CDA Constitution and Bylaws Page 25 of 30
Section II.(a). Reporting: The Chair of the Independent Ethics Commission shall prepare a Google Form
or another online form which shall be used to call attention to violations of the Code of Ethics.
This form and all responses to it will be made available only to the Chair and to those individuals
who provide the responses in question. Once a complaint has been received by the Chair, The
Commission will have a two week period to determine the legitimacy and severity of the issue;
the legitimacy and severity of an allegation can be determined through a plethora of means,
including, but not limited to, discussing the issue with the two parties involved, requesting
interviews with potential witnesses, and requesting and analyzing any direct evidence of
malfeasance.
Section II.(b). Quorum: Quorum for all proceedings of the Commission is five members, excluding those
recused for conflict of interest.
Section II.(c). Opinions: Opinions must be approved by a majority of all sitting members of The
Commission who are not bound by conflicts of interest. If no malfeasance or violation of the
Code of Ethics has been found by The Commission, the issue is considered resolved; the general
prohibition on double jeopardy shall apply to these proceedings. If malfeasance or a violation of
the Code of Ethics transpired, The Commission shall recommend a penalty to be enforced on the
offending party to the Executive Board according to the following categories of misbehavior.
Section II.(d). Confidentiality & Release of Information: All proceedings, including the submission of
complaints, are to be kept confidential until the conclusion of the case. Written opinions of the
Commission are confidential unless they vote to make their decision public, subject to approval
by the Executive Board. Written opinions in cases pertaining to officers of CDA acting in their
official capacity must always be made public. Commission members, Executive Board members,
or parties to the case who release confidential information are considered to have committed a
Category III violation.
Section II.(e). Concluding an Investigation: After an opinion is released by The Commission and sent to
the National President and Vice President, the CDA Executive Board shall review the opinion. A
unanimous vote of the Executive Board is required to overturn a ruling by the Commission. The
CDA Executive Board also has the ability to send the opinion back to the Commission if there is
a lack of information to approve or decline the written opinion. In this case, the Commission will
have an additional week to conduct further investigations into the claim. This process of
extension can only be pursued by the Executive Board once, and the Board must vote upon the
opinion released after further review. The opinion presented must be approved by a majority of
all sitting members of the commission, except those who are bound by conflicts of interest. The
opinion of the Commission goes into effect at the adjournment of the meeting at which the
opinion is reported to the Executive Board, unless the board decides to overturn or requests
further investigation. Parties to the investigation must receive the Commission’s opinion after it
takes effect.
Should the Executive Board approve the opinion of the Commission, then the penalty
recommended in the Commission’s opinion shall be enforced immediately. If an individual
receives a disciplinary action approved by both the Commission and the Executive Board, they
have the option to request an appeal. The Executive Board may grant a request for an appeal if it
finds that new information has been made available since the issuance of the initial opinion which
calls into question the findings of the Commission. The National Council shall vote on the basis
Revised on 2/3/2019