Exam Performance & Certification Operations

The following procedures allow individuals to bring complaints concerning the conduct of individuals who are candidates, registrants, or certificants of ACSM.

In the event an individual candidate, registrant, or certificant violates the Code of Ethics for ACSM Certified and Registered Professionals, certification rules, or ACSM policies the CCRB may reprimand or suspend the individual or may revoke certification.

The grounds for sanctions under these procedures may include, but are not limited to:

1. Violation of the Code of Ethics for ACSM Certified and Registered Professionals.
2. Violation of established ACSM policies, rules, and requirements.
3. Conviction of a felony or other crime of moral turpitude under federal or state law in a matter related to the practice of, or qualifications for, employment support services.
4. Gross negligence, willful misconduct, or other unethical conduct in the performance of services for which the individual has achieved certification from ACSM.
5. Fraud or misrepresentation in an initial application or renewal application for certification.
6. Irregular behavior that undermines or threatens the integrity of the application, assessment or certification processes of ACSM CCRB.

Information regarding the complaint process are available to the public via the ACSM website or other published documents. A complete copy of this policy will be made available to any individual upon request.

Actions taken under this policy do not constitute enforcement of the law, although referral to appropriate federal, state, or local government agencies may be made about the conduct of the candidate or certificant in appropriate situations. Individuals initially bringing complaints are not entitled to any relief or damages by virtue of this process, although they will receive notice of the actions taken.

For each compliant that the Chair concludes is a valid and actionable complaint, the CCRB authorizes an investigation into its specific facts or circumstances to whatever extent is necessary in order to clarify, expand, or corroborate the information provided by the submitter.

The Chair notifies the ACSM CCRB Ethics Subcommittee to investigate and make an appropriate determination with respect to each valid and actionable complaint; the ACSM CCRB Ethics Subcommittee may review one or more such complaints as determined by the Chair. The ACSM CCRB Ethics Subcommittee initially determines whether it is appropriate to review the complaint under these Procedures or whether the matter should be referred to another entity engaged in the administration of law. The timeline for responses and for providing any additional information shall be established by the ACSM CCRB Ethics Subcommittee. The review and investigation will be completed in an appropriate amount of time, not to exceed six months, unless there are extenuating circumstances that require an extended time period. The ACSM CCRB Ethics Subcommittee may be assisted in the conduct of its investigation by other members of the CCRB, ACSM staff, or legal counsel. The Chair exercises general supervision over all investigations. 

Both the individual submitting the complaint and the candidate/certificant who is the subject of the investigation (or his or her employer) may be contacted for additional information with respect to the complaint. The ACSM CCRB Ethics Subcommittee, CCRB EC, or ACSM staff on its behalf, may at its discretion contact such other individuals who may have knowledge of the facts and circumstances surrounding the complaint.

All investigations and deliberations of the ACSM CCRB Ethics Subcommittee and the CCRB are conducted in confidence, with all written communications sealed and marked "Personal and Confidential," and they are conducted objectively, without any indication of prejudgment. An investigation may be directed toward any aspect of a complaint which is relevant or potentially relevant. Formal hearings are not held and the parties are not expected to be represented by counsel, although the ACSM CCRB Ethics Subcommittee and ACSM may consult their own counsel.

Members of the ACSM CCRB Ethics Subcommittee shall be reimbursed for reasonable expenses incurred in connection with the activities of the subcommittee.

Upon completion of an investigation, the ACSM CCRB Ethics Subcommittee recommends whether the ACSM CCRB EC should make a determination that there has been a violation of ACSM policies and rules. When the ACSM CCRB Ethics Subcommittee recommends that the CCRB EC find a violation, the ACSM CCRB Ethics Subcommittee also recommends imposition of an appropriate sanction. If the ACSM CCRB Ethics Subcommittee so recommends, a proposed determination with a proposed sanction is prepared under the supervision of the Chair and is presented by a representative of the ACSM CCRB Ethics Subcommittee to the CCRB along with the record of the subcommittee’s investigation.  

If the ACSM CCRB Ethics Subcommittee recommends against a determination that a violation has occurred, the complaint is dismissed with notice to the candidate/registrant/certificant and the individual or entity who submitted the complaint.

The CCRB EC reviews the recommendation of the ACSM CCRB Ethics Subcommittee based upon the record of the investigation. The CCRB EC may accept, reject, or modify the subcommittee’s recommendation, either with respect to the determination of a violation or the recommended sanction to be imposed. If the CCRB EC makes a determination that a violation has occurred, this determination and the imposition of a sanction are promulgated by written notice to the candidate/certificant, and to the individual submitting the complaint, if the submitter agrees in advance and in writing to maintain in confidence whatever portion of the information is not made public by the CCRB EC.

In certain circumstances, the CCRB EC may consider a recommendation from the ACSM CCRB Ethics Subcommittee that the candidate/registrant/certificant who has violated the certification program policies or rules shall be offered an opportunity to submit a written assurance that the conduct in question has been terminated and will not recur. The decision of the subcommittee to make such a recommendation and of the CCRB EC to accept it are within their respective discretionary powers. If such an offer is extended, the candidate/registrant/certificant at issue must submit the required written assurance within 30 days of receipt of the offer, and the assurance must be submitted in terms that are acceptable to the CCRB EC. If the CCRB EC accepts the assurance, notice is given to the candidate/ registrant/certificant and to the submittesr of the complaint, if the submitter agrees in advance and in writing to maintain the information in confidence.

Any of the following sanctions may be imposed by the CCRB EC upon a candidate/registrant/certificant whom the CCRB EC has determined to have violated the policies and rules of its certification program(s), although the sanction applied must reasonably relate to the nature and severity of the violation, focusing on reformation of the conduct of the member and deterrence of similar conduct by others:

1. written reprimand to the candidate/registrant/certificant;
2. suspension of the certificant for a designated period; or
3. suspension of the candidate/registrant’s application eligibility for a designated period; or
4. termination of the certificant's certification from the ACSM; or
5. termination of the candidate/registrant’s application eligibility for a designated period.

For sanctions that include suspension or termination, a summary of the final determination and the sanction with the candidate/registrant/certificant's name and date is published by the ACSM. This information will be published only after any appeal has either been considered or the appeal period has passed.

Reprimand in the form of a written notice from the Chair normally is sent to a candidate/registrant/ certificant who has received his or her first substantiated complaint. Suspension normally is imposed on a candidate/registrant/certificant who has received two substantiated complaints. Termination normally is imposed on a candidate/registrant/certificant who has received two substantiated complaints within a two-year period, or three or more substantiated complaints. The CCRB EC may at its discretion, however, impose any of the sanctions, if warranted, in specific cases.

Certificants who have been terminated shall have their certification revoked and may not be considered for ACSM certification in the future. Terminated certificants must immediately cease all activity that directly states or indirectly implies active certification by ACSM.

If a certificant who is the subject of a complaint voluntarily surrenders his or her ACSM certification at any time during the pendency of a complaint under these Procedures, the complaint is dismissed without any further action by the ACSM CCRB Ethics Subcommittee, the CCRB EC, or an Appeal Committee established after an appeal. The entire record is sealed and the individual may not reapply for certification by the ACSM. However, the ACSM may authorize the Chair to communicate the fact and date of resignation, and the fact and general nature of the complaint which was pending at the time of the resignation, to or at the request of a government entity engaged in the administration of law. Similarly, in the event of such resignation, the person or entity who submitted the complaint are notified of the fact and date of resignation and that the complaint has been dismissed as a result.

Individuals beyond the six month grace period may be eligible to apply for reinstatement. Expired certificants must provide a complete history of CEC documentation, current CPR/ AED certification and pay a reinstatement fee of $150 USD per certification. All CECs must have been earned during the appropriate recertification cycle. Individuals with lapsed certification who do not have enough CECs to recertify must retake their certification examination; current eligibility rules apply. The reinstatement form is in Appendix E. Reinstatements are reviewed by the CCRB Continuing Professional Education (CPE) Subcommittee. Candidates will be notified by email if their reinstatement is approved and will be provided information on the next recertification deadline. Incomplete applications or missing CECs will result in an automatic rejection.

Reinstatement Form Appendix E page 18