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Informal Dispute Resolution

A Member's Guide

You have the right to be treated fairly, to train and practice in a respectful and comfortable environment. With these rights come the responsibility to communicate to others what is acceptable to you. Open and direct communication is the best method of resolving a situation before it escalates into a dispute. Once a dispute occurs, your goal should be to cooperate to a constructive solution wherever possible.

The following is intended as a guide for members to informally resolve complaints.

A. YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED.

If you feel your rights under the Code have been violated you should make all efforts to resolve the matter in formally using the checklist which appears below.

1. Alleged violation occurs. Confirm your feelings by discussing the matter with another.

2. Discuss the matter with a Sensei or instructor.

3. Discuss the matter with the person you believe violated your rights.

4. Discuss the matter with that person's Sensei or a Professor.

5. If these attempts do not result in resolution to your satisfaction, submit a Complaint to the Director or a Board member.

B. COMPLAINT DIRECTED TOWARDS YOU.

Where you are faced with an informal complaint directed against you:

1. Assume that there is a basis for the complaint - respect and validate member's feelings.

2. Try to work out with member any legitimate complaint in an open manner thus obviating the need on the member's part to go further.

C. INFORMAL COMPLAINT DIRECTED TOWARDS ANOTHER.

Where you are approached for assistance in informally resolving a matter not involving yourself:

1. Assume that there is a basis for the complaint and approach the matter with a presumption of validity.

2. Discuss the matter with the member to determine the the basis for the complaint.

3. I f member can not confront the errant member directly and you believe a violation has occurred, you may seek permission to approach that member directly. An informal resolution such as this is encouraged under Article 8.3 of the Code and is especially appropriate if its a relatively minor matter or if due to lack of sensitivity, knowledge or experience. In a case such as this you should guarantee anonymity in discussing the matter.

4. If the matter is not minor or you believe informal resolution will be insufficient, you should advise the student of more formal complaint channels.

D. VIOLATION WITH NO COMPLAINANT

1. Sometimes a fellow Sensei or another member of the organization may be engaged in what appears to you to be an unethical practice but there are no complainants in the usual sense - those involved may not be members of the AJJF or may not be able or willing to file a complaint.

2. The policy with regard to an individual offender should always be constructive and educative. Thus, informal discussion alone or with other Sensei present may be sufficient. If such a meeting is not productive then perhaps informing a Professor who can talk to the offending member may be sufficient.

3. The Code requires members to report known violations by fellow members which are not resolved informally to the Board of Professors for further action. Unless this unpleasant task is undertaken, the Code becomes artificial. In a case where the violation is blatant but no one reports it, the lack of action speaks loudly to all who observe and the reputation of the AJJF is bound to suffer.

4. The Board will not act on anonymous complaint because often additional information will be necessary to determine whether a violation has occurred. The Board may, however, execute its own complaint based on information it receives whether anonymous or otherwise.

5. All informal corrective efforts should be made with sensitivity to any rights to confidentiality involved in all cases.

IF YOU ARE A COMPLAINANT

Where attempts at informal resolution have not resolved a complaint the following will explain the role of the Complainant under the Code.

1. Complete Complaint form fully, attaching all documents which support your position, sign and date the Complaint.

2. Submit original and 4 copies of the Complaint with attachments, if any, to the Director of Internal Relations by certified mail, return receipt requested or by personal delivery.

3. The Complaint will then be referred by the Director to the Ethics Panel formed by the Board of Professors for review of the allegations of your Complaint.

4. The Ethics Panel will determine whether to dismiss the Complaint or proceed with investigation. If it determines to investigate, a copy of the Complaint will be sent to Respondent and the Panel may request further information from you.

5. If necessary the Panel will schedule a hearing at which you should appear. If you desire you may request a hearing by contacting the Panel within 15 days after the due date of the Response. You may request a continuance of the hearing date for good cause by contacting the Panel. At the hearing you may be represented by counsel or another member of the organization. You can present testimony and witnesses and provide documents which support your position at this hearing. If you fail to appear at this hearing the Panel may dismiss your Complaint.

6. The Panel has no power to issue sanctions, but will make findings and recommendations to the Board of Professors pursuant to Procedural Rule C. You will receive a copy of the Panel's recommendations.

7. The Board may accept, reject or modify the recommendations and you will be notified in writing of the Disposition by the Board.

IF YOU ARE A RESPONDENT

If you are the subject of a Complaint, the following will explain the role of the Respondent under the Code.

1. A Complaint has been submitted to the Director of Internal Relations naming you as a Respondent and the Ethics Panel has determined to proceed with an investigation of the allegations of the Complaint.

2. Within 21 days of receipt of the Complaint, complete the Response form fully, attaching all documents which support your position, sign and date the Response.

3. Submit original and 4 copies of the Response with attachments, if any, to the Ethics Panel at the address noted on the Notice form by certified mail, return receipt requested or by personal delivery.

4. If necessary the Panel will schedule a hearing at which you should appear. If you desire you may request a hearing by contacting the Panel within 15 days after the due date of the Response. You may request a continuance of the hearing date for good cause by contacting the Panel. At the hearing you may be represented by counsel or another member of the organization. You can present testimony and witnesses and provide documents which support your position at this hearing. If you fail to appear at this hearing the Panel may consider the allegations of the Complaint and the documents submitted and issue its findings and recommendations thereon.

5. The Panel has no power to issue sanctions, but will make findings and recommendations to the Board of Professors pursuant to Procedural Rule C. You will receive a copy of the Panel's recommendations.

6. Within 15 days of the date of the Panel's findings and recommendations, you may submit your response to the Director of Internal Relations if you disagree with the Panel. You may also request to appear before the Board for good cause.

7. The Board may accept, reject or modify the recommendations and you will be notified in writing of the Disposition by the Board.

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