1. Any current Regular or Student Member(s) in good standing of SCJA may file a complaint alleging Misconduct on the part of another current Member or Members of the Association.  Such Complaints shall be in writing and should contain the following:
   1. A statement of facts detailing the identification of the Member(s) alleged to have engaged in the Misconduct and sufficient detail of the facts surrounding the incident where the Member Misconduct occurred to allow for a general understanding of what took place, where and when it happened and who was present.
   2. An explanation of how the alleged conduct violated the SCJA Constitution, Bylaws, or any of the Association’s Policies; or how the conduct damaged the Association’s reputation, disrupted the Association’s normal operations, disparaged the Association or any of its members; or how the conduct could have an adverse effect on the Association’s affairs.
   3. A recommendation as to how the alleged Misconduct should be addressed utilizing the actions outlined in Section 7 below.

Complaints concerning Misconduct shall be forwarded via email to the current President of SCJA in office at the time the complaint is lodged utilizing the President’s email address that is posted on the SCJA website.  During the processing of a complaint, the transmission of oral communications and written material shall be completed using the utmost discretion and considerations of privacy, including the use of encryption, when possible, to preserve confidentiality.  During the deliberation of the alleged Member Misconduct at any point during the processing of a complaint, the standard of proof to be used shall be “Clear and Convincing Evidence.” 

If at any time during the processing of a complaint an official inquiry is opened concerning the alleged Member Misconduct, then the Board shall suspend the process until the official inquiry has been completed.  Such inquires can involve the employer of any of the Members directly involved with the complaint; or any local, state or federal agency; or as evidenced by the filing of any legal proceedings which have been undertaken that concerns the alleged Misconduct.  Unless otherwise approved by the Board, the processing of all complaints shall be completed within 15 calendar months from the day the formal complaint is received by SCJA.

2. Upon receipt of a complaint regarding alleged Member Misconduct, the SCJA President shall send an acknowledgment of receipt to the complainant,  and after consultation with the Board, shall appoint a Professional Conduct Committee (PCC) to review the complaint and make recommendations to the Board.  The PCC shall consist of a Chair as well as four (4) other Regular Members in good standing of SCJA, all of whom shall be appointed.  It is a preference that PCC members be either tenured faculty or hold a senior rank at their institution or in their profession.
   
   Should any member of the Board be significantly involved with the complaint, the complainant(s), or any of the Members named in the complaint, then that person or persons shall recuse themselves from any involvement whatsoever concerning the complaint filed.  If the President must be recused, then the Board shall designate another one of its members who is otherwise eligible (the “Designee”) to appoint the committee and oversee the process at hand in lieu of the President.  Once the committee is appointed, the President/Designee shall forward the complaint to the PCC Chair.

3. Once the complaint has been received, the PCC Chair shall be authorized to contact the complainant to request any further documentation needed and/or to seek clarification and subsequent possible revision of the complaint to reflect more detail, setting a reasonable deadline to respond.  If additional information is received, then the complainant, in consultation with the PCC Chair, may amend the original complaint accordingly.  No further modifications or amendments to the complaint shall be permitted.  Once any modification to the complaint and any supporting documentation has been submitted by the complainant, the PCC Chair shall then contact the individual(s) accused of the misconduct, provide copies of the complaint along with any documentation filed with the complaint and request written response(s) from the accused along with any accompanying written documentation.  The accused shall have ample time to respond, but no more than 30 days from day the complaint was transmitted to the accused unless an extension is granted by the PCC.  Every attempt will be made to contact the accused including using the auspices of the SCJA Secretariate for support and engaging professional process services if necessary.  Once the accused responds, the PCC Chair shall forward to the complainant all documentation received from the respondent.  Should the accused refuse to respond, then the PCC Chair shall forward the complaint along with any documentation filed with the complaint directly to the Board for disposition in accordance with Section 7 below.

4. Once all expected documents have been received, the Chair of the PCC shall send copies of the complaint, responses, and supporting documents to all members of the PCC for their deliberation.  During the deliberation process, the PCC shall endeavor to resolve the issue at hand informally, if possible, between the complainant and the respondent (the “Parties”) and to proceed formally only if an informal resolution is not feasible. 

5. After deliberation, if the issue remains unresolved, the PCC shall decide by majority vote whether (a) further investigation is needed, (b) the case should be dismissed, (c) mediation should be attempted, or (d) the case should come to a hearing. 
   1. If the PCC decides that further investigation of the case is necessary, then the following procedures shall take place.
      1. Investigation. The PCC Chair shall appoint a subcommittee of three PCC members who will conduct an appropriate investigation to include interviewing all pertinent Parties and any relevant witnesses to the incident and/or identified by any Party, as well as reviewing relevant documentation.
      2. Report. Upon completion of the investigation, the PCC subcommittee will submit a brief report stating whether or not it finds that the respondent engaged in Member Misconduct and any recommended actions.
   2. Once the subcommittee report has been received, the full PCC shall review it, deliberate and decide by majority vote on one of the remaining courses of action below, and then forward its own Report to the Board.
      1. If the PCC decides that the case should be dismissed and therefore no further pursuit of the matter should be undertaken, then the PCC Chair shall communicate this recommendation and its justification to the Board. 
      2. If the PCC decides that mediation should be attempted, then the PCC Chair shall communicate this recommendation and its justification to the Board.
      3. If the PCC decides that the case should come to a hearing, then the PCC Chair shall communicate this recommendation and its justification as to why mediation was not advocated to the Board.

6. Once the PCC Report is received, the Board shall review the Report, deliberate and by majority vote decide on one of the following courses of action: 
   1. Dismissal.  If the Board decides that the case should be dismissed and therefore no further pursuit of the matter should be undertaken, then the President/Designee shall communicate this decision and its justification to the Parties. 
   2. Mediation. If the Board decides to attempt mediation, the President/Designee shall appoint a mediator, acceptable to the Parties, from among Regular Members in good standing of SCJA. The mediator shall conduct the mediation and in due course notify the Board if the matter has been resolved by written agreement of the Parties.  If no such resolution has been achieved, the mediator should recommend that the matter either be dismissed or that the case proceed to a hearing.  If the Board decides that the matter shall be dismissed upon the recommendation of the Mediator, then it shall notify all Parties of this decision and the mediator’s justification, and the matter shall be closed.
   3. Hearing. If the Board determines that a hearing is appropriate, either upon the recommendation of the mediator, or upon its own initiative, it shall advise the Parties that a hearing will be conducted, giving at least 90-days’ notice of the time and place of the hearing which shall be convenient, if possible, to all Parties. The President/Designee shall appoint three (3) Regular Members in good standing of SCJA to serve as a Hearing Panel (HP), which shall select its own Chair, to review the complaint. The Parties shall be advised of their rights to introduce witnesses and evidence on their behalf, to cross-examine witnesses, and to have the assistance of professional or other counsel at the hearing. All documentary evidence to be introduced by any Party along with the names of all witnesses to be offered in support of the charges, shall be supplied to the other Parties no later than 30 days prior to the hearing.  If the complainant refuses to cooperate with the HP, then the complaint shall be dismissed. If a respondent refuses to participate in the hearing, then the HP shall continue without their participation
      1. At the hearing, the evidence in support of the complaint shall be presented by the complainant, by complainant’s counselor, or by a representative of SCJA. The respondent shall have full opportunity to answer the charges and present any supporting evidence personally, by respondent’s counselor, or by a representative of SCJA chosen by respondent (or appointed by the HP should respondent refuse to participate in the hearing). The HP may introduce its own witnesses to answer factual questions.
      2. The HP shall record the proceedings of the hearing. The Parties shall have the right to be present either in person or, with the consent of the HP through electronic medium at all evidentiary sessions of the hearing, and to have a transcript at cost. Every attempt will be made to conduct hearings at one time and place, so as to reduce travel costs of the Parties involved in the dispute.
      3. Unless the respondent requests a public hearing, and the HP grants such a request, the hearing of the complaint shall be closed. All persons except those necessary for the conduct of the hearing shall be excluded.
      4. At the conclusion of the introduction of all evidence, the Parties and/or their counsel/representative shall be permitted time to provide brief, summary arguments for or against their position concerning the complaint.
      5. Thereafter, the HP shall conduct its deliberations in private (either through a face-to-face meeting or through an electronic medium).
      6. If the HP finds that no Member Misconduct has occurred, then the HP Chair shall communicate this decision and its justification to the President/Designee, who shall notify all Parties, and the case will be closed.
      7. If the HP finds that Member Misconduct has occurred, it shall prepare a report of the case summarizing its findings and recommendations.  A copy of the report shall be sent to the complainant and the respondent, each of whom shall both have an opportunity to prepare written comments within 30 days of receipt of the findings.  Once the deadline has expired, the HP Chair shall send the report and any written comments from the Parties to the Board.

7. Upon receipt of the report from the PCC, or upon receipt of the complaint and accompanying documentation from the PCC Chair in accordance with Section 3 above, the Board shall review the information forwarded, deliberate and by majority vote decide on one or more of the following courses of action thereby making the final determination of the case on behalf of SCJA.  The President/Designee shall then notify the Parties of the Board’s decision:
   1. Dismissal.  If the Board decides to dismiss the case, the Parties will be informed of the Board’s decision and its rationale by the President/Designee.
   2. Reprimand. In cases where there has been Member Misconduct that did not cause serious personal and/or professional harm, an educative Letter of Reprimand concerning the Member Misconduct, including any stipulated conditions of redress, may be drafted and sent to the respondent. Failure to comply with stipulated conditions of redress in a reprimand may result in the imposition of a more severe sanction at a later date.
   3. Denial of Privileges. In cases where there has been Member Misconduct that did cause some personal and/or professional harm, the respondent may be denied one or more of the privileges of SCJA membership and/or the opportunity to participate in SCJA activities.
   4. Employer Notification. Where the Board determines that the seriousness of the Member Misconduct warrants a stronger response, it may direct that a copy of the Letter of Reprimand drafted in accordance with Sub-section b. above be sent to the immediate supervisor of the respondent.
   5. Termination of Membership. In cases where the Board determines that there has been Member Misconduct that has caused serious personal and/or professional harm, membership in SCJA of the subject(s) of the complaint may be terminated. The eligibility to reinstate membership at the expiration of a period shall be determined by the Board.

8. The filing of the complaint and all proceedings of the PCC, mediator, HP, President/Designee, and Board concerning a complaint shall be kept confidential except when compelled by a valid subpoena, by a final court order, or by the request of the respondent(s). Any breach of confidentiality by any Member involved with a complaint under these procedures shall be considered a violation of SCJA policy. Initiation of legal action concerning the complaint against SCJA or its officers or employees shall constitute a waiver of confidentially by the person initiating such action.