Reporting Alleged Violations Against RBTs

Notice of Alleged Violation Against an RBT Form

To submit a Notice, you must file within six months of when you became aware, or should have been aware, of the alleged violation(s). You must include documentation to support each allegation. Notices submitted without supporting documentation will not be processed. Appropriate documentation must be linked to each alleged RBT Code violation. Whether documentation is sufficient to process a Notice is at the discretion of the BACB. If documentation includes information about a service recipient, all identifying personal information must be removed (e.g., names, birth dates) from all documentation. Some examples of appropriate documentation include emails, reports, time-stamped screen captures, and links to web pages with the publicly available information. For alleged violations in which the evidence is indirect (e.g., verbal interaction that was not recorded), you must submit a Personal/Witness Statement Affidavit.

The BACB expects all Notifiers to exercise due diligence before reporting to the BACB. This includes reviewing the Application of the Code section of the Ethics Code for Behavior Analysts, state laws, and any other mandated reporting requirements. If the Subject of the Notice was reported to authorities, include all relevant information and a status update regarding that report.

I hereby attest that:

1. I am of legal age to sign this Notice.
2. I have direct knowledge of the alleged violation(s).
3. I agree to the terms and conditions stipulated in this Notice, and I affirm that I have only provided truthful and accurate information to the best of my knowledge.
4. I waive any right or claim I may have against the BACB for the processing of this Notice and/or the release of information related to this Notice, the Subject's response, or the BACB's determination.
5. If applicable, I consent to and agree to assist with the investigation, including, but not limited to, the submission of any and all information required by the BACB.
6. I agree that I will not engage in vexatious or harassing communications with BACB staff. I will immediately comply with any cease and desist notice issued by the BACB. I understand and agree that I am responsible for communicating with the BACB Ethics Department regarding this Notice; I will refrain from corresponding with other BACB personnel (e.g., other BACB departments, BACB leadership) until a final determination has been reached by the Ethics Department regarding this matter.
7. If I am not the recipient of services or a parent or legal guardian of the recipient of services, I have obtained permission to file this Notice from the recipient of services or parent or legal guardian of the recipient of services.
8. I understand that I may not appeal BACB determinations in which I am a Notifier. I understand that I will not be provided with a copy of the BACB’s case files, including, but not limited to, the Subject's response, related documentation, and records of Review Committee or Appeal Committee deliberations. I agree not to subpoena the BACB or name the BACB as a defendant in any litigation or third-party action.
9. I understand that the BACB may release this Notice and related documentation to the Subject of the Notice, including, but not limited to, my information as the Notifier. I understand that if I am submitting this Notice against an RBT, a copy of this Notice will be provided to the relevant supervisor and/or requirements coordinator.
10. I understand that the BACB may release this matter, including, but not limited to, my identity, the identities of the client and certificant, the Subject's response, and the Notice's outcome, if such information is required or requested by any state or government official or agency. The BACB may, in its sole discretion, comply with any governmental agency request for release of this Notice, the Subject's response, and determinations, if any, by the BACB at any time during or following the BACB's processing of this Notice.
11. I agree to participate in the investigation of the Notice, including, but not limited to, providing consent for the behavior analysts named herein and their agency, school or organization, to release the comprehensive case file (including client or student service records) as may be needed to defend against the allegations provided herein.