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A complaint alleging a violation of the IAEM Code of Professional Conduct, the IAEM-USA Bylaws, or other IAEM-USA Board approved policy, must be submitted with relevant supporting documentation that the complaining party (Complainant) intends to rely upon.
Upon receipt, the complaint shall be reviewed for completeness and to ensure that it states a valid and good faith claim under the Code of Professional Conduct, IAEM-USA Bylaws, or other IAEM-USA Board-approved policy. IAEM-USA reserves the right to refuse or reject a complaint where in the reasonable and good faith belief of the Executive Director or his/her designee, in consultation with the IAEM-USA President or other appropriate official and/or legal counsel, the complaint is deemed incomplete, frivolous, retaliatory, or harassing in nature, or not falling under the intended scope of the IAEM Code of Professional Conduct, the IAEM-USA Bylaws, or other IAEM-USA Board-enacted policy. If deemed complete and made in good faith, the IAEM-USA Executive Director or other designated staff member will create a complaint file which shall be kept in the confidential records of the IAEM-USA headquarters location in Falls Church, Virginia. If the complaint is deficient in its allegations, the Complainant will be notified in writing by the IAEM-USA Executive Director or the Assistant Executive Director of such deficiency. If the Complainant fails to satisfactorily correct the deficiency within ten (10) days of the date of such notice, the Executive Director is authorized to dismiss the complaint and close the file. Files created shall be retained by the IAEM-USA at its headquarters offices for a period of twelve (12) months following the issuance of a decision and/or the closing of the file, at which time the file will be destroyed.
IAEM-USA, by its Executive Director or his/her designee, shall confirm receipt and acceptance of the complaint to the Complainant and provide a complete copy of the same, along with submitted supporting documents to the party against whom the complaint is directed (Respondent). The Complainant and Defendant will be notified of the identity of the individuals assigned to the hearing panel with the right of the Complainant or Respondent to challenge the qualifications of an assigned panel member. All notices under these procedures shall be sent by US Mail, 1st Class postage prepaid or by overnight delivery or electronic mail to the electronic mail addresses of record for or provided by the Complainant and Respondent.
The Respondent will be provided with thirty (30) days from the date of the written notice to submit to the IAEM-USA Headquarters, 201 Park Washington Court, Falls Church, VA, 22046 or to info@iaem.com, to the attention of the Executive Director or Assistant Executive Director, a detailed written response to the complaint, which shall include any relevant and supporting documents upon which the Respondent intends to rely. As part of the response, the Respondent must include a clear statement as to whether he or she wishes to have the assigned hearing panel consider the matter solely on the papers submitted by the parties, or if he/she requests the opportunity to present his/her response to the allegations at a telephone or video hearing before the assigned hearing panel. If neither the Complainant nor Respondent request an actual hearing, either by telephone or video conference, the assigned hearing panel shall consider and decide the matter solely on the documents submitted by the parties. A hearing must be conducted if either party so requests.
Upon receipt of the Respondent’s written response to the complaint, the IAEM-USA Executive Director or designee will promptly forward both the complaint and the response and all submitted supporting documentation to a hearing panel selected by the IAEM-USA President from among qualified and experienced IAEM-USA member volunteers and who has been previously appointed by the President of IAEM-USA and approved by the IAEM-USA Board of Directors to hear and act upon such complaints. The hearing panel shall be comprised of not more than seven (7) and not less than three (3) IAEM-USA member volunteers as described above. Panel volunteers will be appointed to serve one (1) year terms and may serve no more than two (2) consecutive terms. Either the Complainant or the Respondent may challenge the qualification or bias of a member of the Panel assigned to hear the complaint. The decision to disqualify such hearing panel member shall be within the sole and reasonable discretion of the President of IAEM-USA based on reasons provided by the challenging party.
If either party requests a hearing on the matter, IAEM-USA, by its Executive Director or designee, will endeavor to schedule the hearing within sixty (60) days of the receipt of the Respondent’s answer to the complaint, thus allowing the assigned members of the hearing panel sufficient opportunity to review the complaint, response, and all supporting documents. Notice of the date of such hearing shall be communicated to each party by electronic mail, written notice sent by US Postal Service,1st class postage prepaid, overnight delivery or personally via telephone communication. The hearing may be conducted by telephone or video conference, at the sole discretion of the members of the hearing panel. Members of the assigned hearing panel shall select from among its members one member to serve as the principal hearing officer who shall be charged with conducting the hearing in a fair, orderly, and efficient manner. Neither party to the complaint may be represented by legal counsel during the hearing, nor may legal counsel for the Complainant or Respondent appear at the hearing.
Upon conclusion of the hearing, the assigned panel members shall convene to determine, based upon the evidence and testimony presented by the parties in writing and, where applicable, at the hearing, whether a violation of the Code of Professional Conduct or the IAEM-USA Bylaws or other IAEM-USA Board-adopted policy as stated in the complaint, has occurred. Such decision shall be made by majority vote of the assigned panel members within thirty (30) days of the conclusion of the hearing or in the case where no hearing has been requested, within sixty (60) days of the panel’s receipt of the complaint, response and supporting materials. The panel’s decision shall be issued in writing setting forth the specific Code of Professional Conduct, IAEM-USA Bylaw provision, or IAEM-USA Board-adopted policy violated and the basis for such finding. The written decision of the hearing panel shall be provided to the IAEM-USA Executive Director or designee to be promptly communicated to the parties. In the event that a hearing panel determines that no violation has occurred as alleged, both parties will similarly be notified in writing or by electronic mail by the IAEM-USA Executive Director or designee.
In the event that the assigned hearing panel finds that a violation has occurred, it shall include as part of its written finding a recommendation only as to the nature of the discipline it reasonably deems may be appropriate in light of the allegations and panel findings. Such discipline may include, but is not limited to:
Within ten (10) days of issuance of the hearing panel’s findings and recommendation(s), a complete copy of the same shall be provided to the IAEM-USA Board of Directors for its consideration and final decision. The Board of Directors may affirm the decision of the hearing panel by majority vote of the voting members of the Board at a meeting of the Board where a quorum is present, or in its reasonable discretion, may overrule the finding of the hearing panel and issue its own finding. In its sole discretion and by a majority vote of its members, the Board may also request the opportunity to hear from both parties either by telephone or video conference on the specific issues addressed by the hearing panel and for which the Board has additional questions or concerns. In such case, the parties will be notified in writing and such Board opportunity will be scheduled within thirty (30) days of such written notice. The scope of any additional hearing requested by the Board shall be strictly limited to those issues identified by the Board. With or without an additional hearing before the Board, the finding of the Board shall be issued in writing in the name of the Board, signed by the Board President, and conclusive and binding upon the parties. In the event of disciplinary measures assessed by the Board against a party, the Executive Director, in consultation with IAEM-USA’s legal counsel and the IAEM-USA Board President, shall be charged with enforcing the same in a manner and by means consistent with the intent of the Board.