Institute of Commercial Diplomacy and Arbitration
"Nicolae Titulescu"
Ethics Committee
ETHICS COMMITTEE MEMBERS
• President – prof. univ. dr. Gavrila Jan
• Member – prof. univ. dr. ____ _____
• General secretary – Grigore Mugurel
RULES
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RULES GOVERNING THE FUNCTIONING AND ORGANIZATION OF THE ETHICS COMMITTEE
I. Attributions and structure of the Ethics Committee for the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu”
Art. 1. The Ethics Committee for the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” is a structure independent of the Executive Institute of Commercial Diplomacy and Arbitration "Nicolae Titulescu, it shall operate under the Board of Directors of Levantine Committee Decisions / BALKANIK Handel Haus (Balkan Trade House) and the Law. 206/2004 regarding the conduct in scientific research, technological development and innovation, as amended and supplemented.
Art. 2. Ethics Committee for the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” has the following functions:
a) examines and resolves complaints about deviations from Institute ethics, based on complaints or internal inquiries, under the Code of Ethics and Deontology of the Institute of Commercial Diplomacy and Arbitration "Nicolae Titulescu";
b) prepares an annual report on the of compliance with the Institute and research activity ethics, which is submitted to the Chairman of the Administration Board (CA) and the Board of Directors of the Institute, which is a public document;
c) contributes to developing and amending the Code of Ethics and Deontology of the Commercial Institute of Diplomacy and Arbitration "Nicolae Titulescu", that is submitted to the Board of Directors of the Institute for adoption;
d) the duties established by the Law no. 206/2004, as amended and supplemented;
e) other duties prescribed by law or established according to the Charter of the Institute.Art. 3. Structure of the Ethics Committee:
a) The structure and composition of the ethics committee of the Institute are proposed and approved by the Administration Board. Professional prestige and moral authority are essential criteria for the composition of the Committee. It is recommended that the Committee include specialists in ethics and legal matters. The Committee comprises 3 members. The structure and composition of the Committee may be extended as necessary only at the proposal of the Administration Board.
b) Students practitioners have two representatives in the Ethics Committee.
c) There may not be members of the Institute ethics committee persons employed as Manager or Chancellor General.
d) The chairman directs the meetings of the committee, coordinates its work, represents it in relations with the management of the Institute of Commercial Diplomacy and Arbitration "Nicolae Titulescu" and other institutions.
e) The presence of members at the meeting is mandatory, the chairman being entitled to recommend the replacement of members who accumulate three consecutive unexcused absences or who accumulate five unexcused absences during an institutional year.
f) For serious violations of the Institute Ethics and operating rules of the Ethics Committee, members may be proposed for replacement by vote of two thirds of the committee members. Replacement recommendation is addressed to the Administration Board. New members may be added upon the proposal of the Administration Board.
g) The mandate of the Committee members is valid for 4 years.
h) The Committee is served by a general secretary within the General Secretariat of the Levantine Commission / BALKANIK Handel Haus (Balkan Trade House) – founding legal structure.II. Sending complaints to ethics committee
Art. 4. a) Everyone within the Institute may notify to the Ethics Committee misconduct of members of the community.
b) Ethics Committee keeps confidential the identity of the complainant.
Art. 5. It is recommended to notify the Committee only after using the right of petition and respecting the hierarchy of the Institute: Chancellor General, manager - for teachers, students, postgraduate, PhD; the Administration Board of the Institute - for administrative staff.Art. 6. The Committee may take notice of facts, circumstances or documents issued at different levels likely to breach the rules and principles of ethics in teaching, research and administrative activities and other aspects within the Institute.
Art. 7. The committee may be notified regarding facts of the Institute members, namely:
a) students practitioners,
b) teachers and researchers,
c) management staff,
d) administrative staff.Art. 8. The act that is supposed to represent misconduct from the Code of Ethics of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” will be notified in writing to the Registry of the Institute of Commercial Diplomacy and Arbitration ,”Nicolae Titulescu”. No anonymous complaints will be considered. Complaints shall be submitted in a sealed envelope marked “To the Ethics Committee”. Upon submission, the Registry staff will not record the name of the depositor, but will allocate only a registration number, recording the nature of the document: "Ethics committee complaint".
Art. 9. The written complaint addressing the Ethics Committee and stating deviations from the Code of Ethics shall contain:
a) identification data of the person who notifies the Committee (including contact details)
b) description of the action considered as deviation from the Code of Ethics of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” and the Law no. 206/2004, as amended and supplemented.
c) identification data of the person against whom the complaint is filed and any other information in order to resolve the complaint.
d) There will be explicitly indicated in the complaint the name of the person who is guilty of infringement, the facts alleged against him/her and the name of the claimant.Art. 10. Complaints that will not cover at least the elements indicated in the previous article shall not be taken into account by the Ethics Committee of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu”.
Art. 11. Following a complaint, the Institute ethics committee starts the procedures established by the Code of Ethics and Deontology and the Law no. 206/2004, as amended and supplemented. The Committee sends a reply to the claimant within 30 days from the receipt of the notification if the request is grounded and the procedure is launched / if the request is not justified and the procedure is not launched, the claimant receiving a report on the outcome of deliberations after their completion.
III. The Ethics Committee of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” operates according to the following procedures:
Art. 12. The Committee meets monthly or whenever necessary. The Ethics Committee shall sit in a meeting for analysing the complaints or internal enquiries on deviations from Institute ethics and from research in the shortest delay of the receipt thereof.
Art. 13. Where necessary, the Committee summons for hearing, by registered letter with acknowledgment of receipt or notification with acknowledgement signature, the person or representative of the entity that filed the complaint. Art. 14. In order to solve the notification, the person notified of failing to comply with the ethical standards of the Institute and research standards can be heard by the Ethics Committee or may be invited to submit the personal point of view in writing. The summoning will be made at least 5 business days before the hearing.
Art. 15. The Committee may summon for hearing upon the parties request or ex officio, any person who has information necessary to solve the case. The identity of the persons will be kept confidential.
Art. 16. The hearings and deliberations are held in secret meeting. Committee members and any other person who has access to documents and facts are required to maintain the confidentiality of hearings, deliberations and documents content.
Art. 17. If the Committee considers that the nature of the problem allows amicable reconciliation between the parties, and deviation from the ethics rules of the Institute is minor, this solution will be proposed to the parties; where reconciliation takes place, the Committee will take note of this, and the conflict between the parties ceases.
Art. 18. Where necessary, the Committee may invite experts or expert groups to be involved in the analysis and resolution of complaints.
Art. 19. Following the investigation and deliberations, the committee prepares a response or report including the following, if applicable:
a) Dismisses the complaint because considers that the impugned act does not meet a deviation from the rules or ethical principles. When the accusations are not confirmed, the report stays with the Committee. A copy of this report may be given to the accused party upon his/her request;
b) Accepts the notification and proposes a measure of punishment, depending on the seriousness of the offense.
c) Formulates proposals to remedy situations in which the Ethics Committee took action and acknowledges the good faith.Art. 20. Submits to the Institute Manager a report with proposals regarding the measures to be taken. The Manager decides the sanctions to be adopted against the person concerned.
Art. 21. The person who filed the complaint and against whom the complaint was filed in, shall be notified in writing of the conclusions reached by the Ethics Committee following the assessment and deliberation.
Art. 22. Ethics Committee decisions on handling the complaints regarding violations of the Code of Ethics shall be made by simple majority of committee members.
Art. 23. Following the analysis of deviations from the Code of Ethics, the Ethics Committee of the Institute of Commercial Diplomacy and Arbitration "Nicolae Titulescu" prepares a report on the facts analysed, noting the information justifying their analysis and evaluation, possibly points of view of committee members, where there were differences of opinion, and also the measures and sanctions decided.
Art. 24. Ethics Committee decisions are approved by the legal counsellor of Levantine Committee- Balkanik Handel Haus (Balkan Trade House) - the founding legal forum. Legal liability for the decisions and activity of the ethics committee is borne by the Levantine Committee/Balkanik Handel Haus (Balkan Trade House).
IV. Sanctions regarding the breaching of Institute ethics and good behaviour in research
Art. 25. The sanctions that may apply to the teaching and research staff and auxiliary teaching and research staff by the ethics committee of the Institute for breaching the Institute ethics or for deviations from the appropriate conduct in scientific research are the following:
a) written warning;
b) Basic salary reduction, cumulatively, when applicable, with management, guidance and control allowance;
c) suspension, for a determined period of time, of the right to apply for a competition in order to occupy a higher teaching position or a management, guidance and control position;
d) dismissal from the management of the Institute;
e) disciplinary termination of employment contract.Art. 26. The sanctions that may be applied by the Institute ethics committee to practitioners students for breaching the ethics principles are the following:
a) written warning;
b) scholarship suspension for a fixed period
c) withdrawal of the right to be accommodated within the Institute in the year following the infringement acknowledgement;
d) permanent withdrawal of the right to be accommodated in the Institute dorms;
e) expulsion;
f) other sanctions provided by the Code of Ethics of the Institute.Art.27. For administrative staff, the following sanctions are applicable:
a) written warning;
b) demotion, with the wage corresponding to the afferent position, for a period not exceeding 60 days;
c) reduction of basic salary for a period of 1-3 months with 5-10%;
d) reduction of basic salary and / or, where appropriate, and management allowance for a period of 1-3 months by 5-10%;
e) disciplinary termination of the individual employment contract.Art. 28. For deviations from the Code of Ethics and Professional Deontology, and for breaches of the conduct in scientific research and creation, the ethics committee of the Institute establishes one of the sanctions provided for in articles 25-27.
Art. 29. The sanctions proposed by the Committee shall be proportional to the offense committed and the damage caused by it.
Art. 30. The sanctions determined by the Ethics Committee of the Institute shall be implemented after approval by the lawyer and shall be implemented by the manager within 30 days after approval.
V. Appeals
Art. 31. Ethics Committee decisions regarding the proposed sanctions for violations of the Code of Ethics may be appealed within 15 days of notification.
VI. Confidentiality
Art.32. During the analysis of the notification of an act of deviation from the Code of Ethics, third parties will not be allowed the access to the file, except national bodies authorised to investigate the offence.
Art.33. Third party access to a file registered to the Ethics Committee is prohibited also after the evaluation, with the following exceptions:
1. members of appeal body;
2. members of the Council of Ethics within the Levantine Commission / BALKANIK Handel Haus (Balkan Trade House);
3. competent national bodies, when the fact is subject to official investigations and data confidentiality;VII. Conflict of interest
Art. 34. If, during the analysis of an offense alleged to be a violation of the Code of Ethics, a member of the Ethics Committee is in conflict of interests, he/she will withdraw from the evaluation activity. In case of vote, he/she shall abstain from voting.
VIII. Final Provisions
Art. 35. The costs incurred in the operation of the Ethics Committee are covered from revenues of the Institute of Commercial Diplomacy and Arbitration "Nicolae Titulescu", by decision of the Administration Board Chairman (CA).
Art. 36. All communications and all information concerning the activity of the Ethics Committee are released only through specialized structures of the Institute.
Art. 37. The rules governing the operation of the Ethics Committee may be modified only with the consent of the Administration Board of the Institute of Commercial Diplomacy and Arbitration "Nicolae Titulescu". Upon the approval by the Administration Board of the regulation herein, all previous provisions that are contrary to its clauses are abrogated.
This Regulation was adopted at the meeting of the Administration Board of the Institute of Commercial Diplomacy and Arbitration "Nicolae Titulescu" dated March 17th 2015, the effective date. OPERATING PROCEDURES
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OPERATING PROCEDURES
The Ethics Committee for the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” operates according to the following procedures:
The Committee meets monthly or whenever necessary. The Ethics Committee shall sit in a meeting for analysing the complaints or internal enquiries on deviations from Institute ethics and from research in the shortest delay of the receipt thereof.
Where necessary, the Committee summons for hearing, by registered letter with acknowledgment of receipt or notification with acknowledgement signature, the person or representative of the entity that filed the complaint.
In order to solve the notification, the person notified of failing to comply with the ethical standards of the Institute and research standards can be heard by the Ethics Committee or may be invited to submit the personal point of view in writing. The summoning will be made at least 5 business days before the hearing.
The Committee may summon for hearing upon the parties request or ex officio, any person who has information necessary to solve the case. The identity of the persons will be kept confidential.
The hearings and deliberations are held in secret meeting. Committee members and any other person who has access to documents and facts are required to maintain the confidentiality of hearings, deliberations and documents content.If the Committee considers that the nature of the problem allows amicable reconciliation between the parties, and deviation from the ethics rules of the Institute is minor, this solution will be proposed to the parties; where reconciliation takes place, the Committee will take note of this, and the conflict between the parties ceases.
Where necessary, the Committee may invite experts or expert groups to be involved in the analysis and resolution of complaints.
Following the investigation and deliberations, the committee prepares a response or report with proposals on appropriate measures to be taken, and submits it to the Manager. The Manager decides the sanctions to be adopted against the person concerned.
The person who filed the complaint and against whom the complaint was filed in, shall be notified in writing of the conclusions reached by the Ethics Committee following the assessment and deliberation.
Ethics Committee decisions on handling the complaints regarding violations of the Code of Ethics shall be made by simple majority of committee members.
Ethics Committee decisions are approved by the legal counsellor of Levantine Commission- Balkanik Handel Haus (Balkan Trade House) - the founding legal forum.
All press releases and all information concerning the business of the Ethics committee shall be disseminated only through specialized structures of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu”.
SENDING COMPLAINTS
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SENDING COMPLAINTS TO ETHICS COMMITTEE
Everyone, within or outside the Institute, may notify to the Ethics Committee a misconduct of members of the Institute community. Ethics Committee keeps confidential the identity of the complainant.
It is recommended to notify the Committee only after using the right of petition and respecting the hierarchy of the Institute: Chancellor General, manager - for teachers, students, postgraduate, PhD; the Administration Board of the Institute - for administrative staff.
The Committee may take notice of facts, circumstances or documents issued at different levels likely to breach the rules and principles of ethics in teaching, research and administrative activities and other aspects within the Institute.The act that is supposed to represent misconduct from the Code of Ethics of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” will be notified in writing to the Registry of the Institute of Commercial Diplomacy and Arbitration ,”Nicolae Titulescu”. No anonymous complaints will be considered. Complaints shall be submitted in a sealed envelope marked “To the Ethics Committee”. Upon submission, the Registry staff will not record the name of the depositor, but will allocate only a registration number, recording the nature of the document: "Ethics committee complaint."
The written complaint addressing the Ethics Committee and stating deviations from the Code of Ethics shall contain:
a) identification data of the person who notifies the Committee (including contact details)
b) description of the action considered as deviation from the Code of Ethics of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu” and the Law no. 206/2004, as amended and supplemented.
c) identification data of the person against whom the complaint is filed and any other information in order to resolve the complaint.
d) There will be explicitly indicated in the complaint the name of the person who is guilty of infringement, the facts alleged against him/her and the name of the claimant.
Complaints that will not cover at least the elements indicated in the previous article shall not be taken into account by the Ethics Committee of the Institute of Commercial Diplomacy and Arbitration “Nicolae Titulescu”.Following a complaint, the university ethics committee starts the procedures established by the Code of Ethics and the Law no. 206/2004, as amended and supplemented. The Committee sends a reply to the claimant within 30 days from the receipt of the notification if the request is grounded and the procedure is launched / if the request is not justified and the procedure is not launched, the claimant receiving a report on the outcome of deliberations after their completion.