{"id":25,"date":"2024-04-04T03:17:39","date_gmt":"2024-04-04T00:17:39","guid":{"rendered":"https:\/\/sisu.ut.ee\/aktuaar\/disciplinary-process\/"},"modified":"2024-04-10T15:00:51","modified_gmt":"2024-04-10T12:00:51","slug":"disciplinary-process","status":"publish","type":"page","link":"https:\/\/sisu.ut.ee\/aktuaar\/disciplinary-process\/?lang=en","title":{"rendered":"Disciplinary Process"},"content":{"rendered":"

\n\tDisciplinary Process <\/span><\/span><\/span><\/strong><\/span>\n<\/p>\n

\n\tThe disciplinary process of the Estonian Actuarial Society (EAS) sets the procedure and rules for conducting disciplinary proceedings in the EAS, defines sanctions to members for disciplinary offences and describes the process of appeal. <\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tA disciplinary offence is a violation of the statutes, rules of procedure or decisions taken at the general meetings of the Society. It also includes any actions and\/or behaviours that can be seen as in violation of the professional Code of Ethics or the Code of Conduct of actuaries. <\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tIt is not only the members of the Society that have the right to file a complaint. Any individual or legal entity can file a complaint against a member of the Society. A member of the Society themselves can also initiate disciplinary proceedings to investigate their own conduct.\u00a0\u00a0 <\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tEvery member of the Society has the right for independent and objective disciplinary proceedings. <\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tDisciplinary Committee<\/span><\/span><\/span><\/b><\/span>\n<\/p>\n

\n\tIn order to proceed disciplinary offences, a Disciplinary Committee is formed.<\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tFive (5) assessors of the Disciplinary Committee (the Court) will be elected for a three-year term at the general meeting of the Society. The assessors can only be full members of the Society who have been members of the Society for at least three (3) years and have an impeccable reputation.<\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tTo handle each case, the elected assessors will appoint three persons among themselves to form a Court Panel. A member of the Court Panel cannot have a conflict of interest when proceeding the case. Should an actual or potential conflict of interest arise, the person appointed to the Court Panel must withdraw from the panel. A new member of the Court Panel will be appointed to replace them. <\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tThe Court will appoint a presiding judge among themselves.<\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tThe Court has the right to make a ruling if the entire Court Panel is present. A ruling is valid when 2\/3 of the Court panel is in favour of the ruling.<\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tOnce the Court has set the date for the hearing, it notifies the defendant at least twenty-one (21) days in advance. Upon the agreement of the parties, the matter can be discussed before the set date.<\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tThe member who is the defendant in the disciplinary proceeding undertakes to attend the hearing personally and participate in the procedural acts. The have the right to bring advisers to the hearing and also use the assistance of a defence council. The defendant has the right to submit written or oral evidence to the Court and give justifications to defend their behaviour.<\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tThe Court will discuss the offence while the defendant is present. In the case the defendant fails to attend the hearing for the second time, the discussion might be held without their presence. <\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tThe ruling is made at a closed Court session. The defendant is either found guilty or acquitted. The Court might decide to drop the proceedings, stop the discussion, and not make a ruling if it is found that the case is not in the authority of the Court.<\/span><\/span><\/span><\/span>\n<\/p>\n

\n\tDisciplinary sanctions<\/span><\/span><\/span><\/b><\/span>\n<\/p>\n

\n\tIf the Court has found a member of the Society to be guilty in the offence, one of the following sanctions will be applied, depending on the gravity of the matter:<\/span><\/span><\/span><\/span>\n<\/p>\n