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iNARTE CODE OF ETHICS
ETHICS COMMITTEE RULES RELATING TO
DISCIPLINE OF ENGINEERS AND TECHNICIANS
RULE 1 - JURISDICTION
Any Engineer or Technician certified by The International Association for Radio, Telecommunications and Electomagnetics, Inc. (iNARTE) is subject to the jurisdiction of the Ethics Committee of iNARTE and the authority hereinafter established by these Rules.
RULE 2 - GROUNDS FOR DISCIPLINE
The iNARTE Engineer or Technician certification is a continuing proclamation by iNARTE that the holder is fit to be entrusted with professional and technical radio/telecommunications/electromagnetic compatibility matters. It is the duty of every recipient of that privilege to conduct himself/herself at all times, both professionally and personally in conformity with the standards imposed upon members by the Rules and Regulations of the Federal Communications Commission and any other Federal or State rules, regulations or laws pertaining to the profession. Acts or omissions by an engineer/technician, individually or in concert with any other person or persons, which violate any of the aforementioned, shall constitute misconduct and shall be grounds for discipline.
A certificate of a conviction of an engineer/technician for any crime shall be conclusive evidence of the commission of the crime in any disciplinary proceeding instituted against said engineer/technician based upon the conviction.
RULE 3 - TYPES OF DISCIPLINE
(a) Misconduct shall be grounds for:
- Decertification by iNARTE, or;
- Formal reprimand, or;
- Informal admonition by the Ethics Committee of iNARTE, or;
- Completion of specified continuing professional education courses, or;
- Any other form of discipline iNARTE deems appropriate.
(b) Temporary Suspension of certification by iNARTE. iNARTE may, on its own, motion issue a citation directing an engineer/technician against whom disciplinary proceedings are pending to appear before the Ethics Committee and show cause why his/her certification should not be suspended during the pendency of such proceedings and after hearing, the Ethics Committee will make a recommendation to the Board of Directors of iNARTE regarding the suspension of his/her certification for a definite or indefinite period.
RULE 4 - iNARTE BOARD FOR DISCIPLINE OF ENGINEER/TECHNICIAN
(a) iNARTE shall appoint a five-member board to be known as the iNARTE Board for Discipline of Engineers and Technicians (hereinafter referred to as the Disciplinary Board), which shall consist of:
- Four members of the Board of Directors of iNARTE;
- The Chairperson of the Ethics Committee.
(b) The Chairperson of the Ethics Committee shall be designated as chairperson of the Disciplinary Board and another Board member as vice-chairperson. The Chairperson shall appoint a secretary.
(c) The Disciplinary Board shall act only with the concurrence of a majority of those present and eligible to vote. Three members shall constitute a quorum.
(d) Disciplinary Board members shall refrain from taking part in any proceeding in which there is a conflict of interest.
(e) The Disciplinary Board shall exercise the powers and perform the duties conferred and imposed upon it by these Rules.
(f) The Disciplinary Board may adopt procedural rules not inconsistent with Rules set forth herein.
RULE 5 - DUTIES OF iNARTE CERTIFIED MEMBERS
(a) It shall be the duty of each iNARTE certified member to aid the iNARTE Disciplinary Board, and the Ethics Committee in investigations concerning complaints of misconduct and to communicate to the Ethics Committee information he/she may have affecting such matter.
(b) It shall be the further duty of each certified member to report to the Ethics Committee any action, inaction, or conduct, which in his/her opinion constitutes misconduct of an engineer/technician under these Rules.
RULE 6 - COMPLAINTS
All complaints or reports relating to misconduct of any engineer/technician shall be filed with the Ethics Committee. The Ethics Committee shall promptly review all complaints or reports received, unless the complaint or report appears, on its face, to be frivolous, or without merit, in which case the Ethics Committee may dismiss the complaint or report, without having formally reviewed the same.
RULE 7 - INVESTIGATIONS
(a) All investigations, whether upon complaint or otherwise, shall be initiated and conducted by the Chairman of the Ethics Committee or under his/her supervision.
(b) The Ethics Committee may refer a complaint or report to the Board of Directors of iNARTE for investigation and report. The Ethics Committee may at any time withdraw such referral and have the complaint or report otherwise investigated.
(c) Upon the conclusion of an investigation, the Ethics Committee shall recommend to the Board dismissal of the complaint, informal admonition of the concerned, formal reprimand of decertification. Disposition shall thereupon be made by a majority vote of the Board, unless it directs further investigation. A complaint shall not be referred for Board hearing unless the Ethics Committee finds by a majority vote that there is probable cause to believe there has been a violation of the Code of Professional Responsibility which may require formal discipline of the respondent.
(d) In the event the review committee directs informal admonition of the engineer/technician involved, the engineer/technician may, by written request, directed to the Chairperson of the Ethics Committee, request a formal hearing. Thereupon a formal hearing shall be afforded to the engineer/technician as set forth in Rule 8.
RULE 8 - FORMAL HEARINGS
(a) Hearings shall be conducted by the Disciplinary Board. Hearings may be held at any place determined by the Board.
(b) Within 30 days of the conclusion of a hearing, a report shall be made to the iNARTE Board setting forth findings and recommendations, which report shall be signed by a majority of the Disciplinary Board. To warrant a finding of misconduct the charges must be established by clear and convincing evidence.
A unanimous panel report shall be deemed a final hearing report and shall be filed, served and acted upon as hereinafter provided.
If the panel cannot agree on either the findings of fact, or the recommended discipline to be imposed, or both, the majority shall prepare and file a majority report. The minority member(s) shall file a minority report. Thereupon the majority and minority reports shall be considered final reports, and both such reports shall be submitted to the iNARTE Board for consideration and disposition.
RULE 9 - MATTERS INVOLVING RELATED PENDING CIVIL OR CRIMINAL LITIGATION
Processing of complaints shall not be deferred or abated because of substantial similarity to the material allegations of pending civil or criminal litigation, unless authorized by the Ethics Committee or the iNARTE Board of Directors.
RULE 10 - SERVICE
Service upon the respondent of the complaint in any disciplinary proceeding shall be made by the Chairperson of the Ethics Committee, either by personal service or by certified mail at the address shown on his/her most recent certificate or by certified mail at his/her last known office address.
RULE 11 - DECERTIFICATION BY CONSENT OF ENGINEER/TECHNICIAN UNDER DISCIPLINARY INVESTIGATION
An Engineer/technician who, pending investigation of misconduct or while charges of misconduct against him/her are pending, voluntarily surrenders his/her certificate shall have the pending disciplinary proceedings terminated. Surrender of certificate under this section shall constitute decertification.
RULE 12 - REINSTATEMENT
(a) Any engineer/technician who shall have been decertified may apply for reinstatement. Such petition shall set forth facts showing that the engineer/technician has rehabilitated himself/herself or that he/she is entitled to have the discipline terminated.
(b) On receipt of such petition, the Disciplinary Board shall thereafter promptly consider the same and report to the iNARTE Board its findings, conclusions and recommendations.
(c) If the report of the Disciplinary Board recommends denial of the petition, the engineer/technician shall have thirty days from the date of mailing of such recommendation to file and appeal to the iNARTE Board of Directors. If the report recommends reinstatement, the matter shall be submitted to the iNARTE Board for consideration. The Board may impose appropriate conditions for reinstatement.
RULE 13 - PROCEEDINGS WHERE AN ENGINEER/TECHNICIAN IS DECLARED TO BE INCOMPETENT OR IS ALLEGED TO BE INCAPACITATED
(a) Where an engineer/technician has been judicially declared incompetent or involuntarily committed on the grounds of incompetence or disability, the iNARTE Board, upon proper proof of the fact, shall transfer such engineer/technician to disability inactive status effective immediately and for an indefinite period until the further order of the Court. Notice of such action shall be served upon such engineer/technician, his guardian, and the director of any institution to which he/she is committed.
(b) When the Disciplinary Board petitions the iNARTE Board to determine whether an engineer/technician is incapacitated by reason of mental infirmity or illness or because of addiction to drugs or intoxicants, the Board may take or direct such action as it deems necessary or proper to determine whether the engineer/technician is so incapacitated, including the examination of the engineer/technician by qualified medical experts. If, upon due consideration, the Board concludes the engineer/technician is incapacitated, it shall transfer said engineer/technician to disability inactive status on the ground of such disability for an indefinite period.
(c) No engineer/technician transferred to disability inactive status under the provisions of this Rule may resume active status until reinstated by the iNARTE Board. Any engineer/technician transferred to disability inactive status under the provisions of this Rule shall be entitled to petition for reinstatement to active status once a year. Such petition shall be granted by the Board upon a showing by clear and convincing evidence that the engineer/technician's disability has been removed and the engineer/technician is fit to resume work. Upon receipt of the petition, the Board may take or direct such action as it deems necessary or proper to a determination of whether the engineer/technician's disability has been removed, including a direction for an examination of the engineer/technician by qualified medical experts. At its discretion, the Board may direct that the expense of such an examination shall be paid by the engineer/technician.
(d) In a proceeding seeking a transfer to disability inactive status under this Rule,the burden of proof shall rest with the petitioner. In a proceeding seeking an order of reinstatement to active status under this Rule, the burden of proof shall rest with the respondent.
(e) The filing of a petition for reinstatement to active status by an engineer/technician transferred to disability inactive status because of disability shall be deemed to constitute a waiver of any doctor-patient privilege with respect to any treatment of the engineer/technician during the period of the engineer/technician's disability. The engineer/technician shall be required to disclose the name of every psychiatrist, psychologist, physician and hospital or other institution by whom or in which the engineer/technician has been examined or treated since the engineer/technician transfer to disability inactive status and he/she shall furnish to the Board written consent to each to divulge such information and records as requested by Board appointed medical experts.
RULE 14 - CONFIDENTIALITY
All proceedings, reports, and records of disciplinary investigations shall be private and shall not be divulged in whole or in part to the public.
RULE 15 - CODE OF PROFESSIONAL RESPONSIBILITY
The Code of Professional Responsibility of The International Association for Radio, Telecommunications and Electromagnetics, Inc. outlines the principles which govern the performance of professional services by members. The Code of Professional Responsibility was adopted by the membership to provide guidance and rules to all certified members in the performance of their professional responsibilities.
Compliance with the Code of Professional Responsibility, as with all standards in an open society, depends primarily on members' understanding and voluntary actions, secondarily on reinforcement by peers and public opinion, and ultimately on disciplinary proceedings, when necessary, against members who fail to comply with the Canons.
Membership/certification in The International Association for Radio, Telecommunications and Electromagnetics, Inc. is voluntary. By accepting membership/certification, an engineer/technician assumes an obligation of self-discipline above and beyond the requirements of laws and regulations.
The principles contained in the Code of Professional Responsibility of The International Association for Radio, Telecommunications and Electromagnetics, Inc. express the profession's recognition of its responsibilities to the public, to clients, to employers and to colleagues. They guide members in the performance of their professional responsibilities and express the basic tenets of ethical and professional conduct. The principles call for an unswerving commitment to honorable behavior, even at the sacrifice of personal advantage.
iNARTE CANONS
Cannons 1 through 6 and the corresponding Disciplinary Rules of the Code of Professional Responsibility as adopted by The International Association for Radio, Telecommunications and Electromagnetics, Inc. are adopted in the belief that such canons and disciplinary rules voice general standards of behavior required of members of the engineering professional and define a level of conduct below which no engineer/technician may fall without becoming liable to disciplinary action.
CANON 1
An engineer/technician should assist in maintaining the integrity and competence of the engineering profession.
Integrity is an element of character fundamental to professional recognition. It is the quality from which the public trust derives and the benchmark against which a member must ultimately test all decisions.
Integrity requires a member to be, among other things, honest and candid within the constraints of client confidentiality. Service and the public trust should not be subordinated to personal gain and advantage. Integrity can accommodate the inadvertent error and the honest difference of opinion; it cannot accommodate deceit or subordination of principle.
Integrity is measured in terms of what is right and just. Integrity requires a member to observe both the form and the spirit of technical and ethical standards; circumvention of those standards constitutes subordination of judgment.
Integrity also requires a member to observe the principles of objectivity and independence and of due care.
DISCIPLINARY RULES
I. Maintaining Integrity and Competence of the Engineering Profession.
(a) An engineer/technician is subject to discipline if he/she has made a materially false statement in, or if he/she has deliberately failed to disclose a material fact requested in connection with, his/her application for certification.
(b) An engineer/technician shall not further the application for certification of another person known by him/her to be unqualified in respect to character, education, or other relevant attribute.
II. Misconduct. An engineer/technician shall not:
(a) Violate a Disciplinary Rule.
(b) Circumvent a Disciplinary Rule through actions of another.
(c) Violate secrecy provisions of the Communications Act of 1934.
(d) Engage in illegal conduct involving moral turpitude.
(e) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, sabotage, espionage, or disclosure of any classified information.
(f) Engage in any other conduct that adversely reflects on his/her fitness to uphold good engineering principles.
CANON 2
An engineer/technician should assist in preventing unauthorized engineering practices.
In carrying out their responsibilities as professionals, members should exercise sensitive professional and moral judgments in all their activities. As professionals, certified engineer/technicians perform an essential role in society. Consistent with that role, members of iNARTE have responsibilities to all those who use their professional services. Members also have a continuing responsibility to cooperate with each other to improve the art of engineering, maintain the public's confidence, and carry out the profession's special responsibilities for self-governance. The collective efforts of all members are required to maintain and enhance the traditions of the profession.
CANON 3
An engineer/technician should preserve the confidences and trade secrets of a client/employer.
A member shall not disclose any confidential information obtained in the course of a professional engagement except with the consent of the client/employer. However, this prohibition shall not restrict the exchange of information with a duly constituted investigative or disciplinary body.
CANON 4
An engineer/technician should exercise independent objective professional judgment on behalf of a client/employer.
Objectivity is a state of mind, a quality that lends value to a member's services. It is a distinguishing feature of the profession. The principle of objectivity imposes the obligation to be impartial, intellectually honest, and free of conflicts of interest. Independence precludes relationships that may appear to impair a member's objectivity in rendering professional services.
Members often serve multiple interests in many different capacities and must demonstrate their objectivity in varying circumstances. Regardless of service or capacity, members should protect the integrity of their work, maintain objectivity and avoid any subordination of their judgment.
CANON 5
An engineer/technician should exercise due care and perform competently at all times.
A member should observe the profession's technical and ethical standards, strive continually to improve competence and the quality of services and discharge professional responsibility to the best of the member's ability.
The quest for excellence is the essence of due care. Due care requires a member to discharge professional responsibilities with competence and diligence. It imposes the obligation to perform professional services to the best of a member's ability with concern for the best interest of those for whom the services are performed and consistent with the profession's responsibility to the public.
Competence is derived from a synthesis of education and experience. It begins with a mastery of the common body of knowledge required for certification. The maintenance of competence requires a commitment to learning and professional improvement that must continue throughout a member's professional life. It is a member's individual responsibility. In all engagements and in all responsibilities, each member should undertake to achieve a level of competence that will assure that the quality of the member's services meets the high level of professionalism required by these Canons.
Competence represents the attainment and maintenance of a level of understanding and knowledge that enables a member to render services with facility and acumen. It also establishes the limitations of a member's capabilities by dictating that consultation or referral may be required when a professional engagement exceeds the personal competence of a member or a member's firm. Each member is responsible for assessing his or her own competence and of evaluating whether education, experience, and judgment are adequate for the responsibility to be assumed.
Members should be diligent in discharging responsibilities to clients, employers, and the public. Diligence imposes the responsibility to render services promptly and carefully, to be thorough, and to observe applicable technical and ethical standards.
Due care requires a member to plan, supervise adequately and act competently at any professional activity for which he or she is responsible. Specifically:
An engineer/technician shall not:
(a) Handle a technical matter which he/she knows or should know that he/she is not competent to handle, without associating with him/her an engineer/ technician who is competent to handle it.
(b) Handle a technical matter without preparation adequate in the circumstances.
(c) Neglect a technical matter entrusted to him/her.
CANON 6
An engineer/technician should avoid even the appearance of professional impropriety.
Members should accept the obligation to act in a way that will serve the public interest, honor the public trust, and demonstrate commitment to professionalism. The public interest is defined as the collective well-being of the community of people and institutions the profession serves.
In discharging their professional responsibilities, members may encounter conflicting pressures from among each of those groups. In resolving those conflicts, members should act with integrity, guided by the precept that when members fulfill their responsibility the public, clients' and employers' interest are best served.
Those who rely on certified engineers/technicians expect them to discharge their responsibilities with integrity, objectivity, due professional care, and a genuine interest in serving the public. They are expected to provide quality services enter into fee arrangements, and offer a range of services, all in a manner that demonstrates a level of professionalism consistent with the principles contained in the Code of Professional Responsibility.
All who accept membership and receive certification in iNARTE commit themselves to honor the public trust. In return for the faith that the public reposes in them, members should seek continually to demonstrate their dedication to professional excellence.
Ethical standards dictate that professional services shall not be offered or rendered under an arrangement whereby no fee will be charged unless a specified finding or result is attained, or where the fee is otherwise contingent upon the finding or results of such services. However, a member's fees may vary depending, for example, on the complexity of services rendered.
Fees are not regarded as being contingent if fixed by courts or other public authorities.
END iNARTE CODE OF ETHICS
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