Bylaws of the International Bank Note Society
Page 10 of 11
Expulsion and Disciplinary Procedures
Procedures to be followed in implementation of Article II, Section 6 (expulsion and disciplinary action) of the bylaws of the International Bank Note Society
General
Expulsion from a numismatic society is a matter of grave consequence, especially if the member involved earns his livelihood or generates income from numismatic activities. Thus, it is incumbent upon each member having a role in implementing these procedures to take special precautions to ensure:
- that the rights of an accused member are protected,
- that consideration is objective, fair, impartial, and untainted by irrelevant personal feelings or interests,
- that an accused member’s guilt be well-established and documented, and,
- that the punishment awarded takes into account extenuating and mitigating circumstances and is both just and deserved.
Bringing Charges
All charges must be submitted in writing and be signed by a member in good standing. Charges will be filed with the Chair of the Grievance and Discipline Committee (CGD) or other Officer designated by the President.
Processing Charges
- The CGD will review the charges and accusations and the supporting evidence.
- As necessary, the chairman will correspond with both parties to establish the relevant facts and circumstances related to the complaint. He will notify the accused of the content of the complaint. Proof of mailing will be sufficient to establish notification. The accused will have sixty (60) days from the date of the mailing of the notification to respond to the complaint. If communication conditions to, from, or in the country of the accused member are known by the Chair of the Grievance and Discipline Committee (CGD) to be extremely poor, the sixty (60) day limit can, on an individual basis, be extended after decision by the CGD.
- If the CGD is unable to resolve the complaint or the accused has not responded to the notification within the time frame established and the CGD determines that the complaint appears to involve a breach of the IBNS Code of Ethics or bylaws, he will notify the accused of the recommendation he plans to make to the Executive Board, and the date of the Executive Board Meeting at which the case will be presented. If the CGD is unable to determine whether an act of the accused involves a breach of the Code of Ethics or bylaws, he will seek the concurrence of the President or the Legal Counsel before he notifies the accused and the complainant.
- The accused may provide a defense at the designated Board Meeting in person, through a representative, or in writing. The accused may also settle the problem with the complainant within sixty (60) days from the date of the mailing of the notification, but he must ensure that the CGD is informed of the settlement before the sixty (60) days have expired. If communication conditions to, from, or in the country of the accused member are known by the Chair of the Grievance and Discipline Committee (CGD) to be extremely poor, the sixty (60) day limit can, on an individual basis, be extended after decision by the CGD. In such cases the CGD will confirm that the complaint has been settled by corresponding with the complainant and will notify the accused of his revised recommendation to the Board, which the accused is again entitled to rebut at the Board Meeting where the case is considered.
- An accused who has failed to respond within sixty (60) days will have forfeited his right to appear before the Board or to submit testimony or evidence in his own behalf. If communication conditions to, from, or in the country of the accused member are known by the Chair of the Grievance and Discipline Committee (CGD) to be extremely poor, the sixty (60) day limit can, on an individual basis, be extended after decision by the CGD.
- An accused who resigns membership after having been notified of a complaint against him will have forfeited his right to appear before the Board or to submit testimony or evidence in his own behalf.
- Notification will not be required for the Board to consider expulsion of a member automatically suspended under Article II, Section 6e of the bylaws.
Interim Suspension
It is recognized that under exceptional circumstances a situation may arise in which violations of the Code of Ethics may be so flagrant and extensive as to present a serious threat to the integrity of the IBNS and the interests of its membership. Under such circumstances, the President on the recommendation of the CGD may suspend the accused member and so notify the membership. Such a suspension will be valid only until the case can be adjudicated at the next Executive Board Meeting that is at least sixty (60) days following notification of the accused.
Adjudication by the Executive Board
- Cases referred to the Executive Board shall be adjudicated at the first regularly constituted Executive Board Meeting occurring sixty (60) or more days following formal notification to the accused.
- Accompanying the agenda for a scheduled Board Meeting, there will be a brief summary of the grievance cases the CGD plans to present. Upon request, a package or email file containing the salient documents in the case will be provided to Board Members prior to the meeting at which the case will be considered. The CGD will have available for review the complete case file including mailing receipts. The Board shall consider the case in closed session and any defense offered by the accused.
- In general, the elements of proof necessary to establish guilt and warrant disciplinary action are:
- that the acts or conduct for which the member is charged constitute a violation of the IBNS bylaws or Code of Ethics.
- that the accused did in fact commit the alleged acts.
- that the acts, conduct, or resulting damages, if any, were intentional or reflected culpable negligence on the accused member’s part and were not caused by events or circumstances beyond the control of the accused member.
- In those cases where the CGD recommends disciplinary action (suspension, censure, reprimand, or admonition) less than expulsion, the Board may vote by a show of hands.
- In those cases where the CGD recommends expulsion, the Board shall vote by secret ballot with three (3) options: “guilty-expel”, “guilty-do not expel”, or “not guilty”. Members of the Board who cannot attend the meeting but who desire to cast a vote may do so by delivering to the President, prior to the meeting, by secure and confidential electronic means, their ballot marked either “guilty-expel”, “guilty-do not expel”, or “not guilty”. A concurring vote by a two-thirds (2/3) majority of the Board Members voting shall be required to reach a decision.
- A two-thirds (2/3) majority vote of “guilty-expel” shall cause expulsion of the accused member. If the member has properly responded to the charges, and offered a defense thereto, no decision to expel shall become effective nor shall any implementing action be taken until the case has been reviewed by the legal counsel and the results of that review provided to the President.
- If a two-thirds (2/3) majority of votes cast indicate guilt, but are not specifically “guilty-expel”, then the accused member shall have been found guilty as charged but be liable to a penalty less severe than expulsion. The Board will then determine by majority vote the penalty to be assessed, which will be one of the following (in order of decreasing severity):
- opportunity to sign a letter of permanent resignation, prepared for the member’s signature by the President, and which specifically and irrevocably foregoes the right of reinstatement, in lieu of expulsion.
- indefinite suspension, with loss of all rights and privileges of membership, pending satisfactory restitution or accomplishment of acts and/or the occurrence of events as the Board may specify.
- suspension, with loss of all rights and privileges of membership, for a specific period of time, the minimum of which will be one (1) year.
- formal censure.
- formal reprimand.
- admonition.
Notification and Announcements
After review by the legal counsel, if applicable, the General Secretary or another Officer designated by the General Secretary shall provide the accused member with written notification of the Executive Board’s decision.
- If the member has been found not guilty, no public announcement of the fact shall be made unless the accused so requests.
- If the member has been found guilty and has been expelled, the General Secretary or another Officer designated by the General Secretary, if he has not received an appeal within thirty (30) days from mailing the notification, will so inform, in addition to those others whom the President may direct, the Editor of the IBNS Journal, who in turn will publish an announcement of the expulsion and the reasons therefore in the next practicable issue of the publication.
- If the member has been found guilty, but assessed a penalty less severe than expulsion, notification to other organizations and publications in IBNS media will be as the President, with the advice and consent of the Executive Board, may direct (after expiration of the appeal period of thirty (30) days from mailing the notification, if applicable).
Records
Copies of all documentation pertaining to the case will be retained in the permanent files of both the General Secretary and the Historian/Archivist.
Appeals
An appeal shall be considered only if a member penalized for an offense can prove that he did respond, and that this response was posted with sufficient time available for it to have been received by the CGD prior to the established due date. Proof must include, as a minimum, dated evidence of mailing issued by postal authorities in the country of mailing or an email receipt showing the response was received by the CGD. Appeals accepted by the President for consideration will be forwarded to the CGD for handling in accordance with the procedures specified in paragraph 3 above.
Double Jeopardy
No member who has been accused under this Section and had his case favorably adjudicated at any stage of the process, or upon appeal, shall be subject to subsequent prosecution for the same alleged acts or conduct.