Code of Due Process
From the Ethics and Integrity Committee of the National Qigong (Chi Kung) Association USA
Code of Due Process
The National Qigong (Chi Kung) Association USA (NQA) has adopted this Code of Due Process in order to be of support to its members and to ensure the highest quality of qigong practice, teaching, and healing through the proper and effective use of qigong, in any form, by its membership. All members of the NQA, as a condition of membership, subscribe to the NQA Code of Ethics & Integrity which makes up the criteria upon which NQA Due Process deliberations are based. Robert’s Rules of Order is followed.
Application of Due Process
- Any person, whether or not a member of the NQA, may initiate a charge of ethical violation against a member of the NQA.
- Any charge must be submitted in writing to the Ethics and Integrity Committee, must specify the time and place of the alleged violation, and must be signed by the complainant.
- The Due Process Team (a sub-committee of the Ethics Committee made up of the Chair, Vice-chair, and one additional Ethics Committee member elected by their membership) shall inform the member, through an informal communication, of the charges and solicit the member’s response to the charges. The Due Process Team will then informally communicate this response to the complainant. If the complainant drops the charges the matter is deemed resolved and no further action need be taken.
- If, upon hearing about the response of the member, the complainant does not drop the charges, and the Due Process Team determines that cause for further inquiry exists, the
Due Process Team shall set a time and place for a hearing and shall notify the member and the complainant, by certified mail, of the time and place.
- The purpose of the Due Process Team hearing is to gather all the facts related to the alleged violation. The charged member may appear in person or by a representative, or may submit a written defense to the Due Process Team at least forty-eight
(48) hours prior to the time of the hearing. At the hearing, the
charged member shall have the right to cross examine the complainant and any witnesses who may appear against the member. The charged member shall also have the right to present witnesses. The complainant shall be able to direct questions to the charged member only through a Due
Process Team member. The hearing may be recorded and a transcript of the proceedings, if any, shall be available at cost.
- No later than thirty (30) days following the hearing, the Due
Process Team shall submit a report of the findings to the Board of Directors and recommend either: a) dismissal of the charges, b) censure or warning, c) suspension, or d) expulsion. The Due Process Team shall send by certified mail a copy of the report and recommendation to the charged member.
- If the Due Process Committee recommends censure, warning, suspension or expulsion, the member shall have thirty (30) days from the receipt of the Due Process Team report to submit to the Board written objections to the findings or recommendations of the Due Process Team.
- The Board shall review the findings and recommendation of the Due Process Team and any written objections submitted by the member and shall reach a final decision. The Board shall notify the member in writing, by certified mail, of its decision.