Statutes and Laws

Identity and Existence, that the organization will be a corporate entity with its own identity and existence, distinct from its members or executive officers.

This entity will exist in its own right, separate from its members, will be capable of owning properties and other assets, and will have the capacity to sue and be sued in its own name.

The Constitution of the European Polygraph Association (EPA) establishes that the organization will continue to exist despite changes in its membership or in executive positions.

It may be dissolved if at least two-thirds of the members present and voting at a meeting convened for that purpose are in favor of closure. Upon dissolution, it must settle all its debts and the remainder of its assets and funds shall not be distributed among members but shall be donated to another non-profit organization with similar objectives.

Furthermore, it cannot distribute its assets or funds among its members or officers, except as reasonable payment for services rendered. All financial transactions of the organization shall be conducted through a bank account maintained by the organization’s Treasurer, in accordance with this Constitution and its statutes.

The Constitution of the European Polygraph Association establishes as its objective to provide humanity with a valid and reliable means to verify the truthfulness of statements. This includes serving the cause of truth with integrity, objectivity, and fairness; fostering research, training, and education; establishing and enforcing standards for admission and retention of membership; and regulating the conduct of members through a Code of Ethics and a set of Practice Standards.

A. This document shall be known as the Constitution of Europolygraph, which includes the subsidiary laws of the European Polygraph Association.

B. No action or proceeding commenced before the coming into force of this Constitution, nor any accrued right, shall be affected by the provisions of this Constitution, but all provisions taken subsequently shall conform to those of this Constitution.

C. Unless the context requires otherwise, the General Provisions set out below shall govern the construction of this Constitution and the Statutes established by the Board of Directors.

D. Writing shall include any form of recorded message comprehensible by ordinary visual means. Whenever any notice, report, statement, or record is required by this Constitution or the Statutes of this Association, it shall be made in writing in English or Spanish. The dispatch (including email) of any notice, report, or record shall be sufficient to meet any requirement of this Constitution or extract as established by the Board policy in accordance with Articles VII and IX of this constitution.

E. Whenever reference is made to any part of this Constitution, such reference shall apply to all amendments and additions made now or in the future.

F. The present tense includes the past and future tenses, and the future, the present. The singular includes the plural and the plural the singular. The masculine gender includes the feminine and neutral.

G. “Shall” is mandatory and “may” is permissive.

H. “Accredited School” shall mean any forensic psychophysiology/polygraph school accredited by any Polygraph Association recognized and accepted by Europolygraph such as the European Polygraph Academy.

I. EPA stands for the European Polygraph Association.

J. “Association” refers to the European Polygraph Association or any successor thereof, an entity distinct from its individual and group members. “Association” is “organization” within this constitution.

K. “Board” means the Board of Directors of the Association.

L. “Statutes” refers to any set of rules or other writings established by the Board of Directors for the administration of the affairs of the Association. The Board of Directors shall establish and maintain the Statutes, which shall include, but not be limited to, a Code of Ethics and a set of Practice Standards.

M. “Director” refers to any natural person elected or appointed to hold an office under the provisions of this Constitution.

N. “Election Year” means the period between the meetings of the General Membership held for the purpose of electing Directors and Officers of this Association.

O. “Meeting” means any meeting of the General Membership of this Association, any meeting of the Board of Directors of this Association, or any meeting of any committee authorized by this Constitution or convened by the President or the Board of Directors. Meetings, other than the annual meeting of the General Membership, may be in-person, by teleconference, or by other means of communication.

P. “Member” means any natural person, society, or division as defined and/or limited by the Constitution or Statutes of this Association.

Q. “Officer” refers to any natural person elected or appointed to one of the following positions: President, Vice Presidents (Private, Government, and Law Enforcement), Secretary, and Treasurer.

R. “Person” means a human being, as opposed to a society or division.

S. “Polygraph” may mean “forensic psychophysiology” when used in deception detection.

T. EPA herein means the European Polygraph Association, an organization distinct from its individual and group members.

U. “Voting Member” means any member of the Association as defined or limited by the Statutes.

V. “Year” refers to the calendar year beginning on January 1 at 00:00 hours and ending on December 31 at 24:00 hours of any given year. The affairs of this Association are operated on a calendar year basis. A fiscal year may be used for financial accounting.

W. In the event that this Constitution, or any part of it, or any addition or amendment made subsequently, or the application thereof to any person or circumstance, comes into conflict with any law, such conflict shall be resolved in favor of the law; provided, however, that if the provisions of the law are less than the requirements of this Constitution, such conflict shall be resolved in favor of this Constitution, provided that this Constitution does not violate the law.

Membership in the European Polygraph Association is a privilege. Seven classes of membership are established:

Full Member

Internal Member

Member, Technology and Professional Member

Honorary Member

Retired Member

Divisional Membership.

Changes or additions to the classes of membership, as well as the qualifications, rights, and privileges of each class, must be recommended by a two-thirds majority of the Board of Directors and approved by the majority of the voting members at a meeting of the General Membership. Nothing in this article shall be construed as a limitation on the ability of the General Membership to act in accordance with Article XI (c).

A. Membership in the Association may be denied, suspended, or terminated by the Board of Directors for actions contrary to the Code of Ethics and/or Practice Standards, for conduct that discredits or may discredit the Association or the polygraph profession, or for non-fulfilment of a member’s financial obligations to the Association when these are due and payable.

Only Voting Members, as authorized by the Statutes, may hold positions of Director or Officer, except in the case of the Secretary and Treasurer. There are four directors in total, who perform functions and obligations defined in the Statutes and are elected for two-year terms. In addition, there are six officers in the Association, whose functions and obligations are also defined in the Statutes.

President: The President shall be elected for a term of one (1) election year and may be re-elected for consecutive terms.

Vice President, Private: This Vice President shall be elected for a term of one (1) election year and may be re-elected for consecutive terms.

Vice President, Government: This Vice President shall be elected for a term of one (1) election year and may be re-elected for consecutive terms.

Vice President, Law Enforcement: This Vice President shall be elected for a term of one (1) election year and may be re-elected for consecutive terms.

Secretary: The Secretary shall be elected for a term of two (2) election years and may be re-elected for consecutive terms.

Treasurer: The Treasurer shall be elected for a term of two (2) election years and may be re-elected for consecutive terms.

The elections for Secretary and Treasurer shall be held in different election years.

A. Officeholders, including officers, the Board of Directors, and all position holders, have no rights over the property or other assets of the organization simply by being position holders. Position holders in this organization have no rights to the things that belong to the organization.

The Board of Directors (BOD) is composed of:

Director/s

President

Vice President/s

Secretary

Treasurer

Immediate Past President (Chair of the Board)

There may also be Ex-Officio members on the Board, nominated by the President and confirmed by a two-thirds majority of the Board. These members may attend all meetings and include, among others:

General Counsel

Chief Editor

National Office Manager

The chair of the board, or the president (when there is no chair of the board), will convene and preside over all board meetings in accordance with the terms and conditions of the Statutes. The Immediate Past President shall exercise their vote only in the event of a tie in the Board of Directors’ voting.

A. The Board of Directors shall meet within forty-eight (48) hours prior to each meeting of the General Membership of the Association and at other times and places as necessary. A special meeting may be called at any time by the Chair of the Board of Directors, or by the President when there is no Chair of the Board, or upon the request of the majority of the members of the Board. The Board shall not take votes in the absence of a quorum

B. The Board of Directors is responsible for the administration of the affairs of the Association and is authorized to take any action necessary to protect the best interests of the Association. The Board of Directors is responsible for ensuring that organizational assets are used to promote the objectives of the organization as per Article II of this Constitution and that they are not distributable to members except as reasonable compensation for services rendered.

C. The Board of Directors is responsible for ensuring the continuity of the Association despite changes in membership and for overseeing the distribution of the Association’s assets in the event of dissolution. Should the Association dissolve, all assets, after the resolution of outstanding debts, shall be transferred to another non-profit organization with similar objectives.

A. The General Membership of the Association shall meet once a year to elect Directors and Officers and to address any matter presented. The General Membership may also decide to meet at another time for any other reason. The Board of Directors will determine the date, time, and place of the annual meeting of the General Membership.

B. The Voting Members present at any meeting of the General Membership constitute a quorum for addressing any matter presented through a proper motion. A simple majority is required to pass a motion unless the motion specifies otherwise. Voting, except for elective offices, is done by voice, unless the motion requires a secret written vote, in which case it shall proceed in this manner.

C. The election of Officers and Directors shall be by secret ballot; however, the election of an unopposed candidate may be by voice vote. If there are two candidates for an office, the one who receives the most votes will be elected. With three or more candidates, if a majority is not achieved in the first round of voting, the two with the most votes will go to a second round. Officers and Directors shall assume office immediately after taking the oath at the meeting where they were elected.

D. In the event of the death, resignation, or inability to act of any Officer or Director, the Board of Directors shall immediately appoint any Voting Member to complete the unexpired term of the deceased, resigned, or incapacitated Officer or Director. The Immediate Past President will occupy the position of President if the latter is unable to fulfill their duties. If this is not possible, the Board will elect one of the current Vice Presidents as President and will elect another member to fill the Vice President position. Members of the Board of Directors may be removed, for just cause, by a majority vote of the General Membership.

E. Any member has the right to speak at any meeting of the General Membership. Only Voting Members, as defined in the Statutes, shall have the right to vote on motions, elections, or any other matter presented before the general membership.

F. The dues and their amount may be established by a majority vote of the Board of Directors. Dues will be imposed on all members as set forth in the statutes; however, no dues will be charged to Honorary or Retired Members, and the amount of the dues for Divisional Members will be determined by the Board of Directors. The Board of Directors may unanimously exempt a member from dues if it is in the best interest of the European Polygraph Association.

G. For the sole purpose of offering recruitment incentives, when deemed appropriate, the Board of Directors shall have the authority to waive, suspend, adjust, or modify existing dues and/or membership fees for specific groups of applicants or potential applicants, when such action is considered in the best interest of the Association.

H. Special Assessments and their amount may be established and imposed by the Board of Directors; however, no special assessment may exceed the amount of the dues imposed in the year in which the assessment is established. All members, except Honorary Members, may be subject to any assessment.

A. As necessary, the President shall establish the following standing committees and appoint a chairperson for each committee from among the members of the Board of Directors:
Ethics and Grievances Committee
Legislative Committee
Membership Committee
Public Relations and Information Committee
Educational Accreditation and Quality Control Committee
Research and Development Committee”

B. The Chairperson of each Committee will nominate the President for the appointment of eligible association members to serve on each committee.

C. The Committee Chairpersons report to the President and oversee the operation of the various committees.

D. The Committee Chairperson is responsible for presenting the status of the committee’s actions to the President and the Board of Directors.

E. The President may establish ad hoc committees for the purpose of administering the objectives and goals of the Association, and may appoint any Voting Member to act as Chairperson of such committee. Ad hoc committees shall be dissolved upon completing their stated purpose, by dissolution by the President, or upon the expiration of the term of the President who appointed them.
F. Policies and Procedures established by the Board of Directors in the administration of the Association shall be documented as a historical record by the Secretary and kept at the National Office.

A. The Statutes within this Constitution shall be established and maintained by the Board of Directors for the purpose of promoting the mission of the Association and administering its objectives and goals.

B. Unless otherwise specified, the Statutes may be amended by a two-thirds (2/3) majority vote of the voting members of the Board; provided that no amendment or other revision shall be voted upon unless a copy of the proposed amendment or revision has been mailed or otherwise provided to all members of the Board at least thirty (30) days prior to the meeting at which the amendment is to be voted upon, unless all the voting members of the Board agree to a shorter advance notification period.

A. In all cases not covered by this Constitution, the parliamentary authority for the Association shall be Robert’s Rules of Order, as amended.

B. All meetings of the General Membership shall be conducted in accordance with Robert’s Rules of Order, as amended.

C. All meetings of the Board of Directors shall be conducted in accordance with Robert’s Rules of Order, as amended.

A. This Constitution may be amended by a two-thirds (2/3) majority of all Voting Members, as follows:
Present and voting at any meeting of the General Membership, or by absentee vote by mail.

B. No amendment or replacement shall be voted upon unless a copy of the proposed amendment or revision has been mailed or otherwise made available to all Voting Members at least thirty (30) days prior to the meeting at which the amendment is to be voted upon or the deadline set in the mail ballot.

C. Amendments may be proposed by any member to the Board of Directors and must be presented to the General Membership either by order of the Board of Directors or by a petition signed by five (5) members in good standing of the Association.

D. Amendments shall take effect immediately upon their approval unless otherwise specified in the amendment.

This Constitution shall come into effect and replace, subject to the provisions of Article III of this Constitution, any other Constitution that is in effect, immediately following its approval.

The effective date of this Constitution is: Updated on December 1, 2023.

José A. Fernández de Landa is the current President of the European Polygraph Association representing the membership of the association.

1.1 This document shall be known as the Bylaws, part of the Constitution of the European Polygraph Association (EPA) / Europolygraph.

2.1 No action or proceeding commenced before the coming into force of these Bylaws, and no accrued right, shall be affected by the provisions of these Bylaws, but all provisions taken subsequently hereunder shall conform to the provisions of these Bylaws.

3.2 DEFINITIONS

3.2.1 Evidential Examination: A polygraph examination whose written and declared purpose, agreed upon by the involved parties, is to provide the examiner’s diagnostic opinion as evidence in a pending legal proceeding. This is not intended to prevent the admission as evidence of a confession obtained during the examination.

— 3.2.1.2 Investigative Examination: A polygraph examination whose purpose is to complement and assist in an investigation and for which the examiner has not been informed and does not reasonably believe that the examination results will be presented for admission as evidence in a court of record. Types of investigative examinations can include applicant testing, counterintelligence screening, and post-conviction sex offender testing, as well as routine criminal multiple-issue or multi-facet tests. Investigative examinations are required to be conducted with a test technique and analysis that has been validated through published and replicated research.

— 3.2.1.3 Validated Test Technique: A polygraph test technique for which there exists an acceptable body of scientific studies. A polygraph test technique endorsed by the EPA Research and Development Committee and published in Polygraph News, the journal of the EPA, shall be presumed as a validated test technique.

— 3.2.1.4 Specific-issue polygraph examination: an examination of a single issue or multi-facet, typically administered in conjunction with the investigation of an incident.

— 3.2.1.5 Standards of Practice: The generally accepted principles for the best/most appropriate way of conducting a polygraph examination. These principles should be observed and followed in the conducting, analyzing, documenting, and reporting of polygraph examinations. The standards are mandatory and may be accompanied by compliance sanctions.

— 3.2.1.6 Guidelines: Recommended practices for the conducting, analyzing, documenting, and reporting of polygraph examinations. They differ from standards in that standards are mandatory, whereas guidelines convey best practices. Within the standards of practice, guidelines are explicitly set forth as recommendations.

3.3 POLYGRAPH EXAMINER

3.3.1 A polygraph examiner shall meet the training and education requirements of their membership category as set forth in Division V of the Bylaws.

3.3.2 Intern members may only conduct evidential examinations by stipulation of the parties or under the supervision of a FULL MEMBER or MEMBER.

3.3.3 Polygraph examinations for the clinical polygraph evaluation of sex offenders shall be conducted by members who have completed specialized training in sex offender polygraphs, in accordance with guidelines issued by the EPA.

3.3.4 A polygraph examiner shall, where applicable, be licensed (or certified) by the regulatory organization of their jurisdiction.

3.3.5 A polygraph examiner shall, where applicable, comply with all laws related to continuing education requirements.

3.3.6 A polygraph examiner actively conducting polygraph examinations shall have completed a minimum of forty (40) hours of Continuing Education every two years and document such training with the EPA.

3.4 POLYGRAPH EXAMINEE

3.4.1 The examiner shall make reasonable efforts to determine that the examinee is a suitable subject for testing, where the law permits. Basic inquiries about the examinee’s medical and psychological condition, as well as any recent drug use, should be made where the law permits. The examinee’s mental, physical, or medical conditions that should be observable, or reasonably known to the examiner, before testing should also be assessed. No test should be conducted where valid results cannot be reasonably anticipated.

3.4.2 During the pre-test interview, where the law permits, the examiner shall specifically ask the person to be examined if they are currently receiving or have received in the past any medical or psychiatric treatment or consultation.

3.4.3 If an examiner has reasonable doubts about the examinee’s ability to safely undergo an examination, authorization from the examinee and their physician should be obtained.

3.5 INSTRUMENTATION AND RECORDING

3.5.1 Polygraph tests shall be conducted with instrumentation approved by the EPA and shall record at a minimum the following channels or components:

— 3.5.1.1 Breathing patterns recorded by pneumograph components. Thoracic and abdominal patterns shall be recorded separately, using two pneumograph components.

— 3.5.1.2 Electrodermal activity / EDA / GSR reflecting relative changes in conductance or resistance of current through epidermal tissue.

— 3.5.1.3 Cardiograph to record relative changes in pulse rate, pulse amplitude, blood pressure, and relative blood volume.

— 3.5.1.4 A movement sensor or activity monitor is required for evidential examinations. This technology is recommended for investigative examinations. A movement sensor is required for all examinations.

— 3.5.1.5 Other physiological data may also be recorded during the test but, shall not be used to formulate truthfulness or deception decisions unless validated in replicated and published research.

3.5.2 The physiological recordings during each test shall be continuous and of sufficient amplitude to be easily readable by the examiner and any reviewing examiner. Pneumo and cardio traces with an amplitude between half an inch and one inch shall be considered of sufficient size to be easily readable.

3.5.3 The polygraph shall be subjected to a functionality or calibration test in accordance with the manufacturer’s recommendations. The functionality or calibration test shall be administered before all evidential examinations. At a minimum, the examiner shall maintain these tests for no less than one year. Compliance with the law shall be required.

3.6 TESTING LOCATION AND CONDITIONS

3.6.1 The conditions under which the test is conducted must be free of distractions that interfere with the examinee’s ability to concentrate properly on the matters being addressed. The examination site should be relatively free of ambient noise and distractions.

3.6.2 Examiners conducting live polygraph examinations in public shall not issue opinions regarding the truthfulness or deception of the examinees. Examiners will attempt to ensure that recreations of polygraph examinations are clearly transmitted as such to the viewers.

3.7 PREPARATION

3.7.1 An examiner, prior to the examination, will dedicate sufficient time to identify the issues and any potential problems in any area of the test.

3.8 PRE-TEST PRACTICES

3.8.1 The examiner will obtain sufficient information to identify the examinee.

3.8.2 The examiner will obtain the consent of the examinee before the test.

3.8.3 Sufficient time will be dedicated to ensuring that the examinee has a reasonable understanding of the polygraph process and the requirement for cooperation.

3.8.4 Sufficient time will be dedicated to discussing the issues to be examined and allow the examinee to fully explain their responses.

3.8.5 Sufficient time will be dedicated to ensuring that the examinee recognizes and understands each question. Attempts by the examinee to rationalize should be neutralized by a pre-test discussion in which the examinee demonstrates understanding that the test questions have the same meaning as for the examiner. Questions will be posed in a manner that prevents a reasonable person, facing a significant issue, from successfully engaging in a process of rationalization to avoid guilt.

3.8.6 The examiner will not express any bias regarding the truthfulness of the examinee before the completion of the test.

3.9 TESTING

3.9.1 A polygraph examiner who is a member shall use a validated test technique. Evidential examinations shall not materially deviate from the protocol of a validated test technique. When investigative examinations deviate from the format or protocol of a validated test technique, such deviation, when the test is subject to quality control by a reviewing examiner, shall be noted and justified in writing. For the resolution of specific issues, each polygraph examination shall use a validated test technique.

3.9.2 A stimulation test or knowledge test is required for all evidential examinations. A stimulation or knowledge test is recommended for all initial tests of any specific-issue or investigative examination.

3.9.3 Questions shall be posed clearly and distinctly.

3.9.4 Questions shall be balanced in terms of length and impact for each category of questions used. Questions used in the evaluation of truth and deception shall be preceded and followed by time intervals of no less than 20 seconds. When validated, approved research supports the use of another time interval, that time span shall prevail.

3.9.5 Examiners shall collect enough charts to acquire sufficient data for an adequate evaluation, in accordance with a validated test technique.

3.9.6 Nothing in these standards is intended to prevent the use of new or non-validated test techniques for research purposes.

3.9.7 Standardized chart markings, recognized and used within the polygraph profession, should be employed.

3.9.8 An audio or audio/video recording of the pre-test and in-test phases shall be made and maintained for evidential examinations and, if submitted for quality control purposes, post-conviction sex offender tests, in accordance with current laws.

3.9.9 A member polygraph examiner is prohibited from conducting more than four investigative examinations or three evidential examinations in one day, and no more than five examinations of any type in a day. On rare occasions, exceptional circumstances may justify an exception to this requirement.

3.10 SCORING

3.10.1 Examiners shall employ quantitative or numerical scoring for all evidential examinations and for all specific-issue investigative examinations.

3.10.2 The examiner’s notes on the test evaluation must be clear and precise enough for another examiner to read them.

3.10.3 Examiners must not disclose the examination results until they have been adequately and sufficiently analysed.

3.10.4 Examiners must maintain the confidentiality of their work performed under privilege until a release is obtained from the client.

3.10.5 An examiner subject to a quality control evaluation of a case shall disclose all relevant information about the case under review. Any doubt about relevance shall be resolved through disclosure.

3.11 POLYGRAPH STANDARDS FOR POST-CONVICTION SEX OFFENDER TESTING (PCSOT)

3.11.1 The practice of post-conviction sex offender testing is a specialized sub-discipline in polygraphy, unique in its application. Practitioners must comply with the provisions set out in the Standards of Practice for investigative examinations, in addition to the following standards.

3.11.2 Minimum Training

— 3.11.2.1 A minimum of 40 hours of specialized post-conviction instruction, beyond the basic polygraph examiner training course requirements, will be required for those practicing sex offender testing.

— 3.11.2.2 Specialized instruction must be approved by the EPA prior to instruction.

3.11.3 Written Examination

— 3.11.3.1 Following approved training, a final written examination, approved by the European Polygraph Association (EPA), will be conducted. The student must pass this written exam to receive an EPA certificate for the training.

3.11.4 Quality Control Requirements

— 3.11.4.1 All sex offender polygraph examinations submitted for quality control must be recorded in their entirety. While video recording is the preferred medium, audio recording is sufficient to meet this standard.

3.11.5 Testing Facilities

— 3.11.5.1 Testing facilities must support recording equipment, either audiovisual or audio.

3.11.6 Specifications During Testing

— 3.11.6.1 All recorded physiological data must be retained as part of the examination file as required by regulation or law, but for a minimum of one year.

— 3.11.6.2 Each single-issue examination shall employ a technique and format that has been validated through research.

— 3.11.6.3 Reasonable deviations from validated formats are permissible to the extent that an independent examiner/reviewer agrees that the method employed was not significantly different from the validated format in research. Any deviation from validated formats must be fully explained and justified in writing by the examiner when this test is subject to independent quality control.

3.11.7 Conflict of Interest

— 3.11.7.1 PCSOT examiners who are therapists/treatment providers shall not conduct polygraph examinations on individuals they treat or supervise directly or indirectly.

— 3.11.7.2 PCSOT examiners who are probation or supervised release officers shall not conduct a polygraph examination on any individual they supervise directly or indirectly.

3.12 QUALITY ASSURANCE

3.12.1 Member examiners must submit to a quality assurance review of their polygraph work in accordance with the policy issued by the Board.

4.1 RIGHTS OF THE EXAMINEES

4.1.1 A member shall respect the rights and dignity of all individuals to whom they administer polygraph examinations.

4.2 STANDARDS FOR ISSUING POLYGRAPH DECISIONS

4.2.1 A member shall not issue a conclusive diagnosis when physiological records lack sufficient quality and clarity. This may include, but is not limited to, excessively distorted recordings possibly due to manipulations by the examinee, recordings with insufficient responsiveness, or recordings with tracing amplitudes smaller than those generally accepted by the profession.

4.3 POST-TEST NOTIFICATION OF RESULTS

4.3.1 A member shall provide each examinee with a reasonable opportunity to explain physiological reactions to relevant questions in the recordings. There are three exceptions:

— 4.3.1.1 When the examinee is represented by an attorney who requests that no post-test interview be conducted, and that the results of the examination be released only to the attorney.

— 4.3.1.2 When the examination is conducted by court order, which stipulates that no post-test interview shall be conducted.

— 4.3.1.3 Cases of operational necessity.

4.4 RESTRICTIONS ON ISSUING OPINIONS

4.4.1 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. This does not prevent the examiner from describing the appearance or behavior of the examinee. Decisions about polygraph test results shall be limited solely to those based on polygraph test data.

4.5 RESTRICTIONS ON EXAMINATIONS

4.5.1 A member shall not conduct a polygraph examination when there are reasons to believe that the examination is intended to circumvent or challenge the law.

4.6 FEES

4.6.1 A member shall neither solicit nor accept fees, gratuities, or gifts intended to influence their opinion, decision, or report. No member shall set a fee for polygraph services that depends on the findings or results of such services, nor change their fee as a direct result of their opinion or decision following a polygraph examination.

4.7 REPORTING STANDARDS

4.7.1 A member shall not present, nor permit employees to present, a misleading or false polygraph examination report. Each polygraph report will be a factual, impartial, and objective account of the information developed during the examination and the professional conclusion of the examiner based on the analysis of the polygraph data.

4.7.2 Polygraph reports shall not reflect numerical scores for the relevant questions posed during the test nor reflect “split decisions” (multiple decisions), for example, truthful to one or more relevant questions from the same data (tests/charts) where deception is indicated, or a significant response to one or more relevant questions is reported, unless it is a research-supported element of a validated test technique as per this constitution. Doing so would be considered misleading.

4.8 ADVERTISING

4.8.1 A member shall not make, publish, or cause to be published any false or misleading statements or advertisements related to the Association or the polygraph profession. No member shall make false representations regarding their membership category in the Association. All advertisements referring to membership in the Association must also list the membership category.

4.9 DISCLOSURE OF NON-RELEVANT INFORMATION

4.9.1 A member shall not disclose to any person any irrelevant personal information obtained during a polygraph examination that has no connection to the relevant matter and that might embarrass or tend to embarrass the examinee, except when such disclosure is required by law.

4.10 RESTRICTIONS ON EXAMINATION TOPICS

4.10.1 A member shall not include in any polygraph examination questions designed to inquire or develop information about activities, affiliations, or beliefs regarding religion, politics, or race, except where there is relevance to a specific investigation.

4.11 AUTHORITY OF EUROPOLYGRAPH OVERSIGHT

4.11.1 A member who administers or attempts to administer any polygraph examination in violation of the Code of Ethics or Standards of Practice may be subject to investigation, censure, suspension, expulsion, or other appropriate action by the Association, as provided by Article IV of the EPA Constitution.

5.1 FULL MEMBER

5.1.1 Full Members of this Association are those individuals who, upon applying for membership in the EPA and being accepted by the EPA Board of Directors, have:

— 5.1.1.1 Graduated from an EPA-accredited school; and,

— 5.1.1.2 Completed no fewer than two hundred fifty (250) actual polygraph examinations using a standardized polygraph technique as taught in an EPA-accredited school; and,

— 5.1.1.3 Received a bachelor’s degree or equivalent from a university or college accredited by a regional accreditation board; and,

— 5.1.1.4 A current and valid license to practice polygraphy when required and issued by a governmental entity that requires such a license.

5.1.2 The right to vote on all matters before the General Membership.

— 5.1.2.1 Eligibility to hold any elective office in the Association.

— 5.1.2.2 Eligibility to hold any appointed position in the Association or to serve as Chairperson of any Standing or Ad Hoc Committee.

— 5.1.2.3 Having met all financial obligations to the Association.

5.2 MEMBER

5.2.1 Members of this Association are those individuals who, upon applying for membership in Europolygraph and being accepted by the EPA Board of Directors, do not meet the requirements to be a Full Member and are individuals who are practicing polygraph examiners who have:

— 5.2.1.1 Graduated from an EPA-accredited school, or alternatively,

— 5.2.1.2 Completed no fewer than two hundred fifty (250) actual polygraph examinations using a standardized polygraph technique as taught in an EPA-accredited school; and,

— 5.2.1.3 Received a bachelor’s degree or equivalent from a university or college accredited by a regional accreditation board, or alternatively, have at least five years of experience in polygraphy; and,

— 5.2.1.4 A current and valid license to practice polygraphy when required and issued by a governmental entity that requires such a license.

5.2.2 The right to vote on all matters before the General Membership.

— 5.2.2.1 Eligibility to hold any elective office in the Association if graduated from an EPA-accredited school.

— 5.2.2.2 Eligibility to hold any appointed position in the Association or to serve as Chairperson of any Standing or Ad Hoc Committee.

— 5.2.2.3 Having met all financial obligations to the Association.

5.3 INTERN MEMBER

5.3.1 Intern Members are those individuals who, upon applying for membership in Europolygraph and being accepted for membership by the EPA Board of Directors:

— 5.3.1.1 Attend or graduate from an EPA-accredited school; and,

— 5.3.1.2 Meet all the requirements for membership as a Full Member or Member, except for the experience and education requirements set out in 5.1 and 5.2 above; and, have:

5.3.2 The right to vote on all matters before the General Membership.

— 5.3.2.1 Without eligibility to hold any elective office in the Association.

— 5.3.2.2 Eligibility to hold any appointed position in the Association, except to serve as an officer or to chair any Standing or Ad Hoc Committee.

— 5.3.2.3 Having met all financial obligations to the Association.

5.4 TECHNOLOGY AND PROFESSIONAL MEMBERSHIP

5.4.1 Technology and Professional Members are, upon application and acceptance, those individuals, organizations, or corporations that have a professional or scientific interest in the polygraph profession through study, research, instrumentation, or professional support of the polygraph.

5.4.2 Technology and Professional Members shall:

— 5.4.2.1 Not have the right to vote on matters before the General Membership unless they act in a dual capacity as a Technology and Professional Member and are elected to the Board.

— 5.4.2.2 Be eligible to serve on any Standing or Ad Hoc Committee.

— 5.4.2.3 Fulfil all financial obligations to the Association.

5.5 HONORARY MEMBER

5.5.1 Honorary Members are those individuals accepted who:

— 5.5.1.1 Have made a significant contribution to the Association and the polygraph profession, and;

— 5.5.1.2 Have been nominated by any Member for Honorary Membership, and;

— 5.5.1.3 Whose nomination has been approved by a two-thirds (2/3) majority vote of the Board, and

— 5.5.1.4 Whose nomination has been confirmed by a majority of votes of all Voting Members present at a meeting of the General Membership.

5.5.2 Honorary Members shall:

— 5.5.2.1 Not have the right to vote on matters before the General Membership.

— 5.5.2.2 Have the right to speak on any matter before the General Membership or the Board of Directors.

— 5.5.2.3 Not be eligible to hold any elective office in the Association.

— 5.5.2.4 Not be eligible to chair any Standing or Ad Hoc Committee.

— 5.5.2.5 Be exempt from paying annual membership dues to the Association.

 5.6 RETIRED MEMBER

5.6.1 Retired members are those individuals who:

— 5.6.1.1 Are at least 65 years of age.

— 5.6.1.2 Are no longer involved in polygraph employment for profit.

— 5.6.1.3 Have at least 15 years of membership in Europolygraph.

— 5.6.1.4 Have attended a minimum of five (5) EPA Annual Seminars.

— 5.6.1.5 Whose nomination has been approved by a two-thirds (2/3) majority vote of the Board, and

— 5.6.1.6 Whose nomination has been confirmed by a majority of votes of all Voting Members present at a meeting of the General Membership.

5.6.2 Retired members shall:

— 5.6.2.1 Have the right to vote on all matters before the General Membership.

— 5.6.2.2 Be eligible to hold any elective office in the Association.

— 5.6.2.3 Be eligible to hold any appointed position in the Association and chair any Standing or Ad Hoc Committee.

— 5.6.2.4 Be eligible to serve on any Standing or Ad Hoc Committee.

— 5.6.2.5 Be exempt from paying annual membership dues to the Association.

5.7 DIVISIONAL MEMBER

5.7.1 Divisional Members are those polygraph organizations or associations that, upon application and acceptance, wish to have a professional relationship with the European Polygraph Association and whose members agree to abide by the Association’s Code of Ethics and Standards of Practice. An applicant for Divisional Membership shall:

— 5.7.1.1 Submit a copy of its Constitution or Bylaws to the Board and, if membership is granted, notify the Board of any changes to such documents.

— 5.7.1.2 Be granted Divisional Membership by a two-thirds (2/3) majority vote of the Board.

5.7.2 Divisional Members shall:

— 5.7.2.1 Be autonomous in all matters but must adhere to the Code of Ethics and Standards of Practice of this Association.

— 5.7.2.2 Not represent themselves as anything other than a Divisional Member of this Association nor represent that, by virtue of their Divisional Membership, some or all members there are members of Europolygraph. This does not prevent EPA members from belonging to a Divisional Member and representing themselves as members of the Association.

— 5.7.2.3 Maintain separate financial accounts and records from the EPA and not commit the Association to any financial commitment or liability.

5.7.3 The Board of Directors may, by a two-thirds (2/3) majority vote, revoke the Divisional Membership of any member that:

— 5.7.3.1 Fails to comply or enforce among its members the EPA’s Code of Ethics and Standards of Practice.

— 5.7.3.2 Does not conduct a meeting of its General Membership within a twelve (12) month period.

5.8 ELP TRAINING MEMBER

Europolygraph Learning Partners (ELP’s) are certified companies dedicated to the Evaluation of Testimonial Credibility, specializing in the application of the polygraph as a forensic diagnostic tool. Their main function is to collaborate as practical training centers within Europolygraph-certified programs in Forensic Psychophysiology, providing a professional and realistic learning environment for students.

5.8.1 Facility Requirements:

5.8.1.1 Forensic Practice Spaces: ELP’s must have specialized facilities suitable for conducting polygraph tests, including examination rooms conditioned to ensure privacy and the accuracy of measurements.

5.8.1.2 Technical Equipment: They must be equipped with state-of-the-art polygraph equipment, including all necessary components for a complete evaluation (sensors, software, recording devices, etc.).

5.8.1.3 Training Areas and Didactic Resources: Facilities must include areas dedicated to theoretical training, equipped with appropriate didactic resources such as audiovisual systems, reference materials, and access to relevant databases.

5.8.2 Teaching Staff Requirements:

5.8.2.1 Instructor Certification: Instructors at ELP’s must be certified in the field of forensic psychophysiology and possess a comprehensive theoretical and practical understanding of the use of the polygraph.

5.8.2.2 Professional Experience: It is essential that instructors have a minimum of five years of experience in the field, thus ensuring their ability to provide practical and up-to-date training.

5.8.2.3 Pedagogical Skills: Instructors must possess effective teaching skills, including the ability to teach students of various levels and backgrounds, and to adapt teaching methods to individual needs.

5.8.3 Training Program and Methodology:

5.8.3.1 Integration with Academic Programs: ELP’s must follow a curriculum that coherently integrates with the theory taught in Europolygraph-approved academic programs, ensuring a continuous and complete learning experience.

5.8.3.2 Practical Focus: Training must focus on the practical application of the polygraph, including conducting actual tests, data analysis, and interpretation of results.

5.8.3.3 Evaluation and Feedback: A system of evaluation and feedback must be implemented to measure student progress and ensure the quality of the training received.

5.8.4 Ethical and Legal Compliance:

5.8.4.1 Privacy and Ethical Regulations: ELP’s must operate in conformity with privacy and professional ethics regulations driven by Europolygraph, ensuring respect and integrity in all operations.

5.8.4.2 Maintenance of Professional Standards: They must adhere to the professional and ethical standards set by Europolygraph and relevant regulatory bodies in the field of forensic psychophysiology.

5.8.9 Commitment to Continuous Improvement:

ELP’s must commit to the continuous improvement of their training programs, adapting to technological and methodological advancements in the field of polygraph and credibility assessment.

5.9 GENERAL PROVISIONS

5.9.1 Subject to the terms and conditions of this Article, membership in the Association shall be terminated when any member, other than a Divisional Member, is convicted of a felony or any crime of immorality. Conviction, for the purposes of this section, shall mean the sentence of any court of competent jurisdiction, local, provincial, or national, and shall include a plea of “no contest” to an offense constituting a felony or when included as a misdemeanor or when included as a condition of probation. Such termination of membership shall be automatic and without action by the Complaints Committee or the Board.

5.9.2 Any Member, other than a Divisional Member, who has been formally charged in any court of competent jurisdiction, for a charge constituting a felony or any crime of immorality shall, within thirty (30) days of such charge, notify the Chairperson of the Complaints Committee of such charge. The notification shall be in writing and include the nature of the charge, the name and address of the court where the charge was made, the date of the charge, and the case number assigned by the court.

5.9.3 The membership of any Member, other than a Divisional Member, who resigns from this Association shall be reinstated upon approval of the Membership Committee or the Board, provided that the member:

— 5.9.3.1 Qualifies for the class of membership for which they qualified at the time of resignation.

— 5.9.3.2 Meets all financial obligations to the Association for the year in which reinstatement is requested.

— 5.9.3.3 Has not been the subject of an investigation by the Complaints Committee or has not met their financial obligations to the Association at the time of their resignation.

5.9.4 Any applicant pending Board approval for membership or Intern Member in the process of advancement to Full Member shall not be eligible to continue with the processing of membership unless their current complaint investigation is deemed unfounded and closed.

5.9.5 Membership does not grant rights to organizational income, properties, or other assets. Organizational assets are not distributed among members, except as deemed by the Board of Directors as reasonable compensation for services rendered.

5.9.6 Membership, regardless of classification or position held, does not carry personal liability beyond what is expressly stated in this constitution.

6.1 Preamble. In recognition of the dynamic evolution of education and pedagogical practices in the field of Forensic Psychophysiology, Europolygraph.org formally adopts blended or semi-presential teaching as an optimal method of instruction in its training programs. This adoption is made with the understanding that purely in-person teaching programs remain fundamental and valuable.

6.2 Definition and Scope

6.2.1 Blended or Semi-Presential Teaching: Defined as a balanced combination of online teaching components (theory and distance learning) and in-person practical components (practices and real-life applications).

6.2.2 Application in Forensic Psychophysiology: This model will be adopted in training programs in Forensic Psychophysiology, promoting an integrated and comprehensive educational methodology.

6.3 Justification and Benefits

6.3.1 Flexibility and Accessibility: Blended teaching provides greater flexibility and accessibility for students, facilitating the combination of learning with other responsibilities.

6.3.2 Practical Application and Theoretical Deepening: Allows an effective combination of theory and practice, crucial in the field of Forensic Psychophysiology.

6.4 Maintenance of In-Person Programs

6.4.1 Value of In-Person Teaching: Europolygraph.org recognizes and maintains the importance of purely in-person teaching programs, especially in practical aspects and interpersonal skills.

6.4.2 Coexistence of Models: In-person programs will continue to be a key option, offering students different learning paths according to their preferences and needs.

6.5 Quality Criteria and Standards

6.5.1 Educational Quality: All programs, whether blended or in-person, must meet the high educational quality standards set by Europolygraph.org.

6.5.2 Regular Updates and Continuous Improvement: Programs must be reviewed and updated regularly to reflect advances in the discipline and teaching methodology.

6.6 Implementation and Evaluation

6.6.1 Development of Blended Programs: The development and implementation of blended programs will be encouraged, ensuring that they meet established criteria.

6.6.2 Efficacy Evaluation: Regular evaluations of the efficacy of teaching methods will be conducted to ensure that educational objectives are met.

6.7 Commitment to Educational Excellence

Europolygraph.org commits to providing the highest quality in training in Forensic Psychophysiology, regardless of the teaching method, and to continuously adapting to the changing needs of the field and students. This article reflects the commitment of Europolygraph.org to educational innovation and excellence, recognizing blended teaching as an optimal method in the training in Forensic Psychophysiology, while still valuing and maintaining programs based on in-person teaching.

7.1 The Directors of the Association shall perform the duties assigned to them by the President or the Board of Directors.

8.1 THE PRESIDENT SHALL:

8.1.1 Preside over all meetings of the General Membership.

8.1.2 In the absence of the Chairperson of the Board, preside over all meetings of the Board of Directors.

8.1.3 Have general oversight over the affairs and administration of the Association and over the responsibilities of those appointed to positions.

8.1.4 Perform the duties assigned by the Board and represent this Association in official functions.

8.1.5 Appoint the Chairpersons of all Standing and Ad Hoc Committees.

8.1.6 Perform other duties assigned by the Board.

8.2 THE VICE PRESIDENTS SHALL:

8.2.1 Represent the interests of all members of Europolygraph, focusing especially on the segment of their representation, whether Government, Private, or Law Enforcement.

8.2.2 Perform other duties assigned by the Board.

8.3 THE SECRETARY SHALL:

8.3.1 When not acting as the Manager of the National Office and, in conjunction with the National Office Manager acting as the designated Assistant Secretary, be responsible for recording and maintaining the official minutes, resolutions, and proceedings of the Association arising from the business meetings of the general membership, the Board of Directors, or other meetings that may be necessary for the effective and orderly transaction of the Association’s business.

8.3.2 Distribute official notices, correspondence, and other materials, and record the policies and procedures established during the meetings of the Board of Directors.

8.3.3 Perform other duties assigned by the President or the Board.

8.4 THE TREASURER SHALL:

8.4.1 Ensure that the financial transactions of the organization are conducted through a bank account and be the primary custodian of all funds and securities of any nature that are the property of the Association and provide copies of the same to the National Office Manager.

8.4.2 Maintain complete and accurate records of all financial transactions and the responsibility for assets related to the Association.

8.4.3 Is authorized, and by these Bylaws is empowered, to act in all financial matters requiring an authorized signature on behalf of this Association. In the absence or incapacity of the Treasurer, the President may act in their place.

8.4.4 Conduct an annual audit of the Association’s financial records and transactions and present the results to the membership at the annual general meeting.

8.4.5 Publish or cause to be published a Statement of Assets and Liabilities, as well as an Income and Expenses Statement of the Association semi-annually and make them available to each member of the Board of Directors upon request. Such statements shall be available for review by any Voting Member upon request. This information is considered the exclusive property of the EPA and must be treated as confidential, and its dissemination to any person other than the requester is prohibited and unlawful.

8.4.6 Collect all dues authorized by the General Membership and all assessments imposed by the Board of Directors. Dues are due upon becoming a member and annually thereafter. Any member who fails to meet financial obligations to the Association shall be suspended without action of the Board until the next Board of Directors meeting, at which time they may continue suspension or terminate membership.

8.4.7, Assisted by the National Office Manager, be responsible for preparing or overseeing tax documents and other official documents that may be required by law; propose or provide budget reports or other financial reports as directed by the Board.

8.4.8 Compile and present a budget to the new Board of Directors of the EPA after the General Membership meeting.

8.4.9 Conduct applicable investments as directed by the Board.

8.4.10 Perform other duties assigned by the Board.

10.1 The Standing Committees shall consist of a Chairperson appointed by the President and no fewer than two (2) and no more than seven (7) members, of which at least two shall not hold an elected office in the Association. The Standing Committees are:

10.1.1 The Ethics and Complaints Committee

— 10.1.1.1 The Ethics and Complaints Committee receives and investigates all allegations of misconduct against members of the Association promptly, impartially, and fairly. An ethical or complaint investigation will be initiated by submitting a complaint. All complaints must be submitted in writing, signed by the complainant, and sent to the Chairperson of the Committee. The Committee will not consider, investigate, or act upon any complaint that does not meet these criteria.

— 10.1.1.2 Upon receipt of the complaint, the Chairperson of the Committee will determine if the complaint establishes an allegation of ethical violation. If the Chairperson determines that the complaint does not establish an allegation of ethical violation, they will notify the Board and, with their agreement, notify the complainant.

— 10.1.1.2.1 If the Chairperson determines that the complaint establishes an allegation of ethical violation, the Chairperson will refer the complaint to the accused member requesting a written response to the complaint along with a request for any other documentation deemed necessary for the investigation of the complaint.

— 10.1.1.2.1.1 The accused member will have thirty (30) days, or additional time granted by the Chairperson, from the receipt of the complaint to respond in writing to the Chairperson. Failure to provide the requested information to the Complaints Committee will be grounds for probation, suspension, termination of membership, or other appropriate action.

— 10.1.1.3 Upon receiving the written response, the Chairperson will determine, along with any investigation deemed necessary, whether the complaint lacks merit and should be dismissed or whether disciplinary proceedings should be initiated. With the agreement of the Board that the complaint lacks merit, the Chairperson of the Committee or their designated representative will notify in writing the complainant and the accused member of that decision.

— 10.1.1.3.1 If disciplinary proceedings are initiated; the accused member will have thirty (30) days from the date of notification by the Chairperson to request a hearing. Such request shall be in writing and addressed to the Chairperson. The Chairperson, upon receiving the hearing request from the accused member, will conduct or appoint a member of the Committee to conduct the hearing. The accused member shall be given at least ten (10) days written notice of the time, place, and date of the hearing. The accused member shall have the right to have legal counsel or another advocate and may call witnesses to present evidence on their behalf.

The Chairperson of the Committee or the Committee’s designated representative may question witnesses called by the accused member and may call other witnesses as deemed necessary.

— 10.1.1.3.1.1 If the accused member does not request a hearing or fails to appear at a hearing after having requested one, the Chairperson or the Committee’s designated representative will proceed with an investigation as deemed necessary to issue conclusions and recommendations.

— 10.1.1.4 After considering the evidence and testimony, the Chairperson or the representative of the Committee will present these conclusions and recommendations to the full Committee for review and comment. The Committee will determine whether to accept, reject, or modify the conclusions and recommendations. The Chairperson will abide by a majority vote of the Committee and notify the accused member, in writing, of their conclusions and recommendations.

— 10.1.1.5 If disciplinary action is recommended, the President or their designated representative from the Committee will present the evidence, conclusions, and recommendations to the Board of Directors, which, by a majority vote, will determine whether disciplinary action should be taken against the member and the nature of the disciplinary measures.

— 10.1.1.5.1 The Board of Directors may make a public or private censure, suspend, revoke membership in the Association, or take other appropriate measures. The Board will notify the accused member in writing of the Board’s decision. The Board will inform the complainant if disciplinary action was taken.

— 10.1.1.6 The accused member may appeal to the Board when such appeal is based on information previously presented during the investigation process. The accused member cannot base an appeal on previously undisclosed information.

— 10.1.1.7 Unless contemplated by the Statute and Regulations, information obtained by the Complaints Committee is considered confidential and must not be disclosed outside the Committee or the Board of Directors.

— 10.1.1.8 If an ethical complaint or grievance is filed by or against a member of the Ethics and Complaints Committee or a member of the Board of Directors, that member shall abstain from investigating or considering the complaint.

— 10.1.1.9 The Ethics and Complaints Committee performs other functions as assigned by the President of the Board of Directors.

11.1  These Statutes will come into force at the time the European Association of Polygraphy is ratified and will prevail over all other Statutes that are in force at that time.