Code of Professional Ethics

ES1.1  Members should understand and honestly obey laws governing their professional practice and business affairs and conduct their professional duties within the art and science of landscape architecture and their professional Society with honesty, dignity, and integrity.

R1.101 Members shall deal with other Members, clients, employers, employees, the public, and others involved in the business of the profession and the Society with honesty, dignity, and integrity in all actions and communications of any kind.

R1.102 Members shall not, in the conduct of their professional practice, engage in discrimination or harassment on the basis of age, color, disability, gender, marital status, national origin, race, religion, sexual orientation, veteran status, or any other protected class.

R1.103 Members shall not violate any federal, state, or local laws or regulations (“Laws”) in the conduct of their professional practice, including Laws in the areas of antitrust, employment, environmental and land-use planning, and those governing professional practice.   

R1.104 Members shall not give, lend, or promise anything of value to any public official or representative of a prospective client in order to influencethe judgment or actions in the lettingof a contract of that official or representative of a prospective client.   

R1.105 Members on full-time government employment shall not accept private practice work with anyone doing business with their agency or with whom the Member has any government contact on matters involving applications for grants, contracts, or planning and zoning actions.  In the case of private practitioners elected or appointed to government positions or others doing business or having alliances with those doing business with their board, council, or agency, they must disqualify and absent themselves during any discussion of these matters.   

R1.106 Members shall recognize the contributions of others engaged in the planning, design, and construction of the physical environment; shall give them appropriate recognition and due credit for professional work; and shall not maliciously injure or attempt to injure the reputation, prospects, practice, or employment position of those persons so engaged.  Credit shall be given to the design firm of record for the use of all project documents, plans, photographs,sketches, reports, or other work products developed while under the management of the design firm of record.  Use of others’ work for any purpose shall accurately specify the role of the individual in the execution of the design firm of record’s work.

Commentary: Members representing views opposed to another Member’s views shall keep the discussion on an issue-oriented, professional level.  

R1.107 Members shall not mislead, through advertising or other means, existing or prospective clients about the result that can be achieved through use of the Member’s services or state that they can achieve results by means that violate the Code or the law.   

Commentary: So long as they are not misleading, advertisements in any medium are permitted by the Code.    

R1.108 Members shall not accept compensation for their services on a project from more than one party unless all parties agree to the circumstances in writing.   

R1.109 Members shall not misrepresent or knowingly permit the misrepresentation of their professional qualifications, capabilities, and experience to clients, employers, or the public or be a party to any exaggerated, misleading, deceptive, or false statements or claims by the firms, agencies, or organizations that employ them.   

Commentary: Members shall not take credit for work performed under the direction of a former employer beyond the limits of their personal involvement and shall give credit to the performing firm. Employers should give departing employees access to work that they performed, reproduced at cost, and a description of the employee’s involvement in the work should be noted on each product and acknowledged by the employer.    

R1.110 Members shall not reveal information obtained in the course of their professional activities that they have been asked to maintain in confidence or that could affect the interests of another adversely. Unique exceptions may include: (i) disclosures necessary to stop an act that creates a significant risk of harm or threat to public health, safety, and/or welfare; or (ii) disclosures necessary to comply with applicable Laws, legal process, or the Code.   

R1.111 Members shall not copy or reproduce the copyrighted works of others without prior written approval by the author of the copyrighted work.   

R1.112 Members shall not seek to void awarded contracts for a specific scope of service held by another Member.   

Commentary: This shall not prohibit competition for the original or subsequent contracts or prohibit a client from employing several Members to provide the same scope of service.    

R1.113 Members shall not seek to obtain contracts, awards, or other financial gain relating to projects or programs for which they may be serving, or may have served, in an advisory or critical capacity.   

Commentary: This does not prevent a Member from seeking an award or contract for a project over which the Member has or had no influence or role in its formulation, development, selection, approval, supervision or any other role that could create a conflict of interest.

ES1.2  Members should seek to make full disclosure of relevant information to actual and prospective clients, the public, and other interested parties who rely on their advice and professional work product.

R1.201  Members making public statements on landscape architectural issues shall disclose compensation other than fee and their role and their economic interest, if any, in a project.

R1.202  Members shall make full disclosure during the solicitation and conduct of a project of the roles and professional status of all project team members and consultants, including professional degrees, state licenses, professional liability insurance coverage, and any other potential material limits to qualifications.

R1.203  Members shall make full disclosure to the client or employer of any financial or other interest that bears on the service or project.

R1.204  Members shall convey to their clients their capacity to produce the work, their availability during normal working hours, and their ability to provide other construction or supervisory services.

ES1.3  Members should endeavor to protect the interests of their clients and the public through competent performance of their work and participate in continuing education, educational research, and development and dissemination of technical information relating to planning, design, construction, and management of the physical environment.

R1.301  Members shall undertake to perform professional services only when education, training, or experience in the specific technical areas involved qualifies them, together with those persons whom they may engage as consultants.

R1.302  Members shall not sign or seal drawings, specifications, reports, or other professional work for which they do not have direct professional knowledge or direct supervisory control.

R1.303  Members shall continually seek to raise the standards of aesthetic, ecological, and cultural excellence through compliance with applicable state requirements for continuing professional education.

R1.304  Public discussion of controversial projects and issues shall be conducted on a professional level and shall be based on issue-oriented, factual analysis.

ES2.1 Members should strive to exemplify the ASLA Code of Professional Ethics in their practice.

R2.101 Members having information that leads to a reasonable belief that another Member has committed a violation of the Code that raises a substantial question as to that Member’s honesty, trustworthiness, or fitness as a landscape architecture professional in other respects, shall report such information to the Member’s employer, an appropriate professional authority, or the Society.

Commentary: Often a landscape architecture professional can recognize that the behavior of another poses a serious question as to the other’s professional integrity or fitness or as a landscape architecture professional. It is the duty of the professional to bring the matter to the attention of an authority that can take appropriate action, which may be the Member’s employer, a licensing board, law enforcement, and/or the ASLA Ethics Committee, or other appropriate recipient of the report. If in doubt, the Member reporting under this Rule should seek counsel prior to making such a report.  

R2.102 The seal or logo of the American Society of Landscape Architects shall be used only as authorized by ASLA, as specified in the ASLA Bylaws.

R2.103 Members shall adhere to the specific applicable terms of the ASLA Bylaws regarding use of references to ASLA membership. 

Commentary: Members are encouraged to use the appropriate ASLA designation after their names.

R2.104  Members shall not make any fraudulent or knowingly false statement to ASLA, submit fraudulent documents to ASLA, engage in violent, threatening, harassing, obscene, profane, or abusive communications with ASLA or ASLA’s agents, or fail to cooperate with or respond to inquiries from ASLA related to the Member’s own or another’s compliance with Codes, Bylaws, or policies, in connection with any Ethics proceedings.

ES2.2 Members should understand and endeavor to uphold the Ethical Standards of the ASLA Code of Environmental Ethics as a framework to guide members’ professional practice.

ES2.3 Members are encouraged to serve on elected or appointed boards, committees, or commissions.

R2.301 Members who are elected or appointed to review boards, committees, and commissions shall seek to avoid conflicts of interest and the appearance of conflicts of interest; shall disclose such conflicts, if any; and shall comply with state and local rules and policies with regard to conflict of interest. Members serving on such boards, committees, and commissions shall disqualify themselves in accordance with rules of ethics and this Code and shall not be present when discussion is held relative to an action in which they or their immediate family members have a financial interest. A Member shall make full disclosure and request disqualification on issues, if any, that could involve a potential conflict of interest.

The Code applies to the professional activities of all ASLA members and to their dealings with the Society. All times listed within these Rules of Procedure are based on calendar days and calendar years.

Definitions

Code- the ASLA Code of Professional Ethics

Committee- the ASLA Ethics Committee

Complaint- a filing to the Committee about a Rule Violation

Complainant- a Member or anyone who has probable cause to believe that a Member has committed a Violation

Member- a member of ASLA

Pending Legal Action- lawsuits, alternative dispute resolution procedures, or professional licensing board or other regulatory proceedings

Respondent- a Member who is the subject of a Complaint

Rule- an objective practice in the Code, the violation of which could result in disciplinary action by the Society

Society - ASLA

Violation- action in opposition to a Code Rule

Process

Complaints may be filed with the Committee by either Complainants or the Executive Committee of the Society on its own initiative. The Committee encourages filing Complaints promptly and with supporting documentation.  Complaints may only be made for alleged Violations of the Rules and not for violations of the Ethical Standards of the Code. Complaints may be made against one or more Respondents but not against firms, associations, or other bodies.  The Committee reserves the right to dismiss any Complaint filed more than one (1) year after the alleged Violation unless the Complainant explains the reason for the delay and why the Complaint should be considered by the Committee. Anonymous Complaints may be disregarded.  

 If someone has questions about whether something is a possible Complaint, they may submit an inquiry to the Committee.

The Complaint shall be submitted in writing, signed and certified as to accuracy, to the Committee at ASLA national headquarters and shall include, to the extent available, the following:

• The name, address, phone number, and email address of the Complainant.
• The name, address, phone number, and email address of the Respondent.
• The facts and circumstances giving rise to the Complaint, including dates of alleged Violations, supporting information and exhibits, and references to the Rules that may have been violated. The Complaint should contain all relevant information, including third-party statements or exhibits, if any, that the Committee would need to consider in making a fair determination, provided that such third-party statements and exhibits do not result in a breach of confidentiality. The Committee may take notice of publicly available information, but it is the obligation of Complainants to provide evidence and information supporting their allegations.  The Committee may request that Complainants submit additional information.  The determination of the Committee will be made solely on the written record.
• A statement about whether the Complainant has reported the alleged Violation to any other investigative or disciplinary entity or to the Member’s employer, and, if so, the status of that other report.
• A list of Pending Legal Actions against the Respondent, or against the Complainant by the Respondent, in relation to the Complaint.

ASLA has an interest in preserving and protecting the privacy of all individuals involved in a complaint against a Member and related information. ASLA also has an interest in protecting the Society from unauthorized disclosure during the pendency of review of a complaint, as well as in preventing the Committee process from being used as leverage in disputes or disagreements between or against Members.  The Complainant, by filing the Complaint, agrees to keep all aspects of the Complaint and the review process confidential and shall avoid any public disclosure that would result in the Complaint or the review process becoming known to anyone other than the Respondent or a legal representative of the Complainant or Respondent, prior to any publicly reportable sanction against the Respondent. A breach of confidentiality may result in the Complaint being dismissed.  The Complainant is not restricted, however, in discussing or reporting the factual allegations contained in the Complaint, without reference to ASLA.

The Committee may dismiss complaints that do not include the required information or that do not allege facts that would constitute a Violation. The Committee may choose to address ethical issues before a legal or regulatory review or third-party investigation has been completed. The Committee has the sole discretion to determine which complaints should be pursued, how they should be pursued, and what action, if any, should be taken, in accordance with these procedures.  The Committee may also in its sole discretion defer a matter that would be more amenable to legal or regulatory review (e.g., a court, mediator, employer, or state licensing board) or pending the outcome of any third-party investigation, and address the ethical issues after the legal or regulatory review or third-party investigation is completed, but the Committee may also choose to address ethical issues before a legal or regulatory review or third-party investigation has been completed.

After review and consideration of the information submitted, the Committee will either: (1) determine that there are reasonable grounds to believe that a Violation may have occurred and accept the Complaint for further consideration; or (2) determine that there is no reasonable basis to believe that a Violation occurred and decline to accept the Complaint based upon the obvious triviality of the alleged Violation, incomplete information, or that the factual allegations do not on their face constitute a Violation. If the Complaint is declined on the basis of incomplete information, an amended Complaint with additional information may be submitted by the Complainant within thirty (30) days of receipt of notice of dismissal. If an amended Complaint is submitted and declined by the Committee, that determination is final.

On acceptance of the Complaint by the Committee, the Complainant shall be informed that the Complaint is accepted.  Unless the Complainant chooses to withdraw the complaint, the Respondent shall be notified of the Complaint and provided with a copy of the allegations in the Complaint and any supporting documentation. The Respondent will ordinarily be informed of the identity of the Complainant.  (Under exceptional circumstances, the Committee reserves the right in its sole discretion to keep the Complainant’s identity confidential throughout the entire process, upon a clear likelihood of risk to the Complainant if the Complainant’s identity were revealed to the Member against whom the Complaint was filed, unless doing so would deprive the Member of a meaningful ability to respond to the allegations in the Complaint.) The Respondent shall have sixty (60) days to reply to the Complaint. The response shall be submitted in writing to the Committee at ASLA national headquarters, signed and certified as to accuracy, and shall include the following:

• Admittance or denial of the Complaint. If the Respondent admits that the facts alleged in the Complaint are true and the conduct alleged in the Complaint occurred, the Respondent shall describe and provide evidence to show what actions have been taken to become compliant with the Code and/or to remedy the Violation.
• Factual information in defense of the action(s) that led to the Complaint, including supporting information and exhibits. The response shall contain all relevant information, including third-party statements or exhibits, if any, that the Committee would need to consider in making a fair determination, provided that such third-party statements and exhibits do not result in a breach of confidentiality. The determination of the Committee will be based solely on the written record and, if relevant, publicly available facts.
• A list of Pending Legal Action by a government agency, if any, or against the Complainant, or against the Respondent by the Complainant, in relation to the Complaint.  If the Respondent requests deferral of further processing of the Complaint by the Committee due to Pending Legal Action, the Respondent shall explain the reasons therefore.  In response to such a request by the Respondent, or on its own initiative, the Committee may at any time defer further proceedings until resolution of the Pending Legal Action if the Committee determines, in its discretion, that such deferral is in the Society’s best interest.

If no response is received from the Respondent within sixty (60) days, notice shall be given to the Respondent and an additional ten (10) days shall be given for a reply. If the Respondent does not submit a timely response, the Committee may make a determination without the Respondent’s response.

Subject to disclosures that may be required or permitted in connection with a Pending Legal Action, if any, or as necessary to gather information needed to respond to the Complaint, the Respondent shall keep all aspects of the Complaint and the review process confidential and shall avoid any public disclosure or discussion that would result in the Complaint or the review process becoming known to anyone other than the Complainant or a legal representatives of the Complainant or Respondent, while the matter is pending. A breach of confidentiality during the proceeding may constitute a separate violation of the Rules.

Depending on the nature of the alleged Violation, the Committee may in its discretion provide the Complainant with a copy of the reply. In such instances, 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 Respondent’s surrebuttal to the Complainant.

On acceptance of the Complaint and reply, and receipt of a rebuttal and surrebuttal, if filed, the Committee will consider the matters at issue, make findings, and make a determination. The Committee will rely on the factual findings in licensing board actions, criminal conviction records, and civil judgments and may also rely on findings from other third-party investigations. The Committee will not reach a contrary factual determination to the factual findings in a licensing board and/or judicial record but may independently assess whether the factual findings constitute a Violation of the Rules and what sanctions may be appropriate. The Committee may also impose discipline based on evidence produced in investigations by licensure agencies in cases in which discipline is imposed by stipulated agreement in lieu of a disciplinary hearing.

 If a Complaint is made against a person who was Member at the time of the alleged Violation but is no longer a Member, the Society reserves the right to process the Complaint, make findings, and impose sanctions that would go into effect if the Respondent again applies for ASLA membership.  In such cases, the findings will become part of the Respondent’s file.  

If a Respondent’s ASLA membership lapses for any reason during the pendency of review of a Complaint, the Committee may in its discretion continue the proceeding or defer decision until such time, if any, that the Respondent applies again for membership with ASLA.

If the Committee determines that there are insufficient facts to support a finding that the alleged conduct occurred and/or that the alleged conduct, if it occurred, would not constitute a Violation of the Rules, it will dismiss the Complaint with no possibility of further action by ASLA. If the Committee determines that it is more likely than not that a Violation has occurred, it will either:

1. Issue a confidential Letter of Admonition. This action shall be binding unless appealed to the ASLA Executive Committee, which will review all information submitted by the Complainant and Respondent and render a binding and final decision within sixty (60) days of receipt of the appeal that either: (1) upholds the Committee’s action or (2) retracts the Committee’s action and dismisses the Complaint.  A Letter of Admonition will not be publicized by ASLA, except for notification of the decision to the Complainant; Letters of Admonition will go into the Respondent’s file for future consideration regarding matters before the Committee.  Receipt of a Letter of Admonition does not result in loss of the Respondent’s good standing with ASLA.
2. Refer the matter to the ASLA Executive Committee with a recommendation to issue a public Letter of Censure. The ASLA 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) increase the recommended sanction against the Respondent, or (3) refer the matter back to the Committee to issue a confidential Letter of Admonition, or (4) dismiss the Complaint. The action of the ASLA Executive Committee shall be binding unless appealed to the ASLA Board of Trustees, which will review all information submitted by the Complainant and Respondent and render a final and binding decision.
3. Refer the matter to the ASLA Executive Committee with a recommendation for Probationary Suspension of Membership. The ASLA Executive Committee will review all information submitted by the Complainant and Respondent and (1) accept the recommendation of the Committee and specify a Probationary Suspension of Membership, or (2) increase the recommended sanction against the Respondent, or (3) reduce the recommended sanction against the Respondent, or (4) dismiss the Complaint. During a Probationary Suspension, the former Member shall be prohibited from using an ASLA designation. The action of the ASLA Executive Committee shall be binding unless appealed to the ASLA Board of Trustees, which will review all information submitted by the Complainant and Respondent and render a final and binding decision. In addition, and notwithstanding the foregoing, in order for an individual placed on Probationary Suspension to be eligible to re-apply for membership in the Society in any capacity, he or she shall have conducted himself or herself in a manner that is consistent with the Rules throughout the period of the Probationary Suspension. Upon the expiration of the period of the Probationary Suspension of Membership, the former Member may re-apply for membership in any capacity by submitting a Membership Application to ASLA.  If ASLA is in possession of information that the former Member has acted in a manner inconsistent with the Rules at any time during the period of the Probationary Suspension, it may hold the Membership Application in abeyance and refer the matter to the Committee.  The Committee shall thereafter notify the former Member of the allegations, which notice shall be sent via regular mail sent to the residential address listed in the application, and if no such address is provided, the former Member’s last known residential address as reflected in the records of the Society.  The former Member shall have sixty (60) days from the date of mailing to submit a written response, which may include supporting information and exhibits.  The former Member shall keep all aspects of the matter confidential.  If no response from the former Member is received, the Committee may render a decision based on the information in its possession.  If the Committee determines that the former Member has acted in a manner inconsistent with the Rules, the Committee may: (i) refer the matter to the ASLA Executive Committee with a recommendation for denial of reinstatement of Membership and Expulsion from the Society, as set forth below; (ii) refer the matter to the ASLA Executive Committee with a recommendation for denial of the Membership Application and extension of the Probationary Suspension for a period that it deems appropriate under the circumstances; or (iii) take no action and permit the application for Membership to proceed if it determines in its sole discretion that the conduct was immaterial or excusable and unlikely to recur.  ASLA shall notify the former Member of the ASLA Executive Committee’s decision via regular mail sent to the former Member’s last known residential address as reflected in the records of the Society, which notice shall advise the individual of his or her right to appeal within 30 days of mailing.  The action of the ASLA Executive Committee shall be binding unless appealed to the ASLA Board of Trustees, which will review all information submitted to the Committee in connection with the matter and render a final and binding decision.
4. Refer the matter to the ASLA Executive Committee with a recommendation for Expulsion from the Society. The ASLA Executive Committee will review all information submitted by the Complainant and Respondent and either (1) accept the recommendation of the Committee and expel the Respondent from the Society, or (2) reduce the recommended sanction against the Respondent, or (3) dismiss the Complaint. Expulsion from the Society shall be a permanent termination of membership, including rescission of individual awards and/or medals conferred by the Board of Trustees and all privileges of membership and a forfeiture of dues paid and all connection with the national Society and the applicable chapter. The action of the ASLA Executive Committee shall be binding unless appealed to the ASLA Board of Trustees, which will review all information submitted by the Complainant and Respondent and render a final and binding decision.

Notice of a determination by the Committee shall be provided to both the Complainant and the Respondent.  A Complainant who has been notified that a Respondent has received a confidential Letter of Admonition may not disclose the sanction other than in response to legal process, although the Complainant is not restricted from disclosing to others the alleged conduct by Respondent that was described in the Complainant’s submission to ASLA.

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 decision of the Committee or the ASLA Executive Committee.

Appeals and referrals to the ASLA Executive Committee shall be reviewed by a minimum of five (5) members of the ASLA Executive Committee. Where the minimum required number of members of the ASLA Executive Committee is not available to review an appeal or referral, such appeal or referral, as applicable, shall be transferred to the ASLA Board of Trustees for determination.

Appeals and referrals to the ASLA 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 jurisdiction the Complaint arises. Trustees shall decline appointment if there is any substantial question as to their impartiality and shall 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 ASLA Board of Trustees will review all information submitted by the Complainant and Respondent and render a final and binding decision within sixty (60) days of receipt of the appeal that either (1) upholds the ASLA Executive Committee’s action, or (2) increases the sanction against the Respondent, or (3) reduces the sanction against the Respondent or (4) retracts the ASLA Executive Committee's action and dismisses the Complaint.

Official notice of Censure, Probationary Suspension of Membership, or Expulsion from the Society 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 final and binding decision by the appointed subcommittee of the ASLA Board of Trustees. The Society may also provide information about the Censure, Probationary Suspension of Membership, or Expulsion and the basis for the sanction to any interested party.