2020 Code Of Ethics And Professional Conduct

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2020 Code of Ethics andProfessional ConductFROM THE OFFICE OF GENERAL COUNSELPreambleMembers of The American Institute of Architects are dedicated tothe highest standards of professionalism, integrity, and competence.This Code of Ethics and Professional Conduct states guidelines forthe conduct of Members in fulfilling those obligations. The Code isarranged in three tiers of statements: Canons, Ethical Standards,and Rules of Conduct: Canons are broad principles of conduct. Ethical Standards (E.S.) are more specific goals towardwhich Members should aspire in professional performanceand behavior. Rules of Conduct (Rule) are mandatory; violation of a Ruleis grounds for disciplinary action by the Institute. Rules ofConduct, in some instances, implement more than oneCanon or Ethical Standard.The Code applies to the professional activities of all classes ofMembers, wherever they occur. It addresses responsibilities to thepublic, which the profession serves and enriches; to the clients andusers of architecture and in the building industries, who help toshape the built environment; and to the art and science ofarchitecture, that continuum of knowledge and creation which isthe heritage and legacy of the profession.Commentary is provided for some of the Rules of Conduct. Thatcommentary is meant to clarify or elaborate the intent of the rule.The commentary is not part of the Code. Enforcement will bedetermined by application of the Rules of Conduct alone; thecommentary will assist those seeking to conform their conduct tothe Code and those charged with its enforcement.CANON IGeneral ObligationsMembers should maintain and advance theirknowledge of the art and science ofarchitecture, respect the body ofarchitectural accomplishment, contribute toits growth, thoughtfully consider the socialand environmental impact of theirprofessional activities, and exercise learnedand uncompromised professional judgment.E.S. 1.1 Knowledge and Skill:Members should strive to improvetheir professional knowledge andskill.Rule1.101In practicing architecture,Members shall demonstrate aconsistent pattern of reasonablecare and competence, and shallapply the technical knowledge andskill which is ordinarily applied byarchitects of good standingpracticing in the same locality.Statement in Compliance With Antitrust LawThe following practices are not, in themselves, unethical,unprofessional, or contrary to any policy of The American Instituteof Architects or any of its components:(1) submitting, at any time, competitive bids or price quotations,including in circumstances where price is the sole or principalconsideration in the selection of an architect;(2) providing discounts; or(3) providing free services.Individual architects or architecture firms, acting alone and not onbehalf of the Institute or any of its components, are free to decidefor themselves whether or not to engage in any of these practices.Antitrust law permits the Institute, its components, or Members toadvocate legislative or other government policies or actions relatingto these practices. Finally, architects should continue to consult withstate laws or regulations governing the practice of architecture.Statement on the Professional Standard of CareThe Code is not intended to suggest or define the standard of carean architect is required to meet in providing its professional services,and should not be used in a civil action against an architect asevidence that the standard of care has been breached. Finally,architects should continue to consult with state laws or regulationsgoverning the practice of architecture.Commentary: By requiring a “consistentpattern” of adherence to the common lawstandard of competence, this rule allows fordiscipline of a Member who more thaninfrequently does not achieve that standard.Isolated instances of minor lapses would notprovide the basis for discipline.E.S. 1.2 Standards of Excellence:Members should continually seekto raise the standards of aestheticexcellence, architecturaleducation, research, training, andpractice.E.S. 1.3 Natural and Cultural Heritage:Members should respect and helpconserve their natural and culturalheritage while striving to improvethe environment and the qualityof life within it.E.S. 1.4 Human Rights:Members should uphold humanrights in all their professionalendeavors.Rule1.401Members shall not engage inharassment or discrimination intheir professional activities on thebasis of race, religion, nationalorigin, age, disability, caregiverstatus, gender, gender identity,or sexual orientation.Commentary: Harassment may include,but is not limited to, offensive jokes, slurs,epithets or name calling, unwelcomephysical contact, or threats, intimidation,ridicule or mockery, insults or put-downs,offensive objects or pictures, andinterference with work performance. Pettyslights, annoyances, and isolated incidents(unless extremely serious) will not rise tothe level of violation of this Rule.

2020 CODE OF ETHICS AND PROFESSIONAL CONDUCTRule1.402Members shall not engage inconduct involving wantondisregard of the rights of others.Commentary: Wanton disregard under thisrule includes conduct taken in disregard of(1) a high degree of risk that theComplainant would be adversely affected,and (2) that risk would be apparent to areasonable person. “Reasonable person”is an objective standard and considerssomeone who uses such qualities asattention, knowledge, intelligence, andjudgement which a society requires of itsmembers to protect their own interests andthe interests of others. Wanton disregardunder this rule also includes engaging inconduct that is severe or pervasive enoughthat a reasonable person would consider itharassing, hostile, or abusive. This includes,but is not limited to, sexual misconduct,bullying, intimidation, or retaliation.E.S. 1.5 Design for Human Dignity and theHealth, Safety, and Welfare of thePublic:Members should employ theirprofessional knowledge and skillto design buildings and spacesthat will enhance and facilitatehuman dignity and the health,safety, and welfare of theindividual and the public.Rule1.403Members shall not knowinglydesign spaces intended forexecution.Commentary: The purpose of Rule 1.403is not to address individual positions oropinions. Rather, it is to codify howMembers choose to embrace the higheststandards of professionalism, integrity, andcompetence. They are part of a communityof regulated professionals who, throughtheir required education, training, andpractice, protect the health, safety, andwelfare of those who come into contactwith their work. The design of spaces forexecution is inconsistent with that ideal.Designing spaces intended to end humanlife is inconsistent with the ideal ofupholding human rights. What is lawfuland what is ethical are two separateinquiries; acting lawfully may not equate toacting ethically. With respect to Rule 1.403,Members should not be involved in thedesign of spaces intended for execution,regardless of whether execution is legallyauthorized.Rule1.404Members shall not knowinglydesign spaces intended fortorture, including indefinite orprolonged solitary confinement.Commentary: For the purpose of Rule1.404, solitary confinement shall bedefined as the confinement of prisonersfor twenty-two (22) hours or more per daywithout meaningful human contact.Prolonged solitary confinement shall bedefined as solitary confinement, as definedabove, for a time period in excess of fifteen(15) consecutive days.1E.S. 1.6 Allied Arts and Industries:Members should promote alliedarts and contribute to theknowledge and capability of thebuilding industries as a whole.CANON IIObligations to the PublicMembers should embrace the spiritand letter of the law governing theirprofessional affairs and should promoteand serve the public interest in theirpersonal and professional activities.E.S. 2.1 Conduct:Members should uphold the law inthe conduct of their professionalactivities.Rule2.101Members shall not, in the conductof their professional practice,knowingly violate the law.Commentary: The violation of any law, local,state or federal, occurring in the conduct of aMember’s professional practice, is made thebasis for discipline by this rule. This includesthe federal Copyright Act, which prohibitscopying architectural works without thepermission of the copyright owner. Allegationsof violations of this rule must be based on anindependent finding of a violation of the lawby a court of competent jurisdiction or anadministrative or regulatory body.1 Reference: UN Resolution 70/175, “United NationsStandard Minimum Rules for Treatment of Prisoners.”2Rule2.102Members shall neither offer normake any payment or gift to apublic official with the intent ofinfluencing the official’s judgmentin connection with an existing orprospective project in which theMembers are interested.Commentary: This rule does not prohibitcampaign contributions made in conformitywith applicable campaign financing laws.Rule2.103Members serving in a publiccapacity shall not acceptpayments or gifts which areintended to influence theirjudgment.Rule2.104Members shall not engage inconduct involving fraud.Commentary: This rule addresses seriousmisconduct whether or not related to aMember’s professional practice. Proof offraud must be based on an independentfinding of a violation of the law or a finding offraud by a court of competent jurisdiction oran administrative or regulatory body.Rule2.105If, in the course of their work ona project, the Members becomeaware of a decision taken by theiremployer or client which violatesany law or regulation and whichwill, in the Members’ judgment,materially affect adversely thesafety to the public of the finishedproject, the Members shall:(a) advise their employer or clientagainst the decision,(b) refuse to consent to thedecision, and(c) report the decision to the localbuilding inspector or otherpublic official charged with theenforcement of the applicablelaws and regulations, unlessthe Members are able to causethe matter to be satisfactorilyresolved by other means.Commentary: This rule extends only toviolations of the building laws that threatenthe public safety. The obligation under thisrule applies only to the safety of the finishedproject, an obligation coextensive with theusual undertaking of an architect.

2020 CODE OF ETHICS AND PROFESSIONAL CONDUCTRule2.106Members shall not counsel orassist a client in conduct that thearchitect knows, or reasonablyshould know, is fraudulent or illegal.E.S. 2.2 Public Interest Services:Members should render publicinterest professional services,including pro bono services, andencourage their employees torender such services. Pro bonoservices are those renderedwithout expecting compensation,including those rendered forindigent persons, after disasters,or in other emergencies.E.S. 2.3 Civic Responsibility:Members should be involved incivic activities as citizens andprofessionals, and should striveto improve public appreciationand understanding of architectureand the functions andresponsibilities of architects.Rule2.301Members making public statementson architectural issues shalldisclose when they are beingcompensated for making suchstatements or when they have aneconomic interest in the issue.E.S. 2.4 Environmental Equity and Justice:Members should promote fairnessand safety in providingprofessional services and makereasonable efforts to advise theirclients and employers of theirobligations to the environment,including: access to clean air,water, sunlight and energy for all;sustainable production, extraction,transportation and consumptionpractices; a built environment thatequitably supports human healthand well-being and is resistant toclimate change; and restoringdegraded or depleted naturalresources.Rule2.401When performing professionalservices, Members shall makereasonable efforts to inform theirclients of the potentialenvironmental impacts orconsequences the Memberreasonably believes may occur asa result of work performed onbehalf of the clients.CANON IIIObligations to the ClientMembers should serve their clientscompetently and in a professional manner,and should exercise unprejudiced andunbiased judgment when performing allprofessional services.E.S. 3.1 Competence:Members should serve theirclients in a timely and competentmanner.Rule3.101Rule3.102In performing professional services,Members shall take into accountapplicable laws and regulations.Members may rely on the adviceof other qualified persons as tothe intent and meaning of suchregulations.Members shall undertake toperform professional servicesonly when they, together withthose whom they may engageas consultants, are qualified byeducation, training, or experiencein the specific technical areasinvolved.Commentary: This rule is meant to ensurethat Members not undertake projects that arebeyond their professional capacity. Membersventuring into areas that require expertisethey do not possess may obtain that expertiseby additional education, training, or throughthe retention of consultants with thenecessary expertise.Rule3.103Members shall not materially alterthe scope or objectives of a projectwithout the client’s consent.E.S. 3.2 Conflict of Interest:Members should avoid conflicts ofinterest in their professionalpractices and fully disclose allunavoidable conflicts as they arise.Rule3.201A Member shall not renderprofessional services if theMember’s professional judgmentcould be affected byresponsibilities to another projector person, or by the Member’s owninterests, unless all those who relyon the Member’s judgmentconsent after full disclosure.3Commentary: This rule is intended to embracethe full range of situations that may present aMember with a conflict between his interestsor responsibilities and the interest of others.Those who are entitled to disclosure mayinclude a client, owner, employer, contractor,or others who rely on or are affected by theMember’s professional decisions. A Memberwho cannot appropriately communicate abouta

2020 CODE OF ETHICS AND PROFESSIONAL CONDUCT 3 Rule Members shall not counsel or 2.106 assist a client in conduct that the architect knows, or reasonably should know, is fraudulent or illegal. E.S. 2.2 Public Interest Services: Members should render public interest professional services, including pro bono services, and

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