IAACE - Complaints and Disciplinary procedures
Association refers to the International Association of Advanced Clearing Energetics
Members refers to those who register with the association
Disciplinary Committee refers to a group appointed by the directors who are responsible for review of disciplinary matters of members of the association.
Executive Council refers to the directors who oversees disciplinary proceedings
To protect the public, ensure high professional standards, and up hold the reputation of the association.
2.1 Membership of the association requires compliance with the code of conduct and disciplinary procedures. All members are bound by these rules and conditions in their present form and as amended in the future.
2.2 In exercising functions pursuant to the complaints and disciplinary procedures the primary concern of the governing body of the association and relevant committee thereof shall be to protect the public and uphold the reputation of the association.
2.3 Compliance with the code of conduct is mandatory for all members. Membership of the association implies acceptance of and adherence to these complaint and disciplinary procedures in their present form and as amended in the future.
2.4 Speed is essential to establish and record the facts of any event which could lead to the imposition of a penalty upon individuals, or which could generate unwelcome publicity.
2.5 All information relating to disciplinary matters must always be treated as strictly confidential and the relevant papers kept in a secure place.
3 - Matters covered by these procedures
3.1 Any conduct which, in the opinion of the executive council, is likely to bring the association into disrepute.
3.2 Dishonesty or fraudulent misrepresentation in applying for membership of the association.
3.3 Conviction for a criminal offence involving dishonesty, indecency, violence, drugs or alcohol.
Note: where parties outside the framework of the association have instituted legal proceedings the disciplinary procedures will be held in abeyance pending the outcome of such legal proceedings.
4 - Disciplinary Committee
4.1 If a complaint is received the executive council will appoint an ad hoc disciplinary committee with the powers to carry out a full enquiry into any complaint or disciplinary matter received and to recommend appropriate action to the executive council.
4.2 The disciplinary committee will consist of [xxxx]
5 - Preliminary Investigation
5.1 Upon receipt of written evidence of a possible breach of the code of conduct the executive council will either directly or through a nominated representative:
5.1 Obtain the complainant’s written permission for a copy of the allegations to be sent to the member who is the subject of the complaint. If permission is not given the matter will not be pursued.
5.2 Request the member to comment in writing upon the allegation received. Letters that require a response should state that a reply is expected as soon as possible from the date of the letter and at most within 14 days of receipt.
5.3 The executive council will consider the member’s comments. After due consideration the executive may dismiss the complaint or proceed as follows;
5.4 Appoint a disciplinary committee to pursue the task of making further enquiries including interviewing both the complainant and the member and of submitting a written report on the information obtained to the executive council.
5.5 The disciplinary committee may decide that no further action is required or may call the complainant and the member before the disciplinary committee for further investigation and interview them separately or together. Both may be accompanied by a friend or advisor.
5.6 The complainant, the member and the disciplinary committee may call witnesses who may be questioned or cross-questioned by either party. Full records and minutes of these proceedings must be kept.
5.7 The disciplinary committee shall be entitled to make such enquiries or investigations as it may think fit, call for the production of relevant documents, obtain reports and ask for proposals and recommendations from any person.
5.8 Should the complainant not make full and frank disclosure of relevant information the proceedings may be dropped at the discretion of the disciplinary committee. Should the member fail to provide the relevant information without good and valid reasons acceptable to the disciplinary committee the sanctions in paragraphs 6 and 7 may be invoked.
5.9 A recordable delivery or a delivery by hand must be used, by the disciplinary committee, for important documents and notifications. If a recorded delivery has not been accepted and personal or phone contact cannot be made, then the document should be sent by first class post. If this method of communication fails to elicit a reply, it will be deemed to have been delivered. The disciplinary committee may then reach a conclusion on the information they have.
5.10 If a member’s court conviction or questionable behaviour is brought to the notice of the executive council in the first instance by mass media, published reports or other indirect means, action must be taken to ensure the report is correct and the person named is one and the same as the association member. If this proves to be the case then the executive council may impose any of the conditions available under paragraph 7. Of the Powers of the executive council, or judge it not to be relevant to the code of conduct and no further action is required.
6 - Temporary suspension of membership
6.1 In cases where there is prima facie reason to believe that continued practice by an individual may harm patients or exacerbate scandal the subject under investigation may be suspended for not more than two calendar months on the authority of the executive council pending urgent preliminary investigation. The individual concerned will be informed immediately in writing by secure means that he or she is suspended from membership and that resignation will not be accepted before the matter is resolved.
6.2 If the matter cannot be concluded within the two calendar months through valid reasons then the executive council (if they judge it appropriate) may approve an extension to the suspended period. The parties concerned to be notified in writing.
6.3 If the two months period expires because of obstruction or non-cooperation by the member concerned then a conclusion within the scope of Para 5.9 may be reached.
7 - Powers of the Executive Council
7.1 Upon receiving the recommendation of the disciplinary committee the executive council shall have the power to dismiss the case or to impose any one or more of the following penalties which must be communicated forthwith to the member concerned in writing by safe means.
7.2 Require the member to give a written undertaking to refrain from continuing or repeating the conduct.
7.3 Reprimand the member.
7.4 Suspend the member for such period as the executive council may determine.
7.5 Expel the member.
7.6 Take such other action as the executive council thinks fit (other than suspension or expulsion) to prevent the member from continuing or repeating the conduct, which constitutes the contravention.
7.7 Any decision to suspend or expel a member may be at any time revoked or modified by the executive council on a resolution passed by a majority vote of that body.
7.8 The executive council may make such terms and conditions as it may think fit after due consultation with its disciplinary committee.
8 - Appeals
The association shall make provision for an appeal by the member or the complainant to the executive council. Notice of the appeal must be given in writing by the member or complainant, to the association secretary within ten working days of receiving notification of the decision. The executive council will evaluate the appeal to consider if it contains information or opinions that warrant further examination. If the appeal is allowed a body will be convened to hear the appeal. The body hearing the appeal shall be three of the most senior and experienced members of the association none of whom have been directly involved in producing the report of the disciplinary committee. The appeal hearing body shall have the power at its sole discretion to confirm or quash any decision and/or substitute any other penalty within the scope of paragraph 7 such decisions are to be recorded and reported through the executive council as in paragraph 9 below.
9 Notification and recording of certain decisions
9.1 Conclusions of complaints where suspension or expulsion has been imposed will be notified to other associations to whom the association is affiliated.
10 - Costs
Both the complainant and the member, against whom the complaint has been made, will responsible for their own costs.