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Chapter 8 Hearing Board

8.1 Action by the Ethics Committee

The Ethics Committee may take the report of the investigator or investigating sub committee and find that violation/s of the Code have been established and order any of the following actions:-

1. An order to cease and desist
2. Censure
3. Supervision,
4. Education, and/or therapy
5. Perform community service
6. Suspension (holding membership in abeyance for a specific purpose, for example, rehabilitation)
7. Resignation with or without publication
8. Termination of membership
   1. Permanent bar to readmission
   2. Suspension or termination of the ITAA designation
   3. Or any other action that the Ethics Committee deems appropriate.

If the Ethics Committee decides upon a finding for suspension or expulsion, the committee will so report to the ITAA president within ten (10) days after the decision. The Board of Trustees at the request of the ITAA president must enact requests for suspension or expulsion.

8.2 Charges from the Ethics Committee.

If the Ethics Committee decides that action be taken against a member and if, thereafter, the member requests a hearing before the hearing board, the Ethics Committee chairperson and the ITAA investigator shall transmit to the chair of the hearing board a statement of charges against the member.

8.3 Hearing Board Appointed

If the Ethics Committee in consultation with legal counsel for the Association decides to submit the case to a hearing board, the chairpersons shall:

1. Name a chairperson of the hearing board ideally, but not necessarily, from the ITAA Ethics Committee.
2. Instruct the chairperson of the hearing board to name at least three (3) hearing board Members.
3. Forward to each member of the hearing board
   1. a copy of the complaint, or a statement of the complaint.
   2. a copy of his or her letter to the respondent.
   3. a copy of the respondent’s response, if one was received, or if no response was received,
   4. a statement to that effect; and
   5. a copy of the report of the ITAA investigator or the investigating subcommittee, if one was empanelled.
4. Notify the respondent and the complainant that the case has been submitted to a hearing board.

8.4 The Hearing Board Chairperson shall:

1. Review the documents of the investigator.
2. Review the deliberations of the Ethics Committee.
3. Then establish the hearing board of no less than three (3) ITAA members (note the case investigator/s cannot be a member of the hearing board.)
4. Review the procedures to be used.

8.5 Action by the Hearing Board.

Once the case is submitted for deliberation and recommendation to the hearing board, the hearing board chairperson, in consultation with the appointed board members shall:

1. Notify the complainant and the respondent of the hearing board membership and procedures, after reviewing all documentation.
2. Notify the respondent that they shall have the right with reasonable explanation, to ask one member of the hearing board not to participate on the board. In the event that one member of the board is excused, one additional member of the ITAA may then be added to the hearing board in order to ensure a minimum of at least three persons on the board.
3. Advise the members of the hearing board to declare that they believe they can hear the case without bias.
4. Establish the procedures for the hearing and communicate them to both parties at least 15 days before the hearing.
5. Give the complainant and the respondent at least 30 days notice of the impending hearing.
6. Advise both parties of their right to have counsel present.
7. Advise the respondent that they may cross-examine the complainant and/or any other individuals appearing on behalf of the complainant, or presenting the complainant’s case.
8. Advise both parties of their responsibility to gather and present any or all evidence or witnesses that the hearing board should consider.

8.6 Hearing Date and Location

Hearings will normally be held at ITAA conferences. The chair of the hearing board can schedule meetings outside of conferences only when the total meeting costs (members and staff travel, hotel, meals, etc.) would not exceed the total costs if the hearing were held at a conference. To plan a non-conference hearing, the chair of the hearing board must develop the comparable cost data and submit it to the ITAA treasurer prior to scheduling or announcing such a meeting. If an out-of-town hearing would exceed the cost of a conference-based hearing, the committee may make a special request to the treasurer for an exception to this policy. This request must include the comparable cost data and reasons why an exception should be considered.

8.7 Hearing Schedule

The hearing shall be scheduled for the first ITAA sponsored conference after the case was submitted to the Ethics Committee when possible, on a date chosen by the chairperson of the hearing board.

8.8 Notification of the Participants

The chair of the hearing board shall notify the chair of the Ethics Committee, legal counsel for the Association, the complainant and the respondent of the date and location of the hearing by mail, marked "CONFIDENTIAL" (using appropriate means).

8.9 Pre-Hearing Disclosure by the ITAA investigator, or ITAA Investigating Subcommittee and the respondent.

At least 30 days before the hearing, the ITAA investigator or ITAA investigating subcommittee member must submit to the chair of the hearing board and the chairpersons of the Ethics Committee the following documentation:

8.9.1 Statement of the Grounds for the Request for the Hearing: The ITAA investigator or ITAA investigating subcommittee and/or the Ethics Committee must submit in writing which of the following grounds are the basis for their request for a hearing, and their arguments for these contentions, that is:

8.9.2 Findings: The request is based on the contention that the findings of the ITAA investigator or ITAA investigating subcommittee were not consistent with the facts, or that the respondent disputes the facts, and if so, which facts, and the respondent’s argument for this contention.

8.9.3 Procedures: The request is based on the contention that the ITAA investigator or ITAA investigator subcommittee did not follow the procedures for handling complaints, and the respondent’s argument for these contentions

8.9.4 Actions: The request is based on the contention that the recommended actions of the ITAA investigator or ITAA investigating subcommittee are inappropriate or too harsh, and the respondent’s argument for this contention.

8.9.5 Other Grounds. The request is based on other contentions, and the respondent’s argument for these contentions.

8.10 List of the Witnesses and Summary of the Testimony

The hearing board chairperson, must request the complainant and the respondent to submit in writing a list of any witnesses he or she intends to present, and a summary of the testimony they will present, so substantial portions of such testimony can be stipulated and not repeated during the actual hearing.

8.11 Statements by the respondent and/or the respondent’s Counsel, and Additional Materials

The respondent and/or his or her counsel may submit any additional written statements they may wish to make, as well as any additional materials they believe are relevant to the case.

8.12 Pre-Hearing Disclosure by the Ethics Committee

At least 30 days before the hearing, the Ethics Committee shall furnish the hearing board with copies of all relevant documents. The investigator will also submit a written summary of the testimony the witnesses did present, so substantial portions of such testimony can be stipulated and not repeated during the actual hearing.