Board of Trustees

Awards

Grants

Publications

Chapter 13 Settlement by Mutual Agreement

13.1 Settlement by Mutual Agreement

After review of the complaint, response of the respondent, and report of the ITAA investigator or ITAA investigating subcommittee, if one was empanelled, the hearing board and/or the Ethics Committee may attempt to settle the case by mutual agreement with the respondent.

13.2 Possible Actions in Mutual Agreements

In making such a settlement, the hearing board and/or the Ethics Committee may recommend to the respondent that he or she agree to their request that the respondent

1. Cease and desist,
2. Accept censure, supervision, education, rehabilitation and/or therapy,
3. Perform community service,
4. Agree to suspension (holding membership in abeyance for a specific purpose, for example, rehabilitation),
5. Resignation, or,
6. Termination of membership (a permanent bar to readmission),
7. Publication of the terms of the settlement by mutual agreement, or,
8. Any other action which the Association is authorized to take against a respondent.

13.3 Written Agreement

The mutual agreement shall become final as soon as it is specified in writing and shall detail the facts upon which it is based and the manner in which it is to be instituted and/or supervised.

13.4 Supervision of the Agreement

The agreement shall be instituted and/or supervised by the Ethics chairperson or his/her delegate of the Ethics Committee and/or any respondent of the Association so designated in the agreement.

13.5 Finalization of the Agreement

The agreement shall become final as soon as it is specified in writing, agreed to and signed by the respondent and the Ethics Committee or at any other time designated in the agreement.

13.6 Failure to Meet the Terms of the Agreement.

If at any time the respondent fails to meet fully the terms of the agreement, the matter shall be returned to the Ethics Committee for further action, and may serve as grounds for recommending termination of membership.

13.7 Other Action

If the hearing board and/or the Ethics Committee do not attempt settling by mutual agreement, or if the respondent does not accept an offer of a settlement by mutual agreement, it will either drop the charges and close the case, or make a formal recommendation. If the Committee recommends formal action it shall recommend action to be taken, including an order to:

1. Cease and desist,
2. Accept censure, supervision, education, rehabilitation and/or therapy;
3. Perform community service;
4. Agree to suspension (holding membership in abeyance for a specific purpose, for example, rehabilitation);
5. Resignation with or without publication, or
6. Termination of membership (a permanent bar to readmission),
7. Publication of the terms of the settlement by mutual agreement, or
8. Any other action that the Association is authorized to take against a respondent,
9. Recommend the manner in which the action will be instituted and/or supervised,
10. Notify the respondent of the recommendation,
11. Send the respondent a copy of the findings and recommendations of the Ethics Committee,
12. Inform the respondent by mail, marked "confidential" (using appropriate means), that he or she has a right to request an appeal to the ITAA president, who if he/she agrees calls an appeal hearing board composed of members of the ITAA Ethics Committee and the ITAA Executive Committee who have the power to
    1. Change the findings of the hearing board,
    2. Dismiss the case, or,
    3. Order a re-hearing.

If the respondent does not request an appeal before the ITAA Executive Committee within thirty (30) days from the receipt of notification, no hearing will be held, and the Ethics Committee recommendation for action will become final.