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The Discipline Committee has 10 members, two of whom are public representatives. The Committee members act as a “pool” from which panel members are drawn for individual hearings. Panels for individual hearings normally include at least one public representative, although this is not a specific requirement of the bylaws.
A Discipline Committee panel must include a minimum of three members, but normally consists of four to ensure that quorum is met should one of the panel members be unable to attend or complete a hearing. All hearings by the Discipline Committee are formal and are open to the public unless an application is granted that they be held in camera.
The hearing is conducted in a quasi-judicial manner and the proceedings are recorded to ensure a written transcript is available if necessary.
The panel hears charges, evidence, and arguments. Typically, the prosecution presents its submission first. The defense is allowed to cross-examine any witnesses and then the defense presents its case, followed by cross-examination by the prosecution. The prosecution may then make closing remarks, followed by the defense. The panel members may ask questions at any time during the proceedings.
The panel, in the absence of all parties, then makes a decision. Under the bylaws, the Discipline Committee may impose any one or several of a number of sanctions, including:
- reprimanding the member in writing
- assessing a fine against the member
- requiring the member to complete specific courses of instruction
- suspending the member for a specified period of time
- requiring the member to practice under supervision
- publishing the particulars of the complaint and its disposition to the general membership, referring to the name of the member or student
- expelling the member from membership in the Institute
The level and type of sanction depend on the nature and severity of the misconduct and the threat to the public interest. |
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