The Official Manazine of IAAPA
The committee will not consider any Complaint that is deemed to be an attempt by a company or individual to gain competitive advantage. Additionally, IAAPA does not permit retaliation of any kind against individuals for good faith Complaints of potential violations of the Code. Any member who retaliates against another member for reporting known or suspected violations of the Code may be considered to be in violation of the Code by virtue of the retaliation.
Prior to beginning a review, the Respondent shall be provided with notice of the Complaint and an opportunity to respond, in writing within 30 days of receipt of the notice. The committee may also, in its discretion, invite the Respondent to address the committee on the Complaint, including via telephone conference call. Any such call will be brief and non-legal, with no lawyers addressing the committee on behalf of the Respondent, no legal briefs, and no witnesses. If a Respondent fails to respond to the notice in the time allotted or refuses to accept delivery of notices from IAAPA despite IAAPA’s reasonable efforts, the allegations against the Respondent in the Complaint may be deemed to be fact. Copies of all submissions from the Complainant or Respondent shall be provided to all parties.
The burden of proving the allegations in a Complaint falls on the Complainant, who must provide clear and convincing evidence that an IAAPA member has violated the Code of Conduct. While the Governance Committee may seek additional information, it is not the duty of the Governance Committee or any other representative of IAAPA to find evidence outside the case presented by the Complainant.
The Governance Committee will meet in executive session to decide on the Complaint. The Governance Committee shall decide, based solely on the evidence presented, whether the Respondent has committed a violation of the Code of Conduct. The Governance Committee shall prepare a concise written decision stating its conclusions and the basis for its determinations. If a violation is found, the decision will also impose sanctions.
If the Governance Committee recommends the Respondent be expelled from IAAPA membership, the Governance Committee must present the Complaint, the evidence, and the Governance Committee’s reasoning for expulsion to the Board of Directors, and the Board of Directors shall make the determination. Expulsion from IAAPA membership is outlined in bylaw 3.02 Removal of Member. All other actions are at the discretion of the Governance Committee.
The final decision of the Governance Committee (or in the case of membership expulsion, the Board of Directors), including any specified sanctions, shall be sent to the Respondent and the Complainant within 10 days of its issuing.
Sanctions
The range of potential sanctions for violating the IAAPA Code of Conduct is as follows:
- Letter of Reprimand with copy to be placed in member’s file.
- Suspension or expulsion from sponsoring with IAAPA.
- Suspension or expulsion from advertising with IAAPA.
- Suspension or expulsion from attending IAAPA expos, conferences, and/or trade shows.
- Suspension or expulsion from exhibiting at IAAPA expos, conferences, and/or trade shows.
- Suspension from IAAPA membership.
- Expulsion from IAAPA membership for a time (up to permanently) determined by the IAAPA Board of Directors.
Only the sanctions outlined above may be imposed upon an IAAPA member for violating the Code of Conduct, and no additional sanctions may be added. The final written decision of the Governance Committee or the Board of Directors shall clearly articulate the sanctions imposed for any violation found, including the period for any specified suspension or expulsion.
