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4th February, 2010

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Complaints Procedure

Background

The IIC have published a Code of Standards and Ethics to guide members, organisational members, training organisations, and professionals involved in coaching industry, in the way they should be conducting their activities.

The Code of Standards and Ethics can be found on the IIC's website (standards_and_ethics.php). This Code clearly states the boundaries under which the coaching and coach training relationship should function.

This Complaints Procedure is defined to allow members of the IIC to raise a grievance, through a formal complaints process against another member of the IIC. The Complaints Process can be used by members of the public to raise a grievance against a member of the IIC. This process is a mechanism of protecting the name of coaching and that of the IIC. This Complaints Procedure is defined to allow grievances to be registered in relation to coaching and/or coach training.

Terminology

To allow the IIC to define the use of terminology, the following terminology is used throughout this Complaints Process:

  • Grievance is a something believed to cause distress; or a wrong considered as grounds for a complaint; or resentment against an unjust or unfair act. Therefore this term refers to the objection the person or organisation is raising with the IIC.
  • Complaint is a formal registration of the grievance.
  • Complainant - this term refers to the person or organisation that is raising the complaint.
  • Respondent - the person or organisation that the complaint is in relation to.
  • Intl - International.

Responsibilities

It is the independent responsibility of the members of the IIC - coaches and the representative of the training organisations; the Complainant, and the Respondent to understand this Complaints Procedure. The IIC will, for any complaint received, ensure that the Complainant and the Respondent receives a copy of this Complaints Procedure.

It is important for any client of a coach who is a member of the IIC, or a student of a training organisation where the course is accredited by the IIC, who feels unsatisfied with the service they have received knows about this Complaints Procedure.

The IIC does not accept any responsibility for expenses incurred or related to any grievance or complaint either by the Complainant, the Coach, the Organisation, or any supporting parties.

All communication, unless otherwise stated, will be through the use of email. Emails will deemed to be served within 12 hours after sending unless returned as delivered.

All timeframes documented within this Complaints Process will be adhered to. Where no timeframes are documented, the step of the complaints process may take as long as deemed necessary to gain all relevant information.

Resolution Through Facilitation & Discussion

The IIC encourages the resolution of grievances, relating to a coaches or a training organisation's professional conduct, by using direct means. Therefore, Complainants should first approach the Respondent about their grievance and negotiate a satisfactory resolution, if this appropriate and achievable.

The IIC can act as facilitator during this stage, if requested by either the Complainant and/or the Respondent. The requests for this facilitation must be made in writing (using the Facilitation Request form) and be directed to the Intl Head of Standards and Ethics.

Where the IIC's Intl Head of Standards and Ethics receives a request for facilitation, the IIC will acknowledge the request for facilitation and provide both Complainant and the Respondent a copy of the facilitation request and this Complaints Procedure.

The IIC does not accept any responsibility for expenses incurred or related to any grievance.

If the matter is not resolved to the Complainant's satisfaction, a formal complaint should be issued and presented as described below.

Complaints Procedure

Defining a complaint
  1. The complaint is considered to be a breach of a clause of the IIC's Code of Ethics.
  2. The complaint can be issued by a coaching client, a member of the IIC, a student of an IIC accredited training course, an organisational client, a training organisation of the IIC, or a professional involved in the coaching industry, against another IIC member or training organisation where the course concerned is accredited by the IIC.
  3. The complaint can be issued by a member of the public, against an IIC member or training organisation where the course concerned is accredited by the IIC.
  4. The Respondent must be named in the complaint.
  5. The Respondent must be a current member of or member-organisation of or a training organisation where the course to which the complaint relates is accredited by the IIC at the time of the complaint being made.
  6. The matter is in relation to coaching skills or the context or content of the accredited training course.
  7. The matter is not already in progress as a formal complaint.
  8. The matter is not already the subject of court proceedings.
  9. The Complainant has first approached the IIC member or organisation or training organisation and sought to resolve the issue.
  10. The complaint must be presented in detail in writing (using the Complaints form) and signed by the Complainant. This must also include details of the initial approach made by the Complainant and the results of the initial approach.
  11. The alleged violation of the Code should normally have been reported no later than 6 months after the end of the coaching relationship.
All complaints must match the above criteria to be heard or responded to by the IIC.

Complaint Process
  1. On receipt of the complaint the IIC will confirm the membership status of the Respondent. Where the Respondent is not a current member of the IIC, the IIC will notify the Complainant of this status. Where the member or organisation or training organisation is a member of the IIC, the IIC will continue with the steps below.
  2. The complaint will initially be dealt with by the IIC's Intl Head of Standard and Ethics, and the Head of Ethics in the country of origin.
  3. The IIC's Intl Head of Standards and Ethics and the Head of Ethics in the country of the origin of the complaint, must openly declare any areas of conflict or of interest prior to the progress of this complaint. This will be subject to the decision made by the Intl Head of Standards and Ethics or President or Vice President.
  4. The Respondent will be notified that a complaint has been received and the nature of the complaint.
  5. The IIC will acknowledge the receipt of the complaint and provide both Complainant and the Respondent a copy of the complaint and this Complaints Procedure.
  6. The IIC will collate all relevant information from all parties - the Complainant, the Respondent and any third parties documented in the information provided.
    It is at this point that all paperwork (i.e. correspondence, etc.) pertaining to this complaint must be received by Intl Head of Standards and Ethics not less than 30 calendar days after the Respondent has been notified of the complaint.
    Where the additional information is required of parties not directly involved in this complaint, the IIC will maintain the confidentiality of the details of this complaint in as far as it is able to.
  7. It is at this the point at which the complaint will be;
    - resolved
    - rejected, or
    - deferred for additional information to be obtained, or
    - accepted as a valid complaint.
    Where the complaint is resolved, the IIC will notify both parties of the resolution to the complaint.
    Where the complaint is rejected, the IIC will notify both parties of the reason for the rejection of the complaint.
    Where the complaint is deferred for further information, the IIC will notify both parties. It is at this point the IIC will request additional information.
    Where the additional information is required of parties not directly involved in this complaint, the IIC will maintain the confidentiality of the details of this complaint in as far as it is able to.
  8. Where the complaint is accepted as a valid complaint, it will be referred on to the Complaints Committee. The Complainant and Respondent will be formally notified of this action.
  9. Complaints Committee members must openly declare any areas of conflict or of interest prior to the progress of this complaint. This will be subject to the decision made by the Intl Head of Standards and Ethics or President or Vice President.
  10. The Respondent will be notified of the full details of the complaint made against him/her.
  11. All correspondence, documentation and information pertaining to the complaint will be distributed to all relevant parties.
  12. In advance of the hearing, the Intl Head of Standards and Ethics will decide whether any legal advice needs to be obtained from IIC's legal advisers in advance of the hearing.
  13. Where the legal advice or the hearing incurs a cost it is understood and agreed by all parties that this cost will borne by the parties involved, as determine as a result of the hearing.
  14. Hearings will be arranged in the country of origin, and will be chaired by the Intl Head of Standards and Ethics and attended by the Head of Ethics of that country. The Head of Ethics of that country will be the representative of the Complaints Committee.
  15. The Intl Head of Standards Ethics will decide if new evidence can be accepted on the day of the hearing. Any additional paperwork (i.e. witness statements, correspondence, etc.) must be received by Intl Head of Standards and Ethics and the Complaints Committee not less than 30 calendar days prior to the date of any hearing.
  16. The Complainant and Respondent may bring one support person to any hearing.
  17. Witnesses can be called to attend the hearing and the names of such witnesses must be with the Intl Head of Standards and Ethics 30 calendar days prior to the date of any hearing. All witnesses must be prepared to be questioned by any person attending the hearing.
  18. If either the Respondent or the Complainant fails to attend the hearing, the Intl Head of Standards and Ethics has the right to continue with the case in the absence of one of the relevant parties, terminate the hearing, or adjourn and reset the hearing for no later than 30 calendar days from the date of the original hearing.
Outcomes
All relevant parties will be notified in writing of the outcome of the hearing within 30 calendar days of the date of the hearing.

Any and all sanctions will be clearly stated. Where sanctions have been applied against the Respondent, the Respondent can apply for sanctions to be lifted when the conditions have been met. The Intl Head of Standards and Ethics will seek evidence of compliance prior to lifting sanctions. The Respondent will be informed in writing of the lifting details and the records will be placed in the IIC International and Journals.

Appeals
Appeals will only be considered if new evidence of a significant nature is presented and the Intl Head of Standards and Ethics considers the new evidence would have altered the decision or sanctions applied; had the evidence been available at the time of the hearing. Appeals where the sanction is deemed unfairly harsh in relation to the event will also be considered by the Intl Head of Standards and Ethics.

Appeals must be made in writing within 30 calendar days of notification of the original decision. The appeal is required to clearly outline the grounds on which the appeal is being made. All appeals must be made in the first instance to the Intl Head of Standards and Ethics.

An independent external professional person will be appointed by the Intl Head of Standards and Ethics to consider the Appeal.

An Appeals Chairperson and Appeals Panel will be appointed by the Intl Head of Standards and Ethics and will be confirmed by the President or Vice-President of the IIC. The Appeals Panel must comprise of a minimum of three people who were not involved in any way whatsoever with the original hearing. The appeals process is subject to the same rules applied to the original hearing.

The Chairperson of the Appeals Committee will inform the Intl Head of Standards and Ethics, the President and the Vice President its decision. The Intl Head of Standards and Ethics will take the appropriate action. The decision will be made in writing within 21 calendar days of the Appeals hearing and the Respondent and Complainant informed of the decision within this same time frame.

Where the appeal incurs a cost it is understood and agreed by all parties that this cost will borne by the parties involved, as determine as a result of the appeal.

The Respondent will receive notification in writing if the Appeal is upheld, turned down, or if there is insufficient evidence to continue.

Professional Misconduct

Professional Misconduct is defined when a member or member-organisation of IIC has contravened the ethical standards and codes set out on the IIC website. Misconduct applies where a member or member-organisation is considered to have failed to follow the ethical code of the coaching profession.

Serious Professional Misconduct applies where a member or member-organisation of IIC has behaved in such a way that it is deemed that termination of membership and/or suspension of membership is the only available route open to the IIC to protect the reputation and respect of the IIC.

Professional Malpractice

Should an IIC member or member-organisation's professional behaviour, through incompetence and/or negligence, be deemed to be below the minimum standards of the coaching profession it will be considered to represent Professional Malpractice.

Coaching Profession Disrepute

An IIC member or member-organisation may be deemed as bringing the coaching profession into disrepute where he/she behaves in a manner that could be deemed as undermining the public's confidence in the coaching profession.



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