Rule 36.23 Harmless error; substantial prejudice test

If a small mistake happens during the disciplinary process, like a paperwork error or a procedural slip-up, it does not automatically cancel out or ruin the case. The action taken by the grievance commission or its members still counts, even if something wasn't done perfectly.

The only time this kind of mistake actually matters is if it caused real harm to someone involved in the case. In other words, the person affected has to show that the error actually hurt their ability to defend themselves or made the outcome unfair. Minor slip-ups that don't change the result or harm anyone's rights are considered harmless and won't undo what the commission decided.

This rule exists so that small technical errors don't get used as an excuse to throw out a legitimate disciplinary decision. It keeps the focus on fairness and real outcomes, rather than letting minor procedural issues derail the process.