The purpose of this policy is to discourage and discover activities that are harmful and damaging to NODA’s good name, association interest, and its relationship with members, vendors, sponsors, and community at large. This policy would apply to NODA members were individual action may be viewed as inappropriate, illegal, violations of NODA Policy and or Bylaws.
Confidentiality
NODA will treat all complaints as confidential to the fullest extent permitted by law and within the ability to thoroughly investigate the complaint. NODA will exercise particular care to keep confidentiality of the person that files that complaint until a formal investigation may be launched. The confidentiality may continue into the investigation unless there is overriding reason for identification or it is required by law. NODA will normally require the name of the person making the complaint to be disclosed to the person that is subject of the complaint.
Inappropriate Grounds for Complaint
NODA’s complaint process described in this policy is not a substitute for legal action or suit. NODA’s complaint process is not intended to be used for resolving business disputes between complainants and NODA individual members.
Filing a Complaint
Who can file a complaint:
Any individual who believes in good faith that the actions of a current NODA member are harmful to NODA and/or its members and/or their actions are illegal or violation of policy and bylaws. The person filing the complaint must be a current NODA member. If a non-NODA member wishes to file a complaint they will need to contact the NODA Executive Director or designee.
Who does the complaint go to:
Any complaint may be submitted to one of the following as appropriate:
- Any NODA Executive Committee Member
- Executive Director of NODA
If there is a complaint against a NODA staff member the issue will be addressed with the NODA Executive Director and the University of Minnesota HR policies will be adhered to. If the case is against the Executive Director, the NODA President will be notified.
Contents of Complaint:
- Complaints must be in writing and signed (electronic signature and electronic notification is acceptable) by the person making the complaint
- Complaints must include contact (phone and email) information of person filing the complaint
- Must include all pertinent documents that substantiate the complaint
- If the complainant wishes to file a complaint against an individual NODA member for failure to adhere to NODA Policy or Bylaw, the complaint must refer to the specific policy or bylaw that was violated and describe relevant facts regarding such violation.
Processing of Complaint
Notification
Once the complaint has been received by the Executive Director and/or the Executive Committee then the complaint can expect some initial response to the complaint within two weeks, unless there is reason that this should be quicker, which would need to be outlined in the complaint. An initial response may not include a resolve of the complaint, but might include next steps or actions in progress.
In the event the Standards and Policy Committee determines further consideration is required then they shall commence an investigation, engage outside counsel or professionals as necessary for assistance, and communicate with involved parties including the person that is named in the complaint. Standards and Policy Committee may utilize the administrative support of the NODA Executive Director or staff for assistance so long as the confidentiality and investigation are not jeopardized and taking into consideration the individual or individuals implicated in the complaint and investigation.
Final Recommendations
A final written recommendation containing findings and conclusions shall be submitted to the Executive Committee, the individual that filed the complaint, and the individual the complaint was against.
The recommendations may include but are not limited to a cautionary letter, warning or statement of advice. Alternatively, it can be requested that the individual member be removed from leadership or suspended from membership.
Appeals
If an individual wishes to appeal the final recommendations, they may do so in writing to the Executive Committee within thirty (30) days from the date of the final recommendations date. The appeal must specify the grounds upon which the party contends the committee’s recommendation is erroneous and should be reviewed.
The Executive Director will convene a subcommittee of the NODA Board of Directors to determine if the appeal has grounds and identify the next steps in the process.
Resignation of Individual Member
If the individual member resigns their membership during the complaint or appeal process, the Standards and Policy Committee shall conclude the investigation with information available and make final recommendations. The NODA Association office shall maintain all documentation regarding the complaint. If the individual member wishes to re-join NODA as a new member there will be a review by the Standards and Policy Committee to determine if the original complaint or appeal process shall continue forward.
Record Retention
All records regarding a complaint, the committee’s recommendation, and any subsequent appeals or actions shall be maintained indefinitely in a confidential file by the Executive Director.