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Procedures for Implementation of the Code

Introduction

Membership in the AJJF obligates each member to agree to abide by the Code of Ethics, and accept the procedures for its implementation. Because all of the provisions of the Code are not applicable to every member or not applicable to every member with equal force, the Code of Ethics shall be applied in the disciplinary context within which the problem is presented.

Rule A - Complaint

A-1. WHO MAY FILE A COMPLAINT. A Complainant or the Board may file a complaint alleging a violation of this Code.

A-2. FORM. A complaint shall be in writing and signed by the Complainant or by a duly authorized member of the Board. The Board shall not act on anonymous complaints, however, the Board may act on any and all information it receives whether anonymous or otherwise. Further, the Board may execute a complaint based on information received from a nonmember.

A-3. CONTENTS. The complaint shall be in such detail as to substantially apprise any party of the time, date, location and facts with respect to the alleged violation and shall contain the following:

1. name and address of Complainant or statement that complaint is filed by Board on behalf of the AJJF;

2. name and address of Respondent;

3. statement of facts of alleged violation, including date, time and place thereof, and supported by such relevant documentation as may be available to the Complainant;

4. statement that informal efforts to resolve this matter have been made or that this matter is not amenable to informal resolution;

5. statement describing any other action instituted by or on behalf of Complainant in any other forum, based on the incidents alleged in the complaint.

A-4. SERVICE. The complaint shall be addressed to the Direct - or of Internal Relations and Complainant shall provide four (4) copies plus the original Complaint for filing. If the Complaint is hand-delivered, it shall be sealed and directed to the Director of Internal Relations. As soon as practicable after receipt of such complaint, the Director shall examine the documents and shall forward the same to a member of the Board who is not a subject of the Complaint.

A-5. AMENDMENT. A complaint or any part thereof may be amended by the Complainant to cure defects or omissions or to clarify or amplify allegations made therein or to set forth additional f acts or allegations related to the subject matter of the original complaint.

A-6. SUBSTITUTION OR ADDITION OF RESPONDENT. A complaint may be amended by Complainant to substitute or name addition all parties respondent if related to the subject matter of the original complaint. Misnomer of a party may be cured at any time. Where a party respondent dies during the pendency of the proceedings, the complaint shall be dismissed as to that party.

A-7. WITHDRAWAL OF COMPLAINT. A complaint or any part thereof may be withdrawn by the Complainant at any time. A Complainant's request to withdraw must be in writing and under oath, or witnessed by a notary public. The Ethics Panel shall approve the request if it is knowingly and voluntarily made and shall promptly so notify all parties and the Director in writing.

Rule B - Response

B-1. THE RESPONSE. Within twenty-one (21) days of receipt of the complaint from the Panel, Respondent shall prepare and transmit to the Panel his/her response thereto. Respondent shall provide an original and four (4) copies of the response to the Panel. The Panel shall transmit a copy of the response to the Complainant.

B-2. FORM. A response shall be in writing, dated and signed by the Respondent.

B-3. CONTENTS. The response shall fully and in detail answer the allegations set forth in the complaint, and shall further include any affirmative matter relevant to determine the sufficiency of the complaint.

B-4. AMENDMENT. A response or any part thereof may be amended by the Respondent to cure defects or omissions or to clarify or amplify the response or to add affirmative matter relevant to the subject matter of the complaint.

B-5. FAILURE TO RESPOND TO COMPLAINT. Where Respondent fails to respond to the allegations in the complaint within the time limits set forth and no extension of time has been granted, the Panel may consider the issues raised by the complaint and may issue its findings and recommendations thereon.

B-6. EXTENSION OF TIME. For good cause shown the Panel may, upon written request of Respondent, extend for a period not to- exceed thirty (30) days the time in which the response may be submitted.

Rule C - Procedure

C-1. ETHICS PANEL. The Board of Professors shall appoint a three (3) member Panel to investigate the allegations of a complaint. All Panel members must hold the rank of black belt of the organization. No Panel member may serve if such member is the subject of a pending investigation. No member may serve on a Pane I if such service would cause a real or apparent conflict of interest in such member. The Panel shall include at least one member from outside the region of either Complainant or Respondent and two members from the local area(s) involved. Additional rules concerning the composition, function or operation of the Panel shall be by adopted resolution of the Board.

C-2. INITIAL DETERMINATION. The Panel shall initially determine whether the complaint alleges facts which, if true, would constitute a violation of the Code. If the determination is that no violation is alleged or that the complaint is misdirected, frivolous, trivial or defective, it shall close its inquiry and so notify the Complainant and the Director of internal relations in writing if the Panel determines that the complaint alleges facts which, if true, would constitute a violation, it shall issue a copy of the complaint to Respondent and shall commence investigation as soon as practicable.

C-3. INVESTIGATION OF COMPLAINT. The Panel may consider any relevant information it receives in addition to the complaint and response and may request witnesses to appear or to submit a written statement as an aid to its investigation. The Panel may dismiss any complaint on the basis of informal resolution. The Panel may also dismiss on the basis of failure by Complainant to pursue the complaint.

C-4. HEARING. As an aid to investigation, the Panel may, if needed, schedule a hearing at which at least two members of the Panel must be present. The Panel member from outside the region of Complainant or Respondent may, but need not, at tend this hearing. The Panel shall serve a Notice of Hearing on Complainant and Respondent which shall set-the date, time and location of the hearing which shall be reasonably convenient to all parties. The Complainant and Respondent shall be requested to appear and present testimony and evidence on his/her behalf at this hearing. Either Complainant or Respondent may also request a hearing within 15 days after the due date of Respondent's Response.

If desired at the hearing, each party may be represented by counsel or a member of the organization, including but not limited to a member of the Board. Continuances may be granted by the Panel for good cause shown. The Notice of Hearing shall provide that if Complainant fails to appear at the hearing, the Panel may dismiss the Complaint. If Respondent fails to appear at the hearing, the Panel may consider the allegations based on Complainant's testimony and documents previously submitted.

C-5. FINDINGS. As soon as practicable, but not to exceed 30 days after completion of the investigation, the Panel shall prepare and submit a signed report in writing of its findings and recommendations ( including any dissent thereto) to the Director of Internal Relations and shall send a copy of such report to the Respondent and Complainant. The entire file shall be transmitted to the Director who shall make it available for the Board's use.

C-6. RESPONSE TO FINDINGS. The Respondent may choose to respond to the findings and recommendations of the Pane I. If so, s/he must submit a response to the Director within 15 days of the date of the Panel's recommendations. Respondent may also include a

request to appear before the Board.

C-7. DISCIPLINARY SANCTIONS. The Panel shall have no power to impose sanctions. The Board is self-policing and may impose discipline on an individual to protect the members and the reputation of the AJJF. Discipline may be imposed in addition to any civil or criminal sanctions for misconduct.

The Panel's recommendations to the Board may include:

1. That the charges be dropped as unfounded, unproved or frivolous;

2. Order to cease and desist conduct or practice and/or Admonishment against repetition of the conduct charged;

3. Reprimand (private);

4. Censure (public);

5. Suspension of membership or membership privileges for a specified period of time;

6. Dismissal from membership with leave to reapply upon changed circumstances;

7. Expulsion - permanent termination of membership status and/or revocation of rank recognition by the organization.

c-8. DISPOSITION. Within thirty (30) days of the date of findings and recommendations by the Panel, the Board shall convene by mail, telephone or in person to review the findings of the Panel and to determine whether to accept the recommendations of the Panel.

In the event the Board imposes the sanction of (f) or (g) above, the Respondent shall surrender to the Board his/her school and/or individual membership certificate. In the event the expelled member fails to comply with this requirement, the matter may be referred to legal counsel for further action.

For good cause shown and upon approval by the Board,

Respondent may appear at a regular or special meeting and present oral argument on his/her behalf. Respondent may request representation by counsel or by a member of the organization, including but not limited to a Board member, at this meeting.

Upon Board action, the Complainant and Respondent shall be notified as to resolution and rationale therefor.

C-9. AGGRAVATING OR MITIGATING CIRCUMSTANCES. The sanctions should be tailored to fit the offense. Factors affecting the severity of sanctions imposed may include:

1. Previous record of discipline or good conduct;

2. Reparation to injured party;

3. Respondent's personal problems;

4. Motive and intent;

5. Degree of rehabilitation;

6. Present moral character.

C-IO. CONFIDENTIALITY. At all stages of the proceedings - before any disciplinary body, the matters are confidential. The Board will determine in all instances whether sanctions imposed shall be confidential.

Rule D - Time Limits, Miscellaneous.

D-1. LIMITATIONS. No complaint shall be delivered, mailed or otherwise transmitted more than 180 days after the alleged violation occurred.

D-2. SEVERABILITY. In the event that any provision or term of this Code or amendment thereto is determined by a court or other competent authority to be invalid, such determination shall not affect the remaining provisions of the Code which shall continue in full force and effect.

D-3. LAW GOVERNING. For purposes of this Code the law of the State of California shall govern. However, a person need not be a resident or domiciliary of California to be a party.

D-4. COMPUTATION OF TIME. The time for service or notice shall run to and include the deadline date. Service or notice by mail shall be presumed completed five (5) days after mailing.

D-5. SERVICE. Service of Complaint, Response, Recommendations and Disposition pursuant to the Code shall be transmitted by personal delivery or certified or registered mail, return receipt requested. All other documents may be transmitted by personal delivery or regular mail, proper postage prepaid.

D-6. EFFECTIVE DATE. The provisions in this Code date of adoption by the Board and shall or after the effective date of adoption by the Board and shall apply to cases arising on or after the effective date of adoption.

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