RES-REPORT-BCBA — BACB Resource: Considerations for Reporting an Alleged Violation Against a BCaBA/BCBA
What does RES-REPORT-BCBA say?
This checklist helps determine if you should report a potential violation against a BCaBA/BCBA applicant or certificant by submitting a Notice of Alleged Violation (Notice) to the BACB Ethics Department. These considerations are based on the BACB's Code-Enforcement Procedures. If you answer yes to a question, continue to the next. If no, stop and address the issue before submitting.
CONSIDERATIONS BEFORE REPORTING:
1. IS THERE CLEAR AND DIRECT SUPPORTING DOCUMENTATION? The BACB does not conduct investigations or interviews with individuals involved in a Notice. The BACB can only evaluate and consider the documentation submitted by the Notifier and the Subject. If possible, submit direct documentation (e.g., video, reports, clear email or text communications). If documentation includes witness statements, it is best for witnesses to complete a notarized affidavit. If reported to other agencies, include available documentation (e.g., complaint forms, charging documents, final determinations).
2. DO THE DETAILS REQUIRE REPORTING TO A LOCAL ENTITY FIRST? In some instances, you must file a complaint with the appropriate agency before submitting a Notice to the BACB: (a) States with Licensure — you must first report to the appropriate licensure agency or board and include relevant case information in your Notice. (b) Mandatory Reporting — if you are a mandatory reporter, you must first submit a complaint with the appropriate agency. (c) Police — if the situation involves violation of a law, you must first submit to relevant legal authorities. (d) Other Organizations — you may be required to report to other organizations (e.g., human rights committee, third-party payor).
3. IS THERE ANY INDICATION THAT ADDRESSING THE CONCERN DIRECTLY WITH THE INDIVIDUAL WILL WORSEN THE SITUATION? If a direct conversation could resolve the issue, you should have that discussion before submitting a Notice. In many cases, simply having a conversation about the potential ethics violation can resolve the issue, as the individual might not be aware of the violation. Document all attempts and outcomes. If unresolved, submit that documentation with your Notice.
4. DOES THE BACB HAVE JURISDICTION? The BACB can only enforce violations against applicants or certificants. An individual becomes an applicant once fees are paid for an exam application. If the BACB does not have jurisdiction (e.g., a trainee), consider discussing with that individual's direct supervisor.
5. IS THERE AN ALLEGED VIOLATION OF A SPECIFIC ETHICS REQUIREMENT? You are not required to identify a specific standard in the Ethics Code. Instead, describe the potential violation(s) clearly and provide context (e.g., setting, actual or perceived harm, relationships of individuals involved, whether related to employment). You may indicate up to five specific standards if you wish.
6. DID THE ALLEGED VIOLATION OCCUR IN THE LAST 6 MONTHS? Notices must be filed within 6 months of the situation date or the date you became aware. BACB staff have discretion to extend the deadline for allegations of abuse or billing fraud. Note: To avoid retaliatory actions, the BACB has discretion to decline Notices submitted by the Subject of an active Notice against those involved in the original submission for 60 days.
GATHERING AND PREPARING DOCUMENTATION: - Submit no more than 20 pages of supporting documentation per Notice. If you must submit more, indicate that in the description and the BACB will contact you. - Submit direct documentation such as reports, emails, or screenshots. Consider submitting an affidavit if allegations are based solely on your account. You may also submit a cover letter summarizing concerns. - Redact any protected or identifying information (e.g., client name, address, date of birth) by replacing with generic terms or blacking out. - All documents with sensitive information must be converted to PDFs. - When taking screenshots, validate the date/time by capturing it on screen. For text messages, ensure it's clear when they occurred and with whom. - Video and audio files cannot be uploaded to online Notice forms. Indicate in the description that you have them and the BACB will provide an upload link. - If submitting video with images of other clients, you must blur those individuals or obtain appropriate consent. - Combine all documentation into one PDF. Name each piece, link it to the ethics standard it allegedly violates, add page numbers, and create a table of contents.
Official source: read the full text in the Ethics Code for Behavior Analysts (2022) (official document).