In the arbitration phase, the retired judge who serves as arbitrator is the adjudicator, correct? So who are the first two adversarial parties in arbitration? The group of reporters as a whole vs the respondent?
When it makes its report why doesn’t SS say “By a preponderance of the evidence, we have found the respondent guilty? Or, we find in favor of the reporters?
It seems clear to me that in the arbitration phase, the impartial third party adjudicator is the arbitrator and the two adversarial parties are SS and the respondent, with the reporters as witnesses. There was discussion before as to whether SS should be allowed to subpoena witnesses. Clearly it is SS itself that is one of the two adversarial parties in the arbitration phase.
You’re saying that SS takes the role of an impartial adjudicator to weigh the interests of the group of 4 or 6 reporters vs the respondent prior to the announcement of the ban, then if the respondent exercises his right to appeal, then switches from impartial adjudicator into partisan prosecutor attempting to endure its ban is not overturned?
In what judicial or extra judicial proceeding in the US, or Canada for that matter, does a single agency switch from an adjudicator role to a prosecutorial role in different phases of the proceeding?
Criminal court, civil court, Title IX proceeding, any type of proceeding is fine for an example of that switch-in role phenomenon.