How the Code and Standards are enforced: the Professional Conduct Program
KnownMemorizeFive sources of a Professional Conduct inquiry
| Source | What it looks like |
|---|---|
| Self-disclosure | Annual Professional Conduct Statement: litigation, a criminal investigation, a written complaint |
| Written complaint | Sent to Professional Conduct staff |
| Public information | Media reports, regulatory notices |
| Proctor report | Exam-day suspected rule breaches (candidates) |
| Post-exam analysis | Score and material analysis, social media monitoring |
Memory hook S-C-P-P-P: Self, Complaint, Public, Proctor, Post-exam. Nothing on the list is poor investment performance.
Know it cold Poor investment performance, or a client grumble that never becomes a written complaint, is not a listed source.
MemorizeProcess, outcomes and sanctions
| Stage | What happens |
|---|---|
| 1. Inquiry | Opens from one of the five sources |
| 2. Investigation | Staff: written explanation, interviews, documents |
| 3. Staff decision | No sanction, cautionary letter, or proceed to discipline |
| 4. Charges | Member or candidate accepts or rejects charges and proposed sanction |
| 5. If rejected | DRC panel decides whether there was a violation and the sanction |
| Sanctions | Public censure, suspension of membership and designation use, revocation of the charter; candidates: suspended or barred from the program |
Memory hook Count down 3-2-1: staff have 3 outcomes, the accused has 2 choices, and 1 panel sits only after a rejection. Sanctions climb C-S-R: censure, suspension, revocation.
Know it cold Panels are for contested cases only. Firms and non-members cannot be sanctioned; they may "claim compliance".
Key terms
- Professional Conduct Program Memorize
- Board of Governors Know the idea
- Disciplinary Review Committee Memorize
- Rules of Procedure for Professional Conduct Know the idea
- Professional Conduct Statement Memorize
- cautionary letter Memorize
- public censure Memorize
- suspension Memorize
- revocation Memorize
- claiming compliance Use it
- Board of Governors Know the idea oversight and ultimate responsibility
- Professional Conduct Program (PCP) Memorize staff who investigate and propose outcomes
- Disciplinary Review Committee (DRC) Memorize volunteer charterholders; hearing panels; help set conduct policy
- Close the inquiry Memorize no sanction
- Cautionary letter Memorize a warning, not a sanction
- Continue to discipline Memorize accepted, or decided by a DRC panel if rejected
- Public censure Memorize a public rebuke
- Suspension Memorize of membership and use of the designation
- Revocation Memorize of the charter
- Candidates only Use it suspended or barred from the program
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