APA Virginia Rules of Conduct

The Board of the Virginia Chapter of the American Planning Association met on Friday, April 11th, for our quarterly meeting and adopted a new Rules of Conduct outlining the Virginia Chapter's anti-harassment and anti-discrimination policy and a process for acting on policy violations. The Rules will apply to all participants (members and non-members) in all Chapter activities, and further to the Chapter Board of Directors and Officers when acting in their capacity as leaders, i.e., when they are attending any event as a representative of the Chapter and when they are speaking on behalf of the Chapter.

Virginia Chapter of the American Planning Association Rules of Conduct: Anti-Harassment & Anti-Discrimination Policy

Introduction

The Virginia Chapter of the American Planning Association (VA APA) is committed to establishing, maintaining, and protecting a welcoming environment free of discrimination and harassment in any form, for everyone. To that end, VA APA is issuing these Rules of Conduct for all VA APA functions — both in person and virtual — including its online communities. It is our hope that these Rules will promote a welcoming environment for all who attend VA APA meetings and other VA APA functions.

A. SCOPE

The VA APA Rules of Conduct apply to all participants (members and non-members), guests, sponsors, volunteers, and vendors/exhibitors at all official VA APA functions, including but not limited to:

1. State conferences and meetings, including meeting breakout sessions, tours, and social events, as well as all meeting-related events that are sponsored by VA APA;
2. VA APA online discussion boards, VA APA social media groups, and emails addressing VA APA policies or other VA APA issues;
3. Meetings, retreats, social events, conference calls and any online or email communications of the VA APA Board of Directors, VA APA Committees, and VA APA Groups, as well as meetings, calls and digital communications of task forces; and
4. Meetings, retreats, social events, and conference calls sponsored by any VA APA Section and any online or email communications involving Section policies or issues.

These Rules also apply to all conduct by members of the VA APA Board of Directors when acting in their capacity as leaders, regardless of whether such conduct occurs at a VA APA function. Members of the VA APA Board will be considered as acting in their capacity as leaders when they are attending an event as a representative of the VA APA, and when they are speaking on behalf of the VA APA.

Coverage

If a VA APA member experiences, witnesses, or is accused of, harassment or discrimination at the member’s own or another institution, at a place of work, at a research facility, or online, but not in a context addressed above, VA APA will not become involved. We encourage members to contact the appropriate officer/official(s) at that location or institution who handles such issues. The VA APA will not become involved in incidents at the national level, but will consult with the American Planning Association should it seek its input as the national organization considers adoption or modification of its rules of conduct. Any VA APA disciplinary action against a member based on its own rules of conduct shall result in the APA’s Welcoming Environment Committee being advised of that action.

B. PROHIBITED CONDUCT

To nurture a welcoming VA APA environment, some behaviors are expressly prohibited. Prohibited conduct includes, but is not limited to:

1. Harassment or discrimination based on gender, sexual orientation, physical or mental disability, medical condition, physical appearance, ethnicity, race, religion, nationality, or any other group identity or basis protected by federal law;
2. Sexual harassment or intimidation, including unwelcome sexual attention, stalking (physical or virtual), demeaning gender-based comments, or unwelcome physical contact;
3. Harassment or discrimination based upon any position of influence;
4. Refusing to provide goods or services to a person or group of people based on gender, sexual orientation, physical or mental disability, medical condition, physical appearance, ethnicity, race, religion, nationality, or any other group identity or basis protected by federal law;
5. Abusive, discriminatory, derogatory, ridiculing, lewd, or demeaning language, conduct, or presentation materials (visual or auditory);
6. Bullying or displaying a pattern of repeatedly and deliberately harming and humiliating another person;
7. Yelling despite being asked to stop, offensive ridiculing, or threats (verbal or physical);
8. Physical violence or threat of violence; and
9. Retaliation aimed at a complainant or anyone who reports an incident or who aids in a complaint investigation.

Final Comments:

It is important to recognize that VA APA is not a law enforcement entity. While we are striving to offer a welcoming environment to all attendees at our functions, we are not responsible for the conduct of any individual. We assume no duty to halt, limit, or address any problematic or illegal conduct, and we disclaim liability for conduct between and among any individuals.

Rather, in adopting and disseminating these Rules, VA APA's purpose is to encourage appropriate behavior and to address allegedly inappropriate behavior in a fair manner. We want to do what we reasonably can to help assure that all participants and attendees at VA APA functions are treated in a welcoming manner. It is our hope that these Rules will help to result in a welcoming environment for all who participate or attend VA APA functions.

VA APA also wishes to make sure that members are aware of the elected Member Advocates who can aid them in evaluating their options should they be subjected to any of the prohibited behaviors listed above. The Member Advocates may be reached at advocates@apavirginia.com.

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Procedures Governing Complaints Of Discrimination Or Harassment

A. OVERSIGHT

The Executive Board will work with the Member Advocates to issue formal recommendations and advisory opinions related to the cultivation of a welcoming environment at all VA APA functions. It will review and adjudicate all contested matters of behavior and disciplinary proceedings under the APA Rules of Conduct, other than those adjudicated by the AICP. The Executive Board will also report to the Chapter Membership annually about the complaints that it has addressed.

The President and President-Elect or Past-President (collectively the “Investigators”) will receive, review, and act on all complaints about non-AICP members in cooperation with the Member Advocates and potentially an outside counsel as appropriate. In the instance that one of the Investigators is the subject of the complaint, the most recent Past President not already serving as an investigator, shall serve along with the other eligible investigator. Where a complaint is deemed by the investigators to be clearly without merit, the investigators shall so advise the Executive Board. If the Executive Board agrees, no further action will be taken by the investigators.

The AICP Ethics Officer will receive, review, and act on all complaints for all AICP members using the process outlined in the AICP Code of Ethics and Professional Conduct.

The VA APA Board will review and act on all requests for appeal of a decision by the VA Executive Board.

B. REPORTING AN INCIDENT

VA APA cannot investigate allegations of discrimination or harassment unless the incident is promptly brought to the attention of the appropriate personnel. We will not investigate any allegation unless the incident in question is brought to our attention within three (3) months after the incident, or most recent incident in the event of recurring behavior, took place. Other examples of behavior outside of the three (3) month window may be included to demonstrate patterns of behavior.

Regardless of whether a formal complaint is made, VA APA reserves the right at any time to investigate situations that arise at its meetings or other functions, whether in person or online.

Those who witness or experience discrimination or harassment should report the incident in writing to the VA APA President. If discrimination or harassment occurs at the state planning conference, the incident may first be reported to the Member Advocate if the Member Advocate if present — or to the President or President-Elect/Past-President.

Anyone experiencing a threat to their physical safety at an in-person event should immediately call 911 and should then report the incident to VA APA.

C. INVESTIGATION PROCEDURE

The following procedure will be followed for investigations:

1. Individuals who believe they have experienced or witnessed discrimination or harassment should submit a summary of the incident in writing. Failure to provide a report in writing may limit VA APA's ability to investigate.
2. The complaint must be signed and should include contact information so that the investigators (or the AICP Ethics Officer) will know with whom to follow up. The complainant may request confidentiality and work through a Member Advocate. VA APA will attempt to honor that request. However, we cannot guarantee confidentiality and may disclose the identity of the complainant, the alleged victim (if different from the complainant), and the accused if, in the judgment of VA APA, disclosure is needed to reach an informed result or is required by law.
3. The investigators will conduct a review of each submitted incident in which the accused person is not an AICP member. The investigators will use the information provided on the form to determine how best to proceed with each incident in consideration of the following:
   1. Whether the incident is a matter of organizational practice or policy (e.g., wheelchair accessibility issues at a meeting, lack of accommodation for religious practices, etc.), or individual conduct (e.g., behavior that violates the rules outlined above); or
   2. Whether the incident requires further investigation.
   3. If the accused person is an AICP member, the incident will be referred by the President to the AICP Ethics Officer for further action in accordance with the AICP Ethics process.
4. VA APA will acknowledge receipt of each incident and follow up with the complainant and the victim of the alleged misconduct, if that person is not the complainant, about the process for addressing the incident.
5. All complaints will be treated seriously.
6. Incidents determined to be matters exclusively of organizational practice or policy will not be investigated further. They will be referred directly to the VA APA Board for review and action.
7. Incidents determined to be matters of individual conduct by a non-AICP member will be further investigated by the investigators.
8. Any reported incident will be addressed either through the APA Rules of Conduct procedures or the AICP Ethics process, but not both. Once the incident is reviewed through one or the other process, it will not be reinvestigated.
9. Decisions resulting from the review of an incident through the VA APA or AICP process may result in adverse action against a person found to have violated the Rules of Conduct. Any action following a complaint may be communicated to AICP or APA national and its components.
10. During an investigation, the investigators will discuss the details of the incident with the complainant, with the alleged victim if the complainant is not the victim, with the alleged offender(s), and with any witnesses deemed by the investigator to be able to provide useful information. The investigators may consult with VA APA staff and/or legal counsel as needed. Those reporting a complaint are not expected to discuss the incident with the offending party.
11. The investigators will notify the Executive Board when the investigation has been completed and will prepare a written report reflecting the findings of the investigation. The complainant, the victim (if different from the complainant), and the accused will be notified of the findings and conclusions of the investigators. Each of them will have one (1) week from the date of notification to submit an optional written statement regarding the incident to the investigator.
12. The investigators’ report and any accompanying written statements will be submitted to the Executive Board (minus the investigators) for review and action. The investigators may include recommendations for consideration of possible disciplinary action(s) to be considered by the Executive Board (minus the investigators).
13. After reviewing the report and all accompanying materials, the Executive Board (minus the investigators) may determine that there has been a violation of the Rules of Conduct. The Executive Board (minus the investigators) shall impose such discipline as it deems appropriate. It shall explain the basis for the discipline imposed and may attach such conditions, e.g., requirement to get additional harassment and discrimination training, as the Executive Board (minus the investigators) deems just. Alternatively, the Executive Board (minus the investigators) may find that there is inadequate evidence of a violation and will therefore dismiss the complaint. In either situation, the Executive Board (minus the investigators) shall explain the basis for the decision in a written opinion that cites and discusses the relevant provision(s) of the Rules of Conduct.
14. All parties (complainant, victim if the complainant is not the victim, and the accused) will be notified of the decision by the Executive Board (minus the investigators). The alleged victim and the accused shall have a right to appeal in accordance with the procedures set forth in Section E.
15. The written report and decision shall also be shared with the Member Advocates.

D. DISCIPLINARY ACTION

If it is determined that an AICP member has engaged in prohibited conduct, the AICP Ethics Officer shall determine the appropriate action to be taken, in line with the process outlined in the AICP Code of Ethics and Professional Conduct.

If it is determined that a non-AICP member has engaged in prohibited conduct, the VA APA Executive Board (minus the investigators) shall determine the appropriate action to be taken. Such action may include, but is not limited to:

• An informal discussion of the incident at issue, the need to avoid similar incidents going forward, and the advisability of training on the conduct in question.
• Private reprimand;
• Implementation of conditions upon attendance, or restriction from attendance, at future VA APA-sponsored events;
• Temporary suspension or removal from VA APA Leadership;
• Prohibition from pursuing future leadership roles; and
• Temporary suspension or permanent revocation of VA APA membership.

In cases involving suspension or revocation of leadership or membership, VA APA may communicate decisions with AICP and APA national and appropriate components (e.g., the offending party's division, planning student organization), per section C. 5. d. of the investigation procedure.

In the event of the potential for serious, injurious, or offensive conduct, when it seems reasonable to preserve the peace and decorum of the event or to limit harm or to avoid further incidents, VA APA may take immediate action and require a person to leave an event or online forum without warning or refund. Any follow-up proceedings may occur later.

VA APA may, but is not required to, report any incident to the proper authorities, including but not limited to event security and law enforcement, if in VA APA's sole discretion such reporting is appropriate.

E. DECISION AND APPEALS

AICP will notify all parties (complainant, victim if the complainant is not the victim, and the accused) regarding the decision of the Ethics Officer. Appeals will be handled in line with the process outlined in the AICP Code of Ethics and Professional Conduct.

VA APA will notify all parties (complainant, victim if the complainant is not the victim, and the accused) regarding the decision of the VA APA Executive Board (minus the investigators).

The alleged victim(s) and the accused will have a right to appeal the Executive Board’s (minus the investigators) decision.

1. Notice of an appeal must be delivered within three (3) weeks after the date of the notification of the decision of the Executive Board (minus the investigators). Such notice must be accompanied by a written statement setting forth the basis of the appeal. Appeals must be submitted in writing to the President. The Executive Board (minus the investigators) shall, in its sole discretion, determine whether to stay any adverse action against the accused pending appeal.
2. The notice of appeal and the accompanying written statement shall be sent to the person(s), other than the appellant, who were involved in the initial proceeding of the Executive Board Such person(s) will have two (2) weeks from the date of the sending of the notice of appeal and written statement to those persons to make a written submission, if they wish, setting forth their position on the appeal.
3. Appeals will only be accepted for incidents that result in more than a reprimand. Appeals from those reporting a complaint will not be accepted in cases in which the appellant is neither the victim nor the accused.
4. Appeals will be considered by the VA APA Board (minus the investigators) within a reasonable time after receiving all relevant input. The Board (minus the investigators) will determine, in its sole discretion, whether to permit oral presentations by the victim and the accused.
5. VA APA will notify all parties (complainant, victim if the complainant is not the victim, and the accused) regarding any final decision of the Board (minus the investigators).
6. If the decision of the Board (minus the investigators) is to remove an officer or appointed official from his or her position within VA APA, the decision shall be processed by the Board in accordance with the bylaws and policies of VA APA.
7. If deemed appropriate by the Board, final decisions will also be communicated to AICP and APA national and its components, per section C. 5. d.

F. RETALIATION

VA APA will not tolerate any form of retaliation against persons who file Rules of Conduct Incident reports or who assist in incident investigation. Any attempt at retaliation will itself be grounds for sanctions.

Final Comments:

It is important to recognize that VA APA is not a law enforcement entity. While we are striving to offer a welcoming environment to all attendees at our functions, we are not responsible for the conduct of any individual. We assume no duty to halt, limit, or address any problematic or illegal conduct, and we disclaim liability for conduct between and among any individuals.

Rather, in adopting and disseminating these Rules, VA APA's purpose is to encourage appropriate behavior and to address allegedly inappropriate behavior in a fair manner. We want to do what we reasonably can to help assure that all participants and attendees at VA APA functions are treated in a welcoming manner. It is our hope that these Rules will help to result in a welcoming environment for all who participate or attend VA APA functions.