DISCIPLINARY REVIEW & APPEAL PROCESS

Purpose

The Disciplinary Review Committee (DRC) and Disciplinary Appeal Committee (DAC) use a legal process customary to credentialing bodies. The process includes notice, an opportunity to respond, committee review, and an opportunity to appeal if sanctions are rendered. A DRC determination could include sanctions to the credential status, such as revocation or suspension of the credential.

The BACB cannot provide legal advice under any circumstances. There are a number of resources available for anyone seeking guidance related to ethics on our ethics resources page.

Overview of Process

Qualifying for Disciplinary Review

When a Notice of Alleged Violation (Notice) of the Professional and Ethical Compliance Code for Behavior Analysts (Compliance Code) is submitted, the BACB evaluates the Notice to ensure it:

  • Was submitted within six (6) months of the alleged violation (BACB staff have the discretion to extend the deadline if doing so would not impede the ability of the subject of the notice to respond),
  • Could be a violation of the Professional and Ethical Compliance Code for Behavior Analysts, and
  • Has sufficient evidence to support the violation(s).

If the Notice does not meet these criteria (or is otherwise not actionable as determined by the BACB), then no action will be taken and the person filing the Notice will be informed.

If the Notice does meet the above criteria, the certificant or candidate will receive a copy of the Notice typically within 30 days of the BACB receiving the Notice. The certificant or candidate will have the opportunity to send a written response to the Notice within 15 days of receiving the Notice. The case documents are then sent to the DRC.

Please note, if a complaint has been submitted to another agency (e.g., a governmental agency, third-party payor), the BACB may (but is not required to) postpone processing of the Notice until the final determinations have been issued. Additional information may be found on the Third Party Determinations webpage.

Disciplinary & Appeals Procedures

The Code-Enforcement Procedures document contains additional details related to the disciplinary and appeals processes.

The Guidelines for Submitting an Appeal document provides some support for those who wish to submit an appeal.

Timeline for Disciplinary Process

Due to the nature of the review and the potential for sanctions, DRC matters typically take between four months and one year to resolve. The timeline is increased in cases involving legal representation of the certificant or candidate, third party determinations, evidence and disclosure issues, appeals, and translation.