IMCS Disciplinary Procedure

Disciplinary Procedure
Scope of Complaints

A complaint refers to information that a Certified Management Consultant (CMC):

has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession of management consultancy;

has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty;

has breached the Code of Professional Conduct (the “By-Laws No. 2”) as adopted by the Institute of Management Consultants Singapore (IMCS);

has contravened or failed to comply with any of the provisions of the Act or the Constitution of By-Laws of the IMCS, including the misuse of the CMC certification logo;

carries on by himself or any person in his employment any trade, business or calling that detracts from the profession of Management Consultancy or is in any way incompatible with it;

has been barred, struck off, suspended or censured after due process by the professional institution that he belongs to (in Singapore or other countries);

makes a false or misleading declaration in connection with his membership in the IMCS or otherwise howsoever.

Initial Handling of Complaints

Any complaint concerning a CMC shall be made in writing specifying the actions or activities that led to the alleged violations listed in Procedure 1 followed by the date of the violation and how it was violated, signed by the complainant, and sent to the office of the Secretariat.

The complainant is required to submit any documents which support his/her complaint.

The Secretariat shall decide the nature of the complaint and if the complaint falls under the category of commercial dispute or is sub judice, advise the complainant that the complaint falls outside of the ambit of the Institute and dismiss.

If the complaint falls within the jurisdiction of the Institute, the Secretariat shall acknowledge the complaint and refer the complaint to the Disciplinary Chairman to request the IMCS Council to appoint an Inquiry Committee to inquire into the complaint. All information thereof are to be treated with confidentiality.

Upon receipt of the complaint referral, the Disciplinary Chairman shall forward a copy of the complaint to the CMC concerned as soon as practicable and request for a response in writing within fourteen (14) days of the date of the notification.

The Council may also on its own motion refer any complaint concerning a CMC to the Disciplinary Panel which may require any complainant to deposit $280 for the cost of initiating the disciplinary procedure.
Inquiry Committee

Following the action in Procedure 2.3, the Council shall promptly appoint at least three members of the Disciplinary Panel to inquire into the Complaint concerning a member of the Institute’s CMC. The newly formed committee shall be referred to as the Inquiry Committee.

The Inquiry Committee shall, upon receipt of the member’s response or the expiry of the period referred to in Procedure 2.4, begin its activities and as soon as possible decide whether to dismiss or proceed with the case.

Where the Inquiry Committee has decided to dismiss the case, the Disciplinary Chairman shall inform the member and the Complainant of the Inquiry Committee’s findings.

If the Inquiry Committee’s findings support the complaint, a Disciplinary Committee shall be appointed by the Council and the Disciplinary Chairman shall inform the member and the Complainant of the Inquiry Committee’s findings.

Membership requirements and status of the Inquiry Committee is governed by the By-Laws No. 3 of the Institute.

Any decisions arising at any meeting of the Inquiry Committee shall be made when members of the Committee are present to constitute a quorum, and determined by a majority of votes of the members of the Inquiry Committee. In the case of an equality of votes, the chair of the Inquiry Committee, who by default is the Disciplinary Chairman, shall have a casting vote.

Disciplinary Committee and the Hearing

Upon appointment, the Disciplinary Committee led by a Council Member shall commence on its proceedings and conclude its recommendations as soon as possible.

The Disciplinary Committee shall hear the oral evidence of the Complainant and his witnesses (if any) and thereafter the oral evidence of the member and his witnesses (if any) whereafter any submissions either party may wish to make. The member may be represented by Counsel at the hearing.

For the purposes of the proceedings, the Disciplinary Committee may:

Appoint its own Secretary to make or assist in the making of whatever preliminary inquiries it thinks necessary;

Require the production for inspection by the Disciplinary Committee or any person appointed by the Disciplinary Committee of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry and may require any person to give information in relation to such books, documents or papers; and

Require the CMC concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Disciplinary Committee or by the person so appointed.

Decide to investigate into matters in relation to previously unknown information which may affect the outcome of the hearing, after notifying the CMC in question.
Report

The Disciplinary Committee shall deliberate on the evidence and documents before it and make its findings and may either conclude to:

Dismiss the complaint;

Deal with the member under Procedure 6(a), in which event the member shall be entitled to appeal to the Appeals Committee within thirty (30) days of notification of the conclusion; or

Recommend to the Council that an Appeals Committee deal with the member under either Procedure 6(b) or 6(c).

In any event, the Disciplinary Committee shall submit to the Council a full record of the proceedings and reasons for its findings and recommendations (if any).

Sanctions

Depending on the conclusion of the investigation and/or hearing, the following sanctions (as governed by Rule 27.02 of the Constitution) may be imposed by the Disciplinary Committee:

Censure.

Suspension from holding out that he is a member of the Institute for such period, not exceeding two (2) years that the Council decides. Member to temporarily return Certificate.

Expulsion from membership by the Council. Member to return Certificate.

Appeal

Where the CMC is dissatisfied with the outcome, the CMC may appeal to the Secretariat.

An appeal may also take place upon recommendation by the Disciplinary Committee.

Each case that goes on appeal shall be heard by an Appeals Committee consisting of all Council Members present in Singapore and not more than two (2) external advisors appointed by the Council, excluding:

The Council Member who sat on the Disciplinary Committee

Any Council Member whose interest is, or might be, in conflict

The decision of each of the Appeals Committee shall be by majority but if there is an equality in votes, the Chairman of the Appeals Committee shall have a casting vote.

All members for the time being of the Appeals Committee shall be present to constitute a quorum for a decision or resolution in writing, signed by all the members of the Committee shall be as valid and effectual as if it had been made or reached at a meeting of such Committee where all its members were present. All concluded cases are to be documented and maintained.

Upon conclusion, the Secretariat shall notify both the complainant and the CMC member of the results and provide a formal notice of the end of the case.