Regulation Complaint Committee Foundation of Sexual Grounding Therapy
The Dutch act Complaint Clients Care Sector (wet klachtrecht cliënten zorgsector | WKCZ) obliges care providers such as the FSGT to draw up a complaint protocol and sets requirements for the protocol to meet. The complaint protocol has stipulations for dealing with complaints, presented by course members for external handling by the complaint committee. The complaint committee handles complaints that have preferably undergone an internal procedure previously; however, it is also possible for the complainant to appeal to the complaint committee directly. The complaint committee’s authority is twofold. Firstly the authority to declare a complaint valid, invalid or partially valid. The second authority is to give advice to the care provider if need be on the procedures and treatment that resulted in the complaint. The complaint committee is not authorised to decide on compensation or indemnification. The decision has no consequences of a civil law, disciplinary jurisdiction or criminal law nature.
Article 1 Definitions
Secretariat FSGT The secretariat of the Foundation of Sexual Grounding Therapy is located at the following address: 1e Pijnackerstraat 135-a, 3035 GS Rotterdam, the Netherlands, and can be reached by telephone through number 010-466 76 25, and by email: firstname.lastname@example.org.
Course member Participant in one of the following training courses: - sexual grounding basis - sexual grounding advanced - training therapist FSGT - training trainer FSGT and - training therapy and supervision ensuing from the above Complaint Expression of dissatisfaction or objection to certain behaviour Behaviour (action) Any acting or omitting to act or decision that has consequences for a course member Complainant The person making a complaint Accused The person to whose decison or action or omission to act the complaint refers. Complaint committee The members that deal with a specific complaint.
Article 2 Complaint Committee
The FSGT installs a complaint committee and ensures the continued existence of the complaint committee.
The FSGT ensures that the complaint committee carries out its activities in accordance with this protocol.
The FSGT provides every facility to the complaint committee that it may reasonably require for carrying out its activities.
Article 3 Who can make a complaint
A complaint on action or actions can be made by the course member.
Article 4 Making a complaint
Complaints are made in writing to the secretariat of the FSGT.
The complaint comprises a sufficiently clear description of the fact or facts and the behaviour or behaviours about which the complaint is made and indicates against which person or persons the complaint or complaints is or are directed.
Article 5 Procedure preceding the handling of the complaint
The secretary of the complaint committee sends an acknowledgement of receipt of the complaint to the complainant within 10 working days and informs the complainant of the options in the required procedure.
The secretary determines whether the complaint is sufficiently clear as stated in article 3. If the complaint does not meet this requirement, the secretary will return the complaint to the complainant with a request for clarification. The secretary indicates which parts of the complaint require elucidation OR if the the secretary doubts whether the complaint contains sufficient information, the complaint may be presented to the chairperson of the complaint committee within a week, with the request to decide in the matter. If the complaint committee finds that the complaint does not contain sufficient information, the complainant will be given the opportunity to add to the complaint within two weeks time.
The secretary asks the complainant for an authorisation in writing to present the complaint to the accused.
After receiving this authorisation the secretary checks whether the complainant can be satisfied by an informal dealing of this complaint. For example by means of a conversation, a telephone call or an offer of mediation. As soon as the person about whom the complaint was made, has met the complaint to the satisfaction of the complainant, further application of this protocol will be dismissed.
Article 6 Dealing with the complaint or complaints
If the complainant, -having been made aware of the correct procedure and the above-mentioned consultation- wishes for the complaint committee to handle the complaint, the complainant also grants permission in writing to the accused to provide all relevant data concerning the complaint to the complaint committee. In addition, the secretary will send to the complainant the valid complaint protocol.
Within ten working days after receiving a complaint, the secretary sends a copy of the complaint to the accused. The secretary presents the accused with the opportunity to respond to the complaint in writing, within a specific span of time.
If the complaint contains sufficient information the complaint is sent to the accused within a fortnight after receiving the authorisation, accompanied by a request to respond to the contents of the complaint in writing within a fortnight. Also, the accused is informed of the correct procedure in dealing with the complaint.
After receiving the response of the accused to the complaint, the complaint and the accused’s reaction to it are discussed in the complaint committee. If the complaint committee finds that it requires further information from parties, the complainant is given the opportunity to respond within a fortnight to the response of the accused, after which the accused is given the opportunity for a final response, also within a fortnight.
Article 7 Operating procedure of the complaint committee
The complaint committee decides with three members, including the Chairperson.
The complaint committee meets as often as the chairperson deems necessary. The meetings are private (behind closed doors***).
Both parties are entitled to legal assistance in dealing with the complaint. Expenses, if any, are to be met by parties themselves.
In principle, hearing both sides of the argument is done in writing, unless the complaint committee deems it necessary to invite complainant and/or accused to a hearing. Complainant and / or accused, can inform the secretary within a certain span of time of their wish to give a verbal explanation of the case. Hearing can occur in the presence of both parties or separately, according to the ruling of the complaint committee.
Complainant and accused are entitled to view all the documents in the case, relevant to the discussion of the complaint, to the extent that this is not detrimental to the privacy of third parties, in the opinion of the complaint committee. Personal data of complainant and accused are treated and registered with care and confidentiality.
If the complaint committee finds that it has sufficient information to arrive at a conclusion this is determined during a meeting of the complaint committee. The secretary draws this up in writing and reports on the followed procedure and the statements of the parties involved, and the experts, if any. In the conclusion the well-argued decision of the complaint committee on the extent of the (in)validity of the complaint in hand, is entered.
Article 8 The privilege of non-disclosure
If the complaint refers to a member of the complaint committee this member will abstain from dealing with the complaint and is replaced by a substitute member of the complaint committee.
Both complainant and accused can make a request that a member of the complaint committee does not attend if there is reasonable doubt about his or her impartiality. The chairperson of the complaint committee decides on this matter.
Article 9 Decision
Within a reasonable span of time –in principle within eight weeks after receiving the authorisation- the complaint committee will notify the complainant, the accused and the FSGT board in writing and well-argued on its decision regarding the validity of the complaint. This span of time can be extended in accordance with the complaint protocol.
The decision of the complaint committee can be accompanied by recommendations for arriving at a solution regarding the complaint or on how to prevent the creation of similar complaints in the future.
The complainant may at all times apply to another agency intended to deal with similar matters.
If a complaint is withdrawn, complainant and accused are notified in writing about the decision not to consider the complaint further, stating the reasons.
In all matters not provided for by this protocol, the decision lies with the complaint committee.