documentation supporting all statements contained in the reply brief.

Except as noted below, the BOG Appeal Panel shall consist of three voting members of the IEEE SA BOG who have not been directly involved in the matter in dispute, and who will not be materially or directly affected by any decision made or to be made concerning the dispute (“BOG Appeal Panel”). In the event that it is not possible to find three such disinterested voting members of the IEEE SA BOG to serve on a BOG Appeal Panel, the IEEE SA BOG Vice Chair for Appeals may appoint any disinterested IEEE SA member to serve as a member of the BOG Appeal Panel. At least two members of the BOG Appeal Panel shall be acceptable to the appellant and at least two shall be acceptable to the appellee. If the parties to the appeal cannot agree on a BOG Appeal Panel within a reasonable amount of time, the IEEE SA BOG Vice Chair for Appeals shall unilaterally appoint members of the BOG Appeal Panel. If a BOG Appeal Panel member resigns or is removed from the BOG Appeal Panel at any time before the appeal hearing, then the IEEE SA BOG Vice Chair for Appeals shall appoint a replacement. The replacement shall be subject to the acceptability criteria described above.

To ensure continuity of the appeals process, a specific BOG Appeal Panel will remain impaneled until the publication of the BOG Appeal Panel’s final decision(s).

The number of participating (i.e., speaking) representatives for each of the parties to the appeal is limited to a maximum of three (3). Other individuals may attend the hearing, but will not be permitted to address, or be addressed by, the BOG Appeal Panel or either of the parties to the appeal at any time (including during the question-and-answer period). No recordings or verbatim transcriptions of the hearing are allowed, except by the IEEE SA at its sole discretion.

The BOG Appeal Panel may call an Executive Session before, during the course of, or following an appeal hearing to consider its action on a specific appeal.

No party to an appeal may communicate with any member of the BOG Appeal Panel regarding the appeal while the matter is pending (i.e., from the time of filing of the appeal brief to finalization of the BOG Appeal Panel decision).

The appellant has the burden of demonstrating adverse effects, improper actions or inaction, and the efficacy of the requested remedial action. Each party may present other pertinent arguments, and members of the BOG Appeal Panel may address questions to individuals. The BOG Appeal Panel shall only consider documentation included in the appeal brief and reply brief, unless

a) Significant new evidence has come to light; and

b) Such evidence reasonably was not available to the appellant or appellee, as appropriate, at the time of filing; and

c) Such evidence was provided by the appellant or appellee, as appropriate, to the other parties as soon as it became available.

Prior to the hearing, the members of the BOG Appeal Panel may convene to review the ground rules before the participants appear.

The BOG Appeal Panel shall render its decision, based upon majority vote of the BOG Appeal Panel (BOG Appeal Panel members shall vote to find in favor of the appellant or the appellee and shall not abstain), in writing within 30 days of the hearing, stating findings of fact and conclusions, with reasons therefore, based on a preponderance of the evidence. The BOG Appeal Panel shall only address the concerns raised by the appellant and the appellee. Consideration may be given to the following positions, among others, in formulating the decision:

a) Finding for the appellant, with a specific statement of the issues and facts showing that an IEEE policy or procedure was violated. In formulating its conclusions, the BOG Appeal Panel may prescribe the remedy proposed by the appellant or may prescribe an alternative remedy;
b) Finding against the appellant, with a specific statement of the issues and facts showing that appellant failed to meet its burden to demonstrate that an IEEE policy or procedure had been violated; or
c) Finding that new, substantive evidence has been introduced, and remanding the entire action to the appropriate committee for reconsideration.

If the appeal has been previously heard by an SASB Appeal Panel, the appellant does not have the right to retry appellant’s case before the BOG Appeal Panel. Rather, appellant must show by a preponderance of evidence that the SASB Appeal Panel made an error by failing to follow its own policies and procedures. The appellant shall be barred from bringing new evidence before the BOG Appeal Panel unless such evidence reasonably was not available to the appellant at the time of the SASB appeal hearing. In such a case, the BOG Appeal Panel will determine whether such new evidence could change the outcome of the proceeding and, if so, shall remand the entire action back to the SASB Appeal Panel for its reconsideration. Where the appeal was previously heard by an SASB Appeal Panel, the BOG Appeal Panel may give consideration to the following positions, among others, in formulating the decision:

1) Finding for the appellant with a specific statement of how the SASB Appeal Panel failed to follow its own policies and procedures and remanding the action to SASB Appeal Panel with instructions that the SASB Appeal Panel issue a ruling on the subject of the appeal correctly following its own policies and procedures;
2) Finding against the appellant, with a specific statement of the facts that demonstrate that appellant failed to meet its burden to demonstrate that the SASB Appeal Panel did not follow its own policies and procedures; or
3) Finding that new evidence has been introduced which (i) was not reasonably available to the appellant at the time of the SASB appeal hearing; and (ii) could change the outcome of the proceeding, and remanding the entire action to the SASB Appeal Panel for reconsideration.

The BOG Appeal Panel Chair, through the Secretary, shall notify the appellant, the appellee, and members of the IEEE SA BOG in writing of the decision of the BOG Appeal Panel.

If a BOG Appeal Panel member resigns or is removed after a hearing, then the remaining two members of the BOG Appeal Panel may issue a decision if their decision is unanimous. If it is not unanimous, then the IEEE SA BOG Vice Chair for Appeals shall appoint a replacement BOG Appeal Panel member and a rehearing shall be conducted during the next IEEE SA BOG meeting series.

If the appeal relates to a decision of the IEEE SA BOG or lack thereof, the decision of the BOG Appeal Panel shall become final 30 days after it is issued, unless one of the parties files a written notice of request for re-hearing prior to that date with the Secretary, based on new evidence, provided such new evidence existed at the time of the hearing, but was not reasonably available to either the appellant or appellee, as appropriate, at the time of the hearing. In such case, the decision of the BOG Appeal Panel shall be stayed pending review by the IEEE SA President and the IEEE SA BOG Vice Chair for Appeals within 20 days of receipt of the written request. The review shall decide

a) To adopt the report of the BOG Appeal Panel, and thereby deny the request for re-hearing; or

b) To direct the BOG Appeal Panel to conduct a re-hearing.

If the appeal relates to an appeal of an IEEE SA Standards Board Appeal Panel’s final decision in accordance with section 5.8.9 of the IEEE SA Standards Board Operations Manual, neither party may request a rehearing and the decision of the BOG Appeal Panel shall become final 30 days after it is issued.

The IEEE SA encourages settlement of disputes at any time if the settlement is consistent with the objectives of the IEEE SA Policies and Procedures. Any settlement (to which the parties agree in writing) that is consistent with these policies and procedures, or an agreement to withdraw the appeal, will terminate the appeal process.

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