Listserv Participation Agreement
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Association of Workplace Investigators, Inc.
Participation Agreement for AWI Listservs Revised June 27, 2015

I understand that the execution of this Agreement is a prerequisite to my ability as a member of Association of Workplace Investigators, Inc. (“AWI”), to participate in the AWI Listservs and that, by executing this Agreement, I am agreeing to abide by its terms.

I understand that the AWI Listservs are intended to create a closed forum to be used solely by a community of professionals with common concerns and to provide these professionals with a confidential means to seek guidance from each other. It is further understood that, to meet this purpose, the Listservs must be governed by rules that encourage a frank and free-flowing exchange of both facts and opinions. Finally, it is understood that this purpose cannot be achieved if participants must be concerned that another Listserv participant might cause their postings to be used in another context to adversely affect either the posting participant's interests or the interests of a person or entity being investigated.

Accordingly, I understand and agree that my participation in the AWI Listservs is conditioned upon my willingness to agree, and continuously respect, that all AWI Listserv participants have an expectation of privacy in their Listserv postings and that this expectation arises from the fact that all Listserv participants have agreed to comply with the following proscriptions:

  • Listserv participants shall not cause a copy of a Listserv posting to be disseminated to any other person.
  • Listserv participants shall not cause a posting or the contents of a posting to be attributed to its author except in discussions with other AWI Listserv participants, who are subject to this Agreement.
  • Listserv participants shall not cause a posting or the contents of a posting to be used to impeach the credibility or competence of its author.
  • Listserv participants shall not cause another Listserv participant's receipt of a posting to be used to impeach the credibility or competence of that participant.

These proscriptions do not apply to the following permissible disclosures of Listserv communications:

  1. Disclosures to a participant's own legal counsel if necessary for the participant to receive legal advice or representation. It is expected that such disclosures will be maintained by the participant and participant's counsel as an attorney-client communication to the extent permitted by law.
  2. Disclosures that are compelled by a subpoena or other legal process. A participant subject to legal process seeking disclosure of Listserv communications will promptly email the writer(s) of the subject Listserv communication to advise him/her/them that the communication has been subpoenaed. The writer(s) may then assert whatever privacy, privilege or other rights he/she/they may have to nondisclosure. AWI cannot assure any Listserv participant that his/her communication will be legally protected from disclosure.
  3. Disclosures where a participant advises in his/her Listserv message that he/she is conducting a survey or asking a question of AWI members for the express purpose of disclosing the results to others, including by way of example only, as an expert witness on investigations, or as an attorney giving advice to a client.

A participant's disclosure of Listserv communications under one of these exceptions shall not constitute a waiver of the privacy rights of other Listserv participants.

I understand that adverse interests inevitably will arise among authorized Listserv participants. For example, multiple participants could be involved in a litigated matter as a party, as legal counsel for a party, as the investigator who conducted a workplace investigation, or as an expert witness opining about the adequacy of the workplace investigation.

I understand that the Protocol for the AWI members' use of the AWI Listservs is as follows:

  1. There are two Listservs open to all AWI members: the AWI Discussions Listserv and the AWI Announcements Listserv. The Discussions Listserv is limited to communications regarding substantive issues that are related to workplace investigations. The Announcements Listserv is to be used for other matters that might be of general interest to AWI members. Advertising of non-AWI events on the AWI Listservs is prohibited, except for those events sponsored by another organization or entity with which AWI has a reciprocal agreement.
  2. AWI members have the option of initiating a dialogue on the Discussions Listserv with an anonymous posting. This option is available to address two potential problems: (a) the inevitable disclosure of the employer that is the subject of an inquiry when it is initiated by an AWI member who is an in-house professional; and (b) the possibility that other AWI members may have, either currently or in the future, interests adverse to the interests of the posting member. All other postings will identify the author, including all Announcements postings and all subsequent dialogue in response to anonymous initial Discussions postings.
  3. To make an anonymous initial posting, a member should send their proposed initial posting to listservadministrator@aowi.org. The e-mail will be routed solely to the Listserv Administrator, who is the only person with the authority and the ability to effectuate an anonymous posting. Before posting the communication, the Listserv Administrator will confirm the appropriateness of the communication under the rules governing the Listserv. If the proposed initial posting is deemed inappropriate, it will be returned to the sender with an explanation. The Listserv Administrator will have no authority to alter a proposed posting.
  4. While AWI has established the Listservs as confidential forums, AWI cannot guarantee that there will not be a breach of confidentiality by a Listserv participant. Accordingly, AWI encourages participants to consider wording their postings in a manner that will avoid unnecessary disclosures of confidential information. As mentioned above, participants may consider initiating a dialogue on the Discussions Listserv with an anonymous posting. Participants may also consider drafting their inquiries in a generic form that omits information which would tend either to identify the individuals or entities involved in the matter giving rise to the communication or to disclose sensitive information.
  5. Communications through the Listservs should be understood to be the opinion of the member posting the communication, not legal or professional advice offered by AWI or the posting member.
  6. As the Listserv publisher, AWI encourages thoughtful and cogent postings. Postings that become personal, resort to inappropriate language, or do not support the overall purpose of the AWI Listservs are prohibited and should not be posted.
  7. The ability to participate in the AWI Listservs is not an unconditional right or benefit arising from AWI membership. Rather, participation in the Listservs is conditioned on (a) AWI membership; (b) submitting an executed copy of the AWI Listserv agreement on the AWI website; and (c) continued compliance with the terms of the AWI Listserv Participation Agreement. AWI reserves the right to remove a member's privilege to participate in the Listservs for conduct that constitutes, in the sole discretion of the Listserv Administrator, a violation of the Agreement.
  8. After consenting to this agreement on the AWI website, you will have the opportunity to subscribe to the AWI Discussions Listserv and the AWI Announcements Listserv. Listserv participants who would like to be removed from either of those Listservs may do so by logging in to their profile page, clicking on the E-Lists link on the My Features tab at the top of the profile page, and then unsubscribing from the applicable Listserv(s).
  9. The Listserv Administrator will monitor the Discussion and Announcements Listservs to prevent the posting of automated messages, personal messages, prohibited advertisements for non-AWI events, postings regarding the pricing of services or the practices or procedures for billing for services, potentially defamatory postings, and postings to the wrong Listserv. With those exceptions, the Discussions Listserv and the Announcements Listserv are unmoderated. Accordingly, with those exceptions, AWI will not be reviewing Listserv postings before they appear on the Listservs, and will not be monitoring Listserv postings once disseminated, in order to determine whether they are in compliance with this Agreement. Rather, with those exceptions, the Listserv Administrator will review postings only in response to a duly submitted complaint by a Listserv participant.
  10. Any Listserv participant who has a complaint or inquiry regarding an AWI Listserv or a posting on a Listserv should contact the AWI Listserv Administrator at listservadministrator@aowi.org.

I understand that I should not submit postings that discuss either the pricing of my services or the practices or procedures I use to bill for these services.

I understand that if I am unable to comply with the terms of this Agreement, I should refrain from signing up as a Listserv participant or should remove myself as a Listserv participant. I also understand that a Listserv participant who violates a proscription set forth in the Protocol or the other terms of this Agreement may be barred from all future participation in the Listservs.

I understand that AWI cannot and does not guarantee the accuracy or appropriateness of the contents of Listserv postings or that Listserv participants will comply with the AWI Listserv Protocol and other terms of this Agreement. While AWI has a procedure for Listserv participants to make complaints related to the AWI Listservs, it is understood that, except to prevent the posting of automated messages, personal messages, prohibited advertisements for non-AWI events, postings regarding the pricing of services or the practices or procedures for billing for services, potentially defamatory postings, and postings to the wrong Listserv, the Listserv Administrator will be reviewing the propriety of postings only in response to such a submitted complaint. By executing this Agreement, I agree to assume all risks associated with the AWI Listservs, and I agree that I will not hold AWI, its officers, its directors or its employees responsible for any harm caused to me as a result of the contents of a Listserv posting, the disclosure of Listserv postings, or the failure of an AWI member to comply with the AWI Listserv protocol and/or the other provisions in this Agreement. I also agree that, when I am notified of future modifications of this Agreement, I shall be deemed to have consented to these updated terms unless and until I notify AWI that I want to be removed from all AWI Listservs to which I am then subscribed.

By posting to the listserv, I agree to be bound by, and to comply with, the AWI Listserv Protocol and the other proscriptions and terms set forth in this Agreement.