The Institute of Trichologists' rules and procedures for the implementation and upholding of the Institute's code of professional practice and ethics

Part A - Procedures for the investigation of complaints of breach of the code

A1. A complaint that a member has breached the Institute's Code of Professional Practice and ethics will not be investigated under these procedures unless the complaint is in writing signed by the complainant.

A2. If the Chair of the Ethics Committee becomes aware of allegations against a member or of any circumstances that indicate a possible breach of the Code, the Chair of the Ethics Committee may himself or herself initiate an investigation under these procedures. In such cases, the Chair of the Ethics Committee will inform the General Secretary in writing of the details of such allegations or circumstances.

A3. Any investigation into a complaint against a member of the Institute shall be conducted under the supervision of the Chair of the Ethics Committee, whose role it is to seek to uphold the integrity of the Institute and its Code of Professional Practice and Ethics. The Chair of the Ethics Committee will liaise closely with the General Secretary, whose responsibility it is to ensure that the complaint is investigated fairly, lawfully, and in accordance with the principles of natural justice.

A4. If any written complaint against a member is received initially by an Officer or other Board member of the Institute, that Officer or Board member shall immediately pass the complaint to the General Secretary who, in turn, shall send a copy of the complaint to the Chair of the Ethics Committee and to the member against whom the complaint is made. The Officer or Board member to whom the complaint was originally addressed shall not engage in any correspondence with the complainant (or with the member concerned) other than merely to acknowledge receipt of the complaint and to confirm that it has been passed to the General Secretary.

A5. At the outset of any investigation, the General Secretary will send copies of these Rules and Procedures and of the Code of Professional Practice and Ethics to the complainant and to the member against whom the complaint is made. Throughout any investigation, the General Secretary will ensure that copies of all correspondence are sent quickly to all parties, viz, the complainant, the member against whom the complaint is made, and the Chair of the Ethics Committee.

A6. All communications in the course of an investigation shall be in writing and all communications shall be kept confidential by the General Secretary, the Chair of the Ethics Committee, and by all other parties involved. Specifically, no details of any matter under investigation may be divulged to any member of the Board of Governors of the Institute, who may be called upon subsequently to adjudicate the matter at a Disciplinary Hearing.

A7. On receipt of a written complaint, from whatever source, the General Secretary will write to the complainant, on behalf of the Chair of the Ethics Committee, to acknowledge receipt of the complaint and to inform the complainant that the matter is being investigated.

A8. The General Secretary will also write to the member against whom the complaint is made and will send the member a copy of the written complaint. The member will be invited to respond in writing to the complaint within seven days, and a copy of the member's response shall be sent to the complainant.

A9. At any stage during the investigation of a complaint, the Chair of the Ethics Committee, in consultation with the General Secretary, may determine that the case raises no apparent breach of the Code and that the matter should not be investigated further. In such a case, the General Secretary will write accordingly to the complainant and the member.

A10. The General Secretary may, and if so requested by the Chair of the Ethics Committee will, seek any further relevant information from the complainant and/or from the member against whom the complaint is made.

A11. The Chair of the Ethics Committee, in cases in which the nature of the complaint is beyond his or her professional knowledge or expertise, may seek specialist advice and/or guidance from an independent third party (who may or may not be a member of the Institute). Such advice or guidance will only be admissible in any subsequent disciplinary or appeal hearing if it is given in writing, is attributable, and if copies thereof have been given to the complainant and to the member against whom the complaint is made. In all such cases, communication between the Chair of the Ethics Committee and the independent third party shall be conducted through the General Secretary.

A12. Where appropriate, and with the agreement of the parties, the Chair of the Ethics Committee and the General Secretary shall use their best endeavours to bring about a satisfactory resolution to the complaint by way of conciliation and/or mediation between the parties.

A13. For the avoidance of doubt, it is the role of the General Secretary to act impartially throughout any investigation, to ensure that investigations are conducted fairly and without prejudice, to ensure that the Institute acts lawfully throughout any investigation and subsequent disciplinary or appeal hearing, and to ensure that the provisions of these Rules and Procedures are adhered to. It is the role of the Chair of the Ethics Committee to seek to uphold the integrity and standing of the Institute and of its Code of Professional Practice and Ethics.

Part B - Rules of procedure for disciplinary hearing at a board meeting

B1. At a Board meeting convened for the purpose of conducting a disciplinary hearing, the General Secretary shall take the Chair. The General Secretary shall conduct the business of the meeting in an objective and non-partisan manner and shall have no vote as Chairman of the meeting. The primary responsibility of the General Secretary as Chairman of the meeting is to ensure that the hearing is conducted fairly, lawfully, and in accordance with the principles of natural justice. In the event of there being an equality of votes among Board members, the Chairman of the Institute (notwithstanding that he or she is not the Chairman of the meeting) shall have a second or 'casting' vote. If the Chairman of the Institute is absent from the meeting, the meeting shall, at the commencement of proceedings (that is, before the subject of the disciplinary hearing has been discussed and before any other votes have been taken), appoint another Board member present at the meeting to exercise a second or casting vote.

B2. The Chair of the Ethics Committee, notwithstanding that he or she may be a member of the Board, shall take no part in the business or deliberations of the Board other than as described below.

B3. The Chair of the Ethics Committee shall have up to 20 minutes to present the case against the member and may call such witnesses as he or she thinks fit.

B4. The member (and/or his or her solicitor) shall have up to 10 minutes to question the Chair of the Ethics Committee and/or any witness (es) on the case presented. (All questions must relate only to what has been presented; nothing new or extraneous to be introduced at this stage)

B5. The member (and/or his or her solicitor) shall have up to 20 minutes to present the member's defence and may call such witnesses as he, she or they thinks fit.

B6. The Chair of the Ethics Committee shall have up to 10 minutes to question the member and/or any witness (es) on his or her defence. (All questions must relate only to what has been said by the member and/or his solicitor; nothing new or extraneous to be introduced at this stage).

B7. Board members shall have up to 20 minutes to question both the Chair of the Ethics Committee and the member and/or his or her witness (es). (All questions must relate only to what has been presented; nothing new or extraneous to be introduced).

B8. The Chair of the Ethics Committee shall have up to four minutes to sum up the case for the Ethics Committee.

B9. The member and/or his or her solicitor shall have up to four minutes to sum up the member's defence.

B10. The Chair of the Ethics Committee, the member (and his or her solicitor) and all witnesses shall leave the room while the Board deliberates and comes to its conclusion.

B11. The Board shall consider whether the member is 'guilty of misconduct in a professional respect' such as to warrant his or her expulsion from Institute membership in accordance with Article 8. (The Board has power under the Articles to remove the member from membership but does not have the specific power to apply any lesser sanction, such as a fine, a reprimand, suspension from membership, or continued membership with conditions attached, or a combination of any of these. Therefore, if the Board decides on a sanction less than expulsion, such lesser sanction can only be applied with the consent of the member).

B12. The Chair of the Ethics Committee and the member (and his or her solicitor) shall be invited back into the meeting to be informed of the Board's findings and decisions. The member shall also be advised of the right of appeal. (The member may opt to be informed of the board's decision in writing).

B13. Within 48 hours after the conclusion of the hearing, The General Secretary shall inform the member and the Chair of the Ethics Committee in writing of the findings and decisions of the Board. At the same time, the General Secretary will advise the member in writing of his or her right of appeal.

Part C - Rules of procedure for disciplinary appeal hearings

C1. A member of the Institute or, in the case of an expulsion, an ex-member of the Institute to whom a disciplinary sanction has been applied by the Board of Governors shall have the right to appeal against the findings and/or decision of the Board.

C2. The grounds of any such appeal shall be that the decision of the Board was unreasonable in the circumstances or was manifestly unfair. (The object of the Appeal Panel is not simply to hear the case for a second time in the hope of arriving at different conclusions).

C3. The Appeal Panel will comprise three eminent members of the Institute of at least MIT status who are not members of the Board of Governors and who have had no dealings with the earlier investigation or adjudication of the matter of the appeal.

C4. The General Secretary shall be a non-voting Chairman of the Appeal Board.

C5. The member or ex-member bringing the appeal (and/or his or her legal representative) will have up to 15 minutes to present the appeal, explaining why the decision of the Board was unreasonable or unfair.

C6. The Chair of the Ethics Committee will have up to five minutes to question the member/ex-member on the case presented. (All questions must relate only to what has been presented; nothing new or extraneous to be introduced at this stage).

C7. The Chair of the Ethics Committee will have up to 15 minutes to respond to the appeal, stating why the decision of the Board should stand.

C8. The member/ex-member (and/or his or her legal representative) will have up to five minutes to question the Chair of the Ethics Committee on the case presented. (All questions must relate only to what has been presented; nothing new or extraneous to be introduced at this stage).

C9. Members of the Appeal Panel will have up to 15 minutes to question both the member/ex-member (and/or his or her legal representative) and the Chair of the Ethics Committee. (All questions must relate only to what has been presented; nothing new or extraneous to be introduced at this stage).

C10. The member/ex-member and/or his or her legal representative will have up to two minutes to sum up the case for the appeal.

C11. The Chair of the Ethics Committee will have up to two minutes to sum up the case against the appeal.

C12. Both the Chair of the Ethics Committee and the member/ex-member (and his or her legal representative) will leave the room.

C13. The Appeal Panel will consider whether suitable grounds for allowing the appeal have been made out (in that the decision of the Board was either unreasonable in the circumstances or was manifestly unfair). If such grounds are not made out to the satisfaction of the Appeal Panel, the appeal is to be dismissed. If such grounds are made out to the satisfaction of the Appeal Panel, the Appeal Panel may make such appropriate recommendation(s) to the Board of Governors as the Panel thinks fit.

C14. The General Secretary shall report the findings and recommendation(s), if any, of the Appeal Panel to the Board of Governors and shall inform the member/ex-member and the Chair of the Ethics Committee in writing of such findings and recommendations. If any recommendations are made to the Board of Governors, the General Secretary shall inform the member/ex-member of the Board's response to such recommendation(s) as soon as practicable.

C15. The Board of Governors, as the directors of the Institute under the terms of the Companies Acts, have ultimate responsibility for all actions of the Institute and all aspects of Institute policy. Therefore the decision of the Board in relation to any findings and/or recommendation(s) of the Appeal Panel shall be binding on all members and Officers of the Institute.