ETHICAL PRACTICES SYSTEM (EPS) SELF-DISCLOSURE POLICY

The ASL translation is provided by Rosemary Wanis, CDI and Star Grieser, M.S.Ed., CDI, ICE-CCP, CAE

Our legal counsel specializes in nonprofit organizations law, and representing associations and certification organizations, particularly in matters relating to member policies, ethics codes, and disciplinary matters. “It’s been my privilege to work with the Registry of Interpreters for the Deaf for several years, including on its work in updating its Ethical Practices System (EPS). RID asked me to address some of the principles that underlie its revised EPS policy. Although I am an attorney, I am not counsel for RID members or certificants individually. I am not providing legal advice in these remarks, only information on behalf of RID. Any individual seeking legal advice should be sure to consult with their own legal counsel” Julia Judish, JD.

Every association and certification organization needs to decide on the appropriate scope for its ethics codes and disciplinary policies. Credentials in some fields are primarily regarded by the public as indicating a level of technical knowledge, not an endorsement of the character of the credentialed individual. Other credentials, however, are issued in trust based professions such as therapists, medical providers, personal accountants, and sign language interpreters.

As a private organization, RID has the right to define who it endorses by conferring membership or certification on that individual, and also what the membership or certification means. RID certifications provide a level of credibility for interpreters and signal to customers and the public that the interpreter has met the baseline standard of effectiveness, quality, and also trustworthiness. Because of the nature of the interpreters role, interpreters are often made aware of information about their customers that their customers regard as highly sensitive, personal, or confidential.

Relying on interpreters places customers in a vulnerable position. For this reason, the RID Board decided that it was important to update the EPS policy to address not only conduct within the scope of a particular interpreter assignment, but also conduct that might jeopardize trust in the profession or raise substantial questions as to an individual’s fitness to work as an interpreter.

RID members and certificants must demonstrate a commitment to ethical conduct to remain certified.

Misconduct that results in criminal convictions or adverse licensure actions can be extremely serious and can indicate that an interpreter is not suitable to be placed in a position of trust, even if the offense occurred outside the context of an interpreter assignment. Offenses of this nature include, but are not limited to, convictions involving crimes of a sexual nature, stalking or harassment, actual or threatened violence, certain drug offenses reflecting active abuse of drugs, or fraud. On the other hand, not all criminal convictions or licensing actions should disqualify an individual from serving as an interpreter. Some convictions are for criminal offenses that don’t cast doubt on an individual’s reliability or character, or the individual may have rehabilitated themselves. But it is also impossible to create a definitive list of all relevant criminal convictions.

RID is a national organization. States have different criminal codes with different elements for the offenses and different standards for when an offense is a misdemeanor or a felony. For this reason, RID’s new EPS system requires members, certificants, and candidates only to disclose and provide information about criminal convictions and adverse licensing actions. The policy also asks for disclosure of civil proceedings and government investigations, but only if they are related to the interpreters’ business or professional activities. For example, a sexual harassment judgment against an interpreter for harassing a client would be relevant for RID to consider. Note that all of these categories - criminal convictions, licensing actions, and civil judgments - have in common that they occur in contexts where the interpreter will have had full due process.

Once a member, certificant, or candidate discloses this information, RID will make an individualized, fact-based determination about whether the underlying conduct is relevant to RID. By adding this process to the EPS, RID is bolstering the public’s trust in interpreters, and is therefore also enhancing the value of RID membership and certification for interpreters.

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The overall goal of the Ethical Practices System (EPS) reform is to protect the public, consumers, and uphold trust within the interpreting profession.

I will explain the process involved regarding the new policy.

During membership renewal, you will be asked four questions. These questions require you to answer and cannot be skipped. These four questions are designed to ensure all of our interpreters meet the highest professional and ethical standards. The four questions are as follows.

• Question 1 - Have you ever been convicted of a crime in any location, including under military or international law? This includes felonies or misdemeanors that have not been expunged and that you have not already reported to RID. A conviction includes pleading guilty, no contest, or nolo contendere.

• Question 2 - Do you currently have any pending criminal charges or legal complaints against you? This includes felony or misdemeanor charges, indictments, or cases where the court has delayed a decision. You do not need to report arrests that did not lead to charges. Do not include charges previously reported to RID unless there are new developments.

• Question 3 - Have you been or are you currently under investigation or disciplinary action by any government agency, state or local registration system, licensing board, regulatory body, or professional organization? This includes any complaints or disciplinary matters within the past 10 years, unless you have already reported them to RID and there are no new developments.

• Question 4 - Are you involved in any pending legal cases, government investigations, or have you received any legal judgments related to your interpreting business or professional activi- ties? This includes civil lawsuits or complaints. Do not include cases you have already reported to RID unless there are new updates.

If you answer yes to any of those questions, EPS staff will initiate an information gathering process. You will be sent an email with instructions to share further information regarding your history. The EPS will ask for information such as location, any courts, specific charges or convictions, deposition and or sentences, current status of sentence(s), employers at time of convictions or disciplinary actions, any facts you consider relevant to the convictions or disciplinary actions. The EPS will request copies of court orders showing the terms of any sentence(s) and documents showing completion of those terms if applicable. We also ask that you provide us with a short statement addressing your fitness for certification. The email will include a form and a link to upload your answers and documentation.

After the EPS receives all information requested, they will perform an individualized review. The EPS will consider:

• The seriousness of the crime

• Whether it relates to the performance of the duties as an interpreter

• How much time has elapsed since the crime or adverse action was committed

• If the crime or adverse action involved violence to or abuse of another person or involved a minor or individual of diminished capacity

• Whether the applicant is a repeat offender or subject to repeated disciplinary actions

EPS staff will confer with legal counsel for support and guidance when necessary. The EPS will make a determination if this information is or is not relevant to holding RID certification. If the determination is adverse and affects your certification status, you will be notified and will have an opportunity to request a review (second opinion) from our Review Board. The Review Board’s decision is final.

Where are these records stored? These records are stored in a separate database, not the same database used for membership profiles and records. This database is only accessible to EPS Staff and legal consultants. This is a secure platform used by CPAs, legal and healthcare entities to ensure compliance with standards and regulations.

Regarding privacy concerns. RID is collecting this information for our certificants; however, our privacy policy dictates the majority of criminal convictions are a matter of public record. If the EPS determines that a certain disclosure affects the interpreter’s suitability to practice and imposes sanctions, which are either upheld during an appeal or no appeal was filed, the EPS will publish the final decision. Publications do not disclose details of disclosures such as specific convictions or other adverse actions (i.e. similarly to how we publish violations of EPS Policy and/or the CPC).

If you would like to ask questions or want more information, please email EPSComments@rid.org We value you, our members, and we appreciate your commitment to upholding the standard of professionalism, integrity, and ethics for our Deaf, Hard of Hearing, DeafBlind, and diverse ASL-using communities that we serve.