Ethics Process & Code of Conduct

The Indiana Democratic Party (“IDP”) has established an Ethics Committee (Rule 15 (o)) to review alleged Code of Conduct (Appendix B) complaints. The process for reporting, reviewing, and providing recommendations as a result of Code of Conduct complaints is detailed below.

Download the full Ethics Process HERE
Download the full Code of Conduct HERE
Submit a Code of Conduct Violation HERE

Ethics Committee Chair: Former State Rep. Terri Austin. Email: [email protected] (Please Email the Ethics Chair directly for any conduct violations reported against the Party Chair or Executive Director)

1. All complaints alleging a Code of Conduct violation shall be submitted via the proscribed form available from the Indiana Democratic Party. Forms are to be submitted to the Executive Director of the Indiana Democratic Party who shall forward the form and any submitted documentation within 72 hours to the Chair of the IDP Ethics Committee and the State Party Chair. Any allegation made against the Executive Director or the IDP State Party Chair shall be submitted to the Ethics Committee Chair directly via email with the information required by the form.
   • a. Any complaint submitted must include the following information:
     • i. The name and contact information of the complainant;
     • ii. Identify the portion of the IDP Code of Conduct alleged to have been violated;
     • iii. The date, circumstances, and location of the alleged violation;
     • iv. The name of the victim (if not the complainant); and
     • v. Any witnesses to the alleged incident.
   • b. The complainant may provide additional supporting documentation in addition to the required form.
   • c. Anonymous complaints will not be reviewed.
   • d. The reporting form shall advise the complainant(s) that in the case of potential criminal conduct the complainant(s) may request that no notification is made to law enforcement, but such notification may, in some cases, be required by law. If the allegation involves a situation requiring mandatory reporting to any authority under state law, it will be reported as required by Indiana Code.
2. The Executive Director (or Chair of the Ethics Committee if the complaint is made against the Executive Director or Chair) shall review the complaint to determine if there is enough information for the Ethics Committee to review the complaint within one (1) week. The Executive Director shall confirm that the form is complete and that the alleged Code of Conduct violation does fall under the Code of Conduct. The Executive Director will then inform the Chair of the Ethics Committee of their review.
3. The Chair of the Ethics Committee shall schedule a meeting of the Ethics Committee to be held within 14 calendar days to review the complaint. The complaint and documentation shall be shared in advance of the meeting with members of the Ethics Committee.
4. At that meeting, the Ethics Committee shall create a plan to conduct a review of the alleged incident(s) in the complaint. This plan shall include the following:
   • a. Within 30 calendar days of the Ethics Committee meeting, reach out to the complainant(s), relevant witnesses, and the person(s) alleged to have violated the Code of Conduct to gather relevant information.
     • i. This information gathering can include individual interviews, document review, and other information gathering practices.
     • ii. The complainant(s) or the person(s) alleged to have violated the Code of Conduct may request a formal hearing before the Ethics Committee. The request for hearing must be written and submitted by mail or email to the Chair of the Ethics Committee. If requested, the Chair of the Ethics Committee should attempt to schedule the hearing within the 30 day time period, if possible; otherwise, it must be scheduled within the 60 day time period required in paragraph 7 below.
     • iii. Both parties must be given at least 10 business days’ notice of the hearing, along with a statement advising them of their right to be represented by counsel and to call witnesses.
     • iv. All parties shall have the right to be represented by legal counsel or an advocate, to present witnesses, and to provide evidence in their own defense. The legal counsel or advocate shall submit to the Ethics Committee Chair a notice stating which party they are assisting at least one week before the hearing, and agree to the rules of confidentiality outlined in this process.
     • v. Any member of the Ethics Committee with any interest in a dispute that will directly impact their ability to be impartial or could appear, to an objective outside observer, that their impartiality may be affected in any issue before the Committee shall recuse themselves from participating in the hearing and deliberations in that matter. Should a party object to a member’s ability to participate in a dispute, the Committee shall take a vote prior to the hearing regarding whether the member or officer in question shall be permitted to participate. If an Ethics Committee member recuses themselves, then the IDP Chair can appoint a proxy.
5. The Chair of the Ethics Committee or the Ethics Committee may delegate any part of an investigation to one (1) or more members of the Ethics Committee, unless a request of a formal hearing has been submitted. If the investigation is delegated to (1) or more members, other Ethics Committee members will not participate other than a waiver of confidentiality and a final determination concerning a complaint. The assistance of other individuals with appropriate training or experience may be included in the complaint review.
6. All meetings, discussions, and correspondence of the Ethics Committee regarding a complaint shall remain confidential. Any violation of confidentiality by a committee member, staff member or officer of the IDP shall be deemed a violation of the Code of Conduct and subject to further action.
7. Within 60 calendar days of the complaint investigation and review, the Ethics Committee shall meet to make a determination as to whether a violation of the Code of Conduct has occurred and what sanctions or consequences, if any, should be recommended to the State Central Committee for further action.
8. The complainant(s) and person(s) alleged to have violated the Code of Conduct will be informed in writing of this outcome no later than three (3) calendar days of that meeting.
9. Within three (3) calendar days of the determination meeting, the Chair of the Ethics Committee shall provide, in writing, to the Chair of the Indiana Democratic Party and the Executive Director (or to the IDP Secretary if the complaint is made against the Chair or the Executive Director), a report of the complaint review process, findings of fact, and recommendations. These recommendations will be discussed at the next State Central Committee meeting.
   • a. This report shall include the following disclaimer:
     • i. This report is the product of a review conducted under a limited time frame and with limited resources, but attempts to review a complaint as fairly as possible. This document is not an official statement endorsed in any way by the Indiana Democratic Party. The Indiana Democratic Party expressly states that this report is not intended for public dissemination and should you receive it, you may not portray it in any way as a statement of the Indiana Democratic Party. No unauthorized release of this document is permitted.
10. The State Central Committee (“SCC”) may take any of the following actions upon discussion and motion:
    • a. The State Central Committee may approve some or all of the recommendations made by the Ethics Committee;
    • b. The SCC may not change any findings of fact made by the Ethics Committee, but may change the recommendation as to sanctions or disciplinary action.
    • c. All information contained in the report provided to SCC members or proxies regarding a complaint shall remain confidential, until the SCC votes to disclose information to the public. Any violation of confidentiality by a State Central Committee member, proxy, staff member or officer of the IDP shall be deemed a violation of the Code of Conduct and subject to further action.
      • i. Proxies may communicate with the principal SCC member. Such communication is not a violation of the Code of Conduct.
    • d. State Central Committee deliberation and vote shall occur in an Executive Session with a roll call vote.
11. The Chair of the Ethics Committee shall keep the complainant(s) informed of the status of the review, including the outcome at the SCC meeting.
12. Once the State Central Committee has determined what steps they will take, the complaint cannot be resubmitted unless new evidence is available. New evidence must be provided in the submission of the form.
13. Retaliation of any kind against those who make a good faith report or participate in an investigation of a possible violation of the Party’s Code of Conduct, policies, or the law is inconsistent with our values, is not tolerated, and will be subject to disciplinary action.
14. The Indiana Democratic Party shall have no duty to expend money or resources defending in Court, a ruling by the State Central Committee unless required by the State Party Chair or a majority vote of the State Central Committee.
15. Nothing herein grants the right of judicial review to any decision derived from this process including any complaint concerning the administration of this process. The Indiana Democratic Party specifically denies that state or federal courts have subject matter jurisdiction to consider a complaint concerning this process.
16. All dates in the above are subject to extenuating circumstances (holidays, weather, etc.). A failure to meet a deadline does not negate the process. The Ethics Committee Chair shall try to communicate in as timely a manner as possible if deadlines cannot be met.
17. All members of the Ethics Committee are encouraged to complete a certified Trauma Informed Hearings Training. The Executive Director shall provide information and/or training materials.