Code of Conduct FAQ - General

Code of Conduct Page

What is the purpose of the NSS Code of Conduct?

To protect the NSS community by defining unacceptable behavior and providing a fair, consistent process to address conduct that undermines trust, safety, and fellowship. The end goal is to provide a welcoming environment where members can accomplish the goals of the NSS Mission Statement.

Who does the NSS Code of Conduct apply to?

The Code of Conduct applies to all NSS members, volunteers, and participants in NSS programs, events, and activities. 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.

What does the NSS consider to be Code of Conduct concern?

According to the NSS Code of Conduct, the following behaviors are considered unacceptable to occur at NSS events and activities (online and in-person): 

  • Discrimination, where an individual's right to be a member, employee, or volunteer in the NSS is denied on the basis of the applicant's age, race, sexual orientation, gender, gender expression or gender identity, religion, disability, national origin, genetic information, pregnancy or maternity, or military status. 
  • Harassment, including but not limited to offensive verbal comments or physical actions related to age, physique, disability, ethnicity, sex characteristics, gender identity and expression, education, socio-economic status, nationality, personal appearance, race, religion, or sexual identity and orientation. Sexual harassment is a subset of harassment that specifically includes unwanted behavior or words that are sexual in nature, including but not limited to, displaying sexual images in public spaces, stalking, inappropriate physical contact, and unwelcome sexual or persistent romantic attention. 
  • Threats, including statements or actions that imply, explicitly or implicitly, intent to harm.
  • Blatant “-isms,” statements that are explicitly antagonistic to a person’s identity. This includes, but is not limited to, statements about age, physique, disability, ethnicity, sex characteristics, gender identity and expression, education, socio-economic status, nationality, personal appearance, race, religion, or sexual identity and orientation (for example, racist, sexist, or homophobic statements).

Is retaliation a violation of the NSS Code of Conduct?

Yes. Retaliation is a form of threat, where one person takes actions against another after engaging in protected activities, like reporting a Code of Conduct violation. 

If there is a concern about retaliation or the personal safety of the Complainant or witnesses, which prevents them from sharing the complete details of an Incident with anyone, then the Code of Conduct Team needs to know this. Although the NSS may not be able to take direct action in a case because of the risk of retaliation, with a Complainant’s permission, the NSS will still collect statistics on the prevalence of such incidents within the Society.

How do I report a Code of Conduct concern?

To report a concern that happened at an NSS event or activity, submit a formal Incident Submission at conduct.caves.org. Reports must go through that form or the NSS will not initiate a review.

If someone at an NSS event or activity is in immediate danger from criminal activity (e.g., physical assault, sexual assault) or in a dangerous situation (e.g., fearing injury, someone will hurt themselves), or if witnessing a crime, then please contact Law Enforement immediately. Call 911.

What happens when the NSS receives a Code of Conduct Incident Submission?

Incident submissions go to the Code of Conduct Investigative Team and are 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.

Incident reviews will only focus on how actions and/or conduct impacts (or has impacted) the NSS membership community based on the Incident Submission form. The NSS and the Code of Conduct Team cannot replace Law Enforcement. The Code of Conduct Team is not a court of law, and it does not determine fact or culpability. The NSS will not conduct its own investigation beyond the information they are given or unless otherwise publicly available.

The NSS will initiate an Incident Review by assigning a Primary Investigator from the Code of Conduct Investigative Team. Once a review begins, the Primary Investigator, with another person from the team, will typically:

  1. Contact the Complainant to hear their account
  2. Contact the Respondent to hear their account.
  3. Contact other individuals who may have relevant information. 
  4. Conduct follow-up outreach to Supporting Witnesses, as needed.
  5. Consult with the Code of Conduct Team and prepare recommendations, if any, for NSS responses.
  6. Notify both the Complainant and Respondent of the outcome when the review has concluded. To protect confidentiality, the NSS does not publish outcomes from particular incident submissions nor 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. The membership database will be updated to reflect if there are suspensions or changes to membership status.

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 available information (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 kinds of actions can result from a Code of Conduct review?

The NSS has taken actions against members that fall within these general categories, depending on the circumstances:

  • No Action.
  • Referral to Internal Organization.
      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 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 NSS member’s Good Standing.
      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.

Who is on the Code of Conduct Team?

At present, the Team is composed of the Executive Director, the NSS General Counsel, and a few vetted members appointed by the Executive Director. The Committee is organized into two sub-teams:

  1. An Investigative Team tasked with incident reviews.
     
  2. An Education & Outreach Team tasked with proactively informing and supporting membership and Internal Organizations about the Code of Conduct.

This separation allows reviews to remain confidential while still providing transparent, proactive education to the membership.

Is the Code of Conduct process confidential?

Yes. Incident Submissions, reviews, and outcomes are handled confidentially and shared only with those who have a legitimate need-to-know. 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 internal-side of the NSS membership database, which is only accessible by a handful administrators (member-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 of NSS membership for a set time-period, or total revocation of NSS membership. General NSS membership cannot see these internal notes on file. 

Volunteers and employees may become informed of a change in membership status if working for events (e.g., Convention) or other NSS activities if disciplinary action is taken against a member, as listed above. The Code of Conduct Team and Executive Director will determine whether notifications are needed and coordinate the effort.

As part of confidentiality, Incident Submissions are stored in a secure, independent server environment with limited access.

Is this a legal or disciplinary process?

No. Although Incident submissions are forwarded to NSS General Counsel, and investigations are under the direct control of the General Counsel for the Society being attorney-client privileged, the NSS Code of Conduct process is not a legal proceeding, not mediation, and not intended to punish. Actions focus on preventing future harm to the community. 

Can an Incident Submission form be filled out for Code of Conduct violations that happen at non-NSS events?

The NSS Code of Conduct process applies to conduct that occurs during NSS programs, events, and activities. This includes NSS communication and social media channels, volunteer activities, and other NSS-affiliated activities.

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. The NSS also does not act on behalf of or communicate decisions to outside organizations.

What about conduct at grotto events and activities?

Grottos and other NSS Internal Organizations (IOs) are required to maintain their own Code of Conduct policies in order to remain affiliated with the NSS. The NSS does not directly control the contents of those policies, nor does it oversee the day-to-day events or actions of grottos. As a result, Code of Conduct concerns arising from grotto activities are best addressed at the local level by the grotto or IO itself.

However, the NSS maintains guidance materials to assist grottos and other IOs in addressing Code of Conduct concerns internally. The Code of Conduct Team may also respond to general, non-incident-specific questions from IOs. This guidance is not legal advice. The NSS does not and will not act on behalf of IOs, but may provide information regarding NSS policies, bylaws, Robert’s Rules of Order, and related governance mechanisms to help IOs in handling their specific situations.

Does the Code of Conduct committee notify a grotto or grottos about bad actors?

No. The NSS does not have jurisdiction over grottos or other IOs. Grottos and other NSS Internal Organizations (IOs) are required to maintain their own Code of Conduct policies in order to remain affiliated with the NSS. The NSS does not directly control the contents of those policies, nor does it oversee the day-to-day events or actions of grottos. As a result, Code of Conduct concerns arising from grotto activities are best addressed at the local level by the grotto or IO itself.

What does it mean to be a “Member in Good Standing?”

One disciplinary action the NSS may take against a member who violated the Code of Conduct is to revoke that member’s “Good Standing” within the Society. This has immediate effects under the NSS Bylaws. Members who have had their good standing revoked may not: 

  1. Vote in NSS elections. 
  2. Run for the NSS Board of Governors or hold office or employment in the Society.
  3. Volunteer with the NSS. 
  4. Serve on a grotto governing board or as a grotto officer, as stipulated in the NSS Bylaws.
  5. Serve as a Congress of Grottos delegate, as stipulated in the NSS Bylaws.

Grottos and other NSS Internal Organizations may have additional consequences defined in their own Bylaws for individuals who lost their “good standing” as an NSS member.

What due process does the accused have?

“Due Process” is a legal concept that applies to government actions, and is not relevant to the NSS Code of Conduct process.The NSS Code of Conduct Team cannot replace Law Enforcement. The Code of Conduct Team is not a court of law, and it does not determine fact or culpability. The NSS will not conduct its own investigation beyond the information they are given or unless otherwise made publicly available.

The NSS pursues a fair and consistent process defined in its Bylaws and Code of Conduct policies. The goal is to protect the membership community and the Society’s mission, not to adjudicate legal rights or impose criminal penalties. The review focuses on how conduct impacts (or impacted) the NSS community. 

An individual identified as a Respondent is entitled to a fair, consistent, and good-faith review process. This includes:

  • Being informed of the Incident and the concern about their conduct
  • Having the opportunity to share their account 
  • Having the matter reviewed by multiple members of the Code of Conduct Investigative Team using a preponderance of available information

What is the timeframe for handling such charges?

The NSS aims to resolve incident submission reviews within 10 weeks. More complex reviews may require more time. Additionally, disciplinary action that requires Board of Governors’ approval may also lengthen the process. The Code of Conduct Team will keep all parties informed as to the process and timeline.

How does the NSS handle repeat cases or consistent behavior problems by an individual?

The NSS maintains confidential, long-term records of prior Code of Conduct Incident submissions and outcomes. If an individual is involved in subsequent incidents, then relevant past findings would be considered in subsequent incidents. Although each incident is reviewed on its own merits, repeated misconduct may demonstrate an ongoing disregard for obligations to the community, and any NSS response may take that history into account.

How does the NSS Code of Conduct apply to members in leadership roles?

Individuals serving in NSS leadership and volunteer roles are expected to model conduct consistent with the Society’s values. Leadership carries additional responsibilities regarding behavior and trust. Because of this, the NSS may take into consideration how a leader’s or volunteer’s misconduct may have impacted the community because of their position when deciding any potential actions.

How does the NSS handle incidents that may involve criminal conduct?

The NSS Code of Conduct process is separate from the criminal justice system. The NSS does not investigate crimes or replace Law Enforcement. If conduct or an incident at an NSS event or activity may involve criminal activity, then individuals are encouraged to contact appropriate legal authorities while also notifying the NSS through the formal Incident Submission at conduct.caves.org. 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.

If someone at an NSS event or activity is in immediate danger from criminal activity (e.g., physical assault, sexual assault) or in a dangerous situation (e.g., fearing injury, someone will hurt themselves), or if witnessing a crime, then please contact Law Enforement immediately. Call 911. 

The primary concern of the NSS when responding to Code of Conduct violations is preventing further harm to the NSS community. Reviews focus on the impact of conduct on the NSS community, not on determining guilt or imposing punishment. Any internal actions are taken with that purpose in mind.

However, if materially new information becomes available after the conclusion of an NSS Code of Conduct Incident Review, including criminal charges or convictions, then the NSS may reconsider their actions consistent with the Code of Conduct. This may include modifying or increasing the severity of prior actions or sanctions. Reconsiderations can only be initiated by the Chair of the Code of Conduct Team or the Executive Director. 

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.