Constitution

Updated October 11, 2017

Article I: Name

The name of this organization shall be the South Carolina Association of Polygraph Examiners (SCAPE).

Article II: Mission

We, the members of the South Carolina Association of Polygraph Examiners, are dedicated to providing those we serve with a valid, reliable and objective means to verify asserted truth.

Article III: Goals

We fulfill our mission through the faithful pursuit and attainment of these listed goals:

To organize and maintain an association of polygraph examiners dedicated to the establishment of the highest professional ethics and integrity within the polygraph field in the State of South Carolina.
To provide members an opportunity to exchange information relevant to polygraph issues and encourage such exchanges for the betterment of the profession.
To support research, education, and training to enhance the knowledge of our membership and advance the polygraph profession in the State of South Carolina.
To regulate the conduct of our membership through the adherence to our code of ethics and encouragement of the use of validated techniques and methodologies.

Article IV: Membership

There are five (5) classes of membership: Full, Provisional, Affiliate, Life and Honorary.
1. Full Members of this Association are persons who:
  1. Must be licensed by the State of South Carolina as a Polygraph Examiner, or hold a license from a state having a reciprocal licensing agreement or be a certified Federal Examiner.
  2. Must possess a Baccalaureate degree from an accredited institution, or a High School Diploma with 5 years of investigative experience.
  3. Must not have been convicted of a felony, or any crime of moral turpitude.
  4. Must complete thirty (30) hours of approved training every two (2) years, training to be approved by the Executive Board or its designated committee.
  5. Must abide by the code of ethics as established by the Association.
  6. Must meet all financial obligations to the Association
  7. May vote on any matter before the general membership.
  8. May hold any appointed position or elective office in the Association.
2. Provisional Members of this Association are persons who:
  1. Have satisfied all of the requirements for Full Membership with the exception of:
    1. Article IV. A. 1. a., but are at minimum currently enrolled in an approved school leading to satisfaction of this requirement within two (2) years. OR
    2. Article IV. A. 1. b., and plan to meet this requirement within (2) years.
    3. OR Both i. and ii.
  2. Have not satisfied all the requirements for full membership by the end of their two (2) year provisional membership, but upon appeal to the Executive Board have been granted a single two-(2) year extension to complete the requirements for full membership.
  3. May vote on any matter before the general membership.
  4. May hold any appointed position in the Association but are not eligible for elected office.
3. Affiliate Members of this Association are persons who:
  1. Are not eligible for full or provisional membership but possess a sincere interest in the polygraph field. Applicants may include representatives of polygraph manufacturers, persons involved in polygraph research or any other persons determined by the membership committee as having a valid or professional interest in the polygraph field.
  2. Must meet all financial obligations to the organization.
  3. Are not eligible to vote on matters before the general membership.
  4. Are not eligible to hold any appointed position or elective office.
  5. May serve on committees in an advisory capacity.
4. Life Members of this Association are persons who:
  1. Are members of the SCAPE who have made significant and outstanding contributions to the SCAPE and to the polygraph profession. Any member nominated by the Executive Board and approved by a two-thirds majority of the Board and approved by a majority vote of the membership shall be granted this membership status.
  2. Shall be exempt from all dues, fees, and assessments.
  3. May vote in all matters put before the general membership.
  4. Are not eligible to hold any elective office in the SCAPE.
  5. May serve on committees but are not eligible to chair committees.
5. Honorary Members of this Association are persons who:
  1. Have made significant and outstanding contributions to the polygraph profession. Any person nominated for this status must be approved by a majority vote of the Executive Board and a majority vote of the general membership. Any member in good standing in the SCAPE may suggest a nominee for Honorary membership.
  2. Shall be exempt from all dues and assessments of the membership
  3. Shall be eligible to attend all activities of the SCAPE, but shall not represent themselves as other than Honorary members.
  4. Are not eligible to vote on any matters before the SCAPE nor are they eligible to hold an appointed position or elected office in the SCAPE.

Article V: Officers and Executive Board

The elected officers of the SCAPE shall be:
1. President
2. Vice President
3. Secretary/Treasurer
4. Board Member-at-Large
5. Board Member-at-Large
Election and Tenure of Officers
1. The election of officers will take place every other year at the first meeting of that year. All officers shall be chosen by a majority of the membership present at the meeting.
2. The President, Vice President and Secretary/Treasurer shall serve a term of two (2) years, from January 1 of the first year through December 31 of the second year.
3. Board Members-at-Large shall serve a term of two (2) years, from January 1 of the first year through December 31 of the second year.
Duties of the Officers
1. President
  The President shall be the executive officer of the Association. He/She shall preside at all regular meetings and special meetings, shall appoint any and all committees not otherwise provided for, enforce the Charter and By-Laws, and perform such duties as is customary to the office of President. In the event of a vacancy upon the Executive Board the President shall appoint a member to fill that office for the remainder of that term.
2. Vice President
  The Vice President shall aid and assist the President and in the absence of the President, shall pro tempore assume and perform the duties of President. In the event of a vacancy of the office of the President, the Vice President shall assume that office for the remainder of the term.
3. Secretary/Treasurer
  1. As Secretary shall keep record of the proceedings of the Association meetings, maintain a correct record of the total membership, issue notices of meeting and agenda, and conduct the correspondence of the Association.
  2. As Treasurer shall collect all dues, fees and assessments, present in writing and read to the membership a financial report at each meeting, pay the bills of the Association upon presentation of proper voucher, and be custodian of all funds of the Association.
The Executive Board shall consist of the President, Vice President, Secretary/Treasurer, and the two Board Members-at-Large. The Executive Board will meet as necessary to cover such business that should be conducted by the Board. A quorum of the Executive Board shall consist of two-thirds of the members of the Board.

Article VI: Committees

The President shall make appointments to the following standing committees upon election to office to sit during his/her term.
1. Membership Committee
  This committee shall review and pass onto the President and the membership, after a thorough background investigation, all applicants for membership. All applicants for membership must have completed all aspects of consideration before being submitted to the membership for final consideration.
2. Finance Committee
  This committee shall audit all of the finance accounts of the Association annually and report to the membership. The committee may be requested to conduct an audit and make a special report to the Executive Board at any time at the request of the Board.
3. Standards and Ethics Committee
  This committee shall develop or review, and submit to the membership for consideration, any alterations to the professional standards of practice or ethics governing the conduct of the Association and its members. This committee shall also have the responsibility of investigating grievances or complaints of any type submitted in writing to the committee. Reports of investigations will be submitted to the President for presentation to the membership.
4. Judiciary Committee
  This committee shall collect information on all legislation on the State and Federal levels directly affecting the polygraph profession as well as past, current and pending court decisions affecting the use and admissibility of the polygraph in court.
Committees shall have no fewer than three (3) but no more than seven (7) members.
The President shall appoint special committees as needed to assist the Executive Board in conducting the Association's business.

Article VII: Meetings

Meetings will be scheduled for the membership twice a year with the annual Tri-State Conference offering a third opportunity for training.
Special meetings of the membership may be called by the President or upon written demand of ten (10), or more members when needed.
In any meeting of the membership, a quorum shall consist of not less than thirty percent of the membership in good standing.

Article VIII: Dues, Fees and Assessments

The fiscal year of the Association shall be from January 1 to December 31.
Dues for the Association for each fiscal year shall be designated by the Executive Board. The amount of dues will be dependent upon the Association's anticipated expenses for the upcoming year. Any changes in dues must be announced at the first quarterly meeting and shall be binding on the membership only after a two-thirds vote of approval by the membership.
All assessments to the membership shall be binding only after a two-thirds vote of approval by the membership.
A non-refundable fee of $10.00 will be submitted with the application for membership. If the applicant is accepted for membership, that advance fee will be credited toward the annual membership dues.
Funds are only to be disbursed upon the signature of the President or the Secretary/Treasurer.

Article IX: Suspensions, Termination of Membership

Members of this association are subject to either suspension or termination of their membership.

Any suspension action against a member must be approved by a simple majority vote of the membership.
Activities that may warrant suspension include but are not limited to:
1. Non-payment of dues.
2. Activity unworthy of, or contrary to, the best interest of the Association.
3. Minor willful violations of the Charter or By-Laws of the Association.
4. Expiration, or suspension of state polygraph license.
Applications for reinstatement of a suspended membership must be approved by a simple majority vote of the membership.
Any termination action against a member must be approved by a two-thirds majority of the membership.
Activities that may warrant termination include but are not limited to:
1. Activities bringing discredit upon the Association.
2. Serious willful violations of the Charter and By-Laws of the Association.
3. Revocation of state polygraph license.
Applications for reinstatement of a terminated membership must be approved by a two thirds majority vote of the membership.
Membership must be suspended during any period of indictment for felonies, or crimes of moral turpitude. A subsequent conviction will result in an immediate termination of membership.

Article X: Amendments

The Charter and By-Laws may be amended at a scheduled meeting of the membership by a favorable vote of two-thirds of the members present. Amendments to be voted on shall have been sent to every member of the Association at least thirty days prior to being voted, or have been presented for consideration at a prior scheduled meeting.
Amendments may be proposed by any member of the Executive Board and shall be submitted to the membership either on order of the Executive Board or on a petition signed by any ten members in good standing in the Association.
Amendments shall take effect immediately upon approval, unless otherwise stated in the amendment.

Code of Ethics of the South Carolina Association of Polygraph Examiners

A member shall respect the rights and dignity of all persons to whom they administer polygraph examinations.
A member shall not render a conclusive opinion when the physiological recordings lack sufficient quality and clarity. This may include, but not be limited to, excessively distorted recordings possibly due to manipulations by the examinee, recordings with insufficient responsivity, or recordings with tracing amplitudes less than generally accepted by the profession.
A member shall not proffer an opinion about an exam given by another examiner without having as a minimum:
1. Familiarity with the testing format and scoring system used.
2. All of the case facts available to the original examiner.
3. All of the test questions asked during the exam.
4. Any pre-test information regarding apparent physical and emotional state of the examinee.
5. Any pre-test or in-test admissions requiring modification of test questions.
6. All of the charts run during the exam.
A member shall afford an examinee a reasonable opportunity to explain the physiological reactions to relevant questions in the recordings. There are three exceptions:
1. When the examinee is represented by an attorney who requests that no post-test interview be conducted, and that the results of the exam are to be released only to the attorney.
2. When the examination is being conducted by court order, which stipulates that no post-test interview will be conducted.
3. Instances of operational necessity.
A member shall not provide any report or opinion regarding the medical or psychological condition of the examinee for which the member is not professionally qualified to make. This shall not preclude the examiner from describing the appearance or behavior of the examinee. Polygraph outcome decisions shall be made based on polygraph data only.
A member shall not conduct a polygraph examination when there is reason to believe the examination is intended to circumvent or defy the law.
A member shall not solicit or accept any fees, gratuities or gifts that are intended to influence his/her opinion, decision, or report. No member shall set any fee for polygraph services contingent upon the findings or results of such services, nor shall any member change his/her fee as a direct result of his/her opinion or decision subsequent to a polygraph examination.
A member shall not knowingly submit, or permit employees to submit, a misleading or false polygraph examination report. Each report shall be a factual, impartial, and objective account of information developed during the examination, and the examiner's professional conclusion based on analysis of the polygraph data.
A member shall not knowingly make, publish or cause to be published any false or misleading statements or advertisements relating to the Association or the polygraph profession. No member shall make any false representation as to the category of membership in the Association. All advertisements making reference to membership in the Association shall also list the category of membership.
A member shall not disclose to any person any information gained during the course of a polygraph examination which has no connection to the relevant issue, and which may embarrass or tend to embarrass the examinee, except where such disclosure is required by law.
A member shall not include in any polygraph examination, questions intended to inquire into or develop information on activities, affiliation, or beliefs on religion, politics, sex, or race except where there is relevancy to a specific investigation.