MIGIS Complaints and Appeals Procedures

Introduction to the MIGIS Complaints and Appeals Procedures.

• The procedures specify the rules and processes by which decisions are made for non-compliance with the MIGIS Code of Ethics and professional practice.
• In case of serious professional misconduct by the members of MIGIS, the Complaints Procedure is used.
• The Appeals Procedure is used to appeal decisions that have been made under the Complaints Procedure.
• Appropriate procedures are applied if someone has evidence of serious violations of professional practice, non-compliance with ethical and professional standards which are set out in the MIGIS Code of Ethics and Professional Practice, or there is evidence of serious violations of contracts, agreements or ethical conduct not related to therapeutic practice.
• If the member of MIGIS expresses concern about misconduct by another MIGIS member, they should seek to discuss it with each other. If this violation cannot be eliminated independently, informally, in a dialogue, then the decision is made on the basis of the Complaints Procedure.
• Each member of MIGIS who is involved in the Complaints Procedure process is expected to maintain the confidentiality of this situation. These measures are applied to protect the interests of everyone involved in this process.

Compliance with the MIGIS Complaints Procedure.

1. The Director of MIGIS delegates authority to the Chairman of the MIGIS Ethics Committee to manage the Complaints Procedure. The Director of MIGIS will ratify the result as soon as the Procedure is completed.
2. The Chairman of the MIGIS Ethics Committee must inform the Executive Director of MIGIS about the results of all stages of the procedure. The Chairman of the Ethics Committee may also consult external consultants at any stage of the procedure.
3. In case of filing a complaint against a member of the MIGIS Ethics Committee, the Director of MIGIS is responsible for the implementation of the procedure. And in this case, the Director of MIGIS and the Executive Director of MIGIS replaces the Ethics Committee.
4. A complaint can only be filed against a member of MIGIS if they were such at the time of the alleged violation.
5. Complaints must be forwarded to the committee as soon as possible after discovery of the violation. Complaints relating to events that occurred more than three years ago will not be considered by the Chairman of the Ethics Committee.
6. Complaints regarding legal, legislative or commercial violations by MIGIS Members are not within the competence of the Ethics Committee.
7. MIGIS may seek legal advice regarding a complaint.
8. Complaints must be sent in writing to the chairman of the Ethics Committee. Written acknowledgment of receipt of the complaint must be sent within two weeks of receipt.
9. The entire procedure from the receipt of a written complaint must take no more than three months, not taking into account the appeal.
10. Those who are responsible for managing the complaints procedure must maintain the confidentiality of all materials relating to the case at hand.
11. The resignation of the member of MIGIS who is involved in this process is not allowed in the process of considering a complaint.
12. The Complaint process can be emotionally challenging for both parties. Where the complaint is not about professional negligence, there cannot be one right decision, but a path must be found to a solution that respects both parties.
13. The complaint must include a clear statement of the misconduct and an assessment of the behavior of the MIGIS member complained of by another MIGIS member. The complaint must also include relevant facts and clear evidence.
14. The Chairman of the Ethics Committee notifies the member of MIGIS of the complaint against him. The member of MIGIS against whom the complaint has been filed must provide a written response to the complaint within two weeks.
15. The Ethics Committee holds a preliminary meeting, where a decision is made on further consideration of this Complaint:
16. complaint cannot be taken into consideration;
17. the complaint cannot be upheld, but the involved parties in this Complaint can try to resolve this issue in an informal way through discussions and talks.
18. There is sufficient evidence to support the consideration of the complaint under the Procedure;
19. The complainant and the complainant must be informed of the decision of the Committee in writing within one week after the meeting.
20. The Chairman of the Ethics Committee may, in some cases, appoint one or more persons to investigate the case. The Ethics Committee sets a deadline for the submission of recommendations from designated persons in a given case.
21. The complainant and the one being complained about must be present at the meeting of the Ethics Committee at which the decision on the case is made. Each party has the right to be accompanied by a person of their choice. If the complainant did not appear at the meeting without good reason, then the complaint may be rejected. If the member of MIGIS, against whom the complaint was filed, did not appear at the meeting without good reason, then the suspension or cancellation of MIGIS membership is possible.
22. After the meeting, the Ethics Committee makes a written report on the decisions. A copy of the report is sent to both parties.
23. The report explains the nature of the complaint, the course of the investigation process and the decision for both parties.

Types of decisions:

1. the dispute has been settled, to an acceptable decision by all parties.
2. no further action is taken;
3. the complaint is not upheld in any aspect.
4. the complaint is upheld in one or more respects. Then the report must include specific statements concerning each of the paragraphs, on which the complaint is upheld. The following sanctions can also be recommended:

• Additional supervision;
• Observation of the practical work of a member of MIGIS;
• Advanced training;
• Official warning and mandatory compliance requirement that a member of MIGIS stops working in a certain way.
• Suspension or expulsion from MIGIS membership may only be recommended in the event of gross professional misconduct, such as active sexual harassment by a client.

After the ratification of the decision by the Director of MIGIS, the Ethics Committee is responsible for monitoring the implement of the decisions and must report to the Executive Director of MIGIS, when the sanctions are implemented.