1. Complaint. Allegations of ethical misconduct must be sent by signed letter, marked “Confidential, to the President of the PSM.” This letter should include a description of the alleged behavior, information in support of the allegation, and citation of the Rules of Conduct deemed violated.
2. President’s Response to a Complaint.The President of the PSM shall determine, in consultation with the Chair of the Ethics Committee, whether the alleged conduct may constitute a violation of the PSM Rules of Conduct. If it is deemed that the alleged facts would not constitute an ethical violation, the President shall dismiss the complaint at this point and so inform the complainant.

If a determination is made that the conduct would constitute a violation, the President shall appoint a panel of PSM members to investigate the complaint. There must be at least three (3) members on the panel. At this point, the President shall notify the complainants and the accused that an investigation has been initiated. Both parties also are directed to prepare written evidence for presentation to the panel.

3. The Investigative Panel. The panel shall have full authority to investigate the validity of the allegation and of the defense against the allegation. The panel shall provide the accused the opportunity to know and respond fully to the allegations in the complaint. The panel may decide to permit the presentation of oral evidence in addition to the written materials that are submitted. However, if the facts forming the basis of the complaint are substantial and verifiable, the matter may be decided on the basis of written material; the panel may act solely on the basis of such written material. A majority of the panel must agree to the recommended decision and recommended action. At the conclusion of its investigation the panel shall make a report to the Ethics Committee. That report shall consist of (a) the full record of the complaint, the responses of the accused, and the investigation; (b) a recommended decision as to whether a violation occurred; (c) a recommended action by the Investigative Panel, which may include dismissal of the complaint; and (d) a synopsis of the findings of the panel on which its recommended action is based.
4. Decision by the Ethics Committee. Upon receipt of the report of the investigative panel, a quorum consisting of a majority of the Ethics Committee will review the entire report. On the basis of the report and its own deliberations, a majority of the full membership of the Ethics Committee will render a decision and report that decision to the President. The Ethics Committee’s report must contain a synopsis of the complaint and its investigation, and a decision whether an ethical violation occurred. The Ethics Committee can dismiss the complaint. If the Ethics Committee decides an ethical violation has occurred, it must order an action by the PSM.
5. Notification of the PSM Decision.Upon receipt of the decision from the Ethics Committee, the President of the PSM shall promptly and in confidence notify all parties in writing of the decision and order of action. If the decision is other than dismissal of the complaint, the notice will inform the accused of the right to appeal and shall provide the parties copies of the reports of the investigative panel and the Ethics Committee.

6. Right of Appeal.If the accused wishes to file an appeal, the President of PSM must receive such appeal within sixty (60) days of receipt of notice of the decision. If such notification is not received, the decision of the Ethics Committee will be carried out. The appeal may be based on claims that the decision was incorrect in light of the evidence presented and/or that the investigation procedure was flawed. The President must receive arguments supporting the appeal within ninety (90) days of receipt of the notice of decision by the accused.

If an appeal is made, the President shall request the PSM Board of Directors to appoint an Appeal Committee consisting of at least five (5) Board members. The Ethics Committee will release the entire record to the Appeal Committee.

7. The Appeal Committee. Following review of the entire record, the Appeal Committee will render its decision. The Appeal Committee may reverse the decision of the Ethics Committee and dismiss the complaint, modify the sanction imposed by the decision, sustain the decision of the Ethics Committee, or take such other action as it deems appropriate. Action by the Appeal Committee shall require a two-thirds vote of the Appeal Committee. Denial of the decision of the Ethics Committee by the Appeal Committee may be based on the conclusion that the original decision was not supported by substantial evidence, that the original decision was clearly erroneous, or that due process had not been followed. The Appeal Committee will communicate its decision to the President and all materials will be returned to the Ethics Committee.

Upon receipt of the report of the Appeal Committee, the President shall promptly notify all parties of the decision and order of action.

8. Implementation of Decisions. In the case of removal from membership or requested resignation, the name of the member and the sanction applied will be published in the PSM News. If the charges are dismissed, the accused shall be given the choice of whether that decision is published. The decision and order of action will be the final disposition of the matter by the PSM.
9. Confidentiality. It is essential that all aspects of the investigation of alleged ethical misconduct be treated in a strictly confidential manner. Only the participants will know all elements of the investigation and adjudication, including the fact that an investigation is proceeding. Breach of this confidentiality shall itself be considered ethical misconduct.

This confidentiality shall be maintained until thirty (30) days after receipt of notice of decision from the President of PSM. In the event of appeal, the President shall extend this confidentiality until thirty (30) days after the notification of decision of the Appeal Committee.