AGO Discipline (Undated)

In cases of behavior deemed in violation of this Code of Ethics, charges against a member may be brought by another member. in writing, to a member of the Executive Committee of the accused member's Chapter. The Executive Committee member to whom the charge is brought shall provide copies to the Executive Committee not later than its next scheduled meeting, or within 14 days, whichever is sooner. The Dean of the Chapter shall immediately notify the Regional Councilor that charges have been filed. The Regional Councilor shall immediately inform the National Councilor for Professional Concerns that a charge has been filed. From this point onward, these officials (or persons deputized by them) shall be informed of and monitor the progress of the Discipline proceedings.

1. Chapter Executive Committee must keep written documentation of all meetings, telephone calls. decisions and recommendations. and shall recognize the confidential nature of this Discipline.

Through the following process the accused member (hereafter "Member" may be:

(a) exonerated (no fault found),

 

(b) censured (through a written reprimand).

 

(c) suspended (temporary removal of all privileges of membership, including chapter and national publications, for the remainder of the fiscal year or three months, whichever is longer), or

 

(d) expelled (removal of all privileges of membership in any and all chapters of the Guild).

 

Within 60 days of the submission of the charges. the Executive Committee shall hold a hearing. the proceedings of which shall be confidential and at which the Member shall be allowed to question the person(s) who have initiated the charges. The Executive Committee may contact third parties, as needed. to gather additional information. Within 30 days of the hearing, the Executive Committee, at a duly called meeting abiding by quorum requirements shall exonerate, censure or suspend the Member, or shall recommend expulsion to the Regional Councilor. A four-fifths majority of those present shall be required for any action other than exoneration. In a case where loss of income to another member of the Chapter has been the result of unethical behavior on the part of the Member, the Executive Committee may require reimbursement. A copy of the original complaint, a written report explaining the Executive Committee's action and any other pertinent documentation shall be deposited with the Regional Councilor and also be retained in the Chapter's permanent files.

2. In the event of censure or suspension by the Chapter Executive Committee, either the accused Member or the person(s) who filed the charges may request that the Regional Councilor (or a person deputized by the Regional Councilor) review the action of the Chapter Executive Committee and offer an opportunity for a hearing or written appeal. as the Regional Councilor deems appropriate. If the Chapter Executive Committee recommends expulsion, appeal shall be automatic. The Regional Councilor shall (a) support the action of the Chapter Executive Committee. (b) recommend a different action to the Chapter Executive Committee, or (c) recommend final dispensation by the National Council through the National Councilor for Professional Concerns.

3. In the event of a decision by the Regional Councilor to recommend a different action to the Chapter Executive Committee that committee at a duly called meeting abiding by quorum requirements, shall vote on the Regional Councilor's recommendations within 60 days. A four-fifths majority of those present shall be required to reject the recommendation. If the recommendation is accepted by the Chapter Executive Committee. the accused Member shall have the right to appeal as outlined below. If the recommendation is rejected. the final decision shall be made by the National Council through the National Councilor for Professional Concerns.

4. After the recommendation of the Regional Council [or, either the accused Member or the person(s) who filed the charges may request that the National Councilor for Professional Concerns review the recommendation and offer an opportunity for a hearing or written appeal to the National Council, as the National Council deems appropriate. If the Regional Councilor has concurred with a Chapter Executive Committee's recommendation for expulsion. appeal shall be automatic. The National Council, by majority vote at a duly called meeting abiding by quorum requirements. my support or overturn the recommendation of the Regional Councilor. In a case where loss of income to another member or a Chapter has been the result of unethical behavior on the part of the Member. the National Council may require reimbursement. The decision of the National Council is not subject to appeal by either the Member or the Chapter.

5. Depending on its ruling and the result of subsequent appeals, the Chapter Executive Committee shall take action as follows:

(a) Exoneration shall be announced in person and in a confidential letter from the Executive Committee to the Member and the person(s) who submitted the charges.

 

(b) Censure shall be announced in a confidential letter from the Executive Committee to the Member and the person(s) who submitted the charges.

 

(c) Suspension shall he announced in a confidential letter from the Executive Committee to the Member and the person(s) who submitted the charges.

 

(d) Expulsion shall he announced in a letter from the Executive Committee to the Member and the person(s) who submitted the charges. Notice of expulsion shall be made to the national membership by the National Council. The wording of any such letter or notice shall be approved in advance by the National Council.

 

REINSTATEMENT OF AN EXPELLED MEMBER:

At least two years must have elapsed from the vote of the National Council for expulsion before an expelled Member may apply for reinstatement. The Member may then make a written request for reinstatement to the Executive Committee of any chapter.

1. The Dean of the Chapter shall immediately notify the Regional Councilor, who in rum shall notify the National Councilor for Professional Concerns. The Executive Committee shall hold a hearing within 60 days of receipt of the request for reinstatement. At this hearing, a copy of the original charges and all accompanying documents shall be reviewed. In the event that the original charges were brought in a different chapter, this documentation shall be provided by the National Councilor for Professional Concerns. The expelled Member shall submit substantial reason and documentation as to how the issues raised in the original charges have been resolved. In a case where the National Council required reimbursement of another member the expelled Member shall provide evidence of such reimbursement. Witnesses may be called by the expelled Member or the Executive Committee, as the Executive Committee deems appropriate.

Within 30 days of the hearing, at a duly called meeting abiding by quorum requirements. The Executive Committee shall vote upon the request for reinstatement. A four-fifths majority of those present shall be required to recommend reinstatement to the Regional Councilor.

2. If the vote is against reinstatement. the matter is closed. If the vote Is 10 recommend reinstatement, then the Regional Councilor shall review the request and offer the expelled Member an opportunity for a hearing or written statement, as the Regional Councilor deems appropriate.

3. If the Regional Councilor does not support the Chapter Executive Committee. the matter is closed. If the Regional Councilor supports the Executive Committee. The request for reinstatement shall be considered by the National Council through the National Councilor for Professional Concerns. The National Council, by majority vote at a duly called meeting abiding by quorum requirements. may support or overturn the recommendation of the Chapter Executive Committee. If the decision is for reinstatement of membership, the reinstatement shall be announced in a letter from the Chapter Executive Committee to the Member. and to the national membership by the National Council. The wording of any such letter or notice- shall be approved in advance by the National Council.

4. An expelled Member may apply for reinstatement no more than once in any fiscal year, and then only if action on a similar request is not pending in any other chapter.