Sanctions for Misconduct by APS Members

The Society's Bylaws specify:

ARTICLE III. Section 11. Expulsion of Members.

The Society reserves the right to revoke the membership of member found guilty of scientific misconduct.

ARTICLE IX. Section 4. Parliamentary Authority.

The rules contained in Robert's Rules of Order, Revised, shall govern the conduct of the business meetings of the Society in all cases to which they are applicable and in which they are not inconsistent with the Bylaws or special rules of the Society.

After reviewing the disciplinary procedure under Chapter XX of Robert's Rules of Order, Council approved the procedure as follows:

Disciplinary Procedures (condensed from Robert's Rules of Order, Chapter XX, pp 538–555, 1970 Revision)

"In professional and some other societies, there may be an article on disciplinary procedures; and such an article can be simple or very elaborate. Most such provisions are generally unnecessary in ordinary societies, at least at the local level. Frequently such an article provides for their imposition on any member found guilty of conduct described, for example, as tending to injure the good name of the organization, disturb its well being, or hamper it in its work. In any society, behavior of this nature is a serious offense properly subject to disciplinary action, whether the bylaws make mention of it or not. . . ."

"If improper conduct of a member of a society occurs elsewhere than at meeting, the members generally have no first-hand knowledge of the case. Therefore, if disciplinary action is to be taken, charges must be preferred and a formal trial held before the assembly of the society, or before a committee — standing or special — which should be required to report its findings and recommendations to the assembly for action. . . .On the demand of a single member both the question of the penalty must be voted on by ballot. For expulsion, a two-thirds vote is required....In general, in any trial within a society, an accused should be found guilty only when his guilt, by its nature, has created situation such that the best interests of the organization or the profession it represents require a finding of guilty and imposition of a penalty. . . ."

"Steps in a fair disciplinary process:

1. Confidential investigation by committee.
2. Report of resolutions either exonerating the accused or preferring specific charges. . . .If the committee report prefers charges, then the report should be signed by every committee member who agrees. . . .
3. Formal notification of the accused. . . .Letter sent to the accused by registered mail notifying him of date, hour and place of the trial, containing exact copy of the charges. . . .
4. Trial procedure. . .either before a trial committee or assembly of the society.
5. Assembly's review of a trial committee's findings. . .The trial committee reports to the assembly the results of its trial of the case, with resolutions in cases where its finding is one of guilty covering the penalty which it recommends that the society impose. . . .The assembly can decline to impose any penalty, notwithstanding the trial committee's recommendation; or it can reduce the recommended penalty. . .but it cannot increase the penalty. . . .The assembly cannot impose a penalty if the trial committee has found the accused not guilty. . . ."

APS Operational Guide (1999), page 8
Adopted October 1989

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