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AGO Professional
Development
PROCEDURES
SAMPLE LETTERS
GUIDELINES for PROCEDURES
DISCIPLINE
The Discipline is to be used when an individual Member of
the AGO or an AGO Chapter Executive Committee wishes to file a complaint
against another Member for a violation of the Code of Ethics.
Procedures for Dealing with Complaints About Termination ("Grievance
Procedures")
Approved by the Executive Committee of the National Council of the
AGO 6/11/01
PROCEDURES
click here for this document as pdf:
Grievance Procedures,
Letters, Guidelines
The Procedures for Dealing with Complaints about Termination are not legal
proceedings. They are a means to determine
a. if an Institution has wrongfully terminated a member and
b. if there are circumstances under which the Guild shall prohibit its
members from accepting regular or permanent employment by that Institution.
Neither party may participate through legal counsel. If either party insists
upon involving legal counsel in the Procedure, these Procedures shall
be terminated.
While a contract is recommended, its presence is not necessary to invoking
these procedures.
The Procedure should be initiated as soon as possible after termination,
but must be submitted within 90 days of the termination.
Exceptions to these Procedures may be made at the discretion of the Councillor
for Professional Development, in consultation with the Committee on Career
Development and Support.
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I. At the Chapter Level
A. When a Member wishes to pursue the Procedures for Dealing
with Complaints about Termination (Grievance Procedures) the Member shall
request assistance, in writing, from the Dean of his/her chapter. This
written request shall outline his/her work history in the Institution
and claim of wrongful termination, and should be accompanied by a copy
of the Member's employment agreement with the Institution, if there is
one, or other supporting documentation, e.g. letter of agreement. The
Member, by so doing, agrees to cooperate fully. If cooperation is withheld
at any point, the Guild may withdraw its support of the Member and close
these Procedures.
B. The Dean shall provide copies of the Member's letter and accompanying
documentation to the following Individuals:
* Chapter Coordinator for Professional Development (or another chapter
officer if there is no Chapter Coordinator for Professional Development)
* Regional Councillor
* Regional Coordinator for Professional Development
* National Councillor for Professional Development.
These Individuals shall promptly decide if the Member's complaint shall
be acted upon. (This may be done by telephone conference call.)
The Member shall be notified of these Individuals’ decision within
seven days. If the Member disagrees with the decision of these Individuals,
s/he may request within 30 days, through the National Councillor for Professional
Development, that the National Committee for Career Development and Support
review the decision. The Committee’s determination shall be final.
C. If the Member's complaint deserves further consideration,
the Regional Councillor shall appoint a Committee Director, who shall
convene the Committee and sign all correspondence.
The Committee, appointed to carry out the Grievance Procedures, shall
be made up of the following individuals:
* One or two members of the chapter, appointed by the Dean (the Dean may
be one);
* Regional Councillor (or his/her representative)
* Regional Coordinator for Professional Development (or his/her representative)
* National Councillor for Professional Development (or his/her representative).
To avoid conflict of interest, no member of the Committee may be a member
or employee of the Institution. (Note: It can be helpful if one of the
chapter's representatives is ordained.)
D. The following notice shall be published in the local
chapter media. The local chapter shall refuse to advertise a regular or
permanent vacancy at the Institution while these Grievance Procedures
are pending.
(Notice A) Notice Informing Membership Of Case in Progress
On (date) an AGO Member filed a formal complaint against (Institution's
Name) for wrongful termination of employment. The Guild is investigating
the matter according to the AGO's Procedures for Dealing with Complaints
about Termination. No determination has been made at this time.
Although Guild Members may provide substitute or interim services, no
Member may seek or accept regular or permanent employment with (Institution's
Name) while these Procedures are pending. Contact AGO Headquarters for
the current status of this case.
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II. At the Committee Level
A. At least two members of the Committee shall meet with
the Member in person. If, after frank discussion with the Member and a
review of his/her employment agreement and/or other pertinent documents,
the Committee does not consider the Member's claim to be valid, it may
close the Grievance Procedures.
If the Member disagrees with the decision of these Individuals, s/he may
request within 30 days, through the National Councillor for Professional
Development, that the National Committee for Career Development and Support
review the decision. The Committee’s determination shall be final.
B. If it believes the Member's complaint deserves further
investigation, the Committee shall immediately take the following actions:
(1.) Request through the National Councillor for Professional Development
that no advertisement for the position be included in The American Organist,
or on the Guild's Web site.
(2.) Notice A (above) will be published in the "Positions Available"
section of The American Organist, on the Guild's Web site and in local
chapter media as appropriate. Any departure from this wording must be
approved by the National Councillor for Professional Development before
publication.
(3.) Notify the appropriate leadership of the Institution, by telephone
and then in writing, that the AGO has been asked by a Member (named) to
investigate a charge of wrongful termination.
* Make it clear that the process has merely begun, that no determination
has been made, and that the Institution will receive, within one week,
a copy of these Grievance Procedures.
* Set a time limit within which the Committee intends to complete its
deliberations.
* Set the time for a meeting between the Institution and the Committee.
This meeting should take place within 30 days of the receipt of the notification.
* Advise the Institution that its failure to participate in this process
may result in a finding in favor of the Member.
(4.) Request from the Member the names, addresses, and telephone numbers
of three regular Observers of his/her work within the Institution. In
religious institutions, these Observers should be lay leaders, preferably
a volunteer choir member, a member of the elected lay leadership, and
a member of the congregation at large.
* Send Observers a copy of the Grievance Procedures after they have been
contacted by the Committee and have agreed to participate.
* The Committee shall request from the Observers, in writing, a frank
evaluation of the Member's work, competence, and influence in the Institution,
and solicit the Observers' responses to the Institution's action(s).
* The Committee should solicit the Observers' opinions of both the reasons
and the manner in which the Member was terminated. Observers should be
assured that all information, written or spoken, is confidential and will
be shared only among the Committee members (not with the Member or the
Institution).
C. After receiving the Observers' written evaluations, the Committee
shall speak with the Observers as needed. At least two members of the
Committee shall then meet in person with representatives of the Institution
and separately with the member, if necessary for the purpose of clarification.
D. All Committee members (including the representatives of individuals
named above in section I.C.) shall receive copies of all correspondence
generated and received in connection with the inquiry.
E. The Committee shall promptly evaluate the information
received from the Member, Institution, and Observers. After consultation
with the Regional Councillor and the National Councillor for Professional
Development, the Committee shall complete a written report that includes:
* a summary of the proceedings
* an explanation of its conclusion(s)
* its recommendations for action.
Copies of this report shall be sent to the Dean (to be shared with the
Executive Committee), the Regional Councillor, Regional Professional Development
Coordinator, and the National Councillor for Professional Development.
F. If, in the opinion of the Committee, the Grievance
Procedures revealed questionable behavior on the part of the Member or
wrongful termination of the Member by the Institution, the Committee may
make such recommendations as it feels are necessary to resolve the situation
and to prevent a recurrence. The Institution shall be reminded of the
opportunity to resolve the situation within 60 days. (See IV. Conflict
Resolution.)
G. The Committee shall prepare letters summarizing the Committee's
conclusions, which will be submitted to the National Councillor for Professional
Development for approval.
Following approval, the letters shall then be sent to the Member, Institution,
and observers.
The Member and observers shall be cautioned not to discuss the final outcome
until the 60 days allotted for resolution have passed.
H. The response of the Institution is to be directed
to the convener of the Committee, who will then share it with members
of the Committee, including:
* Regional Councillor (or his/her representative)
* Regional Coordinator for Professional Development (or his/her representative)
* National Councillor for Professional Development (or his/her representative)
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III. At the National Level
A. If the 60-day limit passes with no resolution, the
National Councillor for Professional Development shall notify the Institution
in writing that the period for resolution has passed, and shall notify
the National Council of these actions to be taken at the chapter, regional
and national levels of the Guild:
(1.) Announcing the decision in The American Organist, on the Guild's
Web site and through local chapter media as appropriate using the following
language:
(Notice B) Notice Informing Membership of Outcome of Case
The National Council has determined that a position at (Institution's
Name) was made vacant by wrongful termination of a member of the American
Guild of Organists on (date).
In keeping with the AGO Code of Ethics, members shall not seek or accept
employment or attempt to place a student or colleague in the position
until the National Council has declared that differences between the Guild
and (Institution's Name) have been resolved.
(2.) Directing the editor of The American Organist, the Guild's Web site,
and appropriate chapter media to refrain from advertising any music positions
at the Institution.
(3.) Notifying the leadership of the appropriate denominational music
organization of the decision.
B. If the Member disagrees with the decision of the Committee,
he/she may request, within 30 days, through the National Councillor for
Professional Development, that the National Council shall, as soon as
possible, review the decision.
The Committee will notify the Institution that the Member has appealed
the Committee’s decision. Under such circumstances, the notices
about the case will continue to appear in the American Organist, on the
Web site, and in the chapter newsletter, and no advertising of the vacancy
may be published therein.
The National Council's determination shall be final.
C. If no resolution has occurred, the notice printed
above (Notice B) shall appear in a box for 3 months in The American Organist,
on the AGO Web site, and in local chapter media.
After three months, a listing giving the name of the Institution and date
of the termination incident will be printed in the following venues:
* in The American Organist,
* in the local chapter media,
* and listed on the AGO Web site.
This notice shall be printed in perpetuity until a resolution has been
reached.
(Notice C) Notice in Perpetuity
(Institution) wrongfully terminated a member of the American Guild of
Organists on (date) for which no resolution has been reached.
Note: When an Institution is found to have wrongfully terminated a member
of the AGO, no Guild Member may serve that Institution in an interim,
substitute, or independent contractor capacity beyond a 90-day period
following the date of this finding.
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IV. Conflict Resolution
A. When an Institution wishes to resolve a termination
that has been addressed by these procedures (within the 60 days allotted
in these Grievance Procedures or at a later date) a committee (hereafter
a Committee) appointed by the Regional Councillor shall review the documents
from the original complaint.
This Committee shall consist of the following members:
* A chapter representative,
* Regional Councillor (or his/her representative),
* National Councillor for Professional Development (or his/her representative).
If possible, its members shall be the members of the Committee that handled
the original complaint.
The Regional Councillor shall appoint a Committee Director, who shall
sign all correspondence.
Guided by the documents from the original complaint, the Committee may
request that the Institution take specific actions, which, among other
things, shall include one or more of the following:
* Reinstatement of the wrongfully terminated member.
* A good-faith effort to resolve financial issues with the Member, including,
but not limited to, reimbursement of lost income and attending benefits.
* Providing the Committee with a proposed contract or letter of agreement
pertaining to the position, using the American Guild of Organists' sample
contract as a model.
B. If the Committee is satisfied with the Institution's
response, it shall recommend to the National Council, through the National
Councillor for Professional Development, that the conflict between the
Institution and the American Guild of Organists be declared resolved.
The National Council shall take such actions as it deems necessary, including:
* Announcing the resolution in The American Organist, on the Guild's Web
site, and in local chapter newsletters as appropriate, stating that AGO
members may accept employment with the Institution. This notification
shall be printed for three months.
* Directing the editor of The American Organist, the Guild's Web site,
and chapter placement services to accept advertising for music positions
at the Institution.
* Notifying the leadership of the appropriate denominational music organization
of the resolution.
The following is the statement to be printed in the venues listed above:
(Notice D) Notice Informing Guild Membership of Resolution of Case
On (date) the American Guild of Organists declared resolved the case of
wrongful termination brought against (Institution's Name). Guild Members
may now accept employment at this Institution.
Updated Mon, June 11, 2001
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SAMPLE LETTERS
Note: use only AGO or plain stationery, not personal or church letterhead
(Letter 1)
LETTER FROM INDIVIDUALS APPROVING/DENYING FURTHER ACTION
To be sent by Certified Mail
Dear (Member),
The Individuals have evaluated your complaint of wrongful termination
by (Institution). Upon careful examination of your documents we have concluded
that further action is/is not warranted.
The Individuals’ reasoning was (list reasons for the Individuals’
finding while maintaining the confidentiality required by the Procedures).
If you disagree with this decision, an appeal may be initiated (Procedures
I.B.)
Sincerely yours,
Chapter Dean
Certified Mail No.
(Letter 2)
INITIAL CONTACT WITH THE INSTITUTION
To be sent by Certified Mail
Dear (Name),
I am writing on behalf of a committee formed at the direction of the National
Council of the American Guild of Organists (AGO) that has been charged
with investigating a complaint of wrongful termination brought to the
attention of the AGO by our member (Name). (Member Name) claims that on
(date), s/he was wrongfully terminated as (Position Title) of (Institution’s
Name).
The AGO treats complaints of wrongful termination with great seriousness
and has established Procedures for fairly dealing with such complaints;
a copy is enclosed. I would especially like to emphasize the importance
of several items listed in the enclosed Procedures:
a. These Procedures are not legal proceedings. Neither party may participate
through legal counsel.
b. At this point in the investigation no determination of wrongful termination
has been made.
c. The membership of the AGO will immediately be notified that this investigation
is underway and that although Guild members may provide substitute or
interim services, no member of the AGO may seek or accept regular or permanent
employment with (Institution’s Name) while these Procedures are
pending.
Our committee requests a meeting with you as soon as possible but no later
than (date). During this meeting we would like to frankly discuss the
reasons for (Member Name’s) termination. It is our goal that all
parties be given an impartial and confidential hearing. I will be in contact
with you on or before (date) to arrange this meeting. We plan to complete
the investigation and make a determination by (date).
Sincerely yours,
Committee Director
Certified Mail No.
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Return to beginning of sample
letters
(Letter 3)
INITIAL CONTACT WITH OBSERVERS
Dear (Name),
I am writing on behalf of a committee formed at the direction of the National
Council of the American Guild of Organists (AGO) that has been charged
with investigating a complaint of wrongful termination brought to the
attention of the AGO by our member (Name). (Member Name) claims that on
(date), s/he was wrongfully terminated as (Position Title) of (Institution’s
Name).
(Member Name) has given us your Name to contact as an Observer during
our investigation. To assist us, we would appreciate, in writing, your
frank evaluation of (Member Name’s) work, competence, and influence
at (Institution’s Name). Also, please respond to both the reasons
and the manner in which (Member Name) was terminated.
The Procedures provide for the confidentiality of your evaluation. It
will be shared only among the Committee members and not with (Member Name)
or (Institution’s Name).
The AGO treats complaints of wrongful termination with great seriousness
and has established Procedures for fairly dealing with such complaints;
a copy is enclosed. I would especially like to emphasize the importance
of several items listed in the enclosed Procedures:
a. a. These Procedures are not legal proceedings. Neither party may participate
through legal counsel.
b. b. At this point in the investigation no determination of wrongful
termination has been made.
c. c. The membership of the AGO will immediately be notified that this
investigation is underway and that although Guild members may provide
substitute or interim services, no member of the AGO may seek or accept
regular or permanent employment with (Institution’s Name) while
these Procedures are pending.
It is our goal that all parties be given an impartial and confidential
hearing. We would appreciate your response within one week in order that
we may complete this investigation by (date). We appreciate your participation
in this important process. If you have any questions, please contact (Contact’s
Name) at (Contact’s Telephone Number).
Sincerely yours,
Committee Director
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letters
(Letter 4)
TO THE MEMBER WHEN FINDING IN FAVOR OF THE MEMBER
To be sent by Certified Mail
IMPORTANT: THE WORDING OF THIS LETTER MUST BE
APPROVED BY THE NATIONAL COUNCILLLOR FOR PROFESSIONAL DEVELOPMENT
Dear (Name),
The Committee appointed to carry out the Grievance Procedures has completed
its investigation of your charge of wrongful termination by (Institution’s
Name).
After careful consideration of your supporting documents, including the
review of statements from your Observers, and discussions with representatives
of (Institution’s Name), we find that wrongful termination did occur.
(Here you should list reasons for the Committee’s finding while
maintaining the confidentiality required by the Procedures).
We are writing to (Institution’s Name), informing them of our decision
and giving them an opportunity to resolve the situation to the satisfaction
of the Committee within 60 days. In the meantime, no AGO member may seek
or accept regular or permanent employment with (Institution’s Name).
If no resolution is reached within 60 days, the National Councillor for
Professional Development shall notify (Institution’s Name) in writing
that the period for resolution has passed, and shall notify the National
Council of these actions to be taken at the chapter, regional and national
levels of the Guild:
This statement will be published in the chapter media, The American Organist,
and on the AGO Web site:
The National Council has determined that a position at (Institution’s
Name) was made vacant by wrongful termination of a member of the American
Guild of Organists on (date).
In keeping with the AGO Code of Ethics, members shall not seek or accept
employment or attempt to place a student or colleague in the position
until the National Council has declared that differences between the Guild
and (Institution’s Name) have been resolved.
Likewise, the editor of The American Organist, the Guild’s Web site,
and appropriate chapter media will be directed to refrain from advertising
any music positions at (Institution’s Name).
Leadership of the appropriate denominational music organization will be
notified of the decision.
We would like you to know that you have the full support of the Committee.
Sincerely yours,
Committee Director
Certified Mail No.
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to beginning of sample letters
(Letter 5)
TO THE INSTITUTION WHEN THE COMMITTEE
FINDS IN FAVOR OF THE MEMBER
To be sent by Certified Mail
IMPORTANT: THE WORDING OF THIS LETTER MUST BE
APPROVED BY THE NATIONAL COUNCILLOR FOR PROFESSIONAL DEVELOPMENT
Dear (Name),
The Committee appointed to carry out the Grievance Procedures has completed
its investigation of the charge of wrongful termination by (Name of Member).
After careful consideration of the supporting documents, including the
review of statements from the Observers, and discussions with representatives
of (Institution’s Name), we find that wrongful termination did,
indeed, occur. (Here you should list reasons for the Committee’s
finding while maintaining the confidentiality required by the Procedures).
It is our hope that a situation like this can be avoided in the future.
We would like to be assured that certain precautions are in place for
the next musician. In accordance with the AGO Procedures for Dealing with
Complaints about Termination, we would like to offer you an opportunity
to resolve the situation to our satisfaction within 60 days. (see Procedures
IV A for possibilities of conditions for resolution.)
Until resolution is reached, there may be no advertisement of the position
in The American Organist, on the AGO Web site or in the local chapter
media. AGO members may neither seek nor accept regular or permanent employment
with (Institution’s Name). Leadership of the appropriate denominational
music organization will be notified of the decision.
We would like you to know that we will do everything possible to effect
a resolution of this matter. Please feel free to contact me if I can be
of any assistance to you.
Sincerely yours,
Committee Director.
Certified Mail No.
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Return to beginning of sample
letters
(Letter 6 )
TO THE MEMBER WHEN FINDING IN FAVOR OF THE INSTITUTION
To be sent by Certified Mail
IMPORTANT: THE WORDING OF THIS LETTER MUST BE
APPROVED BY THE NATIONAL COUNCILLOR FOR PROFESSIONAL DEVELOPMENT
Dear (Name),
The Committee appointed to carry out the Grievance Procedures has completed
its investigation into your charge of wrongful termination by (Institution’s
Name).
After careful consideration of your supporting documents, including the
review of statements from your Observers, and discussions with representatives
of (Institution’s Name), we find that wrongful termination did not
occur. (Here you should list reasons for the Committee’s finding
while maintaining the confidentiality required by the Procedures). An
appeal procedure is provided in Procedures III. B.
We are concerned any time one of our colleagues is terminated from a position.
Your contributions to the profession are valued. If there are ways the
Committee may be helpful to you in the future, please feel free to contact
us.
With every good wish,
Committee Director
Certified Mail No.
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Return to beginning of sample
letters
(Letter 7)
TO THE INSTITUTION WHEN COMMITTEE FINDS IN FAVOR OF THE INSTITUTION
To be sent by Certified Mail
Dear (Name),
The Committee appointed to carry out the Grievance Procedures has completed
its investigation into the charge of wrongful termination by (Name of
Member).
After careful consideration of the supporting documents, including the
review of statements from the Observers, and discussions with representatives
of (Institution’s Name), we find that wrongful termination did not
occur.
It is now possible for this position to be advertised in The American
Organist, on the AGO Web site and in the local chapter media. AGO members
may now accept employment at (Institution.)
We very much appreciate your cooperation in this matter and wish you all
the best as you seek to fill this position.
Sincerely yours,
Committee Director
Certified Mail No.
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Return to beginning of sample letters
(Letter 8)
TO THE INSTITUTION IF THE 60-DAY LIMIT IS REACHED WITH NO RESOLUTION
To be sent by Certified Mail
Dear (Name),
As outlined in the letter of (date of previous letter) from (Committee
Director), the 60-day limit has been reached with no resolution. Therefore
the following notice will be published in The American Organist, on the
AGO Web site and in the local chapter media:
(Institution) wrongfully terminated a member of the American Guild of
Organists on (date) for which no resolution has been reached.
Until a resolution is reached, no AGO member may serve your institution
in an interim, substitute or independent contractor capacity beyond a
90—day period following the date of the receipt of this letter.
We remain available to assist with the resolution of this matter.
Sincerely yours,
National Councillor for Professional Development
Certified Mail No.
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letters
(Letter 9)
TO THE OBSERVERS WHEN THE INVESTIGATION HAS BEEN COMPLETED
Dear (Name),
The Committee assigned to the grievance involving (Institution and Name
of Member) has completed its investigation into the charge of wrongful
termination. After careful consideration of all supporting documents and
information, the committee found in favor of (Institution or Name of Member).
Your timely and thoughtful response about (Name of Member) greatly aided
our investigation. The Committee would like to thank you for taking part
in this process.
Sincerely yours,
Committee Director
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letters
Guidelines for the AGO Grievance Procedures
Approved by the Executive Committee of the National Council
of the AGO 6/11/01
GUIDELINES
At the Chapter Level
1. Only Members may implement the Procedures. A chapter cannot implement
the Procedures, nor can an Institution. (Disputes between and among Members
are resolved through the AGO Discipline.)
2. Prompt action by the Member is advisable. There is nothing to prevent
an AGO member from accepting the position if a grievance has not been
filed.
3. The importance of confidentiality cannot be overemphasized. Information
gathered in and outside of meetings should be held in the strictest confidence.
4. Evidence of the direct participation of legal counsel by either party
will immediately terminate the Procedures. Examples of such participation
include letters from attorneys, bringing the attorney to meetings scheduled
under the Procedures, and refusing to answer questions on the specified
advice of the attorney.Parallel litigation does not necessarily terminate
the Procedures.5. In the early stages, the Chapter engages in fact-finding,
only. It should never give the appearance of promoting the interests of
either side. This is a time for inquiry, not advocacy, regardless of the
appearance of the case.
6. Timeliness is essential in implementing the Procedures. Always send
a copy of the Procedures to the parties as soon as possible. (The most
recent version may be downloaded from the AGO Web site: www.agohq.org.)
See sample letters at the end of this document for initial contact with
the Institution.
7. If the Individuals listed in Procedures I. B. determine that the case
is without merit, the Member could appeal the closing of the Procedures.
If that happens, the “case in progress” status applies until
the appeal is decided.
8. Critical correspondence should be sent certified mail, return receipt
requested with copies kept in the file. Always include the certified mail
number on the document (and the file copy) being sent.
9. At this stage, it is advisable to “flush out” the actual
dispute and separate it, if possible, from collateral issues. For example,
if the termination is really due to conflicting musical tastes between
employee and employer, it may be cause for termination if done under the
contract and/or in accordance with law. It should not be confused with
other matters which might have aggravated the conflict, such as lack of
communication, insubordination and personality clashes, which may or may
not, in and of themselves, also be grounds for termination.
10. A Chapter will act upon the complaint where there appears to be wrongful
termination. Examples of wrongful termination may include (but are not
limited to):
* Dismissal inconsistent with the existing employment agreement, the Institution’s
personnel policy and/or past practice
* Failure to communicate
* Discrimination
* Intimidation and harassment
* A record of good performance reviews followed by sudden termination
* Conduct that offends the Committee’s sense of fairness
11. An otherwise timely termination notice or resignation does not automatically
preclude the Procedures if precipitated by fraud or duress.
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At the Committee Level
12. If the Procedures are closed because the Committee does not consider
the Member’s claim to be valid, this determination might be appealed.
The “case in progress” status applies until the appeal time
(30 days from receipt of notification) has expired or until the appeal
is decided.
13. A “paper trail” is essential. Copies of all correspondence,
e-mails, faxes, summaries of phone calls, and documentary evidence should
be archived indefinitely.
14. The Member is entitled to know, in general terms, the reasons for
the Committee’s decision, without the Committee violating the confidentiality
clause contained in the Procedures.
15. Hearsay encompasses oral or written statements being used to support
the truthfulness of a matter at issue when the person making the statement
is not present for questioning. The Committee should be wary of hearsay,
written or oral, when interviewing the Member, Observers and representatives
of the Institution. Although the Procedures do not invoke strict legal
rules, hearsay is not generally reliable. Be fair to both sides and be
consistent in the treatment of all evidence. The Committee should, at
least, discuss the reliability of any hearsay before accepting it and
should decide what weight, if any, to accord it.
16. The burden of proof is usually upon the party seeking relief, i.e.
the Member. It is therefore necessary for the Member to cooperate fully
and present all relevant materials in a timely fashion.
17. In a simple majority vote of the Committee weighing the evidence,
the standard of proof is a “preponderance of the evidence,”
more than 50%.
18. All contact with the parties outside of the meetings should be in
writing, with copies retained by the Committee.
19. It is anticipated that during the investigation, the parties’
input may not be totally forthcoming or relevant. In that case, specific
written questions from the Committee to the parties and/or Observers may
be appropriate.
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At the National Level
20. This section of the Procedures has two parts. First, it outlines the
sanctions available to the Member if the Member prevails [see Procedures
III. A.]. Second, it provides a final stage of appeal for the Member [Procedures
III.B.]. The appeal may be written or it may be by way of a hearing.
21. Appeals do not normally provide opportunities for a rehearing of the
case or the presentation of additional evidence. An appeal should only
determine whether the previous decisions under the Procedures are supported
by the facts and controlling authorities, such as the parties’ written
contract, the Institution’s past practice, personnel manual, etc.
Conflict Resolution
22. Conflict resolution is available to the Institution when the Procedures
have “addressed” a termination. Therefore, the matter need
not have been completed or carried through fully in order for the Institution
to resolve the dispute [Procedures IV.A.].
23. At some point, the Committee may be called upon to evaluate the reasonableness
of the Member’s demands for a particular remedy.
24. A Member should be counseled regarding the consequences and desirability
of being reinstated to any position from which s/he has been terminated.
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TIMELINE FOR IMPLEMENTATION OF GRIEVANCE PROCEDURES
Chapter Level
1. Within 90 days of termination: Grievance Procedure initiated in writing.
2. Dean provides Members letter and documentation to Individuals.
3. Individuals promptly decide on merit of complaint.
4. Notice A in Grievance Procedures is printed in Chapter media.
5. Within 7 days of the Individuals’ decision: Member notified in
writing. [Sample Letter 1]
6. If Member disagrees with the decision of the Individuals, within 30
days s/he may request through the National Councillor for Professional
Development, that the National Committee for Career Development and support
review the decision and offer an opportunity for a written appeal.
7. If the complaint deserves further consideration, Regional Councillor
appoints Committee Director.
Committee Level
8. 2 or more Committee members meet with Member to make a determination
whether or not to continue with the Procedures.
9. If Member disagrees with the decision of the Committee, within 30 days
s/he may request through the National Councillor for Professional Development,
that the National Committee for Career Development and support review
the decision and offer an opportunity for a written appeal
10. If complaint deserves investigation, TAO and the AGO Web site are
notified that they shall accept no advertising for this position.
11. Notice A in Grievance Procedures is placed in TAO, on Web site and
continued in chapter media,
12. Committee informs Institution of complaint. [Sample Letter 2]
13. Committee requests names of Observers from Member.
14. Evaluation requested from Observers. [Sample Letter 3] and Committee
meets with the Observers as needed.
15. Within 30 days of notification of the Institution, the at least 2
members of the Committee meets with representative of Institution.
16. Committee sets time for completion of deliberations.
17. Committee meets with Member if necessary for clarification.
18. Committee promptly evaluates all information and, in consultation
with the Regional Councillor and National Councillor, prepares a report.
19. If Committee finds that the member was wrongfully terminated, the
Institution has 60 days to resolve the situation. [Sample Letter 4 to
Member and Sample Letter 5 to Institution] If the committee finds that
the member was not wrongfully terminated, the Committee sends Sample Letter
6 to the Member and Sample Letter 7 to the Institution.
20. If 60-day period passes with no resolution, National Councillor notifies
the Institution of that fact [Sample Letter 8] and Notice informing Membership
of Outcome of Case is placed in TAO, on AGO Web site and in local chapter
media. [Notice B in Grievance Procedures]
21. Observers thanked for their assistance. [Sample Letter 9]
22. Within 30 days: appeal may be filed if the member disagrees with the
decision. During that time notices continue to run in TAO, on Web and
in chapter media and the position may not be advertised in AGO media.
23. For 3 months: Notice B appears in a box in TAO, on Web site and in
chapter media if no resolution occurs..
24. After 3 months has passed: a listing giving the name of the institution
and date of termination is printed in TAO, on Web site and in chapter
media in perpetuity. [Notice C in Grievance Procedures]
25. At a later date: A Committee may be appointed to deal with the Institution
if it wishes to resolve the situation.
26. At such time as the case is resolved, Notice D in Grievance Procedures
is published in TAO¸ on the Web Site and in local chapter media.
Updated Sunday, July 8, 2001
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DISCIPLINE
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Discipline
The Discipline is to be used when an individual Member of the AGO or an
AGO Chapter Executive Committee wishes to file a complaint against another
Member for a violation of the Code of Ethics.
Neither the complainant nor the accused may participate through legal
counsel. If either party insists upon involving legal counsel in the Discipline,
the procedures shall be terminated.
Confidentiality: The proceedings relating to the Discipline are to be
considered confidential. The final determination will be made known to
both parties, but all discussions and any supporting documentation will
remain confidential.
I. AT THE CHAPTER LEVEL
A. The complaint should be filed, in writing, with the Dean of the accused
Member’s chapter, the District Convener, or the Regional Councillor.
It should be filed within 30 days of the time the alleged violation becomes
known. The complaint should outline the nature of the alleged violation,
and be accompanied by any supporting documentation. The Member filing
the complaint agrees to cooperate fully with this process.
B. The officer who receives the complaint shall forward a copy of the
letter and a copy of the Discipline to the accused Member, and request
a response in writing within 15 days. The Discipline process will continue
with or without a response from the accused Member.
C. The officer who received the original complaint shall provide copies
of both Members’ letters and accompanying documentation to the following
individuals, who shall together promptly decide if the complaint should
be acted upon:
* Chapter Coordinator for Professional Development (or another chapter
officer if there is no Chapter Coordinator for Professional Development)
* Regional Councillor
* Regional Coordinator for Professional Development
* National Councillor for Professional Development
D. If it is determined that the complaint deserves no further consideration,
no other proceedings are necessary. The Regional Councillor shall notify
both Members promptly, in writing, of this determination.
E. If it is determined that the complaint deserves further consideration,
the Regional Councillor shall appoint a Committee director, who shall
convene the Committee and sign all correspondence. The Committee, appointed
to carry out the Discipline, shall be made up of the following individuals:*
two members of the chapter, appointed by the Dean (the Dean may be one)
* Regional Councillor (or his/her representative)
* Regional Coordinator for Professional Development (or his/her representative)
* National Councillor for Professional Development (or his/her representative)
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II. AT THE COMMITTEE LEVEL
A. Within 30 days of the decision to proceed, the Committee shall have
a meeting with both the complainant and the accused Members present. At
least 3 of the 5 members of the Committee must be present. Both Members
should be given adequate opportunity to discuss the situation with those
members of the Committee present. A written record of the meeting should
be kept, and distributed to all members of the Committee as soon as possible
following the conclusion of the meeting.
B. The entire Committee shall meet within 15 days of the above meeting
to discuss the case. If a majority of the Committee feels that further
investigation is necessary, such investigation should be undertaken and
completed within 30 days, at which time the entire Committee will reconvene.
The Committee will decide on an appropriate response:
* Exoneration, meaning that no wrongdoing was found.
* Censure, including a written reprimand from the Committee. The Committee
may also determine that certain conditions should be met in order to maintain
AGO membership. Those might include a letter of apology or compensation
for lost income. If the censured Member fails to comply with the conditions
within a reasonable length of time, the Committee may recommend expulsion.
* Expulsion, an extraordinary remedy that is applied in the most extreme
circumstances. If the Committee decides to recommend this response, that
decision must be ratified by the National Council.
C. The Committee shall notify both Members of their decision immediately.
D. The Committee shall formulate a final report that includes their recommendation
and the reasons for it, as well as the supporting documentation from the
investigation. This report will remain in the chapter files of the accused
Member’s chapter.
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III. AT THE NATIONAL LEVEL
A. If the recommendation of the Committee is expulsion, the National Councillor
for Professional Development will forward the Committee’s report
to the National Council. The Council will consider the case as soon as
possible. It may vote to uphold the Committee’s recommendation of
expulsion, or take other action as it deems appropriate. The National
Council’s determination is final.
B. The decision of the National Council will be reported by the National
Councillor for Professional Development to the investigating Committee.
The National President will inform both Members in the case of the National
Council’s determination.
IV. REINSTATEMENT
A person who has been expelled from membership in the AGO may seek to
reapply for membership after 3 (three) years have passed. The application
should include a statement from the expelled Member outlining the reasons
why his/her readmission is merited. It should also include letters in
support of the application from three voting Members in good standing.
The application should be addressed to the National President, for consideration
by the National Council at its next meeting.
Updated Thursday, September 20, 2001
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