So, You Want To Be a Director of Ethics…

A group of friends volunteering. July 22, 2024 By: Richard E. Shermanski

It’s an intriguing title, that’s for sure. Get answers to frequently asked questions about this important role in an association.

Stepping into a director of ethics role is both an honor and a significant responsibility. You are preparing to take the helm of maintaining and promoting ethical standards within and throughout your association by creating and distributing codes of ethics and ensuring that all members and employees understand and adhere to the organization’s ethical standards. This position is crucial for associations in today’s professional landscape as they manage the organization's ethics program while addressing ethical inquiries from its members, staff, volunteers, and even the public. It also helps maintain ethical standards and resolve dilemmas, ensuring the integrity and professionalism of the association's members and activities.

In this position you will be developing comprehensive guidelines that outline expected behaviors and principles and making these guidelines accessible through various communication channels. It may also involve accepting and adjudicating complaints, ensuring due process, and upholding the integrity of the association.

Your insight and skills will be crucial as associations are beginning to navigate the ethical implications of technological advancements responsibly. With the advancement of A.I., and other automated technology, it is important to have clear ethical guidelines and oversight to ensure your association’s standards are maintained, prevent misuse, and address these ever-emerging challenges effectively. Let’s answer a few common questions about this role.

Are You Required To Be an Attorney?

The short answer is no, you are not required to be an attorney to be the director of an ethics office. However, having a legal background can be extremely beneficial. Understanding the nuances of processing complaints, ensuring due process, and navigating the legalities of ethical issues can be complex. An attorney’s training provides a strong foundation in these areas, making it easier to handle the various legal aspects of the job.

It’s important to note that giving legal advice is generally reserved for the association’s chief legal officer (CLO) or approved outside counsel. This delineation ensures that legal matters are handled by those with the requisite legal expertise and credentials. This approach not only safeguards the association legally but also ensures that legal interpretations are accurate and reliable. What is most crucial is a solid understanding of ethical principles and a commitment to fairness and integrity. If you are not an attorney, consider taking courses in ethics and legal processes related to your field. Building a network of legal advisors or consultants who can assist you when complex legal questions arise is also a practical approach.

Am I Required To Be a Member of the Association or a Person Who Receives Specific Benefits From the Association?

Not necessarily, but that can vary based on the association. Some ethics directors do not need to be a member of the association or someone who receives specific benefits from it. In fact, there are arguments both for and against this. Being a member can offer insights into the association’s culture, values, and the specific challenges its members face. This insider perspective can be valuable in making informed and empathetic decisions. On the other hand, not being a member can also be beneficial. It allows for an independent and unbiased viewpoint, which is crucial when handling ethical complaints. An independent voice ensures that all members feel that their concerns will be considered fairly, without any potential conflicts of interest. Striking a balance between understanding the association’s workings and maintaining impartiality is key.

Should I Be Expected To Give Legal Advice to Our Members?

No, you should not be expected to provide legal advice to association members. The primary reason is that laws vary significantly from state to state, and it is unreasonable to expect one person to be an expert in all applicable laws, regulations, and requirements across the nation. Associations often have members from different states or even countries, further complicating the legal landscape. Your role is not to act as a legal advisor; however, you should be prepared to guide members on where they can seek appropriate legal assistance. This could involve directing them to their state bar association, where they can find licensed attorneys specializing in the relevant area of law. If the profession has specific licensing boards, these can also be valuable resources for legal and regulatory guidance.

Instead of providing legal advice, focus on creating clear ethical guidelines and procedures for your association’s members. Ensure that these guidelines are accessible and understandable for all members. Facilitating workshops or informational sessions on ethical practices and compliance can also be helpful. These initiatives not only educate members but also demonstrate the association’s commitment to ethical standards.

How Can I Navigate the Role With Integrity and Competence?

The foundation of this work lies in integrity, transparency, and fairness. Here are some additional tips for successfully performing the duties of an ethics director:

  • Develop clear policies and procedures. Establish and regularly update the ethics policies and, if applicable, complaint procedures. Ensure these documents are transparent, accessible, reflect your association’s policy, and are understandable to all members.
  • Foster an ethical culture. Promote ethical behavior through regular communication, training, and leading by example. Encourage members to uphold the association’s values and standards.
  • Seek continuous education. Ethics and legal landscapes are continually evolving. Stay updated on new developments through continuous education and professional development opportunities.
  • Build a support network. Collaborate with legal advisors, ethics consultants, and other professionals who can provide guidance and support when needed.
  • Encourage open dialogue. Create channels for open communication where members can voice their concerns and seek advice without fear of retaliation.

Being the director of an ethics office is a role that requires diligence, compassion, and a steadfast commitment to ethical principles. By focusing on fairness, transparency, and continuous learning, you can effectively guide your association in maintaining high ethical standards and fostering a culture of integrity.

Richard E. Shermanski

Richard E. Shermanski, Esq., is associate director, ethics adjudication, at the American Speech-Language-Hearing Association.