American Council of the Blind
Policy on Prohibited Conduct and
Applicable Complaint Investigation Procedures
Revised xx/xx/2025
Policy on Prohibited Conduct
The American Council of the Blind (hereinafter ACB) is committed to maintaining the integrity of
its events and online forums by creating a welcoming, professional, safe, and respectful environment for all who attend or participate. The term "events" shall include conferences, meetings, functions, or any other gatherings sponsored or convened by ACB whether
in person, via means of electronic communication, or hybrid. The term "online forums" shall include email lists, text-based chat groups, and similar online settings or environments.
All participants at ACB events are required to adhere to this Policy on Prohibited conduct as adopted by the ACB Board of Directors. This policy defines prohibited conduct as including,
but not limited to:
Unwelcome verbal, visual, or physical conduct on the basis of race, color, sex, religion, age, national origin, disability, genetic information, gender identification, sexual orientation,
or any other characteristic protected by applicable law; or verbal and/or physical conduct perceived as threatening; stalking, bullying, violence, intimidation or excessive use of profanity.
Any person who believes that he or she has experienced behavior prohibited by this policy may report the conduct in accordance with the Prohibited Conduct Complaint Investigation Procedures.
Any third party who believes he or she has witnessed prohibited behavior or activity toward another person is strongly encouraged to first speak with the alleged victim.
Upon receipt of an allegation reported under this policy, ACB will offer opportunities for the parties to engage in informal conflict resolution, may conduct a formal investigation,
and will thereafter determine what, if any, action will be taken based on the circumstances. Such action may include banning the individual from the event where the conduct is determined to have occurred, and any future events.
The ACB President shall appoint a seven-member Prohibited Conduct Complaint Investigation Panel (the Investigation Panel), and two conflict resolution teams who will conduct activities
described in the Prohibited Conduct Complaint Investigation Procedures.
Nothing in this policy shall limit or preclude the free exchange of ideas and/or opinions so long as such exchange does not involve threats or other prohibited behavior as defined
in this policy.
Conduct that has occurred as part of an ACB affiliate event shall not be covered under this Policy on prohibited conduct.
The remedies contained under these provisions are not intended to be exclusive and parties are encouraged to determine the most appropriate remedy for a given situation.
Policy on Prohibited Conduct Complaint Investigation Procedures
Introduction
As part of our ongoing effort to ensure the ACB community is safe, respectful, and welcoming, all participants in virtual and in-person ACB events must read and agree to ACB’s Policy
on Prohibited Conduct. ACB takes any violation of the Policy seriously and has established the following informal and formal processes to ensure that all activities associated with resolving a complaint are conducted as quickly and as thoroughly as possible.
Scope of Remedies
It is not the intent of the American Council of the Blind for this Policy to be used to publicly humiliate any member found to have violated it. Remedies proposed by complainants (e.g.,
publicly apologizing on ACB lists, ACB forums, etc.) will not be an outcome recommended by the Prohibited Conduct Panel to resolve complaints. The Panel may restrict participation in ACB-sponsored events, email lists managed by ACB, or other resources. ACB
can vary the severity of the punishment/sanction (e.g., length of time a member may be restricted from such events, email lists, or resources). Any remedy recommended by the Panel will be a private matter. Ultimately, it should be understood by anyone filing
a Prohibited Conduct Complaint that the remedies ACB may impose are limited in their scope.
Legal Rights
Nothing in this policy limits a member's right or responsibility to report a possible criminal act to the proper authorities or to take legal action. If a member believes that a crime
has occurred or that their legal rights have been violated, the appropriate authorities should be contacted immediately. If such action is being considered, the ACB President and/or Executive Director should be notified so that ACB is prepared to fully cooperate
with any legal investigation.
Filing a Complaint
Complaints must be filed within 30 days of the alleged incident, except where good cause for delay is shown, in order to maximize recollections of complainants, respondents and/or
any witnesses and minimize complaints filed in retaliation for perceived past actions, insults, etc. If more than 30 days have passed since the incident being reported, complainants must give a compelling reason for such delay. Complaints may be filed via
email or by phone, but only with the Human Resource Specialist. Complaints should be sent to
rep...@acb.org.
You may also leave a voicemail at (866) 222-7720. The Human Resource Specialist monitors these channels. Any complaint received via phone will be put into writing by the Human Resource Specialist. The complaint must include:
·
The names of parties involved;
·
Dates, times or other identifying information related to when the incident occurred;
·
A description of what happened and why you are concerned about it;
·
Steps you or someone else has taken, if any, to resolve the matter, and the outcome of those steps;
·
Any other details you believe will be helpful in resolving the matter.
The Human Resource Specialist will acknowledge receipt of the complaint within 5 working days. The acknowledgement will include the request to keep the matter confidential to protect
the integrity of the process and any investigation, and to protect the interests of everyone involved. The notification will, however, indicate that total confidentiality cannot be guaranteed during the course of the investigation. When received, the Human
Resource Specialist will immediately forward the complaint to the Investigation Panel even if the complainant and respondent have agreed to participate in the conflict resolution process. If both parties have agreed to engage in this process, the Complaint
Investigation Chair will notify one of the conflict resolution teams. All parties involved in the complaint will be directed to send all communication to the Human Resource Specialist, who will forward this information to the Investigation Panel.
The complaint will be forwarded to the Investigation Panel, which will encourage the parties to engage in informal conflict resolution, and will also explain the option for a formal
investigation of the matter. If the complaint involves communication in an online forum administered by ACB or if it is associated with a specific ACB event, the complainant will be encouraged to contact the forum moderator or event coordinator regarding the
incident, and the Investigation Panel will offer to facilitate this contact if desired. Email lists managed by ACB all have guidelines and remedies in place that may be applicable. The complainant and respondent will then be sent the following items:
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A copy of the complaint;
·
A copy of the Policy on Prohibited Conduct, and Applicable Complaint Investigation Procedures;
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Names of the panelists making the recommendation.
Complaints filed regarding the conduct of ACB staff and contractors are taken extremely seriously. Prohibited conduct by staff and contractors toward members, volunteers, or other
employees is addressed in the ACB Handbook under “Employee Standards of Conduct,” Section B., “Employee Conduct.” As such, complaints filed against a paid ACB staff member or contractor will be forwarded immediately to the Executive Director for handling.
Option 1: Informal Conflict Resolution
If the conduct does not require referral to law enforcement, the parties will be offered an opportunity for conflict resolution to be facilitated by a two-member conflict resolution
team. If this option is chosen by all parties, and agreement is reached by all parties regarding the outcome, there will be no formal investigation of the incident, no consequences or action will be taken by ACB, and the case will be closed.
It is the goal to complete any conflict resolution process within 30 days following acceptance of this option by both parties. If it is determined that the process cannot be completed
within 30 days, both parties will be notified and a new timeline will be established, not to exceed 60 days in total.
Conflict resolution generally involves, but is not limited to, conducting a mutually agreed-upon opportunity to bring the parties together for a facilitated discussion in an informal
setting. A common result is a verbal or written apology by the respondent to the complainant with other outcomes negotiated as appropriate.
Option 2: Formal Investigation
When the informal conflict resolution process is either not successful or rejected by either party, the Investigation Panel Chair will appoint three members of the Panel to open a
formal investigation of the complaint if desired by either party. It is the goal to complete any formal investigation within 45 days once the process begins. If the panel is investigating multiple complaints simultaneously, extending the original 45-day timeline
may be necessary and both parties will be notified. In such case, a new timeline will be established not to exceed an additional 15 days in total.
An interview with the complainant will be conducted first to gather all necessary details of the complaint, followed by interviews with the respondent and/or any witnesses. At its
discretion, the Prohibited Conduct Panel will determine if witness interviews are necessary. Such interviews will be conducted only to confirm that the incident in question took place. If a recording exists of the event/activity in which the alleged violation
occurred — and the incident in question can be readily heard — witnesses for either party may be called at the sole discretion of the Panel. Witnesses for either party are strongly encouraged to make themselves available during the specified timeframe to avoid
unnecessary delays in the investigation process. Interviews will be conducted with the panelists via Zoom, phone call or in person. The Human Resource Specialist will record the discussion and provide support. A summary of the parties’ panel testimony will
be shared with complainant and respondent. Both parties may request an individual to attend for support while they are being interviewed. These individuals may attend as a courtesy but will not be permitted to give testimony or otherwise involve themselves
in the proceedings. After all interviews have taken place and all evidence is reviewed, the Investigation Panel will determine the results and any action to be taken.
Records and Appeals
The Investigation Panel will notify the complainant and respondent of all outcomes in writing or electronically, to include any agreements during informal conflict resolution or a
formal investigation if one has occurred.
A final report will be prepared for ACB’s records summarizing the incident, those involved, key findings, conclusions, resolutions and actions taken. This will be kept in a confidential
Human Resource file for one year after which all records, transcripts, recordings or other information related to the case will be destroyed. A copy of the panel’s report will be provided to the complainant and respondent.
If the complainant or the respondent disagrees with the panel’s decision regarding a formal investigation, either party may appeal within 30 days of the decision to the Human Resource
Specialist who will forward it to a three-member board grievance committee, appointed by the ACB President from the ACB Board of Directors. This committee will review the evidence, may conduct any other investigation, will make a final decision in the matter
within 30 days of receipt, will inform all parties, and will update the record on file with ACB.
In the event that a complaint is filed involving the ACB President or another Board member — either as complainant or respondent — such individual is required to recuse him/herself
from any subsequent appeal proceeding unless the Board chooses to hear from the complainant or respondent during that proceeding. If the president is either the complainant or respondent in a complaint, the responsibility for appointing the Board grievance
committee shall be that of the First Vice President.
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