Training

PROCEDURE FOR MEDIATION AND RESOLUTION

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How to make a complaint or report an alleged violation of the
Code of Ethics or Sexual Conduct Policy to the Ethics Committee
and what happens once a complaint or report is made.

INTRODUCTION

This Procedure for Mediation and Resolution supersedes and nullifies any prior agreements, written or verbal, made between Hellerwork International and any individual and/or Practitioner. It may be amended as necessary with a majority vote of the HWI Board of Directors.

The purpose of the Ethics Committee is to serve the Hellerwork community as a whole, protect the reputation of HELLERWORK and its Practitioners, and to support Practitioners in engaging in sound business practices and successful professional relationships.

It is important for Practitioners to understand that complaints and reports of alleged violation of the Code of Ethics or Sexual Conduct Policy are taken seriously. All Practitioners are expected to assume responsibility for their actions, choices, or behaviours, should their ethical conduct ever be questioned by a Complainant. These guidelines are not intended to render judgment and punishment, but to assist the Ethics Committee in the effective development of Action Plans, thus making disciplinary sanctions seldom or rarely necessary.

Set forth below is the procedure to be followed by the Ethics Committee when any Hellerwork Trainer (full or associate), Teacher (full or assistant), Practitioner, student, model or client has a conflict with any Trainer, Teacher, Practitioner, or other representative of Hellerwork International (HWI), or when there is alleged behaviour in violation of the Code of Ethics or Sexual Conduct Policy on the part of any Trainer Teacher, Practitioner, member of the HWI Board, Course Supervisor, or other individual, while engaged in any activity in which they are functioning as a representative of HWI.

It is hoped and encouraged that Practitioners will seek to independently resolve issues between themselves and others in a timely manner. In the event this is not possible the Ethics Committee stands willing at all times to act in a role of mediation, facilitation or guidance for Practitioners, but recognizes its limits in resolving personality conflicts. If it is a matter of alleged unethical conduct, then it must be brought to the Ethics Committee for mediation and resolution.

INITIATION OF A COMPLAINT

If the injured party (hereinafter known as the “Complainant”) alleges that a Hellerwork Trainer (full or associate), Teacher (full or assistant), Practitioner, or other representative of Hellerwork International (hereinafter known as the “Respondent”) has acted in violation of the Code of Ethics or Sexual Conduct Policy, a complaint shall be submitted IN WRITING first to the Ethics Committee of the Respondent’s Regional Practitioner Association or if such a Ethics Committee does not exist in the region in which the complaint originates, then the complaint should be forwarded to the Ethics Committee of Hellerwork International (HWI), located at: 3435 M Street, Eureka, CA 95503, 707-441-4949, . All Complaints shall be treated confidentially.

BONA FIDE COMPLAINT

If the submitted complaint is signed by the Complainant, provides a means of contacting the Complainant, and contains a statement of facts, which, if proven, would constitute unethical conduct, it shall be accepted as a bona fide complaint by the Chair of the Ethics Committee. The complaint shall be assigned to a case manager, who will be a member of the Ethics Committee.

Within ten (10) days of receipt of the Complaint, the Chair of the Ethics Committee (or his/her designee) shall acknowledge IN WRITING to the Complainant receipt of the Complaint and shall enclose in such a letter a copy of the Code of Ethics, the Sexual Conduct Policy and the Procedure for Mediation and Resolution used by HWI.

The Complainant’s attention shall be drawn to the fact that the process in these procedures is that a copy of the complaint shall be forwarded to the Respondent in order for Respondent to answer the complaint. If the Complainant does not wish his/her complaint to be forwarded to the Respondent, the Complainant has the choice of either withdrawing the complaint or having the complaint dealt with as an anonymous complaint. Within fifteen (15) days of receiving the acknowledgment letter, the Complainant must notify the Chair of the Ethics Committee IN WRITING of the manner in which he/she would like the matter handled.

ANONYMOUS AND HEARSAY COMPLAINTS

If a complaint that alleges unethical conduct is unsigned or clearly pseudonymous, or fails to provide a way to contact the Complainant, it will not be considered a bona fide complaint. Such complaint will be held by the Chair of the Ethics Committee for a period of one year. If during that year the Complainant is willing to identify himself/herself, then the complaint shall proceed through the Procedure for Mediation and Resolution.

However, if two or more similar complaints that involve the same Respondent are received from different sources who wish to remain anonymous to said Respondent, the Ethics Committee may elect to investigate, following the procedure below, and shall make every effort to verify the accuracy of the complaints and to take an appropriate action in regard to said Respondent.

INVESTIGATION

An investigator shall be appointed by the Ethics Committee and shall collect and organize information, without bias or recommendations, concerning the complaint. If a witness wishes to remain anonymous, the investigator shall prepare a summary of the information provided by that witness. The Ethics Committee shall consider such anonymous information as having less credibility than information from a named witness.

Within thirty (30) days of appointment, the investigative file shall be submitted to the Ethics Committee, at which time the complaint would either be dismissed as unfounded, or determined to be valid. Due precautions shall be maintained during this procedure to assure continued confidentiality.

If the complaint is determined to be valid, then the Complainant and Respondent shall follow the Procedure for Mediation and Resolution.

PROCEDURE FOR MEDIATION AND RESOLUTION

It will be the responsibility of the Chair of the Ethics Committee to deliver the complaint to the Respondent for response in a timely manner. A timely manner is considered to be within fifteen (15) days of receipt of the complaint by the Respondent. If additional time is needed for gathering information or to make an appropriate response, the time may be extended for an additional fifteen (15) days. The WRITTEN response of the Respondent shall be a truthful, accurate and complete statement of what occurred from their viewpoint.

Once the response is received, the Chair of the Ethics Committee will attempt to bring the involved parties together within fifteen (15) days in an effort to reach an Action Plan for a mutually agreeable resolution. This meeting may be held in person or utilizing other means such as a conference call or e-mail conversation. However, the chosen method(s) must allow for all parties to fully listen and participate in the communication.

An Action Plan may include, but is not limited to, any of the following:

• A discussion clarifying perception by Complainant and/or clarification of intent of action by Respondent during the alleged violation
• A discussion between both parties acknowledging where the errors in judgment and/or action may have occurred in the actions of one or both parties.
• A private, and/or formal and public apology by one or both parties, as appropriate.
• Individuallydesigned action plans designed to resolve the matter in an amicable manner.
This Action Plan must be mutually agreeable to and signed by both Respondent and Complainant.

If an Action Plan does not result in a mutually agreeable resolution to the complaint with the assistance of the Chair of the Ethics Committee, then either the Complainant or the respondent may ask that the matter be referred to the Review Panel of the region where the complaint originated. If there is not a Regional Review Panel in that region, it will be referred to the Review Panel of HWI for review and formal hearing.

The Review Panel of HWI shall be composed of three persons, chosen by the HWI Board of Directors, two of whom are Practitioners and one of whom is not. The complaint would be reviewed, additional information would be gathered if needed, and again, every effort to facilitate a mutually agreeable resolution would be made within a timely manner, not to exceed fifteen (15) days.

If a mutually agreeable resolution remains unattainable, either the Complainant or the Respondent may request a Formal Hearing which would adhere to the procedure outlined below. If this process does not facilitate a mutually agreeable resolution, the final recourse will be for the Complainant and the Respondent to participate in the process of binding arbitration. Failure by the Respondent to participate in binding arbitration will result in revocation of Certification. Failure by the Complainant to participate in binding arbitration will result in the matter being dismissed by the Chair of the Ethic Committee and no further action will be taken.

FORMAL HEARINGS

A Formal Hearing consists of oral presentations of information and testimony pertinent to the complaint by the Complainant and the Respondent. Under these circumstance both parties may bring additional information, support documentation and/or witnesses to support their claim(s). Either party may also be accompanied by legal counsel if they so choose. The Review Panel will exercise reasonable control over the scope and manner of questioning to prevent intimidation or other abuse(s) by or to any involved party. Attendance at the hearings will be limited to the Review Panel, Complainant, Respondent, witnesses and counsel. Hearings may be held via teleconference, provided that all involved parties are able to listen and actively participate in the communication.

Following the Formal Hearing, the Review Panel will review the presented information and within five (5) business days determine either that the allegations were not proved and therefore dismiss the complaint or determine that a violation of the Code of Ethics or the Sexual Conduct Policy has indeed occurred, and recommend a sanction.

There are four disciplinary sanctions that the Ethics Committee may recommend:

Reprimand A statement articulating the behaviour by the Practitioner which was contrary to the Code of Ethics for Hellerwork Practitioners that the Respondent will be expected to correct immediately.
Probation A stronger reprimand with conditions for corrective action that the Respondent must complete within a given time period, not less than six (6) months nor more than two (2) years.
Suspension A temporary removal of Certification for a specified period of time of not less than one (1) year, with or without conditions for corrective action that the Respondent must complete within a given time period.
Revocation A revocation of Certification which is subject to reinstatement only through future application to the Ethics Committee. A verified violation of the Sexual Conduct Policy may result in permanent removal of Certification.

The recommendations of the Review Panel shall be set forth in a written report, which the Chair of the Ethics Committee will transmit to the Complainant and the Respondent via Certified Mail within five (5) business days.

ENFORCEMENT

Once the recommendations of the Review Panel have been conveyed to the Chair of the Ethics Committee and transmitted to the Complainant and the Respondent, an Action Plan will be formed by the Review Panel, with assistance of the Chair of the Ethics Committee, to enforce sanctions, should they be imposed on the Practitioner. It will be the responsibility of the Chair of the Ethics Committee to follow up, as needed, to see that the Respondent has demonstrated or documented to the Review Panel that the Action Plan has been completed before the sanction is lifted. When the Respondent has successfully fulfilled the requirements of the Action Plan, a meeting may be held with the Review Panel and the Chair of the Ethics Committee to rule on the Respondent’s formal request that the sanction be lifted.

PUBLICATION OF FINDINGS

The Review Panel and the Chair of the Ethic Committee shall draft and publish, via the HWI Newsletter which is distributed to Practitioners only, the findings of a Formal Hearing. Responses by HWI to inquiries regarding the status of the Respondent will be limited to the fact of and the basis for the sanction (e.g. “(Respondent) was (insert sanction) for violation of (insert rule) from the Code of Ethics or the Sexual Conduct Policy.”

RECORDS

The Chair of the Ethics Committee will insure the safekeeping of the committee’s records. Records of dismissed cases will be expunged from the Respondent’s file one year following the dismissal of the case. Records of prior concluded Formal Hearings involving proven allegations of unethical conduct will be retained. Such information will only be made accessible by the Respondent, the Review Panel and the Chair of the Ethics Committee.

Our grateful acknowledgment to Jacqueline Freeman, the Feldenkrais Guild
and the Rolf Institute for their inspiration and language.

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