USASF Professional Responsibility Code 2020-2021 Vol 10.0 | Page 19

NON-COMPLIANCE PROCESS FOR FILING A CASE FOR REVIEW
REVIEW PROCESS
1 . Based on the classification of membership of the accused , a non-biased Review Committee will be assembled for each complaint utilizing the following criteria : a . Region the complaint originates and potentially impacts . b . Removal of any potential conflicts of interest or bias .
2 . Thesergeant-at-arms provides copies of both Non- Compliance Agreement Form filed by the accuser and the response of the accused to the Review Committee immediately following formal written response from the accused .
3 . Thesergeant-at-arms will schedule a conference call with the Review Committee to review all submitted documentation . The Review Committee will : a . Review all documentation provided by every party involved . b . Either rule on the case with the information provide or make a recommendation for additional inquiry prior to ruling c . Recommend specific sanctions directly to the USASF Board of Directors for cases where the accused is found in violation of any USASF policy , code , requirement or standard . 4 . The results of the Review Committee ’ s findings , as well as the recommended sanctions ( when applicable ) are presented by thesergeant-at-arms to the USASF Board of Directors to confirm and levy penalties .
The Disciplinary Committee chairman may , based on the recommendations of the committee , request recusal of a Board and / or Committee member if the Board and / or Committee member is directly involved in the specific case and / or provided documentation to the committee for evidence . The chairman and the sergeant-at-arms have the ultimate responsibility to eliminate any potential conflict of interest . This includes recusing any member of the Board of Directors from the penalty phase if there is evidence or cause to believe there may be an inference of impropriety or conflict of interest .
PENALTY
The USASF Board of Directors will provide clear direction regarding the levying of penalties for noncompliance or misconduct including , but not limited to , the use of fines and or restriction of privileges for various periods of time on cases that do not have previous precedent set . The USASF Review Committee will present the information and recommend appropriate action . The Review Committee is only given the authority to recommend penalty / sanction . The USASF Board of Directors may confirm the Review Committee ’ s recommended penalty / sanction or modify the penalty / sanction . The USASF Board of Directors is responsible for levying all penalties and / or sanctions . They cannot , within their authority , overturn the finding of the committee .
CONFLICT OF INTEREST
Each instance for review will be evaluated to determine and identify any potential conflict of interest . Conflict of interest arises when a Board member or committee person ’ s duty of loyalty to the organization comes into conflict with a competing financial and / or personal interest that he or she may have regarding the specific case being reviewed . Full disclosure of all potential or perceived conflicts must be identified by the Disciplinary / Compliance chairman and those members must recuse themselves or may be disqualified by the chairman or the Director , from any involvement in the case . The Disciplinary chairman will verify that all inferences of conflict have been removed prior to proceeding with the review . USASF Review Committee members must identify and distinguish between situations that give the appearance of a conflict and those that involve a material conflict where a board and or / committee member has a direct or indirect financial interest in transactions with the party filing the non-compliance case or the party responding .
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