Section 244-RICR-00-00-1.10 - Complaints1.10.1DescriptionA complaint is an allegation that a batterers intervention program may not be in compliance with some portion of the Batterers Intervention Program Comprehensive Standards. Certified batterers programs are required to have policies guiding their response to complaints referred to them. Complaints may also be referred to the Committee Chair and/or Review Subcommittee, either directly by individuals or by programs that have been unable to resolve the issues. The Committee Chair and/or the Review Subcommittee shall make determinations regarding problems that require immediate intervention. Further investigation into a complaint may be appropriate, with a report to the Oversight Committee for informational and/or decision-making purposes.
1.10.2 ProceduresA. The Oversight Committee shall notify all certified batterers intervention programs, domestic violence victims services agencies, the Rhode Island Courts, Adult Probation and Parole, and other appropriate organizations that individuals or agencies having a complaint regarding a certified batterers intervention program may address that complaint directly to the program. In addition, or instead, individuals or agencies may address a complaint directly to the Oversight Committee if it involves a certified batterers intervention program policy, practice, staff conduct, or other program component that is alleged to be in non-compliance with any of the Comprehensive Standards or with other requirements under law. Such complaints may be directed to the Committee Chair for initial review, or to any member of the Oversight Committee or any of its Subcommittees for subsequent referral to the Chair.B. A complaint may be forwarded by a certified program to the Chair, if internal efforts to resolve the matter have been unsuccessful. The Chair shall request an accounting of any and all such efforts.C. The Chair shall request that any complaint be filed in writing, but this shall not be a requirement, in recognition that victims, program staff, clients and members of the public could all have an interest in remaining unidentified. Complainants who elect to remain anonymous, or who do not provide a written account or other substantiation, shall be informed (when feasible) that this could impact determination of probable cause or verification of the complaint circumstances, but that the complaint shall be investigated and acted upon to the extent that it is substantiated.D. If the Chair determines that there is insufficient information or substantiation to find probable cause for a complaint, or that a complaint does not fall within the purview of the Oversight Committee (that is, if it is not directly related to the batterers intervention program standards or to other requirements under law), it shall be recorded, and no further action shall be taken by the Committee. When appropriate, the complaint shall be referred back to the program for action, and/or the complainant may be advised of alternative venues.E. If the Chair determines that there is probable cause to believe that a complaint has foundation, and that it does fall within the purview of the Committee, the Chair may elect to respond to the complaint immediately if safety concerns so indicate, or if resolution appears likely with minor intervention. Such matters shall be recorded, and reported to the Review Subcommittee. At the Chair's discretion, a report may be made to the Oversight Committee.F. If the Chair determines that there is probable cause to believe that a complaint has foundation, and that it does fall within the purview of the Committee, and that further investigation is required and/or that resolution is likely to require substantial intervention, the complaint shall be referred to the Review Subcommittee for further action. Investigation and action may include, but are not limited to, the following, as appropriate: contacting the program; discussing the complaint with the director; reviewing the program's application and supporting documents; interviewing person(s) filing the complaint and others with knowledge of the complaint circumstances; conducting on-site program reviews; and suggesting resolution(s).G. If the matter cannot be resolved through the investigation process or if the investigation is inconclusive, the Chair and/or Review Subcommittee shall prepare and submit a report to the Oversight Committee summarizing the complaint, the standard(s) involved, significant findings, and recommendations on how to proceed. The program shall be notified in advance of the date and time of the Oversight Committee meeting at which the matter will be presented, and shall be offered an opportunity to respond, to rebut, and to present additional information or explanations, as they choose. Other interested individuals shall have the opportunity to participate; except that any member, designee or alternate of the Oversight Committee and its Subcommittees who is affiliated with any other batterers intervention program shall recuse himself or herself from discussion, participation, or vote in the matter of the complaint. Each such individual shall complete a statement of conflict of interest and file it with the Oversight Committee as well as forwarding a copy to the Rhode Island Ethics Commission. The Chair shall moderate the presentations and discussion.H. After reviewing all available evidence and/or statements, the Oversight Committee shall determine what course of action. Dispositions may include, but are not limited to, one of the following: dismiss complaint; take no further action; revoke certification for specified reason(s); suspend certification pending specified program modification(s) within a certain time frame; table decision pending specified program modification(s) within a certain time frame; request additional information; and/or refer the matter back to the Review Committee.I. A log of all complaints shall be maintained by the Chair, including those deemed to fall outside the purview of the Oversight Committee and those complaints resolved by the Chair with minor intervention. The log shall be available for review upon request.244 R.I. Code R. 244-RICR-00-00-1.10
Adopted effective 1/17/2019