Any number of situations may arise which may lead an AKYLADE tester or non-tester to file a formal complaint with the AKYLADE.  This may include a complaint regarding a perceived flaw in a question or exam process, or a complaint against an AKYLADE certified individual, staff member, volunteer, or proctor. Additionally, the complaint process will be followed when a candidate appeals the decision on the issue of the certification being awarded or not. Therefore, for the sake of policy and procedure the “Appeals” process will be synonymous with the “Complaint” process. 

This process offers any individual the opportunity to have his, her, or their concerns heard in a fair, objective forum. However, individuals will not be entitled to receive a copy of either the certification examination or the answers to any questions on the examination. 

Such individuals may present written evidence of the basis for their complaint. Such evidence shall be reviewed, and appropriate action taken.  No disciplinary action will be taken against the individual simply because he/she/they have/have filed a complaint.  All complaints will be treated as confidential. 

To ensure an impartial appeals process, a Complaint (Appeals) Review Panel (hereinafter “Review Panel” consisting of three (3) AKYLADE Advisory Council members is formed: The Chairperson and two other voting members. The Chairperson of the Review Panel will be the AKYLADE Advisory Council Chairperson, who will appoint the other two voting members from the existing AKYLADE Advisory Council. If the Chairperson chooses a Complaint Review Panel member who has a personal or financial conflict of interest, that Review Panel member will be withdrawn from the Review Panel. If the Chairperson is the subject of the complaint, then the Chief Executive Officer of AKYLADE will assume the lead role in this process. 

The Review Panel reviews each case individually and then processes the results of the review directly with the individual filing the complaint. The AKYLADE Advisory Council grants the Review Panel full and final authority to institute corrective action, if any is required. 

The Review Panel Chairperson will chair all meetings of the Review Panel, which will be held, as needed, by conference call unless an in-person review is requested and paid for by the complainant. Dates and times for review will be determined by the Review Panel Chairperson.

Panel members and the complainant will be informed of the date at least one (1) month prior to the conference  call. All materials available for the review will be provided in writing to the members in advance of the review. 

Under no circumstances will an appeal or complaint result in discriminatory actions against the appellant.  

If the appeal for certification is found to be valid and therefore certification is granted; the issue that triggered the appeal will be reviewed and changed immediately.  

If AKYLADE finds a substantiated complaint about an AKYLADE certified person, that person will be contacted for comment. If they do not reply within 30 days or if comments/evidence do not fully justify behaviors the “certification withdrawal” process will begin.  

All complaint handling processes will comply with AKYLADE’s privacy policy.

Procedure:

1.  An individual must submit a written request for a complaint or appeal hearing within seven (7) days of any alleged incident, which must be signed by the individual or emailed from the address listed in candidate’s database file, to AKYLADE at appeal@akylade.com. AKYLADE will notify the complainant/appellate by email of receipt of complaint or appeal within three (3) business days of receipt.  
   
   
2. Following the receipt of the complainant's request, the Chief Legal Officer shall, as soon as practical, appoint three members of the AKYLADE Advisory Council to serve as the Complaint/Appeal Review Panel if, in possible consultation with AKYLADE's legal counsel, the Chairperson feels the complaint is credible and warrants further action.
   
   
3. After receipt of a request for a formal complaint or appeal, and selection of the Complaint Review Panel, the Panel will consider the case as soon as practical. Once the date is determined, the Review Panel will notify the complainant/appellant via email of the Review Panel’s meeting date and time.
   
   
4. In advance of the review, all supporting materials for the case will be sent to the Review Panel by AKYLADE. 
   
   
5. At the request of individual members of the Review Panel, the Chairperson may, but need not, submit additional questions in writing to the complainant/appellant. If an individual is the target of the complaint, questions may also be submitted to the subject of the complaint. The complainant/appellant and the subject will have the opportunity to respond in writing or email. 
   
   
6. Review Panel members, the subject, and the complainant/appellant will be informed of the date for the review at least one (1) month prior to the conference call or meeting. 
   
   
7. If the complainant/appellant or the subject desires an opportunity to address the Review Panel in person or by conference call, the complainant/appellant may do so but must bear the cost of such in-person review.  The complainant/appellant and/or subject can contact AKYLADE for an estimate of such costs.  
   
   
8. The subject of the complaint may be represented by legal counsel at any meeting at which the complainant/appellant addresses the Review Panel, whether in person or by conference call.   
   
   
9. The voting members of the Review Panel will review each case and reach a majority decision. The decision of the Review Panel will be final. 
   
   
10. The Chairperson of the Review Panel will send the complainant/appellant the Panel’s decision in writing by certified mail as soon as practical after the review. 
    
    
11. Written materials considered in the Complaint/Appeal Review Process and written decisions of the Review Panel will be securely stored and retained in the AKYLADE share drive for three (3) years.