REFERRAL TO ETHICS COMMITTEE TEAM
INFORMATION FOR Kinesiology Practitioners who are subjects of complaints.
1. On receiving a concern or complaint the KPAB Ethics Committee will decide whether the behaviour described is potentially prejudicial to the interests of the profession, professional misconduct, or behaviour which is unbecoming a Kinesiology Practitioner.
If not, the complainant will be informed and a copy of the complaint will be sent to the Practitioner explaining that the Ethics Committee is taking no further action.
If so, they will invite the Practitioner to respond to the complaint in writing to the Ethics Committee.
2. After receiving the response from the Practitioner the Ethics Committee may
(a) Decide that there is no case to answer. Both the complainant and Practitioner will be informed that there will be no further action by the Committee.
(b) Decide that more information is required or that the matter might be resolved by correspondence. Letter/s will be sent seeking further information and requesting a further written response from the Practitioner. This correspondence may bring the matter to a close or it may lead to either of the following steps.
i Decide that the behaviour complained about seems to fall short of KPAB’s professional standards and/or has caused distress for the complainant but does not meet the criteria for a formal hearing, (see below) and instead warrants an education or restorative response.
ii Decide that there is prima facie evidence of conduct which meets the criteria for a formal hearing procedure and which may, of the complaint is upheld, lead to a disciplinary response.
Criteria for choosing a formal hearing procedure:
The behaviour complained about
- Is prohibited behaviour or fails to meet required standards of behaviour described in the KPAB Code of Ethics
- Is behaviour that falls short of that expected of a reasonable competent practitioner.
- Brings the profession of Kinesiology into disrepute.
- And which, in the opinion of the Ethics Committee is unlikely to be remedied except through the imposition of sanctions as defined in KPAB Complaint Process.
Ethics Resolution Process
The resolution process has been designed to enable KPAB to:
- 1. Formulate an understanding of the circumstances that led to the complaint being made.
- 2. Identify any ways that the Practitioner may have contributed to the situation.
And if this is found to be the case
- 3. Propose restorative and/or educational actions to minimise the likelihood of such events recurring.
The Ethics Committee after considering the written complaint and the written response will select two ethics resolution team members, who do not have a conflict of interest with either of the parties, to facilitate a resolution of the complaint.
Meeting with Complainant:
The two resolution team members will arrange to meet with the complainant who may choose to bring a support person. There will be no electronic recording of the discussion. The meeting will provide an opportunity for the team members to hear the complainant’s account of what happened, to learn more about the circumstances that led to the complaint and to discuss expectations and possible outcomes.
Meeting with the Practitioner:
The two team members will meet with the Practitioner to discuss the concerns raised by the complaint. There will be no electronic recording of the discussion. The meeting will provide an opportunity for the team members to hear the Practitioner’s account of what happened, to learn more about the circumstances that led to the complaint, and, where appropriate, to invite reflection and review.
1. No further action.
2. Facilitating a private resolution between the parties.
3. Identifying any restorative or educational steps the Ethics Resolution Team requires the Practitioner to take e.g. acknowledgement, apology, further education or training, specialist consultation.
The matter will be closed when the ethics resolution team members are satisfied that the matter is resolved. Information about the outcome or progress towards the outcome will be sent to the Registrar within one month from the time of the final meeting.
Both parties will be informed about the outcome and then the matter is closed. Formal correspondence may be drafted by the Ethics team members but will be sent and received by the Registrar KPAB.
The complaint, the response and any formal correspondence relating to the substance of the complaint and any following action will be kept on file kept by the Registrar KPAB. The Registrar is responsible for sending any written material created during the process. The Ethics team members will destroy all copies in their possession once the matter is closed.