The Code applies to the professional
activities of all ASLA professional members (herein, referred to
as Members).
Anyone directly aggrieved by the conduct of a Member
may file a complaint along with supporting documentation with the
ASLA Ethics Committee (the Committee) within one (1) year of the
alleged violation. The Committee may extend the time limit if
deemed equitable under the particular circumstances.
Complaints shall be made only for alleged violations
(hereafter, referred to as violations) of the Rules and may not
be made for violations of the Ethical Standards of the Code. Complaints shall be made against an individual Member or Members
and not against firms, associations, or other bodies. Anonymous complaints will be disregarded.
The complaint shall be submitted in writing to
the Ethics Committee at ASLA national headquarters and shall include
the following:
§
The name, address, phone number, fax number, and e-mail address
of the complainant.
§
The name, address, phone number, fax number, and e-mail address
of the respondent.
§
The circumstances giving rise to the complaint, including dates
of violations, supporting information and exhibits, and references
to the Rules violated. The
complaint shall contain all relevant information, including any
third-party statements or exhibits that the Committee would need
to make a fair determination; the resolution of the complaint will
rely solely on the written record.
§
A list of pending actions against the respondent, or against the
complainant by the respondent, in relation to the complaint, such
as lawsuits, alternative dispute resolution procedures, or professional
licensing board or other regulatory proceedings.
§
If the complaint is being filed more than one (1) year after the
violation, the submission shall include the reasons why the filing
is late and why an extension of the filing requirements should be
granted.
The complainant, by filing the complaint, agrees
to confidentiality with regard to the complaint and shall avoid
public disclosure or discussion of the complaint.
A breach of confidentiality may result in the complaint being
dismissed.
After review and consideration of the information
submitted, the Committee will: (1) determine that a violation may
have occurred and accept the complaint; or (2) determine that no
violation appears to have occurred and decline to accept the complaint.
If the complaint is declined, an amended complaint with additional
information may be submitted. The determination of the Committee
is final if the amended complaint is declined.
On acceptance of the complaint by the Committee,
the complainant shall be informed that the complaint is accepted
and the respondent shall be provided with a copy of the complaint. The respondent shall have sixty (60) days to reply to the complaint.
The response shall be submitted in writing to the Ethics
Committee at ASLA national headquarters and shall include the following:
§
Admittance or denial of the complaint. If the respondent admits to the complaint,
actions taken to become compliant with the Code.
§
Factual information in defense of the complaint, including supporting
information and exhibits. The
response shall contain all relevant information, including any third-party
statements or exhibits that the Committee would need to make a fair
determination; the resolution of the complaint will rely solely
on the written record.
§
A list of pending actions against the complainant, or against the
respondent by the complainant, in relation to the complaint, such
as lawsuits, alternative dispute resolution procedures, or professional
licensing board or other regulatory proceedings, and any reasons
why the resolution of the complaint should be deferred.
If no response is received within sixty (60) days,
notice shall be given to the respondent and an additional ten (10)
days shall be given for a reply.
Failure to respond or an unresponsive reply may result in
the complaint being resolved in favor of the complainant.
The respondent shall keep the complaint confidential
and avoid public disclosure or discussion of the complaint. A breach of confidentiality may result in the
complaint being resolved in favor of the complainant.
The Committee will provide the complainant with
a copy of the reply. The
complainant shall have thirty (30) days from the date of the Committee’s
transmittal of the reply to the complainant to rebut the reply.
Copies of the rebuttal shall be provided to the Committee,
which will provide a copy to the respondent.
The respondent shall have thirty (30) days from the date
of the Committee’s transmittal of the rebuttal to the respondent
to reply to the rebuttal. The Committee will provide a copy of the reply
to the complainant.
On acceptance of the complaint and response, and
receipt of a rebuttal and reply if filed, the Committee will consider
the complaint, issue findings, and make a determination.
The Committee may determine that no violation occurred and
dismiss the complaint. If the Committee determines that a violation has occurred, it shall:
1.
Issue a confidential Letter of Admonition. This action shall be binding unless appealed
to the Executive Committee, which will review all information submitted
by the parties and render a binding and final decision within sixty
(60) days of receipt of the appeal that (1) upholds the Committee’s
action or (2) retracts the Committee’s action and dismisses the
complaint.
2.
Or, refer the matter to the Executive Committee with a recommendation
to issue a Letter of Censure. The
Executive Committee will review all information submitted by the
parties and (1) accept the recommendation of the Committee and issue
a Letter of Censure, or (2) dismiss the complaint, or (3) increase
the recommended sanction against the respondent, or (4) refer the
matter back to the Committee to issue a confidential Letter of Admonition.
The action of the Executive Committee shall be binding unless
appealed to the Board of Trustees, which will review all information
submitted by the parties and render a binding and final decision.
3.
Or, refer the matter to the Executive Committee with a recommendation
for Probationary Suspension of Membership. The Executive Committee will review all information
submitted by the parties and (1) accept the recommendation of the
Committee and specify a Probationary Suspension of Membership, or
(2) dismiss the complaint, or (3) increase the recommended sanction
against the respondent, or (4) reduce the recommended sanction against
the respondent. During a suspension, the former Member shall
be prohibited from using an ASLA designation.
The action of the Executive Committee shall be binding unless
appealed to the Board of Trustees, which will review all information
submitted by the parties and render a binding and final decision.
4.
Or, refer the matter to the Executive Committee with a recommendation
for Expulsion from the Society.
The Executive Committee will review all information submitted
by the parties and (1) accept the recommendation of the Committee
and expel the respondent from the Society, or (2) dismiss the complaint,
or (3) reduce the recommended sanction against the respondent.
Expulsion from the Society shall be a permanent termination
of membership and all privileges of membership and a forfeiture
of dues paid and all connection with the national
Society and any applicable chapter.
The action of the Executive Committee shall be binding unless
appealed to the Board of Trustees, which will review all information
submitted by the parties and render a binding and final decision.
Notice of a decision shall be provided to both
the complainant and the respondent.
The respondent may appeal as provided
above; such appeal shall be made within sixty (60) days of the date
of notice of a decision. The complainant may not appeal the dismissal
of a complaint or any other decision of the Committee or the Executive
Committee.
Appeals to the Board of Trustees shall be entrusted
to a subcommittee of the board composed of a chair and four (4)
members appointed by the president on a case-by-case basis.
The chair and subcommittee members shall be duly elected,
currently serving chapter trustees representing chapters other than
the one or ones from which the complaint arises.
Trustees shall decline appointment if there is any question
as to their impartiality and resign from the subcommittee if such
question arises after appointment.
Resolution of appeals will be based solely on the
written record. The subcommittee
of the Board of Trustees will review all information submitted by
the parties and render a binding and final decision within sixty
(60) days of receipt of the appeal that (1) upholds the Executive
Committee’s action, or (2) retracts the Executive Committee’s action
and dismisses the complaint, or (3) increases the sanction against
the respondent, or (4) reduces the sanction against the respondent.
Official notice of Censure, Probationary Suspension,
or Expulsion will be published in the Society’s newsletter, Landscape
Architecture News Digest (LAND), if a decision is not appealed
within sixty (60) days of the date of notice to the complainant
and the respondent or following notice to the complainant and the
respondent of a binding and final decision by the appointed subcommittee
of the Board of Trustees. |
