Constitution and Bylaws
Bylaws GO TO CONSTITUTION
Article XI. GRIEVANCE PROCEEDINGS
Section 1. Adoption and Publication of Implementing Procedures
The Executive Committee shall, in accordance with and subject to the provisions of these Bylaws, adopt procedures governing the investigation, hearing, and disposition of charges of misconduct in violation of Article IV of the Constitution, in accordance with the provisions of this Article XI, and shall publish such procedures in the Bulletin or by other suitable means.
Section 2. Investigation Procedure
Charges of misconduct in violation of Article IV of the Constitution shall first be submitted in writing to the Executive Director at Association headquarters with a statement of the evidence on which the charges are based. The Executive Director shall submit the charges to the Ethics Committee of the Association which shall be a standing committee and which shall consist of five (5) members of the technical division of the Association charged with conducting the program or programs of certification of members in professional categories and who shall be appointed by the Executive Committee of the Association for staggered three (3) year terms as members of the Ethics Committee. The provisions of Article VIII of these Bylaws shall not apply to the Ethics Committee. The Ethics Committee shall be charged with the investigation and prosecution of such charges, and may conduct such investigation as the Ethics Committee deems necessary to reasonably and thoroughly investigate the charges. If in the judgment of the Ethics Committee and after consultation with AAPG legal counsel, the evidence supports further action bv the Association on the charges, the committee shall prepare and file with the Advisory Council at Association headquarters formal charges against the accused member. Upon such filing the Chair of the Advisory Council shall appoint a Hearing Body from the Advisory Council members, in accordance with Section 3 of this Article XI, and the Ethics Committee shall appoint one of its members as the prosecutor. Notwithstanding anything to the contrary contained in these Bylaws and except for proceedings pursuant to the provisions of Section 8 of this Article, disposition of the charges on any terms or conditions agreed to by all of the Ethics Committee, the Chair of the Advisory Council, and the accused member, and approved by the Executive Committee of the Association (regardless of whether such terms or conditions are listed in phrases (a), (b), (c), or (d) of Section 4 of this Article XI) may be made at any time prior to the conclusion of the proceedings provided for in this Article XI and upon such disposition all proceedings under this Article XI concerning the charges of misconduct against the accused member shall cease. The existence of allegations against any member, and the basis and content thereof, is confidential.
Section 3. Hearing Procedure
The Hearing Body shall consist of five (5) members of the Advisory Council, including at least one (1) past president of the Association, all of whom shall be appointed by the Chair of the Advisory Council. Each of the prosecutor and the accused member may challenge and have removed not more than two (2) members of the Hearing Body and such removed members shall be replaced with other members of the Advisory Council selected by the Chair of the Advisory Council. The Hearing Body shall set the time, date, and place for a hearing on the charges and the accused member shall be given notice in writing of the time, date, and place of the hearing, mailed to the member by registered mail to the member's last-known mailing address not less than thirty (30) days prior to such date, accompanied by a copy of the formal charges and a copy of this Article. The accused member may appear with legal counsel before the Hearing Body, hear any witnesses called in support of the charges and, at the member's option, cross-examine the same, present witnesses in the member's behalf, and submit oral or written statements in the member's behalf. The prosecutor may likewise be represented by legal counsel, present witnesses, and cross-examine the accused member's witnesses. The Hearing Body may consult at any time with legal counsel of its choosing at all stages of the proceedings in which it is involved. At the accused member's option, the accused member may, by registered letter addressed to the Chair of the Advisory Council at Association headquarters, postmarked not less than ten (10) days prior to the date of the hearing, waive personal appearance and request the Hearing Body to adjudge the matter on the basis of a written statement of the member's defense accompanying such letter.
Section 4. Decision of Hearing Body
After the conclusion of the hearing or study of the written defense submitted in lieu thereof, the Hearing Body shall consider and vote to sustain or dismiss the charges. If, by not less than a four-fifths (4/5) vote of all of the members of the Hearing Body, the Hearing Body shall declare sustained the charges against the accused member, then the Hearing Body may impose the following discipline:
- issue a private or public admonition of the member; or
- suspend the member for a stated period of time; or
- allow the member to resign; or
- expel the member.
Failure of the accused member to appear, or to submit a waiver letter and a written defense, as provided in this section , shall not prevent the Hearing Body from rendering final judgement. Notice of the decision of the Hearing Body shall be sent by registered mail to the accused member at the member's last-known post office mailing address.
Section 5. Appeals Procedure
Action taken by the Hearing Body may be appealed to the Executive Committee of the Association by either the accused member or the Ethics Committee within thirty (30) days of the date notice of the decision of the Hearing Body is sent to the accused member. The Executive Committee shall have final authority whether to sustain or order a rehearing on the decision of the Hearing Body.
Section 6. Resignation
Resignation by the accused member from the Association, at any stage in the foregoing prescribed proceedings, shall automatically terminate the proceedings. Following resignation, the accused person so resigning shall not be eligible for reinstatement to membership unless by unanimous vote of all members of the Executive Committee of the Association.
Section 7. Expulsion
Persons expelled from the Association under these proceedings shall thenceforth be ineligible for reinstatement to membership unless by unanimous vote of all members of the Executive Committee of the Association.
Section 8. Alternative Procedure
Any member (a) who pleads guilty to a misdemeanor involving moral turpitude or to any felony, (b) who admits to the violation of any governmental statute, regulation, rule, or code of ethics relating to the practice of geology, or (c) who the Executive Committee determines falsely stated qualifications for membership in an application for Association membership may be expelled from membership in the Association upon a majority vote of all members of the Executive Committee of the Association.
Any member who does not plead guilty to but is convicted of a misdemeanor involving moral turpitude or of any felony or who is found by a governmental body to have violated any governmental statute, regulation, rule, or code of ethics relating to the practice of geology may be suspended from membership in the Association upon a majority vote of all members of the Executive Committee of the Association. If such a conviction or finding is reversed on appeal, the member shall be reinstated to membership. If such a conviction or finding is not appealed or is upheld on final appeal, the member may be expelled from membership in the Association upon a majority vote of all members of the Executive Committee of the Association. If such a conviction or finding is the subject of an executive pardon, the member shall be reinstated to membership upon a majority vote of all members of the Executive Committee of the Association.
In the event that (a) expulsion of a member so pleading guilty or so admitting violation is proposed, (b) expulsion of a member for so falsely stating qualifications is proposed, or (c) suspension or expulsion of a member so convicted or so found is proposed, a date shall be set for a hearing thereon and for consideration by the Executive Committee of such proposed suspension or expulsion. The member shall be given notice in writing of the date and place for the hearing, mailed to the member by registered mail to the member's last-known mailing address not less than thirty (30) days before said date, accompanied by, as applicable, a copy of a court document or other official document indicating such plea of guilty or admission of violation, a copy of the judgment or other document indicating such conviction or finding and a copy of any applicable order of an appellate court or other appellate body, or a statement explaining such charge of falsely stating qualifications for membership, and a copy of this section. At the hearing the member may appear before the Executive Committee with legal counsel, may submit oral or written statements to the Executive Committee, may present written evidence to the Executive Committee, and may present witnesses to testify on the member's behalf before the Executive Committee. The Executive Committee shall have the right to cross-examine the member and any witnesses presented by the member on the member's behalf. At the member's option, the member may, by registered letter addressed to the President of the Association at Association headquarters, postmarked not less than ten (10) days prior to the date of the hearing, request the Executive Committee to consider the matter on the basis of a written statement by the member accompanying such a letter without the personal appearance of the member before the Executive Committee. The Executive Committee, if such oral or written statements, written evidence, or testimony of witnesses are presented, shall consider said statements, evidence, and testimony prior to voting on the suspension or expulsion of the member.
A member expelled from the Association under the procedure stated above shall be ineligible for reinstatement to membership unless reinstated by a unanimous vote of all members of the Executive Committee of the Association.
Section 9. Authority
Subject to the provisions of these Bylaws, the Executive Committee shall have primary authority over matters of professional conduct and discipline. No member, committee, Division, Section, or Region of the Association shall initiate or conduct any investigation or hearing or impose any sanction concerning the professional conduct of an Association member or applicant for Association membership, except as expressly permitted by these Bylaws. Procedures adopted by the Executive Committee as authorized by Section 1 of this Article XI shall be in accordance with, and subject to, the provisions of these Bylaws.
Section 10. Definition
The term "member" as used in this Article XI shall refer to a member of the Association of any classification.
Section 11. Publication of Grievance Matters
The Executive Director of the Association shall cause to be published annually in the Bulletin or by other suitable means a summary of all grievance proceedings initiated, pending, or considered each year. The summary shall include, but not be limited to, the general type of complaint, the level of grievance procedure attained, and status or disposition of the case. Names of parties shall not be published, except that the name of any member expelled from the Association shall be published in said summary.