| Chapter 1 |
Introduction |
| 1.1 |
Introduction |
| 1.2 |
Committee Constraints |
| 1.3 |
Subject's Use of Legal Counsel |
| Chapter 2 |
ITAA Code of
Ethics |
| Chapter 3 |
A Summary of
the Procedures |
| Chapter 4 |
The ITAA
Ethics Committee |
| 4.1 |
Membership of the Ethics Committee |
| 4.2 |
Role of the Ethics Committee |
| 4.3 |
Advisory Opinions |
| 4.4 |
Jurisdiction |
| 4.5 |
Jurisdiction over Resigned Members |
| Chapter 5 |
Procedures
for Handling Ethical Complaints |
| 5.1 |
Scope of the Committee |
| 5.2 |
Member to be Confronted |
| 5.3 |
Filing a Formal Complaint |
| 5.4 |
Initiation of a Complaint by the Ethics
Committee |
| 5.5 |
Time Limitations |
| 5.6 |
Complaints Regarding Resigned Members.
|
| 5.7 |
Actions Prior to Membership |
| 5.8 |
Time Requirements for the Adjudication.
|
| Chapter 6 |
Action on
Receipt of a Formal Complaint |
| 6.1 |
Membership Status |
| 6.2 |
Non ITAA Members |
| 6.3 |
Resigned or Terminated Member |
| 6.4 |
Determination if Ground for an
Investigation |
| 6.5 |
Insufficient Grounds |
| 6.6 |
Sufficient Grounds |
| 6.7 |
Complainant Refusal of Permission |
| 6.8 |
Notification of the Respondent |
| 6.9 |
No Response by the Respondent |
| 6.10 |
Response by the Respondent |
| 6.11 |
Resignation by the Respondent |
| Chapter 7 |
Investigation |
| 7.1 |
Preliminary Investigation by the
Chairpersons |
| 7.2 |
The Appointment of an Investigator |
| 7.3 |
Instructions for the ITAA Investigator or
ITAA Investigating Subcommittee |
| 7.4 |
Investigator’s Responsibilities |
| 7.5 |
Authority of the ITAA Investigator or ITAA
Investigating Subcommittee |
| 7.6 |
Mediation |
| 7.7 |
Resolution Not Reached |
| 7.8 |
Appearance by the Respondent Before the
Investigator or Investigating Subcommittee |
| 7.9 |
Report by the ITAA Investigator or ITAA
Investigating Subcommittee |
| Chapter 8 |
Hearing
Board |
| 8.1 |
Action by the Ethics Committee |
| 8.2 |
Charges from the Ethics Committee |
| 8.3 |
Hearing Board Appointed |
| 8.4 |
The Hearing Board Chairperson |
| 8.5 |
Action by the Hearing Board |
| 8.6 |
Hearing Date and Location |
| 8.7 |
Hearing Schedule |
| 8.8 |
Notification of the Participants |
| 8.9 |
Pre-Hearing Disclosure by the ITAA
Investigator, or ITAA Investigating Subcommittee and the Respondent |
| 8.9.1 |
Statement of the Grounds for the Request
for the Hearing |
| 8.9.2 |
Findings |
| 8.9.3 |
Procedures |
| 8.9.4 |
Actions |
| 8.9.5 |
Other Grounds |
| 8.10 |
List of the Witnesses and Summary of the
Testimony: |
| 8.11 |
Statements by the Respondent and/or the
Respondent’s Counsel, and Additional Materials |
| 8.12 |
Pre-Hearing Disclosure by Ethics Committee
|
| Chapter 9 |
Conduct of
the Hearing |
| 9.1 |
Chairing the Hearing |
| 9.2 |
Role of the ITAA Ethics Committee, ITAA
Investigator or Investigating Subcommittee |
| 9.3 |
Rights of the Respondent |
| 9.4 |
Evidence |
| 9.5 |
Recording of the Hearing |
| 9.6 |
Burden of Proof |
| 9.7 |
Voting |
| 9.8 |
Hearing Board Constraints |
| 9.9 |
Decision of the Hearing Board Deadline
|
| 9.10 |
No Violation Found |
| 9.11 |
Violation Found |
| 9.12 |
Ordered Action |
| 9.13 |
Findings of Expulsion |
| 9.14 |
Informing the Participants |
| Chapter 10 |
Appeals |
| 10.1 |
Grounds for Appeal |
| 10.2 |
Composition and Power of the Appeal
Board |
| 10.3 |
Written Statement of the Respondent |
| 10.4 |
Respondent’s Deadline |
| 10.5 |
Ethics Committee Transmittal to the Hearing
Board |
| 10.6 |
Scheduling the Appeal |
| 10.7 |
Vote on the Appeal |
| 10.8 |
Board Decision |
| 10.9 |
If no Appeal is Made |
| Chapter 11 |
Reopening a Case |
| 11.1 |
Reopening a Case |
| Chapter 12 |
Factors
Affecting Deliberation |
| 12.1 |
Resignation from Membership |
| 12.2 |
Action During Litigation |
| 12.3 |
Findings of Other Professional
Associations, Regulatory Bodies, and Courts as the Basis for a Finding of a
Violation of the Code of Ethics |
| 12.4 |
Respondent's Demonstration of Evidence to
Overcome Presumption |
| 12.4.1 |
A Flawed Process |
| 12.4.2 |
Action Too Severe |
| 12.4.3 |
Absent Evidence: The Hearing Board's
Recommended Action |
| 12.4.4 |
Other Charges Based on Actions by
Disciplinary Bodies |
| |
i. |
Clear Evidence |
| |
ii. |
Disputed Evidence |
| Chapter 13 |
Settlement
by Mutual Agreement |
| 13.1 |
Settlement by Mutual Agreement |
| 13.2 |
Possible Actions in Mutual Agreements |
| 13.3 |
Written Agreement |
| 13.4 |
Supervision of the Agreement |
| 13.5 |
Finalization of the Agreement |
| 13.6 |
Failure to Meet the Terms of the Agreement
|
| 13.7 |
Other Action |
| Chapter 14 |
Confidentiality |
| 14.1 |
Confidentiality |
| 14.2 |
Breaches of Confidentiality |
| 14.3 |
Staff |
| 14.4 |
Correspondence |
| 14.5 |
Discussion of Complaints |
| 14.6 |
Confidentiality Exceptions |
| 14.7 |
Publication of Sanctions |
| Chapter 15 |
Disclosure
of Information |
| 15.1 |
Publication or Dissemination of
Information |
| 15.2 |
Questions About Disclosure |
| 15.3 |
Disclosures by an Investigator or an
Investigating Subcommittee |
| 15.4 |
Disclosure to the Complainant |
| 15.5 |
Termination of Membership |
| 15.6 |
Publication of Other Sanctions |
| 15.7 |
Inquiries from State Regulatory Agencies
and Professional Organizations |
| 15.7.1 |
Notification of the Member |
| 15.7.2 |
Content of Response to the Inquiry
Disclosures to ITAA Awards Committees and/or the T&C Council |
| 15.8 |
Reports to the T&C Council Regarding
Certified Members, Supervisors or Teachers of Transactional Analysis |
| 15.9 |
Reports to the ITAA Awards Committees and
the ITAA Elections Committee |
| 15.10 |
Disclosures Required by Law |
| 15.11 |
Disclosure to ITAA Board of Trustees |
| Chapter 16 |
Records |
| 16.1 |
Disposition of Files |
| 16.2 |
Materials |
| 16.3 |
Records |
| Chapter 17 |
Consultants |
| 17.1 |
Appointment of a Consultant |
| 17.2 |
Confidentiality |
| 17.3 |
Guidelines before a Complaint is Filed
|
| 17.4 |
Guidelines for Consultant for the
Complainant Once a Complaint is Filed |
| 17.5 |
Guidelines for Consultant for the
Respondent Before a Complaint is Filed |
| 17.6 |
During a Hearing |
| 17.7 |
Following the Hearing |
| 17.8 |
Responsibility of Consultant Ends |
| Appendices |
|
| 1. |
Complaint Form |
| 2. |
Letter to Complainant |
| 3. |
Waiver and Release of Information
Form |
| 4. |
Letter to ITAA Member Against Whom the
Allegations are Made |
| 5. |
Flow Charts of Complaint
Process |
