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Board of Directors ~ 7/29/2018(2)

Adopting a Code of Conduct for Affiliated Persons 

July 29, 2018

All Affiliated Persons of the National Association of Criminal Defense Lawyers (“NACDL”) are subject to the terms of the Code of Conduct noted below for the duration of their affiliation with NACDL even though they are not an NACDL employee. An “Affiliated Person” is defined as anyone, who at the request of or with the permission of NACDL, does work on behalf of NACDL, or is present in NACDL offices or at NACDL events wherever they take place. This definition includes but is not limited to members of the Board, leadership, NACDL employees, interns, contractors, volunteers, vendors, participants, seminar or program registrants, event guests and event speakers.

The Code of Conduct will be available to all Affiliated Persons before their affiliation with NACDL begins, for example, but not limited to, at the time their volunteer service begins, when they execute a contract, register for an event, and on site at the event. Failure to comply with the terms of the Code of Conduct could result in immediate termination, removal, or other ramifications for the Affiliated Person as determined by NACDL.

Prohibition of Discrimination or Harassment 

NACDL endeavors to foster a working, learning, and social environment free of harassment, discrimination, intimidation and insult. NACDL prohibits any discrimination or harassment of our employees and program attendees based on a person’s race, color, gender, national origin, age, disability, religion, sexual orientation, or any other ground prohibited by the federal government, District of Columbia, relevant state or local law (“protected status”).

Prohibition of Offensive Behavior & Remarks 

Because NACDL is committed to providing an environment free from offensive behavior or statements directed at a person’s race, gender, ethnicity, or any other protected status at the NACDL workplace and NACDL events, NACDL prohibits offensive behavior and remarks, on any of these bases. Discrimination and harassment do not require the intent to offend. Thus, inappropriate conduct or language based on one’s protected status meant as a joke, a prank, or even a compliment can lead to or contribute to harassment.

The types of prohibited behavior include, but are not limited to, the following:

1. Any offensive or demeaning conduct, comment, remark, or epithet referring to race, gender, ethnicity, or other protected status, including that which is intended as humor;

2. Use of NACDL’s property to display or store material unrelated to NACDL’s business purpose that is demeaning or offensive on the basis of race, gender, ethnicity, or other protected status, including but not limited to nude or suggestive photographs;

3. Sharing or displaying any item or material unrelated to NACDL’s business purpose that is demeaning or offensive on the basis of race, gender, ethnicity, or other protected status;

Prohibition of Sexual Harassment and Similar Behavior 

NACDL prohibits unwelcome sexual advances, requests for sexual favors, and other verbal or physical behavior of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive environment and we require all Affiliated Persons to conduct themselves consistent with these standards.

Professional Conduct and Business Etiquette 

NACDL deals with many segments of the public, including members of the press and news media, the general public, and public officials and their staffs. The prestige, reputation and credibility of NACDL depend on all who participate in NACDL events to adhere to these standards of conduct. For these reasons, all Affiliated Persons during the tenure of their affiliation are expected to conduct themselves in a courteous and professional manner, and to maintain such ethical and moral standards in their activities on behalf of the NACDL so as to treat NACDL employees and other event attendees with the respect they deserve and to avoid any injury to, or unfavorable reflection on, NACDL.

Substance Abuse Policy 

NACDL prohibits Affiliated Persons from possessing illegal drug paraphernalia or being under the influence of illegal drugs, narcotics, depressants, stimulants, or any other illegal substance which affects the senses, while on NACDL’s premises, while performing NACDL business, or while attending NACDL events. NACDL also prohibits Affiliated Person from being impaired from the use of alcohol, marijuana, or prescription drugs while on NACDL’s premises, while performing NACDL business, or while attending NACDL events. This policy does not apply to the moderate use of alcohol at or during NACDL-sponsored social functions provided that such use has no negative effect on the individual’s judgment, demeanor, behavior, or work performance.

Workplace Safety 

NACDL places the safety and security of people as its first priority. As part of NACDL’s commitment to ensure the well-being of our event attendees, NACDL has a no-weapons policy for NACDL locations. This is irrespective of whether an individual has a concealed weapons permit, or whether the State permits carrying weapons. The only exception to this rule is off-duty law enforcement officers who carry weapons as part of their official role. Affiliated persons may not bring weapons to NACDL office locations or events.

Reporting Violations of this Policy 

NACDL will designate an NACDL employee at all NACDL events to be available to hear and act upon any violation of this policy. NACDL will not tolerate, engage in, or allow retaliation against any individual who reports misconduct pursuant to this policy, assists or participates in an investigation, or files an administrative charge or lawsuit alleging harassment of discrimination. All reports will be responded to promptly and thoroughly, with an impartial investigation conducted where needed to confirm facts or resolve disputed facts. All complaints will be handled as confidentially as possible and information will only be shared on a “need to know” basis. The final determination and any remedial action shall be subject to the approval of the executive director or such other person as designated by the executive director. Any alleged violation of this policy by an officer, past president, or member of the Board of Directors shall be referred to the Internal Complaint Committee pursuant to NACDL’s Personal Conduct Policy.

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