Cause
for Expulsion, Suspension, or Censure. A member of the IEEE may be
expelled, suspended, or censured for
cause. Cause shall mean conduct
that is determined to constitute a
material violation of the Constitution,
Bylaws, or Code of Ethics of IEEE, or other
conduct that is seriously prejudicial to IEEE.
The Board of Directors at its
discretion may notify the membership of
any expulsion, suspension, or censure.
Any such notification may include a
statement of the circumstances surrounding
such action.
No person who has been expelled
from membership and no member who has
been suspended shall (during the period
of the suspension) be allowed any of the
rights or privileges of membership in the
IEEE. Service on committees and
boards, at all levels, shall be denied to
a person expelled or suspended (during
the period of the suspension) from the IEEE.
Notwithstanding anything in these
Bylaws to the contrary, an affirmative
vote of two-thirds of the votes of the
members of the Board of Directors present
at the time of the vote, provided a
quorum is present, shall be required to
approve the readmission to membership of
a former member (a) who has been expelled
under the provisions of this Bylaw, or
(b) who resigned after the Committee
referred to in Bylaw I-110.2 instituted
proceedings against such member.
Member
Conduct Complaints. The Ethics and Member Conduct
Committee shall consider instituting proceedings
looking toward the expulsion, suspension, or
censure of a member upon receipt of a
complaint in the form of an affidavit,
notarized, and signed by any member in good
standing of the IEEE, which sets forth with
reasonable specificity the alleged conduct of
the member charged that is alleged to
constitute cause for expulsion, suspension or
censure. No conduct alleged to have occurred
more than two years prior to the date on which
the complaint is received shall be considered
by the Ethics and Member Conduct Committee
except that with respect to alleged acts of
plagiarism, the Ethics and Member Conduct
Committee shall consider only those complaints
received within ten years of the alleged act
of plagiarism. Such proceedings shall be
instituted if the Ethics and Member Conduct
Committee determines, after a preliminary
investigation, that there is a reasonable
basis for believing (1) that the facts alleged
in the complaint, if proven, would constitute
cause for expulsion, suspension, or censure of
the member charged, and (2) that the facts
alleged in the complaint can be proven. In
making such preliminary investigation, the
Ethics and Member Conduct Committee may act on
its own behalf or through ad hoc committees
appointed by and under the direction of the
Chair of the Ethics and Member Conduct
Committee. The Ethics and Member Conduct
Committee shall not be required to initiate an
investigation unless the person(s) submitting a
complaint agree in writing to attend any hearing
instituted pursuant to Bylaw I-110.3, if so
requested by the member charged or the Ethics
and Member Conduct Committee.
Hearing Board. The IEEE President, with the
concurrence of the IEEE Executive Committee,
shall appoint a hearing board to hear each
complaint when proceedings have been instituted
by the IEEE Ethics and Member Conduct Committee.
Each hearing board shall consist of no fewer
than five and no more than nine IEEE voting
members, none of whom shall be currently serving
on the IEEE Board of Directors. In addition,
alternates for each hearing board shall be
identified and appointed to serve in place of
one or more hearing board members should such
member(s) become disqualified after selection.
Upon instituting any such proceeding,
the Ethics and Member Conduct Committee shall
furnish the member charged with a copy of the
complaint, shall give notice to such member of
the time and place scheduled for hearing the
complaint, and shall invite the member to
present at such time a defense either in
person, in writing, or by an authorized
representative. The Ethics and Member Conduct
Committee, or its authorized representative,
shall present the case against the member
charged at the hearing.
The board hearing the charges shall base
its decisions only on testimony and other
evidence presented at the hearing. The member
charged or the member’s authorized
representative shall have an opportunity at
such hearing to present testimony and other
evidence and to confront the evidence
supporting the complaint. A finding by the
hearing board that the member charged’s
conduct constitutes cause, as set forth in
Bylaw I-110.1, shall require an affirmative
vote of two-thirds of the members of the
hearing board present at the time of the vote,
provided a quorum is present. The hearing board
may recommend to the Board of Directors that
the Board determine the sanction to be
imposed, or, unless the Board of Directors or
the Executive Committee requests that the
question of sanction be determined by the
Board of Directors, the hearing board may
itself impose the sanction; provided, however,
that any imposition of the sanction of
expulsion or suspension by the hearing board
shall require an affirmative determination by
two-thirds of its members that the conduct not
only constitutes cause for sanction, but also
is seriously prejudicial to the best interests
of IEEE or of the engineering profession. All
findings and recommendations by the hearing
board shall be in writing.
If the hearing board finds that the
member charged’s conduct constitutes
cause, as set forth in Bylaw I-110.1, the
Board of Directors shall review the findings
and determinations or recommendations made by
the hearing board. The complaint, all evidence
submitted to the hearing board, and the
written findings and determinations or
recommendations of the hearing board shall be
made available to the Board of Directors. The
final action of the Board of Directors shall
be by recorded ballot at a meeting of the
Board of Directors. If the complaint was
signed by a Director, such Director shall not
be eligible to vote. The Board of Directors
shall notify the member of the decision taken
and, if the member is expelled, shall drop the
member’s name from the rolls of the IEEE.
An affirmative vote by a majority of the
entire Board of Directors shall be required to
sustain the hearing board’s findings as
to cause and determination as to sanction, and
if the hearing board’s determination as
to sanction is to expel or suspend the member,
an affirmative vote of two-thirds of the votes
of the members of the Board of Directors
present at the time of the vote, provided a
quorum is present shall be required to sustain
the sanction.
In the event that the Board of Directors
sustains a finding by the hearing board as to
cause, but either the hearing board made no
determination as to sanction, or the sanction
determined by the hearing board is not
sustained by the Board of Directors, then the
sanction shall be determined by the Board of
Directors. The Board of Directors may reduce,
but may not increase, the sanction determined
by the hearing board. An affirmative vote of
two-thirds of the votes of the members of the
Board of Directors present at the time of the
vote, provided a quorum is present, shall be
required to censure, suspend or expel a
member. The determination of whether to expel,
suspend, or censure a member charged shall be
made by the hearing board or the Board of
Directors, as the case may be, on the basis of
the severity of the wrongful conduct of the
accused member, the extent to which
IEEE’s interests were prejudiced as a
result of such conduct, and other factors that
the hearing board or the Board of Directors
considers relevant in the circumstances of the
particular case; provided, however, that the
hearing board or the Board of Directors shall
determine to expel or suspend a member only if
it determines that such member’s
conduct not only constituted cause for
sanctions, but also was seriously prejudicial
to the best interests of IEEE or of the
engineering profession.
Requests
for Support. The IEEE may offer support to
engineers and scientists involved in matters
of ethical principle that stem in whole or in
part from adherence to the principles embodied
in the IEEE Code of Ethics, and that can
jeopardize a person's livelihood, can
compromise the discharge of the
person’s professional responsibilities,
or that can be detrimental to the interests of
IEEE or of the engineering profession.
All requests for support containing
allegations against persons not members of
IEEE or against employers or others, requests
for advice, and matters of information
considered to be relevant to the ethical
principles or ethical conduct supported by IEEE
shall be submitted initially to the Ethics and
Member Conduct Committee. Requests for
support shall not include requests that the
Ethics and Member Conduct Committee support a
member who is the subject of a complaint as
set forth in Bylaw I-110.2. IEEE support
of persons requesting intervention or amicus
curiae participation in legal proceedings
shall be limited to issues of ethical principle.
The Ethics and Member Conduct Committee,
following a preliminary investigation of any
requests for support received, shall submit a
report to the Executive Committee, which shall
include findings and recommendations for
consideration by the Executive Committee.
The Executive Committee may, if it deems it
appropriate to do so, appoint an advisory
board to assist it in considering such
report. On the basis of information
available, the Executive Committee may
thereafter offer support to the person making
the request as appropriate to the
circumstances and consistent with Sections 7.9
and 7.10 of the current IEEE Policies.
The Executive Committee shall make the final
decision as to supporting the person, unless
the Executive Committee or the Board of
Directors determines that the Board of
Directors should make such final decision.
The Board of Directors, or the Executive
Committee upon approval of the Board of
Directors, may publish findings, opinions, or
comments in support of the person and take
such further action as may be in the interests
of that person, the IEEE, or the engineering profession.
Misrepresentation. If information is presented
to the Executive Committee indicating that the
applicant for membership or transfer to a
higher grade has been elevated on the basis of
an application containing apparent material
misrepresentations or false statements, the
Executive Committee shall investigate and
provide the member an opportunity to submit an
explanation. If the Executive Committee
concludes that such membership was obtained
through material misrepresentations or false
statements, the membership shall be terminated
with notice mailed to the member.
