Reporting incidents of potential misconduct
ASM Officers appoint 1 or 2 Society members to the Office of Ombudsperson. The Ombudsperson(s) are charged with reviewing and adjudicating allegations of misconduct occurring in the context of Society activities and events, in an effort to seek the truth as a neutral designee. Concerns and complaints of misconduct can be presented to an Ombudsperson or to any ASM officer. However, before action can be taken by the Office of the Ombudsperson, allegations must be presented in writing to an Ombudsperson by the victim or an observer of alleged misconduct occurring within the context of Society events or Society sponsored activities. For egregious misconduct, the Ombudsperson(s) may advise reporting to local law enforcement. For all other cases, the Ombudsperson(s) may discuss the incident with the accuser(s) and the alleged offender(s). Further investigatory steps may include – but are not limited to – interviewing persons named as witnesses as well as reviewing documents and other evidence supporting the complaint and/or justifying the alleged offensive behavior. Throughout this process, confidentiality will be honored to the extent possible and as necessary so as to respect the accuser(s) and to avoid impeding the ongoing operation of the Society.
Disciplinary action
The Office of the Ombudsperson shall communicate the charge(s) of misconduct to the alleged offender(s), and inform the alleged offender(s) as to the availability for review of summaries of incidents and evidence supporting the charge(s). These steps will be completed prior to the Ombudspersons convening to determine if misconduct occurred and, if so, deciding on an appropriate course of action.
After review of the complaint and evidence and interviews of witnesses, and after hearing the positions of the accuser(s) and the alleged offender(s), the Ombudspersons will determine whether misconduct occurred. Ombudspersons may confer with select ASM officers if deemed necessary (while honoring confidentiality to the extent possible). If the Ombudspersons determine that no misconduct occurred, that disciplinary action is not required, or if they cannot agree that misconduct occurred (even with input from ASM officers), the accuser(s) will be informed of this decision and no further action will be taken.
If the Ombudsperson(s) determine that misconduct occurred, they will inform the Society President of their recommended disciplinary measures. Separately, the accuser(s) and to the offender(s) will be notified of such recommendations. Disciplinary measures will be commensurate with the offense(s). Egregious and illegal actions may justify an immediate lifetime ban from all future meetings and revocation of membership. For less egregious cases, the Office of the Ombudspersons will employ a three-step process:
At the first instance of misconduct, the offender(s) will be notified of unacceptable behavior, reminded of the ASM Statement of Inclusion and expectations regarding Professional Conduct, and encouraged to consider relevant training or counseling. If misconduct is repeated at a subsequent Society event or Society sponsored activity, the Ombudspersons will recommend a mutually-agreed upon suspension of participation from all Society events for a specified period of time, after which the offender may resume participation. However, if misconduct is repeated a third time, subsequent disciplinary action may include a lifetime ban from all future meetings and revocation of membership.
Recommendations of the Ombudsperson(s) may be appealed to the Society President within one month following notification of the decision by the Ombudsperson(s). Thereafter, the President shall review the evidence and the evaluation of the Ombudsperson(s), and may confer with other Officers of the Society to determine whether to affirm, reverse, or alter the recommendations of the Ombudsperson(s). The President’s decision shall be final and not subject to appeal. However, if the disciplinary actions include non-voluntary: 1) suspension of activities or participation, 2) exclusion from attendance and/or voting at the annual meeting, 3) exclusion from eligibility to serve in an elected Society office or on a Society committee, or 4) revocation of membership, the decisions must be ratified by a 2/3 vote of the Board of Directors.
Procedures involving Officers and Ombudspersons
Officers or Ombudspersons shall recuse themselves from cases in which they have potential conflicts of interest. In the event that the Society President is accused of misconduct, the Presidential duties described above will go to the President-elect. Measures for removal from elected office are described in the Bylaws should disciplinary action be required for any officer of the Society.