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Disciplinary
Action Procedural Document Part 1
Disciplinary
Action Procedural Document Part 2
APPENDIX
Complainant’s Responsibilities and
Rights
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1.
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Make written complaint to Chapter President (or Ethics and Judicial
Committee) that a member has violated the ethical principles or
standards of the Association. (Section 1(a)
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2.
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Receive acknowledgment of receipt of complaint. (Sections 1(a)
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3.
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Have the opportunity to submit to investigator a statement of
position or other evidence with respect to the allegations. (Section
3(b)
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4.
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May act as witness if hearing takes place. (Section 3(g)
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5.
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Receive notice of final action of the Ethics and Judicial Committee
or the Board of Directors. (Section 6(a) or 6(g))
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Chapter President’s
Responsibilities
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1.
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Obtain legal consultation from Association headquarters, as
appropriate. (Introduction)
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2.
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Receive written complaint. (Section 1(a))
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3.
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Immediately forward copy of complaint to Ethics and Judicial
Committee. (Section 1(a)(1))
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4.
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Obtain a case number from APTA
staff (Section 1(a)(1))
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5.
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Send complainant acknowledgment
of receipt of complaint. (Section 1(a)(1))
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6.
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Decide whether to initiate an APTA ethics proceeding, in consultation
with Chair of Chapter Ethics Committee (CEC). (Section 1(b))
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7.
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Notify the Ethics and Judicial Committee if the President declines to
issue a notice of charges based on complaint (Section 1(b)(1), Section
1(b)(2)(A))
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8.
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Notify complainant of decision not to initiate an ethics proceeding.
(Section 1(b)(1))
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9.
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Forward to Ethics and Judicial Committee copy of any reliable
information that might be the basis for an ethics proceeding (Section
1(c)(1))
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11.
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Determine whether to initiate a proceeding based on reliable
information indicating an ethical violation. (Section 1(c)(2))
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12.
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Notify the Ethics and Judicial Committee if the President declines to
issue a notice of charges based on reliable information (Section
1(c)(2)(a), Section 1(c)(2)(B)(i))
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13.
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Prepare notice of charges describing conduct at issue, citing ethical
Principle(s)/Standard(s), and referring case to CEC. (Section
1(b)(2)(C))
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14.
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Send respondent notice of charges, with copy of complaint (if any),
copy to CEC and Ethics and Judicial Committee. (Section 1(b)(2)(C))
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15.
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Receive notice of final action of the Ethics and Judicial Committee
or the Board of Directors. (Section 6(a) or 6(g))
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Chapter Ethics Committee’s
Responsibilities
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1.
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Obtain legal consultation from Association headquarters, when
appropriate. (Introduction)
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2.
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Accept referral of case from Chapter President. (Section 1(b)(2)(C)
or 1(c))
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3.
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Appoint investigator. (Section 3(a))
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4.
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Receive the investigative file and make record of date of receipt.
(Section 3(c))
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5.
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Determine whether investigative file has evidence tending to
substantiate the charges in the President’s notice. (Section
3(e))
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6.
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Notify respondent, Ethics and Judicial Committee, Chapter President,
and complainant (if any) of summary dismissal of charges. (Section
3(e))
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7.
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Notify respondent of rights to obtain copy of investigative file and
(if respondent is still a member) to have a hearing before the CEC.
(Section 3(f))
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8.
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Provide respondent copy of investigative file, if requested. (Section
3(f))
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9.
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Notify respondent of date, time, and place of hearing (if any).
(Section 3(f)(1))
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10.
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Conduct hearing (if demanded by respondent or chosen by CEC).
(Section 3(g))
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11.
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If respondent ceases to be a member complete collection of available
information to facilitate later reopening, and forward record to Ethics
and Judicial Committee. (Section 3(i))
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12.
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Report status of case to Ethics and Judicial Committee. (Section
3(k))
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13.
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Issue a decision dismissing the charges or recommending disciplinary
action. (Section 4(a))
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14.
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Mail to respondent CEC’s decision, including notice of right to
request a hearing before Ethics and Judicial Committee and to make
written submission, with copy to Ethics and Judicial Committee. (Section
4(b))
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15.
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Mail entire original record to Ethics and Judicial Committee.
(Section 4(c))
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16.
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Retain duplicate copy of entire record until and unless directed by
APTA staff in writing to destroy such copy. (Section 4(c))
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17.
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Receive notice of Ethics and Judicial Committee’s action with
respect to CEC’s recommendation of disciplinary action. (Section
5(c))
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18.
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Receive notice of final action of the Ethics and Judicial Committee
or the Board of Directors. (Section 6(a) or 6(g))
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19.
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Monitor probation and report noncompliance to Ethics and Judicial
Committee. (Sections 7(a))
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Ethics and Judicial Committee’s
Responsibilities
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1.
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Receive copy of complaint filed with Chapter President. (Section
1(a)(1))
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2.
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Serve as alternative recipient of complaint -- for responsibilities,
see Chapter President’s responsibilities. (Section 1(a)(2))
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3.
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Assign case number to proceeding. (Section 1(a)(1) and 1(c))
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4.
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Receive copy of Chapter President’s decision not to initiate an
ethics proceeding. (Section 1(b)(1), 1(b)(2)(A))
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5.
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Receive copy of notice of charges prepared by Chapter President.
(Section 1(b)(2)(C) or 1(c)(2)(b)(ii))
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6.
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Forward to Chapter President reliable information indicating an
ethical violation. (Section 1(c))
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7.
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Receive from Chapter President or CEC complaint (or other
documentation) indicating commission of serious crime or revocation of
licensure. (Section 2(c))
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8.
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Prepare and send notice of suspension and charges in case of serious
crime or revocation of licensure. (Section 2(d) and 2(e))
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9.
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Dismiss charges based on serious crime or revocation of licensure or
impose disciplinary action or impose disciplinary action. (Section
2(f)(3))
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10.
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Receive copy of CEC notice of summary dismissal. (Section 3(e))
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11.
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Receive copy of CEC notice of respondent’s right to hearing and
to obtain copy of investigative file. (Section 3(f))
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12.
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Receive copy of CEC decision to dismiss or to recommend disciplinary
action. (Section 4(b))
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13.
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Receive entire original record together with CEC’s dismissal of
charges or recommendation for disciplinary action (if any). (Section
3(i) and 4(c))
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14.
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Receive from respondent request
for hearing or written submission. (Section 5(a))
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15.
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Notify respondent notice of date, time, and place of hearing.
(Section 5(b))
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16.
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Make decision on CEC’s recommendation and notify respondent and
CEC. (Section 5(c))
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17.
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Retain record of the proceeding for time required. (Section 5(c))
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18.
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Publish fact of suspension or expulsion in PT
Magazine and Physical Therapy after decision
becomes final. (Section 5(d))
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19.
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Alert staff as to respondent whose membership lapsed and maintain
record of case for reactivation. (Section 5(e))
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20.
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Forward copies of unappealed decision to Chapter President, CEC,
complainant, and Board of Directors. (Section 6(a) and 6(f)(1))
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21.
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Receive copy of notice of appeal and forward record to Board of
Directors. (Section 6(b) and 6(f)(2))
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22.
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Make decision on remand in accordance with directions from Board of
Directors and Procedural Document. (Section 6(e))
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23.
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Receive CEC notice of noncompliance with conditions of probation;
send notice of review to respondent; review case; notify respondent and
CEC of decision. (Section 7(a)(1) and 7 (a)(2))
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24.
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Receive respondent’s request for termination of suspension;
determine compliance with “Good Standing” conditions of
Bylaws; give respondent opportunity to respond to proposal to make
negative compliance determination. (Section 7(b)(1))
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25.
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Terminate suspension and notify respondent, CEC, and staff if
compliance determination is affirmative. (Section 7(b)(2))
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26.
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Decide whether to terminate or extend suspension if compliance
determination is negative; notify respondent. (Section 7(b)(3))
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Respondent’s Responsibilities and
Rights
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1.
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Right to receive from Chapter President notice of charges describing
conduct at issue and citing ethical Principle(s)/Standard(s) allegedly
violated. (Section 1(b)(2)(C) or 1(c))
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2.
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Receive notice of suspension and charges from Ethics and Judicial
Committee in case involving commission of serious crime or revocation of
licensure. (Section 2(d))
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3.
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Right to have hearing before or make written submission to Ethics and
Judicial Committee concerning serious crime or revocation of licensure.
(Section 2(e))
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4.
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Receive notice of Ethics and Judicial Committee’s decision
concerning serious crime or revocation of licensure. (Section
2(f)(3))
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5.
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Right to submit statement of position or other evidence with respect
to charges against respondent. (Section 3(b))
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6.
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Right to be advised by investigator of adverse evidence and to
respond. (Section 3(b))
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7.
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Right to confidentiality as provided in Procedural Document. (Section
3(d))
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8.
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Receive notice of CEC’s summary dismissal of charges. (Section
3(e))
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9.
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Receive notice of right to obtain copy of investigative file and (if
still an APTA member) to have a hearing before CEC. (Section
3(f))
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10.
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Receive CEC’s notice of date, time, and place of hearing.
(Section 3(f)(1) or 3(f)(2))
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11.
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Attend the CEC hearing; right to examine and cross-examine witnesses,
produce documents, consult with counsel. (Section 3(g))
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12.
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Receive notice of recommended disciplinary action or dismissal of
complaint. (Section 4(b))
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13.
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Request hearing before Ethics and Judicial Committee or make written
submission to Ethics and Judicial Committee. (Section 5(a))
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14.
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Receive Ethics and Judicial Committee’s notice of date, time,
and place of hearing. (Section 5(b))
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15.
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Attend the Ethics and Judicial Committee hearing. (Section 5(b))
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16.
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Receive notice of the Ethics and Judicial Committee’s decision
and explanation of appeals procedure. (Section 5(c))
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17.
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Appeal Ethics and Judicial Committee’s decision to Board of
Directors. (Section 6(a))
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18.
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Receive Board’s notice of date, time, and place of hearing;
appear and present testimony or make written submission. (Section
6(c))
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19.
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Receive notice of Board of Directors’ decision on appeal.
(Section 6(g))
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20.
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Receive notice of Ethics and Judicial Committee’s decision on
remand (if any) with explanation of appeals procedure. (Section 6(e))
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21.
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Receive copy of CEC notice of noncompliance with conditions of
probation. (Section 7(a))
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22.
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Receive notice of Ethics and Judicial Committee’s review as to
noncompliance with probation and right to appear and/or make written
submission. (Section 7(a)(1))
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23.
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Receive Ethics and Judicial Committee’s decision as to
noncompliance with probation; right to appeal to Board of Directors if
result is stricter disciplinary action. (Section 7(a)(2))
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24.
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Submit request for termination of suspension to Ethics and Judicial
Committee. (Section 7(b))
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25.
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Receive notice of proposed determination of noncompliance with
“Good Standing” conditions if based on evidence extrinsic to
request for termination. (Section 7(b)(1))
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26.
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Receive Ethics and Judicial Committee decision to terminate or extend
suspension. (Section 7(b)(3))
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Investigator’s
Responsibilities
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1.
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Conduct objective unbiased investigation.
(Section 3(b))
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2.
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Give respondent and complainant opportunity to
submit a
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3.
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Give respondent opportunity to respond to
adverse evidence developed. (Section 3(b))
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4.
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Transmit investigative file, with no
recommendation, to CEC. (Section 3(c))
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5.
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Be available if hearing takes place to clarify
the contents of investigative file. (Section 3(c))
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Board of Directors’
Responsibilities
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1.
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If no appeal is taken, receive copy of final
decision of Ethics and Judicial Committee. (Section 6(a))
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2.
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Receive notice of appeal from respondent.
(Section 6(b))
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3.
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If appeal is taken, receive record of
proceedings of Ethics and Judicial Committee. (Section 6(b))
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4.
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Notify respondent of date, time, and place of
consideration of appeal. (Section 6(c))
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5.
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Hear and make decision on appeal. (Section
6(d))
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6.
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Notify the respondent of its decision. (Section
6(g))
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7.
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Forward a copy of a final decision to the
Ethics and Judicial Committee, the Chapter President, the CEC and the
complainant (if any). (Section 6(g))
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(Program 17 – Judicial/Legal Issues, ext
3253)
Disciplinary
Action Procedural Document Part 1
Disciplinary
Action Procedural Document Part 2
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