Code of Conduct FAQ - Complainant

What to Expect from the NSS Code of Conduct Process as the Complainant

Code of Conduct Page

This document lays out the process and steps that will occur if you are a Complainant after submitting a Code of Conduct Incident report to the National Speleological Society (NSS). 

Code of Conduct Incident Submissions need to go through the NSS submission form at conduct.caves.org. The NSS cannot begin a review until the submission form is received. Emailing or calling members of the Code of Conduct Team or other NSS volunteers or employees does not constitute an official incident submission. Starting with the form ensures that the NSS handles all submissions equally and without prior bias. Note: If you would prefer to remain anonymous or you would prefer not to have the NSS contact anyone involved, then please let your Primary Investigator know. Remaining anonymous may limit the NSS’s ability to gather information or take action. Note that the NSS Code of Conduct Team may report incidents to law enforcement under recommendation of the General Counsel or when there is a duty to report.   

The NSS will confirm your submission. If you did not get a confirmation email, then please reach out to conduct@caves.org for confirmation. 

After receiving the confirmation email, you will receive a follow-up email from the Primary Investigator, a member of the NSS Code of Conduct Investigative Team. They will be your primary point of contact during the process and can answer any questions you may have. Incident submissions are also forwarded to NSS General Counsel. From the beginning, all submissions and their investigations are under the direct control of the General Counsel for the Society and are attorney-client privileged.

Once a review begins, the Primary Investigator is likely to: 

  1. Contact you to document your full account. 
  2. Contact the Respondent to hear their account.
  3. Contact other individuals who may have relevant information. 
  4. Conduct follow-up outreach as needed.
  5. Consult with the Code of Conduct Team and prepare the Final Report and recommendations, if any, for NSS responses.
  6. Notify both the Complainant and Respondent of the outcome.

Code of Conduct Incident reviews take some time, as they involve getting information from multiple individuals. Both Complainants and Respondents are given 30 days to respond following a submission and first contact. The NSS will aim to complete Code of Conduct Incident reviews within 10 weeks. Disciplinary action that requires Board of Governors’ approval may take longer. The NSS will keep you updated of any delays as the process proceeds.

How does the NSS decide what action to take?

The NSS decides what action to take based on a good-faith review of the available information, using a preponderance of information standard (what is more likely than not), not a legal burden of proof.

Key factors include:

  • Impact on the NSS community and risk of future harm
  • Severity and context of the behavior
  • Credibility and consistency of the information provided
  • Whether the conduct appears isolated or part of a pattern
  • Jurisdiction and relevance to NSS activities
  • What response is proportionate and protective, not punitive

Actions are chosen to prevent further harm and support a safe, functional community, and may range from no action to formal disciplinary measures, depending on what is necessary and appropriate under the Code of Conduct.

What actions have been taken by the NSS in the past?

To protect confidentiality, the NSS does not publish outcomes from particular incident submissions. However, historically the NSS has taken actions that fall within these general categories, depending on the circumstances:

  • No Action.
  • Referral to Internal Organization (Grotto).
      1. For cases where an Internal Organization (grotto) has primary responsibility or relevant authority, the matter may be referred to them, consistent with the NSS Code of Conduct.
  • Explanation of expected behavior to primary parties.
    1. For minor Incidents or when the Incident information is uncertain, a Code of Conduct Team member, the Team Chair, the Executive Director, or the Chair of the Board of Governors may contact the Respondent to clarify expected behavior and community standards. 
    2. These conversations are intended to promote a welcoming environment without assigning blame but to prevent future potential harm. 
    3. Respondents should acknowledge their understanding of the expectations communicated. 
    4. A lack of engagement or refusal to participate in such discussions may be considered by the Code of Conduct Team in future reviews.
  • Suspension from NSS Events or Volunteering.
      1. This sanction requires a Board of Governors vote. 
      2. The suspension may be temporary or indefinite, and the duration will be documented in the Final Report.
      3. The NSS membership database will be updated to reflect this action.
  • Removal of an NSS member’s Good Standing, including revoking awards, fellowship status, etc.
      1. This sanction requires a Board of Governors vote. 
      2. This sanction may impact an individual’s ability to vote in NSS elections, hold certain volunteer positions, or run for the NSS Board of Governors. 
      3. This sanction may impact grotto-level status, if referenced in a grotto’s bylaws.
      4. The NSS membership database will be updated to reflect this action.
  • Suspension or removal of an individual's NSS Membership.
    1. This sanction requires a Board of Governors vote. 
    2. This action may be for a fixed term or indefinite and results in the loss of all NSS membership privileges, including participation in NSS activities and access to member benefits. This includes interacting with or being involved with NSS online activities, social media, etc.
    3. The NSS membership database will be updated to reflect this action.

In all cases, actions are chosen to be proportionate and protective, focused on preventing future harm and supporting a safe, respectful NSS community, and not chosen based on punishment.

What if the conduct happened outside NSS activities?

The Code of Conduct applies to all NSS members, volunteers, and participants in NSS programs, events, and activities. The review focuses on how conduct impacts the NSS community. The NSS does not have authority over conduct outside of the NSS’s programs, events, or activities, including interactions within other organizations like grottos. For this reason, grottos are required to maintain their own Code of Conduct or formally adopt the NSS Code of Conduct in order to maintain NSS affiliation. 

To protect confidentiality, the NSS does not act on behalf of or communicate decisions to outside organizations. The NSS does not publish outcomes from particular incident submissions, and does not share the outcomes with others unless actions against members may need to be shared internally, on a need-to-know basis, with NSS volunteers, event staff, front office staff, the NSS Board of Governors, or others, as appropriate. Note that the NSS Code of Conduct Team may report incidents to law enforcement under recommendation of the General Counsel or when there is a duty to report. The backend of the membership database will be updated to reflect if there are suspensions or changes to membership status.

Will I be told the outcome?

Yes, as the Complainant you will be notified when the review concludes, but details may be limited to protect confidentiality. Note that individuals submitting information as witnesses will not necessarily be told the outcome of the Incident Reviews. 

How long does the process take?

The NSS aims to resolve reviews of Incident Submissions within 10 weeks, but more complex reviews may take more time. Board action may also delay conclusion.

When will I receive updates?

You should expect periodic communication, generally at least every few weeks, even if there are no major updates.

Can I submit additional information?

If you have additional information outside of your initial submission, then please send it to the Primary Investigator when they contact you.

Is my identity kept confidential?

Yes. Incident Submissions and reviews are treated as confidential and shared only with those who have a legitimate need to know. To conduct a fair review, the Code of Conduct Team may need to share relevant details with individuals named in the submission. Prior to this happening, the Primary Investigator will discuss expectations with you. Please note that the NSS Code of Conduct Team may report incidents to law enforcement under recommendation of the General Counsel or when there is a duty to report.   

Who knows about this within the NSS?

Information from reviews is limited to the Investigative Team of the NSS Code of Conduct Team. Incident submissions are also forwarded to NSS General Counsel. From the beginning, all submissions and their investigations are under the direct control of the General Counsel for the Society and are attorney-client privileged. If needed, information will be shared with the Executive Director. Additionally, if the NSS response includes disciplinary actions that require a Board vote, then information about the incident and individuals involved will be shared with the Board.

The internal-side of the NSS membership database (only accessible by membership volunteers and employees) will be updated with information in cases where disciplinary action is taken against a member, such as banning them from NSS events, suspension or revocation of their NSS membership, or other action. NSS volunteers and employees may need to be informed of this change in membership status. This generally will be limited to the action taken and that individual’s name on a need-to-know basis. The Code of Conduct Team and Executive Director will determine whether notifications are needed and coordinate the effort.

Who will the NSS tell outside the organization?

The NSS does not inform outside organizations or individuals about its Code of Conduct Incident Submissions or reviews within the NSS. Note that the NSS Code of Conduct Team may report incidents to law enforcement under recommendation of the General Counsel or when there is a duty to report.

Am I required to participate?

Participation is expected after an Incident Submission. A refusal to engage after submission may make it difficult for the Code of Conduct Team to evaluate the available information. Complainants will be provided timelines to respond, schedule an interview, etc. to encourage timely resolution.

Can I appeal the decision?

No. Appeals apply only to Respondents. However, a case may be reconsidered if materially new information becomes available, at the discretion of the NSS Chair of the Board or the Executive Director.

Is this a legal process?

No. The process is not legal or punitive; it is intended to protect the NSS community and prevent future harm.

Glossary of Code of Conduct Terms

Code of Conduct Incident Submission

A formal NSS Code of Conduct Incident submission, done through conduct.caves.org, that initiates an Incident Review by the NSS Code of Conduct Investigative Team.

Complainant

The individual who submits a Code of Conduct Incident report to the NSS.

Incident Review

The good-faith process conducted by the NSS Code of Conduct Team to assess an Incident Submission at conduct.caves.org.

NSS Incident Response

The actions, recommendations, or outcomes determined by the NSS in response to an Incident Review. These are intended to protect the community and prevent future harm.

Primary Investigator

The Code of Conduct Team member assigned to coordinate the Incident Review, including information gathering, communication with involved parties, documentation, and preparation of the final report.

Respondent

The individual(s) identified in a Code of Conduct Incident Submission as having potentially violated the NSS Code of Conduct.

Supporting Witness

An individual who provides relevant information related to an Incident Submission but is not the Complainant or Respondent.