1. In the first instance, a complaint under the Code of Conduct will be considered by the director general who will make a decision as to whether a prima facie case* is made out.
2. If a prima facie case is made out, the director general will write to the other party asking for a written response within 14 days.
3. The papers will then be handed to the Board who will at their next meeting make a decision on the complaint. The Board may ask for the attendance of either or both parties if they consider it appropriate to resolving the complaint.
4. The Board, if they find the complaint justified, may admonish the member and ask for such remedial action as seems appropriate. If the Board considers the breach sufficiently serious, or there have been repeated breaches in the past, they may order suspension or expulsion from the Association. In the case of expulsion, the member may appeal to an independent appeal tribunal to be appointed by the chairman of the Association.
5. All costs of any appeals will be borne by the member company.
6. In the event of a member being expelled the Board will inform other BPMA Members by publishing the name of the member in the BPMA communications explaining which section of the code has been broken.
*NB: For the purposes of the Policy the meaning of “a prima facie case” means: – A case that has been supported by sufficient evidence for it to be taken as proved in the absence of adequate evidence to the contrary.