Procedure for Termination or Other Disciplinary Action Against Members
Article III, Section 5 of the ACRM Bylaws permits the Board of Governors to terminate membership or impose other disciplinary action for cause.
The Bylaws provide that sufficient cause for such termination of membership or other discipline shall be a violation of the Bylaws or any rule or practice of the Congress or actions which, in the determination of the Board of Governors, may diminish the good name or good will of the Congress.
Any complaint against a member received by staff or members of ACRM will be forwarded to the CEO, provided, that if the CEO is the subject of the complaint, the complaint will be forwarded to the President, who will perform the duties of the CEO in this process.
The CEO will send to the complainant a copy of the ACRM Complaint Form requesting the complainant to complete it. The Complaint Form will state that the Form, with the identity of the complainant shown, will be sent to the ACRM member against whom the complaint is filed (the defendant) to provide an opportunity to respond.
After the completed Complaint Form has been received, the CEO will forward the Complaint Form, and any documents provided therewith, to the defendant and provide an opportunity to respond. The defendant will be given at least 10 days to respond, but no more than 30.
When the CEO has received a response from the defendant, the CEO will forward the Complaint Form, any supporting documents, the response to the President for evaluation. The President may dismiss a complaint and so notify the complainant if the complaint does not warrant consideration by the entire Board of Governors, that is, if the complaint or the response demonstrates that there is insufficient cause as defined in the Bylaws to support a termination or other disciplinary action.
If the President determines that there is sufficient cause, the President will first survey the Board with respect to conflicts of interest. Any voting member of the Board of Governors who has a close personal relationship, business relationship or other conflict of interest with either the complaint or the defendant will recuse himself or herself from the process.
The President will distribute the complaint, the response and any supporting documentation to the voting members of the Board of Governors having no conflict, under instructions to keep all material confidential and to refrain from discussing the matter except when the Board of Governors is in session.
The Board of Governors (having no conflict) shall discuss the complaint at an in-person or telephonic meeting and proceed with one of the following options (i) termination; (ii) other disciplinary action; (iii) issuance of an invitation to the defendant to provide additional information or to appear in person or by telephone before the Board of Governors. The Board of Governors with conflict will be recused and will not attend this meeting or review material that is confidential or participate in Board discussions.
The Board of Governors may direct staff or legal counsel to obtain additional information from public records. Interviews of the complainant or any other witnesses should be undertaken only on advice of legal counsel.
If additional input is sought or an opportunity for an appearance, the Board of Governors will schedule and discuss the complaint at another in-person or telephonic meeting. If an appearance is scheduled, the defendant will be offered one-half hour to present his defense. The defendant may have legal counsel speak on his or her behalf. The Board of Governors may ask questions, but will not answer questions from the defendant, except about process.
The defendant will be notified in writing as to the decision of the Board of Governors. The defendant may appeal any disciplinary action or termination to a panel convened by the President by notifying the President of his or her intention to appeal within 30 days of the date of the notification of Board action sent to the defendant.
The complainant should be notified of the decision when it is final or no longer appealable.
Appeals
The President shall convene a panel of three persons, from the ACRM membership, who are free from conflicts of interest with respect to both the complaint and the defendant. If the President has a conflict, then the duty shall pass to the Past-President, and then to the President-Elect. The appeals panel shall review all documents provided to the Board of Governors with respect to the complainant and the defendant, and shall determine whether the termination or other disciplinary action shall be confirmed, revoked, or revised. The defendant shall be notified in writing of the determination of the appeals panel.
Meetings of the appeals panel will be held telephonically.
The decision of the appeals panel is final.
