Disciplinary bodies

 

1.34 The Institute's disciplinary bodies are:

• The Investigation Group set up by the Council to investigate matters referred to in bye-laws
• The Disciplinary Tribunal set up by the Council to carry out the duties set out in bye-laws
• The Appeal Tribunal set up by the Council to hear appeals against decisions of the Disciplinary Tribunal, as set out in bye-laws

The disciplinary bodies set up by the Council will have the authority to act in all territories

1.35. At least once every three years the Council must review the membership of the disciplinary bodies and their operation. After carrying out the review, the Council can appoint and remove members.

1.36. There must be no overlap in the members of any of the disciplinary bodies which consider a particular case.

1.37. Members of the disciplinary bodies stay in office until they resign or are removed by the Council.

1.38. The Council must make regulations setting out the constitution and procedures to be followed by the disciplinary bodies established under bye-laws.

1.39. The Council can, if it considers it necessary or desirable, appoint people who are not members of the Institute to the disciplinary bodies and where appropriate as Chairman of the body. However, non-members must not make up more than one third of the membership of any disciplinary body.

1.40. If it appears that a member might have done any of the things referred to in bye-law , the appropriate Investigation Group, or a one-off Investigation Group, will investigate this in the way it thinks right, and decide whether or not to refer the matter to the appropriate Disciplinary Tribunal.

1.41. If the Investigation Group decides to refer a matter to the l Disciplinary Tribunal under bye-laws, it must provide a written report of its investigation, with any supporting evidence it thinks appropriate. The Investigation Group must state whether in its opinion there are sufficient grounds to bring one or more charges, and if so what charge or charges the member should answer.

1.42. If an Investigation Group report states that there are grounds to bring one or more charges, the Disciplinary Tribunal must arrange for the charges to be heard. The Disciplinary Tribunal must at the same time give the member a copy of the Investigation Group's report.

1.43. After the hearing, the Disciplinary Tribunal must consider and decide whether it is satisfied that each charge has been proved.

1.44. If it is found, by the procedure set out in these Bye-laws and any consistent regulations made by Council under bye-laws, that a member has:

• been convicted of an offence which might bring discredit on the Institute or the Profession
• failed to uphold the code of professional conduct and ethics
• behaved, by doing something or not doing something, in a way considered to bring the Institute or the Profession into disrepute
• disobeyed any decisions of the Council or of its Committee or broken any of the Institute's Bye-laws or Charter or Regulations
• failed to comply or co-operate with a Disciplinary Investigation
• failed to comply with a decision or any conditions made by a Disciplinary or Appeal Tribunal.

The Disciplinary Tribunal can apply any of the sanctions set out in bye-laws.

1.45. The Disciplinary Tribunal must make its decision in a written report setting out:

• the details of any charges
• the finding on each charge
• the penalty, or penalties, it recommends for each charge found proved and
• a ruling on whether the report, or any related matter, should be published, and if so how it should be published.

1.46. The Disciplinary Tribunal must give the member a copy of its report and finding together with details of the Appeal procedure.

1.47. The Disciplinary Tribunal can impose one or more of the following penalties as part of its decision under bye-laws.

• to issue a written reprimand
• to order the member to pay costs
• to fine the member
• to order the member to pay restitution
• to cancel the member's professional certificate and require him to return it
• to deprive the member of his Fellowship, or Associate ship either permanently, or for a period, or until he is re-elected as a Fellow or Associate
• to suspend the member for a specified period, and to decide whether the member should continue to pay his subscription while suspended
• to call for, and accept, the member's resignation
• to expel the member, and remove his name from the membership register

A penalty does not affect the member's liability to pay his subscription and any other money he owes to the Institute.

1.48. A member can appeal against the Disciplinary Tribunal's decision against him, or against part of it. To appeal the member must ask in writing for the Appeal Tribunal to consider the appeal, giving the grounds for the appeal.

1.49.The appeal notice must be received by the Secretary General of the Institute within 28 days from the day after the notice of the Disciplinary Tribunal's decision was sent to the member. The appeal notice can be given to:

• the person who gave the member the notice of the decision;
• the Secretary General or
• any other person who is authorised to receive it.

If the appeal notice is given by telephone, or in any other electronic way, it must be confirmed in writing within 14 days.

1.50.The Disciplinary Tribunal's decision will be carried out immediately after 28 days if an appeal notice is not received.

1.51.If, in accordance with bye-laws, an appeal notice is received on time, the member has six weeks from the end of the 28 day period to submit his written appeal application. The appeal application must set out the grounds for the appeal in detail.

1.52.The Appeal Tribunal can refuse to hear an appeal if it considers, in all the circumstances, that the request is frivolous or without merit.

1.53.After it has heard an appeal, the Appeal Tribunal must reach a decision, which must cover:

• details of the decision appealed against;
• a summary of any additional evidence considered;
• the finding on each charge appealed against;
• whether any penalty should be confirmed, quashed, reduced or increased; and
• whether, and if so how, the appeal decision, and anything relating to it, should be published, and whether this will include the member's name.

1.54.The Appeal Tribunal must send a copy of its decision to the member, and its decision will be carried out immediately.

1.55.The decision of the Appeal Tribunal will be final.

1.56.The decisions of all the Disciplinary Tribunals and Appeals Tribunal