Definition of terms

The terms of this procedure are defined as follows:

1. Complaint: in the context of this procedure, a complaint is any written expression of grievance or a report of a (suspected) infraction or irregularity by or on behalf of a complainant, regarding:

• the communications, business conduct and/or working methods of PUM in general;
• any behaviour, actions or negligence of any staff of PUM (including the management, volunteers and the members of Supervisory Board);
• any behaviour, actions or negligence of partners, consultants and/or other associates of PUM, involved in the execution of activities under responsibility of PUM;
• any infringement of the principles stated in the Code of Conduct by PUM or its affiliates;

that has not been corrected after initial steps to raise the complaint have been taken informally.

2. Complainant: any natural or legal person who files a complaint.
3. Reporting officer: the HR manager of PUM. The HR manager is entrusted to implement this Complaint policy and monitor and report on its processes and execution. In case the HR manager is object of complaint, the CEO will replace the HR manager as Reporting officer.
4. The Complaints Committee: The Complaints Committee will conduct the investigation according to the Complaints Committee Regulations. Next to the investigation the Complaints Committee will advise the CEO or Supervisory Board on actions to be taken if warranted, including disciplinary measures.
   If the CEO is object of complaint, his/her role in this procedure will be taken up by the chair of the Supervisory Board.
5. Interpersonal violation: discrimination, intimidation, humiliation, violence, bullying, unsolicited intimacy, sexual intimidation, sexual harassment and violence.

2. Who can submit a complaint

Any natural or legal person may submit a complaint or report a (suspected) irregularity. This disregarding its position or role, be it the aggrieved, victim, witness, (remorseful) perpetrator, affiliate or concerned citizen. PUM employees and volunteers are also referred to the (internal) PUM Misconduct Reporting Rules. These rules also describe how an employee or volunteer can make use of the legal whistle-blowers’ protection.

3. Letter of complaint

A complaint is filed by submitting a Letter of complaint to the Reporting officer of PUM at the PUM office, Bezuidenhoutseweg 12, 2594 AV The Hague, the Netherlands;
preferably by email to: meldfunctionaris@pum.nl (This mailbox is managed with the highest level of confidentiality by the Executive Board Secretary, with HR Volunteer Support as back up)
The Letter of complaint shall not be anonymous and should include:

• name and address of the complainant.
• a description and the date of the issue or behaviour complained about.
• the reason why the complainant objects to or reports this act/behaviour.
• in case of a suspicion: any supporting evidence for such suspicion.
• in case of an interpersonal violation: the names of the parties involved and their roles.
• any available supporting information or documentation.

4. Confirmation of receipt

The Reporting officer receives the complaint and will issue a written confirmation of receipt of the Letter of complaint and register the receipt of the letter in the complaint register within one working week. The confirmation of receipt will include information on how the complaint is going to be dealt with and what the expected duration of the process will be.

5. Period of processing and adjournment

1. The Reporting officer shall process the complaint within six weeks from the date of receiving the Letter of complaint.
2. The Reporting officer can adjourn the processing of the complaint for a maximum of four weeks, or in case an external investigation is done, for the duration of such external investigation. This adjournment will be communicated in writing to the complainant.

6. Processing of the complaint

In processing of the complaint, priority is given to the interests and privacy of the complainant and the possible aggrieved or victim(s). The latter will, wherever possible, be protected and safeguarded from further harm and will be assisted to cope with the harm or damages suffered.

1. Preliminary investigation – The Reporting officer assesses the complaint and will determine its validity, nature, severity and persons involved.

Based on the assessment the Reporting officer will:

• in simple cases, propose a (re)action to the complaint to the CEO and implement such (re)action once approved.
  Otherwise, the Reporting officer will:
• hand the complaint over to the Complaints Committee (or another independent party, in case any Complaints Committee members are involved in the complaint themselves) for further processing according to the Complaints Committee regulations;
• assess the need of disclosing the complaint to the relevant regulators or supervisory authorities and make such disclosure when necessary;
• in case of a crime, report this to the police;
• assess the need for and coordinate external communications when deemed appropriate.

2. Investigation – The Complaints Committee will assess the need for further investigation and decide, based on the nature and severity, on investigating the complaint by themselves or to contract an external party to do that. In the latter case, the Complaints Committee will submit an investigation proposal to the CEO for approval. The investigation proposal will also address how the interests of all parties involved are safeguarded.

7. Investigation, hearings and advice

1. The Complaints Committee will execute or monitor the investigation according to the investigation proposal.
2. The complainant and the person complained against are offered the opportunity to present their cases and put their views. In case the complainant and/or the person complained about decline their right to be heard, no such hearing will take place. A report of the hearing will be drawn up and signed off by the persons heard.
3. Based on all available documentation, including evidence and the hearing reports, the Complaint Committee will prepare an investigation report. This report will contain:

• A description of the complaint.
• A summary of the evidence, the results of the hearings and any other outcomes of the investigation.
• Conclusions and recommendations. The recommendations will, where applicable, entail actions and measures to be taken to protect the victims and prevent further harm, to restore justice and preventive measures to avoid repetition.

4. This report shall be submitted to the CEO or the Supervisory Board of PUM. A copy of the report will be filed with the Reporting register.

8. Adjudication

The CEO or Supervisory Board shall study the findings and recommendations of the investigation report to make a judgement. Where appropriate, the CEO or Supervisory Board will also decide on penalties and/or disciplinary and preventive measures to be taken. Penalties or disciplinary measures must always be proportional and consistent.

9. Announcement of the judgement

1. The Reporting officer will provide the complainant with a written and explanatory judgement based on the findings of the investigation, including the possible consequences thereof. The investigation report, as described in Article 7, will be attached to the judgement.
   A copy will be forwarded to the person complained about; copies of the judgement may also be sent to his/her superior and others involved in the investigation. However, for privacy reasons such report may be withheld or only partially shared.
2. If the complainant is dissatisfied with the settlement of his/her complaint, he/she may turn to Supervisory Board of PUM. The Board will then assess whether the complaints process and/or investigation has been conducted in the correct manner and the measures are justified and appropriate.

10. Registration in the Reporting register

All complaints are recorded in the Reporting register. Per complaint, a file is created containing all relevant documentation, including the investigation report and the judgement. This register is administered by the Reporting officer, at the office of PUM in The Hague, the Netherlands.