Governance

National Strength and Conditioning Association Revised and Restated Bylaws

Effective July 16, 2010, the NSCA published a revised and restatement of the association's bylaws for governance. 

ARTICLE I – GENERAL PROVISIONS 

Section 1: As the worldwide authority on strength and conditioning, the National Strength and Conditioning Association (NSCA) supports and disseminates research-based knowledge, and its practical application to improve athletic performance and fitness.

Section 2: The registered office of the NSCA required by the Colorado Revised Nonprofit Corporation Act, as amended (the "Act") to be maintained in the State of Colorado may be, but need not be, identical with the principal office in the State of Colorado and the Board of Directors may change the address of the registered office from time to time.  

ARTICLE II - BOARD OF DIRECTORS 

Section 1: A Board of Directors shall govern NSCA. All corporate powers shall be exercised by and under the authority of, and the business and affairs of NSCA managed under the direction of, the Board of Directors. The Board of Directors shall establish the policies and procedures by which NSCA shall operate in accordance with these Bylaws and Articles of Incorporation of the NSCA.

Section 2: The Board of Directors shall be comprised of nine Directors: eight members of the NSCA and one Public Member elected by the Board of Directors. All such Directors will have voting privileges. In addition, the President-Elect, as elected in accordance with the provisions of Article III, Section 2 of these Bylaws, will serve as an ex-officio member of the Board of Directors for the one-year period preceding the commencement of his/her term as President, and shall have voice but no voting privileges. 

1. The Board may accept nominations for the Public Member from the Board of Directors, Executive Director, Special Interest Groups or other sources. The option of re-electing the Public Member for a consecutive term is at the discretion of the Board.
2. The eight NSCA members will include the President, three Members, and four Representative members elected by a majority vote (of those voting) of the NSCA membership entitled to vote. The designation of the Representative member seats shall be reviewed by the Board of Directors every five years and adjusted as necessary based on membership demographic. The first five-year designation of Representative member seats shall be: Educational/Institutional Strength and Conditioning Professional, Personal Trainer, Academician/Researcher, and Sports Medicine Professional. Election results shall be announced at the NSCA Annual Conference.
3. A Director shall hold office for a term of three years or until their successor is elected. The election of the Board of Directors will have a three-year rotation, one Member, one Representative member, and the Public Member the first year, one Member and two Representative members the second year, and the President, one Member, and one Representative member the third year. Newly elected Board members will take office after the Annual Conference Board meeting.
4. Members of the Board of Directors, including the Public Member, may only serve two terms. As provided in Article III, Section 2, the President may only serve one term in the office of President.

Section 3: A Board member, except for the Public Member, must be a member in good standing of the NSCA and a NSCA Certified Strength and Conditioning Specialist or a NSCA-Certified Personal Trainer who holds a minimum of a bachelor’s degree from an accredited institution or Fellow of the NSCA. Employees of the NSCA may not be a candidate for the Board of Directors.

Section 4: The Board of Directors shall have the authority to evaluate and act upon any change in the Bylaws and Articles of Incorporation, as it deems necessary in accordance with the Act and in accordance with Article XIII of these Bylaws.

Section 5: The Board of Directors shall conduct a regularly scheduled meeting in conjunction with the Annual Conference and one in January of each year. In addition, a special meeting may be convened at any reasonable time upon the request of the president or a majority of the Board of Directors, according to the procedures outlined in Article II Section 9.

Section 6: The Board will approve an annual budget in March of each year. A certified audit of the financial affairs of the NSCA will be conducted by a certified public accounting firm selected by the Board of Directors and shall be presented for acceptance to the Board of Directors at the Annual Conference.

Section 7: The Board shall continually evaluate and revise, as necessary, the goals and objectives of the NSCA, as well as the role and function of all committees.

Section 8: There will be a NSCA Nomination Committee that will serve the interest of the membership by selecting a slate of candidates for the Board of Directors to be elected by a majority vote (of those voting) of the NSCA membership eligible to vote in NSCA elections.

1. The Nomination Committee will consist of five Professional Members of the NSCA, elected by the NSCA membership that is eligible to vote in NSCA elections. The Nomination Committee will select candidates for the Nomination Committee from a call for nominations from the membership. Each member of the Nomination Committee will serve a three-year term. New member(s) of the Nomination Committee will be elected each year and announced at the NSCA Annual Conference, to replace the member(s) rotating off the Committee. The Nomination Committee members will have a three-year rotation of election: two members in one year, two members the next year and one member the following year. The chair of the Nomination Committee shall be a senior member who has served at least one year on the Nomination Committee and will serve a one-year term as chair. A person may serve two terms as chair but not in succession. At each Annual Conference the Nomination Committee will elect a new chair.
2. The Nomination Committee will prepare a list of two candidates for each Board of Directors position that will represent the diversity of the NSCA membership. The Nomination Committee will advocate for the NSCA membership by recruiting and selecting candidates that have the background, experience, and qualifications to be highly effective for the position they are seeking. The Nomination Committee will use objective and subjective criteria to select candidates.

Section 9: Notice of any special meeting of the Board of Directors shall be given at least seven (7) days prior to the scheduled meeting by written notice delivered personally, sent by mail, facsimile, email, telephone, telegraph, electronic means or any other forms of wire or wireless communication or private carrier to each at his/her address as shown by the records of the NSCA. Each Board member will be notified by the most commonly practiced means of notification for that member. Any Board member may waive notice of any meeting. The attendance of a Board member at any meeting shall constitute a waiver of notice of such meeting, except where a Board member attends a meeting that is not lawfully called or convened. Business not specified in the notice of any such meeting shall not be acted upon.

Section 10: A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board. If less than a majority of the Board members are present at said meeting, a majority of the Board members present may adjourn the meeting. If a quorum is present when a vote is taken, the affirmative vote of a majority of the Directors present shall be the act of the Board of Directors.

Section 11: Any vacancy occurring in the Board of Directors shall be filled by a majority vote of the Board of Directors. A person appointed by the Board to fill a vacancy shall serve such for the scheduled remainder of the term. If the time thus served does not exceed one-half of a full term of office the member may be re-nominated by the Nomination Committee for an additional term, and the time served shall not constitute a term as presented in Article II, Section 2.

Section 12: Board members shall not receive any direct compensation for their services. Board members shall be reimbursed for their direct and related expenses of attendance at meetings of the Board and for travel to conduct NSCA business as authorized by the Board.

Section 13: The Board of Directors by resolution, adopted by a majority of the Board members, may designate and appoint an Executive Director subject in all respects to the authority and discretion of the Board of Directors. The Executive Director shall have and exercise all powers and authority extended to him or her by the Board of Directors in the management of the NSCA.

Section 14: The President shall appoint all Board members to serve as a liaison to one or more Committees and/or Special Interest Groups. A board member may be rotated on different Committees or Special Interest Groups during his or her tenure.

Section 15: Members of the Board of Directors of the NSCA may be removed for cause, by a majority vote (of those voting) of the members of the NSCA.  

ARTICLE III – OFFICERS AND DUTIES 

Section 1: The officers of the NSCA shall be the President, Vice President and Secretary/Treasurer. No one person may simultaneously hold more than one office. The President, Vice President, and Secretary/Treasurer will comprise the Executive Council of the Board of Directors.

Section 2: The President shall be elected by a majority vote (of those voting) of the NSCA membership entitled to vote, which election will be held during the second year of the then-sitting President's term. The person elected will serve as President-Elect for one year during the third and final year of the then-sitting President's term. The President shall serve a three-year term and may only serve one term as President. The Board of Directors shall elect a Vice-President and Secretary/Treasurer at each Annual Conference. A person may serve a maximum of two terms in the office of Vice-President or Secretary/Treasurer, but not in succeeding years during their term of service on the Board of Directors.

Section 3: The President’s duties shall include the following: a) The President shall preside at all Board functions and shall act as Chairman of the Board; b) The President shall request nominations from the membership, committees, and the Board of Directors for committee positions. The President shall recommend for approval by a majority vote of the Board, committee chairs, with the exception of the Nomination Committee; c) The President, or his designee, serves as an official spokesman of the NSCA; d) The President will be responsible for the performance evaluation of the Executive Director. The Executive Director’s performance evaluations shall include input from the members of the Board of Directors and the NSCA staff. The President will apprise the members of the Board of Directors of the performance evaluation; e) The President shall be an ex officio member of all committees except the Nomination Committee.

Section 4: The Vice-President duties shall include the following: 

1. In the absence of the President, assume duties of the President;
2. Perform duties assigned by the President;
3. Fill a vacancy in the office of President for the unexpired term, if the President is unable to complete the term of office. 

Section 5: The Secretary/Treasurer’s duties shall include the following: 

1. Ensure all meetings of the Board of Directors are properly recorded;
2. Ensures proper collection and accounting for NSCA funds;
3. Ensures proper banking transactions for the NSCA are performed;
4. Has responsibility for reporting at the Board meetings on the financial status of the NSCA;
5. Any other duties as the Board may direct from time to time.  

ARTICLE IV – MEMBERS 

Section 1: The NSCA shall have different membership options available. The Board of Directors shall set and adjust the classifications of memberships, dues, qualifications and voting privileges for each classification as deemed necessary.

Section 2: Each member shall be allowed one vote in the election of each Board position up for vote, or on any other matters that are put to a vote of the membership entitled to vote. For purposes of action to be taken by the membership, a quorum shall consist of the members entitled to vote who are present at a meeting of the members. Any action of the membership shall be approved by a majority vote of those voting.

Section 3: Membership in NSCA is not transferable.

Section 4: An Annual Conference for the members shall be held at a time and location designated by the Board of Directors for the purpose of transacting NSCA business and providing the members with information, education, and the opportunity to interact with each other. 

ARTICLE V – EXECUTIVE COUNCIL 

Section 1: The Executive Council (President, Vice-President, and Secretary/Treasurer) shall be empowered by the Board of Directors from time to time to deal with NSCA business issues, which arise between regular meetings of the Board; provided, however, that as stated in the Act, the Executive Council may not: (i) authorize distributions; (ii) approve or propose to members action that the Act requires to be approved by members; (iii) elect, appoint, or remove any director; (iv) amend the NSCA Articles of Incorporation; (v) adopt, amend or repeal the NSCA Bylaws; (vi) approve a plan of merger not requiring member approval; or (vii) approve a sale, lease, exchange, or other disposition of all, or substantially all, of its property, with or without goodwill, otherwise than in the usual and regular course of business subject to approval by the members. The Board of Directors must ratify any action of the Executive Council. 

ARTICLE VI - DUTIES OF THE EXECUTIVE DIRECTOR 

Section 1: The Executive Director shall, subject to the direction and supervision of the Board of Directors, be responsible for the: administration of all policies and procedures, general and active control of its affairs and business, and general supervision of its employees.

Section 2: The Executive Director shall be designated as an authorized representative of the NSCA for the purpose of negotiating and executing contracts, legal documents, and necessary business matters.

Section 3: The Executive Director shall be a salaried position. The Board shall hire the Executive Director upon acceptance by a majority vote of the entire Board. The President shall provide a complete job description for the Executive Director, which may be altered as needed, and is incorporated by reference herein. 

ARTICLE VII - CONTRACTS, CHECKS, DEPOSITS, AND FUNDS 

Section 1: The Board of Directors may, authorize in writing, the President or Executive Director, in the name of and on behalf of the NSCA to enter into any contract or execute and deliver any instrument. Such authority may be general or confined to specific instances. Unless authorized in writing by the Executive Council, or authorized expressly by the NSCA Bylaws, no Board member or employee shall have any power or authority to bind the NSCA for any contract, agreement, or pledge its credit or render it liable financially for any purpose or in any amount.

Section 2: All checks, drafts or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the NSCA, shall be signed by such officer or officers, agent or agents of the NSCA in such manner as shall from time to time be determined by resolution of the Board of Directors.

Section 3: All funds of the NSCA shall be deposited to the credit of the NSCA in such banks, trust companies or other depositories as the Board of Directors may select. 

ARTICLE VIII - BOOKS AND RECORDS 

Section 1: The NSCA shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members and Board of Directors, and shall keep at the registered or principal office a record giving the names and addresses of the members and the dues payment status of each. Any voting member may inspect the books and records of the NSCA at any reasonable time provided, however, that such inspection shall be subject to the limitations set forth in the Act.

ARTICLE IX - SEAL 

Section 1: The NSCA shall have a corporate seal, which shall be in the form of a circle with the name of the Association, and “Corporate Seal” inscribed thereon. 

ARTICLE X - DISSOLUTION AND LIQUIDATION 

Section 1: Upon the dissolution of the NSCA, the Board of Directors shall, after paying or making provisions for the payment of all of the liabilities of the Association, dispose of all of the assets of the Association exclusively for charitable, educational, or scientific purposes as the Internal Revenue Code of 1986, or the corresponding provisions of any future United States Internal Revenue Law, as the Board of Directors shall determine. Any of such assets not so disposed of shall be disposed of by the District Court of the County in which the principal office of the NSCA is then located, exclusively for such purposes or to such organizations as said court shall determine, which are organized and operated exclusively for such purposes. 

ARTICLE XI - NET EARNINGS 

Section 1: No part of the net earnings of the NSCA shall inure to the benefit of, or be distributed to its members, trustees, officers, directors or other private persons except that the NSCA shall be authorized and empowered to pay reasonable compensation for services rendered. 

ARTICLE XII - ACTIVITIES 

Section 1: No substantial part of the activities of the NSCA shall be the carrying on of propaganda or otherwise attempting to influence legislation and the NSCA shall not participate in or intervene in, including the publishing or distribution of statements, a political campaign on behalf of any candidate for public affairs. 

ARTICLE XIII - AMENDMENT TO BYLAWS 

Section 1: Amendments to these Bylaws may be proposed at any regularly scheduled meeting of the Board of Directors. Such proposed amendments shall be considered at such initial meeting only relative to their worthiness for full consideration at the next regularly scheduled meeting of the Board. If, by consensus, the majority of the Board Members present at the meeting in which the amendment is proposed deem the amendment appropriate for full consideration, such amendment shall automatically be placed on the agenda of the next regularly scheduled meeting of the Board of Directors. All proposed amendments by the Board of Directors to the Bylaws must be posted in NSCA regularly printed or electronic media on two separate occasions prior to further action by the Board.

Section 2: Amendments duly placed on the agenda of a regularly scheduled meeting of the Board of Directors, in accordance with Section 1 of this Article, shall only be considered if there is at least a two-thirds (2/3) majority of the Board present at the Board meeting. Further, if such a two-thirds (2/3) quorum exists, a motion and a second for adoption of the amendment shall be required before the proposed amendment can be fully discussed and considered by the Board. In the event a two-thirds (2/3) quorum is not present or a motion and second for adoption are not forthcoming, consideration of the proposed amendment must be postponed until the subsequent regularly scheduled meeting of the Board of Directors at which a two-thirds (2/3) majority are present. If a two-thirds (2/3) quorum exists and a motion for adoption of the amendment is adopted by a two-thirds (2/3) vote of the entire board, the Board shall submit the Bylaw changes to the NSCA membership for a vote.

Section 3: Any changes to the Bylaws of the NSCA, whether that change be a clarification, addition, deletion, or substitution, must be ratified by a majority vote of the NSCA membership voting, before said change is accepted and entered into the active Bylaws of the NSCA and shall immediately be in full force and effect. 

National Strength and Conditioning Association Code of Conduct

Adopted on January 4, 2008, the NSCA's Code of Conduct sets the highest standards for its staff and volunteers to uphold NSCA values and maintain public confidence. 

POLICY: 

Those who choose to serve NSCA, whether as volunteers or as paid staff, are held to the highest standards of conduct, and they must do so without personal gain, must avoid any institutional loss or embarrassment, and must behave in such a way that NSCA’s trust and public confidence are enhanced.

The members of NSCA’s Board of Directors, officers, and members of committees owe to NSCA the same duties of care and loyalty as are owed by directors of nonprofit corporations organized under the laws of the State of Colorado. Specifically, each such person shall discharge his or her duties (a) in good faith; (b) with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and (c) in a manner that they reasonably believe to be in the best interests of NSCA. 

CODE: 

This Code of Conduct establishes minimum standards of acceptable conduct. It should be read and complied with by every NSCA volunteer and employee. For this purpose, the term "volunteer" includes the members of NSCA’s Board of Directors, officers, and members of every NSCA committee (including the NSCA Certification Commission Executive Council), and the term "staff" includes all employees of NSCA (including the NSCA Certification Commission). This Code of Ethics provides a framework of integrity for interactions with or on behalf of NSCA.

Accordingly, volunteers and staff shall comply with the following: 

1. Conduct all dealings on behalf of NSCA in a manner that will promote the goals and objectives of NSCA and enhance its reputation.
2. Exhibit honesty, openness, fairness, professional competence and loyalty to NSCA in your relationships with NSCA and with each other.
3. Give prudent consideration to issues affecting NSCA, taking into account established NSCA policies and precedents, the need for confidentiality regarding proprietary and sensitive information, and the legal, financial and administrative effect of proposed actions.
4. Follow directives of NSCA's Board of Directors and officers.
5. Provide a full, constructive and timely reply, in the form required, to requests from responsible NSCA officials for information and decisions. Fully inform responsible NSCA officials in a timely documented form of matters about which those officials may be unaware, including not only business opportunities, policy alternatives, and organizational needs, but also any actions, no matter who is responsible for those actions, which are contrary to policy or are damaging to NSCA, or which are unethical or unlawful.
6. Assist NSCA’s volunteers and staff to create and maintain an effectively functioning organization, always respecting the responsibility and authority of those to whom implementation of NSCA policies and goals has been entrusted.
7. Respect the rights of all employees to fair treatment and equal opportunity, free from discrimination or harassment of any type.
8. Strive to ensure that NSCA adheres to all laws, regulations, rules, policies and protocols applicable to the conduct of NSCA business and activities.
9. Protect information that belongs to NSCA.
10. Avoid conflicts of interest, both real and perceived. Refrain from using NSCA assets, information, services, opportunities, authority or influence for personal gain.
11. Recognize that even the appearance of misconduct or impropriety can be very damaging to the reputation of NSCA and act accordingly. 

ENFORCEMENT: 

Any violation of this Code of Conduct will subject the person to the jurisdiction of the NSCA Ethics Committee and the processing of any violation under the procedures of the NSCA Code of Ethics, as such may be amended from time-to-time; provided, however, that this will not preclude any action (i) under the NSCA Bylaws or applicable law for removal of a director or officer or (ii) for discipline or termination of an employee of the NSCA under applicable policies or procedures of the NSCA or applicable policies or procedures of the NSA or applicable law.

National Strength and Conditioning Association Code of Ethics

Adopted January 4, 2008, the NSCA's Code of Ethics sets the standards of behavior for the strength training, conditioning and personal training professions. 

PREAMBLE

The National Strength and Conditioning Association (NSCA) is committed to the principles of ethical behavior that shall be followed by all members. The Code of Ethics is intended to establish and maintain high standards and professionalism for the strength training, conditioning, and personal training professionals. It is also intended to enhance the effectiveness of our organization in supporting its mission. Members are expected to adhere to these standards of integrity and honesty, encourage ethical behavior and report unethical behavior among the membership.

The principles are written generally and do not address every situation encountered by the strength training, conditioning, and personal training professional. The circumstances of a situation will determine the interpretation and application of a given principle as it relates to the Code of Ethics. When a conflict exists between the Code of Ethics and the law, the law prevails.

Principle 1: 

1. Members shall respect the rights, welfare, and dignity of all individuals.
2. Members shall not discriminate on the basis of race, color, sex, age, religion, or national origin.
3. Members shall provide competent, fair, and equal treatment to all individuals.
4. Members shall preserve the confidentiality of personal and privileged information of the athlete, client or the NSCA.
5. Members shall not release any information to a third party not involved with the athlete's or client's care without a written release unless required by law.

Principle 2: 

1. Members shall comply with all applicable state, local and federal laws.
2. Members shall comply with all institutional guidelines.
3. Members shall comply with all copyright laws.
4. Members shall be familiar with and follow the NSCA Bylaws and all applicable policies, procedures, rules, standards and guidelines.
5. Members shall not condone or engage in any illegal behavior.

Principle 3: 

1. Members shall maintain and promote high standards.
2. Members shall not misrepresent, either directly or indirectly, their skills, training, professional credentials, identity or services.
3. Members shall only provide services that they are qualified to provide through education or experience and which are allowed by practice acts and other pertinent regulations.
4. Members shall refer athlete or client to more qualified fitness, medical, or health care professional when appropriate.
5. Members who are researchers or educators shall maintain and promote ethical conduct in research and educational activities.
6. Members should strive to continuously improve knowledge, skills, and techniques to protect the athlete or client from injury.

Principle 4: 

1. Members shall not engage in any behavior or form of conduct that adversely reflects on the NSCA.
2. Members should conduct themselves personally and professionally in a manner that does not compromise their professional responsibility.
3. Members shall not place financial gain above the welfare of the NCSA, athlete's or client's, and shall not in any arrangement exploit the NSCA, athlete or client.
4. Members shall avoid substance abuse and, when necessary seek rehabilitation for chemical dependency.

REPORTING ETHICS VIOLATIONS

Any person who holds a valid membership in the NSCA, and was an active member at the time of the alleged incident, may make complaint alleging an ethics violation. Complaints must be filed with a member of the Board of Directors or NSCA Executive Director. Information supporting the allegation must be specific and provide as much documentation as possible. Once submitted all complaints will be evaluated by the Ethics Committee and the pre-established procedures will be followed.

 

Enforcement Policy

The NSCA has the inherent power and duty to prescribe standards of conduct for its membership; to determine what constitutes grounds for the discipline of members; and to impose discipline upon any member whose failure to comply with the Code of Ethics of the NSCA has been established.

The discipline of members is for the protection of the public, the profession, and the maintenance of the standards and principles of the NSCA.
 

DEFINITIONS

The following definitions shall apply wherever used in the Code of Ethics: 

NSCA: National Strength and Conditioning Association

Member: Any person who is a member in good standing in the NSCA, and was an active member at the time of the alleged incident.

Charges: A written statement prepared by the Ethics Committee as a result of an investigation of a complaint and submitted to the Board of Directors.

Formal Charge: A written charge by the Ethics Committee, or Board of Directors, that disciplinary action is warranted.

Code: The Code of Ethics of the NSCA, together with such amendments thereto, as may from time to time be approved by the NSCA Board of Directors.

Complainant: Any NSCA member, who was an active member at the time of the alleged incidence, who makes a complaint.

Complaint: Any written statement made by any person alleging conduct on the part of a member which, if true, would constitute a violation of the Code of Ethics.

Misconduct: Determination that a member violated the Code of Ethics.

Rule 1. Jurisdiction

A. Every member admitted to membership in the NSCA is subject to the exclusive disciplinary jurisdiction of the NSCA. 

Rule 2. Grounds for Discipline 

1. It is the duty of every person who is subject to this Code of Ethics to conduct himself or herself at all times, both professionally and personally, in conformity with the standards imposed upon them for that privilege.
2. Acts or omissions by a member, individually or in concert with any other person or persons, which violate the Code of Ethics, shall be grounds for discipline, whether the act or omission occurred in the course of an activity associated with the affairs of the NSCA or otherwise. 

Rule 3. Types of Discipline 

A. Misconduct shall be grounds for:

1. Termination of membership by the NSCA; or
2. Suspension, which may include all membership rights and privileges, by the NSCA for a fixed period of time; or
3. Probation by the NSCA in lieu of suspension, on such terms as the NSCA may designate; or
4. Censure (i.e., a formal reprimand) by the NSCA; or
5. A warning or admonition issued in the form of a Cease and Desist Letter by the NSCA.
6. Removal from a position in which the person serves, subject to applicable provisions of the NSCA Bylaws, policies and procedures.

B. The NSCA Board of Directors may deviate from the above designated types of discipline from time to time, as it determines that the circumstances warrant. 

Rule 4. The Ethics Committee

The President of the NSCA shall appoint an Ad Hoc Ethics Committee (here after referred to as the Ethics Committee).

A. Ethics Committee membership: 

1. All members of the Ethics Committee must be a NSCA member in good standing.
2. The Ethics Committee must have at least two NSCA Board members on the committee.

B. The Ethics Committee shall have the following powers and duties: 

1. Process Complaints and exercise the disciplinary powers and duties described in Section (C), below.
2. In its discretion, render to a member upon his or her written request an advisory opinion or an interpretation of rules of professional conduct under the Code of Ethics regarding anticipatory conduct on the part of a person who is subject to this Code of Ethics.
3. Make appropriate arrangements, through its Chairman, for and with approval of the Board of Directors, for publication and dissemination of such advisory opinions as the Ethics Committee deems of general interest to the members.

C. The Ethics Committee shall have the following disciplinary powers and duties: 

1. Review all Complaints and charges presented to it by the NSCA or its members.
2. After reviewing the charges, dismiss any Complaints upon being satisfied that they are without foundation and merit.
3. With Board approval, issue a reprimand if the Complaint indicates a matter not appropriate for a Formal Charge.
4. To issue a Cease and Desist Letter
5. Determine if there are reasonable grounds for discipline and Formal Charges are warranted.
6. Conducts its own investigation of all Complaints.
7. Investigate, on its own motion, any act of unprofessional conduct of a person who is subject to this Code of Ethics. Submit a report to the Board of Directors of the Committee's recommendation on all complaints not dismissed by the Committee.
8. Notify a person who is subject to this Code of Ethics in writing that he or she is the subject of a Complaint in accordance with the procedures stated below. 

Rule 5. Procedure

A. All complaints must be in writing and filed with a member of the Board of Directors or NSCA Executive Director.

B. All Complaints received by any other person shall be transmitted forthwith to a member of the Board of Directors or NSCA Executive Director. 

C. All investigations, whether upon Complaint or otherwise, shall normally be initiated by the Ethics Committee.

D. When it appears to the Ethics Committee that allegations of misconduct in the Complaint fail to describe conduct which, if true, would constitute grounds for discipline, the Ethics Committee may decline to further investigate and shall so advise the Complainant in writing with a proper explanation within fifteen days of its receipt. The Board of Directors will receive a copy of this report.

E. If, upon conclusion of any investigation, the Ethics Committee determines there are not reasonable grounds for discipline of a member against whom a Complaint is directed, the Ethics Committee shall dismiss the Complaint and shall so advise the Complainant, the persons against whom the Complaint is directed, and Board of Directors in writing with proper explanation. The Ethics Committee shall further advise such Complainant that an appeal may be taken to the Board of Directors of the NSCA.
 

F. If it appears to the Ethics Committee that allegations of misconduct in the Complaint do describe conduct which, if true, would constitute grounds for discipline, the Ethics Committee shall notify the person against whom the allegations are directed that he or she is the subject of a Complaint. Within fifteen days of the receipt of the Compliant, the Ethics Committee will furnish the member with a copy thereof by certified mail, return receipt requested.

G. Upon receipt of notice of a Complaint from the Ethics Committee, the person against whom the Complaint is directed shall prepare and submit to the Ethics Committee, in writing, within fifteen working days of receipt of such notice, a response to the Complaint, or a response stating that he or she refuses to answer. For good cause, the Ethics Committee may in its discretion grant additional time for the filing of a response.

H. If, upon conclusion of any investigation, the Ethics Committee determines that there are reasonable grounds for discipline of a member against whom a Complaint is made, the Ethics Committee shall reduce the Complaint to a Formal Charge specifying with particularity the allegations which constitute the basis thereof, the grounds for discipline, and provisions which appear to have been violated, and immediately forward said Formal Charges and either the Ethics Committee's investigation file, or a copy thereof, to the Board of Directors. At the same time that Formal Charges are provided to the Board of Directors, the Ethics Committee will furnish the member with a copy of the Formal Charges by certified mail, return receipt requested.
 

I. Upon receipt of the Formal Charge and file from the Ethics Committee, the Board of Directors shall within thirty days review the same and consistent therewith either: 

1. Determine the Charges, if true, would not constitute grounds for a violation of the Code of Ethics and dismiss the Charges.
2. Determine the Charges, if true, would constitute grounds for discipline, but no public interest would be served by continuing to process the Formal Charges, and thereupon prepare and issue to the person against whom the Complaint is directed a reprimand which shall be made a permanent part of the file of the Ethics Committee. This reprimand may be received as evidence in any subsequent disciplinary proceedings against the person against whom the Complaint is directed.
3. Determine that a hearing is necessary to ascertain if there are reasonable grounds for discipline of the person against whom the Complaint and Formal Charges are directed which may require a disciplinary action other than a reprimand.
4. The Board of Directors will promptly provide the member with notice of such determination by certified mail, return receipt requested. Notice will be sent to the person's address registered with the NSCA or addressed to his or her last known residence or place of business. The member will have the opportunity to file a written answer to the Formal Charges by submitting the answer to the Board of Directors within fifteen days after the member's receipt of such notice of the hearing.
5. At least thirty days prior to the hearing, the person against whom the Complaint is directed shall be given, in writing by certified mail, return receipt requested, the time and place of the hearing, list of charges to be determined at the hearing, the witnesses who will be involved, the right to be represented by counsel at the hearing if so desired, and the right to present witnesses in his or her behalf in response to the charges at issue, and to cross-examine witnesses. Notice will be sent to the person's address registered with the NSCA or addressed to his or her last known residence or place of business.
6. The hearing shall be conducted by a hearing panel consisting of three members of the Board of Directors, as designated by the NSCA President. The hearing panel shall consider only the Complaint and Formal Charges of which the person against whom the Complaint is directed has received notice.
7. Within forty-five days following the termination of the hearing, the hearing panel will render a written decision, which shall constitute the decision of the Board of Directors, and the person against whom the Complaint is directed will be advised by certified mail, return receipt requested, of the results of the hearing and action of the Board of Directors. The decision of the Board of Directors is final, and not subject to appeal. 

Rule 6. Publication of Disciplinary Actions

The following will be published by the NSCA on one occasion in NSCA regularly printed or electronic media:

A. In the case of a final decision by the Board of Directors which imposes discipline arising from a Complaint, (i) the name of the member who has been disciplined, (ii) the nature of the Complaint, and (iii) the discipline imposed.

B. In the case of a reprimand or Cease and Desist Letter issued by the Ethics Committee, the fact that discipline has been issued, but without identification of the member who was the subject of the discipline. 

Rule 7. Related Civil or Criminal Litigation

A. Similarity of the substance of a Complaint to the material allegations of pending criminal or civil litigation may, but shall not in itself, prevent or delay disciplinary proceedings against the person involved in such litigation.

B. The acquittal of the person on criminal charges, or a verdict or judgment in his or her favor in civil litigation involving material allegations similar in substance to a Complaint, shall not in and of itself justify termination of disciplinary proceedings predicated upon the same or substantially the same material allegations.