THE JAPANESE SHIATSU HOLISTIC AND
MEDICINE SOCIETY OF CANADA
(the “Society”)

COMPLAINTS AND DISCIPLINARY POLICY AND
PROCEDURE
(the “Complaints Policy”)

1. INTRODUCTION

This Policy applies to all Certified Therapists of the Society and their clients. Certified Therapists are obliged to comply with the Society’s Code of Ethics (the “Code”) in delivering services to clients.

Any client who is concerned about the conduct of a Certified Therapist should bring his or her concern to the attention of the Complaints and Discipline Committee (the “Committee”) of the Society in accordance with the terms and conditions of this Complaints Policy.

The Committee must consider each and every complaint and determine the disposition thereof, all in accordance with this Policy.

A finding of professional misconduct by the Committee may lead to membership suspension or termination of membership in the Society.

2. RIGHTS OF CLIENTS AND THERAPRISTS

2.1 A client of a Certified Therapist has the right to:

(a) receive fair and competent holistic and medical treatment from a Certified Therapist in compliance with the Code;

(b) have all information provided to his/her Certified Therapist treated on a confidential basis;

(c) file a complaint with the Committee where a client’s rights are breached by a Certified Therapist, contrary to the provisions of the Code; and to

(d) contact the Society with any questions and/or concerns in connection with a Certified Therapist’s practice.

2.2 A Certified Therapist has the right to:

(a) be informed of any public complaints filed against him or her by a client;

(b) a fair and thorough process of review and investigation by the Committee of any such complaint; and to

(c) fair and reasonable discipline as a result of a finding by the Committee of professional misconduct by the Certified Therapist.


3. COMPLAINTS

3.1 For a complaint to be considered, the allegation must be for a violation by a Certified Therapist of a term or condition of the Code.

3.2 A complaint should contain the following information in writing:

(a) the complainant’s name, address, telephone number, and e-mail address, if any;

(b) the name of the clinic and the Certified Therapist against whom the complaint is made; and

(c) a detailed description of the alleged objectionable activity.

3.3 A complainant shall send his or her complaint in writing by mail, e-mail or in person to the Committee at the address indicated:

By mail: 2579 Yonge Street, Toronto, Ontario M4P 2J1

By e-mail: jshmsc@belmont.ca

By hand delivery: 2579 Yonge Street, Toronto, Ontario M4P 2J1

4. CONSTITUTION OF THE COMMITTEE

4.1 The Committee shall consist of two Members, a permanent Member appointed annually and an ad hoc independent Member appointed in the event of a complaint.

4.2 The permanent Member of the Committee shall be appointed by the Board of Directors at the meeting following the annual meeting of Members each year.

4.3 The ad hoc independent Member shall be appointed by the permanent Member based on recommendations received from the Board of Directors at the time a formal complaint is filed.


5. COMPLAINT INVESTIGATIONS

5.1 The Committee shall consider all written public complaints filed against a Certified Therapist registered with the Society.

5.2 The Committee shall acknowledge receipt of a public complaint to the complainant and will thereafter consider and determine whether the complaint alleges a violation of the Code.

5.3 If the Committee is unclear as to the nature of the complaint, it will seek further information from the complainant.

5.4 If the Committee decides that the complained activity may constitute a breach of the Code, it will provide the named Certified Therapist with a copy of the complaint and a copy of this Policy.

5.5 The Certified Therapist has the right to submit a response in writing to the Committee within thirty (30) days of receipt of the complaint.

5.6 The Committee will review the public complaint and the comments and/or explanation of the involved Certified Therapists, and reach one of the following decisions:

(a) The complaint does not involve professional misconduct, in which event:

(i) the Committee will notify the complainant and the Certified Therapist of their conclusion in writing;

(ii) Subject to (5.6(a)(iii)), no further action will be taken by either party;

(iii) at its discretion, the Committee may suggest a mediation meeting to the parties but, if the complainant fails to attend the meeting, without good reasons or due notice, it will be assumed that the complaint has been withdrawn and the Committee will notify both parties to that effect.


(b) The complaint does involve professional misconduct, in which event:

(i) the Committee will notify the complainant and the Certified Therapist of its conclusion in writing and will proceed to the disciplinary stage; or

(ii) in cases where the Committee requires further evidence or information from the complainant or the identified Certified Therapist, the Committee will request evidence and/or information from the party or parties, it being understood that the party shall respond with the requested information and/or evidence within the time period specified by the Committee.


6. DISCIPLINARY POLICY

6.1 In the event of a decision by the Committee of professional misconduct pursuant to the provisions of 5.6(b) hereof, the Committee will reach one of the following disciplinary decisions according to the Code and the evidence before it:

(a) A written warning with terms specified by the Committee;

(b) A suspension of membership in the Society for a period and on conditions determined by the Committee;

(c) The termination of membership in the Society.

6.2 The Committee will provide written notification of its decision, including the reasons therefor and the recommended sanctions, to all parties involved within three weeks after the date when the complaint investigation is completed.

6.3 The Committee’s decisions under this Policy are final.