Estatutos y Leyes

3.2.1 Evidentiary Examination: A polygraph examination, the written and stated purpose for which, agreed to by the parties involved, is to provide the diagnostic opinion of the examiner as evidence in a pending judiciary proceeding. This is not intended to prevent admission as evidence of a confession obtained during the examination.

— 3.2.1.2 Investigative Examination: A polygraph examination for which the examination is intended to supplement and assist an investigation and for which the examiner has not been informed and does not reasonably believe that the results of the examination will be tendered 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 multiple-issue or multiple-facet criminal testing. Investigative examinations are required to be conducted with a testing and analysis technique that has been validated through published and replicated research.
— 3.2.1.3 Validated Testing Technique: A polygraph testing technique, for which exists a body of acceptable scientific studies. A polygraph testing technique both endorsed by the EPA Research and Development Committee, and published in Polygraph News, the journal of the EPA, shall be presumed to be a validated testing technique.
— 3.2.1.4 Specific issue polygraph examination: a single-issue or multi-facet examination, normally administered in conjunction with investigation of an incident.
— 3.2.1.5 Standards of Practice: The generally accepted principles for the best/most appropriate way to conduct a polygraph examination. These principles are required to be observed and followed in conducting, analyzing, documenting, and reporting polygraph examinations. Standards are mandatory and may be accompanied by enforcement sanctions.
— 3.2.1.6 Guidelines: Recommended practices for the conduct, analysis, documentation and reporting of polygraph examinations. They differ from standards in that standards are mandatory whereas guidelines convey better practices. Within the standards of practice, guidelines are explicitly set forth as recommendations.

3.3.1 A polygraph examiner shall meet the training and educational requirements of his/her category of membership as set forth in Division V of the By-Laws.

3.3.2 Intern members shall conduct evidentiary examinations only by stipulation of the parties, or under the supervision of a FULL MEMBER or MEMBER.

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

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

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

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

3.4.1 The examiner shall make reasonable efforts to determine that the examinee is a fit subject for testing, where allowed by law. Basic inquiries into the medical and psychological condition of the examinee as well as any recent drug use should be made where allowed by law. Mental, physical or medical conditions of the examinee that should be observable to, or that should be reasonably known by the examiner, should also be evaluated prior to testing. No test should be conducted where valid results could not be reasonably foreseen.

3.4.2 During the pre-test interview, where allowed by law, the examiner will specifically inquire of the person to be examined whether or not he or she is currently receiving or has in the past received medical or psychiatric treatment or consultation.

3.4.3 If an examiner has a reasonable doubt concerning the ability of an examinee to safely undergo an examination, a release from the examinee and his/her physician shall be obtained.

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

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

— 3.5.1.2 Electro dermal / EDA / GSR activity reflecting relative changes in the conductance or resistance of current by the 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 motion sensor or activity monitor is required for evidentiary examinations. This technology is recommended for investigative examinations. A motion sensor is required for all examinations.

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

3.5.2 Physiological recordings during each test shall be continuous, and shall be of sufficient amplitude to be easily readable by the examiner and any reviewing examiner. Pneumograph and cardiograph tracings between one-half inch and one inch in amplitude will be considered of sufficient size to be easily readable.

3.5.3 The polygraph shall be given a functionality or calibration test consistent with manufacturer recommendations. The functionality or calibration test shall be administered prior to all evidentiary examinations. At a minimum, the examiner shall maintain these tests for no less than one year. Compliance with the law shall be required.

3.6.1 Conditions under which testing occurs shall be free from distractions that would interfere with the ability of the examinee to appropriately focus on the issues being addressed. The examination site should be relatively free from environment noise and distraction.

3.6.2 Examiners performing live polygraph examinations in public shall not render opinions regarding the truthfulness or deception of the examinees. Examiners shall attempt to ensure that re-enactments of polygraph examinations are clearly conveyed as such to viewers.

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

3.8.2 The examiner shall obtain the consent of the examinee prior to testing.

3.8.3 Sufficient time should be spent to ensure that the examinee has a reasonable understanding of the polygraph process and the requirement for co-operation.

3.8.4 Sufficient time shall be spent to discuss the issues to be tested and to allow the examinee to fully explain his/her answers.

3.8.5 Sufficient time shall be spent to ensure 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 he or she understands the test questions to have the same meaning as does the examiner. Questions shall be asked in a form that would prevent a reasonable person, facing a significant issue, from successfully engaging
in a rationalization process to avoid culpability.

3.8.6 The examiner shall not express bias in any manner regarding the truthfulness of the examinee prior to the completion of testing.

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

3.9.2 A stimulation test or acquaintance test shall be required for all evidentiary examinations. A stimulation or acquaintance test is recommended for all initial examinations for any specific issue or investigative examination.

3.9.3 Questions shall be asked with clarity and distinctiveness.

3.9.4 Questions shall be balanced in terms of length and impact for each category of questions utilized. Questions used in the assessment of truth and deception shall be preceded and followed by time intervals of not less than 20” / seconds. When approved validated research supports the use of another time interval, that time span shall prevail.

3.9.5 Examiners shall collect a sufficient number of charts so as to acquire sufficient data for proper evaluation, in conformity with a validated testing technique.

3.9.6 Nothing in these standards is intended to prevent the use of new or not validated testing techniques for purposes of research.

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

3.9.8 An audio or an audio/video recording of the pre-test and in-test phases shall be made and maintained for evidentiary examinations and if submitted for quality control purposes, post¬-conviction sex offender examinations, according with governing laws.

3.9.9 A member polygraph examiner is prohibited from conducting more than four investigative or three evidentiary examinations in one day, and no more than five examinations of any type in one day. On rare occasion, exigent circumstances may warrant a waiver of this requirement.

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

3.10.2 Examiner notes of the test evaluation shall have sufficient clarity and precision so that another examiner could read them.

3.10.3 Examiners shall not disclose the results of the examination until it has been adequately and sufficiently analyzed.

3.10.4 Examiners shall maintain the confidentiality of their work conducted under privilege until a release by the client is obtained.

3.10.5 An examiner subject to a quality control evaluation of a case shall fully disclose all relevant information regarding the case under review. Any doubts as to relevancy shall be resolved through disclosure.

3.11.1 The practice of post-conviction sex offender testing is a specialized sub-discipline in polygraphy, unique in its application. Practitioners are required to satisfy the provisions set forth in the Standards of Practice for
investigative examinations, in addition to those standards below.

3.11.2 Minimum Training

— 3.11.2.1 A minimum of 40 hours of post-conviction specialized instruction, beyond the basic polygraph examiner training course requirements, shall be requisite to those who practice sex offender testing.

— 3.11.2.2 The specialized instruction shall be approved by the EPA in advance of the instruction.

3.11.3 Written Examination

— 3.11.3.1 A final written examination, approved by the European Polygraph Association (EPA), shall be given subsequent to the approved training. The student must pass this written examination to receive an EPA certificate for the training.

3.11.4 Quality Control Requirements

— 3.11.4.1 All polygraph examinations of sex offenders submitted for quality control shall be recorded in their entirety. Though 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 shall support recording equipment, either audiovisual or audio.

3.11.6 In-test Specifications

— 3.11.6.1 All recorded physiological data shall be retained as part of the examination file as long 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 departures from validated formats are permissible, to the extent that an independent examiner/reviewer would concur that the employed method was not significantly dissimilar from the format validated in research. Any deviations from validated formats shall be fully explained and justified by the examiner in writing where this test is subjected to an 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 an individual that they directly or indirectly treat or supervise.

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

4.3.1 A member shall afford each examinee 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 being conducted by court order, which stipulates that no post-test interview is to be conducted.

— 4.3.1.3 Instances of operational necessity.

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

4.7.2 Polygraph reports shall not reflect numerical scores for in-test presented relevant questions(s) or otherwise reflect “split decisions” (multiple decisions), e.g., truthful to one or more relevant question(s) from the same data (tests / charts) where deception indicated or significant response is reported to one or more relevant question(s); unless a research supported element of a validated testing technique per this constitution. To do so would be considered misleading.

5.1.1 Full Members of this Association are those persons who, upon application for membership in EPA and acceptance by the EPA Board of Directors, have:

— 5.1.1.1 Graduated from an EPA accredited school; and,

— 5.1.1.2 Completed not less than two hundred (250) actual polygraph examinations using a standardized polygraph technique as taught at an EPA accredited school; and,

— 5.1.1.3 Received a Baccalaureate Degree or equivalent from a college or university 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 government entity requiring such license.

5.1.2 The right to vote in 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 the Chair of any standing or Ad Hoc Committee.

— 5.1.2.3 Met all financial obligations to the Association.

5.2.1 Members of this Association are those persons who, upon application for membership in Europolygraph and acceptance by the EPA Board of Directors, do not meet the requirements for Full Member and are persons who are practicing polygraph examiners that have:

— 5.2.1.1 Graduated from an EPA accredited school or in lieu thereof,

— 5.2.1.2 Completed not less than two hundred (250) actual polygraph examinations using a standardized polygraph technique as taught at an EPA accredited school; and,

— 5.2.1.3 Received a Baccalaureate Degree or equivalent from a college or university accredited by a regional accreditation board or instead of it have at least five years polygraph experience; and,

— 5.2.1.4 A current and valid license to practice polygraphy when required and issued by a government entity requiring such license.

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

— 5.2.2.1 Eligibility to hold any elective office in the Association if a graduate of an EPA accredited school.

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

— 5.2.2.3 Met all financial obligations to the Association.

5.3.1 Intern Members are those persons who, upon application for membership in Europolygraph and acceptance for membership
by the EPA Board of Directors:

— 5.3.1.1 Are in attendance at or graduates of an EPA accredited school; and,

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

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

— 5.3.2.1 No 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 Met all financial obligations to the Association

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

5.4.2 Science, Technology and Professional members shall:

— 5.4.2.1 Not have the right to vote in matters before the General Membership, unless serving in a dual capacity of Science, Technology and Professional member and elected to the Board.

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

— 5.4.2.3 Meet all financial obligations to the Association.

5.5.1 Honorary Members are those accepting persons who:

— 5.5.1.1 Have made an outstanding 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 vote 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 in matters before the General Membership.

— 5.5.2.2 Have the right to speak on any issue 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 annual membership dues to the Association.

5.6.1 Retired members are those persons who:

— 5.6.1.1 Are at least 65 years of age.

— 5.6.1.2 Are no longer engaged in profit-making polygraph employment.

— 5.6.1.3 Have at least 15 years of membership in the 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 vote 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 in 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 annual membership dues to the Association.

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

— 5.7.1.1 File a copy of its Constitution or By-laws with the Board and, if granted membership, notify the Board of any change in said documents.

— 5.7.1.2 Be granted Divisional Membership upon 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 be in compliance with the Code of Ethics and Standards of Practice of this Association.

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

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

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

— 5.7.3.1 Fails to subscribe to or enforce upon its members the EPA Code of Ethics and Standards of Practice.

— 5.7.3.2 Fails to hold a meeting of its General Membership within a twelve (12) month period.

5.8.1 Subject to the terms and conditions of this Article, membership in the Association shall be terminated upon the conviction of any member, other than a Divisional Member, of any felony crime or any crime of moral turpitude. Conviction, for the purpose of this section, shall mean the judgment of any court of competent jurisdiction, local, provincial or national and shall include a plea of “no contest” to a crime amounting to a felony or when included as a lesser offence or when included as a condition of probation. Such termination of membership shall be automatic and without action by the Grievance Committee or the Board.

5.8.2  Any Member, other than a Divisional Member, who has been formally charged in any court of competent jurisdiction, on a charge amounting to a felony crime, or any crime of moral turpitude shall, within thirty (30) days of such arraignment, notify the Chairperson of the Grievance Committee of such arraignment. Notification shall be in writing and shall include the nature of the charge, the name and address of the court where the member was arraigned, the date of the arraignment and the case or docket number assigned by the court.

— 5.8.2.1 The membership of any Member who fails to comply with the provisions of this sub-section shall be suspended without action by the Grievance Committee or Board. Said suspension shall be effective on the thirty-first (31st) day after being formally charged and shall continue until the member complies with the requirements of this sub-section.

5.8.3 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, the member:

— 5.8.3.1 Qualifies for the class of membership to which he or she qualified at the time of resignation.

— 5.8.3.2 Meets all financial obligations to the Association for the year in which the reinstatement is sought.

— 5.8.3.3 Was not the subject of investigation by the Grievance Committee or failed to meet his/her financial obligations to the Association at the time of his/her resignation.

5.8.4 Any applicant pending Board approval of membership or Intern Member who is in the process of upgrading to Full Member will not be eligible for further membership processing unless their current grievance investigation is deemed unfounded and closed.

5.8.5 Membership does not bestow a right to organizational income, property or other asset. Organizational assets are not distributable to members except as Board of Directors deemed reasonable compensation for services rendered.

5.8.6 Membership, regardless of classification or position held, does not incur a personal liability beyond that expressly cited within this constitution.

7.1.1 Preside over all meetings of the General Membership.

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

7.1.3 Have general supervision over the affairs and administration of the Association and of the duties of those appointed to office.

7.1.4 Perform such duties as the Board may assign and represent this Association at official functions.

7.1.5 Appoint the Chairpersons of all Standing or Ad Hoc Committees.

7.1.6 Perform other duties as assigned by the Board.

7.2.1 Represent the interest of all Europolygraph members, especially focusing on the segment of their representation, Government, Private, Law Enforcement.

7.2.2 Perform other duties as assigned by the Board.

7.3.1 When not the National Office Manager, in conjunction with the National Office Manager, serving as appointed Assistant Secretary, be responsible for recording and retaining the official minutes, resolutions, and proceedings of the Association derived from business meetings of the general membership, the Board of Directors, or other meetings as may be required for the effective and orderly transaction of the Association’s business.

7.3.2 Distribute official notices, correspondence and other materials and record policy and procedures established during Board of Directors Meetings.

7.3.3 Perform other duties as assigned by the President or the Board.

7.4.1 Ensure organizational financial transactions are conducted by means of a banking account and be the primary custodian of all funds and securities, of whatever nature, which are the property of the Association and shall provide copies thereof to the National Office Manager.

7.4.2 Maintain complete and accurate records of all financial transactions and asset accountability related to the Association.

7.4.3 Be authorized, and by virtue of these By-laws is authorized, to act in all financial matters wherein an authorized signature is required on behalf of this Association. In the absence or disability of the Treasurer, the President may act for him.

7.4.4 Perform an annual audit of the Association’s records and financial transactions and report the results to the membership at the Annual General meeting.

7.4.5 Publish or cause to be published a Statement of Assets and Liabilities as well as a Statement of Income and Expenses of the Association semi-annually and make available to each member of the Board of Directors upon request. Such statements shall be available for review by any Voting Member upon demand. Such information is deemed proprietary to the EPA and shall be treated as confidential and any dissemination to anyone other than the requester is prohibited and unlawful.

7.4.6 Collect all dues authorized by the General Membership and all assessments levied by the Board. 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 meeting of the Board of Directors at which time they may continue the suspension or terminate the membership.

7.4.7 Assisted by the National Office Manager, be responsible for preparing or supervising such tax and other official documents as may be required by law; proposing or supplying such other budget or financial reports as the Board may direct.

7.4.8 Compile and present a budget to the incoming EPA Board of Directors subsequent to the General Membership meeting.

7.4.9 Accomplish applicable investment per guidance of the Board.

7.4.10 Perform other duties as assigned by the Board.

8.1.1 Advise the Board on all legal matters which may come before it and may represent the Association in all litigation.

8.1.2 Provide advice to the Board of Directors on policies and decisions under consideration by the Board of Directors.

8.1.3 Perform other duties as assigned by the President.

8.2.1 Publish or cause to be published any and all publications, newsletters, journals or other documents authorized and directed by the Board.

8.2.2 Distribute or cause to be distributed any and all publications, newsletters, journals or other documents authorized and directed by the Board.

8.2.3 Shall recommend to the President for approval and appointment, the names of other editorial and/or staff members. The Editor shall maintain financial and other records as may be required by the Board of Directors.

8.2.4 Perform other duties as assigned by the President.

8.3.1 Manage the National office in support of EPA members under the direct supervision of the President and the members of the Board of Directors.

8.3.2 Be the primary custodian of all records, of whatever nature, which are the property of the European Polygraph Association.

8.3.3 Perform other duties as assigned by the President and the Board of Directors.

9.1.1 The Ethics and Grievance Committee

— 9.1.1.1 The Ethics and Grievance Committee receives and expeditiously, fairly, and impartially investigates all allegations of misconduct against members of the Association. An ethics or grievance investigation shall be initiated by filing a complaint. All complaints shall be in writing, signed by the complainant, and sent to the Chair of the Committee. The Committee shall not consider, investigate, nor act upon any allegation that does not meet these criteria.

— 9.1.1.2 Upon receipt of the complaint, the Chair of the Committee shall determine whether the complaint sets out an allegation of an ethical violation. If the Chair determines that the complaint does not set out an allegation of an ethical violation, the Chair will notify the Board and with concurrence will notify the complainant.

— 9.1.1.2.1 If the Chair determines that the complaint sets out an allegation of an ethical violation, the Chair shall forward the complaint to the accused member requesting a written response to the complaint along with a request for any other documentation deemed necessary for investigation of the complaint.

— 9.1.1.2.1.1 The accused member shall have thirty (30) days, or such longer time as granted by the Chair, from the receipt of the complaint to respond, in writing, to the Chair. Failure to provide requested information to the Grievance Committee shall be grounds for probation, suspension, termination of membership or other appropriate action.

— 9.1.1.3 Upon receipt of the written response, the Chair shall, along with any investigation deemed necessary, determine if the complaint is without merit and should be dismissed or whether disciplinary proceedings should be initiated. With Board concurrence that the complaint is without merit, the Committee Chair or his/her appointed Committee representative shall notify the complainant and accused member, in writing, of that decision.

— 9.1.1.3.1 If a disciplinary proceeding is initiated; the accused member shall have thirty (30) days from the date of notification by the Chair to request a hearing. Such request shall be in writing and addressed to the Chair. The Chair shall, after receipt of the accused member’s request for a hearing, conduct or appoint a member of the Committee to conduct the hearing. The accused member shall have at least ten (10) days written notice of the time, place, and date of the hearing. The accused member shall have the right to legal counsel or other advocate and may call witnesses to provide evidence on his/her behalf. The Committee Chair or appointed Committee representative may examine witnesses called by the accused member and may call other witnesses as deemed necessary.

— 9.1.1.3.1.1 If the accused member fails to request a hearing or fails to appear at a hearing subsequent to a request for such, the Chair or appointed Committee representative shall proceed with an investigation as deemed necessary to make findings and recommendations.

— 9.1.1.4 Upon consideration of the evidence and testimony, the Chair or Committee representative shall submit this findings and recommendations to the full Committee for review and comment. The Committee shall determine whether to accept, reject or modify the finds and recommendations. The Chair shall be governed by a majority vote of the Committee and shall notify the accused member, in writing, of its findings and recommendations.

— 9.1.1.5 If disciplinary action is recommended, the Chair or his/her appointed Committee member representative, shall present the evidence, findings and recommendations to the Board of Directors who shall, by majority vote, determine whether disciplinary action is to be taken against the member, and the nature of the disciplinary action.

— 9.1.1.5.1 The Board of Directors may publicly or privately censure, suspend, terminate membership in the Association or take other appropriate action. The Board shall notify the accused member, in writing, of the Board’s decision. The Board shall advise the complainant if disciplinary action was taken.

— 9.1.1.6 The accused member may appeal to the Board when that appeal is based on information previously submitted during the inquiry process. The accused member may not base an appeal on information previously withheld.

— 9.1.1.7 Except as otherwise contemplated by the Constitution and By-laws; information obtained by the Grievance Committee is considered confidential and should not be released outside the Committee or Board of Directors.

— 9.1.1.8 If an ethics or grievance complaint is filed by or against a member of the Ethics and Grievance Committee or a member of the Board of Directors, that member shall recuse himself or herself from investigation or consideration of the complaint.

— 9.1.1.9 The Ethics and Grievance Committee performs other duties as assigned by the President of the Board of Directors.