. Participation 1. Parties
The parties to an investigation and arbitration are the Center and the Respondent. During the investigation, the Claimant and Respondent will have an opportunity to submit information and relevant evidence, to identify witnesses who may have relevant information, and to submit questions that they believe should be directed by the investigatorto each other or to any witness.
Neither the Claimant nor Respondent are requiredto participate in the investigation nor any form of resolution under these procedures. However, full cooperation and participation in the resolution process is important to ensure that all relevant information and evidence are presented so the Center can determine whether a Code violation occurred. If a Claimant or Respondent declines to cooperate or participate in an investigation, the Center will make its decision based on the available evidence; alternatively, the Center may, in its discretion, choose not to proceed.
a. Where a Claimant declines or is otherwise unable to participate in an investigation or hearing, the Center’s ability to resolve the allegations may be limited. In such cases, the Center may pursue the report if it is possible to do so without the Claimant’s participation in the investigation or resolution (e.g., where there is other relevant evidence of the Prohibited Conduct, such as
recordings, corroborating reports from other witnesses, or physical evidence). Even withsuch evidence, however, the Center may only be able to respond to the report in limited and general ways.
b. If during the investigative process (i.e., prior to the Decision being issued), information or evidence that is available to the Respondent, including testimonial evidence, is not provided to the investigator, such information or evidence will not be considered in determining whether a violation of the Code occurred.
If such information or evidence is provided after a Decision has been issued, absent good cause, it will be afforded less weight during any subsequent Arbitration. The Center may reopen the investigation to determine the evidentiary value of, or gather additional evidence related to, such evidence. The arbitration-related costs associated with any delay will be borne by the Respondent.