Complaints and Disciplinary Procedure

1.Purpose and scope

1.1This Procedure applies to all individual members of the Society, holders of ACS professional certifications and post-nominal designations (including CITP-US, MACS and FACS), and volunteers acting in an ACS office, committee or panel role.
1.2It governs complaints alleging breach of the Code of Conduct, professional misconduct, dishonesty in obtaining membership or certification, or conduct bringing the Society into disrepute.
1.3It does not cover ordinary service complaints about ACS products, events or staff, which are handled under the Customer Service Policy, nor employment grievances, which follow human resources procedures.
1.4The Society is headquartered in Austin, Texas, and this Procedure is administered consistently with Texas nonprofit law and the ACS Bylaws.

2.1A complaint may be brought by any member of the public, member, certificant, employer, client, ACS staff member or officer of the Society.
2.2The Board of Trustees, the Ethics and Conduct Committee or the Chief Executive may also initiate a complaint where credible information of misconduct comes to their attention.
2.3Anonymous complaints will be considered but will ordinarily receive lower evidential weight unless independently corroborated.

3.1Complaints must be submitted in writing to the ACS Registrar's Office, by post to 600 Congress Avenue, Austin, Texas 78701, or through the designated online complaints portal.
3.2A complaint should identify the respondent, describe the alleged conduct with reasonable particularity, state approximate dates and attach supporting evidence.
3.3Complaints should normally be submitted within twelve months of the conduct complained of, save where the Registrar exercises discretion to accept a late complaint in the public interest.

4.1The Registrar shall acknowledge receipt within five business days and complete an initial screening within twenty business days.
4.2Screening determines whether the complaint, if proven, would constitute a breach within scope; whether it is frivolous, vexatious or manifestly unfounded; and whether it duplicates a matter already resolved.
4.3The Registrar may dismiss a complaint at screening, refer it for informal resolution, or refer it to investigation. Both parties are notified of the outcome and the reasons for it.

5.1Referred complaints are assigned to an Investigating Officer, being a senior staff member or appointed independent investigator with no prior involvement in the matter.
5.2The respondent shall be notified in writing of the allegations and given no fewer than fourteen days to respond.
5.3The Investigating Officer may interview witnesses, request documents and obtain expert opinion. Both parties may be represented by counsel or a support person at their own expense.
5.4The investigation shall normally conclude within sixty business days, extendable for good cause with notice to both parties.
5.5The Investigating Officer produces a written Investigation Report recommending dismissal, informal resolution or referral to the Case Assessment Panel.

6.1The Case Assessment Panel comprises three individuals appointed by the Board: two members in good standing and one independent person unaffiliated with the Society.
6.2The Panel reviews the Investigation Report on the papers and decides, on a reasonable-grounds threshold, whether the matter should be dismissed, resolved by consent (by undertaking, mediated agreement or private advice), or referred to a Disciplinary Committee hearing.
6.3Panel decisions are made within twenty business days of receiving the report and communicated in writing with reasons to both parties.

7.1The Disciplinary Committee consists of five members drawn from a standing panel appointed by the Board: a chair who is an attorney or retired judge, two ACS members and two independent lay members. No member may have had prior involvement in the case.
7.2The respondent shall receive not less than thirty days' notice of hearing, the full case papers, and the right to submit a written response, call witnesses and be represented.
7.3Hearings are normally conducted by videoconference or in person at the Austin headquarters and are private unless the Committee directs otherwise for good cause.
7.4The Society bears the burden of proof. The standard of proof is the balance of probabilities (preponderance of the evidence).
7.5The Committee issues a written decision with reasons within twenty business days of the hearing, addressing findings of fact, whether the Code of Conduct was breached, and any sanction.

8.1Where a breach is found, the Committee may impose one or more of the following, proportionate to severity: no action or informal advice; a private or published reprimand; a period of supervision or mandatory remedial training; suspension of membership or certification for a defined period; removal of post-nominal designations and professional certifications; expulsion from membership and permanent debarment from re-application; or removal from any ACS office, committee or panel position.
8.2Sanctions take effect upon expiry of the appeal period, unless the Committee orders immediate effect to protect the public.

9.1Either party may appeal to the Appeals Board within twenty-one days of the decision, on grounds of procedural unfairness, new evidence, or a sanction that is manifestly disproportionate.
9.2The Appeals Board comprises three individuals, none of whom sat on the Case Assessment Panel or Disciplinary Committee for the case, at least one of whom is independent of the Society.
9.3The Appeals Board may uphold, vary or quash the decision, or remit it for rehearing. Its decision is final within the Society's internal processes.

10.1The timescales set out above are indicative; all bodies shall act as expeditiously as reasonably practicable and shall keep the parties informed of any delay.
10.2All parties, panel members and witnesses shall treat complaint materials as confidential, save as necessary to conduct the process, comply with law or protect the public.
10.3Findings resulting in suspension, expulsion or removal of certification or post-nominals are ordinarily published in summary form — respondent name, finding and sanction — on the ACS website and register, unless publication would be disproportionate.
10.4Dismissed complaints and private advice are not published.

11.1A complainant found to have knowingly made false, malicious or vexatious allegations may themselves be referred through this Procedure and may be barred from bringing further complaints without leave of the Registrar.

Contact the Office of the Corporate Secretary, American Computer Society, 600 Congress Avenue, Austin, Texas 78701.