Committee Procedures
- All members of the Complaints Committee are required to sign confidentiality and non-disclosure agreements prior to being assigned any complaints for review.
- The Complaints Committee Chairperson may authorize a minimum of two of the Committee members to form a team to visit both the Complainant and the Member who is subject to the complaint. This team shall interview both parties, review all relevant records and inspect the Member’s workplace.
- With the Complainant's consent to release information to the Complaints Committee, Discipline Committee and Board of Directors, the Complaints Committee may examine any confidential information and/or medical records of the Complainant related to the alleged offense.
- The Complaints Committee, after investigating a complaint, considering the submissions of the Member and the Complainant and considering or making reasonable efforts to consider all records and documents it considers relevant to the complaint, shall determine whether:
- the matter should be referred to the Discipline Committee for a hearing;
- the matter should be referred to the Executive Director and/or appointed facilitator to mediate between the Complainant and Member; or
- the complaint should not be pursued.
- The Complaints Committee may choose to extend the complaints to include additional charges of misconduct that are disclosed during the course of their review of the original complaint(s).
- Members of the Complaints Committee shall not engage in any subsequent proceedings or serve on the Discipline Committee or Appeal Committee.
Deference to Other Authorities
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Where the Chairperson of the Complaints Committee or the Chairperson of the Discipline committee believes that the Member whose conduct is being investigated may be guilty of a criminal offense, that person shall refer the matter to an appropriate authority.
Conflict of Interest or Bias
- In the event that any Member of a Complaints, Discipline or Appeal Committee has a conflict of interest or is biased, that person shall declare the conflict or bias and the Chairperson of that committee shall appoint, upon Board approval, a replacement.
- In the event of a conflict of interest on the part of a Board Member, that Director shall not participate in any discussion or action of the Board related to this file.
- No Director shall participate in the hearing of an appeal if:
- the Director has a conflict of interest or is biased;
- there is any reasonable basis on which it may appear that the Director may have a conflict of interest or may be biased;
- any Director’s participation in the process prior to the hearing of the appeal that is deemed to create the appearance of a bias.
Reinstatement
- Reinstatement of membership is pursuant to MTAA Bylaws.
Records and Use of Decisions
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The Association shall maintain a record of all decisions, pursuant to provisions outlined in the Personal Information Acts, of the Complaints and Discipline committees, and of all decisions of the Board and Appeal Committee.
- The Discipline Committee and Board may consider the decisions of previous Discipline Committees and Boards, but are not bound by the precedent.