Public Statement Regarding the "Mafia" Case

Earlier today an advisory note went out to all signatory TOs which indicated, among other things, that the extended ban of James "Mafia" Lauerman will be discontinued under the recommendations of the new code. While it is normally not this panel's prerogative to make public statements regarding individual cases, due to the highly public and controversial nature of this case, the committee has seen fit to release supplementary information for this case in an effort to assuage any concerns about the process or its decision.



Mafia's initial ban handed out by New England and New York City TOs was de-facto adopted nationwide in August of 2017 and was initially stated to last for one year. Halfway through that time period, additional cases of harassment, misconduct, and assault, both sexual and otherwise, were brought publicly and the Conduct Panel was formed with the initial moniker 'Harassment Task Force'. At the end of Mafia's stated ban, it was publicly announced by New England and New York TOs that his ban would be extended indefinitely, due in main part to public outcry about his possible return.



With respect to the Code of Conduct, we took many steps to ensure that the final word on this particular case would be thoroughly researched, sufficiently impartial, respectful to the victim and her feelings, while being fair to Mafia himself. In the event that Mafia had made no efforts to correct his behavior, had performed no self-reflection, or was not aware of how damaging his actions had been, the panelists for his case would have had no hesitation upholding a lifetime ban. These panelists, which constituted a varying group of community leaders and voices and consisted of a 3-2 balance of men to women, reviewed at length Mafia's case. They were given full details of his behavior up to and after the time of the offense and ban, were given hundreds of text messages, dozens of pages of statements made by both Mafia, the victim, and those who knew one or both parties, and had the opportunity to speak at length with Mafia himself regarding his behavior. No member of the founding Code of Conduct Committee had any say over their deliberation, other than to follow the logistical procedure laid out in the Code of Conduct itself.



In accordance with CoC guidelines, two votes were taken. The first was a vote on which offense had occurred. This was a unanimous 5-0 decision that Mafia had broken a level 3 offense for 'Sexual Misconduct', which includes the following in the long-form code: " _Sexual Misconduct includes, but is not limited to: Fondling or unwanted sexual touching; groping, sexual exposure, or any ordinarily non-sexualized behavior performed with an explicit sexual suggestion in a coercive setting._ " This is to differentiate between a level 4 offense, 'Sexual Assault', which includes the following in the code: " _Sexual assault includes, but is not limited to, forcing a victim to perform sexual acts, such as oral sex or forced masturbation; penetration of the victim’s body, also known as rape, and drug-facilitated molestation._ " (edited)



With Mafia's behavior falling under a level 3 offense, the panelists then voted on what the appropriate punishment should be. The Code of Conduct defines a first-time offender in this section as warranting up to a two-year ban from all Signatory events. As of the time of this decision, Mafia has served 18 months of a ban, six months longer than was initially agreed upon. During that time Mafia experienced both the weight of his own actions and the weight of his former community's disdain for him. While his path through that ban was not spotless, including at least one attempt to skirt the ban by attending an event as a spectator, ultimately the panel saw several promising trends of behavior that gave them confidence that he was truly remorseful and ready to atone for his sins. Mafia worked intimately with a therapist to address the root of his impulsive behavior and worked as best as circumstances would allow to make amends with the victim. Given his self-directed efforts to making amends and learning from his mistakes, the panel unanimously voted to end his extended ban and allow him a provisional return to competition in Melee tournaments. There was only dissent about whether to require that Mafia perform community service as a condition of his return; in a 4-1 decision, it was determined that we could not remove the agency of TOs to determine who represents them and their staff.



The Code of Conduct Panel supports the process that led to this decision, and also support the process that may continue from here. If the victim is dissatisfied with the outcome and has additional evidence to add to the discussion, there is a process for appealing the decision outlined in article 8 of the code. Additionally, many signatories have already vocalized their disagreement with the outcome, to which we would refer them to article 9.2 of the code, which states that " _If a signatory wishes to contest the findings of an Appeal Panel decision, they may submit an email complaint to the Disciplinary Panel. If half of the signatories submit a complaint, the details of the case will be turned over to the bodies of the 5, who will have the jurisdiction to make the final decision on the matter._" We check that email daily and are cataloguing all responses we receive there.



As a final word on the matter, this is the first very public and very controversial case that this Panel has dealt with since the Code was ready for public use and signatories were attached to it. This is still largely a learning process, for both the committee, the panelists, and the community itself. Some of us have received death threats in response to previous statements made to the public, and while we have dedicated a large amount of time to the ideals of impartiality and fairness, there was an equal if not greater desire for empathy and warmth to the members of our community, those responsible included. The SSB Conduct Panel is not going to act like all of its decisions are infallible or morally prudent, however we have laid a vast web of groundwork so that feedback is received over the proper channels and so that decisions can be challenged in a constructive fashion. We are committed to a safer, more loving, and more tolerant community, and we are always open to suggestions and feedback from those who share that end desire. Thank you for your time."



-CoC panel

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