Association of Forensic DNA Analysts and Administrators

III. Membership

E. Code of Ethics

We the members of AFDAA, shall strive to the utmost to uphold the following code of ethical conduct in ourselves as well as in other members of the association.

1. Comply with the by-laws of the Association.

2. Treat all information from any agency, client, or fellow member with the confidentiality required.

3. Carry out the duties of the profession with integrity, attention to accuracy, and in an unbiased manner.

4. Will not misrepresent qualifications, evidence, opinions, conclusions, or testimony.

F. Member Liability

Any member who has knowingly violated any of the provisions of the Code of Ethics may be liable for censure, suspension or expulsion by action of the Membership.

Article VI

Complaint(s) or Allegation(s) of Violation of the Code of Ethics

The following procedure shall apply to any written complaint, allegation, or inquiry of unethical or wrongful conduct against a member whether initiated by a member.

1. Initiating Action

a) A member of the Association may submit a formal written complaint, allegation, or inquiry of violation(s) concerning a member to the Chair, or the Chair may bring about an inquiry based on any evidence brought forward which indicates the need for further investigation of a member.

i. For action against any officer refer to Article IV

b) The Chair will notify the member being investigated that an inquiry is pending and that their cooperation is important to facilitate the investigation.

c) Unethical accusations by any member will also be investigated to the full extent of under these rules.

2. Establishment and Charge of the Investigating Committee

a) The Chair will have 15 days in which to form an ad hoc committee composed of an even number of members at large (a minimum of 4) one of which will be appointed as the coordinator. No officer will be involved as a committee member. No member affiliated with the accusing party or the accused member’s laboratory system shall be involved as a committee member.

b) The primary functions of the committee will be:

i. To investigate alleged violations of the Code of Ethics

ii. To act as an advisory body, rendering opinions on the alleged violations

c) Further, the members of the investigating committee shall not refrain from discussing complaint(s), allegation(s), or issue(s) outside the committee and/or officers until the committee presents documented findings of actual violations.

3. Investigation and Hearing

a) The committee shall determine whether the complaint(s) or allegation(s) fall within its jurisdiction and whether there is probable cause to proceed further.

i. If in its preliminary assessment there is a lack of probable cause to believe the complaint(s) or allegation(s), the issue will be dismissed and a report shall be issued to the chair stating the reasons for its decision to dismiss. Notice of this decision will also be given to the member being investigated and the accuser(s).

ii. If there is probable cause to believe the complaint(s) or allegation(s) are founded, the committee shall give notice to all parties involved so that they may assemble such written data pertinent to the investigation so as to permit the committee to determine the nature of the investigation and if further action is necessary.

iii. If the committee decides to dismiss the allegation(s) without formal hearing, it may do so. The issue will be dismissed and a report shall be issued to the chair stating the basic facts and stating the reason(s) for its decision. Notice of this decision will also be given to the member being investigated and accuser(s).

vi. If the committee decides to formally hear the charge(s), it shall give the members a reasonable opportunity to be heard, further investigated, and/or take the necessary corrective action. It shall then make a decision and notify all parties involved of its decision. The committee shall then prepare a report to the Chair stating the facts and the committee’s recommendation(s).

b) Following receipt of an investigative report, the Chair will present the results and recommendations to the other officers. With the approval of all of the officers, the committee’s findings, recommendations, and proposed actions shall be presented in writing to the member being investigated.

c) Within 30 days, T (t)he accused has the right to appeal to any officer prior to the release of the recommendations to the Association. In effecting an appeal, the appellant may present any other information they believe to be pertinent to the investigation.

d) If at any step in this investigation process a decision is finalized, a report shall be issued, stating the basic facts but omitting names unless otherwise requested by the member being investigated.

4. Decisions

a) The recommendation to censure, suspend, or expel a member accused of unethical or wrongful conduct as presented by the chair, shall be in accordance with Article III section C.

b) Members who have been suspended from membership may apply for reinstatement once the period of suspension or action is completed. A suspended member will not be required to pay dues for the period of suspension. If reinstated, the required dues payment will be the annual dues.

This code is used by:

• Association of Forensic DNA Analysts and Administrators
  Archived 7/25/2005