What is AIA - AIA Ethics at AIA New Hampshire

AIA architects are required to comply with the AIA Code of Ethics, which dictates guidelines for the highest standards of professionalism, integrity, and competence. The Code addresses architects’ responsibilities to the public, which the profession serves and enriches; to the clients and users of architecture, who help shape the built environment; and to the art and science of architecture, the body of knowledge an creativity that supports the profession.

To access the AIA Code of Ethics and more information go to: http://www.aia.org/about_ethics

Frequently asked questions regarding the code of Ethics:

Can I file a Complaint against a non-AIA Member?

No. The Code of Ethics applies only to Members of the Institute.

Do you have to be an AIA Member to file a Complaint?

No. A Complaint may be filed by a Member, an AIA Component, or anyone directly aggrieved by the conduct of a Member.

Is there a time-frame on when the Complaint must be filed?

Yes. The Complaint must be filed within one year of the alleged violation unless good cause for a delay beyond that period is shown.

How do I initiate a Complaint against an AIA Member under the Code of Ethics?

To initiate a Complaint, the complaining party (the "Complainant") must prepare and submit a Complaint in the format of Appendix B of the Rules of Procedure. Four copies of the Complaint must be filed with the NEC addressed to:

Chair, National Ethics Council
The American Institute of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006

How long does it normally take for a case to be processed?

The Rules of Procedure provide for a process that is designed to be fair to both parties. Therefore, depending on the level of complexity of the issues raised by the Complaint, the process could take more than a year from the time the Complaint is filed until a final decision is issued by the NEC.

Does every Complaint become a case?

No. The Chair reviews each properly formatted Complaint to determine whether it will be dismissed or considered. If accepted for consideration, the Chair may elect to defer the usual processing of a Complaint, where a legal or administrative proceeding is in process that concerns the essence of the Complaint.

Does the full Council hear a Complaint?

No. Initially, the Chair of the NEC designates a Member of the NEC as the Hearing Officer in the case. The Hearing Officer conducts the hearing and prepares a Report and Recommendation to the NEC, which states whether he or she believes the Member has violated the Code. If a violation is found, the Hearing Officer recommends a penalty.

Does the full Council decide the Case?

No. After presenting his or her Report and Recommendation to the rest of the Council, the Hearing Officer is excused from the meeting room. The rest of the Council, each of whom has received and read the case file in its entirety, including the transcript of the Hearing, then discuss the case and determine whether a violation of the Code has been proven to have occurred, and, if so, the penalty appropriate to the violation found.

What kinds of penalties may the NEC impose if an AIA Member is found in
violation of the Code?

The NEC may impose four penalties:

(a) Admonition
(b) Censure
(c) Suspension of membership for a specific period of time
(d) Termination of membership

In all cases, except those where the penalty is admonition, when an accused member has been found in violation of the Code of Ethics by final action of the NEC, the Executive Committee, or the Board, a notice of disciplinary is published in a periodical publication of the Institute which is distributed to AIA Members.

Can I get a list of AIA Members who have been found in violation of the Code of Ethics?

No. Under the Rules of Procedure, all matters before the NEC are confidential. The only time the names of the parties are published is when a Member has been found in violation of the Code of Ethics and the penalty imposed is censure, suspension or termination. In that event, a report of the case appears in a publication which is distributed to AIA Members but may be available elsewhere.

Are there terms used in the Code of Ethics that have a specific meaning?

Yes. The following terms are referred to in Rules 2.104 and 4.103 and have a specific
meaning as noted below:

What is fraud?

In a previous NEC Decision, the Council, relying on a definition in Black’s Law Dictionary, defined “fraud” as requiring a false representation of fact, either by positive act or a concealment, involving something which should be disclosed, which deceives and is intended to deceive another so that he or she will act upon it to his or her injury. (See Black’s Law Dictionary at 594-95 (5th ed. 1979)).

What is a “statement of material fact”?

A statement of material fact is one which is essential to a consequence or outcome that impacts one of the parties to the Complaint.

What is meant by “wanton disregard”?

In previous NEC Decisions, the Council has addressed the concept of “wanton disregard” and noted that in the law it is considered to be “something more than simple negligence, but something less than intentionally damaging action.” In other words, it is action taken in disregard of a high degree of danger that is apparent or would be apparent to a reasonable person. (See NEC Decisions 90-4, 93-4 and 2000-02.)

Information and Resources

To request hard copies of the Code of Ethics, the Rules of Procedure, and the NEC's Decisions and Advisory Opinions, please contact the Office of the General Counsel, gjohnson@aia.org or 202- 626-7311. For general questions regarding the process for filing a Complaint, contact AIA's Associate General Counsel at vallums@aia.org or 202-626-7375. Complaints filed with the NEC should be submitted to:

Chair, National Ethics Council
The American Institute of Architects
1735 New York Avenue, NW
Washington, DC 20006

The American Institute of Architects (AIA) is the professional organization that helps architects serve the public’s needs and builds awareness of the role of architects and architecture in American society. Over 90% of architect-designed construction in the United States is handled by AIA members.

Architects who are members of the AIA have numerous opportunities to continue professional training, timely access to information on new building materials and technologies and, perhaps most important, ongoing, collegial relationships with other AIA members who include the most skilled practitioners in the nation.

AIA New Hampshire

The New Hampshire Chapter of the national organization has over 200 architect members, representing the majority of licensed NH architects. We have committees that focus on public relations for the profession and the organization; we lobby for legislative issues that affect architects and the built environment; and we publish a monthly newsletter that keeps members up-to-date with issues and events affecting the profession.

You can select an architect from our Firm Listing.

PO Box 398 • 310 Marlboro St. 2nd Floor • Keene, NH 03431 Tel: 603.357.2863 • Fax: 603.357.0835 • Email: Executive DirectorWebsite by: KeeneOnline.com