Edited May 2018
The name of this organization shall be the California Association of Polygraph Examiners
- This document shall be known as the Constitution of the California Association of Polygraph Examiners.
- All persons who, at the time of this Constitution goes into effect, hold offices under the sections of any previous Constitution, which office are continued by this Constitution, shall continue to hold the same offices according to the former tenure thereof.
- No action or proceeding commenced before this Constitution takes effect, and no right accrued, is affected by the provisions of this Constitution, but all provisions thereafter taken herein shall conform to the provisions of this Constitution.
- Unless the context otherwise requires the General Provisions hereinafter set forth shall govern the construction of the Constitution.
- Should this Constitution or any part thereof, or any additions or amendments made subsequently thereto, be found in conflict with any law, state or federal, concerning the qualifications of any person to practice polygraph within this state, such conflict shall be resolved in favor of the law, provided that the qualifications required by the law be less restrictive than the requirements of this Constitutions, such conflict shall be resolved in favor of this Constitution.
- Writing shall include any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this Constitution, it shall be made in writing in the English language. Whenever any notice or other communication affecting the membership status of any member is required by this Constitution to be mailed, the mailing of such notice or other communication by first class mail shall be sufficient compliance with the requirements of this Constitution.
- Whenever any reference is made to any portion of this Constitution, such reference shall apply to all amendments and additions thereto now or hereafter made.
- The present tense includes the past and future tense: and the future, the present.
- The singular includes the plural and the plural, the singular.
- The masculine gender includes the feminine and neuter.
- "Shall" is mandatory and "may" is permissive.
- "Accredited school" shall mean any school of polygraph accredited by the American Polygraph Association.
- "Assessment" shall mean any extraordinary payments by a member of Association as authorized by ARTICLE X of this Constitution.
- "Association" shall mean the California Association of Polygraph Examiners also known as CAPE.
- "Dues" shall mean any and all dues made payable to this Association by any member thereof as authorized by ARTICLE X of this Constitution.
- "Examination" shall mean the entire environment within which a member renders an opinion as to the veracity of an examinee's statements concerning the primary issue of the matter under investigation and shall mean and include all charts and polygrams in any way connected therewith.
- "Meeting" shall mean any meeting of the general membership of this Association and/or any meeting of the Board of Directors of this Association.
- "Member" shall mean any natural person as defined and limited in ARTICLE VI of this Constitution.
- "Officer" and/or "Director" shall include any natural person as defined and limited in ARTICLE VIII of this Constitution.
- "Year" shall mean the calendar year beginning at 0001 hours, January 1 and ending at 2400 hours, December 31 of any year. The affairs of this Association shall operate on the basis of a calendar year.
- Should any provisions of this Constitution, or the application thereof to any person or circumstance, be held invalid by any due process of law, the remainder of this Constitution and the applications of its provisions to other person or circumstances, shall not be affected thereby.
Objectives and Purposes
The objective of this Association shall be to:
- Serve the cause of truth in an ethical, professional manner with integrity, objectivity and fairness to all persons.
- Encourage and support research, training, and education of benefit to members of this Association and the polygraph community.
- Judiciously screen applicants for membership to determine their education, training and experience and moral character so as to assure professional competence and ethical conduct by all members.
- Regulate the conduct of its members by requiring the utilization of standards and techniques that are recognized and accepted by the American Polygraph Association.
- Govern its members by establishing a Code of Ethics and requiring adherence to that code.
- Provide a forum for the presentation and exchange of information relating to polygraphy.
Code of Ethics
The members of the California Association of Polygraph Examiners shall, and hereby do, by virtue of their membership, pledge themselves to:
- Support the purposes and objectives of CAPE.
- Maintain the highest standards of professional, moral and ethical conduct by assuming the responsibility for conduct and behavior designed to serve the cause of truth and justice.
- Respect the dignity of all mankind and deal fairly, justly and objectively with all persons, regardless of race, color, creed, sex or national origin.
- Hold themselves apart from influences intended to benefit their political or financial well being while exercising their professional judgements and opinions.
- Abide by all the provisions of (ARTICLE V) the Standards and Principles of Practice of this Constitution.
Standards and Principles of Practice
In order to achieve unity of purpose; assure a clear concept of obligations to each other and the profession; and to provide for the continuing welfare and protection of the general public; all members of this Association shall abide by the following Standards and Principles of Practice:
- Each member shall recognize that his primary responsibility is to the person who has volunteered to submit to a polygraph examination, regardless of the circumstances that created the need for the examination.
- Recognizing that a polygraph examination can not be conducted on a person against his will, no member shall conduct or attempt to conduct any polygraph examination when he believes or has reason to believe the examinee has been subjected to coercion or duress. Further, no member shall conduct or attempt to conduct any polygraph examination in violation of any California or federal legislation pertaining to polygraphy. Legal exceptions to this section are recognized and may be justified on an individual basis only.
- The examiner shall make reasonable efforts to determine that the examinee is a fit subject for testing, where allowed by law. Basic inquiries into the medical and psychological condition of the examinee as well as any recent drug use should be made where allowed by law. Mental, physical or medical conditions of the examinee that should be observable to, or that should be reasonably known by the examiner, should also be considered prior to testing. No test should be conducted where valid results could not be reasonably foreseen.
- No member shall render a conclusive oral or written opinion, decision or report based upon the results of a polygraph examination unless said opinion, decision or report is based upon and supported by not less than two (2) polygraph charts, each of which conforms to a standardized polygraph technique Recognized and approved by the American Polygraph Association.
- A member shall afford each examinee a reasonable opportunity to explain physiological reactions to relevant questions in the recordings. There are three exceptions:
- When the examinee is represented by an attorney who requests that no post-examination interview be conducted and that the results of the examination be released only to an attorney.
- When the examination is being conducted by court order which stipulates that no post-examination interview is to be conducted.
- Instances of operational necessity.
- No member shall include in any opinion, decision or report, oral or written any statements purporting to be of a medical, legal or psychiatric nature, unless, by virtue of his education, he is qualified to make such statements. This shall not preclude the member from describing the appearance or behavior of the examinee, if such appearance or behavior is pertinent to the polygraph examination, providing the member refrains from any diagnosis which he is not professionally qualified to make.
- No member shall conduct any polygraph examination when he has a reason to believe said examination is intended to circumvent or defy the law.
- Every polygraph opinion, decision or report, oral or written, shall be a factual, impartial and objective account of the relevant information developed during the polygraph examination, based upon an analysis of the polygrams.
- Optimally, and to assure objectivity, the fee for the polygraph services should be collected prior to the examination of civil, private and/or criminal matters. No member shall solicit or accept irregular fees, gratuities or gifts which may be intended to influence his opinion, decision or report. Further, no member shall set any fee for professional polygraph service contingent upon the findings or results of such services, nor shall any member increase his initially agreed upon fee as a direct result of his findings during the polygraph examination.
- No member shall express orally or in writing any conclusion or opinion, which is based solely upon subjective observation or personal assumption. This shall not preclude the rendering of a professional judgment or opinion based upon the interpretation and analysis of polygrams in the absence of substantive admissions by the examinee.
- All information obtained during the course of a private (as opposed to public agency) polygraph examination is privileged and shall not be made public. This shall not prohibit the member from disclosing said information and/or his opinion to the examinee, the examinee's attorney, the member's client or any other person authorized by the examinee or court order to receive such information: nor shall this prohibit a member from disclosing the examinee's polygrams and his opinion based upon those polygrams to another member of this Association, the American Polygraph Association or the American Association of Police Polygraphists provided such disclosure is solely for the purpose of professional consultation.
- No member shall disclose to his client or any other person, extraneous, personally degrading or embarrassing information obtained from the examinee which has no bearing on the relevant issue in question.
- No member shall offer testimony concerning the polygrams or opinions presented by another member unless he uses or is sufficiently familiar with the techniques or procedures employed by the other members. This restriction shall not apply when the techniques or procedures in question are not one of those techniques or procedures taught at an American Polygraph Association accredited school; nor shall this restriction prohibit a member from testifying when such testimony is based upon his own independent polygraph examination of the same examinee.
- No member shall deliberately degrade or malign another member of this Association, in public, court or otherwise. It is recognized that occasional differences of opinion regarding procedures and techniques and the results thereof will occur. Such disagreements shall be stated as "a difference of professional opinion."
- No member shall publish or cause to be published any false or misleading advertisements relating to this Association or the polygraph profession.
- No member shall conduct any examination for the purpose of verifying the truth or detecting deception without the use of an instrument capable of accurately, separately and simultaneously recording the following channels or components:
- Respiration patterns recorded by pneumograph components. Thoracic and abdominal patterns shall be recorded separately, using two pneumograph components.
- Electrodermal activity reflecting relative changes in the conductance or resistance of current by the epidermal tissue.
- Cardiograph to record relative changes in pulse rate, pulse amplitude and relative blood volume.
- Physiological recording during each test shall be continuous, and shall be of sufficient amplitude to be easily readable by the examiner and any reviewing examiner. Pneumograph and cardiograph tracings over one-half inch in amplitude shall be considered of sufficient size to be easily readable.
- The polygraph shall be given a functionality or calibration test consistent with manufacturer recommendations. The functionality or calibration test shall be administered prior to all evidentiary examinations. At a minimum these tests shall be maintained by the examiner for no less than one year. Compliance with state and federal law shall be required.
- Any member who knowingly and/or deliberately administers or attempts to administer any polygraph examination in any manner not consistent with CAPE and APA Standards and Principle of Practice shall be subject to investigation, counsel, censure, suspension or expulsion from this Association.
- Members should refer to the Polygraph Examination Guidelines and Recommendations that are published by CAPE and/or APA as a guide.
- Membership in the California Association of Polygraph Examiners is a privilege and there shall be five (5) classes of membership. Any person convicted of any felony crime or who commits any act considered to be detrimental to the polygraph profession as determined by the Board of Directors shall be ineligible to hold or continue to hold any class of membership in this Association. The classes of membership shall be:
- Intern Member
- Full Member
- Honorary Member
- Life Member
- Affiliate Member
- Requirements, obligations, duties and limitations of membership.
- INTERN MEMBER
- Applicants for Intern membership shall:
- Have graduated from a school of polygraph accredited by the American Polygraph Association.
- Be eligible to attend and participate in all activities of the Association. They shall not be eligible for election to any office nor to chair any committee. They may serve as a committee member with the approval of the Board of Directors. They shall not represent themselves as other than an Intern Member of this Association.
- Shall not be eligible to vote on matters before the Association, until such time as they complete their internship.
- Pass any examination as established and required by the Membership Committee.
- Be eligible for full membership upon completion of requirements as expressed in the By-Laws of this Association.
- FULL MEMBER
- Applicants for Full membership shall:
- Have graduated from a school of polygraph accredited by the American Polygraph Association and submit proof of such graduation to the membership committee.
- Have successfully completed CAPE'S internship program or
- Meet the requirements as outlined in the CAPE By-Laws.
- Full members in good standing shall:
- Be eligible to attend and participate in all activities of the Association.
- Have full voting rights in all matters before the general membership and on any committee of the Association on which he may serve.
- Be eligible for election or appointment to any office or committee of this Association.
- HONORARY MEMBER
Any person who has made a significant and outstanding contribution to the polygraph profession may be eligible for Honorary Membership in this Association.
- Honorary Members shall:
- Have no voting rights before the general membership.
- Not be eligible for election or appointment to any office or committee of this Association or serve thereon.
- Not represent themselves to be other than Honorary Members of this Association.
- Not conduct any examination for the purpose of verifying the truth or determining deception unless such examination is conducted solely for the purpose of objective scientific inquiry. Any Honorary Member who violates this section shall be expelled from this Association.
- Be able to attend all meetings of the general membership of this Association.
- LIFE MEMBER
Life membership may be granted to a Full Member of this Association who, by reason of retirement, health or personal finances would otherwise have to sever their membership; or to a Full Member of this Association who has made an outstanding contribution to this Association; or to a Full Member of this Association who has held general membership status for twenty (20) or more consecutive years. Life Membership may be granted only upon recommendation by a two-third-majority vote of the Board of Directors and acceptance by a three-quarters majority vote of all Full Members voting at a regular meeting of the general membership. The nominee need not appear before the membership.
- Life Member shall:
- Retain all rights and privileges of general membership.
- Be exempt from all dues and assessments of this Association.
- AFFILIATE MEMBER
Persons having a valid professional interest in polygraph may be eligible for affiliate membership in the Association.
- Affiliate Member shall
- Submit a written application for membership to the Association.
- Have no voting rights in any matter before the general membership.
- Not be eligible for election or appointment to any office or committee of this Association nor serve thereon.
- Not represent themselves to be other than Affiliate Member of this Association.
- Not conduct any examination for the purpose of verifying the truth or determining deception unless such examination is conducted solely for the purpose of objective, scientific inquiry. Any Affiliate Member who violates this section shall be expelled from this Association
- Be able to attend all meetings of the general membership of this Association.
Termination and Reinstatement of Membership
- Subject to the provisions of this Article, membership in this Association shall be terminated for either of the following causes:
- Conviction of any felony or crime of moral turpitude or
- Commission of any act considered to be detrimental to the polygraph profession as determined by the Board of Directors.
- Conviction shall be held before any court of competent jurisdiction, state or federal, wherever located. For the purposes of this Article, conviction shall be held on a plea of "no contest" or when included in a lesser offense or when included as a condition of any probation.
- Subject to the provisions of the Article, membership in this Association may be terminated or suspended for any of the following reasons:
- Violation of any part of the Standards and Principles of practice.
- Conduct by any member of this Association, which brings or may tend to bring discredit to this Association or the polygraph profession.
- Representation by any member that he holds a class of membership, which in fact he does not hold.
- Failure of any Intern, Full or Affiliate Member to meet and pay all financial obligations to this Association when due and payable.
- Any member who has been arraigned in any court of competent jurisdiction on a charge of any felony crime or any crime related to amoral conduct or moral turpitude shall, within thirty (30) days of such arraignment, notify the President and Chairperson of the ethics committee of such arraignment. Notification shall be in writing and shall include the nature of the charge, the name of the court in which the member was arraigned, the date of the arraignment and the case or docket number assigned by the court clerk. The membership of any member who fails to comply with the provisions of this section shall be suspended without action of the Board of Directors. Suspension of said membership shall be effective on the thirty-first (31) day after arraignment and shall continue until the arraigned member complies with the requirements of this section.
Officers and Directors
The officers of this Association shall be: President, Vice President, Secretary, Treasurer and Directors. The Immediate Past President will serve as set forth is Article VIII, Paragraph F below.
The President shall be elected to a term of one (1) year. The President shall:
- Preside over all meetings of the full membership and over all meetings of the Board of Directors. Provided, he may delegate these duties to the Vice President with the consent of the Board of Directors.
- Have general supervision over the affairs and administration of this Association and of the duties performed by other elected officers and appointees.
- Perform such duties as the Board of Directors may properly assign him or as may be provided by this Constitution.
- Call a special meeting of this Association or Board of Directors when required to do so by a majority of the Board of Directors or upon written request by one-half (1/2) of the full membership.
- Represent this Association at any official function. Provided, he may delegate this function to any Member with the consent of the Board of Directors.
- Appoint all chairpersons of the standing committees.
- Serve on the Board of Directors, with full voting rights, during tenure of the successor.
- Appoint the chairperson of all committees established for a special purpose. The President shall be the sole appointing authority for all special committees. The President may call a special committee into session at any time. All special committees so established shall terminate upon the expiration of the appointing President's term in office or upon dissolution by the President. All committee chairpersons shall serve at the pleasure of the President.
- VICE PRESIDENT
The Vice President shall be elected to a term of one (1) year. The Vice President shall:
- In the absence of the President or their inability to act, perform the obligations and duties of the President.
- In the absence of the President, the Vice-President may act as President.
- In the event the President is unable to act due to death or severe illness, the Vice President shall act as President without further proceedings.
- Perform such duties as the Board of Directors may assign him or as may be provided by this Constitution.
The Secretary shall be elected on odd years to a term of two (2) years The Secretary's two-year term shall overlap the Treasurer's two year term. The Secretary shall:
- Maintain in writing all minutes, resolutions and proceedings of this Association and the Board of Directors thereof.
- Maintain a complete and current mailing list of all members of this Association
- Conduct all correspondence necessary to preserve the best interests of this Association.
- Maintain a file of each member of this Association. Said file shall contain a copy of the member's application for membership and any other correspondence relating to that member. Such files shall be confidential and no disclosure of their contents shall be made to any person. Provided, such files may be disclosed:
- To the respective member
- To the members of the Ethics Committee solely for the purpose of conducting an investigation subsequent to the filing of an allegation of misconduct against that member.
- To any court of competent jurisdiction pursuant to a lawful order directing the production of said files.
- To the Board of Directors for the purpose of conducting an investigation subsequent to the recommendation of the Ethics Committee.
- To the duly appointed Auditing Committee for their yearly audit, to validate the content and completeness of members files. Access shall not be granted to the Auditing Committee into sealed ethics investigation files.
- Destroy the files of members of this Association after they have been inactive for more than three (3) calendar years and all other files not necessary to the day to day operation or the historical preservation of this Association.
- The Secretary shall maintain a record of such membership destroyed and the status of such member at the time such member left the Association.
- The Secretary shall retain all SUSTAINED investigations that resulted in revocation of CAPE membership.
- The Secretary shall maintain all SUSTAINED, NOT-SUSTAINED, EXONERATED or UNFOUNDED ethics complaints for a period of five years from the date of the original complaint. After five years all of the afore mentioned ethics complaints and related files, other than those that resulted in revocation of membership, shall be destroyed.
- The Secretary shall maintain all ethics complaints that were deemed NO FINDING for one year and then destroy the complaint and related file.
- The Secretary shall destroy ethics files involving deceased members or former members once death is confirmed.
- The Secretary may open a sealed ethics file at the direction of the ethics committee. The Ethics Committee request shall be in writing and will be made a part of said file.
- Maintain all training records of this Association.
The Treasurer shall be elected on even years to a term of two (2) years The Treasurer's two-year term shall overlap the Secretary's two year term. The Treasurer shall:
- Be the custodian of all funds and securities, which belong to this Association and maintain those bank accounts that are necessary and proper to meet this requirement.
- Maintain complete and accurate records of all financial transactions related to this Association.
- Be authorized by virtue of this Constitution, to act in all financial matters, wherein an authorized signature is required on behalf of this Association.
- Make available to the Auditing Committee, upon demand by the chairperson of that Committee, any and all financial records, statements or accounts of this Association as well as any and all documents attendant thereto.
- Compile and make available to the general membership at each regular meeting thereof, a Statement of Assets and Liabilities as well as a Statement of Expenses covering the period immediately preceding the then current meeting.
- Notify each member in writing, no later than November 1 of any and all dues and/or assessments then due and payable for the next calendar year.
- Collect all dues for the following calendar year no later than December 15 and all assessments when otherwise due.
The directors of this Association shall be four (4) in number.
- Directors shall be elected to a term in office of two (2) years.
- Two (2) Directors shall be elected in each calendar year, which ends in an even number; and two (2) Directors shall be elected in each calendar year which ends in an odd number, thus serving staggered terms of two (2) years.
- IMMEDIATE PAST PRESIDENT
The Immediate Past President position is activated when a new President is elected. The Immediate Past President shall:
- The term for this position is for no more than one year; it can be shorter if both past and newly elected President agree. After the one year, if no new President is elected, the position will be deactivated. The position will be re-activated when the current President either resigns or is defeated in an election for a term of only one year.
- The Immediate Past President is to provide assistance, advice or mentoring to the newly elected President when requested.
- The Immediate Past President is no longer an elected Officer of the Board and will not have voting rights on executive matters. The Immediate Past President will have the same voting rights as other general members.
- The Immediate Past President may serve on standing committees at the discretion of the President for a term not to exceed the one-year term of Immediate Past President
- In addition to the duties imposed by this Article, the Officers and Directors shall perform all other duties and obligations imposed on them by any other Article of this Constitution.
Board of Directors
- The Board of Directors shall consist of the President, Vice President, Secretary/Treasurer, immediate past President and the four (4) Directors of this Association. The President shall be the chairperson of the Board of Directors.
- The Board of Directors shall convene within twenty-four (24) hours prior to each meeting of the general membership and at such other times and places as may be necessary. The Chairperson of the Board of Directors may call a special meeting of the Board of Directors at any time. At any meeting of the Board of Directors, four (4)) or more members shall constitute a quorum. No vote shall be taken by the Board of Directors in the absence of a quorum.
- The Board of Directors shall be responsible for the administration of the affairs of this Association in the interval between regular meetings of the general membership. The Board of Directors shall have the authority to take any action necessary to protect and further the best interests of this Association.
- The Board of Directors shall report all financial transactions entered into and all contractual obligations incurred by the Board of Directors on behalf of the Association to the general membership at every regularly scheduled meeting of such membership. Further, the Board of Directors shall report to the general membership, at the next meeting thereof, the censure, suspension or termination of any member.
- Should an allegation of misconduct be filed against any member of the Board of Directors, said member shall immediately notify the Board of Directors of CAPE.
- The Board of Directors shall receive and consider the findings of the Ethics Committee. Upon receipt of the findings of the Ethics Committee, the President shall notify the accused, in writing, of the findings of the Ethics Committee. The accused shall have the right to file an appeal of the findings of the Ethics Committee. That appeal shall be filed in writing with the President within thirty (30) days of receipt of the notification. If the accused fails to file a timely appeal, the Board of Directors shall ratify the findings of the Ethics Committee. If the accused files a timely appeal, the President shall schedule a meeting of the Board of Directors at one of the next two regularly scheduled training conferences. The Board of Directors may sustain, modify or reject any such recommendation upon a two-thirds (2/3)-majority vote. The decision of the Board of Directors shall be final. In the event the accused fails to appear at the appeals hearing, the Board of Directors shall ratify the findings of the Ethics Committee. The Secretary/Treasurer shall record all such actions in the personnel file of the member affected.
Meetings, Elections, Voting and Dues
- The general membership of this Association shall meet not less than two (2) times each calendar year. The Board of Directors shall establish the date, time and place of such meetings.
- Members of this Association present at any meeting of the general membership shall constitute a quorum to transact any and all business brought before the membership by proper motion. A simple majority vote, unless otherwise provided, shall be sufficient to carry any motion before the general membership.
- Election of Officers and Directors shall be held during the last meeting of the general membership in any calendar year. The election of Officers and Directors shall be held by secret ballot provided the election of any unopposed candidate may be by voice of vote. Officers and Directors shall be elected by a plurality of the votes cast. All Officers and Directors shall take office immediately upon their election.
- In the event of the death or resignation of any Officer or Director of this Association, the President, with the consent of the majority of the Board of Directors, shall immediately appoint a Member of this Association to serve the unexpired term of the deceased or resigning Officer or Director. In the event of the death or resignation of the President, the Vice-President shall become the President. In the event the Vice President is deceased, resigns or assumes the office of the President, the Board of Directors, by majority vote shall immediately appoint any Member of this Association to fill the Vice Presidents unexpired term.
- Any member of this Association shall be entitled to speak on the floor at any meeting of the general membership. Only Full and Life Members shall have the right to vote upon motions, elections and any other business before the Association.
- Dues and special assessments may be established and levied against Intern, Full and Affiliate Members. Any and all dues and/or special assessments so levied shall only be established by a two-thirds (2/3) vote of the Full Members of this Association present and voting at a regular meeting of the general membership. Assessments shall not be levied against Life or Honorary Members. Unpaid dues are delinquent if not paid by the end of the first meeting of the calendar year.
- The President may appoint committees for the purpose of administering the needs and goals of this Association.
- The President shall appoint the chairs of the Ethics and Audit Committees. The Chairs of these standing and all other committees shall be the sole appointing authority of all members of their committees. Members of all committees shall serve at the pleasure of the Chair and may be removed and replaced at any time for any cause.
- ETHICS COMMITTEE
The Ethics Committee shall consist of a Chair and four (4) members.
- The Secretary of this Association shall receive all allegations of misconduct against members of this Association in the manner and form prescribed by Article III of the By Laws of this Association. These allegations shall be forwarded to the Chair of the Ethics Committee and a copy forwarded to the President.
- The Ethics Committee shall expeditiously, fairly and impartially investigate all allegations of misconduct against members of this Association. Upon receipt of an allegation of misconduct by a member, the Committee shall immediately, in writing, notify the accused member of the name of the accuser, the date the allegation was received and shall mail a copy of the allegation to the accused. Should an allegation be filed against a member of the Ethics Committee, said member shall immediately resign from the Committee pending resolution of the allegation, and the Chairperson shall appoint his replacement within five (5) days.
- The accused member shall have thirty (30) days from the date of notification by the chair in which to request a hearing before the Committee. Such a request shall be addressed to the chair of the Committee in writing. Upon a request for a hearing, the chair shall hold a meeting of the Committee for the purpose of affording the accused member the opportunity to answer the accusation at one of the next two regularly scheduled meetings. The accused may appear at the hearing in person or he may be represented by his written statement. If the accused fails to request a hearing or fails to appear at a hearing subsequent to request for one, the Committee may proceed with any investigation it deems necessary to make a fair and impartial finding to the Board of Directors.
- The Committee shall conduct its investigation in an expeditious manner. . The President shall, after three hundred and sixty five days (365) days, order the Committee to terminate any investigation and forward forthwith to the Board of Directors its decision on the allegation. The Committee shall comply with this order within thirty (30) days. No investigation shall continue for a period of more than one (1) year. If the Committee fails to forward its decision to the Board of Directors or should the Board of Directors fail to act on any allegation of misconduct within one (1) year from the date the initial allegation, or any appeal was made, the allegation shall be dismissed and no further proceedings shall be held.
- Meetings of the committee shall be closed to all persons, save the members thereof, the accused and any and all witnesses called by the Committee. The accused shall have the right to legal counsel or other advocate and such counsel or advocate shall be permitted to attend any meeting of the Committee for the purpose of representing the accused. The accused may call witnesses on his behalf and shall have the right to cross-examine any and all witnesses who may testify against him.
- Immediately upon the submission to the Board of Directors of the final decision on an allegation of misconduct, the chair shall forward to the Secretary/Treasurer any and all records, documents or other materials connected with the investigation by the Committee. The Secretary/Treasurer shall seal these records, documents or materials in an envelope and file the envelope in the accused member's membership file. Thereafter, the envelope shall be opened only in accordance with the limitations of Article VIII, Section D, Subsection 4 of this Constitution.
Upon consideration of all evidence presented to it or developed by it in the course of its investigation, the Committee shall submit its findings to the Board of Directors in writing.
"Findings" require a two-thirds majority vote of the Board.
If the allegation is sustained, disciplinary action will be taken as described below.
- Letter of Censure
- Remedial training and/or probation not to exceed 24 months.
- Suspension of membership not to exceed 24 months. Reapplication required
- Suspension of CAPE Examiner certification. Reapplication required
- Revocation of membership with prejudice - no reapplication allowed.
A copy shall be delivered to the President. The findings shall be signed by all members of the Committee. Thereafter, no member of the Committee shall discuss the investigation or the findings with any person other than a member of the Committee, the Board of Directors or a person designated by court order, the subject member of the inquiry or that member's designated representative.
- The below listed "Findings" require a two-thirds majority vote of the CAPE Board of Directors.
- Sustained: The investigation disclosed evidence sufficient to prove the allegation(s) by a preponderance of the evidence.
- Not Sustained: The investigation failed to disclose the evidence sufficient to prove or disprove the allegation by a preponderance of the evidence.
- Exonerated: the act did occur, but was consistent with CAPE policies and procedures.
- Unfounded: The investigation revealed the allegation was false or not factual or the named CAPE member was not involved.
- No Finding: The complainant failed to cooperate sufficiently with the investigation in order to complete it; or the complainant wishes to withdraw the complaint; or the person named in the complaint is no longer a member of CAPE.
- AUDITING COMMITTEE
The auditing committee shall consist of a Chair and at least one (1) member.
- As pertains to Article VIII, Section D, Subsections 1 through 7 of this constitution, the Auditing Committee may audit the records of the Secretary/Treasurer at any time.
- As pertains to Article VIII, Section D, Subsections 1 through 7 of this Constitution, the Auditing Committee shall audit the records of the Secretary/Treasurer once each year, provided the Committee shall not audit no have access to the sealed ethics investigations of any member.
- For the purpose of any audit conducted by the Committee, the Secretary/Treasurer shall make available to the Committee all records of this Association in their custody within ten (10) days of a written demand by the chairperson.
- The committee shall report its findings made subsequent to any audit conducted under this Article to the President and the Board of Directors not less than thirty (30) days after the conclusion of such audit, nor later than the next regular meeting of the general membership. Any report of findings so submitted to the Board of Directors shall be submitted in writing and shall be signed by all members of the Committee.
- This Constitution may be amended by a two-thirds (2/3) majority vote of all Members of this Association present and voting at a regular meeting of the general membership as provided in Article X of this Constitution. Provided, no amendment shall be voted upon unless a copy of the proposed amendment has been mailed by first class mail to all Members of this Association at least thirty (30) days prior to the meeting at which the amendment is to be voted on.
- Amendments shall take effect immediately upon approval unless otherwise stated in the amendment.
The Board of Directors is authorized to establish, maintain and modify a set of Association by-laws. Such By-laws shall govern the necessary functional aspects of this Association and make membership requirements.
In all instances not covered by this Constitution, the parliamentary authority for this Association shall be Roberts Rules of Order.
This Constitution shall take effect and supersede, subject to the provisions of Article II, any other Constitution then in effect, immediately upon approval.