Ethics and Professional Responsibility
The Code of Ethics and Professional Conduct
National Ethics Council
The Rules of Procedure
NEC Decisions and Advisory Opinions
Guidelines for the Attribution of Credit
Frequently Asked Questions
Information and Resources
The Code of Ethics
and Professional Conduct
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The preamble to the AIA's Code of Ethics describes the principles
upon which the Code of Ethics is based and includes a brief summary
of the document. It provides that members of the American Institute
of Architects are dedicated to the highest standards of
professionalism, integrity, and competence. This Code states
guidelines for the conduct of members in fulfilling those
obligations. The Code is arranged in three tiers of statements:
Canons, Ethical Standards, and Rules of Conduct:
Canons are broad principles of conduct.
Ethical Standards (E.S.) are more specific goals toward which
members should aspire in professional performance and
behavior.
Rules of Conduct are mandatory; violation of a Rule is grounds for
disciplinary action by the Institute. Rules of Conduct, in some
instances, implement more than one Canon or Ethical Standard.
Commentary, which is meant to clarify or elaborate the intent of
the Rule, is provided for some of the Rules of Conduct. The Code
applies to the professional activities of all AIA members
regardless of their membership category and is enforced by the
National Ethics Council ("NEC" or "Council").
National Ethics
Council
The National Ethics Council enforces the Code of Ethics and
consists of seven members of the Institute who are appointed by the
AIA's Board of Directors. The NEC's decisions may be appealed to
the Institute's Executive Committee and, in cases where termination
is the recommended penalty, are automatically appealed to the AIA's
Board of Directors. In addition to enforcing the Code, the NEC also
proposes revisions to the Code of Ethics and to the NEC's Rules of
Procedure.
As part of its efforts to educate members about their obligations
under the Code of Ethics, as well as AIA component executives and
the general public about ethical issues that arise in the fields of
architecture and design, the NEC conducts educational programs on
ethics at the AIA's Convention, the AIA's annual Grassroots
conference for component executives, and at various other seminars
and programs hosted by AIA components.
The NEC meets three times a year usually in March, June, and
October. The current members are:
Janet Donelson, FAIA, 2008 Chair
Victoria Beach, AIA
A. James (Jim) Gersich, AIA
Phillip T. Markwood, FAIA
Melinda Pearson, AIA
Michael L. Prifti, FAIA
Kathryn T. Prigmore, FAIA
Bill D. Smith, FAIA
The
Rules of Procedure
[View the Rules of Procedure] (pdf/23pgs/379k)
The Rules of Procedure, which were established by the NEC under the
authority of Section 8.141 of the Institute's Bylaws, govern the
disposition of complaints filed with the NEC. They are divided
into 10 chapters, which include a detailed description of the
process for handling a complaint. The Rules of Procedure are meant
to provide for the fair and expeditious disposition of cases filed
with the NEC.
NEC Decisions
and Advisory Opinions
View the NEC's Decisions
View Advisory Opinions
The NEC makes redacted versions of its decisions, in which the
names of the parties have been removed, available to AIA Members
and to the general public. It likewise makes available copies of
its Advisory Opinions, which illustrate the meaning of the Code of
Ethics as it may apply to a particular factual situation.
Guidelines for
the Attribution of Credit
[View the Guidelines]
The giving and taking of credit in connection with work on a
project is an important issue facing AIA members and the National
Ethics Council. These Guidelines are for parties to use in
structuring how to give attribution of credit.
Frequently Asked
Questions About the Ethics Process
Can I file a Complaint against a non-AIA
member?
No. The Code of Ethics applies only to members of the
Institute.
Do you have to be an AIA member to file a
complaint?
No. A complaint may be filed by a member, an AIA
component, or anyone directly aggrieved by the conduct of a
member.
Is there a timeframe in which the complaint must be
filed?
Yes. The complaint must be filed within one year of the
alleged violation unless good cause for a delay beyond that period
is shown.
How do I initiate a complaint against an AIA member
under the Code of Ethics?
To initiate a complaint, the complaining party (the
"Complainant") must prepare and submit a complaint in the format of
Appendix B of the Rules of Procedure. Four copies of the complaint
must be filed with the NEC addressed to:
Chair, National Ethics Council
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006
How long does it normally take for a case to be
processed?
The Rules of Procedure provide for a process that is
designed to be fair to both parties. Therefore, depending on the
level of complexity of the issues raised by the complaint, the
process could take more than a year from the time the complaint is
filed until a final decision is issued by the NEC.
Does every complaint become a case?
No. The Chair reviews each properly formatted complaint to
determine whether it will be dismissed or considered. If accepted
for consideration, the Chair may elect to defer the usual
processing of a complaint, where a legal or administrative
proceeding is in process that concerns the essence of the
complaint.
Does the full Council hear a complaint?
No. Initially, the Chair of the NEC designates a member of
the NEC as the Hearing Officer in the case. The Hearing Officer
conducts the hearing and prepares a Report and Recommendation to
the NEC, which states whether he or she believes the member has
violated the Code. If a violation is found, the Hearing Officer
recommends a penalty.
Does the full Council decide the case?
No. After presenting his or her report and recommendation
to the rest of the Council, the Hearing Officer is excused from the
meeting room. The rest of the Council, each of whom has received
and read the case file in its entirety, including the transcript of
the Hearing, then discuss the case and determine whether a
violation of the Code has been proven to have occurred, and, if so,
the penalty appropriate to the violation found.
What kinds of penalties may the NEC impose if an AIA
member is found in violation of the Code?
The NEC may impose four penalties:
(a) Admonition
(b) Censure
(c) Suspension of membership for a specific period of time
(d) Termination of membership
In all cases, except those where the penalty is admonition, when an
accused member has been found in violation of the Code of Ethics by
final action of the NEC, the Executive Committee, or the Board, a
notice of discipline is published in a periodical publication of
the Institute which is distributed to AIA members.
Can I get a list of AIA members who have been found in
violation of the Code of Ethics?
No. Under the Rules of Procedure, all matters before the
NEC are confidential. The only time the names of the parties are
published is when a member has been found in violation of the Code
of Ethics and the penalty imposed is censure, suspension, or
termination. In that event, a report of the case appears in a
publication which is distributed to AIA members but may be
available elsewhere.
Are there terms used in the Code of Ethics that have
a specific meaning?
Yes. The following terms are referred to in Rules 2.104 and 4.103
and have a specific
meaning as noted below:
What is fraud?
In a previous NEC Decision, the Council, relying on a definition in
Blacks Law Dictionary, defined fraud as requiring
a false representation of fact, either by positive act or a
concealment, involving something which should be disclosed, which
deceives and is intended to deceive another so that he or she will
act upon it to his or her injury. (See Blacks Law Dictionary
at 594-95 (5th ed. 1979)).
What is a statement of material
fact?
A statement of material fact is one which is essential to a
consequence or outcome that impacts one of the parties to the
complaint.
What is meant by wanton
disregard?
In previous NEC Decisions, the Council has addressed the concept of
wanton disregard and noted that in the law it is
considered to be something more than simple negligence, but
something less than intentionally damaging action. In other
words, it is action taken in disregard of a high degree of danger
that is apparent or would be apparent to a reasonable person. (See
NEC Decisions 90-4 and 93-4.)
What is meant by
confidential?
As used in Rule 5.303 of the AIAs Code of Ethics, the term
confidential describes documents and information that
the members firm either:
(a) has a legal duty not to disclose or provide to other persons (a
legal duty might be created by a contract with a client) or
(b) has a legal right (other than the mere right of ownership) to
withhold from disclosing or providing to other persons.
A legal right might be created in an employment contract between
the Members firm and the employee or might arise from the
fact that the documents or information contain trade secrets, as
that term is generally understood in the law.
Information and
Resources
To request hard copies of the Code of Ethics, the Rules of
Procedure, and the NEC's Decisions and Advisory Opinions, please
contact the Office of the General Counsel, 202- 626-7311. For
general questions regarding the process for filing a complaint,
contact the AIA's Associate General Counsel at ghancks@aia.org or 202-626-7593.
Complaints filed with the NEC should be submitted to:
Chair, National Ethics Council
The American Institute of Architects
1735 New York Avenue, NW
Washington, DC 20006





