MEMBERSHIP

With each IGP Application the Applicant agrees to comply with the IGP Code of Ethics and Professional Conduct.

IGP acknowledges the Code of Ethics and Professional Conduct developed by The Royal Institution of Chartered Surveyors (2007) and the American Institute of Architects (2008) in the development of the IGP Code of Ethics and Professional Conduct. These organizations promulgate the highest levels of professionalism and ethical standards.

The IGP Code of Ethics and Professional Conduct are a clear and simple set of principles-based rules that apply to all members wherever they operate in the world and whatever their sphere of activity.

These Code of Ethics and Professional Conduct set out the standards of professional conduct and practice expected of Members of IGP.

These Code of Ethics and Professional Conduct do not supersede the standards of professional conduct and practice of our Members other professional organizations or regulation such as the American Institute of Architects, American Society of Landscape Architects, Appraisal Institute, State Bars, American Institute of Certified Public Accountants, Royal Institution of Chartered Surveyors, Uniform Standards of Professional Appraisal Practice and State professional licensing.

The IGP Code of Ethics and Professional Conduct do not repeat obligations placed on Members by the law.

Members should be guided by the spirit or common intention of the IGP Code of Ethics and Professional Conduct Rule(s) rather than its literal interpretation.

In the Code of Ethics and Professional Conduct “Member” means Associates, Members, and Fellows.

Rule 1.1

Members shall be environmentally responsible and advocate sustainable design, construction, and operation of sustainable buildings. This Rule includes member efforts to use sustainable practices within their firms and encouraging clients to be similarly aware and responsible.

Rule 2.1

Members shall carry out their professional work with a consistent pattern of reasonable care, timeliness, and competence and shall apply the appropriate level of skill, technical standards and diligence which is ordinarily applied by similarly qualified professionals.

Rule 3.1

Members shall be candid, truthful and trustworthy and never mislead or distort information.

Rule 3.2

Members shall undertake to perform professional services only when they, together with their associates/consultants, are qualified by education, training, or experience in the relevant technical areas.

Rule 4.1

Members shall act with integrity and avoid any potential personal or professional conflicts of interest and fully disclose all unavoidable conflicts as they arise.

Rule 5.1

Members should exercise unprejudiced and unbiased judgment in the conduct of their professional practice.

Rule 6.1

Members shall not knowingly violate the law in the conduct of their professional practice.

Rule 7.1

Members shall set a good example in their public and private behavior so as to enhance the reputation of IGP and its Members.

Rule 8.1

Members shall not discriminate in their professional activities on the basis of visible genetic element, religion, gender, national origin, age, disability, or sexual orientation.

Rule 9.1

Members shall respect the confidentiality of client’s information, except as allowed or required by this Code or applicable law.

Rule 10.1

Members will submit any information, and in such form, and co-operate with IGP as may reasonably be required by IGP.

Continuing Education

IGP has no mandatory continuing education requirements. However, it has the potential to become a violation of the Code of Ethics and Professional Conduct if the Member does not adequately maintain and improve their professional knowledge, skill and competence consistent with what is ordinarily applicable for similarly qualified professionals.

Code of Ethics and Professional Conduct applies to the activities of all Members of IGP.

The Bylaws of the Institute state procedures for the enforcement of the Code of Ethics and Professional Conduct. In summary, the procedures provide that:

1. Enforcement of the Code is administered through an Ethics Committee, appointed by the IGP Board of Directors.
2.  A statement is filed online with the Ethics Committee.  Click here for the IGP Member Complaint Form.
3. Penalties that may be imposed by the Ethics Committee are:
   

   a)      Admonition
   b)      Censure
   c)      Suspension for a specified term
   d)     Termination of membership

4. Appeal procedures are available.
5. All proceedings are confidential, as is the imposition of an admonishment. All other penalties shall be made public via the IGP Web site.
6. All costs (e.g., legal/advisors) of the Complainant and the Respondent are to be born individually by these parties.
    

 Refer to the Ethics Committee Rules of Procedure for rules that govern the complaints filed and processing of a case.
 

The Code of Ethics and Professional Conduct may be amended by the IGP Board of Directors upon a two-thirds vote of the entire Board.
 

The Complaint Rules of Procedure may be amended by the IGP Board of Directors upon a two-thirds vote of the entire Board.
 

These Complaint Rules of Procedure (“Rules”) were established under the authority of the Bylaws of the Institute of Green Professionals. These Rules are intended to provide for the fair and expeditious disposition of allegations that an IGP Member violated the IGP Code of Ethics and Professional Conduct. The Rules shall be interpreted to ensure that the Member who has allegedly violated the IGP Code of Ethics and Professional Conduct is afforded the rights due to them and that the interests of justice and IGP are kept in consonance.

IGP recognizes the important work of The American Institute of Architects in their National Ethics Council Rules of Procedure (January, 2008) in the development of the IGP Complaint Rules of Procedure. Their Rules of procedure have been developed over AIAs 150 years of history and are considered to represent an exemplary model of well-tested fairness to all parties in a membership organization with the highest levels of professionalism and ethical standards.

IGP recommends that parties attempt to resolve disputes through voluntary reasoned discussion rather than pursuing a formal complaint.

At the end of this section on Complaint Rules of Procedure is a Form for Submission of an IGP Member Complaint and Form for Submission of a Response to an IGP Member Complaint.

The Complaint Rules of Procedure are subject to periodic amendment by the IGP Board of Directors. The revision date of the current Complaint Rules of Procedure is June 4th, 2008.
 

Summary of Complaint Process

The IGP complaint process is summarized as follows:

1. A Complaint against a Member is received by IGP in an approved format.
2. The Member is informed and provides a response in an approved format.
3. The Chair of the Ethics Committee reviews the complaint and materials provided and will decide to dismiss, defer or forward the case to the Ethics Committee for formal investigation.
4. The Ethics Committee has a pre-hearing conference call with all parties to determine whether the parties are able to resolve the dispute through voluntary reasoned discussion. This may result in the case being closed or in proceeding to a formal hearing.
5. A hearing is before the IGP Disciplinary Committee at which time verbal and/or written evidence is submitted by the parties. The Disciplinary Committee prepares a written report finding dismissal or violation.
6. A Member found in violation with a Disciplinary Committee penalty of admonishment, censure or suspension has appeal rights.
7. A Member found is violation with a Disciplinary Committee penalty of termination is automatically reviewed by the IGP Board of Directors.
8. Complainants have appeal rights.
9. After all appeal rights have been exhausted, and unless only an admonishment is applied, IGP will publish, in whatever format it chooses, the decisions of the IGP Board of Directors.
    

 1.1    Disciplinary investigations and proceedings brought under the Rules shall be conducted in accord with obligations imposed on the IGP member by the IGP Code of Ethics and Professional Conduct. 

 2.1      An individual or entity in possession of non-confidential knowledge or information concerning possible instances of IGP Member conduct shall make a confidential written report (the “Complainant”) to the Committee that shall include all details of the alleged violation of the IGP Code of Ethics and Professional Conduct. The only acceptable form of complaint is the Form for Submission of an IGP Member Complaint and must be submitted together with a Complainant Release and Waiver.

2.2     Complaint may be filed by an IGP Member or member of the public.

2.3     A Complaint must allege violation of one or more of the Rules of the IGP Code of Ethics and Professional Conduct.

2.4    IGP staff and President so notified shall inform the Responding party (the “Respondent”) of the allegation(s) of misconduct no later than ten (10) business days after receiving the confidential written allegations from the Charging Party.

2.5    Notification to the Responding Party shall include the identity of the Charging Party, unless, for good cause shown, the Charging Party request anonymity.

2.6    The Respondent shall reply to the allegation in writing to the Committee within twenty (20) business days of notification. The only acceptable form of a response is the Form for Submission of a Response to an IGP Member Complaint and must be submitted together with a Respondent Release and Waiver.
 

3.1    The Ethics Committee Chair shall be the current or past President of IGP or a member selected by the President.

3.2     The Ethics Committee shall be made up of three (3) Members including the Chair.

3.3    Disciplinary Committee shall be made up of three (3) Members including the Chair of the Ethics Committee.

3.4    Each Member of the Ethics and Disciplinary Committee shall have demonstrated working knowledge of the IGP ethics/professional responsibility related issues and activities.

3.5     These Committees shall represent a cross-section of practice areas and work experience and at least one (1) Member shall have work-related experience in the same area as the Responding Party (defined as the IGP member against whom a Charge of Misconduct has been submitted).

3.6    The Chair shall be the current President of IGP or an individual appointed by the current President of IGP.

3.7    These Committee Members shall be appointed on an as-needed basis by the President of IGP. 

4.1    The Chair of the Ethics Committee shall process the Complaint and the Respondent’s response to the complaint. 

4.2    If the IGP Member is also a designated member of any of the “relevant” professional designations that would qualify the member for FIGP membership, and the IGP member is being investigated for any violations of that designating/membership body, then IGP will not pursue investigation until after the Respondent has completed the investigative/violation process with the other designating/membership body. In this case the Ethics Committee Chair will defer the proceedings but will not publicly disclose the reason for this decision.

4.3    The Complainant has the burden of proving the facts upon which a violation may be found.

4.4    The Complaint must be filed within one year of the alleged violation unless good cause for delay is shown.

4.5    The Complainant and Respondent shall not publicly disclose or discuss the Complaint, the parties involved, and the issues under consideration. The Complainant and Respondent my contact persons with knowledge of the matter, who are potential witnesses, or who might otherwise have information relevant to the allegations in the complaint.

4.6    The Ethics Chair, upon preliminary review, may:

a) dismiss the Charge upon the finding that it has no basis in fact;

b) dismiss the allegations if it is determined that there was not good cause for the Complainant  to have filed the complaint more than one year after the alleged violation occurred;

c) defer the proceedings because of pending professional, litigation or administrative proceedings involving the Respondent;

d) dismiss the Charge upon the finding that, if proven, the Charge would not constitute Misconduct (defined as the knowing or unknowing commission of an act that is in direct violation of the IGP Code of Ethics and Professional Conduct);

e) refer the matter to the Ethics Committee; or

f) in the case of criminal activity, refer the issue and all information to the appropriate authority. If such determination of dismissal or deferral cannot be made, the Chair refers the matter to the Ethics Committee. 

5.1    The Ethics Committee shall meet (by any method acceptable to the Committee members such as in-person, teleconference) on an as-needed basis to discuss, investigate, and/or adjudicate alleged violations of the IGP Code of Ethics and Professional Conduct.

5.2    Meeting shall constitute a quorum.

5.3    All discussions/analysis shall be kept confidential until a decision has been made that the matter will be set for a formal hearing.

5.4    The Complainant has the burden of proving the facts upon which a violation may be found.

5.5    If any Member of the Ethics Committee has a conflict of interest with the Charging Party (defined as the individual or entity who submits a Charge of Misconduct against an IGP member) that Member shall not take part in any hearing or deliberations concerning those allegations and the President of IGP shall appoint a replacement. A Charge of Misconduct is defined as a written submission by an individual or entity to IGP that sets forth non-confidential information regarding an instance of alleged violation of the IGP Code of Ethics and Professional Conduct.

5.6    Either the Charging Party or the Responding Party may request that, for good cause shown, any Member of the Ethics Committee not participate in deliberation. All such requests shall be honored and the President of IGP shall appoint a replacement.

5.7    All correspondence from the Ethics Committee to the Responding party regarding any charge of misconduct and any decisions made regarding the charge shall be mailed certified mail, return receipt requested, to the Responding Party’s last known address and shall be clearly marked with a “Confidential” designation.

5.8    Direct contact with the Ethics Committee Members is not permitted unless both parties participate and the Ethics Committee gives prior written approval.

5.9    The Ethics Committee will conduct a pre formal hearing conference call with all parties to assist all parties in resolving the dispute through voluntary reasoned discussion. The result of this conference call may be closure of the case or proceeding to a formal hearing. The parties may be accompanied by counsel or advisors of their choosing.  The conference call is closed to all but the parties, their counsel or advisors, and such persons as the Ethics Committe may allow in the interest of fairness to the parties or in the interest of IGP.

5.10    In the event that the dispute is not resolved between the parties and to the satisfaction of the Ethics Committee, there will be an exchange of the following information between the parties no less than sixty (60) days before the Formal Hearing of the Disciplinary Committee:

5.10.1    Any amendments to the Complaint, Response, correspondence, evidence or any other materials, which the Ethics Committee may allow so long as the other party is not prejudiced;

5.10.2    A list of witnesses the parties may call at the Formal Hearing, together with a summary stating the substance of each witnesses’ testimony. This list cannot be amended and any witness omitted from this list for whatever reason or for whom no summary is provided, will not be allowed to testify at the Formal Hearing;

5.10.3    A list of all documents or other tangible evidence to be introduced at the Formal Hearing. Any tangible evidence omitted from this list for whatever reason will not be allowed to be introduced at the Formal Hearing;

5.10.4    Any agreements as to the facts or issues entered into by the parties. The parties must make a good faith effort to agree on those facts and issues not in dispute between them;

5.10.5    An estimate of the length of time it will take to present testimony and evidence.

5.11    The Ethics Committee can, at any time in its process, decide to dismiss the complaint. 

6.1    The Disciplinary Committee shall meet on an as-needed basis to discuss and to adjudicate alleged violations of the IGP Code of Ethics and Professional Conduct.

6.2    A majority of the Members of the Disciplinary Committee present at a meeting shall constitute a quorum.

6.3    A Recording Secretary shall maintain complete and accurate minutes of the Disciplinary Committee Formal Hearing. All such minutes shall be kept confidential until a decision has been made.

6.4    The Complainant has the burden of proving the facts upon which a violation may be found.

6.5    The rules of evidence as they apply in judicial proceedings do not apply to a hearing under these Rules. Generally, the Committees will accept all evidence that bears on the truth or falsity of a charge and give such evidence the weight it deserves. Each party shall be afforded the opportunity to question witnesses presented by the opposing party.

6.6    If any member of the Disciplinary Committee has a conflict of interest with the Charging Party (defined as the individual or entity who submits a Charge of Misconduct against an IGP Member) that Member shall not take part in any hearing or deliberations concerning those allegations and the President of IGP shall appoint a replacement.

6.7    Either the Charging Party or the Responding Party may request that, for good cause shown, any Member of the Disciplinary Committee not participate in the Formal Hearing. All such requests shall be honored and the President of IGP shall appoint a replacement.

6.8    All discussions and correspondence of the Disciplinary Committee shall be kept confidential until a decision has been made 

6.9    All correspondence from the Disciplinary Committee to the Responding party regarding any charge of misconduct and any decisions made regarding the charge shall be mailed certified mail, return receipt requested, to the Responding Party’s last known address and shall be clearly marked with a “Confidential” designation.

6.10    Direct contact with the Disciplinary Committee members is not permitted unless both parties participate and the Disciplinary Committee gives prior written approval.

6.11    The Disciplinary Committee, in consultation with the Complainant and the Respondent, sets a date and place for a hearing at a location convenient to the parties. Alternately, a video tele-conference is acceptable for a Formal Hearing.

6.12    The Disciplinary Committee has full authority to issue instructions and make decisions for the fair and orderly presentation of evidence and conduct of the Formal Hearing.

6.13    The parties may be accompanied by counsel or advisors of their choosing. The Disciplinary Committee will allow any person so designated by Complainant or Respondent to participate in the proceedings, and his or her representations are taken as representations of the party.

6.14    The Disciplinary Committee may dismiss the complaint without further proceedings or the right of appeal by the Complainant if the Complainant or their counsel or advisors act in a manner that, in the Committee’s sole discretion, is calculated to thwart the proceedings.

6.15    A court reporter will attend the Formal Hearing. Any party desiring a copy of the hearing transcript must obtain it directly from the court reporter at their cost.

6.16    The Disciplinary Committee may, at any time after being appointed to the case, dismiss a complaint and:

6.16.1    Make a determination that the charges are without basis in fact or, if proven, would not constitute a violation of the IGP Code of Ethics and Professional Conduct;

6.16.2    Find that there was no good cause for the Complainant to have filed the complaint more than one year after the alleged violation occurred;

6.16.3    Find that the Complainant and/or Respondent or their counsel of advisors has breached the confidentiality requirement of Section 4.5.

6.17    The Disciplinary Committee will provide a written report to the President of IGP, who promptly provides it to all parties, in which it may: 

1. dismiss the Charge upon the finding that it has no basis in fact;

2. dismiss the allegations if it is determined that there was not good cause for the Complainant to have filed the complaint more than one year after the alleged violation occurred; 

3. defer the proceedings because of pending professional, litigation or administrative proceedings involving the Respondent; 

4. dismiss the Charge upon the finding that, if proven, the allegation would not constitute Misconduct (defined as the knowing or unknowing commission of an act that is in direct violation of the IGP Code of Ethics and Professional Conduct);

5. in the case of criminal activity, refer the issue and all information to the appropriate authority. If such determination of dismissal, deferral or criminal referral cannot be made, the Disciplinary Committee will recommend:

a) admonishment;
b) censure;
c) suspension for a period of time; or termination of membership.

6.18    In the event that the Ethics Committee Members are evenly divided on the question of whether there is a violation of the Rules occurred, the conclusion stated in the report governs.

6.19    In the event that the Ethics Committee Members are evenly divided on the appropriate penalty, the penalty cited in the report conclusion governs.

6.20    Any determination imposing termination of membership is automatically referred to the IGP Board of Directors for review and approval before becoming final.

7.1    The Complainant shall have the right to appeal the dismissal of a complaint by the Chair of the Ethics Committee, the Ethics Committee and the Disciplinary Committee. No other actions or decisions are subject to appeal by the Complainant.

7.2    As permitted in Section 7.1 a Complainant may appeal by filing a Notice of Appeal within ten (10) days of receiving notification of the action appealed from. The Notice of Appeal is sent to EthicsCommittee@instituteofgreenprofessionals.org and must:

1. not exceed five pages in length;
2. must address the reasons for the action appealed;
3. must not contain new information that was not presented to the Chair of Ethics Committee and/or the Ethics Committee, and/or the Disciplinary Committee at the time the decision was made from which the appeal is taken.

7.3    Respondents found in violation of the IGP Code of Ethics and Professional Conduct may appeal the decision of the Disciplinary Committee. All other actions by the Chair of the Ethics Committee and the Ethics Committee affecting the Respondent are subject to review only in connection with consideration of the case by the IGP Board of Directors. There is no other Respondent’s right or opportunity to appeal any decision or ruling of the Chair of the Ethics Committee, the Ethics Committee or the Board of Directors.

7.4    The procedures for consideration of a Respondent’s appeal of the Disciplinary Committee’s finding of a violation are:

7.4.1    The Respondent may appeal by filing a Notice of Appeal within thirty (30) days of receiving notification of the action appealed. The Notice of Appeal is sent to EthicsCommittee@instituteofgreenprofessionals.org and must:

1. not exceed five pages in length;
2. must address the reasons for the action appealed;
3. must not contain new information that was not presented to the Chair of Ethics Committee and/or the Ethics Committee, and/or the Disciplinary Committee at the time the decision was made from which the appeal is taken.

7.4.2    A decision by a Respondent to terminate his/her Membership will not be considered by the Board of Directors as an appeal and will be processed with IGP’s publication, in whatever format it chooses, the decision of the Disciplinary Committee, or in the event of the Disciplinary Committee’s recommendation of termination, the decision of the IGP Board of Directors.

7.4.3    The Board of Directors shall, at its earliest convenience, consider any Appeal.

7.4.4    The Board of Directors shall, at its sole discretion, afford the parties an opportunity to appear if in its judgment the interest of fairness/justice require.

7.4.5    Either party may challenge the participation of any Board member on the basis of bias, prejudice, or conflict of interest. Prior to the Board’s consideration of the Appeal, the President of IGP will rule on all such challenges.

7.4.6    The Board of Directors may take one of the following actions:

7.4.6.1    Approve the decision of the Disciplinary Committee;

7.4.6.2    Approve the decision of the Disciplinary Committee, but reduce the penalty;

7.4.6.3    Dismiss the Complaint on the basis that the decision of the Disciplinary Committee is unsupported by the evidence in the record.

7.5    The decisions of the Board of Directors on Appeal in all matters shall be final. No further appeal is allowed.

7.6    The Board of Directors shall report its decision to the parties, and the President of IGP shall be charged with putting the Board’s Decision into effect.