Complaints Committee — How We Work

External Complaints Committee

A complaint regarding inappropriate conduct or an integrity issue requires careful and independent handling. Van Opstal & Partners facilitates external complaints committees for organizations that wish to handle complaints independently of their own organization.

The external complaints committee investigates the complaint, hears from the parties involved, and issues a reasoned decision and recommendation to the appropriate authority within the organization.

When is an external complaints committee needed?

An external complaints committee may be called upon to handle complaints regarding, for example:

• bullying;
• discrimination;
• sexual harassment;
• aggression and violence;
• other forms of inappropriate behavior;
• integrity issues.

The types of complaints that a committee can handle are determined by the complaint policy of the organization in question.

Independent Composition

A separate complaints committee is formed for each complaint. The committee consists of three members:

• a chairperson;
• a secretary;
• a committee member.

When selecting committee members, consideration is given to what is necessary to ensure the complaint in question is handled with due care. The committee includes members with legal expertise and relevant subject-matter expertise. Where appropriate, knowledge of the sector or industry in which the complaint arises is also taken into account.

The committee members have no personal interest in the outcome of the complaint and are not involved in the complaint or in the organization where the complaint arose.

In the case of international organizations or English-language complaint handling, appropriate language proficiency is ensured within the committee.

How is a complaint handled?

The complaint handling process generally consists of the following steps.

1. Receipt and Review
First, the complaints committee determines whether the complaint is admissible under the applicable complaints policy and can be considered.

2. Investigation and Hearing of Both Sides
Once the complaint is accepted for review, the committee reviews the case file and hears from both the complainant and the respondent. If necessary, the committee may also hear from witnesses or other parties involved and request additional information.

The complainant and the respondent are given the opportunity to review each other’s positions and to respond to them.

3. Decision-Making
Based on the investigation, the complaints committee reaches an independent and reasoned decision regarding the complaint.

4. Advice and Reporting
The committee submits its findings and assessment in writing to the organization’s competent authority and may, in doing so, make recommendations regarding any measures to be taken and the prevention of similar situations in the future.

The competent authority ultimately decides what measures will be taken in response to the recommendation.

Confidentiality and Diligence

The handling of a complaint is not public. The committee treats the information it receives in connection with the complaint process as confidential.

Both the complainant and the respondent are given the opportunity to present their views and respond to relevant information.

Complaints Policy

In principle, the external complaints committee operates in accordance with the complaints policy of the organization in question.

When Van Opstal & Partners enters into a partnership to provide an external complaints committee, we review the existing complaints policy in advance. Where necessary, we discuss adjustments or clarifications to ensure that the policy and the external complaints committee’s procedures are well aligned.

If an organization does not have its own complaints policy, or if the existing policy does not address the situation in question, the Van Opstal & Partners External Complaints Committee Complaints Policy may be applied.

[View the Complaints Policy of the External Complaints Committee of Van Opstal & Partners.]

In case of doubt, the relevant organization’s own complaints policy shall prevail.

Annual Report

For organizations to which we provide ongoing access to the external complaints committee, we can provide an annual anonymized report on the number and nature of the complaints handled and the nature of the recommendations issued.

This report can be used to evaluate policy and to identify and prevent recurring issues.

Learn more

Do you have any questions about the structure or procedures of an external complaints committee, the handling of a complaint, or the complaints policy? If so, please contact us.

D.H. Diercks, Esq.:

Contact person for external complaints committees
info@vanopstalenpartners.nl