Hello, fellow judges.

So, I have a courious case regarding the proccedure of an investigation. I don't mean to write about the investigation itself (as it is still ongoing), but to talk about the proccedure of investigating and an ethic issue regarding it.

A witness is asked to do a statement regarding a disqualification that affected his opponent. Because of the tournament is not over yet, he coordintes with the HJ to give his statement later via e-mail. Later, he send his declaration in which he explains what happenned. The declaration ends with something like: ‘I don’t mean to harm even further my opponent. Therefore, if this statement will be used to punish him even more than the DQ,
I request you not to use this statement'.

I know it's weird that he actually sent his statement with that request at the end of it. I guess the usual thing would be to just send something like: ‘I don’t want to make a statement'. Therefore, I'm not sure if I should uphold the request of the witness, and not sent his statement to the commitee (explaining that he didn't want to make a statement). Under my understanding, the outcome of an investigation is (at least normally) either nothing or something bad for the player. I'm not sure if it is ethical or correct to do so.

Thanks for the responses :)

At this point, you have a statement with information relevant to the investigation. I think forwarding that statement and potentially pointing out that line is your best option. Allow the committee to make that decision.

Nicholas is right. Joaquin, if I were in your situation, I wouldn't filter
any statements, I'd enter those statements in the investigation report as I
received them. Then I'd add an additional statement (using my name) to make
any comments I feel appropriate.


Alejandro Raggio
araggio@gmail.com

I might suggest emailing the player back and asking for clarification. Just using their statement when they ask not to isn't going to do the community any favors. I think that kindly asking the player and explaining the situation may do the same good but without any of the negativity that could happen.

Contacting the player for clarification is not a bad idea at all. However
it seems odd that the player sent a statement and then said “if your are
going to use it to punish my opponent, then don't use it”.

The player didn't tell Joaquin “here's my statement but please don't use
it”, instead he told Joaquin that he didn't want his statement to be used
to punish his opponent even further.

As long as the player knows he may opt out and decide not to submit a
statement, it would just be a matter of letting the player know that you,
as the reporting judge, are not the one who is going to decide on the
outcome of that investigation, and that all statements are kept
confidential.


Alejandro Raggio
araggio@gmail.com

I do really like the idea of going back to the player to discuss why it should (or should not) be included. Hopefully you could convince them that more information will lead to the most fair outcome, all things considered.

The player might be worried about future repercussions, physical or social, if something happens to his opponent. He may have not understood, fully, what a statement entails and had told others that a judge asked him for a statement but “he'd make sure no one got in trouble.”

I think everyone else is right about how to resolve it, but I can definitely see why a player might write a caveat to his statement like that. Definitely recommend a follow up with the player .

I think this is a problem where you are in an impossible situation.

You now have a statement. Whether you submit it or not, the player who got DQd could get suspended. If they do, how will the witness know if it was his statement that tipped the committee over the line or not? Better yet, how will YOU know if it was that statement that made a difference?

In your situation I would likely include the fact that a witness made a statement but asked that it not be used.