This article applies to each type of membership. Every member, upon acceptance into the IPS, shall agree to comply with this Constitution and its By-laws. Accordingly, any and all members are subject to the findings and disciplinary actions, up to and including expulsion from membership.
Public criticism regarding professional conduct of one member by another is condemned and expressly forbidden for all IPS members. Discussion within the Board of Directors about illegal behavior or unprofessional practice as a polygraph examiner, as a part of an official IPS Board of Directors inquiry is excluded from this By-Law.
Allegations of misconduct by an IPS Member include, but are not limited to the following:
a. Illegal, unethical, or dishonorable behavior;
b. Criminal acts, whether felony or misdemeanor;
c. Acts involving moral turpitude;
d. Conduct which injures or tends to injure the IPS, adversely affects its reputation or which is contrary to or destructive of its purposes or objectives; or any member who wrongfully defames the name or reputation of another member shall be subject to disciplinary proceedings.
Any member who knowingly makes a false certification or endorsement regarding an applicant's eligibility and/or qualifications will be subject to disciplinary proceedings.
Allegations of misconduct by a member must be submitted in writing to any Board Member. The Board Member receiving said written allegations will forward the information to the President within three (3) business days. Under no circumstances will the Board Member make any determination of the validity of the grievance, or delay its forwarding to the President. Upon receipt of any grievance, the President will immediately forward a copy of the allegation to all members of the Board of Directors. The Board of Directors, at its discretion, will determine if further action is warranted. The original copy of the grievance will be placed in the official files of the IPS and retained for three (3) years, or until it is determined by the Board of Directors that the grievance has no merit, or is unfounded.
If, in the opinion of a simple majority of the Board of Directors, further action is warranted on a grievance, the Board will direct the President to appoint a Grievance Committee, in accordance with Article XI of this Constitution.
The Grievance Committee will review the grievance and the Member against whom the charges have been made will be promptly notified by the Grievance Committee Chairperson. A written response from said Member will be requested to be forwarded to the Chairperson within thirty (30) days of notification of the grievance. The Grievance Committee Chairperson may grant an extension of time, for cause.
Upon receipt of the final investigation from the Grievance Committee, the Board of Directors will determine, based on the severity and nature of the accusation(s) and the proximity of the next Board meeting, if a hearing is to be conducted in person or by conference call. The Chair- person will notify the accused and the Grievance Committee of the location, date, and time of the hearing by certified mail, return receipt requested. The accused may choose to present his/her case either in person or in writing. The accused may present any witnesses who have relevant information. The Board may call any witnesses it deems necessary. All witnesses will remain outside the hearing room and are not allowed to discuss information relevant to the matter under investigation. The IPS will bear the cost of Board or Grievance Committee members directly related to the investigation and hearing, with prior Board approval. The IPS will not bear any costs related to the accused.
Based upon the information provided within the grievance and the information provided by the Grievance Committee, along with hearing information, the Board of Directors will determine if the allegation is Indicated or Unfounded. An Indicated allegation indicates that the preponderance of evidence supports that the allegation occurred; while an Unfounded allegation indicates that the preponderance of evidence did not support the allegation.
Disciplinary Action will be decided by a two-thirds majority vote of the Board and include the following options:
a. Verbal Reprimand
b. Written Reprimand
d. Suspension of membership (not to exceed 12 months) with reapplication required
e. Termination of membership- no reapplication allowed.
At any time after the receipt of an allegation against a member, the accused may elect to resign. The Board of Directors, by a simple majority vote, will decide if the resignation is accepted with or without prejudice. A vote of prejudice indicates that the allegation has enough merit to warrant the Board calling for the appointment of a Grievance Committee and subsequently rendering disciplinary action, up to and including termination. Accordingly, any member who elects to resign cannot reapply for membership until at least 24 months have elapsed from the date of the final finding by the Board of Directors. The Board will consider any information available from that prior allegation in determining the member's fitness for renewed membership.