In December 2020, we commissioned a Learning Review of our whole complaints process, 18 months after having made changes to enable anonymous and hearsay evidence to be considered.
Tell Jane, a HR consultancy specialising in preventing workplace harassment undertook that review, and made a series of recommendations, all of which were accepted by the Board and set out in our Action Plan to tackle harassment in the fundraising community.
Based on the decisions set out in the Action Plan our lawyers, Bates Wells, have redrafted our Complaints and Disciplinary Rules.
The links below show the current Complaints & Disciplinary Rules together with the proposed redrafted version.
The key substantive changes that have been made are:
- A simplified, one-stage investigation process prior to any disciplinary process
- The use of specialist independent investigators for allegations related to discrimination, bullying or sexual misconduct or harassment, including sexual harassment
- Giving specific authority and roles to the proposed Professional Conduct Committee and its members
- Setting out the role of the new Complaints & Disciplinary Manager
- A revised approach to the publication of decisions.
We would like your feedback on these changes before they are agreed by the Trustees.
Based on our experience over the last two years we are also proposing a change to the Regulations which sit behind our Royal Charter. This proposed change will need agreement from our members through the AGM.
We want to make it explicit in our Regulations that we have the right to pursue an investigation and disciplinary action against a former member after they have left the Institute, if the alleged breach of the Code of Conduct took place while they were a member.
The proposed amendment to Regulation 38.3 of the Chartered Institute is set out below, with comments from our lawyers, Bates Wells. We would also like your feedback on this proposed change.
That Regulation 38.3 of the Regulations of the Chartered Institute shall be amended to read as follows:
The Trustees shall make (and may alter) rules, to be known as the Institute’s “Complaints and Disciplinary Rules” for the purpose of handling and resolution of complaints and disciplinary matters relating to the conduct of members, which shall include the conduct of former members while they were members.
Notes
- The purpose of the resolution is to make it clear that the Chartered Institute’s Complaints and Disciplinary Rules apply to conduct while a person is a member and cannot be avoided by a member resigning. The resolution will add the words ‘which shall include the conduct of former members while they were members’ in order to make this clear.
- This resolution requires a majority of 75% of those members entitled to vote and voting at a general meeting of the Chartered Institute.
- The revised Complaints and Disciplinary Rules do not need to be approved by the members as they are for agreement by the Trustees, but they can be altered by the members and should of course be notified to them.
Please note that before these proposed changes are put to members and Trustees for agreement, we will also take legal advice to ensure they are compatible with the different legislative and regulatory frameworks around the UK.
Please submit your comments to feedback@institute-of-fundraising.org.uk by midday on 26 May 2021