CONFLICTS BETWEEN INTERPRETERS AND CONSUMERS: WHEN YOU VE TRIED EVERYTHING

Transcription

1 CONFLICTS BETWEEN INTERPRETERS AND CONSUMERS: WHEN YOU VE TRIED EVERYTHING NAD Conference July 5, 2012

2 Presenters Dave Bowell Matthew O Hara, CI and CT, NAD IV, CAE Pamela Whitney, CI and CT, SC:L

3 Before Submitting A Complaint Try approaching the interpreter and sharing your concerns. Often, this will resolve the situation. Consider talking with his or her supervisor or the person responsible for contracting or arranging the interpreter to express your concerns. If you have exhausted all avenues of conflict resolution, you should examine the EPS Policy Manual to see if RID has the authority to review and process the complaint.

4 Helpful tips Before filing a complaint, consider addressing the issue directly with the person with whom you find yourself in conflict. Sometimes the "offending" individual has no idea that he/she has been offensive and, given the opportunity, might welcome the chance to make things right. Be clear that the issue at hand is about an identifiable ethical violation and not matters of personality or personal likes and dislikes - again, those would better be resolved with direct and respectful communication

5 Misconceptions Myth RID does not punish interpreters when they break the code of ethics Fact Mediation is often effective at solving issues and preventing ultimate sanctions Continuum of options for solutions

6 Ethical Practices System Staff 1. File Maintenance and Database Coordination 2. Complaint Review 3. Mediation Coordination Many variables to coordinate! 4. Assists With Adjudication and Appeal Process 5. Special Projects 1. Complaint Review 2. Coordinates Adjudication and Appeal Process 3. Administers Overall Policies and Program 4. Manages Training and Ethics Committee 5. Trained mediator

7 EPS Purpose The goal of RID s EPS is to uphold the integrity of ethical standards among interpreters. In keeping with that goal, the system includes a comprehensive process whereby complaints of ethical violations can be thoroughly reviewed and resolved through mediation or complaint review.

8 Overview of the EPS RID established the EPS as a multi-level grievance system to be utilized when all personal efforts have been exhausted and proven unsuccessful. This system includes a grievance process that includes a punitive/corrective component but also encourages communication, conflict resolution and a rebuilding of trust and confidence. The components of the EPS include: intake mediation adjudication appeal

9 Jurisdiction A complaint: must be based on the possible violation(s) of the official NAD-RID Code of Professional Conduct must be filed due to an incident related to the provision of interpreting services must describe an incident that occurred after the interpreter s services were contracted through a verbal or written agreement and may involve paid or volunteer interpreter service may be filed as a result of the contracted interpreter s conduct prior to, during, or after an interpreting assignment may be filed only by a person who has direct knowledge of or involvement in the interpreting situation in which the alleged violation occurred may be filed against any individual who is or was a member of RID at the time of the alleged violation must be filed within 90 days of the alleged violation

10 Intake Process Cases must meet specific criteria to be accepted into the EPS Required complaint components: Complete complainant information (no anonymous complaints) Name and location of the interpreter Date and location of alleged misconduct What happened Specific tenets cited How the behavior adversely affected the situation List of intended evidence Summary of complainant actions before filing Status of any legal action related to the matter Previous incidents listed, if any Staff often have to go back to the complainant for missing information

11 Formats for Complaints Written English The complainant may choose to write a narrative themselves. They may also sign or speak the complaint in the presence of a certified member of RID, who will transcribe the complaint into written English. Videotaped (ASL) The complainant my make an ASL video file of their complaint. Complaints submitted in this manner need to be easily sharable.

12 Next Steps Common reasons for rejecting a complaint: Non-member Beyond 90 days Incomplete complaint materials Acknowledgment sent Mediation? Adjudication? Dismiss? Notification of open case (30 days) Response deadline 30 days Arrangements for mediation begin Not related to interpreting (community gossip, social situations)

13 Mediation

14 What Is Mediation? Who are the mediators? The mediators are members of RID and/or the National Association for the Deaf (NAD). They are interpreters and deaf individuals who have completed professional mediation training through RID. They are knowledgeable in ASL, deafness and the interpreting process. Mediation is a collaborative problemsolving process that allows the person filing the complaint and the interpreter to discuss a shared conflict and mutually agree upon a resolution. The parties meet with one or two mediators who serve as neutral third parties to facilitate and guide the discussion. It is up to the parties to negotiate an agreement, if any. Mediation is the first step in the multi-level grievance system. It aims to increase the efficiency with which complaints can be handled as well as restore relationships.

15 Why mediation? If one chooses to go to mediation, then understand that the effort is geared toward providing individuals the space, time and support to resolve an issue that could not be resolved if left to the parties' own devices. The goal is not to punish or exact revenge - rather to come to a mutual understanding of what happened, why it happened and what can now be done to make things right for all involved. If one chooses not to go to mediation, then he/she forfeits rights to have direct input into resolution.

16 Adjudication

17 What Is Adjudication? Who are the adjudicators? RID has appointed a group of adjudicators to serve as case reviewers. The adjudicators are all members of RID and/or NAD, are certified interpreters (deaf and hearing), are skilled in ethical decision-making and are knowledgeable in the field of interpreting and deafness. Adjudicators are given an orientation to the RID complaint structure and undergo training in the case review process. Adjudication is a peer review process in which a selected panel of interpreters evaluates evidence of an alleged violation and determines whether a professional action was in violation of the NAD- RID Code of Professional Conduct. If it is determined that a violation did occur, the panel is further empowered to determine what sanctions should be imposed.

18 Adjudication Process Case information sent to the panel Panel meets and discusses case info, seeking consensus Decision is rendered: violation, reprimand, or no violation Sanctions, if any, are determined by the panel Parties notified of the decision by letter Parties may file an appeal of the decision

19 Violation? No Violation? Reprimand? No Violation: If no violation is found, there is no cause for action the panel may recommend training regardless. Thirty days after the decision is made, if no appeal is filed, the case is closed. No Violation - Reprimand Issued: An interpreter s behavior demonstrates a lack of professionalism or an isolated example of questionable behavior. The panel may find that the interpreter s behavior was not unethical but may issue a formal reprimand with regard to the questionable conduct. Violation: If the panel finds the interpreter s action is in violation, it must then determine whether to impose sanctions. Sanctions reinforce an understanding of the NAD-RID Code of Professional Conduct and ensure that the violation will not be repeated.

20 Possible Sanctions letter of censure corrective action(s) re-training and re-education, supervision, mentorship suspension of certification and/or suspension of RID membership revocation of certification and RID membership Any time a violation has been determined, regardless of the sanction, the interpreter s name and the violation will be printed in VIEWS.

21 What if If corrective actions are not completed and submitted by the deadline, the respondent s certification (if certified) and membership will be temporarily suspended. In no case will the certification or membership cycle be extended or refunds on dues given to compensate for time lost during the suspension.

22 Appeal An appeal is a process in which a second panel of adjudicators reviews the decision of the initial panel of adjudicators. The purpose of this process is to evaluate any possible inconsistencies in the process or decision. The grounds for appeal must include one or more of the following reasons: Procedural error(s) by the EPS The decision was not supported by the evidence presented The sanction(s) was unduly harsh based upon the violation(s) found.

23 Appeal Outcomes No Grounds for Appeal If the appeal panel decides to uphold the original decision, the findings and recommendations of the initial panel stand. Grounds for Appeal Supported If the appeal panel decides in favor of the grounds for appeal, the case will be reviewed in its entirety, and the appeal panel will render a new decision on the case. Any sanction imposed by the initial panel may not be increased in severity by the appeal panel. The appeal panel s decision is final.

24 Mediation and Adjudication Stats

25 Case Stats A Closer Look Complaints Received EPS Cases Accepted Mediations Adjudications Appeals Hearing Complainant Deaf Complainant Mediation Agreement Mediation Non-Agreement Mediation No Show Adjudication Violation Adjudication No Violation Complaint Tenets Cited

26 Number of Cases EPS Case Stats Complaints Received EPS Cases Accepted Mediations Adjudications Appeals Complaints Received EPS Cases Accepted Mediations Adjudications Appeals Year

27 Tenets Cited in Complaints

28 Q & A Time