Sample Outline Course
Following is a sample course outline for a Professional Standards Administrator Training course. This outline is a very general topical outline and not a detailed outline which might be constructed to conduct a complete course. Approximate time frames for topics are noted. This sample course outline is designed as a full day course approximately 8 hours in length, with ten minute breaks and a lunch break. This time includes a 45 minute testing period. Total instructional time is 350 minutes plus the 45 minute testing period.
|I. Welcome and Introductions/Icebreaker Exercise||15 minutes|
|II. History and Background of the Code of Ethics||5 minutes|
|III. Concepts of the Preamble of the Code of Ethics||5 minutes|
|IV. The Structure of the Code of Ethics
A. The Three Major Sections
C. Standards of Practice
D. Case Interpretations
|V. Commonly Cited Articles of the Code of Ethics
A. Article 1 and related Standards of Practice
B. Article 2 and related Standards of Practice
C. Article 9 and related Standards of Practice
D. Article 12 and related Standards of Practice
E. Article 16 and related Standards of Practice
|VI. Due Process: The Foundation of Code Enforcement
A. Elements and concepts of providing due process
B. Antitrust dangers.
C. Fundamental fairness
|VII. Overview of Processing a Complaint
A. Who may file a complaint
B. An ethics complaint v. an arbitration claim
C. Grievance Committee v. Professional Standards Committee
|VIII. The Grievance Committee
A. Composition of the Grievance Committee
B. Objective of Grievance Committee in an ethics complaint.
C. Objective of Grievance Committee in an arbitration claim.
|IX. The Grievance Committee and an Ethics Complaint - Standards for Consideration||20 minutes|
|X. Grievance Committee Role and Standards in a Request for Arbitration||20 minutes|
|XI: NAR Model Citation Policy and Schedule of Fines (if adopted)||5 minutes|
|XII.Confidentiality and the Professional Standards and Arbitration Process||5 minutes|
|XIII. Ethics and Arbitration Hearings - Practices Common to Both
A. Challenges to hearing panel members.
B. Notice procedure for witnesses.
C. Notice procedure for use of counsel.
D. Witness procedures at a hearing.
E. Conduct at hearing.
F. Hearing Records
G. Standard of relevance for introduction of evidence.
H. Standards of proof - ethics v. arbitration
|XIV. The Professional Standards Committee and Ethics Hearings
A. The Panel - Composition
B. Amendment of Complaint
C. The Executive Session
D. Components of an Ethics Decision
E. Available Disciplinary Actions
F. Sanctioning Guidelines
G. Declaratory Relief
|XV. The Professional Standards/Arbitration Committee - Arbitration Hearings
A. The Panel
B. Witness procedures in arbitration hearings.
C. Possibility of subpoena powers
D. Jurisdiction of Panel and Respondent’s presence at hearing - Board "Options"
E. Executive Session
F. Form of Award
|XVI. Complaints Alleging a Violation of Article 17||5 minutes|
|XVII. Role of Board Counsel in Hearings and Executive Sessions||5 minutes|
|XVIII. Role of Executive Officer and Staff in Hearings and Executive Sessions||5 minutes|
|XIX. Refusal to Arbitrate v. Refusal to Abide
A. Article 17 of the Code - Refusal to Arbitrate
B. Refusal to Abide by Award - Judicial enforcement
|XX. Mediation and the Arbitration Process||10 minutes|
|XXI. The Ombudsman Process||5 minutes|
|XXII. Mediation of Potentially Unethical Conduct (if adopted)||10 minutes|
|XXIII. Appeals From the Grievance Committee||5 minutes|
|XXIV. After the Ethics Hearing - Directors Action, Appeals
A. Directors Action in absence of appeal
B. Appeals from Ethics Hearings - Bases for appeal - respondent v. complainant
C. Ethics Appeal Hearing procedures
D. Board of Directors Decision on Ethics Appeal
E. Publication of Disciplinary Actions and Discipline
|XXV. After the Arbitration Hearing - "Procedural Review"
A. "Appeal" v. "Procedural Review"
B. Bases for Procedural Review
C. The Procedural Review Hearing
|XXVI. Procuring Cause - Basic Concepts and Factors||15 minutes|
|XXVII. Resources for Processing a Professional Standards Action
A. Checklists for ethics complaints and arbitration claims
B. Time frames and due dates
C. Forms in the Code of Ethics and Arbitration Manual (CEAM).
D. Actions required to be taken by the board/association to adopt the CEAM.
|XXVIII. Conclusion||5 minutes|
|XXIX. Qualification Test||45 minutes|