A. Composition and Function of the SCEEP, and of the Expanded Committee for Appeal of Informal Cases and Evaluation of the Most Serious Cases
- (a) The Committee members of the SCEPP shall be elected by the membership at a regularly scheduled meeting. The SCEPP shall consist of five members which shall include at least one senior member (more than five years in the Association) and one junior member. Nominations shall be made by the Executive Committee of the Association in accordance with the procedures stipulated in the Bylaws. Nominations may also be made by members of the Association in accordance with the procedures stipulated in the Bylaws. The Executive Committee of NYAAP shall appoint the Chairperson from among the elected members of the SCEPP. No member of the SCEPP may serve for more than six (6) consecutive years. Membership shall be on a rotating basis, the nature of the rotation to be determined by the NYAAP and reviewed periodically.
- (b) Elected at the same time and in the same manner, normally for terms of three years, shall be six additional members to constitute an Expanded Committee. The Expanded Committee will be called upon on certain occasions as indicated below in B, PROFESSIONAL MISCONDUCT PROCEDURES, sections 11 and 12, pertaining to evaluation of the most serious cases (formal actions) and appeals. The six persons selected for the Expanded Committee will include four persons who have been members of the NYAAP Executive Committee, the Institute Board, or the SCEPP in the past, and two persons who have been members in good standing of NYAAP for ten years or more, including the current year.
- The SCEPP is authorized by the Association to investigate allegations of unethical professional conduct that may be harmful to analysands, the public, to colleagues, or that is otherwise contrary to or destructive of the objectives of the Association. The committee shall have the power to ascertain facts; hear evidence; notify necessary parties that an investigation is proceeding; advise members of their rights of appeal and of legal representation; resolve a complaint informally; report its findings and make recommendations to the President for action in a case; keep records of inquiries; notify the parties concerned of the determination of its action; and, if deemed necessary, notify state licensure or other recognized and affiliated professional associations of the determination of its case in accordance with these procedures.
- By written appeal to the Chair of the SCEPP, with a copy to the President, the respondent or the complainant shall have a thirty (30) day period from the date of the mailing of the notification by the SCEPP that it will investigate a complaint within which to challenge the composition of the SCEPP. The complainant or the respondent must clearly demonstrate a conflict of interest between any of the members of the Committee with any of the parties in the case under investigation. The Chair of the SCEPP shall act upon such appeal within a reasonable time after receipt of a request, the determination shall be binding upon the parties. Any member of the SCEPP shall also have the right to appeal to the Chairperson or the President for relief from the responsibility for considering any complaint. To proceed, the SCEPP must retain at least three members. If the need arises interim members shall be temporarily appointed to the SCEPP by the President in consultation with the Executive Committee.