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 Exercise15 minutes
II. History and Background of the Code of Ethics5 minutes
III. Concepts of the Preamble of the Code of Ethics5 minutes
IV. The Structure of the Code of Ethics
   A. The Three Major Sections
   B. Articles
   C. Standards of Practice
   D. Case Interpretations
10 minutes
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
50 minutes
VI. Due Process: The Foundation of Code Enforcement
    A. Elements and concepts of providing due process
    B. Antitrust dangers.
    C. Fundamental fairness
15 minutes
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
10 minutes
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.
5 minutes
IX. The Grievance Committee and an Ethics Complaint - Standards for Consideration20 minutes
X. Grievance Committee Role and Standards in a Request for Arbitration20 minutes
XI: NAR Model Citation Policy and Schedule of Fines (if adopted)5 minutes
XII.Confidentiality and the Professional Standards and Arbitration Process5 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
25 minutes
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
30 minutes
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
25 minutes
XVI. Complaints Alleging a Violation of Article 175 minutes
XVII. Role of Board Counsel in Hearings and Executive Sessions5 minutes
XVIII. Role of Executive Officer and Staff in Hearings and Executive Sessions5 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
10 minutes
XX. Mediation and the Arbitration Process10 minutes
XXI. The Ombudsman Process5 minutes
XXII. Mediation of Potentially Unethical Conduct (if adopted)10 minutes
XXIII. Appeals From the Grievance Committee5 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
15 minutes
XXV. After the Arbitration Hearing - "Procedural Review"
   A. "Appeal" v. "Procedural Review"
   B. Bases for Procedural Review
   C. The Procedural Review Hearing
10 minutes
XXVI. Procuring Cause - Basic Concepts and Factors15 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.
20 minutes
XXVIII. Conclusion5 minutes
XXIX. Qualification Test45 minutes

Advertisement