2
Dated: August 8, 1976 BYLAWS Trainee AITilarc shall be subject to an annual eligibility review by officers. 7. STUDENT: Individuals in undcrgraduan.:, graduate .or J.ccepted supervised trJining programs lt:ading to a cJrccr in one of the disciplines of the fiJrensic sciences may become Student Affiliates of the Academy. SECTION 4 -ELIGIBILITY TO HOLD OFFICE: Only Fellows shall be eligible to hold anv Academy or Section office. SECTION 5 - DUES OBLIGATION OF MEMBERS: The an - nual dues period shall be the calendar year, january 1 to December 31. AMERICAN ACADEMY OF FORENSIC SCIENCES Members whose dues ;He not paid prior to April I of each year shall be dropped from the rolls for Non - Payment of Dues and may be n.:quired ro submit a new application for membership and p:1y all monies in arrears in accordance with rules enunciated in the Policy Jnd Procedure Manual. SECTION 6 - LEAVE OF ABSENCE: Fellows and Members, in good standing, may request leaves of absence from the Academy for just cause. Section officers shall review such requests and shall forward their section recommendations to the Board of Directors tor approval. If approved , the Fellow or Member is excused from the pay- ment of dues while on leave and is not entitled to receive any mem - bership benefits during that period. Article II: CODE OF ETHICS AND CONDUCT SECTION 1 - THE CODE : a mcan s to promote the highest quality of profossional and persona l conduct of its members , the following constitutes the Code of Ethics and Conduct which is endorsed and adhered to by all members of the American Academy of Forensic Sciences: a. Everv membt:r of the American ; \cademy of Fo ren sic Sciences shall refrain from exercising prof essional or personal conduct adverse to the best interests and purposes o f the Academv. b. Every member of tl1e A..AFS shall refrain from providing anv ma- terial misrepresentJtion of education , training, experience or area of expertise . Misrepresentation of o ne o r more criteria for membership in the AAFS shall constitute a violation of this section of the code . c. Every member of the AAFS shall refrain from providing anv material misrepresentation of data upon which an e xpert opinion or conclusion is based. d. Every member of the A. t\F S sh a ll refrain from iss uing public statements which appear to re p res ent the position of the Acadenw without specific authority ftrst ob tained from the Board of Directo rs . SECTION 2 -MEMBER LIABILITY: Any member of the American , \cadem y of Forensi.: Sdc:nces who has l' iobred anv of the provisions of the Code of Ethi.:s 1 .• -\n:icle IT , Section 1) mav be liable ro censure, suspension or expulsion by action of the Board of Direc- tors, as provided in Section 5h . below. SECTION 3 -INVESTIGATIVE BODY: Thae shall b.: consti- tuted a standing Ethics Co mmittee (see Article VI for composition ) the primary function of whi..:h will be : a. To order or conduct im·estigations and , as neccssarv, to serve as a hearing body concerning of individual memb..:rs which mav constitme a violation of th.: pn)\'isions of Arrick II, Se..:tion 2. b. To act as an advisof\' bod1·. rendering opinions on th.: ramilica- tions of contemplated actions br individual members in terms of rh.: provisions of Arrick 2. SECTION 4- INVESTIGATION INITlATING ACTION : The tollmving .1re the:: princip: 1l limn s b1· which Ethics Comminn: mar initiate im·esrig:Hive a. :\ member of .\c.Jdcm1· may s ubmit a ti>nnal IITirrcn complainr nr .1 lk gariun of viobt i on (s) con.:eming :1 mc·mbc::r ro the Se..:rct:ln' of rhe r\.-: ldemr (see Se..:tion S, Rules and Procedures . below\ or to the Ch. 1irm: 1n nt'thc Ethics Co mmittee. b. The Ethics C ommirtee m.n· institute an in'-]uiry based on .un· evid.:n..:e brought ro irs .mention which in ir s opinion indic: nc s the 134 nc::c::d f or f urther query 0r action under the pro visi0ns of the se Bvlaws. Appropriate to this form of action, Section Officers, upon receipt of a complaint or allegation concerning the professional or personal con - duct of J. member of their section, may refer the complaint or Jllcga- tion to the Ethics C ommittee in writing , accompanied by J. rcco mmc::ndation, if any, concernin g the need for furth.:r investiga- tion . Such recommendations , however, s hJ.II not be binding on the Ethics Co mmitt ee. SECTION 5 - RULES AND PROCEDURES: The foll o wing procedures shall apply to any written complaim(s) or allegation(s) of unethic al or wr o ngful conduct agJ.inst a member of the Academ y whether initiated by a member or resulting ti·om an inquin' origimted bv the Ethics Committee. a. Written complaints or JUegations against a member if delivered to the , \cJdcmv SecretJ.ry, shall promprlv be transmitted to rl1e C ha.ir - mJ.n o f the Ethics Committe e. b. The Ethics Committee shall determine whaht:r the:: compla.inr(s) or alkgati o n (s ) fall (s) within its jurisdiction and whether tl1ert: is probable cJ.u se to believe thJt the co mplaint (si or allegJtion(s) mav be wdl to unded . c. If the Ethics Committe e, in its preliminan· determinJtion , finds that it dot:s not have jurisdiction or that there is a lack o f probable cause to believe that the:: co mplaint (s) or allegation(s ) mav be well tounded, it shall dismiss the comp laint (s) or allegJ.tion(s ). It shall issue a repo rt of such determinati on to the Boa rd o f Directors , setting torth the basic bets but omitting the namc:s of the parries, and stating the n.:J.so ns tor its decisio n to dismiss. of rhe tiling of the com- plaint or alkgati on shall also be gi,· en to the a..:cused. d. [f the Ethics Committee: tinds that it has jurisdiction and that there is probable cJ.usc:: to bdic:v.: that the: complaint(s) or J.llcga- tion(s) mav be:: well tounded . ir shall give notice of the tilin g of a com - plainr (s) or allegariun (s) to the:: J ccuscd , :1nd , in acco rdance with Rulc.: s and Regulation s tormulated bv the Ethics Committee and approved bv the Board of Dirc::crors, .1sscmblc such written d:HJ. fr om bo th the accused and the accuser (s) which \\'ill pc::rmit the Ethics C ommittee ro determine whether rhe compbint (s) or :1llcgarinn(s) rl:l..]llircs ti.trrhcr investigation . c. The Ethics C:omminee 111 ; 11· ;lppoitH .1n 1 \cademv Fellow n r Fellows tn rhe -.: ompbinr (s) <ll' c l ll egcHion(s) .llld , if ne..:essar v, to present the chargqs ) on behalf nf rhe Academy ro the C ommitt<.:c . f. If. : 1s .1 result ot' an illl-cstigatiun. rhc:: Erhics C om mince decides to dismiss the clurge (s) withnur :\ l ormal hc:1ring, ir mav do so . It shall tllltit)' rhe :1ccuscd :1nd the .1ccuscr(s ) nf its decision and shall ---- ---- ----------------------- I I I E I I I I I I I I I I I I I I I I I I

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Page 1: Dated: August 8, 1976 Iethics.iit.edu/codes/AAFS 1976.pdf · Dated: August 8, 1976 BYLAWS Trainee AITilarc shall be subject to an annual eligibility review by ~ection officers. 7

Dated: August 8, 1976

BYLAWS

Trainee AITilarc shall be subject to an annual eligibility review by ~ection officers.

7. STUDENT: Individuals in undcrgraduan.:, graduate .or J.ccepted supervised trJining programs lt:ading to a cJrccr in one of the disciplines of the fiJrensic sciences may become Student Affiliates of the Academy.

SECTION 4 -ELIGIBILITY TO HOLD OFFICE: Only Fellows shall be eligible to hold anv Academy or Section office.

SECTION 5 - DUES OBLIGATION OF MEMBERS: The an ­nual dues period shall be the calendar year, january 1 to December 31.

AMERICAN ACADEMY OF FORENSIC SCIENCES

Members whose dues ;He not paid prior to April I of each year shall be dropped from the rolls for Non -Payment of Dues and may be n.:quired ro submit a new application for membership and p:1y all

monies in arrears in accordance with rules enunciated in the Policy Jnd Procedure Manual.

SECTION 6 - LEAVE OF ABSENCE: Fellows and Members, in good standing, may request leaves of absence from the Academy for just cause . Section officers shall review such requests and shall forward their section recommendations to the Board of Directors tor approval. If approved , the Fellow or Member is excused from the pay­ment of dues while on leave and is not entitled to receive any mem­bership benefits during that period.

Article II: CODE OF ETHICS AND CONDUCT

SECTION 1 - THE CODE: .~.s a mcans to promote the highest quality of profossional and personal conduct of its members , the following constitutes the Code of Ethics and Conduct which is endorsed and adhered to by all members of the American Academy of Forensic Sciences:

a. Everv membt:r of the American ;\cademy of Fo rensic Sciences shall refrain from exercising professional or personal conduct adverse to the best interests and purposes of the Academv.

b . Every member of tl1e A..AFS shall refrain from providing anv ma­terial misrepresentJtion o f education, training, experience or area of expertise . Misrepresentation of one o r more criteria for membership in the AAFS shall constitute a violation of this section of the code .

c. Every member of the AAFS shall refrain from providing anv material misrepresentation of data upon which an expert o pinio n o r conclusion is based .

d. Every member of the A.t\FS shall refrain from issuing public statements which appear to represent the position o f the Acadenw without specific authority ftrst obtained from the Board o f Directo rs .

SECTION 2 -MEMBER LIABILITY: Any member of the American ,\cademy of Forensi.: Sdc:nces who has l'iobred anv of the provisions of the Code of Ethi.:s 1 .• -\n:icle IT , Section 1) mav be liable ro censure, suspension or expulsion by action of the Board o f Direc­tors, as provided in Section 5h. below.

SECTION 3 -INVESTIGATIVE BODY: Thae shall b.: consti ­tuted a standing Ethics Co mmittee (see Article VI for composition ) the primary function of whi..:h will be :

a. To order or conduct im·estigatio ns and , as neccssarv, to serve as a hearing body concerning condt~~:t of individual memb..:rs which mav constitme a violation of th.: pn)\'isions of Arrick II, Se..:tion 2.

b. To act as an advisof\' bod1·. rendering opinions on th.: ramilica­tions of contemplated actions br individual members in terms of rh.: provisions o f Arrick 2.

SECTION 4 - INVESTIGATION INITlATING ACTION: The tollmving .1re the:: princip:1l limns b1· which th~: Ethics Comminn: mar initiate im·esrig:Hive pro..:~:edings :

a. :\ member of r h~: .\c.Jdcm1· may submit a ti>nnal IITirrcn complainr nr .1lk gariun of viobt ion(s) con.:eming :1 mc·mbc::r ro the Se..:rct:ln' of rhe r\.- :ldemr (see Se..:tion S, Rules and Procedures . below \ or to the C h.1irm:1n nt'thc Ethics Co mmittee.

b. The Ethics C ommirtee m.n· institute an in'-]uiry based on .un· evid.:n..:e brought ro irs .mention which in irs opinion indic:ncs the

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nc::c::d for further query 0 r action under the provisi0ns of these Bvlaws. Appropriate to this form of action, Section Officers, upon receipt of a complaint or allegation concerning the professional or personal con­duct of J. member of their section , may refer the complaint or Jllcga­tion to the Ethics Committee in writing, accompanied by J. rcco mmc::ndation, if any, concerning the need for furth.:r investiga­tion . Such recommendations , however, s hJ.II no t be binding on the Ethics Committee.

SECTION 5 - RULES AND PROCEDURES: The follo wing procedures shall apply to any written complaim(s) or allegation(s) of unethical or wro ngful conduct agJ.inst a member of the Academy whether initiated by a member o r resulting ti·om an inquin' origimted bv the Ethics Committee.

a. Written complaints or JUegations against a member if delivered to the ,\cJdcmv SecretJ.ry, shall promprlv be transmitted to rl1e Cha.ir­mJ.n of the Ethics Committee.

b . The Ethics Committee shall determine whaht:r the:: compla.inr(s) or alkgatio n(s ) fall (s) within its jurisdiction and whether tl1ert: is probable cJ.use to believe thJt the co mplaint(s i o r allegJtion (s) mav be wdl to unded .

c. If the Ethics Committee, in its preliminan· determinJtion , finds that it dot:s not have jurisdiction or that there is a lack o f probable cause to believe that the:: co mplaint(s) or allegation(s ) mav be well tounded, it shall dismiss the complaint (s) or allegJ.tion(s). It shall issue a repo rt of such determinatio n to the Board o f Directors, setting torth the basic bets but omitting the namc:s of the parries, and stating the n.:J.so ns tor its decisio n to dismiss. ~otice of rhe tiling of the com­plaint o r alkgatio n shall also be gi,·en to the a..:cused.

d . [f the Ethics Committee: tinds that it has jurisdiction and that there is probable cJ.usc:: to bdic:v.: that the: complaint(s) or J.llcga­tion (s) mav be:: well tounded . ir shall give notice of the tiling of a com ­plainr(s ) or allegariun (s) to the:: Jccuscd , :1nd, in acco rdance with Rulc.: s and Regulations tormulated bv the Ethics Committee and approved bv the Board of Dirc::crors, .1sscmblc such written d:HJ. fro m bo th the accu sed and the accuser(s) which \\'ill pc::rmit the Ethics C ommittee ro determine whether rhe compbint(s) or :1llcgarinn(s) rl:l..]llircs ti.trrhcr investigation .

c. The Ethics C:omminee 111 ;11· ;lppoitH .1n 1\cademv Fellow n r Fellows tn invc::stig:~rc:: rhe -.:ompbinr(s ) <ll' cl ll egcHion (s ) .llld , if ne..:essarv, to present the chargqs ) on behalf nf rhe Academy ro the Committ<.:c .

f. If. :1s .1 result ot' an illl-cstigatiun . rhc:: Erhics Com mince decides to dismiss the clurge (s) withnur :\ lormal hc:1ring, ir mav do so . It shall tllltit)' rhe :1ccuscd :1nd the .1ccuscr(s ) nf its decision and shall

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Page 2: Dated: August 8, 1976 Iethics.iit.edu/codes/AAFS 1976.pdf · Dated: August 8, 1976 BYLAWS Trainee AITilarc shall be subject to an annual eligibility review by ~ection officers. 7

:;

Dated: August 8, 1976

AMERICAN ACADEMY OF FORESNIC SCIENCES

issue a report to th<.: Board of Directors setting forth the basil: facts but omitting th<.: nam<.:s of the parties and stating the reason(s) for its decision.

g. If the Ethics Committee decides to formally hear the charge(s), it shall give both the accused and the <!Ccuser(s) a reasonable opportu­nity to be heard and to confront each other. It shall then make a deci­sion and notifY both partic:s of its decision. The Ethics Committc:e shall then make: a report to the Board of Dirccrors on its decision in­cluding reasons and any recommendation tor fi.arther action .

h. Following receipt of a report of the: Ethics Committee and upon a vote of three -fourths ( 3/4) o f the members of the Board of Directors presenr and voting, the party accused of unethical or wrongful con­duct may be censured, suspended or exp<.:IIed. No member of the Board of Directors who is the subject of a pending accusation under the provisions of this Article shall sit in deliberation on any matter concerning ethics.

i. The accused has the right to appeal fro m the action o f the Board of Direnors to the membership of the Academy. In effecting an appeal , the appellant must tile a brief written notice of the appeal, togethc:r with :my written statement he may wish to submit in his behalf, with the Academy Secretarv not less than one hundred twenty (120) days prior to the next Annual Meeting of the Academy. The

BYLAWS

Secretary shall immediately advise each member of the Board of Directors of the appeal and shall forward to each a copy of the supporting papers submitted by the appellant.

J. The Board of Directors shall then prepare a written statement of the reasons for its actions and lilc the same with the Academy Sec­retary not less than forty (40) days prior to the next Annual Meeting.

k. Within twenty (20) days thereafter , the Academy Secretary shall mail to each voting member of the Academy a copy of the appellant's notice of appeal and his supporting statemenr, if any, and a copy of the Board of Director's statement.

I. !\vote of three -fourths (3/4) of the members present and voting at the Annual Business Meeting shall be required to overrule the ac­tion of the Board of Directors in regard to censure, suspension or cx­pulsion of a member.

m. The Ethics Committee shall formulate internal Rules and Pro­cedures, designed to facilitate the expeditious, fair, discreet, and impartial -h-andling of all complaints or maners brought before it. The Rules and Procedures , and any subsequent deletions, additions or amendments thereto, shall be subject to the approval of the Board of Direcrors.

Article III: INSTITUTE ASSOCIATES

SECTION 1 - ELIGIBILITY: Anv firm, association, corporation, research or other institute, or go\'c:rnmental agency at local, counrv, state, or federal level desiring to support the objectives, purposes, and activities of the Academv and lawfully engaged in its respective activi­ties in the United States md/ or Canada and/ or thcir tc:rrirories and possessions may be considered fo r enrollmenr as an Institute Associate of the Academy. Such enrollmenr as an Institurc Associate shall not constitute mc:mbership in the .-\cademv, nor conter the rights or priv­ileges of personal membership in the Academy.

SECTION 2 - PRIVILEGES: ,-\n Institute Associate in good standing shall be t:ntitled to:

a. Refer tO itself as an " Institute Associate of tl1e American Academy of Forensic Sciences·· and to so identify itself in publica­tions, advertisements and o n its stationery.

Article IV:

SECTION 1 - ANNUAL MEETING OF THE MEMBERS: There shall bc an annual meeting of the mcmbers of the Academv. during the month of Febru:lrY. unlc:ss othcrwise ordned bv the Board of Directors. It will meet .lt :1 specific time and pbce selected bv the: Board . At the annual me.:ting there shal l bc '' scientitic pro­gram, the administration of membership mcutcrs, rhc ckctinn of olli ­ccrs and the transaction of such business as may be: necessarv. Notice of such meeting shall be mc1ikd in JJW torm c1nd bv whate\'er mcans ro the last ree<mkd addrcss of ctll members ten ( I 0) to titry (SO ) da1·s prior ro rh~.: meeting. Orhn m.:c:tings of thc mcmbcrs m:1v be c:1lkd ar rh.: discr.:tit 111 of rh..: Boc1rd pf Dir..:ctors .

SECTION 2 - BOARD OF DIRECTORS J\.'lEETlNGS: The an ­nual m..:cring nf rhc Bo.1rd of Directors sh:1ll be IH:IJ prim rn till: .1nnu :d mccring of rhc m.:mhns . Special meetings uf rhc Ho:lrd of

b. Such additional privileges as approved by the Board of Directors and enunciated in publications dealing with Institute Associates.

SECTION 3- FEES AND PROCEDURES:

a. Consideration tor Institute Associate status mav be initiated through invitation issued by the Academy or bv the applicant.

b . Termination o f an Institun: Associate status mav be initiated bv the Associate upon written notification ro the Academv or bv the Board of DirectOrs for failure ro pav the o.nnual fee or tor other reason (s) deemed bv the Board of Directors in the best interests of the Academv.

c. An :1nnual fee tor Institute Associates shall be est:tb lisht:d bv the Board of Directors.

MEETINGS

Dir..:crors mav be called at anv time bv the Pr..:sident; or bv a 111:1jority of the Board members upon notificJtion to the Academv Secret:try of the tim..:, pb..:e cmd purpose of rhc mc:cting.

SECTION 3 - EXECUTIVE COMMITTEE MEETINGS: The Exc~utin: Committe:..: shall me..:r prior to th..: cmnual mc:ering; of the Bo:1rd of Dir..:crors and at kasr once b..:twe..:n annual Board mec.:rings. .lt rh..: ..:all of th..: Pr..:sidcnr.

SECTION 4 - SECTION MEETINGS: Sections shall hold s~i ­

cntitic s..:ssiuns as well as a busin~.:ss mec.:ting ar each annucd mc:..:ting nf the .-\udc.:nw . ,-\11 classc.:s of members shall be eligible ro .mend th<.: business meetings ul' rhc.:ir rcspc.:cti1·e sc:crions .

135