Once a Complaints File has been transferred to the Discipline Committee, it shall be given priority and within 14 days a Discipline Hearing shall be scheduled. Such hearing to commence within 60 days of the date the file has been transferred.
1. With the consent previously received from the Complainant, the Committee may examine any confidential information and/or medical records of the Complainant related to the alleged offense.
2. Upon a matter being referred to the Discipline Committee, the Discipline Committee shall consider the written submissions of the Member and Complainant and all records and documents it considers relevant to the complaint.
Discipline Hearing Procedure
1. When a matter is referred to the Discipline Committee for a hearing, the Chairperson shall inform both the Complainant and the Member of the following by registered mail, no later than 21 days prior to the date of the hearing:
1) That a hearing has been deemed necessary
2) A list of the allegation(s) to be heard.
3) That both parties have the right to be heard in person.
4) That each party may be represented by legal counsel at their own expense.
5) That each party may also be accompanied by any other person of the general public, or a IATM member in good standing.
6) Provided with a copy of the Complaints/Complaints and Discipline Committee Policies and Procedures.
7) Invited to provide written submissions within 14 days of any additional information or arguments relevant to the deliberation of the Committee.
8) Request that both parties must confirm their attendance or non-attendance for the hearing, at least 7 days prior to the date of the hearing.
9) In the event of financial incapacity of the member to attend the hearing in person, the member may apply to the Board of Directors for remuneration inline with current Travel and Expenses policies.
2. On the day of the hearing, when necessary, the Discipline Committee, the Complainant or his/her legal representative and the Member or his/her legal representative, has full right to:
1) Examine, cross-examine and re-examine all witness testimony.
2) In cases where there is a reasonable belief by the Discipline Committee that either party would suffer emotionally from a face-to-face meeting, the testimonies at the hearing may be done by teleconference or as separate in-person interviews.
3) Present evidence in defence and reply.
3. When a Member fails to attend the hearing, the Discipline Committee may proceed in his or her absence.
4. When the Complainant fails to attend the hearing and does not provide a just reason, the Discipline Committee may interpret this as a lack of commitment, and may have cause to dismiss the complaint.
5. If, during the course of a hearing, the evidence shows that the member may be guilty of misconduct different from, or in addition to, any misconduct specified in the allegation, the Discipline Committee shall adjourn the hearing for any period that the Committee considers sufficient. This is to give the Member an opportunity to prepare a defence to the amended allegation(s), unless the Member consents to continue the hearing.
6. The Discipline Committee is not bound by the formal rules of evidence applicable to court proceedings and may accept any evidence that it considers to be admissible and relevant.
7. The Discipline Committee may consider the written report of the Complaints Committee in whole or in part, or may call the Complaints Committee as a witness to present the report.
8. The Discipline committee may conduct the hearing or any part of the hearing in camera.
9. The deliberations of the Discipline Committee shall be conducted in private. No person who is not a member of the Committee shall be present.
10. The Discipline Committee shall give the findings of the hearing and provide reasons for its decisions and for any sanction ordered. This hearing report shall be sent within 14 days to the Board of Directors for their immediate action.
11. Copies of the hearing report shall be provided to both the Complainant and the Member.
12. The Discipline Committee shall advise the Member of any rights to request an appeal.
13. Upon a referral the Discipline Committee may suspend the membership of the Member pending the outcome of a hearing before the Discipline Committee.
Conflict of Interest or Bias
1. In the event that any Member of a Complaints, Discipline or Appeal Committee has a conflict of interest or is biased, that person shall declare the conflict or bias and the Chairperson of that committee shall appoint, upon Board approval, a replacement.
2. In the event of a conflict of interest on the part of a Board Member, that Director shall not participate in any discussion or action of the Board related to this file.
3. No Director shall participate in the hearing of an appeal if:
1) the Director has a conflict of interest or is biased;
2) there is any reasonable basis on which it may appear that the Director may have a conflict of interest or may be biased;
3) any Director’s participation in the process prior to the hearing of the appeal that is deemed to create the appearance of a bias.
Reinstatement
1. Reinstatement of membership is pursuant to IATM Bylaws.
Dispersal of Evidence
1. All original documents and items put into evidence at the hearing shall be returned by the Discipline Committee to the person who produced them within 28 days after the hearing has concluded.