TAS Procedure for Addressing Misconduct

Approved by the Board of Directors on September 14, 2024

I. The TAS Rules of Conduct were approved by the Executive Committee on August 4, 2024 and are available on the TAS website.

II. The Executive Committee, serving as the Ethics Committee, is responsible for addressing any report that a TAS member has violated the Rules of Conduct.

III. Reporting Misconduct

A. Complaints may be reported by a person who has experienced misconduct or by someone who is aware of misconduct by a member of TAS.

B. The person submitting the complaint does not have to be a member of TAS.

C. Complaints may be reported anonymously.

D. Complaints may be reported verbally or in writing to any member of the Ethics Committee.

IV. As soon as possible but within 24 (twenty-four) hours of the complaint, the President, acting as Chair of the Ethics Committee, shall notify all members of the Ethics Committee that a complaint has been reported.

V. As soon as possible but within 24 (twenty-four) hours after the Ethics Committee has been notified, the President will notify the accused member, verbally or in writing, that a complaint has been reported and will describe the next steps. The name of the person (if known) who made the complaint may remain anonymous.

VI. As soon as possible but within 7 (seven) days of notification of the complaint, the Ethics Committee will meet in Executive Session, in person or virtually, and:

A. Determine the specific provision(s) of the Rules of Conduct that have potentially been violated;

B. Request additional information if necessary. This information may be requested from the accused member, the person (if known) submitting the complaint, or other individuals as the Ethics Committee deems appropriate.

C. Decide by majority vote one of the following:

1. The complaint does not represent a violation of the Rules of Conduct. No further action will be taken.

2. The complaint does represent a violation of the Rules of Conduct and the Ethics Committee will address the violation without action from the Board of Directors.

3. The complaint does represent a violation of the Rules of Conduct and the Ethics Committee recommends that the Board of Directors meet to evaluate the complaint. The committee shall prepare a report describing the violation and file the complaint with the Board of Directors.

D. Notify the accused member about the outcome of the meeting and describe the next steps. The person (if known) who made the complaint will be notified. They may be notified in writing or in person.

VII. If a complaint is filed to the Board of Directors by the Ethics Committee, the Board will conduct their evaluation during an Executive Session and vote whether to move forward with formal charges. If the Board votes not to move forward, the accused member will be notified in writing. The person (if known) who filed the complaint will be notified in writing.

VIII. If the Board of Directors votes by majority to move forward with formal charges, the Board of Directors shall send the accused member a written notice, sent by registered mail to the member’s last known post office address, including:

A. A description of the formal charges signed by the President.

B. Copies of the Rules of Conduct and the Procedure for Addressing Misconduct.

C. Notice that the member may be expelled from TAS if the Board finds that the complaint merits such action.

D. Notice that the member may request a formal hearing with the Board of Directors by a specified date, which shall not be less than twenty days from the date of the mailing of the notice. The member must send the request for a hearing to the President by registered mail. The person (if known) who filed the complaint will be notified that a hearing has been requested.

IX. If within the period of time provided, the accused member makes no written request for a formal hearing, mailed to the President by registered mail, the Board of Directors will make a final determination by a majority vote in Executive Session at any regular or special Board meeting and shall give written notice of its decision to the accused member. The person (if known) who filed the complaint will be notified in writing.

X. Within the period of time provided, the accused member may send a letter by registered mail addressed to the President, waiving a personal appearance and requesting that the Board of Directors adjudge the matter without a hearing. The accused member may submit a written statement of defense along with the letter.

XI. If within the period of time provided, the accused member does make a written request to the President for a formal hearing:

A. The Board shall set a date within three weeks of notifying the member in writing by registered mail, of the date, time, and place of the hearing so that the member may appear and present evidence.

B. The accused member may be represented by legal counsel, if desired.

C. If the accused member requests it, the hearing may be conducted virtually (through conference call, video connection, etc.).

D. Any form of written or oral evidence may be received and considered at the hearing. Any questions pertinent to the charges that the accused member asks will be answered insofar as it is possible to do so.

E. Upon completion of the hearing, the Board in Executive Session, by a 2/3 vote, may expel the member, or by a majority vote the accused may be exonerated of all charges. If the exoneration vote fails, a motion may be made for resolution of the charges in another manner, which will require a majority vote for enforcement. (See below for examples of possible other resolution scenarios).

XII. The decision of the Board shall be made within thirty days of the hearing and the accused member shall be notified in writing of the action of the Board. The person (if known) who filed the complaint will be notified of the final outcome in writing.

XIII. Resignation: Acceptance by the Board of Directors of the resignation of the accused member from the Society at any stage of the foregoing prescribed procedure shall automatically terminate the proceedings.

Examples of possible resolution scenarios:

•  Probation period for a length of time which would require another meeting of the Board to decide if all conditions of probation had been met.

•  Completion of appropriate training.

•  Submission of a written apology to member affected by actions of accused.

Please click on the link to download a copy of the Rules of Conduct and Procedure for Addressing Misconduct. PDF of Rules of Conduct