Appendix Definitions: APS Ethics Investigation and Resolution Procedures

Appendix

View the APS Ethics Investigation and Resolution Procedures

Definitions

1. APS — the American Physical Society
2. APS Activity — any activity formally sponsored or sanctioned by APS or one of its constituent units, including but not limited to: preparing APS reports, statements, and publications; conducting research commissioned or authorized by APS or one of its units; participating in conferences, meetings, presentations, and programs conducted by APS or one of its units; and volunteering in any capacity for APS or one of its units.
3. APS Ethics Standards — American Physical Society Ethics Standards, revised version December 16, 2024.
4. APS Honor — any recognition bestowed by APS or one of its constituent units to acknowledge the recipient’s contributions to physics research, service, and teaching, and includes, but is not necessarily limited to, prizes, awards, medals, fellowships, and lectureships.
5. APS Member — a current member of APS.
6. Appeal Panel — a five-member panel appointed by the Ethics Chairperson that reviews an appeal of an APS Activity determination made by an investigator.
7. Board Executive Committee — consists of the Presidential line, the Speaker of the Council, the Treasurer, the Editor in Chief, and the Chief Executive Officer, who have the authority concerning matters requiring immediate action.
8. Board of Directors — members of the APS Board of Directors who are not subject to any Conflict of Interest with respect to a given Complaint.
9. Breach of Professional Ethics, or Ethics Violation, or Ethical Misconduct — a substantiated violation of the standards set forth in the APS Ethics Standards and/or Code of Conduct.
10. Bullying behaviors — repeated, persistent, and deliberate behaviors which are intended to control or harm the target. Bullying behaviors are a pattern of conduct that may take the form of intimidating, degrading, humiliating, or undermining the health and safety of the target.
11. Clearly Erroneous — a standard of review meaning a firm conviction that the previous decision should be reconsidered.
12. Complaint — an allegation that a Member, Participant, or APS staff has violated the APS Ethics Standards or Code.
13. Complainant — a person who makes allegations of ethical misconduct against one or more Respondents. A Complainant need not be a member of APS.
14. Conflict of Interest — financial, personal, professional, and other interests that could reasonably be perceived as impairing the individual’s objectivity or creating an unfair advantage for any person or organization.
15. Discrimination — unequal or unfair treatment in professional opportunities, education and/or other benefits offered by APS because of a person’s group membership constitutes discrimination under this policy. Discrimination results from bias and may include derogatory speech, creation of a hostile work or learning environment, preferential treatment of persons based on group membership, and dismissing or ignoring others based on their group membership.
16. Dishonor — conduct includes professional and personal acts that raise questions whether a member‘s conduct disgraces them personally or adversely affects the reputation of APS based on the perpetrator’s membership in the Society. Dishonorable conduct causes a loss of respect for the perpetrator and those institutions with which they are affiliated.
17. Disruptive behavior — a range of unacceptable behaviors including uncivil, discourteous, and/or disturbing conduct that infringes on and negatively impacts a professional environment and personal interactions during APS and Non-APS Activities.
18. Ethics Committee — all members of the APS Ethics Committee who are not subject to any Conflict of Interest with respect to a given Complaint.
19. Finding — a determination of whether the allegation occurred (or not) and whether the allegation constitutes a violation of APS ethical standards.
20. Harassment — disrespectful behavior of any kind with the intent or effect of humiliating and controlling another person. Harassing behavior is generally unwelcomed, abusive, or offensive and may include, but is not limited to, verbal and physical interactions, circulation of written materials/images, jokes, photography of individuals without permission, and sabotage. Harassment may be based on a person’s group membership including race, color, national origin, sex, religion, disability, age, gender identity, sexual orientation, disability, age, physical appearance, and political ideology.
21. Honoree — the recipient of any APS Honor, such as a Prize or Award, or election to Fellowship.
22. Non-APS Activity — any activity that is not sponsored, sanctioned or arranged by APS or one of its constituent units, including but not necessarily limited to: matters arising in the scope of a person’s employment by an employer other than APS; academic or research activities undertaken at institutions other than APS and without any formal involvement by APS or any of its constituent units; and conferences, meetings, presentations, and programs conducted by entities other than APS.
23. Official Position — any volunteer position with responsibility for APS leadership and/or governance, whether elected or appointed, including but not limited to officers and members of the Board of Directors, Council, and APS committees and units.
24. Participant — a Member or non-Member who participates in an APS Activity.
25. Preliminary Review — an inquiry performed by the Head of Ethics or designee to determine whether the complaint is within the scope of the Standards or Code and sufficiently detailed to raise the allegation above the level of speculation. This review does not investigate the merits of the complaint.
26. Preponderance of the Evidence — is a standard of proof that is satisfied when the fact finder has determined that it is “more likely than not” that an allegation is or is not true.
27. Procedures — the APS Ethics Investigation and Resolution Procedures for resolving ethics complaints, adopted by the Board of Directors.
28. Record — includes documented determinations and/or reasons that are the basis for taking action (or not) against an individual. Generally, the record includes data, findings of fact, determinations, and/or a narrative rationale for the decision. Reputational or character narratives that are not included in the decision for taking adverse action are not within the scope of the Record.
29. Respondent — the person against whom allegations of ethical misconduct have been made. A Respondent need not be a member of APS.
30. Retaliation — a form of discrimination that subjects a person to differential treatment because they filed a complaint, participated in an investigation, or opposed conduct prohibited under this policy. Actions are generally deemed retaliatory (intimidating, threatening, coercing) if they would deter a reasonable person in similar circumstances from filing a complaint, opposing conduct prohibited under these Standards or Code, or participating in proceedings.
31. Review Panel — a five-member panel appointed by the Ethics Chairperson that reviews a Non-APS Activity Complaint and recommends Sanctions.
32. Revocation — refers to the act of rescinding or revoking Prizes, Awards, Fellowships, or Membership as a result of a Finding of misconduct or other serious breach of professional ethics.
33. Sanction — a consequence imposed on a person as the result of a Finding that the person has committed a breach of professional ethics.
34. Selection Committee — any committee tasked with nominating candidates for any APS Honor or Official Position or selecting recipients of any APS Honor.
35. Sexual Harassment — harassing behavior based upon sex, gender, or sexual orientation. Sexual harassment includes unwelcome sex-based conduct that may limit or deny a person’s ability to participate in or benefit from an APS activity or program. Sex-based conduct includes verbal, visual, or physical behaviors that may take the form of, but not limited to, offensive jokes or comments, unwanted sexual advances, sexual assault, offensive images of a sexual nature, and stalking.
36. Scientific Misconduct — includes falsification, fabrication, plagiarism, or the omission of data with the intent to mislead or deceive, where there is a significant departure from expected norms of scientific conduct. Based upon funding or institutional requirements, this definition may include the formal definition of research misconduct from the Federal Policy on Research Misconduct.
37. Substantial Evidence — evidence which a reasonable mind accepts as sufficient to support a conclusion that a violation has or has not occurred. This standard requires the reviewer to analyze only the existing record, weighing both evidence that supports the determination as well as that which detracts from it. This standard is limited to a review of the adequacy of evidence on the record used to support the findings.

Revised and adopted by the Board of Directors: Dec. 16, 2024
Effective: Jan. 1, 2025