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Weekly UpdatesEach IREM Member has a responsibility to provide the Institute of Real Estate Management with any significant factual information that reasonably suggests another member may have violated the IREM Code of Professional Ethics. A complaint alleging a violation of the code of ethics may be filed by another IREM Member, an employer, a tenant, a resident, a supplier, a vendor or a member of the public. Such information must be presented as outlined in the IREM Bylaws and Statement of Policies.
What does that mean for me if I have knowledge of a violation of this code?
It means you must report the infraction to the Institute. You must also have documentation of proof available, should the Ethics and Discipline Committee wish to proceed with an investigation into the alleged violation. The proof needed, in accordance with the Institute's Code of Ethics, must be clear, strong and convincing. It is defined as "that measure or degree of proof which will produce a firm belief or conviction as to the allegations sought to be established." The burden of proof shall be on the person who files the complaint (the complainant) and not on the accused (the respondent).
Over the past three years, I have had the privilege to sit on several hearing boards and determine the measure of guilt on several alleged infractions. Before making a formal complaint, there are two important questions you need to answer: Did the member act unethically in standard business practices? And second, can you prove beyond a reasonable doubt, that the respondent is guilty of unethical wrongdoing?
As the complainant, it may seem like you are under the magnifying glass as you attempt to prove an IREM. Member has acted unethically. I know this may discourage a lot of you from making a formal complaint, but please remember, you have a duty to report. Just make sure you approach that report like an attorney and dig for every piece of evidence that can support your complaint.
by Debra Hill Fox, CPM[R], ARM[R]
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