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Massage Therapist Association Of Alberta

 

Committee Procedures

  1. All members of the Complaints Committee are required to sign confidentiality and non-disclosure agreements prior to being assigned any complaints for review. 
  2. 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.
  3. 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. 
  4. 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:  
    1. the matter should be referred to the Discipline Committee for a hearing;
    2. the matter should be referred to the Executive Director and/or appointed facilitator to mediate between the Complainant and Member; or
    3. the complaint should not be pursued.
  5. 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).
  6. 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

  1. 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  

  1. 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. 
  2. 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.
  3. No Director shall participate in the hearing of an appeal if: 
    1. the Director has a conflict of interest or is biased; 
    2. there is any reasonable basis on which it may appear that the Director may have a conflict of interest or may be biased;
    3. 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

  1. Reinstatement of membership is pursuant to MTAA Bylaws.


Records and Use of Decisions

  1. 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. 

  2. The Discipline Committee and Board may consider the decisions of previous Discipline Committees and Boards, but are not bound by the precedent.