RES-REPORT-RBT — BACB Resource: Considerations for Reporting an Alleged Violation Against an RBT
What does RES-REPORT-RBT say?
This checklist helps determine if you should report a potential violation against an RBT 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. Always refer to the most current version of the RBT Ethics Code (2.0). If you answer yes to a question, continue to the next. If no, stop and address the issue before submitting.
CONSIDERATIONS BEFORE REPORTING:
1. DOES THE ALLEGED VIOLATION INVOLVE ABUSE OR NEGLECT, A LEGAL VIOLATION, OR A VIOLATION OF SUBSECTION 1.03, 1.05, 3.01, 3.02, 3.03, 3.04, OR 3.05 OF THE RBT ETHICS CODE (2.0)? If yes, and if you are one of the first individuals made aware, be prepared to submit mandated reports to law enforcement or other state or federal entities before submitting a Notice. The BACB can take summary action (e.g., impose practice restrictions during Code-Enforcement Procedures), but it is critical that you involve local entities consistent with your state's mandated reporting requirements. If no, and the violation does not pose a significant risk to clients or others, it is the responsibility of the RBT's supervisor or requirements coordinator to investigate and determine next steps (e.g., performance management plan, Notice). If you are not the RBT's supervisor, address your concerns with them directly. You can find the RBT's supervisor by searching the RBT's name in the Certificant Registry.
2. IF YOU ARE THE RBT'S SUPERVISOR AND ANSWERED NO TO THE PREVIOUS QUESTION: Does the alleged violation involve repeated instances of misconduct that have persisted despite attempts to resolve them? Have you made and documented reasonable efforts to resolve the alleged violation (e.g., identified the cause; provided feedback, supports, and training as indicated; initiated a performance management plan)? If you received correspondence from someone about your supervisee potentially violating the RBT Ethics Code, it is your responsibility to evaluate the information shared and make documented efforts to address it directly.
3. IS THERE CLEAR AND DIRECT SUPPORTING DOCUMENTATION? The BACB does not conduct investigations or interviews. It can only evaluate documentation submitted by the Notifier and the Subject. 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.
4. IS THERE ANY INDICATION THAT ADDRESSING THE CONCERN DIRECTLY WILL WORSEN THE SITUATION? If a direct conversation could resolve the issue, have that discussion first. Document all attempts and outcomes. If you are not the RBT's supervisor or requirements coordinator, address your concerns with them directly.
5. 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.
6. IS THERE AN ALLEGED VIOLATION OF A SPECIFIC ETHICS REQUIREMENT? You are not required to identify a specific standard. Describe the potential violation(s) clearly, provide context about the setting, harm, relationships, and how the employer's policy violation relates to the RBT Ethics Code. You may indicate up to five specific standards.
7. DID THE ALLEGED VIOLATION OCCUR IN THE LAST 6 MONTHS? Notices must be filed within 6 months. BACB staff have discretion to extend the deadline for allegations of abuse or billing fraud. Anti-retaliation: The BACB has discretion to decline Notices from the Subject of an active Notice for 60 days.
8. DO THE DETAILS REQUIRE REPORTING TO A LOCAL ENTITY FIRST? Same requirements as BCaBA/BCBA reporting: states with licensure, mandatory reporting, police, and other organizations.
IMPORTANT NOTE: The BACB recognizes that an RBT leaving a job without providing adequate notice is unprofessional and may constitute a violation of their employment contract. However, the BACB cannot interpret or enforce employment contracts, so it is the responsibility of the RBT Supervisor and provider organization to ensure continuity of services. Do not submit a Notice against an RBT for their untimely departure from employment unless you believe you have evidence of a code violation that is not solely based on their departure.
DOCUMENTATION GUIDELINES: Same as BCaBA/BCBA reporting — submit no more than 20 pages, redact protected information, convert to PDFs, validate screenshots with dates/times, combine into one PDF with table of contents.
Official source: read the full text in the Ethics Code for Behavior Analysts (2022) (official document).