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Chapter 10 Appeals
10.1 Grounds for Appeal
The respondent, with reasonable grounds, may appeal the
findings of the hearing board within thirty (30) days after it is announced.
The only basis for appeal to the ITAA board of Trustees by a respondent
regarding the decision of the Ethics Committee is that there was a violation of
the procedural rules of the hearing board, and that this violation
substantially impaired the respondent’s ability to defend against the
complaint. The appeal shall be limited to a review of the procedures, evidence
and findings, with no new evidence being submitted.
10.2 Composition and Power of the Appeal Board
The appeal board is appointed by the president of ITAA and
is the duly authorised committee of the Board of Trustees. Theappeal board is
composed of the chairpersons of the Ethics Committee, and four (4) persons
delegated by ITAA Executive Committee. The appeal board shall have the power to
change the findings of the hearing board and the approval of the Ethics
Committee, dismiss the case, or to order a re-hearing by a different hearing
board.
In cases involving the recommendation of suspension or
expulsion, the appeal board shall have the right, as authorised by the ITAA
bylaws, to initiate the process of suspension for a period of up to 12 months
or to expel from membership of the Association. The grounds and procedures as
contained in the ITAA bylaws are to be followed in such cases.
10.3 Written Statement of the Respondent
In order to affect an appeal, the respondent shall state, in
writing, to the ITAA president the specific violation of the hearing board's
procedural rules and how this violation substantially impaired the
respondent’s ability to defend against the complaint. The president of
ITAA shall review the statement to ensure that the appeal is based on the
contention that the hearing board violated its procedural rules. If not, the
president may deny the appeal.
10.4 Respondent’s Deadline
The respondent shall have thirty (30) days from receipt of
the hearing board decision to appeal to the ITAA president.
10.5 Ethics Committee Transmittal to the Hearing Board
If an appeal is granted by the ITAA president, the Ethics
Committee shall transmit to the ITAA president, the statement of the complaint,
the recording, the hearing board’s recommendations and the Ethics
Committee’s decision.
The hearing board chairpersons shall prepare a statement in
response to the respondent’s statement that includes a review of the
relevant procedural rules and any substantive materials relating to the review
of the hearing board’s actions. The president will ensure that all
materials are then submitted to the appeals board.
10.6 Scheduling the Appeal
The Appeals board shall consider the appeal within thirty
days of receiving the notice of appeal. The appeal will be considered solely on
the basis of the respondent’s written statement and the response of the
Ethics Committee or the Association's legal counsel (which may or may not be in
writing), and there shall be no right to a personal appearance before the
Appeals board by the respondent or his or her personal representative.
10.7 Vote on the Appeal
A majority vote by the appeals board shall determine the
outcome of the appeal. Voting will be carried out as per the requirements for
the conduct of meetings in the bylaws and guidelines. That is in a face-to-face
meeting or by conference phone call. A written vote by mail or fax (not email)
will require the unanimous vote by all appeal board members.
10.8 Board Decision
The president of ITAA shall issue a written decision on the
appeal and shall inform the respondent and the Ethics Committee of the decision
in writing within fifteen (15) days of the meeting. The board must either
- Affirm the Ethics Committee's decision or
- Order a new hearing before a hearing board;
- Change the findings of the hearing board;
- Dismiss the case.
The only basis for ordering a new hearing is the appeal
board's decision that the respondent demonstrated there was a violation of the
hearing board's procedures that did substantially impair the respondent’s
ability to defend against the complaint.
10.9 If no Appeal is Made
If no appeal is made within thirty (30) days after the
respondent has been notified of the decision of the hearing board, the decision
of the hearing board shall become final.
As soon as the decision becomes final, the chairpersons of
Ethics Committee transmit the decision to the Ethics Committee, and then
informs the president of ITAA, legal counsel of the Association, and the ITAA
office, and to the person or persons who are responsible for instituting and/or
supervising the decision.
Chapter 11 Reopening a Case
11.1 Reopening a Case
If additional evidence of unethical conduct is brought to
the attention of the Ethics Committee after a matter has been closed, the case
may be reopened by the chairpersons of the ITAA Ethics Committee and acted upon
under these procedures.
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