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Roberts Jerry

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  • 06/02/09 North American Association of Telecommunications Dealers

Roberts Jerry Roberts Jerry Presentation Transcript

  • Code of Ethics and Procedure for Filing and Processing Complaints
  • THE CODE
    • Members of the ASCDI/NATD and Subscribers to the NTTN/ATN agree to the following:
    • Article 1
    • To maintain and enforce high standards of ethical professional conduct making Membership in the ASCDI/NATD a recognized mark of experience, integrity and competence.
    • Article 2
    • To regard as confidential all information concerning the business and affairs of the customer.
    • Article 3
    • To conduct business in a manner which brings credit to and enhances the reputation of the telecommunications/computer industry.
    • Article 4
    • To publicize products and services in a professional manner, avoiding all conduct, practices and promotions likely to discredit the industry.
    • Article 5
    • To broaden public understanding and enhance confidence in the telecommunications/computer industry so that users will be encouraged to use Member products and services as their primary resource.
    • Article 6
    • In keeping with these principles, Members of the ASCDI/NATD and Subscribers to the NTTN/ATN make the following pledge:
        • To follow through and complete any agreement made verbally or otherwise to any ASCDI/NATD Member or non-member, prospect or customer.
        • To conclude a transaction in a competent and professional manner once the parties have agreed to complete a specific transaction.
        • To honor an offer that has been accepted as expeditiously as possible.
        • To fully disclose all limitations on the authority of an employee or agent representing a Member or Subscriber in a transaction.
        • To use only one name, identity or affiliation in all negotiations or in a competitive bidding environment.
        • To refrain from disparaging others by statement or innuendo.
        • To respond to any complaint alleging violation of the Code and participate in all proceedings prescribed by the ASCDI/NATD Board of Directors.
  • PROCEDURE FOR FILING AND PROCESSING COMPLAINTS
  • I. Filing a Complaint
    • Against Members
    • Members or non-Members of the Association may file complaints against Members of the Association. By filing a complaint, a non-member agrees to be bound by the Code, follow the Complaint Procedure and participate in proceedings hereunder.
    • Against Subscribers
    • Members or non-members of the Association may file complaints against Subscribers to the NTTN/ATN. A complaint filed against a Subscriber, who is a non-member, is treated as a filing against a Member. By filing a complaint against a Subscriber, a non-member agrees to be bound by the Code, follow the Complaint Procedure and participate in proceedings hereunder.
    • Against Non-Members
    • The Association does not have jurisdiction over non-members. However, if a non-member is willing to abide by the Code and participate in these proceedings, the Ethics Committee, at its discretion, may process the complaint.
  • II. Complaint Procedure
    • Form of Complaint
      • All complaints must be in writing on an ASCDI/NATD Complaint Form and sent to the ASCDI/NATD Administrative Office. ASCDI/NATD Complaint Forms are available through the ASCDI/NATD Administrative Office or on the Internet at www.ASCDI.com & www.NATD.com.
      • The complaint must include the following:
      • (a) a brief summary of the facts;
      • (b) the party against whom the complaint is filed;
      • (c) the specific Articles of the Code alleged to have been violated;
      • (d) the act that constitutes the alleged violation; and
      • (e) copies of all relevant supporting documents.
    • Ethics Committee Procedures
      • Processing and Service of Complaint and Response
        • Upon receipt of the completed complaint form and all relevant documents, the case will be forwarded to the Chair of the Ethics Committee (the “Chair”) for processing.
        • The Chair will review the complaint and, assuming the facts to be true, make a threshold determination as to whether the facts, as alleged, constitute a violation of the Code.
      • Hearing
        • After service of the response, the Chair will schedule a hearing involving the Complainant, Respondent and the Hearing Panel.
        • The Hearing Panel consists of three Members of the Ethics Committee (the “Hearing Panel”).
        • Copies of the complaint, response and all supporting documents will be forwarded to the Members of the Hearing Panel.
      • Both parties will be given an opportunity to participate, with counsel or without counsel, on a teleconference with the assigned Hearing Panel.
      • If a Complainant chooses not to participate in the hearing process, the complaint will be heard on the basis of complaint, together with evidence submitted by the Respondent.
      • Failure of the Respondent to participate, unless excused in advance by the Chair, shall result in a finding against the Respondent.
      • The hearing will last 30 minutes:
        • 10 minutes for Complainant to present evidence;
        • 10 minutes for Respondent to present evidence; and
        • 10 minutes for Members of Hearing Panel to conduct a question/answer session.
      • Following the hearing, the matter will be taken under advisement by the Hearing Panel, and a written decision will be rendered accordingly.
  • Sanctions
      • Level 1 : - A finding of violation with notice given only to the Complainant, Respondent and the Ethics Committee.
      • Level 2 : - A finding of violation with notice given to the Membership and the Ethics Committee.
      • Level 3 : - A finding of violation with a recommendation to the Ethics Committee to suspend the Member’s privileges from the Association and/or the Subscriber’s access to the NTTN/ATN for a specified length of time not to exceed 12 months.
      • Level 4 : - A finding of violation with a recommendation to the Ethics Committee for expulsion from the Association and/or removal from the NTTN/ATN.
  • Three Complaints Against a Company
    • In the event three complaints resulting in sanctions have been filed against a party within any 12-month period, the Chair and President of the Association shall review and, if appropriate, notify the Membership of the following:
        • The names of the parties to each complaint;
        • The date of filing of each complaint; and
        • The outcome of each complaint.
  • CONTACT:
    • Jerry Roberts-ASCDI Chairman Emeritus
    • Joseph Marion-President/Executive Director
    • ASCDI/NATD
    • www.natd.com
    • [email_address]
    • [email_address]
    • [email_address]