An Ethics Hearing is a serious matter.  It should be treated with the proper respect by all parties.  Keep in mind that the Ethics Hearing has very specific rules for procedure and due process.  It is viewed seriously by the members of the Grievance and Professional Standards Committees, in that it is the process by which SEIBR ensures that its members understand and abide by the Code of Ethics and are held accountable for their actions as REALTORS in their business transactions.  A hearing and its outcome has serious implications for those charged with violating the Code of Ethics.

Familiarize yourself with the hearing procedures that will be followed. In particular you will want to know about challenging potential panel members, your right to counsel, calling witnesses, and the burdens and standards of proof that apply.

Complainants have the ultimate responsibility ("burden") of proving that the Code of Ethics has been violated. The standard of proof that must be met is "clear, strong and convincing," defined as, ". . . that measure or degree of proof which will produce a firm belief or conviction as to the allegations sought to be established." Consistent with American jurisprudence, respondents are considered innocent unless proven to have violated the Code of Ethics.

Be sure that your witnesses and counsel will be available on the day of the hearing. Continuances are a privilege - not a right.

Be sure you have all the documents and other evidence you need to present your case.

Organize your presentation in advance. Know what you are going to say and be prepared to demonstrate what happened and how you believe the Code of Ethics was violated.  Keep in mind that the hearing panel can only decide whether or not a specific article of the Code of Ethics was violated.  They are the Standards of Practice and Case Interpretations associated with the Code of Ethics can not be violated -- they are used solely for the purpose of clarifying the Code of Ethics.

Please be on time.  They hearing panel and other parties to the hearing, including witnesses are taking time away from their business and/or personal interests in order to participate in the hearing.  Please show consideration to them and respect for the process.

If there is any aspect of the hearing process that you do not understand, please ask for clarification from the hearing panel or the Professional Standards Administrator, immediately.

For further information about preparing for an Ethics hearing, please contact Sue Page, Professional Standards Administrator at spage@seibr.com.