ETHICS COMPLAINT AND ARBITRATION

• The ethics complaint or arbitration request will then be sent to the Grievance Committee for review.
• The Grievance Committee may, if deemed appropriate, send a copy of the ethics complaint and/or arbitration request to the respondent for a written response.
• The Grievance Committee, which functions much like a grand jury, will then review the ethics complaint and/or arbitration request (and response, if any).
• If the Grievance Committee refers the ethics complaint or arbitration request for a hearing, the parties will be advised of the referral.  The respondent will be requested to submit a written response if one has not already been filed, and the respondent wishes to do so.
• If the Grievance Committee determines that a hearing is not warranted, the parties will be advised that the matter has been dismissed and notified of the opportunity to appeal the Grievance Committee's dismissal to the Board of Directors.

• During the hearing, the parties have an opportunity to present their positions.  Parties may exercise their rights to bring witnesses and/or attorneys to the hearing.  The standard of proof in an ethics complaint is clear, strong and convincing evidence.  The standard of proof that must be observed to prevail in an arbitration proceeding is a preponderance of the evidence (i.e. that evidence when taken as a whole, is more convincing than the evidence offered in opposition.)
• The Hearing Panel's ethics decision or arbitration awards are transmitted to the parties.  Either party may file an ethics appeal with the President, but the complainant may only appeal on a procedural basis.  The parties involved in an arbitration may appeal only on the basis that there was a procedural irregularity that materially worked to the detriment.
• The Board of Directors, either on an ethics appeal or after the ethics appeal period has expired, renders its final decision, which will in turn be transmitted to the parties.  Arbitration awards are considered final and binding subsequent to the expiration of the procedural review period.

• The Quad City Area REALTOR® Association is part of a Regional Professional Standards Committee in both Illinois and Iowa that can be used if an impartial hearing panel cannot be convened with QCARA members.