COMPLAINT PROCEDURE
COMPLAINTS PROCEDURE AND RULES OAKTREEME
The board of OakTreeMe (OTM) has decided to create a complaints procedure and has the following regulations have been established for this purpose. The board also has the following Complaints committee established.
Starting point:
The aim of handling complaints is primarily to restore relations between the complainant and the coach to whom the complaint relates. Where this is not possible without the intervention of a formal committee
appears to be possible, a careful complaints procedure is desirable.
Goals:
The objectives of the complaints procedure are:
1. Establishing and following a procedure for handling complaints from clients and principals
OTM affiliated professional coaches within a reasonable period and in a careful manner
to trade;
2. Maintaining and improving the quality within the professional group of OTM certified coaches
through professional complaints handling;
3. Improving the quality of services through complaint handling and complaint analysis, based on careful compliance with the Ethical Code of conduct of OTM by coaches affiliated with OTM.
Complaints Committee task:
The task of the Complaints Committee is to investigate, assess and monitor the
handling complaints from clients or principals of professional coaches affiliated with OTM.
Publication statements:
OTM considers the publication of the Complaints Committee's rulings as an important contribution
to the quality of the services provided by the affiliated coaches. For this reason OTM attaches high importance value of internal publication of the statements made by the complaints committee.
1. Definitions
Management: The board of OTM
Client: Anyone who, as a coachee or as a client, uses the services of an OTM
affiliated coach
Coach: A professional coach affiliated with OTM
Coachee: The person who receives coaching from a coach on the basis of a coaching agreement.
Coaching agreement:
The agreement - written or otherwise - that the coach has concluded with the client before they proceed
execution of the assignment.
Coaching relationship:
The relationship that arises between coach and coachee when they - whether or not on the basis of a written agreement – having contact with each other in the context of a coaching assignment.
Complaint:
A problem experienced by the complainant regarding the actions or omissions of the coach in the context of the coaching relationship or with regard to a resulting financial dispute with the coach
Complaints committee: The committee established by the OTM board, which is charged with investigating and assessing complaints and monitoring their handling. Contact person is: Carel-Jan van Driel, email adres: careljan@catchthetide.nl
Complainant: The client who contacts the Complaints Committee with a complaint about a coach affiliated with OTM
OTM: OakTreeMe
Client: The third party that has entered into a coaching agreement with the coach for the purpose of coaching a coachee
Secretariat: The secretariat of the OTM or – if present – the secretariat of the Complaints Committee
Status: The level of accreditation, certification or registration awarded to a coach.
2. Submitting a complaint and preliminary process
2.1. Complaints as referred to in these regulations can only relate to:
a) the actions or omissions of the coach in the execution of an assignment, in particular with regard to
the OTM Code of Ethics
b) financial disputes arising from the coaching agreement concluded between the complainant and the coach.
2.2. A complaint must be submitted in writing to the secretariat to email address: neset@oaktreeme.com and must contain at least:
- name, address, email address and telephone number of the complainant
- name, address, email address and telephone number of the coach to whom the complaint relates has
- general information about the coaching process (e.g. the coaching agreement)
- a description of the complaint
- relevant information about the complaint (facts, circumstances or events with regarding the origin of the complaint, any correspondence about the complaint)
- information about what has been done to resolve this complaint
- dating and signing of the complaint by the complainant
2.3. Within a period of 15 working days after receipt of the complaint at the secretariat or a member of
the complaints committee, the complainant will receive a written confirmation of receipt from the Complaints committee.
2.4. If one or more of the conditions referred to in art. The information mentioned in 2.2 is missing, then the Complaints Committee requests this the complainant to provide this information within a period of 15 working days after the date of a complaint in question request of the Complaints Committee. This data is also missing after this period, the complaint will be declared inadmissible by the Complaints Committee. The complainer, the coach and the management will be informed of this.
3. Handling a complaint
3.1. If the Complaints Committee is of the opinion that the information sent by the complainant is complete
and provide a clear picture of the complaint, it will send a copy of the complaint to the coach against whom the complaint is directed.
3.2. The coach involved will be requested to provide a written response to the complaint within 21 working days complaint. This period can be extended by 15 working days at the coach's request. If a longer period of time is still required, the complainant will be notified of a new period within the stated period. After this period has expired, the complaint will be substantively processed by the Complaints Committee, even if the coach has not responded.
3.3. A complaint is handled by the (vice-)chairman and two other members of the Complaints Committee. The committee may decide to charge one of its members with carrying out the preliminary investigation.
3.4. The coach against whom the complaint is directed as well as any other coach who is, directly or indirectly, involved in the complaint involved cannot be part of the Complaints Committee that handles the complaint. If this is the result if the Complaints Committee consists of fewer members than prescribed in Article 6.2, the board temporarily appointed a new member of the Complaints Committee.
3.5. The Complaints Committee decides whether it can form an opinion based on the received documents
about the complaint. If not, the Complaints Committee may do so if it so desires given the nature of the complaint present, request the parties to provide further information and to explain their position in more detail or decide to order a further investigation. Instead or in addition to this, the Complaints Committee also decides to invite parties to an oral hearing hearing.
3.6. Meetings and hearings of the Complaints Committee are closed. Possibly by the Reports of meetings and hearings drawn up by the Complaints Committee are exclusively intended for: own use by the members of the Complaints Committee.
3.7. If desired, the Complaints Committee can request information from other persons involved in the complaint
ask or raise and hear.
3.8. The Complaints Committee ensures that both parties are always equally informed.
3.9. If a hearing is held, those involved will in principle be present
other party heard. If the complainant or the coach against whom the complaint is directed so requests, the
Complaints committee decides to hold the hearing in exceptional cases without the presence of the other
party to take place.
3.10. If one of the parties involved wishes to be assisted by a representative during a hearing
the name and capacity of that person must be announced no later than 3 days prior to the hearing
reported to the Complaints Committee. The complainant or the coach against whom the complaint is directed must attend in person to be present at the hearing and cannot be replaced by a representative.
3.11. The complaints procedure is free of charge. Any costs of (legal) assistance, travel expenses and others costs incurred by the parties are borne by themselves.
3.12. The Complaints Committee may request experts to attend the hearing.
3.13. If the Complaints Committee threatens to exceed its budget by calling in experts exceeded, consultation will take place in advance with the treasurer of the board.
4. Not handling a complaint
4.1. A complaint will not be processed or will not be processed further by the Complaints Committee if:
- the complaint is submitted anonymously
- the facts, circumstances or events about which the complaint occurs more than 18 months before
filing of the complaint has taken place
- by the complainant - even after the request to provide this - does not provide the information referred to in art. 2.2 minimum required information is submitted
- the complainant withdraws the complaint.
5. Ruling of the Complaints Committee
5.1. The Complaints Committee can deem a complaint to be inadmissible, unfounded or unfounded
declare it fully or partially well-founded. Decisions of the complaints committee are binding.
5.2. In principle, the Complaints Committee will meet within a reasonable period, i.e. maximum within six months after submitting the complaint, to a decision on the submitted complaint.
5.3. If, in the opinion of the Complaints Committee, the complaint is not handled within the period specified in art. 5.1 the said period can be completed, the Complaints Committee will do so in writing and with reasons detailed notification to the complainant and the coach to whom the complaint relates, stating the period within which the Complaints Committee expects to be able to reach a decision.
5.4. The Complaints Committee bases its decision on the content of the documents exchanged and provided data as well as – if applicable – on the basis of what was discussed during the hearing and everything else can be regarded as established from our own science.
5.5. The Complaints Committee decides by majority vote. If the votes are tied, the vote will be cast
(vice)chairman is the deciding factor.
5.6. A complaint can, among other things, be declared inadmissible by the Complaints Committee if:
- the complainant cannot conclude a written coaching agreement with the coach and by the complainant
Nor can it be made plausible in any other way that there is a coaching relationship between the
client and the coach
- the Complaints Committee is of the opinion that it has not been given sufficient opportunity by the complainant to take note of information relevant to the handling of the complaint
5.7. In the event that a complaint is declared fully or partially well-founded, the Complaints Committee can, if it is of the opinion that there is a serious degree of culpability on the part of the coach, decisions
to attach a warning to the coach in question to her statement.
5.8. The Complaints Committee motivates its decision in writing and sends it to both parties simultaneously in copy to the board. The Complaints Committee can add recommendations to the ruling, addressed to the coach concerned about the complaint or to the board or to both.
5.9. If the conditions referred to in art. Recommendations referred to in 5.8 are addressed to the coach and will inform him/her within two months after receipt thereof in writing the complainant, the Complaints Committee and the board or he in response to the ruling and recommendations, will take measures and, if so, which measures.
5.10. If the conditions referred to in art. Recommendations referred to in 5.8 are addressed to the board, the board will be informed within two weeks months after receipt thereof, the complainant, the coach and the Complaints Committee or in response to the ruling and recommendations, will take measures and, if so, which measures.
5.11. For the purpose of publishing the ruling among the coaches affiliated with OTM, the The Complaints Committee also provides the board with an anonymized version of the ruling.
6. Composition, appointment and dismissal of the Complaints Committee
6.1. The members of the Complaints Committee are appointed, suspended and dismissed by the board of directors OTM.
6.2. The Complaints Committee consists of at least 3 and at most 5 members. With the exception of the chairman. The members of the Complaints Committee must be coaches affiliated with OTM. Members of the Complaints Committee cannot also be a board member of OTM.
6.3. The chairman of the Complaints Committee must be independent and can therefore not join OTM
be an affiliated coach. The chairman must have experience in handling (complaints) procedures and is expected to have knowledge of the field of OTM.
6.4. The Complaints Committee appoints one from among its members to replace the chairman in his absence as Vice President.
6.5. Members of the Complaints Committee are appointed for a period of 3 years and serve once
eligible for reappointment for the same period.
6.6. Membership of the Complaints Committee ends by:
- expiry of the period for which the member has been appointed
- death of the member
- termination of the member
- termination by the board due to the member's apparent inadequate performance of the position or neglect of task.
- termination by the board for reasons on the basis of which enforcement of the member is not reasonably necessary OTM may be required.
7. Duty of Confidentiality
7.1. The members of the Complaints Committee and the board and others who, because of their position or their expertise involved in the handling of a complaint have a duty of confidentiality
of what they receive by virtue of their position as a member of the Complaints Committee or by virtue of their involvement in the complaint has become known.
7.2. This obligation of confidentiality remains in full force after termination of the work for the
Complaints committee or for OTM. The obligation of confidentiality lapses if any legal requirement arises
person concerned is obliged to disclose whether the need for disclosure arises from his/her duties at the
implementation of the regulations.
8. Reimbursements
8.1. The board will make arrangements for attendance fees and reimbursement for travel and expenses for the members of the Complaints Committee and the experts to be consulted.
9. Other tasks and obligations of the Complaints Committee
9.1. The Complaints Committee ensures that all data is handled carefully and confidentially
about the complainant and coach regarding the complaint.
9.2. The members of the Complaints Committee cannot be held personally liable for statements
of the Complaints Committee or for any action or omission as a member of the Complaints Committee.
9.3. The Complaints Committee does not handle claims for damages and does not make any rulings on the matter liability of OTM.
9.4. The Complaints Committee prepares an annual report on the number and nature of complaints for the board of the complaints received, treated and untreated that year. None are included in the annual report individually identifiable information is included.
9.5. The Complaints Committee can provide a further description of its working method for the information of complainants to establish. This may not conflict with the law, the Code of Ethical Conduct and these regulations. The description is submitted to the board for approval and is available upon request.
9.6 The complaints committee registers the complaints handled and will keep them for a period of 2 years,
after which they will be destroyed.
10. Warnings and measures
10.1. In the event that the Complaints Committee has upheld the complaint - partially or otherwise - in its decision declared, the board may decide to take action against the coach in question.
10.2. A measure to be taken against a coach may include, temporarily or permanently:
- limiting rights given to the coach
- changing the status of the coach
- terminating the coach's affiliation with OTM.
10.3. Before deciding on a measure to be taken, the board will consult with the coach.
This consultation preferably takes the form of a personal interview between two board members
concerning coach. If desired, the coach can be assisted by a confidential counselor during this consultation.
10.4. After consultation with the coach, the board will decide whether or not to take a measure.
10.5. In the event that the complainant does not agree with the ruling of the Complaints Committee or the decision of the Board, the complainant can appeal to ICF (International Coach Federation) Global, where the OTM is affiliated and has accredited its coach training. The judgment of this appeal body is for OTM
binding and any consequences will be resolved adequately by OTM within 3 months of the ruling
completed.
11. Other matters
11.1. With the exception of other regulations, these regulations apply to all complaints from clients
or clients about coaches affiliated with OTM.
11.2. In all cases for which these regulations do not provide or for which such a difference of opinion arises
between the Complaints Committee and a party involved in the handling of a complaint that the progress of the handling of the complaint is hindered, the board will decide, taking into account 10.5.
11.3. These regulations come into effect on July 1, 2022 and were last amended on January 24