The procedures established in these Rules shall govern proceedings conducted by the Judicial Council pursuant to Bylaws Article II, Section 5, concerning membership in the Association. The procedures set forth in these Rules are subordinate to the Bylaws of the AVMA. In the event of any conflict, the provisions of the Bylaws shall prevail.

Section 1 - Definitions - As used herein:

1. "Association" means the American Veterinary Medical Association (AVMA).
2. "Complaint" means an allegation of:
   
   
   1. Failure to comply with the Bylaws of the AVMA, the Principles of Veterinary Medical Ethics, or any other rules or regulations of the Association;
   2. Conviction of a felony or a crime related to, or arising out of, the practice of veterinary medicine or involving moral turpitude;
   3. Suspension, revocation, or forfeiture by any state, province, or country of the member's right to practice veterinary medicine; or
   4. Immoral, dishonorable, or unprofessional conduct considered prejudicial to the best interests of, or inconsistent with, the purposes of the Association.
3. "Members" means the members of the AVMA.
   
   
4. "Secretary" means the Secretary of the Judicial Council, the AVMA staff member who is assigned to provide administrative support to the Judicial Council.
5. "Party" means the complainant or the respondent in a disciplinary proceeding referred to herein.
6. "Judicial Council" means the duly elected Judicial Council of the AVMA.

Section 2 - Initiation of Proceedings

1. Who may file a complaint:
   
   
   1. Any person, whether a member or not, or any constituent association may file a complaint against any member. Such complaint must be filed with the Secretary, in writing, dated and signed by the complainant, stating the facts on which it is based. A complaint must be filed within one year after the facts became known to the complainant or could have been known in the exercise of reasonable diligence. A complaint must include adequate evidence to substantiate the allegations, including copies of pertinent documents and notarized affidavits from witnesses. The complainant will be advised that a copy of the complaint and the evidence may be provided to the party complained against to enable that party to respond to the complaint.
   2. To be considered by the Judicial Council, a complaint must allege, in writing, facts which constitute a basis for disciplinary action for any of the reasons set forth in Article II, Section 5, of the Bylaws, and it must include all of the evidence required by paragraph 2A1 and any other information that has been discovered by an AVMA investigation.
   3. The Secretary will evaluate the complaint and the supporting evidence when there is a reason to believe that the member may be guilty of conduct subject to disciplinary action.
   4. Alternatively, the Executive Vice President may conduct an investigation on his or her own initiative or the Board of Governors or the Executive Board may direct an investigation. If that investigation reveals evidence to suggest disciplinary action, the Secretary shall present the case as complainant on behalf of the Association.
2. The Secretary shall promptly review every complaint to determine whether to:
   1. Refer the complainant to a constituent organization or a state veterinary licensing board, or
   2. Implement Judicial Council policy regarding whether the complaint should be dismissed, or
   3. Recommend to the Judicial Council that the complaint be dismissed or heard, and the reasons for the recommended action, or
   4. Set the complaint for hearing by the Judicial Council.
3. Before making a preliminary determination, the Secretary may send by certified mail a copy of the complaint and the evidence submitted with the complaint to the party complained against and advise the respondents that:
   1. The respondent may file a written response (including supporting evidence) with the Secretary within thirty days, and
   2. If the respondent does not file a reply within 30 days, the charges may be addressed as uncontested.
4. The Judicial Council may accept a late response at its discretion. The Secretary shall promptly deliver copies of all accepted responses to the complainant and the Judicial Council.
5. After a complaint has been filed with the Secretary, it may be withdrawn by the complainant only with the consent of the Judicial Council.
6. At its next regularly scheduled meeting, the Judicial Council will review the information provided.
   
   
   1. If the Council finds the complaint to be invalid or not to be supported by the evidence presented, the Council may dismiss the complaint.
   2. If the Council finds that the complaint may be justified, the Council may render a judgment based on the evidence presented, or the Council may schedule a hearing to acquire additional evidence and information to clarify the issues.
   3. The Secretary will notify all parties of the Council's action.

Section 3. Hearings.

1. The Judicial Council Chair shall designate the time and place of the hearing, and the Secretary shall notify the complainant and the respondent of the designated time and place. An appearance at a hearing, without objection by a party, will constitute a waiver of any defect in the notice of that hearing. If either party fails to appear at a duly noticed hearing without obtaining a continuance or adjournment thereof, the Judicial Council may proceed with the hearing and shall reach its decision based on the evidence made available at the hearing.

2. At any hearing, every party has the right to present witnesses, to submit evidence pertinent to the case, and to cross-examine any witness. Witnesses who give oral testimony shall be sworn by the chair. Before permitting testimony relating to anyone's character or general reputation, the Judicial Council shall satisfy itself that the testimony has a direct bearing on the case.

   Each party may be represented in person and/or be represented by counsel. The Judicial Council may, at its discretion, have legal counsel present to advise.

Section 4 - Decisions of Judicial Council

1. Disciplinary decisions of the Judicial Council shall be by majority vote; by secret ballot if requested by a majority of the council; and presented in writing that clearly states the findings of fact and any disciplinary action. A failure of secrecy shall not invalidate the decision. The decision shall be filed with the Secretary, who shall transmit a copy of the decision to the complainant and the respondent within fourteen days after it is rendered. For decisions other than acquittal, discipline may include, but not be limited to, censure, suspension, probation, and expulsion.
2. Within thirty days after the decision has been rendered, either party may petition the Judicial Council for a rehearing, solely on the ground of newly discovered material evidence which the petitioner could not, with reasonable diligence, have discovered and produced at the original hearing. The petition must be filed in writing with the Secretary. No more than one Petition for Rehearing may be filed by any party in a case.
3. The Secretary will, by certified mail, deliver copies of the Petition for Rehearing to each party with notice that a written reply may be filed with the Secretary within fifteen days. At the end of the fifteen-day response period, the Secretary will provide each member of the Judicial Council with a complete set of the documents related to the Petition for Rehearing. Fifteen days after receipt of the documents, the Judicial Council will meet by telephone conference call to consider whether to grant or deny the Petition. Following that meeting, the Secretary shall immediately inform the respondent and the complainant.

Section 5 - Preliminary Judicial Determination

If the Judicial Council believes that the disciplined member may resort to legal action because of suspension or expulsion, it may specify that the suspension or expulsion shall become effective upon entry of the judgment of a court of competent jurisdiction in a suit by the Association for declaratory relief declaring that the suspension or expulsion violates no right of the member.

Section 6 - General Provisions

1. Any party to a disciplinary proceeding may file with the Secretary a written request for disqualification of a member of the Judicial Council for cause and stating the grounds for disqualification. Any grounds for disqualification of which the party then has knowledge are deemed to be waived, unless the request is filed before the Judicial Council renders its decision. If a majority of the members of the Judicial Council finds any valid ground for disqualification, or finds any other facts that may prevent a member of the Judicial Council from rendering an impartial decision or may create the appearance that the member will not do so, that member will be disqualified.
2. The Judicial Council will not be bound by the technical rules of evidence employed in legal proceedings. The Judicial Council, in its sole discretion, may accept or reject any evidence it deems appropriate.
3. In any proceeding, a transcript may be made at the discretion of the Judicial Council.
4. Any notice required to be given or paper required to be served may be given or served by personally handing it to the party to be notified or by sending it by certified mail, addressed to the person's last known mailing address. If mailed, the notice shall be deemed to be served, filed, or given when mailed. Notice of any hearing shall include the names of the members of the Judicial Council and, except for an adjourned hearing, shall be given not less than ten days before the date of the hearing. No hearing shall be set for a time that does not permit at least ten days' notice.
5. Communications shall be directed to the Secretary. The Secretary shall:
   
   
   1. render all necessary assistance to the parties,
   2. on application, furnish forms and papers required,
   3. receive, file, and distribute all documents or other papers, as appropriate, and
   4. receive all fees and disburse all money payable to or by the Association.
6. The complainant and the respondent will pay their own expenses and those of their witnesses to participate in hearings.

Section 7 - Summary Proceedings

In each instance in which the Judicial Council determines to discipline a member due to having been convicted of a felony by any court of competent jurisdiction, the member shall be notified that he or she shall be expelled from the Association and shall lose all related rights and privileges sixty days after such notification, unless the member demonstrates in writing to the Judicial Council that there is a genuine issue as to any material fact with respect to whether the member has been determined to be guilty. Absent such demonstration, the member shall have no automatic right to a hearing, notwithstanding any other provision in these rules.

updated 10/06