The disciplinary rules and procedures of the PCB have been created to provide due process for an applicant or current CPP® against whom a complaint or an allegation is brought.
Who May File a Complaint or Allegation:
Any person may file a complaint or an allegation. The complainant need not be a CPP® or a member of the Society.
Basis for Compliant or Allegation:
Any act or omission that violates the provisions of the PCB's Code of Professional Responsibility.
Any act or omission deemed prejudicial to the security profession.
Any act that violates the criminal or civil laws of any jurisdiction
Any act that is the proper basis of suspension or revocation of a professional license.
Any act or omission that violates the PCB's Disciplinary Rules and Procedures.
Failure to cooperate with the PCB's Board of Professional Review in performance of its duties.
Any false or misleading statements made to the PCB regarding allegations against an applicant or current CPP®. This list is not exclusive and there may be other acts or omissions amounting to unprofessional conduct that may constitute grounds for discipline.
How To File a Complaint or Allegation:
A person may submit a complaint or an allegation in writing to ASIS headquarters. The President of the PCB, along with the headquarters staff, reviews the correspondence and determines if further investigation is warranted.
Complaint or Allegation must contain the following information:
The name of the person against whom the complaint or allegation is being filed, with as much identifying information as is available (e.g., address, employer, telephone number) correspondence that does not identify the person against whom the complaint or allegation is being filed will not be accepted or processed.
The nature of the complaint or allegation, with as much specificity as possible (e.g., code section violated; felony conviction; description of acts or omissions germane to the issue).
The basis for the complainant's belief that a violation has occurred. This should include any evidence, corroboration, and names of witnesses.
The name, address, telephone number, and signature of the complainant. While a complainant may request anonymity, and while the PCB will attempt to accommodate any such requests, the PCB must balance that request with the rights of the accused, other parties involved in the complaint, and other legal requirements.
Board of Professional Review:
The Board of Professional Review is made up of three (3) PCB members, designated by the President of the PCB, to adjudicate issues involving investigation and discipline of an applicant or current CPP®. New members are appointed for each investigation.
Investigation Process:
All investigations shall be conducted in a lawful and ethical manner in accordance with these procedures.
The President of the PCB shall designate at least one (1) PCB member to investigate the complaint or allegation and report the findings to the Board of Professional Review.
The Board of Professional Review will submit the investigative findings to the President of the PCB.
Procedure for Hearings:
The President of the PCB will advise both the complainant and the respondent of the decision whether to hold a hearing adjudicated by the Board of Professional Review.
If a hearing is to be held, the President of the PCB should endeavor to select a date, place, and time convenient to the parties but has the final authority to set the date, place, and time.
If any party necessary, essential or important to the proceedings fails to appear, in person or through a representative, the Board of Professional Review may postpone, proceed, or dismiss the complaint.
Under no circumstances is a complainant entitled to more than one postponement.
If any necessary, essential or important party fails to appear a second time, the Board of Professional Review may postpone, dismiss or proceed with the hearing and a decision shall be issued on the merits.
The hearing will be conducted before the Board of Professional Review, entirely on the record (e.g., a "paper" hearing) or "remotely" (via teleconference or videoconference). A verbatim transcript will be made of the hearing.
Each party shall have the right, at his/her expense to:
Choose his/her counsel or other representative. (The complainant may elect to have a person designated by the PCB to present the complaint or allegation on his/her behalf).
Make opening and closing statements,
Present witnesses and live testimony. Witnesses shall be required to take an oath or affirmation to tell the truth.
Submit documents and/or other evidence.
Cross-examine witnesses.
If permitted by the Board of Professional Review, submit written briefs at the conclusion. The burden of proof is on the complainant, and unless the complainant can sustain his/her complaint or allegation by a preponderance of evidence, the complaint shall be dismissed. The Society's legal counsel, or someone from said firm, may attend every hearing, but shall not serve as a member of the Board of Professional Review.
Disciplinary Options:
Upon sustaining a complaint or allegation, the Board of Professional Review may impose any discipline on the respondent that it deems appropriate. The discipline may include, but is not limited to:
Private written censure
Public letter of admonition
Suspension of the right to use the CPP® designation for a specified period of time, after which a formal request for reinstatement may be made by the suspended person. A re-certification form showing the requisite professional activities have been undertaken, and the appropriate fee for the period has been paid must accompany the formal request for reinstatement.
Specified "pro bono" work for a charity or community organization, as designated and approved by the PCB (work specified is not eligible for re-certification points).
Permanent revocation of the CPP® designation and the right to use CPP® marks.
This list is not exclusive and there may be other acts or omissions amounting to unprofessional conduct that may constitute grounds for discipline.
The respondent shall have the right to appeal the discipline.
Right to Appeal:
The respondent may appeal the Board of Professional Review's decisions to the PCB. The President of the PCB will appoint a panel of three persons to hear the appeal and assign one of those panel members to preside. At least one of the panel members must be a past or present member of the PCB. The PCB has the right of "plenary" review. The appeal will be strictly from the record; no additional evidence, live argument nor testimony will be permitted. The panel may affirm, reverse, or otherwise modify the Board of Professional Review's decision. For example, the panel may require the Board of Professional Review to re-open the hearing, with instructions. The respondent will be allowed only one appeal.
Conflicts of Interest:
Any person having any role in the disciplinary procedure (other than the parties), who has an actual or apparent conflict of interest must immediately remove him/herself from the procedure. Any actual or perceived conflict must be disclosed immediately to the PCB President. If it is the President who has the conflict, he/she must disclose it to the PCB. Without exception, no person may serve in more than one capacity at any time in any single case. The person investigating a complaint or allegation, for example, may not serve on an appeals panel.
