Center for the Study of Ethics in the Professions at IIT

DIVISION I

Name

This document shall be known as the By-Laws of the American Polygraph Association.

DIVISION II

General Provisions

No action or proceeding commenced before these By-Laws take effect, and no right accrued, is affected by the provisions of these By-Laws, but all provisions thereafter taken herein shall conform to the provisions of these By-Laws.

DIVISION III

Code of Ethics

All Voting Members of the American Polygraph Association shall:

A - Support the purposes and objectives of the APA.

B - Maintain the highest standards of professional, moral and ethical conduct by assuming the responsibility for conduct and behavior designed to serve the cause of truth and justice.

C - Respect the dignity of all persons and be just, fair and impartial with each individual in discharging professional duties and objectives.

D - Hold themselves apart from influences intended to benefit their political, personal or financial well-being while exercising their professional responsibilities.

E - Abide by all the provisions of Division IV of these By- Laws.

DIVISION IV

Standards and Principles of Practice

To achieve unity of purpose, to assure a clear understanding of obligations and to protect the welfare of the public, each member of the AMERICAN POLYGRAPH ASSOCIATION agrees to abide by the following Standards and Principles of Practice:

1. A member shall respect the rights and dignity of all persons who are administered a polygraph examination.

2. A member shall not conduct a polygraph examination without the examinee's knowledge and consent.

3. A member shall not initiate an examination of any person unless using an instrument which records separate,permanent and simultaneous recordings of at least respiratory, cardiovascular, and electrodermal activity.This shall not preclude the simultaneous recording of additional physiological phenomenon. A member shall not knowingly conduct an examination using any instrument which at the time of the examination is not functioning properly as designed.

4. A member shall not conduct an examination of any person whom the member believes to be physically or emotionally unsuitable for testing.

5. A member shall only use those test techniques and question formats which are considered generally acceptable within the profession. This shall not preclude a member from conducting bona fide scientific research with novel techniques.

6. Members shall not render a conclusive diagnosis on physiological records of insufficient quality or clarity. This could include, but not be limited to, excessively distorted data recordings believed to be manipulated by the subject or recordings with insufficient reactivity or amplitude that is generally accepted by the profession.

7. A member shall afford each person undergoing a polygraph examination a reasonable opportunity to explain physiological reactions to relevant questions evident on the polygraph charts.

Exceptions include

1) When the examinee is represented by an attorney who requests no post examination interview be conducted and the opinion only be furnished to the attorney.

2) When the examination is being conducted by court order which stipulates no post-test interview is to be conducted.

8. A member shall not provide any report or opinion regarding the medical or psychological condition of the examinee for which the member is not professionally qualified to make. This shall not preclude an examiner from describing the appearance or behavior of the examinee.

9. A member shall not conduct an examination when there is reason to believe the examination is intended to circumvent or defy the law.

10. No member shall solicit or accept fees, gratuities, or gifts which are intended to influence his or her opinion, decision, or report. No member shall set any fee for polygraph services contingent upon the findings or results of such services; nor shall any member increase his or her initially agreed-upon fee as a direct result of his or her opinion or decision subsequent to a polygraph examination.

11. A member shall not knowingly submit or permit their employees to submit a misleading or false polygraph examination report. Each polygraph report shall be a factual, impartial, and objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based on analysis of the collected polygraph data.

12. No member shall make, publish, or cause to be published, any false or misleading statements or advertisements relating to this Association or the polygraph profession. No member shall make any false representation, of whatever nature, as to his or her membership status.

13. Any person who has been convicted of a felony or any crime of moral turpitude shall be ineligible for membership in the AMERICAN POLYGRAPH ASSOCIATION.

14. A member shall abide by decisions and recommendations adopted by the AMERICAN POLYGRAPH ASSOCIATION.

15. To protect the privacy of each examinee, no member shall release information obtained during a polygraph examination to any unauthorized person. This shall not preclude the release of poly graph data for the purpose of quality control review.

16. No member shall disclose to any person, except their supervising officer or person requesting the test, irrelevant information gained during the course of a polygraph examination which has no connection with the relevant issue and which may embarrass or tend to embarrass the examinee, except where disclosure is required by law.

17. A member shall not include in any polygraph examination questions intended to inquire into or develop information on activities, affiliation or beliefs on religion, politics or race except where there is relevancy to a specific investigation, or the investigation involves terrorism or subversion or is demonstrably related to a job performance qualification.

18. A member shall adhere to the procedures, requests, and directives of the AMERICAN POLYGRAPH ASSOCIATION. This implied consent binds the member to abide by the final decision and judgment of the Board of Directors, or other appropriate bodies, as may be constitutionally established in all matters when appeals have been
exhausted.

19. A member or applicant for membership in the AMERICAN POLYGRAPH ASSOCIATION who is the subject of any investigation by the Association that has established reasonable belief that any one or more of the AMERICAN POLYGRAPH ASSOCIATION's Code of Ethics, Principles of Practice, Constitution, or By-Laws has been violated will afford that individual a polygraph examination in exculpation. The investigating body of the AMERICAN POLYGRAPH ASSOCIATION may offer and administer the member or applicant a polygraph examination. Reasonable belief shall be established by a majority vote of the Grievance Committee. The polygraph examination shall be arranged and conducted under guidelines established by that committee and approved by the Board of Directors.

20. Members shall acknowledge that these Standards and Principles of Practice establish minimal guidelines for the performance of professional activities. Therefore, conduct and practices that are not specifically stated herein, but are detrimental to or discrediting of the AMERICAN POLYGRAPH ASSOCIATION or its members shall not be condoned.

21. A member who administers or attempts to administer any polygraph examination in violation of these Standards and Principles of Practice or who violates any section of this Division shall be subject to investigation, censure, suspension, or expulsion from this Association.