Complaints Procedure
1. Purpose
1.1. Recognized educational institutions are required to have a complaints procedure available.
1.2. This complaints procedure provides clarity on the process in the event of dissatisfaction with a service, product, or conduct of Equanimity.
2. Definitions
2.1. Organization: Equanimity Training & Coaching, under which name Boris Nauta acts as owner and the person ultimately responsible.
2.2. Complaint: an expression of dissatisfaction regarding the organization, its services and/or products, the failure to fulfill agreements, or improper conduct by individuals performing a function within the organization, where those involved make every effort to resolve this satisfactorily together, orally if possible.
2.3. Formal complaint: a written complaint that could not be resolved satisfactorily through consultation within the organization.
2.4. Complainant: the person (student, participant, client, employee, contractor, etc.) who raises or submits a complaint.
2.5. Respondent: the person (participant, student, client, employee, contractor, owner, etc.) whom the (formal) complaint concerns.
2.6 Participant: the person who registers for or participates/has participated in an activity organized by Equanimity (training, workshop, course, coaching, etc.).
2.7. Employee: the person employed by the organization who performs a function within it.
2.8. Contractor: the person who performs a task at the instruction or request of the organization but is not employed by the organization.
2.9 External Complaints Officer: the person with whom a complainant can file a formal complaint and who operates independently of the organization. The external complaints officer is: Simone ten Haaf. She is a lawyer at Mevrouw de Advocaat, experienced in handling disputes. You can contact her via https://www.mevrouwdeadvocaat.nl.
2.10. Owner: the person to whom Equanimity belongs and who is therefore ultimately responsible for the organization. The owner is Boris Nauta. Contact details can be found in the footer of https://www.equanimity.nu.
3. Communication
3.1. Everyone performing a function or task on behalf of the organization will be informed of this complaints procedure. Participants and clients of Equanimity will be informed of both the existence and the binding nature of this procedure when entering into a relationship with the organization. It can always be found on the website or requested.
4. Prevention
4.1. The organization will make every effort to prevent complaints. However, if this is not possible, complaints must be open for discussion. When handling complaints, there will always be an evaluation of how they can be prevented in the future.
5. Content of Complaints
5.1. Complaints may only concern matters for which the organization bears responsibility. Below are several examples of what complaints may relate to.
5.2. Complaints regarding undesirable behavior:
– Sexual harassment: unwelcome sexual advances in the form of requests for sexual favors or other verbal, non-verbal, or physical behavior.
– Aggression and violence: bullying, psychological or physical harassment, threatening, or attacking others.
– Discrimination: making statements in any form, performing actions towards, or making decisions about persons that are insulting to those persons because of their race, religion, gender, disability, beliefs, and/or sexual orientation, or making any distinction based on these factors.
5.3 Complaints regarding the content of training, coaching, or guidance. Improper or disrespectful treatment during a training module, failure to fulfill promises, the training proceeding differently than agreed, etc.
5.4. Complaints regarding the relationship between employee/contractor/owner. Improper treatment regarding salary, reimbursement, or other compensation. Concerning a difference of opinion regarding functional behavior, application of house rules, etc. If an employee or contractor feels improperly treated or seriously disadvantaged by a colleague or the owner.
5.5. Business complaints. Disagreement with the work performed or products delivered by the organization based on what was agreed regarding quality, time, and money.
6. How to handle a complaint
6.1. If you are dissatisfied with a certain course of action, proceed as follows:
– the dissatisfaction is first discussed by you as the complainant with the person directly involved; together, an attempt is made to reach a satisfactory solution.
– if you cannot resolve it together, you can then take the complaint to the person ultimately responsible at Equanimity, unless they were already involved.
– if you do not find a solution for your dissatisfaction through this route, or if you have good reasons not to follow the internal consultation route, you can file a formal complaint.
7. Freedom of choice for a formal complaint
7.1. If you wish to file a formal complaint, you are free to submit the complaint to the external complaints officer. If you, as the complainant, choose this option, Equanimity is bound by the ruling of the complaints officer. Any consequences will be handled by us within 14 days.
8. How to file a formal complaint
8.1. You must submit a formal complaint in writing to the external complaints officer. You should do this as soon as possible after the complaint arises and within two weeks after the end of the education or training. Furthermore, it must be clear who the complaint is from; anonymous complaints will not be processed.
9. Processing a complaint
9.1. The external complaints officer has the authority not to process a complaint if they believe that the complaint should not be addressed to them or cannot be adequately handled by them. In that case, they will notify the complainant within two weeks of the complaint being filed, stating the reasons for rejection and, if necessary, advice on how to proceed correctly. The complainant may discuss this with the complaints officer. If the officer maintains their position, the complainant may still take legal action.
10. Procedure of the external complaints officer
10.1. The complaints officer will investigate every complaint taken into consideration. The officer is entitled to all information from the complainant, respondent, and organization that they require to fulfill their task. The complaints officer may also ask for the opinion of organizational experts after consultation. The following steps are taken:
– Within a maximum of 4 weeks after receiving the complaint, the complaints officer will hear the complainant, the respondent, and any other parties involved, either separately or jointly. Parties may be assisted by someone else from within or outside the organization.
– They will inform the organization of the complaint and give it the opportunity to respond.
– Within 6 weeks after the complaint is filed, the complaints officer will issue a written position to the complainant, with a copy to the organization. This position will, in any case, include a statement on 1) whether and, if so, to what extent the complaint is plausible, 2) who is/are affected by the problem, 3) how, if applicable, the aggrieved party/parties should be compensated. 4) The officer may also add advice to the organization regarding further (preventive) measures to be taken.
11. Handling of a formal complaint
11.1. After the organization has received the position from the external complaints officer, the complainant will be informed in writing about the practical handling of the complaint within 2 weeks at the latest.
12. Protection of those involved
12.1 The organization ensures that the complainant, respondent, or those involved do not suffer any disadvantage from the handling of a formal complaint. Both at the start of the complaints procedure and during the course of the investigation, the organization may take temporary measures if this is necessary for the well-being of the complainant, or if there is an untenable situation for one or more of those directly involved.
13. Confidentiality
13.1. From the moment a formal complaint is filed, the complainant or respondent will not disclose the matter to third parties. All those involved in the handling of the complaint must treat the information provided to them confidentially. After the complaints officer or the court has made the final decision, the parties will only speak to third parties about the outcome.
14. Registration of complaints
14.1. The owner maintains a complaints register in which complaints that have led to a formal procedure before the court or the external complaints officer are documented and stored. The retention period is at least two years.
