Article 1. Definitions
1 In this regulation the following definitions apply:
Board: The competent authority of the foundation.
Director: The director of the foundation.
Complainant: An (ex-) student, a board member, a lecturer or volunteer who performs work for the foundation, as well as a person who is otherwise part of the study center, who has submitted a complaint.
Complaint: A complaint about a behavior or decision or failure to act or not to take decisions of the accused, including a complaint about sexual harassment, discriminatory behavior or aggression;
Defendant: A (former) student, a staff member, a board member, a board member, a volunteer who performs work for the foundation, as well as a person who is otherwise part of the study center, against whom a complaint has been filed.
Confidence Inspector: The Director Academy Qing Bai, the Netherlands.
2 Where in this regulation ‘he’ or another male form is used, the provisions apply equally to women.
Article 2. Prior to filing a complaint
The person who is considering submitting a complaint is deemed to – if the circumstances so allow – to discuss the intention to submit a complaint in the first instance with the person against whom the complaint will be directed. This does not apply to complaints relating to sexual harassment, discrimination or aggression; these complaints can always be submitted directly to the director or to the board (in accordance with article 5 paragraph 1).
Complaints relating to sexual harassment can also be submitted to the ‘Meldpunt Vertrouwensinspecialeurs’ at the following telephone number:
+31 76 5244477.
Article 3. Confidential counselor
1 At least one confidential advisor is appointed by the director and with the approval of the board.
The director ensures that all those involved in the foundation are aware of who has been appointed as confidential counselor / persons.
2 A complainant can always contact the confidential adviser about a (proposed) complaint.
3 The confidential adviser checks whether a solution to the complaint can be reached through mediation. The confidential advisor checks whether the event gives rise to the submission of a complaint. The confidential adviser accompanies the complainant in the further procedure and, if required, provides assistance with filing a report with the police or judicial authorities in the Netherlands.
4 The confidential advisor refers the complainant, if and to the extent necessary or desirable, to other institutions specializing in care and aftercare.
5 If the counselor only obtains indications, but no concrete complaints, he can bring them to the attention of the board.
6 The counselor is obliged to keep confidential all matters that he hears in the capacity of confidential advisor. This obligation does not lapse after the person concerned has terminated his task as confidential adviser.
Article 4 Submission of complaint
1 A complaint shall be submitted in writing, whether or not through the intervention of the confidential adviser, and signed by the complainant.
In the event of a complaint submitted orally, the recipient of the complaint shall immediately make a report which is signed by the complainant and from which it receives a copy.
2 The complaint contains at least:
the name and address of the complainant
a description of the complaint
a clear indication of the accused
3 A complaint is submitted as soon as reasonably possible.
Article 5 Receiver complaint
1 The complainant submits a complaint:
In the case of the director, if it concerns a complaint against a (former) student, a board member, a lecturer or volunteer who performs work for the foundation, as well as a person who is otherwise part of the study center, unless the complainant submits the complaint directly to the wish to submit.
For the board, if it concerns a complaint to a member of the board, a representative of the board, as well as in all other cases.
2 The managing director shall send a copy of a complaint received by him to the management.
If the director establishes that he can personally be involved in a complaint submitted to him, or if the complaint is serious, he requests the board to take over the handling of the complaint.
3 The complainant will receive written confirmation of receipt of the complaint as soon as possible. It also states in which period and by whom the complaint will be handled.
4 The board will send a copy of a complaint received by the board and a copy of the confirmation of receipt to the director immediately.
5 The board shall ensure that the handling of a complaint is not attended by a person whose conduct or omission is directly related to the complaint.
Article 6 Response time
1 The complainant generally receives a motivated written response to the complaint within four weeks of receiving his complaint.
2 If special circumstances lead to a failure to respond satisfactorily in writing within this period, the period may be extended by a maximum of two times by four weeks. Special circumstances are at least the case if the complaints committee is called in by the board.
The complainant will receive a motivated written notice about the term extension within the current four-week term.
Article 7 Handling by the director
1 If the director responds in writing to a complaint submitted to him, he shall send a copy of his response to the board immediately.
2 Within four weeks of receipt of the response from the director, the complainant may request the board in writing to provide a detailed assessment of the complaint and the response received thereto. The provisions of this regulation with regard to the handling of complaints are in that case of analogy.
Article 8 Complaints Committee
1 The Board may request advice from a complaints committee for the handling of a submitted complaint.
2 A complaints committee consists of at least three persons who are appointed as such by the board.
At most one of the members can be a sitting board member, provided that he is not personally involved in the submitted complaint. Members of the management, volunteers who perform work for the foundation, or persons who are otherwise part of the study center can not have a seat on the complaints committee.
The complaints committee has a chairman who is not a member of the board and is not working for or with the board.
3 The complainant and the accused may object to the composition of the complaints committee to the board if they have reasons to assume that one or more members will not come to an opinion without prejudice. The board meets these objections as much as reasonably possible.
4 The complaints committee takes the greatest possible care when handling a complaint to protect the interests of all those directly involved. The members of the complaints committee are obliged to maintain confidentiality of all matters that they hear in this capacity. This obligation does not lapse after the person concerned has terminated his duties as a member of the complaints committee.
Article 9 Treatment by complaints committee
1 The board will at least ask the complaints committee for advice in the following cases.
If it concerns a request for a further assessment of the complaint and the reaction received from the director as referred to in article 7 paragraph 2.
If the complainant explicitly requests treatment by the complaints committee.
If it concerns a complaint that relates to sexual harassment, discriminatory behavior or aggression.
if the complaint is otherwise serious to the board.
2 Requesting an advice as referred to in the first paragraph does not detract from the fact that the board may, in a given case, make a provisional provision.
3 In connection with the handling of the complaint, the Complaints Committee is authorized to collect all desired information on behalf of the Board. On behalf of the board, she can hear the complainant and accused, as well as other parties involved in the study center.
4 The complaints committee gives the complainant and the accused the opportunity to explain their views orally or in writing.
5 The complaints committee gives written advice to the board about:
The admissibility of the complaint.
The (un) validity of the complaint.
The measures to be taken on the basis of the complaint.
Other matters that deserve the attention of the board.
The complaints committee also mentions in the advice the research method used and the findings established in that context.
6 Within four weeks of receipt of the advice from the complaints committee, the management board determines whether the opinion on the merits or. Share the admissibility of the complaint and whether it will take action as a result of that judgment and if so which. The board reports this in writing to the complainant, the accused and the complaints committee, accompanied by the advice of the complaints committee, unless serious considerations oppose this.
7 Complaints are registered and saved for a period of 5 years.
Article 10 Withdrawal of complaint
A complainant can withdraw a submitted complaint at any time, provided this is done in writing by the person to whom the complaint has been filed or who is handling the complaint.
The recipient is immediately notified of the cancellation of a complaint by the receiver, the board, the complaints committee and the accused.
A withdrawn complaint will remain unresolved, unless the board decides otherwise for its own reasons.
Article 11 Confidentiality
1 All parties involved in a complaint shall take the utmost account of the interests and privacy of both the complainant and the accused at all stages of the handling of a complaint.
2 Those who are involved in the handling of complaints and thereby obtain access to data of which they are of a confidential nature or are reasonably supposed to suspect, are obliged to observe confidentiality, except if any
statutory regulation obliges them to communicate whether the need for communication arises from their duties.
3. Data relating to a complaint will be stored in a place that is only accessible to members of the Complaints Committee and the Board, as well as to the Director in the case of complaints that have been settled by the Director.
Article 12 Publication of the regulation
The director ensures that the existence of this regulation is known to all parties involved in the foundation, at least by mentioning it on the website, and that the scheme is available to anyone who requests it.
Article 13 Duration of operation
The regulation comes into force on 1 October 2010 and applies for an indefinite period.
Article 14 Final provision
EXPLANATION OF COMPLAINTS
The Dutch education laws have been amended in such a way that school boards in the Netherlands were obliged to adopt and introduce a complaints regulation by 1 August 1998 at the latest. According to the new legislation, students can submit complaints about conduct and decisions or the failure of the school board and staff. The right of complaint has an important signal function with regard to the quality of education. Thanks to the complaints procedure, the school receives simple signals that can support it in improving education and the good course of affairs at school. The regulation aims at a careful handling of complaints,
which serves the interests of those involved, but also the importance of the school (a safe school climate).
The enclosed scheme is broader than the law prescribes. The scheme also provides for a complaints procedure in the event of discrimination, sexual harassment or aggression.
Complaints regulations for these themes are often required on the basis of other regulations.
The schemes are now integrated into one text.
A national model complaints procedure has been drawn up for education in the Netherlands.
The enclosed scheme and this explanation are based on this. However, attempts have been made to strive for a somewhat simpler regulation that takes more account of the situation in which the foundation in particular provides refresher courses. Nonetheless, the law sets a considerable number of preconditions, which means that the regulation is still rather extensive.
The enclosed regulation only applies if one can not go elsewhere with his complaint.
By far the most complaints about the day-to-day running of the school will be handled properly by mutual agreement between students, teachers and school management. If, however, this is not possible in view of the nature of the complaint, or if the handling has not been satisfactory, an appeal can be made to this complaints procedure.
Complaints for which separate regulations and procedures exist must be handled along this line
In the cases not provided for by this regulation, the board decides.
Explanations by article
Article 1 paragraph 1
The complainant and the accused have the right to be assisted at any time in the proceedings by a counselor or by a confidential adviser, or to be represented by them.
The term “conduct or decisions” does not include decisions of general application.
Sexual harassment is understood to mean unwanted sexual attention that is expressed in verbal, physical or non-verbal behavior. This behavior is experienced by the person undergoing it, regardless of gender and / or sexual preference, as undesirable or unpleasant.
Sexually harassing behavior can occur either intentionally or unintentionally.
By discriminatory behavior is meant: any form of unjustified discrimination, as referred to in Article 2 of the General Equal Treatment Act, any exclusion, limitation or preference that has as its object or effect the recognition, enjoyment or exercise on foot equality of human rights and fundamental freedoms in the political, economic, social or cultural fields or in other areas of public life is destroyed or affected. Discrimination can be both intended and unintended.
Aggression, which also includes violence and bullying, is understood to mean: behavior and decisions or failure to act and not to make decisions – intentional or unintentional – that are aimed at, or where mental or physical abuse of a person is involved. person or group of persons who are part of the school community.
If a board member is the complainant or accused, this board member should refrain from discussing this complaint within the board when dealing with the complaint in question.
By means of this provision it is expressed that it is normal in the school community and should remain that it is first attempted to walk the path of normal transshipment with the person directly involved before initiating a formal complaints procedure.
The counselor must have some insight into the education and the participants in this and also have an affinity with reception and referral. The counselor must be accessible to all those involved in the school and enjoy the trust of those involved in the school. For these reasons, it may be desirable to have several confidential counselors. Consideration can also be given to choosing confidential persons of different gender.
Furthermore, the circle within which counselors must be sought is necessarily more limited. For this reason, it may be useful for confidential advisers to be able to contact, in certain circumstances, an expert from the Meldpunt Vertrouwensinspecialeurs.
The chosen scheme prevents anonymous complaints.
The third paragraph of article 4 contains a fairly ‘open’ formulation. However, the law requires that the regulation contains the period within which a complaint can be submitted. The open wording also provides guidance in situations where a complaint is evidently as ‘mustard after the meal’.
The legal provisions regarding the right of complaint assume that a complaint must always be dealt with by a complaints committee. In this scheme, this option is ultimately offered in almost all cases. However, efforts are also being made to arrive at a manageable arrangement for less serious complaints. In the first instance, these will be handled by the director. If the complainant can not agree with this settlement, then the board or the complaints committee can be called in secondarily.
The second paragraph of article 9 allows the board to make provisional provisions for serious complaints. In connection with the care given to the accused, it is advisable to be cautious about this.
It goes without saying that the board must give the complaints committee the opportunity to properly fulfill its duties. Facilities will have to be made available for this.
An advice from the complaints committee need not be taken over by the board.
If the management board deviates from such advice, it must have good reasons for this and must also make it known to the complainant and the accused.
If a complaint is withdrawn, the basis for further investigation will generally lapse. Nevertheless, the board can decide further research. This will be the case in two cases in particular:
If the impression arises that the complaint was withdrawn on not entirely pure grounds;
If the complaint has caused the suspicion of such serious misconduct that intervention by the school management or the board is nevertheless indicated.