Practices and Procedures for Appeals of Board of Ethics Decisions

Ethics

Latest revision published January 2024.

Pursuant to Article VII of the Bylaws, the Board of Directors hereby adopts this procedure governing an appeal from a Further Consideration decision of the Board of Ethics (hereinafter, “BOE”).

A written request for appeal to the Ethics Appeal Panel (hereinafter, “Appeal Panel”) is accepted if received by the BOE within 30 days following a BOE Further Consideration decision. Appeals can be heard by the Appeal Panel only if the appellant specifically asserts, by clear and convincing evidence, that the BOE did not adhere to procedural requirements and/or that the decision of the BOE was arbitrary and capricious. The Senior Director of Ethics shall evaluate the request for appeal to ensure that it meets the above requirements and does not introduce new evidence. The Appeal Panel may not receive or consider any evidentiary matters not included in the official record of the Further Consideration Hearing. Any appeal that does not on its face meet that legal standard or that offers new evidence will be returned to the appellant.

The Appeal Panel consists of one current member of the Board of Directors, appointed by the President of the American Speech-Language-Hearing Association (ASHA); one former member of the BOE, appointed by the Chair of the BOE; and one current member of the Council for Clinical Certification in Audiology and Speech-Language Pathology (CFCC), appointed by the Chair of the CFCC. The Appeal Panel shall select its chair. 

The ASHA Ethics Office shall create a list of potential Appeal Panel members. This list, maintained by the Senior Director of Ethics, shall include volunteers who have completed service on the BOE in the last seven (7) years as well as current members of the CFCC and Board of Directors.

The ASHA Ethics Office shall give written notice to the appellant and to the Appeal Panel of the time and place of the hearing. Such notice shall be given to the appellant at least 30 days in advance of the hearing (certified mail, return receipt requested) and shall advise of the right to counsel, of the right to submit a written brief no later than 15 days in advance of the hearing, and of the right to oral argument at the hearing—either in person or by conference call. The notice shall also advise that the Appeal Panel will not consider any evidence except that which was presented at the Further Consideration Hearing before the BOE.

The Appeal Panel will be provided with an advance copy of the full official record and the transcript of the Further Consideration Hearing for the purpose of preparing for the appeal hearing and for making its decision. The appellant may request a copy of the Further Consideration Hearing transcript. Such request must be received by the BOE within 45 days of the date of the Decision After Further Consideration.

The decision of the Appeal Panel shall be based solely on the appeal hearing testimony and the previous evidence submitted to the BOE at the Further Consideration level. The Appeal Panel shall not substitute its judgment for the judgment made by the BOE. The Appeal Panel Chair has the authority to make rulings relating to the conduct of the appeal hearing. The Appeal Panel shall render its decision in writing within 15 days of the hearing.

All costs incurred by the appellant and/or the appellant's counsel in connection with the appeal shall be appellant's sole responsibility (e.g., travel and lodging costs, copies of transcript of the Further Consideration Hearing, and other fees).

If the Appeal Panel affirms the BOE Decision After Further Consideration, the BOE will issue a final decision to that effect. If the Appeal Panel decides in favor of the appellant, the matter shall be remanded to the BOE for Further Consideration, consistent with the findings of the Appeal Panel. Any subsequent decision of the BOE thereafter shall be final and shall be subject to normal publication pursuant to BOE protocols.

Amendments: This statement of Practices and Procedures may be amended upon a majority vote of the BOE members and upon approval of the ASHA Board of Directors.