ARTICLE 4: CODE OF ETHICS AND DEMOCRATIC PRACTICES

4.20 If it is believed that a violation of this Code of Ethics has taken place or is taking place, a signed letter of complaint may be sent to the President with specific allegations describing how the Code of Ethics has been violated. This practice may be used when the person making the complaint does not wish to make a charge under this Constitution, or the circumstances of the matter give rise to concerns with respect to confidentiality.

4.21 The President shall deal promptly with any complaint alleging a violation of the Code of Ethics. Unless the complaint constitutes a charge under the constitution, the President shall investigate the matter in a confidential manner that respects the rights of all parties taking into account the principles of natural justice.

4.22 If the complaint is deemed by the President to be an acceptable charge as per Article 18 Section C the matter shall be considered a violation of the constitution subject to the procedures and appeals in Article 18.

CHANGE TO:

4.20 If a member believes that a violation of this Code of Ethics by another member has taken place or is taking place, the member can make a charge against the other member. The member shall use the processes in Articles 18.C or Article 18.D to make the charge.

4.21 If a member believes that a violation of the Code of Ethics by another member has taken place or is taking place, and the member wishes to make a confidential complaint and not a charge, the member can send a signed letter of complaint to the President with specific allegations describing how the Code of Ethics has been violated by the other member.

4.21.1 If a confidential complaint is about the conduct of the President, the member shall send the signed letter of complaint to another National Officer. The National Officer that receives the complaint shall inform the other National Officer unless that National Officer is also a subject of the complaint. The National Officer that receives the complaint shall then carry out the investigation responsibilities as described below.

4.21.2 If a confidential complaint is about the conduct of all three National Officers, the member may send the signed letter of complaint to all members of the National Executive Board which shall meet and decide whether to investigate the complaint.

4.21.3 The President or other National Officer shall deal promptly with a confidential complaint by investigating it or by directing an investigation. The investigation shall to the extent possible be confidential, fair, and respectful of the rights of all parties. The President or other National Officer can decline to investigate a confidential complaint if it would be more appropriately dealt with as a charge under Article 18.C or 18.D. The President or other National Officer can also decline to investigate a complaint that is frivolous or vexatious; or when the matter complained of appears to be trivial, or where the matter has been adequately addressed in a different way.

4.21.4 Except where a complaint is about a member of the National Executive Board, the President after investigating a confidential complaint shall decide if the Code of Ethics has been contravened and shall decide how to deal with a contravention which may include any of the things listed in Article 18.C.7. The procedures and appeals in Article 18.C apply to the decisions.

4.21.5 In the case of a confidential complaint about the President or other member of the National Executive Board, the President or other National Officer after investigating a confidential complaint shall determine whether the member appears to have contravened the Code of Ethics. If the President or other National Officer finds that the Code of Ethics appears to have been contravened, the National Executive Board shall deal with the matter. The National Executive Board shall decide whether the member has contravened the Code of Ethics. The processes in Article 18.D.5 shall apply to the decision. The National Executive Board shall then decide how to deal with a contravention which may include any of the things listed in Article 18.D.6. The procedures and appeals in Article 18.D apply to its decisions.

Respectfully submitted by the NEB