ARTICLE I

The name of this corporation is: the "American Academy of Clinical Neuropsychology"

ARTICLE II

The general purpose and plan of operation of this corporation are:

1. To provide an outlet for expression of professional opinions for the benefit and advancement of the clinical neuropsychological sciences.

2. To outline the scope of clinical neuropsychological practice and to encourage the recognition of this scope of practice amongst the profession and in graduate schools of psychology.

3. To encourage interest amongst graduates in psychology to enter this field of specialty.

4. To establish a high plane of competence and promote clinical value in the literature of clinical neuropsychology, emphasizing the integration of science and practice.

5. To provide supplemental financial and personnel support for the activities of the American Board of Clinical Neuropsychology.

ARTICLE III

This corporation is not organized for profit and no part of the net earnings of the corporation shall inure to the benefit of any private individual or member. In the event of the liquidation or dissolution of the corporation, whether voluntary or involuntary or by operation of law, no members shall be entitled to any distribution or division of its remaining property or its proceeds, and the balance of all money and other property received by the corporation from any source, after the payment of all debts and obligations of the corporation, shall be used or distributed, subject to the order of the District Court of the County of Hennepin and State of Minnesota as provided by law, exclusively for the purposes within those set forth in Article II of this Certificate and within the attainment of Section 501 (c) of the Internal Revenue Code of 1954 and its regulations as the same now exist or as they may be hereafter amended from time to time.

ARTICLE IV

The duration of this corporation shall be perpetual.

ARTICLE V

The location of the registered office of this corporation is 2221 University Avenue S.E., City of Minneapolis, Hennepin County, Minnesota, 55414.

ARTICLE VI

This corporation shall have no capital stock.

ARTICLE VII

The management of the corporation shall be vested in a Board of Directors. The number of directors shall be fixed by the Bylaws of the corporation and may be altered by amending the Bylaws, but shall never be less than three. The terms of office of the directors shall be fixed by the Bylaws of the corporation and may be altered by amending the Bylaws. In the Articles and Bylaws, the words "Executive Board" may be used in lieu of "Board of Directors."

ARTICLE VIII

The conditions and terms of and the qualifications for membership in the corporation shall be provided for in the Bylaws. The Bylaws may provide for various classes of members, which classes of members shall have such rights and preferences as are set forth in Bylaws.

ARTICLE IX

Members of the corporation shall have no personal liability for corporate obligations.

ARTICLE X

Any action that the Executive Board could take at a duly called meeting of the Board, may be taken by a written action signed by two-thirds of the Directors, except that as to those matters requiring member approval, the written action must be signed by all of the Directors. Each Director may sign a separate counterpart of the written action, but all Directors will be notified in writing of the text of the proposed action before voting takes place.

ARTICLE XI

The Bylaws of the Corporation may be amended by the members, in the manner set forth in the Bylaws.

ARTICLE XII

These Articles may be amended upon approval of a proposed amendment by the directors and by two-thirds of the voting membership present at any meeting of the members of the Academy for which proper notice has been given.

ARTICLE XIII

In the Articles and Bylaws, Certificate of Membership, and in public relations, the word "Academy" may be used in lieu of "Corporation."

ARTICLE I - OBJECTIVES

The American Academy of Clinical Neuropsychology exists for and is dedicated to the following purposes:

1. Support for those principles, policies and practices that seek the attainment of the best in clinical neuropsychological patient care.

2. The pursuit of excellence in psychological education, especially as it concerns the clinical neuropsychological sciences.

3. The pursuit of high standards in the practice of clinical neuropsychology and support of the credentialing activities of the American Board of Clinical Neuropsychology.

4. Support for the quest of scientific knowledge by support for research in neuropsychology and related fields.

5. The communication of scientific and scholarly information through continuing education, scientific meetings, and publications.

6. Provision for communication with other groups and representation for clinical neuropsychological opinion to best achieve and preserve the purposes of the Academy.

ARTICLE II - MEMBERSHIP

Section 1 - Classes of Membership

Membership in the Academy shall consist of three classes: Active, Senior, and Affiliate. There shall be no restriction regarding the number of members in any category.

Section 2 - Active Members may be elected from among psychologists who have been certified in clinical neuropsychology by the American Board of Clinical Neuropsychology (ABCN) in affiliation with the American Board of Professional Psychology (ABPP).

Section 3 - Senior Members may be elected from among Active members who have been Academy members for a period of no less than the five (5) preceding years, are age 65 or older or disabled, and are fully retired from the active practice of clinical neuropsychology. They will continue to be listed in the membership directory of the academy, but be designated as "Senior" members, and they will be entitled to receive any newsletters distributed to academy members. Senior members will have no financial obligations to the Academy, but may continue to subscribe to any journal available through the Academy.

Section 4- Affiliate Members may be elected from among all others who are intellectually interested in the purposes of the Academy and wish to participate in its non-voting activities.

Section 5 - Procedure for Application to Membership

All individuals who receive the diploma in Clinical Neuropsychology from the American Board of Clinical Neuropsychology will automatically be granted initial membership in the Academy, for the year in which the diploma was granted. Thereafter, membership must be maintained through appropriate payment of fees and participation in activities of the Academy.

Completed applications will be forwarded to the Membership Committee for review. Recommendations for Senior membership, must be approved by the Executive Board.

Section 6 - Voting and Holding Office in the Academy

The only classes of membership entitled to vote on any matter during any annual or special business meeting of the Academy shall be Active and Senior members. The only class of membership entitled to hold an elected office in the Academy shall be Active.

Section 7 - Fees, Dues, and Assessments

1. The dues, assessments, and other fees for each class of membership shall be established annually by the Executive Board.

2. Annual dues shall be established on the basis of the calendar year. The dues for a year shall be payable on the first of December of the previous year and shall be considered delinquent if not paid by March 1 of the current year. Assessments and fees shall be payable at the time or times that the Executive Board shall determine.

3. No dues, assessments, or other fees shall be payable by Senior members.

Section 8 - Termination of Membership

A member whose required dues, assessments, or other fees for a calendar year are not paid by March 1 of that year shall be considered "delinquent." With appropriate notice, membership benefits and services will be suspended at that time.

The membership in the Academy of a delinquent member whose delinquent dues, fees, and assessments for a year are not paid in full by December 31 of that year shall be considered for termination during the next Executive Board meeting.

Once a delinquent member is dropped from the Academy membership, he or she must pay two years' back dues or reapply to be reinstated. Either action must receive the approval of the Executive Board.

Section 9 - Disciplinary Action

The Academy shall consider disciplinary action for any professional misconduct on the part of any member of the Academy for which similar action has been taken by a state, county, or provincial, Board of Psychology, Ethics Committee of any state or provincial psychology association, Ethics Committee of the American Psychological Association, Ethics Committee of the American Board of Professional Psychology, or like bodies; or when allegations of serious misconduct are brought to the attention of the Executive Board.

The Disciplinary Action Policy, as adopted by the Executive Board from time to time, shall govern all disciplinary actions.

Indication for disciplinary action includes, but is not limited to, the following:

1. Conviction of any crime relating to or arising out of the practice of psychology, including acts involving moral turpitude.

2. Limitation or termination of any right associated with the practice of psychology, including the imposition of any requirement for surveillance, supervision, or review, by reason of violation of psychological practice act, statute or governmental regulation, or disciplinary action by any psychology licensing authority.

3. Unlawful financial dealings related to the practice of psychology, including, but not limited to, fee splitting, or the payment or acceptance of kickbacks.

4. Grossly immoral or dishonorable professional conduct.

5. The use of false or deliberately misleading advertisements, testimonials or other instruments of misinformation related to the practice of psychology.

These disciplinary proceedings may result in censure, suspension, or expulsion from membership in the Academy. Any disciplinary actions imposed shall, if required, be reported to any applicable National Practitioner Data Bank and the appropriate State Licensing Board(s) as prescribed by law. Such actions shall also be reported to the Academy membership.

Section 10 - Fair Hearing

A Fair Hearing procedure, as adopted by the Executive Board from time to time, shall be made available to a member in the event of a professional review action by the Academy adversely affecting the membership status of a member.

ARTICLE III - MEETINGS AND VOTE OF MEMBERS

Section 1 - Annual Meeting

An annual meeting of the Academy shall be held each year at the place or places and on the date or dates designated by the Executive Board. The primary purpose of the annual meeting shall be to provide educational courses and forums for the presentation of scientific and professional papers. There shall be not less than one (1) business session at each annual meeting of the Academy for the purpose of election of Executive Board members and such other business as is appropriate.

Section 2 - Special Meetings

Special scientific and business meetings of the Academy may be called by the Executive Board for the times and places it may designate.

Section 3 - Notice

Notice of each annual meeting of the Academy shall be given to all Academy members not less than 90 days prior to the date on which the meeting is to begin. Notice of special scientific and business meetings of the Academy shall be provided at least 30 days prior to the date on which the meeting is to begin.

Section 4 - Order of Business

The order of business at the annual business meeting shall be:

1. Reading the Minutes of Preceding Meeting

2. Reports of Officers and Executive Board

3. Reports of Committees

4. Report of Nominations Committee and Elections

5. Unfinished Business

6. New Business

Section 5 - Quorum

At any annual or special business meeting of the Academy, a quorum shall consist of not less than thirty (30) voting members, except as required by the further provisions in these Bylaws.

Section 6 - Vote

If a quorum is present, a majority vote of the voting members present shall be required to constitute an action by the voting members on any matter, unless otherwise provided by applicable law, the Articles of Incorporation, or these Bylaws. There shall be no voting by proxy or mail ballot by the members of the Academy at the annual meeting or special meetings.

Section 7 - Standing Rules

The Standing Rules of the Academy are contained in the document attached to these Bylaws in effect on the effective date of the adoption of the Bylaws. The Standing Rules of the Academy may be amended or revised from time to time as provided therein, but may not be inconsistent with the Articles of Incorporation or Bylaws of the Academy.

Section 8 - Parliamentary Authority and Rules of Order

The deliberations of the Academy, its Executive Board, and all committees shall be governed by the rules contained in the then current edition of Roberts Rules of Order Revised in all cases in which they are not inconsistent with the Articles of Incorporation, Bylaws, Standing Rules, customary practices, and procedures of the Academy.

ARTICLE IV - EXECUTIVE BOARD

Section 1 - Authority

The Executive Board shall manage all the business and affairs of the Academy. The Executive Board shall have all powers and responsibilities conferred upon the board of directors of a nonprofit corporation by Chapter 317A of Minnesota Statutes, as now or hereafter amended, except as those powers or responsibilities may be limited by the Articles of Incorporation or these Bylaws. The Executive Board shall have the final responsibility and authority for all actions and policies that are recommended or adopted by any and all standing and ad hoc committees, sections, representatives to professional and governmental organizations, agents, and employees; and no action or policy shall be the action or policy of the Academy unless and until it is adopted, ratified, or approved by the Executive Board.

Section 2. The Executive Board

shall consist of fifteen Active members

Section 3. - Members of the Board

shall be elected to a term of five years by mail ballot of the voting members of the Academy. Terms of office shall be arranged so that one fifth of the positions of the Board are subject to election each year. No more than two successive terms shall be permitted any individual. A term of office shall commence at the annual meeting following the member's election.

Section 4. - The nomination and election

of members of the Board shall be carried out by a Nomination and Election Committee as specified in Article V., Section 4.

Section 5. - In case of death or resignation

from the Board before the expiration of a member's term, the Board shall choose a successor for the unfilled portion of the term from active membership of the Academy.

Section 6 - Meetings

The Executive Board shall meet no less than twice yearly, with at least one of those meetings to take place during the annual meeting. Special meetings of the Executive Board may be called by the President or at the written request of five members of the Board addressed to the Secretary at no less than twenty (20) calendar days' notice.

Section 7- Notice

Notice of each meeting of the Executive Board shall be given by the Executive Director not less than fifteen (15) calendar days prior to the date on which the meeting is scheduled to be held. The matters to be discussed and voted upon at any duly called meeting of the Executive Board shall not be limited to those set forth in the notice of the meeting.

Section 8 - Quorum

Eight voting members of the Executive Board shall constitute a quorum for the transaction of business.

Section 9 - Manner of Acting

A majority vote of the Executive Board members present and voting at a meeting at which a quorum is present shall be the act of the Executive Board, unless the vote of a larger number is required by applicable law, the Articles of incorporation, or these Bylaws.

Section 10 - Written Action

Any action that the Executive Board could take at a duly called meeting of the Board, may be taken by a written action signed by two-thirds of the Directors, except that as to those matters requiring member approval, the written action must be signed by all of the Directors. Each Director may sign a separate counterpart of the written action, but all Directors will be notified in writing of the proposed action before voting takes place.

Section 11 - Telephone Conference

Any action that the Executive Board could take at a duly called meeting of the Board may be taken during a telephone conference of the Board members. A quorum must participate in the telephone conference in order to transact business. A notice of two business days is required to all Executive Board members in order to schedule a telephone conference of the Board for the purpose of transacting Academy business.

ARTICLE V - OFFICERS

Section 1. - The officers

of the Board shall consist of the President, Vice-President, Treasurer, Secretary, and Editor (or co-editors)-in-Chief of any journal associated with the academy. One individual may hold up to two offices. Each of the officers named above shall be Directors of the Academy. Officers of the Board shall be elected by the members of the Executive Board at the annual meeting during odd-numbered years.

Section 2. - The President, Vice President, Treasurer, and Secretary

shall each be elected to serve for a term of two years and until their successors are elected and qualify. Any Editor (or co-editors)-in-Chief of any journal associated with the academy shall be elected for a term of five years. Officers of the Board may not serve more than two successive terms. At its annual meetings, the Board shall elect a person to fill each of the offices named above whose term expires at the annual meeting, and other officers as may be deemed advisable. In the event any officer shall cease to be a member of the Board, he or she shall complete their office with a vote as ex-officio members of the Board.

Section 3. - Any officer

may be removed from his/her office, with cause, by a three-fourths vote of the entire Board. If there be a vacancy among the officers of the Board by reason of death, resignation, removal, or otherwise, that vacancy may be filled for the unexpired term by the Board.

Section 4. - The President

shall preside at all meetings of the members of the Board. The President shall be the chief executive officer of the Corporation and see that all directions of the Board are carried out; shall, with the approval of the Board, appoint members of all committees other than the Executive Committee (Section V., 2.), of which he or she shall be a voting member; shall direct the preparation and submission to the annual meeting of the Board a report of the Board's business, activities, and affairs during the year; shall have other duties as may from time to time be prescribed by the Board.

Section 5. - The Vice President

shall perform the duties and have the powers of the President during the absence or disability of the President. He or she shall have other duties as may from time to time be prescribed by the Board .

Section 6. - The Treasurer

shall keep or cause to be kept records of all the financial affairs of the Corporation. He or she shall deposit all receipts of the Corporation to its accounts and have the power to sign checks on the Corporation's accounts; shall cause to be prepared annual audits of the Corporation's books; shall render from time to time and upon demand by the Board or the President reports of all matters within his or her jurisdiction.

Section 7. - The Secretary

shall keep or cause to be kept minutes and records of all Board proceedings, of all meetings of the members, and shall have custody of the Corporation's seal and shall affix it when and wherever proper.

Section 8. Any Editor

(or co-editors)-in-chief shall be responsible to the board according to current operating procedures of the Academy.

Section 9. - The Board

shall have authority to appoint from time to time an Executive Director who need not be a member of the Academy. If any Executive Director be appointed, the Board may delegate to him or her any or all of the duties conferred upon the Treasurer and Secretary by these bylaws, or such other duties as the Board may determine. The Executive Director may be compensated for services in an amount established from time to time by resolution of the Board and shall furnish a bond to the Corporation in an amount and with terms established by the Board . Being an employee of the Board, the Executive Director shall not be a member of the Board and shall not have the privilege of vote. The Executive Director may, however, participate in discussion concerning the business before the Board at the discretion of the President.

Section 10 - Nominations

Prior to each annual meeting at which elections are to be held, the Executive Board, acting on the recommendations of the Nominations Committee, shall nominate Active members of the Academy for each vacancy that occurs on the Executive Board, with the exception of the Editor-in-Chief. Academy members shall be notified of the names of all nominees at least sixty days prior to the annual meeting. In the event of death or withdrawal from candidacy of any of these nominees, the Execute Board shall designate a substitute nominee at any time before the election and shall announce that designation before the election. In addition, nominations for positions on the Executive Board may be made by mail before a date announced with the nominations. Such nominations require the signed support of at least five voting members of the Academy, and be filed with the Secretary or Executive Director together with a signed statement by the nominee setting forth willingness to serve if elected.

ARTICLE VI - MISCELLANEOUS

Section 1 - Fiscal Year

The fiscal year of the Academy shall be from January 1 to December 31.

Section 2 - Journals

The Executive Board may choose to own or affiliate with a journal with the goal of furthering the purposes of the Academy.

Section 3 - Notice and Waiver of Notice

Notice is deemed given by an Active member of the Academy or to an Officer of the Academy when it is in writing and mailed or delivered to the Academy or the Officer at the principal executive office of the Academy. In all other cases, notice is deemed given to a person when it is communicated to the person orally in person or by telephone, or is in writing and telegraphed, mailed, or delivered to the person at the person's last known address. Notice by mail is given when it is deposited in the United States mail with sufficient postage affixed. Whenever any notice is required to be given by law, the Articles of Incorporation, or these Bylaws, a waiver of the notice may be executed in writing by the person or persons entitled to the notice, whether before, during, or after the time stated therein, and the waiver shall constitute the equivalent of receiving the notice.

Section 4 - Indemnification

To the full extent permitted by any applicable law, any person who is or was a director, officer, employee or agent of the Academy shall be indemnified by the Academy against any and all liability and reasonable expense incurred by reason for the person being or having been a director, officer, employee or agent of the Academy, or by reason for any action taken or not taken in the course and scope of the person's service as such director, officer, employee or agent of the Academy, in the event that such person was, or is a party, or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, wherever brought, whether civil, criminal, administrative or investigative, other than an action by or in the right of the corporation. Such person shall be entitled to reimbursement by the Academy of reasonable expenses in advance of the final disposition of a proceeding in accordance with, and to the full extent permitted by, any applicable law.

The rights of indemnification provided in this section shall not limit, but shall be in addition to, any other rights to which such director, officer, employee or agent may otherwise be entitled by contract, law or statute, or otherwise; and in the event of such person's death, such rights shall extended to such person's heirs, legal representatives, or successors. The foregoing rights shall be available whether or not such person continues to be a director, officer, employee or agent at the time of incurring or becoming subject to such liability and expenses, and whether or not the claim asserted against such person is based upon matters which antedate the adoption of this section.

The Academy, its directors and officers, shall be fully protected in making any determination under this section, or in making or refusing to make any payment under this section, in reliance upon the advice of counsel.

The Academy may, to the full extent permitted by applicable law, purchase and maintain insurance on behalf of any person who is or was a member of the Executive Board, an officer or employee of this corporation or a member of a committee of this corporation, against any liability asserted against such person in any such capacity.

If any provision of this section shall for any reason be determined to be invalid, the remaining provisions hereof shall not be affected but shall remain in full force and effect.

Section 5 - Governing Law

These Bylaws and the policies of the American Academy of Clinical Neuropsychology, and any disputes involving the Academy's Bylaws and policies, shall be construed according to, and governed by, the laws of the State of Minnesota.

ARTICLE VII - AMENDMENTS

These Bylaws may be amended, altered or repealed at any meeting, annual or special, by the vote of at least two-thirds of the voting members present and voting, provided that any proposed amendment 1) has been submitted in writing to the Executive Board by at least fifty (50) members with voting rights or 10 percent (10%) of the members with voting rights, whichever is less, or has been approved by the Executive Board, and 2) notice thereof has been mailed to each voting member at least one (1) month prior to the meeting at which it will be acted upon. A special vote by mail ballot may substitute for a meeting provided the same requirements are met.

These Bylaws shall be subject to a complete review and reapproval every ten years.

I. CREATION OF STANDING COMMITTEES OF THE ACADEMY

Standing Committees of the Academy may be created by a majority vote of the Executive Board. These Standing Committees provide the ongoing functions vital to the Academy on a long-term basis.

The scope of responsibility of each Standing Committee shall be established by the President on the advice of the Executive Board.

The Chairman of a Standing Committee shall be appointed for a term of three years by the current President when taking office. Chairmen, except for the Nominations Committee, may be reappointed by the current President, but with a customary limit of six years of services (two-3 year terms) unless extended by recommendation of the President and Board approval.

Members of the Nominating Committee shall include three past presidents of the Academy who are no longer serving on the Executive Board. The Chairman of the Nominating Committee shall be the immediate past president. If three past presidents of the Academy are not available for service, other previous members of the Executive Board may be appointed to existing vacancies by the President with approval of the Board.

Members of Standing Committees shall be subject to reapproval as each new President takes office. Members of Standing Committees shall serve for a maximum of six years (three 2-year terms), and terms of membership shall be staggered so that normally no more than one-third of the committee members have terms ending in the same year.

II. STANDING COMMITTEES OF THE ACADEMY

Administrative (AACN Office) - Oversees all operational and management issues related to the Academy headquarters office.

Archives - Compile, research and maintain the written archives of the Academy.

Bylaws - Reviews, revises and updates Academy Bylaws and maintains them in a condition that accurately reflects the needs, goals, and services of the Academy.

Convention Management - Develops and recommends policies for structure, format and operation of annual meeting; recommends meeting sites to Executive Board; coordinates planning with Academy staff.

Education - Develops and maintains an effective educational program for the annual meeting of the Academy; develops recommendations and monitors activities related to other educational issues of importance to the Academy.

Grievance - Receives allegations against members from all sources and operates according to procedures delineated in Section B of the Disciplinary Action Policy. The Grievance Committee shall consist of 3 persons appointed by the Academy's President and shall include at least one member of the Legal Affairs Committee and at least one member at large. Committee members whose terms have expired will continue to fulfill existing responsibilities to a case or cases under consideration, but will thereafter retire from the Committee.

International Affairs - Evaluates all issues that involve foreign participation of any nature in or by the Academy.

Legislative Affairs - Evaluates issues affecting the Academy membership which are being discussed on a national legislative level and makes appropriate recommendations to the Executive Board; responsible for liaison with state, regional, and other neuropsychological societies.

Long-Range Planning - Recommends to the Executive Board development of new Academy programs to best serve the future needs of the Academy and its members.

Membership - Assures that proper membership status is provided for all present and potential Academy members; recommends methods for strengthening membership activities within the Academy.

Nominations - Nominates a slate of Executive Board members consistent with Academy Bylaws for election as allowed by the voting members of the Academy.

Practice - Evaluates and makes recommendations to the Executive Board on all issues related to the practice of clinical neuropsychology.

Public and Professional Information - Recommends and develops procedures and policies for the Academy to maintain public relations activities.

Publications - Develops recommendations for maintenance and expansion of the Academy's publication interests.

III. CREATION OF AD HOC COMMITTEES OF THE ACADEMY

Ad hoc committees may be appointed as the need arises by the President to carry out a specified task that is not the assigned function of an existing Standing Committee of the Academy. The committee's charge and date of expected report should be specified by the President. The Chairman and members of all ad hoc committees shall be appointed at the discretion of the President with approval of the Board.

Ad hoc committees shall submit to the President reports as deemed appropriate by the President. The Chairman of each ad hoc committee shall be responsible for submitting all reports of the committee.

IV. COMMITTEE LONGEVITY

Standing Committees will continue to exist indefinitely at the discretion of the Executive Board. When, in the judgment of the Executive Board, a Standing Committee is no longer necessary, it may discharge a committee by a majority vote.

Ad hoc committees are discharged automatically 1) upon the acceptance of their final report by the Executive Board or 2) upon completion of the current President's term of office. Ad hoc committees may be discharged at any time by the President.

V. SECTIONS

The Executive Board shall have the power to establish Scientific and Clinical Sections of the Academy to provide a forum for discussion in selected areas of clinical neuropsychological and the basic neuropsychological sciences. Requests for the establishment of a Section must be submitted to the Executive Board for approval, and the Bylaws for governing the Sections must also be approved by the Board.

Membership in any Section is open to any member of the Academy interested in the subject addressed by a particular Section. Officers of a Section will be elected by the Section's members.

VI. REPRESENTATIVES TO CIVIC, PROFESSIONAL, AND GOVERNMENTAL ORGANIZATIONS FROM THE ACADEMY

Representatives shall be appointed by the President to the organizations approved by the Executive Board.

A position taken or expressed by a representative shall not be deemed the position of the Academy unless and until it is adopted, ratified, or approved by the Executive Board.

Representatives shall submit to the Executive Board an annual report and special reports as deemed appropriate by the representatives or as requested by the President.

VII. ELIGIBILITY REQUIREMENTS FOR COMMITTEE MEMBERS AND REPRESENTATIVES

All members of Academy committees and Academy representatives to organizations shall be Academy members.

Nonmembers of the Academy may, with the specific approval of the President, serve as consultants on committees; however, they shall not vote on matters of administration or policy affecting the Academy. This policy will not apply to the Editorial Board of any affiliated journal.

VIII. ANNUAL AND SPECIAL REPORTS OF STANDING COMMITTEES, SPECIAL COMMITTEES, AND REPRESENTATIVES TO ORGANIZATIONS

Standing Committees, Ad Hoc Committees, and representatives to organizations shall submit to the Executive Board an annual report and special reports at other times as deemed appropriate by the committee or representatives or as requested by the Executive Board.

The chairman of each committee and the representative to each organization shall be responsible for submitting all reports. All reports shall be in writing.

IX. AMENDMENTS AND REVISIONS

These Standing Rules may be amended or revised by the Executive Board of the Academy.

A. A member of the Academy may be subject to discipline if his/her conduct is found to be in conflict with the standards and principles of the Academy. Without limiting the generality of the foregoing, the following shall be considered as conduct for which disciplinary action may be justified:

1. Conviction of any crime relating to or arising out of the practice of psychology, including acts involving moral turpitude.

2. Limitation or termination of any right associated with the practice of psychology, including the imposition of any requirement for surveillance, supervision, or review, by reason of violation of a psychological practice act, statute or governmental regulation, or disciplinary action by any psychological licensing authority.

3. Unlawful financial dealings related to the practice of psychology, including but not limited to fee splitting or the payment or acceptance of kickbacks.

4. Grossly immoral or dishonorable professional conduct.

5. The use of false or deliberately misleading advertisements, testimonials, or other instruments of misinformation related to the practice of psychology.

B. The Grievance Committee shall investigate such allegations to determine if there is credible evidence to support the allegation and if such evidence warrants the filing of formal charges against the member for possible disciplinary action. If its final findings fail to substantiate the allegation, the matter will be dismissed with no further action taken. When the Committee determines that the evidence warrants the filing of formal complaint against the member, the Committee shall prepare a written complaint and present the accumulated evidence describing the member's violations, and shall file same with the Academy's Vice-President.

The Grievance Committee shall maintain all information in confidence and shall present evidence to the Hearing Panel at the time of any hearing on the complaint and shall represent and support the decision of the Hearing Panel in the event of an appeal to the Board of Directors.

C. The Vice-President shall arrange for a hearing to be held on formal written complaints issued by the Grievance Committee against any member of the Academy. The Vice-President shall preside over the hearing and faithfully administer the following "Fair Hearing Procedure" to provide for fair and objective determination of the issues set forth in the complaint. The Vice-President shall not participate in the decision of the Hearing Panel. If the Vice-President has served as fact-finder, investigator, complainant, or in any other capacity in this or in any proceeding involving the accused member, or if the Vice-President is in direct economic competition with the accused member, the President shall appoint from among the Fellows of the Academy a presiding officer who is not in direct economic competition with the accused member and who has not served in any capacity in any proceeding involving the accused member.

D. Fair Hearing Procedure. Upon receipt from the Grievance Committee of a formal written complaint against a member of the Academy, the Vice-President shall provide a copy of that complaint to the affected member, notify the member that he/she is entitled to a hearing on said complaint, and provide the member with a copy of these Rules of Procedure. The member shall be notified that failure to request a hearing within 30 days of notice will result in forfeiting all hearing rights. The notice, including all information specified, shall be sent by certified mail, return receipt requested. Circumstances may warrant for the Grievance Committee to recommend that the Vice-President notify the member of the complaint prior to or during the Grievance Committee's investigation.

The panel members and the affected member shall receive copies of the complaint and any evidentiary material not less than seven (7) days prior to the hearing. The Vice-President shall provide the accused member with a list of witnesses, if any, expected to testify at the hearing on behalf of the Academy. Ex-Parte communication prior to the hearing between the accused and the hearing panel members, any witnesses, or any accusers, is prohibited.

The Vice-President shall ask the President to appoint a panel of 3 members, who shall be Active members of the Academy, to conduct the hearing, and shall provide the Panel members with a copy of the complaint. The Vice-President will notify the panel members and the affected member of the date, place, and time of the hearing. Said hearings shall not be held less than 30 days from the date of that notice. The affected member is responsible for all personal costs, including his/her own attorney's fees, relating to the attendance and participation in the hearing.

The Vice-President shall notify the accused member, the complainant and the Grievance Committee of the date, time and place of the hearing. At the request of any party for a good cause, the Committee may postpone the date of the hearing for a reasonable period of time.

The right to a hearing may be forfeited if the accused member fails to appear without good cause. The panel shall first hear evidence in support of the complaint and then shall hear evidence against the complaint. Formal rules of evidence shall not apply in the hearing and the panel may hear any evidence relating to the issues contained in the complaint. Any witness who gives testimony shall be subject to cross-examination. The accused member shall have the following rights:

1. To be represented by an attorney, or any other person of the member's choice.

2. To have a copy of the record of the proceedings at the affected member's cost.

3. To be present when all evidence is presented to the panel.

4. To submit relevant evidence.

5. To call, examine, and cross-examine witnesses.

6. To submit a written statement within 5 working days of the close of the hearing.

7. To receive a written decision of the panel containing a statement as to the reasons supporting the decision.

The panel shall submit its decision in writing, together with the basis for its decision to the Vice-President within 10 days after receipt of the accused member's written statement, or within 10 days of the close of the hearing if the accused member waives his right to file a post-hearing statement. The decision of the panel shall state whether or not there was credible evidence presented at the hearing that was sufficient to support the complaint in whole or in part, and if so the recommended disciplinary action to be imposed upon the member. The disciplinary action recommended may be designed to correct a specific violation found by the panel to have occurred. The disciplinary action ordered may, in the judgment of the hearing panel, provide for censure, suspension from membership in the Academy for a period of time or expulsion from membership in the Academy. The word "censure" means that the individual shall be advised in writing of a finding of misconduct and that such conduct should be changed. The word "suspension" means that the individual shall be advised in writing that his/her privileges as a member of the Academy have been temporarily suspended, with specification of the duration of the suspension and the conditions necessary for reinstatement. "Expulsion" means that the member shall be informed in writing that membership in the Academy is terminated, with or without the option to reapply for membership under certain specified conditions.

Upon receipt of the written decision of the hearing panel, the Vice-President shall send a copy of said decision to the President and to the member together with the notice of the member's right to appeal the decision to the Executive Board. This and all other notices shall be sent by registered mail, return receipt required. If the decision is not appealed the matter will then be referred to the Executive Board for final action.

A member may appeal an adverse disciplinary decision by filing a written request with the President for a hearing before the Executive Board within 30 days of receipt of the adverse decision. The decision of the Hearing Panel shall not be enforced in any way, pending the member's appeal. The Vice-President and any Executive Board members who have served as fact-finder, investigator, complainant, or in any other capacity in this or any proceeding involving the accused member shall not participate in any form in the appeal hearing. The member shall have 30 days from the date of the request for an appeals hearing to file written arguments in opposition to the decision of the Hearing Panel and the discipline recommended. Such written arguments shall be filed with the Vice-President who shall provide copies of said written arguments to the complainant and the Grievance Committee. The Grievance Committee, if appropriate, shall have 30 days to file written arguments with the Vice-President. A reasonable extension of time for filing the written arguments may be granted by the Vice-President for good cause shown by any of the parties.

When all written arguments have been filed with the Vice-President, he/she shall provide copies thereof to all members of the Executive Board and shall request the Board to schedule an appeals hearing at or before the next convenient meeting of the Executive Board but no latter than 120 days from the date of the Vice-President's request. The Board shall set the date for the appeals hearing and the Vice-President shall notify the member, the complainant and the Grievance Committee. Thereafter, the date of said hearing shall not be postponed except for the most serious reasons in the judgment of the Vice-President.

The President or his/her designee shall chair the appeals hearing. The member shall first present arguments in opposition to the decision of the Hearing Panel. Such arguments may relate to the evidence produced at the hearing or to the propriety of the procedure at the hearing and its compliance with these rules. The President shall establish in advance of the hearing a time limit for arguments at the appeals hearing. Each side shall have an equal amount of time. When the member completes his argument in opposition to the decision, the complainant, and if appropriate, the Grievance Committee shall argue in support of the decision rendered by the Hearing Panel. Thereafter, the member shall be allowed to reply to said arguments. At the completion of the appeals hearing, the Executive Board shall take the matter under advisement and shall reach a decision in Executive Session. The Board shall thereupon prepare a written document setting forth the reason for their decision. This document shall be filed with the Vice-President who shall in turn provide copies of said decision to the member, the complainant and the Grievance Committee. The President shall take appropriate steps to implement the decision of the Executive Board which shall be final.

All material concerned with these matters shall be held strictly confidential at all times. Files will be kept secure. Public release of information on any matter will be provided prior to final determination of the matter, including appeal to the Executive Board.

Participation in the activities of the Grievance Committee, Disciplinary Committee, Hearing Panel, or Executive Board by members with any real or potential conflict of interest, would in all cases be prohibited. This prohibition includes, but is not limited to, individuals who have previously participated in any complaint or investigation process involving the affected member, and to any individuals who are in direct economic competition with the affected member.

Disciplinary actions which have been imposed, after exhaustion of all appeal processes, shall, if required, be reported to the National Practitioner Data Bank and the appropriate state licensing board(s) as prescribed by state and federal law. Such actions shall be reported to the Academy membership. Reports to the membership shall include no more than the clinical neuropsychologist's name, the misconduct that was committed, and the sanction.

E. This policy is to be construed according to the law of the State of Minnesota, without regard to residence of the accused or sites of the hearing or related meetings.