Leadership & Governance
Standards of Conduct
Administrative Policy: Standards of Conduct
Our
Values:
ASLA promotes a working environment that values
respect, fairness, and integrity. As representatives of ASLA, members of the
Board of Trustees, ASLA committees and other volunteer groups, and ASLA staff, we
shall act with respect, fairness, honesty, integrity, and openness in all our dealings.
It is the duty of each such individual to:
1. Maintain the highest standards of personal
conduct.
a. Use only legal and ethical means in all ASLA
activities.
b. Perform our responsibilities diligently and
strive for excellence in all aspects of the management of ASLA.
c. Serve all members of ASLA impartially and
provide no special privilege for any individual member.
d. Refrain from engaging in discrimination or
harassment on the basis of age, color, disability, gender, marital status,
national origin, race, religion, sexual orientation, veteran status, or any
other protected class.
e. Recognize and discharge our personal
responsibility to uphold all laws and regulations relating to ASLA’s policies
and activities.
f. Refrain
from fraud, bribery or corruption of any kind.
2. Actively promote and encourage the highest
level of ethics among landscape architects.
3. Comply with all ASLA bylaws, rules, and
policies, including without limitation, those policies pertaining to conflicts
of interest and improper gratuities.
4. Act in
the best interests of ASLA.
a. Act openly, honestly, fairly, and in good
faith towards ASLA.
b. Maintain loyalty to ASLA and pursue its
objectives in ways that are consistent with the public interest.
c. Refrain
from engaging in activities for personal gain at the expense of ASLA.
d. Refrain from using his/her position with ASLA
to advance an outside interest to the detriment of ASLA.
5. If authorized to communicate statements on
ASLA’s behalf, do so in a truthful and accurate manner.
6. Maintain the confidentiality of privileged
or non-public information entrusted or known to him/her by virtue of his/her
position in accordance with ASLA’s policies regarding confidentiality, and act
reasonably to protect the integrity of data and information used by ASLA.
Fair Employment Practices
We treat all people
fairly, and with dignity and respect.
The
American Society of Landscape Architects has zero tolerance for unlawful
discrimination and harassment on the basis of race, sex, national origin,
color, age, disability, religion, sexual orientation, and other protected
classes. There can be no place for such behavior in the landscape
architecture profession or in ASLA.
The
intent of ASLA’s policies is to send a clear and powerful message to its
governing bodies, committee members, volunteer groups, members, staff, and the
public that the Society does not tolerate any form of unlawful discrimination
or unlawful harassment.
ASLA welcomes and
supports a diverse, inclusive work environment.
As such, our commitment is to promote equal employment opportunities for
all our employees and applicants seeking employment. ASLA makes employment decisions based on
organizational needs, job requirements and individual qualifications without
regard to race, color, religion, age, sex, sexual orientation, gender identity
or expression, pregnancy or medical condition related to pregnancy or
childbirth, physical or mental disability, political affiliation, national
origin, genetic information, veteran status, or other attribute protected by
law. Harassment or discrimination based
on these characteristics will not be tolerated at ASLA.
ASLA
strives to promote respectful, safe, and non-judgmental environments that are
free of retaliation against those who voice their concerns in good faith.
Accordingly, ASLA’s policies governing the conduct of its board and
committee members, volunteer groups, staff, and membership provide for due
diligence and prompt remedial action where necessary and appropriate to address
issues that arise in a proportionate and effective manner. ASLA’s Code of
Professional Ethics also provides for sanctions that may include rescission of
medals, honors, and awards, as well as expulsion from the Society.
We respect human rights everywhere we work and
do business with others.
We will comply with all laws pertaining to
freedom of association, privacy, collective bargaining, immigration, working
time, wages and hours, and employment discrimination.
This policy includes actions that occur on, or
in connection to, ASLA property occupied by ASLA or our agents, ASLA functions,
and ASLA related conferences or events, as well as on all ASLA communication
platforms.
Your Role
You may not refuse to work or cooperate with
others because of characteristics covered by this policy such as race,
religion, sex, age, or other characteristic protected by law.
Create and foster a work environment free from
harassment based on any protected characteristic, and free from bullying or
abusive behavior.
Never make an unwelcome sexual advance to an
employee or another person with whom you work.
Never be a party to abuse, corruption or
sexual exploitation of any individual.
Do not engage in or facilitate the display or
circulation of offensive, derogatory or sexually explicit pictures or other
materials, including by email or on the internet.
ASLA absolutely prohibits
taking adverse action against an employee because he/she has raised a concern about
a violation of policy or law.
What Our Leaders, Representatives and Employees
Must Do
- Read, understand
and comply with these Standards of Conduct.
- Read,
understand and comply with all ASLA policies.
- Promptly raise any
concerns about violations of these Standards of Conduct, any ASLA policy or
applicable law.
- Cooperate
fully and honestly in ASLA investigations related to integrity concerns.
- Promote a culture
in which others feel comfortable raising concerns without fear of retaliation.
- Set an example for
integrity, not just through words, but more importantly, through actions.
ASLA
leaders, representatives and employees who do not fulfill their responsibilities
under our Standards of Conduct may face disciplinary action up to and including
termination of their role, position or employment. The following examples of conduct can result
in disciplinary action:
- Violating
these Standards of Conduct, other ASLA policies, or applicable law
- Retaliating
against another person for reporting alleged violations
- Failing
to act in good faith in reporting suspected violations of these Standards of
Conduct
- Failing
to fully and honestly cooperate in ASLA investigations of possible policy
violations
Procedures for Filing and Resolution of Complaints
General
Filing of Complaints: A complaint of violation of
the Standards (“Complaint”) may be filed by or against any member of ASLA’s
Board of Trustees, the Executive Committee, an ASLA committee or volunteer
group, or any ASLA staff person. The
Executive Committee, on its own volition, may initiate a complaint of violation
of the Standards or Conduct.
Good Faith: Anyone
filing a Complaint (“Complainant”) must act in good faith and have reasonable
grounds for believing the information disclosed indicates a violation of the
Standards of Conduct. Making allegations
that prove to be unsubstantiated and that prove to have been made maliciously,
recklessly, or with the knowledge that such allegations are false or misleading,
will be viewed as a serious disciplinary offense and may result in discipline,
up to and including dismissal from a volunteer position or termination of
employment. Such conduct may also give
rise to other actions, including lawsuits.
No Retaliation:
No Complainant shall be subject to any form of retaliation against
anyone for having filed a Complaint of a violation of the Standards of Conduct.
A volunteer or employee who retaliates
against someone who has reported a Concern in good faith is subject to
discipline up to and including dismissal from the volunteer position or
termination of employment, respectively.
Confidentiality:
All Complaints alleging a violation of the Standards of Conduct, and
investigations pertaining thereto, shall be kept confidential to the extent
possible, consistent with the need to conduct an adequate investigation.
Disclosure of Complaints to individuals not involved in the investigation will
be viewed as a serious disciplinary offense and may result in discipline, up to
and including dismissal from a volunteer position or termination of
employment. Such conduct may also give
rise to other actions, including lawsuits. Referral: If the reported allegation
involves questionable or improper accounting or auditing matters, the Committee
shall forward the report to the Audit Committee for further action.
Complaints Involving ASLA Staff Members
Complaints alleging violations of the Standards of
Conduct by ASLA staff members shall be submitted to the Chief Executive Officer
(“CEO”). Complaints alleging violation
of the Standards of Conduct by the CEO shall be submitted to the ASLA
President. All Complaints against ASLA
staff members will be handled in accordance with the applicable provisions of
the ASLA Employee Handbook and related Human Resources policies and procedures. All Complaints shall be promptly investigated
and appropriate corrective action taken if warranted by the investigation. Nothing in this policy shall limit or
restrict the authority of the CEO to take appropriate personnel action with
respect to ASLA staff.
Complaints Involving Members of the Board of
Trustees, ASLA Committees or other Volunteer Groups
Complaints alleging violations of the Standards of
Conduct by members of ASLA’s Board of Trustees, committees or volunteer groups shall
be submitted to the ASLA Ethics Committee (“Committee”). Complainants are encouraged to submit Complaints
promptly. The Committee reserves the
right to dismiss any Complaint filed more than one (1) year after of the
alleged improper conduct unless the Complainant explains the reasons for the
delay and why the Complaint should be considered by the Committee.
The Complaint shall be submitted in writing to the
Committee at ASLA national headquarters and shall include, to the extent
available, the following:
The
name, address, phone number, and email address of the Complainant.
The
name, address, phone number, and email address of the person alleged to have
violated the Standards of Conduct (“Respondent”).
The facts and circumstances giving
rise to the Complaint, including dates of alleged violations, supporting
information and exhibits, and references to the Standards of Conduct that may
have been violated. The Complaint shall contain all relevant information,
including third-party statements or exhibits, if any, that the Committee would
need to consider in making a fair determination, provided that such third-party
statements and exhibits do not result in a breach of confidentiality. The
determination of the Committee will depend solely on the written record
supplied by the Complainant and Respondent.
A
list of pending actions, if any, against the Respondent, or against the
Complainant by the Respondent, in relation to the Complaint, such as lawsuits,
alternative dispute resolution procedures, or professional licensing board or
other regulatory proceedings (“Pending Legal Action”).
After review and consideration of the information
submitted, the Committee will either: (1) determine that there are reasonable
grounds to believe that a violation of the Standards of Conduct may have
occurred and accept the Complaint for further consideration; or (2) determine
that there is no reasonable basis to believe that a violation occurred and
decline to accept the Complaint. If the Complaint is declined on the basis of
incomplete information, an amended Complaint with additional information may be
submitted by the Complainant within thirty (30) days of receipt of notice of
dismissal. If an amended Complaint is submitted and declined by the Committee,
that determination is final.
On acceptance of the Complaint by the Committee,
the Complainant shall be informed that the Complaint is accepted and the
Respondent shall be provided with a copy of the Complaint. The Respondent shall
have sixty (60) days to reply to the Complaint. The response shall be submitted
in writing to the Committee and shall include the following:
Admittance or denial of the Complaint.
If the Respondent admits that the facts alleged in the
Complaint
are true and the conduct alleged in the Complaint occurred, the Respondent
shall describe and provide evidence to show what actions have been taken to
become compliant with the Standards of Conduct.
Factual
information in defense of the action(s) that led to the Complaint, including
supporting information and exhibits. The response shall contain all relevant
information, including third-party statements or exhibits, if any, that the
Committee would need to consider in making a fair determination, provided that
such third-party statements and exhibits do not result in a breach of
confidentiality. The determination of the Committee will be based solely on the
written record.
A
list of Pending Legal Action against the Complainant, or against the Respondent
by the Complainant, in relation to the Complaint. If the Respondent requests deferral of further
processing of the Complaint by the Committee due to Pending Legal Action, the
Respondent shall explain the reasons therefore.
In response to such a request by the Respondent, or on its own
initiative, the Committee may at any time defer further proceedings until resolution
of the Pending Legal Action if the Committee determines, in its discretion,
that such deferral is in ASLA’s best interest.
If no response is received from the Respondent
within sixty (60) days, notice shall be given to the Respondent and an
additional ten (10) days shall be given for a reply. No response or an
unresponsive reply may result in the Complaint being resolved in favor of the
Complainant.
Subject to disclosures that may be required or
permitted in connection with a Pending Legal Action, if any, the Respondent
shall keep all aspects of the Complaint and the review process confidential and
shall avoid any public disclosure or discussion that would result in the
Complaint or the review process becoming known to anyone other than the
Complainant or a legal representative of the Complainant or the Respondent. A
breach of confidentiality may constitute a separate violation of the Standards
of Conduct.
The Committee will provide the Complainant with a
copy of the reply. The Complainant shall
have thirty (30) days from the date of the Committee’s transmittal of the reply
to rebut the reply. Copies of the rebuttal shall be provided to the Committee,
which will provide a copy to the Respondent. The Respondent shall have thirty
(30) days from the date of the Committee’s transmittal of the rebuttal to reply
to the rebuttal. The Committee will provide a copy of the Respondent’s
surrebuttal to the Complainant.
On acceptance of the Complaint and reply, and
receipt of a rebuttal and surrebuttal, if filed, the Committee will consider
the matters at issue, make findings, and make a recommendation. If the Committee determines that there are
insufficient facts to support a finding that the alleged conduct occurred
and/or that the alleged conduct, if it occurred, would not constitute a violation
of the Standards of Conduct, it will dismiss the Complaint. If the Committee
determines that it is more likely than not that a violation has occurred, it
will recommend to the ASLA Executive Committee any of the following:
1. That
the ASLA Executive Committee issue a confidential Letter of Admonition.
2. That
the ASLA Executive Committee issue a Letter of Censure.
3. That
the ASLA Executive Committee issue a letter of Probationary Suspension of
service on the board, committee or group.
4. That
the ASLA Executive Committee issue a Letter of Termination of service on the
board, committee or group.
5. That
the ASLA Executive Committee take other recommended action considered
appropriate under the circumstances.
The ASLA Executive Committee will review all
information submitted by the Complainant and Respondent and either: (1) accept
the recommendation of the Committee; (2) increase the recommended sanction against
the Respondent; (3) reduce the recommended sanction against the Respondent, or
(4) dismiss the Complaint.
Notice of the ASLA Executive Committee’s determination
shall be provided to both the Complainant and the Respondent. The ASLA
Executive Committee’s action shall be final and binding unless appealed by the
Respondent to the ASLA Board of Trustees within sixty (60) days of receipt of the
ASLA Executive Committee’s decision. The
Complainant may not appeal the decision of the ASLA Executive Committee.
Appeals to the ASLA Board of Trustees shall be
entrusted to a subcommittee of the Board composed of a chair and four (4)
members appointed by the president on a case-by-case basis. The chair and
subcommittee members shall be duly elected, currently serving chapter trustees
representing chapters other than the one or ones from which jurisdiction the
Complaint arises. Trustees shall decline appointment if there is any question
as to their impartiality and shall resign from the subcommittee if such question
arises after appointment.
Resolution of appeals will be based solely on the
written record. The subcommittee of the ASLA Board of Trustees will review all
information submitted by the Complainant and Respondent and render a final and
binding decision within sixty (60) days of receipt of the appeal that either:
(1) upholds the ASLA Executive Committee’s action; (2) increases the sanction
against the Respondent; (3) reduces the sanction against the Respondent; or (4)
retracts the ASLA Executive Committee's action and dismisses the Complaint.
ASLA Administrative Policy:
2006; R2016; R2019; R2021