InterNACHI

MAB Ethics Complaint Processing Procedure - draft version - 5/4/2006


1. Filing:
1.1. An aggrieved member files a written (email is acceptable) complaint to the MAB.
1.2. The complaint is to be complete and contain any needed documentation.
1.3. If testimony is needed from other parties to support the complaint, then it is the responsibility of the complainant to secure such testimony and it should be included with the complaint.  Such testimony shall be in writing (email is acceptable).
1.4. Within 3 business days of filing the complaint it shall be reviewed for clarity and completeness by the chair of the MAB or other such MAB member as may be designated to handle initial processing.  Additionally, the complaint will be checked against those categories of complaints that have been established by the Ethics and Standards Committee as being appropriate for review.
1.5. If the complaint is incomplete, unclear, or otherwise lacking, it shall be referred back to the complainant for correction and resubmission at the complainant's discretion.
1.6. Upon acceptance for hearing by the MAB, the complaint and all supporting documentation shall be communicated to the defendant by the MAB.
1.7. The defendant shall have 10 calendar days to file a defense.  If testimony is needed from other parties to support the complaint, then it is the responsibility of the defendant to secure such testimony and it should be included with the defense.  Such testimony shall be in writing (email is acceptable).
1.8. Once a complaint and defense are received, they shall be distributed to the MAB for review.
1.9. The MAB may question either party to gather additional evidence or to determine the applicability and validity of evidence already presented.  The MAB and both parties shall not publicly disclose evidence received where such disclosure could have a negative impact on either party.
2. Review and Decision:
2.1. The MAB shall review the material and hold a conference call or online chat to discuss the complaint within 7 calendar days of receipt of all materials.  During this call, the MAB shall render a decision and determine such action as may be set within the specifics established in the Ethics rules.  The determination of the validity of the complaint and the assignment of punishment shall be separate votes.  The decisions shall be recorded by a vote in the appropriate discussion forum for the MAB.
2.2. The determination of the validity of the complaint shall be a majority vote.
2.3. A punishment decision resulting in suspension or revocation of membership privileges shall require a 2/3 vote of the MAB.  Lesser punishments shall require a majority vote.  Such lesser punishments may include banning all activity on the members section of the message board and/or assigning read only access to the message board for some fixed time period.
2.4. The decisions shall be communicated to the complainant and defendant.  The decisions shall then be published along with the complaint on the members section of the bulletin board.  The individual votes of the MAB members will be public record.
2.5. The complainant, defendant, and MAB shall NOT comment on the complaint, defense, or proceedings in the bulletin board or any other public forum prior to the decision.  Other than the public voting record, the MAB shall NOT comment on the proceedings after the decision has been rendered.
3. Appeal Process:
3.1. If the complainant or defendant wishes to appeal the decision of the MAB, it shall be submitted to an appeals panel composed of the Executive Director, the President, and the Vice President.
3.2. The appeal must be made within 7 calendar days from the time that the complainant and defendant have been informed of the original decision by the MAB.
3.3. All original materials shall be forwarded to the appeals panel.  Additionally, a written summation of the reasoning for the original decision shall be written by a member of the MAB and forwarded to the appeals panel.
3.4. A 2/3 vote of the appeals panel is required to overturn the decision of the MAB. 
4. Recusal:
4.1. If any member of the MAB is involved as complainant or defendant then that person shall be excused from hearing the case and the case shall continue with the remaining members.  Tie votes resulting from an even number of members voting shall be deemed an acquittal for the defendant.
4.2. If the ED, Pres, or VP is involved as complainant or defendant then that person shall be excused from the appeal process and a replacement shall be appointed to hear the appeal by the remaining 2.  The replacement shall be selected from the chairpersons of the standing InterNACHI committees.

 

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