Procedure diagram

Tuchtrechtbank procedure Step 1: Report The Foundation for Banking Ethics Enforcement receives the report and sends the reporter a receipt. Report Step 2: Weighting Legislation and regulations impose a number of conditions that a report must satisfy before it can be dealt with. This phase and the next one determine whether this is the case. Weighting Step 3a: Report unfounded The report does not satisfy one or more conditions and will not be dealt with. If you are in disagreement with this decision, then it is possible to appeal to the chairman of the Ethics Committee. Report unfounded Step 3b: Report well-founded The report satisfies the necessary conditions and will be dealt with accordingly. From this point, the substantive investigation of the report begins and the certified individual is informed of the investigation. This individual’s employer is also informed. After this investigation, the Foundation for Banking Ethics Enforcement determines whether the Code of Conduct has been violated and whether disciplinary proceedings should be put in motion by the Ethics Committee. If further proceedings are terminated and you are in disagreement, then you can request a review from the chairman of the Ethics Committee. Report well-founded Step 4a: Appeal against report unfounded After the review process, the chairman of the independent Ethics Committee has decided that the report is not admissible. The reporter receives a definitive notification of this. Appeal against report unfounded Step 4b: Appeal against report well-founded After the review process, the chairman of the independent Ethics Committee has decided that the report is still admissible. The report is then still dealt with by the prosecutor (see ‘Report well-founded’). Appeal against report well-founded Step 5: Ethics Committee In this phase the prosecutor has determined that the certified individual has not adhered to the Code of Conduct. The certified individual, the employer and the reporter are informed of this. In some cases, the Foundation for Banking Ethics Enforcement can choose to propose a settlement instead of submitting the complaint to the Ethics Committee. If a settlement proposal is not made, or one is made but is rejected by the certified individual, then disciplinary proceedings will be started by the Ethics Committee. At this point, the Ethics Committee takes on the case. The certified individual is allowed to defend him or herself in a private hearing in the presence of a lawyer. Ethics Committee Step 6: Ethics Committee’s verdict The Ethics Committee releases its verdict. This can result in a reprimand, a fine, a compulsory course/training and/or a temporary professional disqualification of up to 3 years. The committee may also absolve the individual. The reporter will receive notification of this. If the accuser is not in agreement with the verdict, he or she may appeal. The certified individual may also appeal. This leads to a hearing with the Appeals Committee. Ethics Committee’s verdict Step 7: Implementation of the verdict The sanction chosen by the Ethics Committee or the Appeals Committee is imposed. The offender is put on a register that is only visible to the banking sector. Implementation of the verdict