Disciplinary procedures are established to provide a fair and impartial determination regarding alleged misconduct by ACVREP certificants and to uphold the Code of Ethics establishing required standards of conduct for all ACVREP certificants.

ACVREP expects that complainants and certificants will attempt to resolve issues between them amenable to resolution, prior to requesting that ACVREP commence a disciplinary procedure.

To the extent permitted by law, confidentiality shall be maintained by all parties throughout the disciplinary procedure.

Grounds for Discipline

Misconduct by an ACVREP certificant, including the following acts or omissions, constitutes grounds for discipline, whether or not the misconduct occurred in the course of a client/student relationship.

• Any act or omission that violates the provisions of the ACVREP Certifications’ Code of Ethics.
• Any act or omission that violates criminal law which results in a conviction.
• Failure to respond to the allegations as requested by the Chair of the Disciplinary Review Committee. A failure to respond shall be deemed to occur if the certificant has failed to provide updated, current contact information to the ACVREP office and thus the complaint can not be delivered to the certificant and/or if the certificant fails to respond within 30 days to a request in the “Missing Persons” section of the ACVREP newsletter.
• Obstruction of the Disciplinary Review Committee’s performance of its duties.
• Any false or misleading statements made to ACVREP.

Complaint

Upon receipt of a written complaint, the President shall forward to the complainant a copy of the appropriate Code of Ethics with a request that the complainant identify the specific Code provisions alleged to have been violated by the certificant or any act that is a violation of criminal law which results in a conviction, and provide to ACVREP evidence supporting each allegation. The complainant should use the ACVREP Complaint Form and Affidavit which can be obtained from the ACVREP office or “Download” page on ACVREP’s website.

The President shall forward the complainant’s written complaint, response, and accompanying evidence to the Chair of the Disciplinary Review Committee for review. The Chair shall determine whether there is probable cause that a Code of Ethics violation has occurred or that there has been a violation of criminal law that resulted in a conviction. Should the Chair determine that there is no probable cause to believe the Code has been violated, the complainant shall be so informed and the file shall be closed. Upon determination by the Chair that there is probable cause to believe the Code has been violated, the Chair shall forward all information received from the complainant to legal counsel for independent review and advice.

If the advice of legal counsel is that no probable cause exists to believe a Code of Ethics violation has occurred, or that there has not been a violation of criminal law resulting in a conviction, the Chair shall close the file and so inform the complainant of the rationale therefore. If legal counsel concurs in the Chair’s determination that there is probable cause to believe a Code violation has occurred or that there has been a violation of criminal law resulting in a conviction, the Chair will assume the responsibility for proceeding with an investigation.

Investigation

The Chair shall inform the ACVREP certificant under investigation in writing of the allegations and the supporting evidence, and describe the steps to be taken in proceeding with the investigation. The certificant will have twenty (20) working days within which to file a written response. The certificant will be notified by certified mail, return receipt requested, or its equivalent, at certificant’s most current address on file.

Upon receipt of a response from the certificant, the Chair shall forward the response to the complainant and to legal counsel. The complainant shall be requested to advise the Chair of his/her willingness to participate in a hearing on the complaint, in order to allow the certificant to face and question the complainant. If the complainant is unwilling to participate in the hearing, the Chair shall close the file, unless the DRC by a majority vote finds that the investigation and hearing should proceed. If no response is received from the certificant within twenty (20) working days, a formal complaint will be issued and the case scheduled for a hearing.

Hearing

The hearing shall be held by the Disciplinary Review Committee, either via a teleconference call or face-to-face meeting, with the Chair conducting the proceedings as a nonvoting committee member. The complainant shall present the evidence supporting the allegations against the certificant or, in the alternative, may request that the Committee’s legal counsel do so. Admissibility of evidence is within the sole discretion of the Chair. The certificant, who has the right to participate in the hearing (in person or via a teleconference call), may respond and provide evidence in defense against the complainant’s allegations and may be represented by counsel. The voting members of the committee, exclusive of the Chair, shall determine whether a Code violation has occurred and make its findings and determination based upon a majority vote of those members eligible to vote.

Please note: If a face-to-face hearing is requested by the complainant and/or certificant, they will be responsible for covering all of their expenses related to attending the hearing, including expenses for their legal counsel.

Appeal and Final Decision

In cases where the hearing leads to formal disciplinary action, the certificant may appeal the Disciplinary Review Committee’s decision to the full ACVREP Board of Directors by written notice to the ACVREP office within 20 working days via certified mail or its equivalent. The Chair of the committee shall then submit the committee’s findings and determination, along with the case file, to the full board which shall render a final decision as to the Code violations committed by the certificant and the disciplinary action to be taken. Unless requested by the board, no additional information may be introduced by the committee or certificant during the appeal process. The board’s decision shall be final, with notification provided to the certificant, via certified mail or its equivalent, within 45 working days from the date the ACVREP office received the certificant’s letter of appeal, unless the board has requested additional information during the appeal process or the board has decided to render a final decision at its next scheduled board meeting. In the event the board decides to render a decision at its next meeting, notice will be sent to all interested parties.

Forms of Discipline

The Board may impose any of the forms of discipline set forth below. All disciplinary actions, with the exception of private written censure, shall be publicly disseminated.

• Private written censure
• Public letter of admonition
• Suspension of certification and the right to use the ACVREP marks for a specified period of time, not to exceed five years
• Permanent termination of certification and of the right to use the ACVREP certification marks

Reinstatement

Reinstatement of suspended certification shall occur at the end of the period of suspension, upon the terms and conditions provided by the ACVREP Board of Directors.

Approved March 19, 2005