COMPLAINT REGARDING AN ICN MEMBER

Scope
The following complaints procedure shall govern the administration and adjudication of complaints about an ICN member. This complaints procedure applies only when the complainant believes the ICN member against which the complaint is made is in breach of the ICN Code of Conduct.

Details of Complaint
Details of the complaint and the perceived breach of the ICN code of conduct shall be made to the Chief Executive (CE) of the Membership in writing, along with any evidence to substantiate the complaint. Dependent upon the nature of the complaint the CE will decide the next course of action.

The CE will ascertain whether the complainant wishes for their identity to be divulged to the member. If
not, the CE may determine that the complaint cannot proceed. If the gravity of the complaint warrants anonymity, the complainant will be asked to confirm on review that any information sent to the member provides suitable anonymization. In this circumstance, the CE and ICN cannot accept any liability for identification of the complainant.

Complaint Progression
Where ICN deems that a breach of the ICN code of conduct has transpired, the CE will contact the member in question within 14 days of receipt of the complaint and outline the nature of the complaint.

The member will be asked to respond formally and in detail within 14 days of notification of the complaint. The CE will review any response and respond to the complainant and ICN member within 14 days of receipt of response advising of next steps. This may include, but is not restricted to, a requirement to undertake a Technical Advisory Service to provide further information or recommendation to refer the matter to a formal alternative dispute resolution service.

Please note the ICN Complaints Process will be paused while any legal or alternative dispute resolution procedure is ongoing. Once completed, findings of the process can be sent to the CE to review for further action by ICN.

Where the CE highlights a concern that the complaint has not been resolved or further action is required, a disciplinary panel will be informed.

Disciplinary Panel
If the CE identifies that the complaint needs to be brought before a review board, the CE will notify the CE Disciplinary Panel that a complaint has been made and outline its nature.

The Disciplinary Panel shall comprise:

  • A minimum of three people, normally the ICN President, CEO or Board Advisor plus two industry peers who are members of ICN.
  • Representatives/industry experts who are not members of the ICN as required.

Disciplinary Panel members will be asked to declare any conflict of interest and be bound by a non-disclosure agreement. The disciplinary panel will meet to discuss the complaint within 21 days of being informed of the complaint. The CE shall keep a record of the proceedings to be taken and shall keep this, together with any documentary evidence submitted, for a period of at least one year.

Dependent upon the nature of the complaint the Disciplinary Panel will decide the next course of action.

ICN MEMBER’S APPEAL PROCESS

Appeals Procedure
Provides an opportunity to address any misunderstandings that results in a declined offer of membership or to appeal against complaint decision to terminate membership.

Scope
The following appeals procedure shall govern the administration and adjudication of appeals against a decision to decline a membership application or to terminate the membership of an existing member based on a decision by the Disciplinary Panel that an allegation has been proved.

Notice of Appeal
Notice of appeal shall be submitted within 30 days of the date on which ICN member was sent written notification of the decision against which the appeal is made. Notice of appeal must be submitted by contacting the ICN Support Team via our Contact Form.

Appeal Documentation
The appellant must provide additional information or documentation to support their appeal per instructions provided by the ICN Support Team. This could include updated CVs, references, or additional explanations.

Formation of Appeal Panel
Within seven days of receiving the notice of appeal the CE shall call together an Appeal Panel, which shall comprise:

  • Three member representatives, who are members of ICN not present at the meeting at which the decision subject of the appeal was made.
  • One senior member representative of ICN.
    Appeal Panel members will be asked to declare any conflict of interest and be bound by a non-disclosure agreement.

The longer serving of the Board members shall be the chairperson of the panel.

Notification of Appeal Hearing
The appeal panel shall meet within 60 days of receipt by the CE of the appeal. The appellant shall be given at least 21 days’ notice of the time, date and location (online) of the appeal hearing.

Notification of Appeal Decision
At the conclusion of the hearing the panel shall, after due consideration, announce its decision. This will be confirmed in writing to the appellant within seven days with transparent and clear reasons for the outcome. The decision of the panel shall be final and binding on both parties. If an appeal is unsuccessful, the decision will highlight areas for improvement and encourage reapplication in the future.

ICN shall keep a record of the proceedings to be taken and shall keep this, together with any documentary evidence submitted, for a period of at least one year.