Failure to adhere to the Code of Ethical Conduct can result in immediate termination of certification. If any statement set forth in this Code of Ethical Conduct is contrary to the law or public policy of any jurisdiction, such statement shall be void and of no force or effect in such jurisdiction.
Statement of Use PolicyThe Education Foundation of State Bank Supervisor's (EFSBS) name, certification designations, and emblems are solely the property of EFSBS and must be used in a manner that preserves and respects the full extent of the Foundation's rights and interests therein.In general, any reference to or use of the name of the Education Foundation of State Bank Supervisor and/or its certification designations must not be misleading or deceptive.Only once a certification designation has been granted may a participant utilize the designation's acronym and/or a statement of having earned an EFSBS certification designation. Use of the certification designation is acceptable for, but not necessarily limited to, business cards, stationary/letterhead, resumes or curricula vitae, and professional correspondence.EFSBS requires that its certification designations be used only in strict conjunction with the name of the participant to whom it has been granted and also requires that the designation not appear in type or lettering larger than that of the participant's name.Any individual who is no longer participating in the Certification Program, for any reason (including but not limited to nonpayment of dues, violation of the Code of Ethical Conduct, voluntary or involuntary termination of certification, etc.), must cease any and all use of the certification designation.
Decisions by the Certification CommitteeOnce the Certification Committee makes a decision regarding certification of an individual, it will notify the individual in writing as promptly as possible. The forms of possible Committee action are:Initial Certification:
Adverse Actions of the Certification CommitteeWhen measured against the standards for certification, an individual may, in the opinion of the Certification Committee, be found wanting. The nature and gravity of the deficiency will determine whether, in the judgment of the Committee, one of the following adverse actions should be taken, depending on the case:
Initial Certification (including Grandfathering):Deferral:
Re-Certification:Probation for a specified period of time
Denial of re-certification
Adverse Decision DefinitionsShow Cause:When the Committee finds an applicant to be in substantial non-compliance with its criteria or policies or when the applicant has not responded to the conditions imposed by the Committee, the Committee may ask the applicant to show cause why certification should not be denied. In such cases, the burden of proof will be on the applicant to demonstrate why his/her certification should not be denied.Termination of Certification:If, in the judgment of the Committee, an individual has not satisfactorily explained or corrected matters of which he/she has been given notice, his/her certification shall be terminated. In such a case, the individual must complete again the entire application process to re-qualify for certification. This action may be appealed.
Appeal ProceduresIn the event of a decision by the Certification Committee resulting in the denial of an initial certification (or re-certification), termination of certification, or the placement of an individual on probation, the individual may appeal the decision. Only the individual shall have the right of appeal. No other party shall be considered to have standing to pursue an appeal. The basis for this appeal must be that the Committee acted with alleged bias, departed from stated procedures, made a serious factual error, failed to consider all significant evidence, or rendered a decision that is arbitrary and capricious.
Should the individual appeal, certain procedures shall apply:
Note: Volunteers shall be sought for service on Appellate Committees (i.e., certified individuals will be asked if they would be willing to be placed on the Appellate Committee roster).
Termination of CertificationThe adverse actions that could lead to de-certification include deferral, denial, probation, show cause, and termination. Only denial, probation and termination may be appealed under the EFSBS guidelines. In addition, all individuals remain certified throughout any adverse action until, if applicable, the appeals process has been completed and the Appellate Committee has made a final decision.As part of the appeals process, an Appellate Committee of three, chosen by the individual and Certification Committee Chairman, and not having participated in any of the decisions of the affected individual will review the appeal.If the Appellate Committee's final vote is for the termination of certification of an individual, the de-certification notification procedures must be followed as outlined below:Whenever final de-certification action is to be taken by the Appellate Committee, EFSBS, under the signature of the Certification Committee Chairman, shall transmit a letter to the affected individual advising him/her of that final action and stating the reasons for the de-certification.Upon receiving notice of the termination of his/her certification, the individual must immediately cease any and all usage of the designation.