{"id":523,"date":"2020-08-24T17:19:17","date_gmt":"2020-08-24T17:19:17","guid":{"rendered":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/?page_id=523"},"modified":"2020-08-24T17:19:18","modified_gmt":"2020-08-24T17:19:18","slug":"terms-of-arbitration","status":"publish","type":"page","link":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/terms-of-arbitration\/","title":{"rendered":"Terms of Arbitration"},"content":{"rendered":"\n<p><strong>ALTERNATIVE DISPUTE RESOLUTION<\/strong><\/p>\n\n\n\n<p>&nbsp;&nbsp;&nbsp; We believe that ViewPoint Christian Academy\nhas all the resources necessary to resolve personal disputes that may arise\namong its officers, faculty, staff, board members, agents and students.&nbsp; ViewPoint Christian Academy has chosen an\nAlternative Dispute Resolution (ADR), including the use of arbitration (See our\nestablished procedures for arbitration), to resolve conflicts in lieu of going\nto court.&nbsp; We do not believe that\nChristians are free to make demands, threaten, sue or actually litigate any\nmatter among themselves, to do so would be in clear violation of the Biblical\nprohibition contained in 1 Corinthians 6:1-8, which, as a part of our faith, we\nare commanded to obey.&nbsp; We have agreed to\nwaive any legal right to take non-criminal disputes to a court of law.&nbsp; We have agreed to submit any and all\nnon-criminal disputes, differences and controversies whatsoever, that any party\ncontinues to contest after the Matthew 18 principles have been applied, to\nbinding arbitration.<\/p>\n\n\n\n<p><strong>THE MATTHEW 18 PRINCIPLE:<\/strong><\/p>\n\n\n\n<p><strong>A process for restoration and reconciliation<\/strong><\/p>\n\n\n\n<p><strong>Step I<\/strong><\/p>\n\n\n\n<p>The members, students and staff\nof ViewPoint Christian Academy (ViewPoint) are expected to demonstrate a\nspecial loyalty to and concern for one another.&nbsp;\nWhen one of the aforementioned has been offended by or has a grievance\nagainst another member of the VIEWPOINT family and wishes to see the dispute\nresolved he must go to the offending party and seek a restoration of their\nrelationship.&nbsp; Before going the offended\nperson should first examine himself.&nbsp;\nWhen he goes he should go with a spirit of humility sincerely seeking\nthe restoration of the resolution of the dispute and the restoration of the\nfractured relationship.&nbsp; (Mat. 18:16;\nGal. 6:1)<\/p>\n\n\n\n<p><strong>Step II<\/strong><\/p>\n\n\n\n<p>If reconciliation is not achieved\nby Step I, then the person seeking to achieve the restoration of the\nrelationship must approach the other party, a second time, in the company of a\nperson who holds a leadership position in the school.&nbsp; This second step should also be preceded by\nself-examination and followed through within a spirit of humility.&nbsp; (Matt. 18:16; Gal. 6:1)<\/p>\n\n\n\n<p><strong>Step&nbsp; III<\/strong><\/p>\n\n\n\n<p>If the matter remains unresolved\nafter the steps above have been taken, then the matter must be brought before\nthe ViewPoint Christian Academy School Board.&nbsp;\nThe ViewPoint Christian Academy School Board will hear the matter.&nbsp; The ViewPoint Christian Academy School Board\nare responsible for dealing with murmuring and grievances within the school\nfamily.&nbsp; If the matter between the\nparties cannot be resolved before the ViewPoint Christian Academy School Board\nthe ViewPoint Christian Academy School Board shall recommend that after\nself-examination the concerned parties make a final effort in private\nconference with one another to resolve their differences and be\nreconciled.&nbsp; (Matt. 18:17; Gal. 6:1)<\/p>\n\n\n\n<p><strong>Step IV<\/strong><\/p>\n\n\n\n<p>If the matter is still unresolved\nafter all of the above steps have been taken, the party(s) to the dispute who\nrefuses to repent and be restored or reconciled shall be, by majority vote of the\nViewPoint Christian Academy School Board, subject to such discipline as the ViewPoint\nChristian Church Board of Directors deem appropriate, not excluding\ndismissal.&nbsp; <\/p>\n\n\n\n<p><strong>The procedures outlined above are based upon Matthew 18:15-20; Romans\n16:17-18; I Corinthians 5:11-13; I Thessalonians 3:6,10-15; I Timothy 5:19-20;\nand Titus 3:10-11.&nbsp; To the extent that\nany of the procedures stated in this section contradict the Scriptures (as\ninterpreted by the board of directors of ViewPoint Christian Academy), the Scriptures\nshall govern.<\/strong><\/p>\n\n\n\n<p><strong>PROCEDURES OF ARBITRATION:<\/strong><\/p>\n\n\n\n<p><strong>Section I<\/strong><\/p>\n\n\n\n<p><strong>Scope of Arbitration:<\/strong><\/p>\n\n\n\n<p><strong>1.&nbsp;&nbsp; Members, staff and students\n(parents\/legal guardians of students under the age of 18) of ViewPoint\nChristian Academy are agreed that all disputes, apart from public offenses\n(crimes against someone), will be settled through the ADR process.<\/strong><\/p>\n\n\n\n<p><strong>2.&nbsp;&nbsp; <\/strong>The parties must, prior\nto the selection of arbitrators, agree to the scope of the matters to be\nconsidered by the arbitrators.&nbsp; In doing\nso the parties must conduct themselves with the utmost courtesy as befits\nbelievers in Jesus Christ.&nbsp; Failure to do\nso shall be considered a proper matter for school discipline.&nbsp; If the scope of the dispute for arbitration\ncannot be agreed upon by the parties, the scope shall be determined by the\narbitrators.<\/p>\n\n\n\n<p><strong>Section II<\/strong><\/p>\n\n\n\n<p><strong>Submission to arbitration:<\/strong><\/p>\n\n\n\n<p><strong>3.<\/strong>&nbsp;&nbsp; The parties as\nChristians, believing that civil lawsuits between Christians are prohibited\nby&nbsp; Scripture and having agreed to submit\ndisputes to binding arbitration, and to waive any legal right to take the\ndispute to a court of law, will refer and submit any and all disputes,\ndifferences, and controversies whatsoever within the scope of arbitration to a\npanel of three arbitrators, to be selected as follows: <\/p>\n\n\n\n<p><strong>a.&nbsp;&nbsp; <\/strong>All arbitrators must be\nborn again Christians of good reputation in the community and who affirm the\nschool&#8217;s statement of faith.<\/p>\n\n\n\n<p><strong>b.&nbsp; <\/strong>Each party shall submit a\nlist of three proposed arbitrators to the other party, and the other party will\nchoose one of the three proposed&nbsp;\narbitrators to serve on the panel.<\/p>\n\n\n\n<p><strong>c.&nbsp; <\/strong>The third arbitrator will\nbe selected by mutual agreement of the other two arbitrators.<\/p>\n\n\n\n<p><strong>d.&nbsp; <\/strong>In selecting arbitrators,\neach party will act in good faith in choosing Christian arbitrators who have no\nprior knowledge of the facts leading up to the dispute, are not related to or\nclose friends with the selecting party, and who will act impartially and with\nfundamental fairness.<\/p>\n\n\n\n<p><strong>e.&nbsp; <\/strong>No arbitrator may be an\nattorney.<\/p>\n\n\n\n<p><strong>f.&nbsp; <\/strong>No arbitrator may be\nemployed by, or under the authority of, either party or the other arbitrators.<\/p>\n\n\n\n<p><strong>g.&nbsp; <\/strong>The arbitrators will be\nselected as soon as possible but no later than 30 days after the parties have\nagreed to the scope of the arbitration.<\/p>\n\n\n\n<p><strong>h.&nbsp; <\/strong>The arbitration will be\nheld at a neutral site agreed to by the arbitrators. <\/p>\n\n\n\n<p><strong>i.&nbsp; <\/strong>The arbitration agreement\nwill not be signed until the arbitrators are agreed upon.<\/p>\n\n\n\n<p><strong>4.&nbsp;&nbsp; <\/strong>The arbitrators shall be\nsubject to the provisions of these procedures and arbitrate the dispute\naccording to the terms of these procedures, the Bible as interpreted by the\nschool&#8217;s statement of faith, and any applicable school documents.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Each party may be represented by counsel throughout the\nprocess at their own expense. Each attorney shall have absolute freedom to ask\nquestions of any witnesses during the arbitration process.&nbsp; Formal rules of evidence shall not\napply.&nbsp; Formal rules of discovery shall\nnot apply and a discovery process agreed upon by the parties must be used.<\/li><\/ul>\n\n\n\n<p><strong>Section III<\/strong><\/p>\n\n\n\n<p><strong>Terms and Conditions of Arbitration:<\/strong><\/p>\n\n\n\n<p><strong>6.&nbsp;&nbsp; <\/strong>The arbitrators shall\nhave full power to make such regulations and to give such orders and directions\nas they shall deem expedient in respect to a determination of damages in the\nmatters and differences referred to them. <\/p>\n\n\n\n<p><strong>7.&nbsp;&nbsp; <\/strong>The arbitrators shall\nhold the arbitration hearing as soon as possible, but no later than thirty (30)\ndays after the selection of the third arbitrator.<\/p>\n\n\n\n<p><strong>8.&nbsp;&nbsp; <\/strong>There shall be no\nstenographic record of the proceedings, and all proceedings are closed to the\nmedia and any other parties not directly involved in the proceedings.<\/p>\n\n\n\n<p><strong>&nbsp;9.&nbsp;&nbsp; <\/strong>Normally the hearing shall be completed\nwithin 3 hours.&nbsp; In unusual circumstances\nand for good cause shown, the arbitrators may schedule an additional hearing to\nbe held within 7 days of the initial hearing.<\/p>\n\n\n\n<p><strong>10.&nbsp; <\/strong>There will be no post\nhearing briefs.<\/p>\n\n\n\n<p><strong>11.&nbsp; <\/strong>The arbitrators are to\nmake and publish their award, in writing, signed by each of them concerning the\nmatters referred, to be delivered to the parties no later that 48 hours from\nthe date of the conclusion of the hearing unless otherwise agreed by the\nparties.&nbsp; The arbitrators may, in their\ndiscretion furnish an opinion.<\/p>\n\n\n\n<p><strong>Section IV<\/strong><\/p>\n\n\n\n<p><strong>Conduct and Rule of Hearing:<\/strong><\/p>\n\n\n\n<p><strong>12.&nbsp; <\/strong>The arbitrators may, in\ntheir absolute discretion, receive and consider any evidence they deem relevant\nto the dispute, whether written or oral, without regard to any formal rules of\nevidence.<\/p>\n\n\n\n<p><strong>13.&nbsp; <\/strong>The parties and their\nrespective witnesses must, when required by the arbitrators, attend and submit\nto examination and cross-examination under oath as to all or any of the matters\nreferred to in the proceedings, and to produce and deposit with the arbitrators\nall or any evidence in their possession or under their control concerning such\nmatters.<\/p>\n\n\n\n<p><strong>14.&nbsp; <\/strong>If a party defaults in\nany respect referred to in Paragraph 12, above, the arbitrators may proceed\nwith the arbitration in their discretion as if no such evidence were in\nexistence, in so far as it may be favorable to the party in default.<\/p>\n\n\n\n<p><strong>15.&nbsp; <\/strong>All presentations shall\nbe controlled by the arbitrators.&nbsp; Any\ndisputes regarding procedure shall be decided solely by the arbitrators.<\/p>\n\n\n\n<p><strong>Section V<\/strong><\/p>\n\n\n\n<p><strong>Duties of Arbitrators:<\/strong><\/p>\n\n\n\n<p><strong>16.&nbsp; <\/strong>The arbitrators are to\nreceive all evidence prayerfully, consider such evidence in an impartial\nmanner, and render a decision which, based upon Scriptural principles, is fair\nto both parties.<\/p>\n\n\n\n<p><strong>17.&nbsp; <\/strong>The arbitrators have\nfull power to order mutual releases to be executed by the parties, and either\nof the parties failing, such orders shall have the effect of a release, and be\nduly acknowledged as such.<\/p>\n\n\n\n<p><strong>18.&nbsp; <\/strong>In the event that either\nparty or a witness for either party shall fail to attend the arbitration\nhearing, after such written notice to such party as the arbitrators shall deem\nreasonable, the arbitrators may proceed in the absence of such party or\nwitnesses without further notice.<\/p>\n\n\n\n<p><strong>Section VI<\/strong><\/p>\n\n\n\n<p><strong>Decisions of Arbitrators:<\/strong><\/p>\n\n\n\n<p><strong>19.&nbsp; It is preferred that the\narbitrators reach a unanimous decision, but if a unanimous position cannot be\nobtained, a majority decision will be accepted.&nbsp;\nThe written decision of a majority of the arbitrators shall be final and\nbinding on all parties, and judgment upon the award rendered by the arbitrators\nmay be entered in any court having&nbsp;\njurisdiction thereof.&nbsp; There is no\nappeal from the decision of the arbitrators.<\/strong><\/p>\n\n\n\n<p><strong>20.&nbsp; <\/strong>The decision of the\narbitrators is to be kept confidential by all parties for a period of one\nyear.&nbsp; For purposes of these procedures\nthe members, staff, students or parents of students under the age of 18 may be\ninformed of the decision if any of the aforementioned were a party to the\nproceeding.<\/p>\n\n\n\n<p><strong>21.&nbsp; <\/strong>Should any party\ncommence legal proceedings against any other party with respect to the agreed\nscope of the dispute or the binding decision of the arbitrators, with an\nexception of an action to enforce the decision of the arbitrators, that party\nshall pay to the other party all expenses of said proceedings, including\nreasonable attorney&#8217;s fees.&nbsp; In the event\nit becomes necessary for one party to commence legal proceedings to enforce the\ndecision of the arbitrators, the non-prevailing party must bear all of the costs\nof said proceedings, including reasonable attorney&#8217;s fees.<\/p>\n\n\n\n<p><strong>Section VII<\/strong><\/p>\n\n\n\n<p><strong>Parties to Cooperate:<\/strong><\/p>\n\n\n\n<p><strong>22.&nbsp; <\/strong>No party is to\nunreasonably delay or otherwise prevent or impede the arbitration\nproceedings.&nbsp; No party will involve the\nnews media in the dispute in any way.&nbsp; No\nparty shall publicize the dispute in any way to anyone not a party to the\nproceedings, except as permitted by the arbitrators, and except that a party\nmay disclose the proceedings of this arbitration to his or her spouse, legal\ncounsel, accountants, insurance carrier, and as otherwise required by law.<\/p>\n\n\n\n<p><strong>Section VII<\/strong><\/p>\n\n\n\n<p><strong>Costs and Expenses:<\/strong><\/p>\n\n\n\n<p><strong>23.&nbsp; <\/strong>Each party must pay his\nown costs and expenses.&nbsp; The cost of the\narbitration, such items as transportation, food, and facilities are to be\nshared equally by both parties.&nbsp; The\nparties shall also share the cost of the arbitrators fees ($10.00 per hour per\narbitrator).&nbsp; <\/p>\n\n\n\n<p><strong>Section IX<\/strong><\/p>\n\n\n\n<p><strong>Amendments:<\/strong><\/p>\n\n\n\n<p><strong>24.&nbsp; <\/strong>These Procedures for\nArbitration may be revised or amended by a majority vote of the board of\ndirectors present and voting at a regular meeting.<\/p>\n\n\n\n<p><strong>Section X<\/strong><\/p>\n\n\n\n<p><strong>Adoption:<\/strong><\/p>\n\n\n\n<p><strong>25.&nbsp; <\/strong>These Procedures for\nArbitration were adopted by a majority vote of the board of directors at which\na quorum was present.<\/p>\n\n\n\n<p><strong>26.&nbsp;\nThese Procedures for Arbitration supersede any other Procedures for\nArbitration previously adopted by the board of directors if any exist.<\/strong>\u00a0 \u00a0<\/p>\n\n\n<!-- wp:themify-builder\/canvas \/-->","protected":false},"excerpt":{"rendered":"<p>ALTERNATIVE DISPUTE RESOLUTION &nbsp;&nbsp;&nbsp; We believe that ViewPoint Christian Academy has all the resources necessary to resolve personal disputes that may arise among its officers, faculty, staff, board members, agents and students.&nbsp; ViewPoint Christian Academy has chosen an Alternative Dispute Resolution (ADR), including the use of arbitration (See our established procedures for arbitration), to resolve conflicts in lieu of going [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"class_list":["post-523","page","type-page","status-publish","hentry"],"builder_content":"","_links":{"self":[{"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/pages\/523"}],"collection":[{"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/comments?post=523"}],"version-history":[{"count":1,"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/pages\/523\/revisions"}],"predecessor-version":[{"id":524,"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/pages\/523\/revisions\/524"}],"wp:attachment":[{"href":"https:\/\/www.viewpointchristian.org\/viewpointchristianacademy\/wp-json\/wp\/v2\/media?parent=523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}