Code of Ethics | Conflict Resolution | Conflict of Interest

National Women’s Studies Association Code of Ethics
Adopted by the Governing Council June 2005

INTRODUCTION
The National Women’s Studies Association’s (NWSA’s) Code of Ethics sets forth the values, provisions, and ethical standards that underlie staff/members’ responsibilities and conduct. These values, provisions and standards should be used as guidelines when examining everyday organizational activities. They constitute normative statements for NWSA members and staff and provide guidance on issues that members/staff may encounter in their work with and for the organization.

NWSA’s Code of Ethics consists of an Introduction, a Preamble with a statement of values, General Provisions, and specific Ethical Standards. The Preamble and General Provisions of the Code are goals to guide members/staff toward the highest ideals of NWSA. Although the Preamble and General Principles are not enforceable rules, they should be considered by members/staff in arriving at an ethical course of action and may be considered by ethics bodies (Ethics, Equity and Diversity Committee and Conflict Resolution Committee) in interpreting the Ethical Standards. The Ethical Standards set forth enforceable rules for conduct by members/staff. The Ethical Standards are not exhaustive. Any conduct that is not specifically addressed by this Code of Ethics is not necessarily ethical or unethical. (See the Rules and Procedures of the Conflict Resolution Committee that describe the procedures for filing, investigating, and resolving complaints of unethical conduct.)

Membership/employment in the NWSA commits members/staff to adhere to the NWSA Code of Ethics and to the Policies and Procedures of the NWSA Conflict Resolution Committee. Members/staff are advised of this obligation upon joining the Association and are informed that violations of the Code may lead to the imposition of sanctions, including termination of membership and/or employment. NWSA members/staff subject to the Code of Ethics may be reviewed under these Ethical Standards only if the activity is part of or affects their NWSA work-related functions.

PREAMBLE
This Code of Ethics articulates a common set of values, consistent with NWSA’s mission, which sets the framework for NWSA’s organizational structure and practices. The mission statement of the National Women’s Studies Association states that: "NWSA has a vision of a world in which all persons can develop to their fullest potential and be free from all the ideologies and structures that consciously oppress and exploit some for the advantage of others."

NWSA recognizes that this is a vision for which we strive, and at the same time recognizes that members of NWSA have different conceptions of feminism and the best methods for achieving NWSA’s mission. However, we affirm Aurora Morales’ vision for an inclusive approach to our work in NWSA; she writes, “Real inclusion is both straightforward and intricate, complex and interesting enough to spend a lifetime working for. It just requires that we understand enough about how our lives are entwined that whatever activist task we undertake we figure out how the question we’re asking or the particular piece of injustice we’re confronting can be made big enough, connected enough, to be useful to everyone.The most useful theory will be that which teaches us to use the particular, to frame big and inclusive questions, to integrate seemingly conflicting needs and sacrifice no one” (Morales, Medicine Stories, 1998).

Our goal is to create a code of ethics that is more than a set of inflexible rules, but one that helps us move toward our vision of a world of equality, respect, and social justice. Key values underlying this mission include: inclusiveness and social justice; respect for plurality and diversity; transparency, integrity and honesty; respect for the worth and dignity of individuals; and accountability of the organization to its membership with regard to its code of ethics. This is what we hope to accomplish with this code.

GENERAL PROVISIONS

Accessibility: NWSA, in all of its activities, will seek to make itself accessible to all members and potential members, whenever feasible, with regards to factors such as communications, mobility, ability to pay, and age.

Personal and Professional Integrity: All members and staff of NWSA must act with honesty, integrity, and openness in their dealings with other members and staff. The organization promotes an environment that values respect, fairness, and integrity.

Transparency, Openness, and Disclosure: NWSA will seek to provide comprehensive and timely information to its members concerning the governance of the organization, including changing goals, directions, and internal structures. All financial, organizational, and program reports will be complete and accurate in all material respects and fully disclosed to members through annual conferences and the organizational website. All annual and mid-year Governing Council meetings will be open to the membership.

Recognition of Institutional Racism and White Privilege: NWSA recognizes that institutional racism and white privilege are ongoing issues within its organizational culture and structure. The organization will commit to an ongoing process of evaluation of the organization with the goal of identifying and dismantling those structures and practices that maintain an institutional culture and hierarchy of white privilege and power.

Conflict of Interest: Any conflicts of interest, or the appearance thereof, should be appropriately managed through disclosure, recusal or other means (see Conflict of Interest Policy).

Co-Sponsorship: NWSA will strive to accept sponsorship only from groups that are not organized with racism, sexism, and other forms of oppression inherent in their attitudes and practices. NWSA recognizes the difficulty of this goal; however, it is clear that some institutions have practices that are more consistent with our goals than others, and we will give these organizations priority.

Requests from outside groups to electronically link web pages will be considered under these guidelines of co-sponsorship.

Each year the Chair of the Ethics, Equity and Diversity Committee will issue a written report to the Governing Council about any sponsorships that NWSA has accepted. Any member of the organization may request to see the report by contacting the national office.

Equity in Employment: NWSA will comply with all appropriate nondiscrimination and pay equity laws. We will pursue a vigorous affirmative action program so that any hiring will reflect or surpass the diversity of the membership in terms of age; gender; race; ethnicity; national origin; religion; sexual orientation; disability; health conditions; marital, domestic, or parental status, gender identity and gender expression. Further, we will strive to be an employer that treats all of its employees in a humane and fair manner guaranteeing them due process and fair treatment (see Personnel Policy for more specific guidelines).

Endorsement Policy: NWSA is a nonprofit organization. This structure prohibits us from making any endorsements that can be perceived as endorsing particular political candidates. Therefore, while it may be desirable for individuals and Women’s Studies organizations to take such stands, NWSA cannot do so.

The organization will not endorse any commercial products (see NWSA’s Endorsement Policy for reference to other types of endorsements).

Gifts: NWSA will accept unrestricted gifts from any group or individual who indicates understanding of our goals. However, no donor will be permitted to advertise any donation as if to imply that NWSA endorses that organization. Any gift donated for a specific purpose will be considered under the guidelines for co-sponsorship.

Investments: If NWSA has funds that are to be invested for future growth, NWSA will make every effort to make investments that are as socially responsible as possible.

Conference Book Exhibits: NWSA reserves the right to deny space to organizations or individuals whose products, services or business practices are inconsistent with our mission.

Appeal: Any member who believes the organization or any of its components has failed to live up to the General Provisions stated above may address their concerns to the Ethics, Equity and Diversity Committee. Violations of the specific Ethical Standards and Code of Conduct can be addressed to the Chair of the Conflict Resolution Committee. The Chair will convene the Conflict Resolution Committee to hear the allegation. The Committee, by a two-thirds majority vote, will assess the complaint and pass on its decision to the Executive Committee.

SPECIFIC ETHICAL STANDARDS AND CODE OF CONDUCT

Nondiscrimination: NWSA members/staff may not engage in discrimination in the organization based on age; gender; race; ethnicity; national origin; religion; sexual orientation; disability; health conditions; marital, domestic, or parental status, gender identity and gender expression; or any other applicable basis proscribed by law.

Harassment: NWSA members/staff may not engage in harassment of any person, including members, supervisees, or employees. Harassment occurs when someone’s actions or words, based on the relevant grounds (e.g., gender, race, sexuality), are unwelcome and violate another person’s dignity or create an environment that is intimidating, hostile, degrading, humiliating, or offensive.

Sexual harassment may include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature if that behavior negatively affects or interferes with an individual’s participation in the organization, and/or creates an intimidating, hostile, or offensive work environment.

Harassment on the basis of race, color, or national origin, may include objectionable epithets, threatened or actual physical harm or abuse, or other intimidating or insulting conduct directed against the individual because of his/her race, color, or national origin that negatively affects or interferes with an individual’s participation in the organization, and/or creates an intimidating, hostile, or offensive work environment.

Non-exploitation: (a) Whether for personal, economic, or professional advantage, NWSA members/staff may not exploit persons over whom they work within the organization; (b) NWSA members/staff may not directly supervise or exercise evaluative authority over any person with whom they have a sexual relationship, including students, supervisees, or employees within the context of NWSA work.

Electronic Communication: The following guidelines should be followed when engaging in electronic communication.

• NWSA listserves should be used for NWSA-related business only.
• Do not send sexually explicit, offensive, demeaning, insulting or intimidating e-communications, ethnic or racial slurs, or anything that harasses or disparages others.
• No electronic mail may be sent that is abusive or threatens the safety of a person or persons.
• Do not send messages to people who don’t need to receive them.
• Be thoughtful about clipping and pasting others’ messages in those you send.
• Do not forward e-mail sent to you to others without the original author’s permission.
• If you receive a message sent to a list of people, do not respond needlessly to the entire list.
• Use a professional tone in your messages.
• Be careful when using sarcasm and humor. Your “joke” could be misunderstood.

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NWSA CONFLICT RESOLUTION PROCESS

Approved and adopted by the Conflict Resolution Committee on  4/04
For a listing of current committee members go to the NWSA directory

A. Process for complaints concerning actions by NWSA or a Committee of NWSA:

Step One.  The Chair of the Conflict Resolution Committee will inform the Conflict Resolution Committee of a case that has been submitted.

Step Two.  A 2/3rd majority of the Conflict Resolution Committee must approve taking on any case.  Should the case be denied, the Conflict Resolution Chair will reply to the President of NWSA with a brief statement about the grounds on which it was denied.

Step Three.  On a schedule established by the CRC, the parties involved in the case will be asked to e-mail merits of their positions to the Chair.  They also may submit supporting evidence in the form of documents, affidavits, graphs, etc.  In addition to the initial filing, if so directed, they may submit rebuttal statements.  Since the parties do not engage in a dialogue with a committee representative, it is essential that the parties explain their proposals and persuasive evidence clearly and completely.  When the record requires clarification, the chair may conduct a telephone conference call to resolve any uncertainties.

Step Four. Following consideration of the parties' submissions, the CRC will make a determination and proceed with actions to follow that determination. No less than a two-thirds majority of the committee must approve the determination and action.  A brief statement of dissent written by those in disagreement should be included in the report to the President.

B. Process for cases involving complaints by members/employees of the organization against members/employees of organization:

It shall be a function of the Conflict Resolution Committee, in accordance with the procedures outlined below, to investigate and if necessary, to act upon charges involving complaints by a member/employee of NWSA against a member/employee of NWSA for unprofessional behavior.

The CRC will engage in a process of mediation between the parties involved to attempt to resolve the issues presented.  If mediation does not work, the CRC will proceed with, Phase II, adjudication procedures.

PHASE I

Step One. On receipt of a written complaint from a member/employee of NWSA that a member/employee of NWSA has acted unprofessionally, the complaint shall be referred to the Chair of the Conflict Resolution Committee.  The Chair investigate the complaint and mediate the conflict or shall nominate a member of the CRC to do so. (The mediator will not be involved in any subsequent adjudication process that may ensue except to report on the process, should mediation prove unsuccessful.)

Step Two. The mediator will talk (via e-mail or phone) to the parties involved and attempt to mediate the conflict.  After first gaining agreement to her as an appropriate mediator from both parties, the mediator will proceed to run the mediation, by three-way phone, individually by phone, and only as a last resort, by email alone.  In general, the mediator should encourage the parties to: 1) articulate how they have felt wronged, and ask them to consider their part in what transpired and to 2) say what they feel would be necessary for them to feel comfortable working in the organization and what they think would be best for the organization overall.  Ideally all mediators used should be trained.

If mediation is successful the process comes to an end. If the mediation is rejected by the parties or is unsuccessful and an affected NWSA member/employee wishes to file a formal complaint, the following procedure will be enacted.

PHASE II

Step One. On receipt by NWSA from a member/employee of NWSA of a written complaint that a member of NWSA has acted unprofessionally, the complaint shall be referred to the Chair of the Conflict Resolution Committee for preliminary investigation. The Chair, or a member of the CRC designated by the Chair, shall investigate the complaint.  The Chair or the designee will request both the subject and object of the complaint to supply all information relevant to the issue; and request a report on the mediation process from the mediator.

Step Two. Based on the investigation of the Chair or that of the designee, and after consultation with two other members of the Conflict Resolution Committee, the Chair shall prepare a brief written report finding either that

(a) there is probable cause to proceed further, or

(b) the materials submitted have not established probable cause.  Upon a finding of no probable cause, the Chair shall notify both the complainant and the individual about whom complaint was made.  The Chair will endeavor to complete these preliminary steps within 30 days from the receipt of the complaint.

Step Three. Upon a finding of cause to proceed, the Chair shall supply the member/employee against whom complaint was made with the written complaint. The member/employee shall within twenty-one (21) days submit to the Chair a written statement responding to the charges. Should the member/employee fail to respond to the request of the Chair, the presumption of the Chair shall be that the complaint as presented has not been denied.

If the facts are not in dispute, the Committee may make a determination based on the written record.

Should the Committee find that there are factual matters in dispute, the member/employee against whom the complaint was made and the complainant shall be given at least thirty (30) days' notice to present documents from witnesses and other evidence.  Upon receipt of all documentary evidence, including briefs, the Committee shall make a decision.  A two-thirds majority of the committee must approve any decision.  The chair shall make a written report, which shall include findings of fact and a decision as to the appropriate disposition of the matter, along with the any suggestions for action.  The Chair shall endeavor to complete the report within forty-five (45) days of the close of the hearing by the committee. The Committee shall proceed as follows:

(i)    If the Committee finds that the complaint has not been proved by clear and convincing evidence, the complaint shall be dismissed and the president will be notified of this action by the Chair of the Committee, who shall transmit a copy of the Chair's report to both persons.

(ii)    If the action determined to be appropriate by the Committee is either advice or censure, such decision shall be conveyed to the President by the Chair of the Committee together with a copy of the report.

(iii)    If the Committee believes that action more severe than advice or censure may be appropriate, the Chair shall consult with the President of  NWSA before arriving at a decision about the discipline. Following such consultation, if the Committee decides that suspension or expulsion from NWSA is the proper response, that determination shall be transmitted to the President by the Chair of the Committee together with a copy of the report.

Step Four. The decision of the Committee, including any action, shall be final. Where the final official action on a charge or charges is a finding that the charge has been proved and that a response no more severe than advice or censure is appropriate, notice of that action shall be given only to the member and the complainant.

Where the final official action on a charge or charges is a finding that the charge has been proved and that suspension or expulsion is appropriate, notice of the action shall be given to the offending member and the complainant; in addition, the Chair of the Conflict Resolution Committee will advise the Governing Council of the name of the member charged, the nature of the offense committed, and the action imposed.

The member/employee against whom complaint was made shall have the right at any time to terminate the proceedings by resigning from NWSA. In that circumstance, a record of the matter shall be kept by the Chair of the Conflict Resolution Committee. In the event of a re-application by the member, the information and record shall be disclosed to NWSA members considering such application.

Updated to reflect bylaw changes 2/07

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NWSA Policy on Conflicts of Interest and Disclosure of Certain Interests

- Adopted by Governing Council January 2005

This conflict of interest policy is designed to help directors, officers and employees of the National Women's Studies Association identify situations that present potential conflicts of interest and to provide the National Women's Studies Association with a procedure which, if observed, will allow a transaction to be treated as valid and binding even though a director, officer or employee has or may have a conflict of interest with respect to the transaction. The policy is intended to comply with the procedure prescribed in Maryland Statutes, Section [need appropriate section for Maryland], governing conflicts of interest for directors of nonprofit corporations. In the event there is an inconsistency between the requirements and procedures prescribed herein and those in section [need appropriate section for Maryland], the statute shall control. All capitalized terms are defined in Part 2 of this policy.

1. Conflict of Interest Defined . For purposes of this policy, the following circumstances shall be deemed to create Conflicts of Interest:,

A. Outside Interests .

(i) A Contract or Transaction between the National Women's Studies Association and a Responsible Person or Family Member.

(ii) A Contract or Transaction between the National Women's Studies Association and an entity in which a Responsible Person or Family Member has a Material Financial Interest or of which such person is a director, officer, agent, partner, associate, trustee, personal representative, receiver, guardian, custodian, conservator or other legal representative.

B Outside Activities .

(i) A Responsible Person competing with the National Women's Studies Association in the rendering of services or in any other Contract or Transaction with a third party.

(ii) A Responsible Person's having a Material Financial Interest in; or serving as a director, officer, employee, agent, partner, associate, trustee, personal representative, receiver, guardian, custodian, conservator or other legal representative of, or consultant to; an entity or individual that competes with the National Women's Studies Association in the provision of services or in any other Contract or Transaction with a third party.

C. Gifts, Gratuities and Entertainment . A Responsible Person accepting gifts, entertainment or other favors from any individual or entity that:

(i) does or is seeking to do business with, or is a competitor of the National Women's Studies Association; or,

(ii),has received, is receiving or is seeking to receive a loan or grant, or to secure other financial commitments from the National Women's Studies Association;

(iii)is a charitable organization operating in Maryland, under circumstances where it might be inferred that such action was intended to influence or possibly would influence the Responsible Person in the performance of his or her duties. This does not preclude the acceptance of items of nominal or insignificant value or entertainment of nominal or insignificant value which are not related to any particular transaction or activity of the National Women's Studies Association.

2. Definitions .

A. A "Conflict of Interest" is any circumstance described in Part 1 of this Policy.

B. A "Responsible Person" is any person serving as an officer, employee or member of the Governing Council of The National Women's Studies Association.

C. A "Family Member" is a spouse, domestic partner, parent, child or spouse of a child, brother, sister, or spouse of a brother or sister, of a Responsible Person.

D. A "Material Financial Interest" in an entity is a financial interest of any kind, which, in view of all the circumstances, is substantial enough that it would, or reasonably could, affect a Responsible Person's or Family Member's judgment with respect to transactions to which the entity is a party. This includes all forms of compensation.

E. A "Contract or Transaction" is any agreement or relationship involving the sale or purchase of goods, services, or rights of any kind, the providing or receipt of a loan or grant, the establishment of any other type of pecuniary relationship, or review of a charitable organization by the National Women's Studies Association. The making of a gift to the National Women's Studies Association is not a Contract or Transaction.

3. Procedures .

A. Prior to board or committee action on a Contract or Transaction involving a Conflict of Interest, a director or committee member having a Conflict of Interest and who is in attendance at the meeting shall disclose all facts material to the Conflict of Interest. Such disclosure shall be reflected in the minutes of the meeting.

B.A director or committee member who plans not to attend a meeting at which he or she has reason to believe that the board or committee will act on a matter in which the person has a Conflict of Interest shall disclose to the chair of the meeting all facts material to the Conflict of Interest. The chair shall report the disclosure at the meeting and the disclosure shall be reflected in the minutes of the meeting.

C..A person who has a Conflict of Interest shall not participate in or be permitted to hear the board's or committee's discussion of the matter except to disclose material facts and to respond to questions. Such person shall not attempt to exert his or her personal influence with respect to the matter, either at or outside the meeting.

D. A person who has a Conflict of Interest with respect to a Contract or Transaction that will be voted on at a meeting shall not be counted in determining the presence of a quorum for purposes of the vote. The person having a conflict of interest may not vote on the Contract or Transaction and shall not be present in the meeting room when the vote is taken, unless the vote is by secret ballot. Such person's ineligibility to vote shall be reflected in the minutes of the meeting. For purposes of this paragraph, a member of the Governing Council of the National Women's Studies Association has a Conflict of Interest when he or she stands for election as an officer or for re-election as a member of the Governing Council.

E. Responsible Persons who are not members of the Governing Council of the National Women's Studies Association, or who have a Conflict of Interest with respect to a Contract or Transaction that is not the subject of Board or committee action, shall disclose to the Chair or the Chair's designee any Conflict of Interest that such Responsible Person has with respect to a Contract or Transaction. Such disclosure shall be made as soon as the Conflict of Interest is known to the Responsible Person. The Responsible Person shall refrain from any action that may affect the National Women's Studies Association's participation in such Contract or Transaction.

In the event it is not entirely clear that a Conflict of Interest exists, the individual with the potential conflict shall disclose the circumstances to the Chair or the Chair's designee, who shall determine whether there exists a Conflict of Interest that is subject to this policy.

4. Confidentiality . Each Responsible Person shall exercise care not to disclose confidential information acquired in connection with such status or information the disclosure of which might be adverse to the interests of The National Women's Studies Association. Furthermore, a Responsible Person shall not disclose or use information relating to the business of the National Women's Studies Association for the personal profit or advantage of the Responsible Person or a Family Member.

5. Review of policy.

A. Each new Responsible Person shall be required to review a copy of this policy and to acknowledge in writing that he or she has done so.

B. Each Responsible Person shall annually complete a disclosure form identifying any relationships, positions or circumstances in which the Responsible Person is involved that he or she believes could contribute to a Conflict of Interest arising. Such relationships, positions or circumstances might include service as a director of or consultant to a nonprofit organization, or ownership of a business that might provide goods or services to The National Women's Studies Association. Any such information regarding business interests of a Responsible Person or a Family Member shall be treated as confidential and shall generally be made available only to the Chair, the Executive Director, and any committee appointed to address Conflicts of Interest, except to the extent additional disclosure is necessary in connection with the implementation of this Policy.

C. This policy shall be reviewed annually by each member of the Governing Council. Any changes to the policy shall be communicated immediately to all Responsible Persons.