Grievance and Transformative Justice Policy and Protocol
Template
[Company Name]
I. Overview
A. Introduction
[Company Name] is committed to fostering an environment that embodies integrity, respect, and accountability Our Grievance and Transformative Justice Policy and Protocol ("GTJPP") is designed to address conflicts and harms within our community through a holistic and restorative approach, emphasizing healing, reconciliation, and the transformation of relationships.
[Company Name] recognizes that traditional disciplinary approaches often fail to address the root causes of harm and can perpetuate cycles of conflict and oppression. The accountability process laid out in this document is intended to enact the principles of Transformative Justice throughout the processes and protocols We commit to addressing head-on incidents of harm and also to transform the conditions that give rise to them, promoting a culture of empathy, understanding, mutual respect, and systemic change
This document includes:
1 Information on reporting ethical breaches and the channels by which they can be received and processed.
2 Report Investigation Procedures, including types of investigations depending on the severity of reported ethical breaches
3. Transformative Justice Process, protocols and general process design, an overview of Transformative Justice philosophy and principles, and the aims and desired outcomes for engaging such a process
4. Transformative Consequences and Corrective Actions affecting certification, employment status, or other corrective actions are determined case-by-case
B. Scope
It is important to [Company Name] that when we commit to upholding ethical standards, we make every attempt to do it well. Thus, it is important we be clear and realistic about our scope. The Codes of Conduct and the accountability processes laid out in this document can only be extended to those we have an active relationship with This relationship means we have agreed to certain conduct as a condition of that relationship. Our hope is that our Codes of Conduct for ethical practices have a positive impact further than our purview, but here we lay out what is in the scope of our accountability policy and protocol to address.
This grievance processing or Transformative Justice protocol applies to:
1 [Company Name] employees
2. Program staff and contractors who come into contact with students
3 Certified guides
4. Board members
5. Students in their interactions with each other and staff.
It is outside of [Company Name]'s scope and purview to conduct a Grievance or Transformative Justice Protocol for reports of ethical breaches made about:
1. A current student regarding their private practices. [Company Name]’s Ethics Committee will investigate and, in line with [Company Name] policies, discern whether it affects their enrollment
2. Any former employees, contractors, board members, or students who did not become certified guides [Company Name]’s Ethics Committee will keep a file of reports about such individuals for consideration in case of future re-engagement.
Should an issue fall outside [Company Name]’s scope, the [relevant supporting webpage] on the [Company Name] website may be helpful to people seeking support.
II. Reporting Ethical Breaches
A. Identifying Ethical Breaches
For [Company Name] Guides, failing to uphold ethical responsibility is an ethical breach Guides' ethical responsibilities are described explicitly as policies in [Company Name]’s Code of Conduct for Guides [add link] Breaches of any policies contained within a Code of Conduct are considered ethical breaches
If anyone becomes aware of an ethical breach by any of [Company Name]'s certified guides, staff, students, or board members, they should report it via the channels laid out in section B.
B. Reporting Channels
[Company Name] maintains multiple avenues for reporting suspected ethical breaches to ensure accessibility and accommodate different levels of comfort and confidentiality
Any individual, whether a guide, client, staff member, or member of the public, may report a suspected ethical breach by a [Company Name] certified guide, staff, student, or board member through one of the following channels:
1. Ethics Committee (EC): The EC is an independent body responsible for overseeing the ethical conduct of [Company Name] guides, employees, and other stakeholders and investigating reported breaches. Concerns may be submitted to the EC using the confidential "Report Concerns" form on the [Company Name] website [add link] The EC will review the report and determine whether it falls within their scope of authority or if it should be referred to another department, such as Human Resources, for handling. At
times, a case may be addressed by both the EC and the HR department
2. Manager or Supervisor: Individuals employed by [Company Name] may, in addition to reporting concerns or complaints directly to the Ethics Committee or HR, choose to report ethical concerns to their direct manager or supervisor, who will then refer the case to the appropriate department, such as the EC, if the issue is, in fact, ethical or HR if it is an employment issue, for further investigation
3. Human Resources Department: Any ethically concerning behavior may be reported to [Company Name]’s HR department ([add contact information]) Once the department receives a report, it will evaluate whether the behavior relates to workplace safety, discrimination, or harassment of a [Company Name] employee or a breach of an employee's contractual obligations If it does, the HR department will notify the Ethics Committee but act under their authority to address this behavior. If it does not, the HR department will refer the case to the Ethics Committee At times, a case may be addressed by both the EC and the HR department
Regardless of the reporting channel used, all reports of ethical breaches will be taken seriously, handled confidentially, and investigated thoroughly.
III. Investigation Procedure
A. Initial Assessment
Upon receiving a report of a suspected ethical breach, the responsible party (e g , EC and/or HR) will conduct an initial assessment to determine the nature, severity, and scope of the alleged breach, develop an appropriate action plan, and determine whether engagement in the [Company Name] Transformative Justice protocol is relevant
1 Case Manager Assignment: The Ethics Committee assigns a dedicated case manager to each case to oversee its progress and serve as the main point of contact for the submitter.
2 Preliminary Assessment: To help minimize bias, the case manager and one other Ethics Committee member conduct an initial review to evaluate the issue's relevance and urgency and determine whether further information or investigation is needed
3 Initial Response: The case manager informs the submitter and any involved parties about the commencement of the review process, emphasizing confidentiality and the steps ahead
B. Detailed Review and Investigation:
1 Investigation: If necessary, a fact-finding investigation is conducted to gather all pertinent information and perspectives related to the case to determine the severity of the ethical breach.
a The submitter may provide this information via a secure, confidential web form or an interview with the case manager and committee member.
b In cases involving reports of a severe ethical breach, there could be cause for immediate action such as suspending the activities or duties of the alleged responsible party to prevent further harm, even prior to the completion of the full investigation.
c. In cases involving reports of sexual misconduct, one of the interviewers should be versed in interacting with victims of sexual abuse as it requires a particular sensitivity and skill.
d Transcripts from interviews should be captured verbatim to avoid bias and preserve the interviewees' reports AI is recommended for this step
2 Subgroup Deliberation: The case is reviewed by a specialized subgroup within the committee, chosen for their relevant expertise, to help support a balanced and informed deliberation. Re-engaging involved parties to gather further information may be relevant at this stage
C. Recommendations and Implementation:
1 Recommendations: The committee develops clear, actionable recommendations for addressing the issue, which may include corrective actions, engagement in the [Company Name] Transformative Justice protocol, organizational policy revisions, or other measures to address the issue and prevent future occurrences
2. Communication: Decisions and rationale are communicated clearly to all relevant parties, ensuring the rationale is clear and the expected actions are understood
3. Implementation Monitoring: The committee monitors the implementation of decided actions with relevant departments or individuals to support effective execution.
4 Feedback Loop: A feedback mechanism is established, allowing the committee to assess the outcomes of its suggestions and adjust its processes or guidance as needed.
[Company Name] is committed to conducting all investigations thoroughly, grounded in our ethics and values, and fair to all parties involved. The dignity of reporting individuals, those experiencing harm or unethical care, and the accused will be protected throughout the process
D. Severity of Breaches
The severity of an ethical breach may elicit different procedural responses, with priority given to addressing, in a timely manner, any circumstance that may be causing harm or is found to be causing harm
1. Minor Breaches: If the investigator determines the reported breach to be minor, the investigator may address the issue informally through direct conversation with the individual accused or directing their supervisor or manager to provide guidance and clarification to prevent future misunderstandings or missteps.
2 Serious Breaches: If the reported breach is more serious, the investigator will open a formal investigation. This may involve interviewing relevant parties, reviewing documentation, and consulting with subject matter experts as needed.
3 Severe Breaches: In cases where the reported breach is severe, poses an imminent risk of harm, or involves legal violations such as, but not limited to, physical or sexual abuse or assault, financial exploitation, or fraud, the investigator will open an investigation and may also need to take immediate action to ensure the safety of parties involved. If a mutually safe way to proceed cannot be found, they may be required to contact law enforcement to protect someone in harm's way
E. Unsubstantiated Reports
It may be the case that a report of an ethical breach is unsubstantiated due to non-participation in the investigation by the reporting party, the accused party, others involved in the circumstances or an opposing narrative, or a lack of tangible evidence An ethical breach being unsubstantiated does not mean the report is disregarded The Ethics Committee must investigate to the best of its ability, properly documenting its process and conclusions. Unsubstantiated reports of a serious or severe nature could still result in consequences or corrective action by the party accused, depending on the circumstances of the case.
F. Referral to Transformative Justice Process
If, at any point during the investigation, the Ethics Committee determines that the breach may be best addressed through a transformative justice process, this option will be presented to the involved parties Participation in a transformative justice process is voluntary and requires the agreement of all immediate parties involved.
If all parties agree to explore the possibility of a transformative justice process, the investigation will be paused, and the case will be referred to trained transformative justice facilitators who will guide the process according to established protocols See the Transformative Justice Policy and Protocol below for details.
The formal investigation will proceed if one or more parties decline to participate in transformative justice.
The investigation or transformative justice process outcome will be communicated to the involved parties, along with any recommendations for corrective action, disciplinary measures, or other steps to prevent future breaches and promote accountability
IV Transformative Justice Philosophy and Overview
A. Overview
Philosophy of Transformative Justice Approaches: Transformative Justice (TJ) aims to transform people, relationships, and organizational systems toward greater equity, wholeness, transparency, and overall health and well-being TJ acknowledges the broader structural inequities and their impact on every person, community, and organization, inviting people to become more aware of and engaged in changing these systems for the better
TJ is not reliant on punitive or individualistic approaches like the current criminal legal system Instead, it seeks to identify necessary changes at the individual, community, organizational, and practice levels TJ recognizes and works with the positional power present in conflict dynamics and the broader systems of oppression and privilege that factor into these dynamics. While other conflict resolution frameworks often interpret most dynamics as interpersonal or as transference and countertransference, TJ acknowledges many levels of dynamics at play
TJ invites us to consider how we are all affected and shaped by dominant paradigm power-over systems, even when we disagree with them, and to grapple with how we might unintentionally enact these power-over paradigms within relationships.
A TJ approach operates on the belief that every person in a system with conflict or harm can transform Survivors can heal and regain a sense of agency and safety, bystanders can become active allies and change-makers, and those who have caused harm can develop awareness, take accountability, and grow TJ relies on ongoing relationships, recognizing that change occurs within relationships rather than in isolation.
B. General Principles of Transformative Justice
1 Liberation and equity are guiding principles and a social analysis of power must be integrated.
2 Every person in the system is capable of transformation
3 Stopping current abuse and violence is vital, and shifting organizational and positional power and decision-making is often necessary.
4 Healing and accountability processes are unique based on one's role and experience (e g , survivors' needs differ from those of the community and those who caused harm)
5. Relationships, connection, and boundaries are essential to TJ – acknowledging harm and power without demonizing those who have caused harm
6. TJ operates outside the criminal/legal system, whereas restorative justice is often connected to those systems.
7 TJ must be trauma-informed and incorporate somatic awareness, recognizing predictable responses to shock, hurt, betrayal, and the impact of unethical conduct.
8 Embodied skills such as setting boundaries, making requests, processing shame, practicing centered accountability, and holding complexity and contradictions are necessary for practicing TJ.
C. Objectives of the Transformative Justice Protocol
The Transformative Justice Protocol is a process that aims to:
1 Provide support, agency, and healing to those hurt and impacted
2 Engage community members and those peripherally involved or impacted to participate as allies in supporting those who have been hurt or harmed, changing the behaviors and systems that caused harm, and helping to align practices with values
3 Facilitate growth, empathy, accountability, apology, amends, and behavior change for those who have caused harm.
4 Initiate changes in organizational structures that allowed for or failed to prevent or account for the harm or impact that occurred, integrating a social justice analysis and an understanding of the broader power-over and oppressive social and economic norms often present
D. Desired Outcomes of the Transformative Justice Protocol
1 Protection: Harms are stopped, and those harmed are protected from future harm
2 Healing and Reconciliation: Healing for those harmed, encouraging genuine accountability, apologies and amends by those responsible, and when it is desired, a restoration of relationship
3 Community Involvement: A community engaged in the transformative justice processes to collectively address harms and support the parties involved.
4 Structural Change: Identifying any structural conditions that allowed harm to occur and devise plans for future prevention or mitigation by changing organizational practices and policies
5 Community Transformation: Progress towards transforming the social conditions and relationships contributing to harm, aiming for a more just and equitable community.
E. Gratitude for Transformative Justice pioneers:
We'd like to thank the many activists, organizers, and visionaries who have worked diligently to build Transformative Justice theory and praxis for many decades, including INCITE! National network or feminist of color, generationFIVE, Mimi Kim and Creative Interventions, Mia Mingus and the Bay Area TJ Collective, and many, many more. Please find a national map to TJ praxis under "what makes us safe" and international links Special thanks to Staci Haines for exposing us to TJ, its principles, analysis, and praxis and for offering so much along the way.
Here are some resources to learn more about Transformative Justice principles, histories, and the different ways it is practiced.
1 what really makes us safe
2. being accountable communities
3 transformharm org
4. generationFIVE TJ handbook
5. batjc- bay area transformative justice collective
V. Transformative Justice Process Protocol
A. TJ Facilitator Engagement
If the Ethics Committee recommends a Transformative Justice (TJ) process for a reported ethical grievance, the following steps are taken:
1. Internal Capacity Assessment: The Committee evaluates if there is adequate internal professional skill in TJ, understanding of the specific grievance circumstances, and time capacity among committee members
2. TJ Team Formation: Two qualified individuals should be appointed to lead the TJ process and protocol They will form and lead the TJ team for the grievance at hand
3 External Engagement: If the Committee determines that the internal capacity is insufficient, the Committee will engage external TJ professionals. These individuals must: a Possess demonstrated expertise in TJ processes b Have experience relevant to the nature of the grievance c. Be vetted through a predetermined selection process d. Receive approval from the [Company Name] Board before engagement
4 Conflict of Interest Check: Ensure that selected facilitators (internal or external) have no conflicts of interest related to the case.
5 Orientation: Brief the selected facilitators on [Company Name]'s policies, culture, and hopes for the TJ process
6. Confidentiality Agreement: Have all facilitators sign a confidentiality agreement to protect the privacy of all parties involved
7 Documentation: Maintain clear records of the facilitator selection process and rationale for choices made.
B. Initial Assessment for TJ Relevancy
Each main party involved is approached independently to:
1 Hear further perspectives as necessary
2. If external TJ professionals are engaged, they will assess and determine the appropriateness of the transformative justice process for the incident
3 Assess each party's capacity to engage with the process in a manner that would not cause further harm and prioritize the well-being of the impacted party.
4 Assess each party's capacity to engage with the process based on the degree of alignment or misalignment with the values of Transformative Justice. If a party does not align or agree with the values of Transformative Justice, the TJ process is unlikely to be effective In this case, the Ethics Committee forgoes the TJ process and makes its recommendation for corrective action or consequences.
C. Consent and Participation
If a Transformative Justice process is applicable, all parties involved in the incident are asked to participate in it The impacted person(s) are asked first, followed by the person causing the
impact Participants are informed of the overall process, the expected outcomes, and their right not to participate.
D. Policy for Non-Participation
If an individual chooses not to or cannot engage in the TJ process, [Company Name] respects their decision and will seek alternative means to address the issue at hand The TJ process may proceed with those willing to participate while ensuring that the processes and outcomes do not infringe on the dignity of the non-participating party
Non-participation by a [Company Name]-employed or certified guide who has caused harm may or may not result in changes to their employment or certification status, depending on the circumstances and determined by the Ethics Committee and HR department The TJ process, amongst other objectives, provides an opportunity for those inflicting harm to engage in accountability and learn to prevent future harm Thus, non-participation may signify a divergence from [Company Name]s' core ethical principles.
E. Formation of a TJ Response Team
A TJ Response Team is formed, including Transformative Justice facilitators and, if the Ethics Committee deems necessary, external experts The team collaborates to understand the context of the harm, the parties' needs and desired outcomes, and the broader community impact
F. Design of the TJ Process
The TJ Response Team designs the TJ process. This is an organic and dynamic process. There is an overall direction and format the process follows Some of what happens depends on what those impacted want and need, the unique circumstances of the issue, and the people involved.
Parties included are grouped as follows:
1. Acutely impacted person/group
2 Bystanders/allies, community, peripherally impacted people/group
3. Person/people causing impact/responsible for ethical breach
G. TJ Process Implemented
The TJ process is initiated, allowing all parties/groups to express their experiences, perspectives, and feelings The dialogue aims to uncover the underlying causes of harm, promote understanding, and identify steps for accountability and healing
1. The general steps of the process include:
a Each person/group meets with the facilitation team as many times as necessary or according to the designed process to prepare for future meetings with other groups and the relational dynamics involved.
b Acutely impacted person/group + bystanders/allies, community, peripherally impacted people/group come together.
c Possibly person/people causing impact/responsible for ethical breach + bystanders/allies, community, peripherally impacted people/ group come together
d. All groups may meet with aim of healing, reconciliation, learning, growth, and the transformation of relationships
H. Agreements and Action Plans
A mutually agreed-upon action plan is developed, outlining steps for accountability, reparations, and future harm prevention by the person/group responsible for the ethical breach The plan may include apologies, restitution, participation in additional education or training or other restorative actions, and changes to their [Company Name] certification or employment status, if applicable
If no resolution is possible, [Company Name], informed by the Ethics Committee, reserves the right to take administrative or corrective actions in accordance with the organization’s policies and legal framework These actions will aim to preserve the organization's integrity while minimizing harm and promoting healing for all parties involved
Additionally, a plan will be made for systemic changes within the organization to prevent harm in the future, harvest learnings, and improve the organization's and/or community's response if it occurs again.
V. Transformative Consequences and Corrective Action
The consequences for ethical breaches will be determined on a case-by-case basis, taking into account factors such as the nature and severity of the breach, the level of experience and training of the responsible party, any past history of breaches, and the responsible party's willingness to take responsibility and engage in the Transformative Justice process when a TJ process is applicable
Potential outcomes of ethical breaches by part of [Company Name] certified guides may include:
1 Informal counseling or mentoring
2 Mandated additional training, supervision, or consultation
3. Temporary suspension of certification or ability to provide psychedelic services
4 Probationary status with specific boundaries or reduced scope of practice
5. Permanent revocation of certification
6 Termination of agreement for [Company Name] staff or contractors
7 Referral to law enforcement or other authorities in cases where it may be necessary
In all cases, the primary goals of any corrective action or consequences will be to ensure client safety, prevent further harm, and support the responsible party’s accountability, learning, and growth. Where possible, [Company Name] will prioritize a transformative approach that seeks to
address the root causes of the breach and facilitate healing for all affected parties
Throughout the process, [Company Name] will strive to balance the need for accountability with recognizing the complex challenges and pressures of participating in this emerging field. The organization will work to create a culture of openness, support, and continuous learning where community members feel empowered to seek help, acknowledge mistakes, and work collaboratively to uphold the standards of ethical practice.
VI. Follow-Up and Documentation
The Ethics Committee will conduct follow-up meetings to assess the progress of the action plan and the well-being of all parties Detailed documentation of the process will be maintained while ensuring the confidentiality and privacy of all parties No cases shall be sealed to future committee members. Case notes and filing methods must provide transparency within the Ethics Committee so that recurring issues regarding an individual can be flagged
VII. Commitment to Continuous Improvement
[Company Name] is committed to continuously evaluating and improving its grievance process and transformative justice practices to ensure they meet the community's needs and align with the organization's core values.
Grievance and Transformative Justice Policy
Acknowledgment
As a member of the [Company Name] Community, I acknowledge and agree to abide by the principles and protocols outlined in the Grievance and Transformative Justice Policy and Protocol (GTJPP) I understand that this policy is designed to address conflicts, harms, and ethical breaches within the [Company Name] community through a holistic and restorative approach that emphasizes healing, reconciliation, and the transformation of relationships.
Key points:
5. Ethical breaches: I understand that any perceived breach of the policies contained within the [Company Name] Code of Conduct for [Company Name] Stakeholders [add link] and [Company Name]’s Code of Conduct for Guides [add link] is considered an ethical breach and may be reported through the channels outlined in the GTJPP.
6 Reporting Channels: I am aware of the multiple avenues for reporting suspected ethical breaches, including the Ethics Committee, managers or supervisors, and the Human Resources Department
7 Investigation Procedure: I acknowledge that all reports of ethical breaches will be handled confidentially and investigated thoroughly. Depending on the severity and nature of the breach, the investigation may result in an informal resolution, formal investigation, referral to regulators or legal authorities, or referral to a transformative justice process
8 Transformative Justice Process: I understand that the transformative justice process is a voluntary, restorative approach that aims to address the root causes of harm, promote healing and accountability, and transform the conditions that give rise to conflicts. If I am invited to participate in a transformative justice process, I will give due consideration to engaging in the process in good faith
9 Transformative Consequences and Corrective Action: I acknowledge that ethical breaches may result in consequences affecting my certification and/or employment status or result in other disciplinary actions determined on a case-by-case basis I understand that the primary goals of any disciplinary action are to ensure client safety, prevent further harm, and support accountability, learning, and growth.
By signing below, I affirm my commitment to upholding the principles and protocols of the Grievance and Transformative Justice Policy and Protocol as a [Company Name] community member Signature
Printed Name
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