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IOA Concern and Complaint Policy and ProceduresAfter extensive input from IOA members and other participants, we are pleased to announce the pilot of IOA's new Concern and Complaint Policy and Concern and Complaint Procedures. The Board of Directors approved these policies and procedures in July 2023 and the pilot will be 18 months. Questions or comments may be directed to Ellen Miller, IOA Executive Director. This policy applies to member and participant activity within IOA, and is not for use to address concerns or complaints against an ombuds at their own organization. Read on for the full policy and procedures or download the PDF documents below. Concern & Complaint PolicyConcern and Complaint ProceduresFormal Complaint Form
Concern & Complaint PolicyIOA seeks to provide a safe and respectful environment for all Participants[1], regardless of IOA membership status. There are many ways to resolve complaints and concerns. IOA supports resolving issues at the lowest level possible, including self-resolution and informal resolution with the support of the IOA ombuds. IOA also recognizes that certain behaviors and experiences require the support of a formal complaint process. The following complaint policy is intended to address a variety of concerns[2]. I. Informal Resolution for Specific BehaviorsIOA encourages Participants to explore self-resolution and self-advocacy to the extent possible. In addition, any Participant who would like to have a confidential, informal discussion may contact the IOA Ombuds. IOA created the position of IOA Ombuds for Participants who seek information, guidance, or a safe place to discuss their concerns about the behavior or conduct of other Participants in connection with IOA. For further information about this independent, informal, impartial, and confidential resource, see the IOA Ombuds page. The IOA Ombuds may be able to offer helpful information, guidance, and options for addressing an issue including IOA’s formal Complaint Procedures. Discussing a matter with the IOA Ombuds is not a means of initiating a complaint, or a substitute for filing a formal complaint and the IOA Ombuds is not authorized to review or investigate complaints, receive notice of claims against IOA, or make any business or policy decisions. Participants do not lose the option of filing a formal complaint if utilizing the services of the IOA Ombuds. II. Formal Complaint for Specific Behaviors1. ScopeAny IOA Participant who reasonably believes that another Participant has engaged in the following behavior or conduct may pursue a more formal option by filing a formal complaint:
All formal complaints that are filed are taken seriously. IOA reserves the right to address any allegations of egregious behavior as it deems necessary including vexatious claims. 2. Immediate or Imminent DangerIf a Participant is in immediate or imminent danger, sees something suspicious, or wants to report a security issue or emergency, they should contact security at the venue of an IOA event or local law enforcement. Nothing in this policy is intended to preclude a Participant from seeking immediate resolution from safety professionals. 3. Timing for Review of Formal ComplaintsAny Participant(s) named in a formal complaint has the right to be informed of the nature of the complaint within 21 calendar days[1]of the complaint being received by IOA. The name(s) of the Participants who filed the complaint will not be disclosed. Every effort will be made to conduct a review and determine the outcome of the alleged misconduct within 60 calendar days of receiving the complaint. 4. Review ProcessProcedures to address the review of any Formal Complaint are detailed in IOA’s Concern and Complaint Procedures. At all times, the minimum number of individuals who will review a formal complaint will not be less than two and may comprise members and/or others outside the association who provide expertise.5. ConfidentialityAll Participants must respect the confidential nature of the complaint process and must maintain as much confidentiality as required to meaningfully conduct a fair and balanced review. 6. Measures to Address a ComplaintInformal and formal measures may be utilized to conduct the review and address the complaint, including but not limited to: i. restorative approaches including coaching and/or other facilitated discussions,ii. voluntary mediation, iii. an advisory letter or letter of expectation, iv. a letter of warning, and/or reprimand, v. revocation of member or participant benefits and/or privileges, vi. suspension or termination of membership. IOA recognizes the strain that the filing of a formal complaint may bring to all involved. As a matter of policy, IOA will attempt to utilize informal measures to the extent possible and applicable to the allegation. However, IOA reserves the right to address allegations of egregious behavior as it deems necessary including vexatious claims. 6. Right to AppealAny Participant named in a complaint may appeal the decision to the full Board of Directors. 7. Post ReviewThe resolution of a complaint will not be publicized at the conclusion of the review, although the IOA will inform the Participant(s) who filed the complaint that the matter has been closed and a resolution achieved. This confidentiality is required to address the myriad of interests of all concerned. 8. Use of PolicyDiscretion should be exercised when using the Concern and Complaint Policy. This Policy should only be used to address misconduct identified in Section II.1. above. It should not be used for minor disagreements or for reasonable differences in opinion, approach, and personal style. An individual found to have knowingly and in bad faith provided materially false information during the Complaint or a review may be found to be subject to a Concern and Complaint Policy and subsequent measures following a review. III. Participant Behavior Outside the AssociationIf an IOA Member[1] believes the conduct of another IOA Member outside the association is unbecoming to either the association or the profession, they may request a meeting with the Participant, facilitated by IOA’s Ombuds. The IOA supports its Ombuds’ facilitating understanding of the concern and providing an opportunity for a restorative approach. Concern and Complaint Procedures1. Initiating a Formal ComplaintAny Participant[1]who reasonably believes that the alleged conduct of another Participant is beyond the behavior or conduct accepted in our IOA Community Norms and identified in the IOA Concern and Complaint Policy may initiate a Formal Complaint by submitting a completed Formal Complaint Form (or a document with equivalent information) and any supporting information to the President and Executive Director. If a Participant is in immediate or imminent danger, sees something suspicious, or wants to report a security issue or emergency at an IOA in-person event, they should contact security at the venue or local law enforcement as an initial course of action. 2. Formal Complaint Review and Review CommitteeThe President and Executive Director, or their designees, will 1) determine whether the formal complaint is within scope, 2) determine whether a special committee needs to be convened to address the allegation(s), and 3) notice the Participant(s) named in the formal complaint that a formal complaint had been filed, and the general nature of the complaint[2]. 3. Review ProcessA Review Committee (composed of the President and Executive Director, or a specially convened group) will assess the inquiry as it determines appropriate to solicit necessary information to conduct a fair and impartial review of the alleged misconduct. This may include, but is not limited to: a. Conversation with the Participant(s) who filed the complaint to understand their desired goals and outcomes,b. Interviews of all Participants named in the complaint, c. Interviews of all Participants who filed the complaint and any other witnesses who may have information relevant to the complaint, d. Collecting such other information as the Committee deems relevant to understand the facts, including consideration of any prior communications or corrective measures that have been afforded to Participant(s), advice from IOA counsel, and whether the Participant who is the subject of the complaint fully cooperated during any prior review. The Committee will conduct any interviews, meetings, and measures related to the review in accordance with IOA’s Core Values. As a matter of policy, IOA will attempt to utilize informal measures to the extent possible and applicable to the allegation. However, IOA reserves the right to address any egregious allegations as it deems necessary. 4. Confidentiality and Interaction Between Participants During the Review Process, and Voluntary Conflict Resolution OptionsAt no time during the process will there be contact between the Participants who filed the complaint and the Participants named in the complaint, unless the Participants agree. At any point during the process, the Participants may explore whether they wish to consider informal and voluntary measures to resolve the complaint. This includes, but is not limited to: a. voluntary mediation, b. facilitated discussion, or c. any other informal means to communicate and resolve the matter. In all instances, all parties must agree and be willing to voluntarily engage in these informal options. 5. Measures to Address a ComplaintA variety of corrective measures may be considered at the conclusion of the review, including but not limited to:
The time applied to the corrective measure may depend on the nature of the complaint and/or the corrective measure taken. Only egregious behavior will be addressed by permanent corrective measures. Pursuant to Article III, Section D4 of the Association Bylaws, the Board shall prescribe the criteria and procedures applicable for removal or suspension of a member for cause. 6. Post Review: Recommendations and NotificationAfter a review is conducted, a memorandum that includes a summary of information based on the information gathered, and recommendations[3] will be provided to the President and Executive Director if the review has been conducted by a special committee. If the recommendations come from the President and Executive Director, the memorandum will be sent to the IOA Board’s Executive Committee. The President and Executive Director or the Executive Committee as applicable will determine what standard or norm has been violated if any, and ensure the Participant named in the complaint has been notified. 7. Right to AppealAny Participant named in a complaint may appeal the decision to the full Board of Directors. Any request for appeal must be sent to the President and the Executive Director within 60 days of receiving the decision. The decision of IOA’s Board of Directors is final. 8. Support During the ProcessAny Participant named in a formal complaint may bring either an individual to provide support or an attorney to any interviews(s) or other meetings conducted by the Committee[4]. 9. Confidentiality of the DecisionThe final resolution of a complaint will not be publicized at the conclusion of the review, although the IOA will inform Participants who filed the complaint that the matter has been closed and a resolution achieved. This confidentiality is required to address the myriad of interests of all concerned. 10. Post ReviewA confidential file will be maintained at IOA headquarters that will contain the complaint, supporting materials, and any corrective measures that were taken, including any final correspondence to the Participants named in the complaint and who filed the complaint. Formal Complaint FormQuestions?Please direct questions or additional comments to Ellen Miller, IOA Executive Director. 1 "Participants" includes all IOA Members (as defined by IOA Bylaws), attendees, staff, contractors/consultants (except for on-site security), volunteers, media representatives, speakers, exhibitors, sponsors, other vendors, organizers, and other guests who attend or participate in any IOA Activity. Participants’ attendance at or participation in any IOA Activity will be deemed to be in agreement to abide by the program. 2 This policy is not for use to address concerns or complaints against an ombuds at their own organization. 3 A United States calendar will be used to determine dates. Should a complaint be received between December 15 and January 15, IOA may notify the complainants of a revised timeline to address any holidays. Although the permitted timeframe is 21 days, IOA recognizes the importance of earlier notification, and every attempt will be made to notify Participants as soon as possible. 4 This process is only available to IOA members and does not extend to IOA Participants. 5 As used in the Concerns and Complaint Policy, "Participants" includes IOA Members, attendees, media representatives, speakers, exhibitors, sponsors, vendors, staff, contractors (except on-site security), volunteers, organizers, and other guests who attend or participate in any IOA activity. 6 The President and/or Executive Director may delegate this responsibility to the President-Elect or the Managing Director in the event they are unavailable for an extended period of time. 7 Recommendations may include corrective measures. 8 Any expenses related to this support will be the responsibility of the Participant names in the complaint. |