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Chapter 5 Procedures for handling ethical complaints

5.1 Scope of the Committee

The Ethics Committee of the local TA Association must have first dealt with all complaints submitted to the ITAA Ethics Committee. When no such authority exists, or it is impractical for the local TA Association to deal with the complaint, the ITAA Ethics Committee will deal with the complaint.

Procedures

5.2 Member to be Confronted

Any person having reasonable grounds to believe that a member's professional behaviour is not consistent with their ITAA membership is required to confront the member involved directly and invite the desired change in behaviour.

5.3 Filing a Formal Complaint

In the event that such confrontation fails to produce the desired result, or is deemed impractical, the concerned person may file a formal complaint with the Ethics Committee through the ITAA office, by making such a complaint in writing and supplying the substantiating evidence. Individuals submitting complaints should be aware that in doing so they are acting to resolve difficulties, that they may be confronted, and that they may seek no reward.

The Ethics Committee shall receive written complaints from members of the Association and non- members. The complainant must have personal knowledge of the alleged behaviour complained about or be in position to supply relevant, reliable testimony or other evidence on the subject.

Complaints must be in writing, and signed. The information contained in the complaint should at least cover the following areas: (See “Ethics Complaint” form in appendices)

1. What action the complainant is seeking to achieve a resolution to the complaint
2. Details about the complainant: e.g., name, address, contact details, employment position and the position you were in at the time of the alleged ethic's violations eg client, colleague etc.
3. The name of the person/s that the complaint is against (the respondent)
4. The details of the alleged violations of the ITAA Ethics Code.
5. The date/s of the alleged violations.
6. The section/s of the Code that the complainant believes have been violated.
7. Any evidence or names of persons that could help to support complainant’s allegations.
8. Details and outcome of the action that the complainant has taken to confront the ITAA member before filing a formal complaint as required by the Code and these procedures.
9. Any actions that the complainant has taken or is considering taking to deal with the alleged violations (e.g. advising the respondent's employer, initiating a formal grievance procedure, seeking legal sanctions, etc).

The letter of complaint should be addressed to the chairperson ITAA Ethics Committee, and forwarded to the ITAA office with the envelope marked "CONFIDENTIAL”

5.4 Initiation of a Complaint by the Ethics Committee.

The Ethics Committee may proceed on its own initiative when it has been presented with sufficient allegations that, if proven factual, would constitute a violation of the Code of Ethics. For example, the Committee could proceed on information received from another professional organization, a state regulatory agency, or from public sources. If the Committee decides to proceed on its own initiative, it shall prepare a written statement concerning factual allegations of a Code of Ethics violation or violations.

5.5 Time Limitations

The Ethics Committee may determine, at its discretion, that a complaint cannot be investigated because the events complained about occurred too far in the past.

5.6 Complaints Regarding Resigned Members

The Ethics Committee will consider a complaint within one year from the date of resignation of membership or termination of membership for non-payment of dues.

5.7 Actions Prior to Membership

An ITAA member may not be charged with unethical behaviour for actions related to his or her professional conduct prior to the time the individual became an ITAA member.

5.8 Time Requirements for the Adjudication

ITAA shall make its best efforts to adhere strictly to the time requirements specified in these procedures. However, failure to do so will not prohibit final adjudication unless the person under investigation can show that such failure was wilful or unfairly prejudicial.