Purpose: To establish principles and standards of conduct to which the following are expected to adhere to when representing or interacting with PAEA: (1) members of the PAEA Board of Directors (hereinafter referred to as “directors”); (2) appointed volunteer group members (hereinafter referred to as “leaders”); and (3) PAEA members, including representatives of Member Programs and Developing Programs, and Individual Colleague members (hereinafter referred to as “members”). Collectively, the foregoing are referred to herein as “Representatives”. The purpose of the PAEA Code of Ethics (hereinafter referred to as “the Code”) is to set forth the expectations about how Representatives are to conduct themselves responsibly, lawfully, and ethically, with honesty and integrity when interacting with or representing PAEA and also in the practice of their profession.
Notwithstanding anything in this policy to the contrary, the Ethics Committee and Executive Committee shall have the power to waive any time limit or other requirement imposed upon PAEA under this policy. The failure of any PAEA body to meet any time limit specified hereunder shall not be deemed to be an error sufficient to overturn any disciplinary decision. Any communications required by this policy may be sent by electronic mail. Throughout this policy, “days” shall refer to calendar days.
Responsibilities Under the Code
Policy: Each Representative agrees to:
- Conduct themselves toward other members, directors, leaders, PAEA staff, and the general public with fair judgment, professional courtesy, and respect for others.
- Act with integrity and in accordance with academic and professional standards when developing professional and educational materials for PAEA.
- Present credentials, knowledge, skills, and experience fairly and accurately.
- Interact with, or on behalf of, PAEA in accordance with all applicable federal, state, and local laws.
- Conduct their professional activities in accordance with all applicable federal, state, and local laws.
- Abide by the PAEA Articles of Incorporation, Bylaws, Policies and Procedures Manual, and any other PAEA published policies and guidelines.
- Refrain from using their association with PAEA for personal gain or private inurement.
- Abide by the PAEA Conflicts of Interest Policy.
- Refrain from engaging in any other conduct that is contrary to the best interests of PAEA or that would bring discredit upon PAEA.
Directors and leaders must also agree to additional standards, expectations, and accountability, including to:
- Support and promote PAEA’s interests, mission, vision, core values, and policies, including this Code.
- Exercise reasonable care, good faith, and due diligence in the performance of responsibilities.
- Preserve PAEA confidential information (i.e., information that is not publicly available and/or that is acquired due to membership or service) to be used or disclosed only as part of the authorized PAEA duties.
The following shall be considered as a non-exhaustive list of examples of conduct for which disciplinary action under this policy may be allowed.
- Prosecution or conviction of any crime that brings discredit to the organization.
- Limitation or termination of any right associated with the practice of one’s profession, including the imposition of any requirement of surveillance, supervision, or review by reason of violation of a practice act, statute, or governmental regulation, or disciplinary action by any licensing authority, institution, program, or volunteer organization.
- Unlawful financial dealings related to the practice of one’s profession,
- Unprofessional conduct, including but not limited to failure to treat Representatives and others with respect.
- A knowing violation of the PAEA Conflict of Interest Policy.
- Any act of dishonesty associated with one’s profession.
- Failure to abide by PAEA Policies and Procedures, bylaws, and any other applicable policy statements
- Any conduct that is contrary to the best interests of PAEA or that would bring discredit upon PAEA
- Any form of retaliation against anyone who files an ethics complaint in good faith.
Ethics Committee
Policy: The Ethics Committee is charged with upholding the Code, reviewing any Code of Ethics complaints and violations, and reviewing conflict of interest (COI) disclosure forms. The Ethics Committee will review COI forms provided by applicants for PAEA volunteer positions, determine whether COI exists, determine whether any conflict is manageable or unmanageable, and make recommendations on the management of COI where necessary. The final decision on the status of the COI, and required management of that COI, is made by the Board of Directors.
Submittal of Inquiry
Policy: Any person (the “Complainant”) desiring to file a complaint against any Representative regarding an alleged violation of the Code must submit the required forms and documents as listed herein. Anonymous complaints are discouraged given the difficulty in evaluating such an inquiry because of the inability to follow up with the person during and following an investigation.
Required Forms and Documents
The following forms and documents must be submitted:
- Cover letter
- Submittal Form: Ethics Committee Complaint Form, submitted to the specified PAEA channels.
- All available supporting documentation and information to support the allegation
Consideration of Inquiry
Policy: After acknowledging receipt of the complaint and ensuring that any deficiencies are addressed by the Complainant, the Ethics Committee chair, in consultation with the CEO and, as needed, legal counsel, determines whether the inquiry:
- Is frivolous/unfounded, or
- Can be readily addressed and resolved, or
- Merits Ethics Committee review
If the Ethics Committee chair and CEO determine that the complaint merits a full review, the Chair of the Ethics Committee will submit the complaint to either a panel of the Ethics Committee or to the full Ethics Committee.
If the Ethics Committee chair and CEO determine the inquiry is unfounded and there is no violation of the Code, the Ethics Committee chair states in a written communication to the Complainant that PAEA has reviewed the inquiry, and it has been determined that there is no violation of the Code.
Notwithstanding the foregoing, for the following types of misconduct, termination of membership (or termination of status as a Program Representative) and all member and Program Representative benefits is automatic, and the affected person shall be notified by the Ethics Committee of such termination as soon as possible without any right to submit matters on his/her behalf and without any right to appeal:
- Conviction of a crime (including a plea of nolo contendere) relating to or arising out of the practice of one’s profession, regardless of any pending appeal or any suspended sentence.
- Suspension or revocation of a license to practice one’s profession.
- Egregious violations of the PAEA Code shown by clear and convincing evidence.
The Ethics Committee will:
- Review the complaint.
- Except for conviction of a crime, suspension or loss of professional license, or egregious violations as described above, be responsible for contacting the Respondent with a summary of the allegations and providing such person with 15 days to file any written response.
- The Ethics Committee will not communicate with or respond to any communications from any legal counsel that the Respondent may care to consult and instead will communicate solely with the Respondent.
- Upon review of the Respondent’s response, determine if there is sufficient information supporting a violation and an appropriate sanction or whether the allegations are unfounded.
- Notify the Respondent (and, unless there is an appeal, also notify the Complainant) in writing of their decision.
Disciplinary Action
The Ethics Committee may impose any disciplinary action it deems appropriate. Unless otherwise prohibited by law, and without limiting the foregoing, sanctions may include, but are not limited to, one or more of the following:
- A public or private reprimand or censure
- A requirement to attend remedial training at the person’s expense
- Suspension for any period of time (including permanently) from participating in scholarly activities with PAEA, including presentations, scholarships, and the like
- Disqualification from serving in a leadership role or any other capacity in PAEA,
- Suspension for any period of time from membership, which includes the Member Community and serving as an Institutional Representative, as well as all associated benefits, resources, or any other applicable rights in PAEA
- Permanent denial or revocation of any current or future role in PAEA, including as a member institution or Institutional Representative
Appeals Process for Cases Determined to Violate the Code
Policy: The Respondent only has the right to file an appeal of decisions by the Ethics Committee if the sanction involves permanent denial or revocation of any current or future role in PAEA.
Procedure: If the Respondent wishes to appeal the Ethics Committee’s decision to suspend or expel the Respondent from all of their rights in PAEA, they must submit their appeal in writing within ten days of receiving notice of the sanction from the Ethics Committee. Appeals are directed to the PAEA President in care of the PAEA office for consideration by the PAEA Executive Committee. If the action is against the PAEA President, the appeal is submitted to the President-Elect. An Appeal is only allowed on the following grounds:
- A clear conflict of interest or bias by any person serving on the Ethics Committee in this particular matter
- Intimidation of any party involved in the complaint proceedings
- A material deviation from the Ethics Policies and Procedures
The Executive Committee shall review the appeal materials and communicate its final decision in writing to the Respondent and the Complainant. The Executive Committee may modify, decrease or eliminate a sanction, but may not increase a sanction or add new sanctions. The Executive Committee also may order any other actions not in violation of this Code, including reconsideration by the Ethics Committee.