Ethics Disciplinary Procedures for Current Members

The Word of Mouth Marketing Association (WOMMA) holds the firm and resolute belief that every participant in word of mouth marketing has a vested interest in preserving its integrity. WOMMA is committed to developing, communicating and promoting best practices in the ethical conduct of word of mouth marketing throughout the industry.

WOMMA expects its members (and those companies applying for membership) to set an example of high ethical standards for word of mouth marketing. WOMMA members must adhere to the WOMMA Ethics Code of Conduct, WOMMA’s Bylaws, and all other WOMMA policies, rules or regulations.

Disciplinary Process

Infractions of WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations is misconduct for which WOMMA may take appropriate disciplinary action (as described below).
As stated above, WOMMA members are expected to set an example of high ethical standards for word of mouth marketing. Should a WOMMA member engage in activity, either directly or through its agents, consultants or affiliates, that violates WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations such member may be subject to discipline in accordance with this policy.

The following procedures shall govern any disciplinary proceeding conducted to consider alleged violations of WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations. There are presently two options for the disciplinary review proces which are: I) an Anonymous Complaint, and II) a Public Complaint.

To submit a complaint, you have the option to use our online form (click here) to submit either public or anonymous complaints for consideration by the MEAP. Please complete the form in its entirety and submit. The Executive Director and/or the MEAP will respond in a reasonable time period to the submission.

I. Anonymous Complaint - Option 1

Invitations for Review may only be submitted by members in good standing and must be submitted within a reasonable period of time after the occurrence or alleged. Invitations for Review shall be submitted in writing to WOMMA’s Executive Director and must be signed by the complaining party. Neither the complaining party’s company name, nor the name of the primary contact, will be shared publically. Invitations for Review must include: (i) statement of understanding that an invitation for review is not a formal complaint; and (ii) a description of the alleged ethics violation; and (iii) specific reference to the activities or conduct supporting the review invitation.

Upon receipt, the Executive Director shall refer the invitation for review to the Chair of the WOMMA Membership Ethics Advisory Panel (MEAP). In consultation with the Executive Director, the Chair of the MEAP shall determine if the invitation for review warrants additional investigation. If the Chair determines the invitation for review warrants such consideration, he or she shall call a meeting of the MEAP. If the Chair, in consultation with the Executive Director, determines the complaint does not warrant such consideration the matter will be closed. The Executive Director will communicate the decision to the complaining party and to the party who the complaint was submitted against but no specific details will be provided other than that a complaint was filed against the company and that no action was taken.

If the matter is referred to the MEAP, the MEAP shall determine whether the invitation for review warrants a full investigation. If the MEAP determines the invitation for review does not warrant a full investigation, the Chair shall so notify the Executive Director, and the matter will be closed. If the MEAP determines the review requires further investigation, the Chair shall notify the affected member of the review, that an investigation will be conducted, and the member will be advised of the results. The notice shall be sent by overnight, registered or certified mail, return receipt requested, to the affected member at the address listed for the member in WOMMA’s records. The Chair shall further notify the President and Executive Director that further review is in process.

II. Public Complaint - Option II

1. Complaints against members may only be submitted by members in good standing and must be submitted within a reasonable period of time after the occurrence of the alleged act. Complaints shall be submitted in writing to WOMMA’s Executive Director and signed by the complaining party. Complaints must include: (i) an authorization by the complainant(s) to forward the complaint and name of accusing company to the involved member and/or any third parties the MEAP deems relevant; (ii) a description of the alleged violation; and (iii) specific references to the activities or conduct supporting the complaint.

2. Upon receipt, the Executive Director shall refer the complaint to the Chair of the WOMMA Membership Ethics Advisory Panel (MEAP). In consultation with the Executive Director and legal counsel, the Chair of the MEAP shall review the complaint to determine whether to call a meeting of the MEAP to consider the complaint. If the Chair determines that the complaint warrants such consideration, he or she shall call a meeting of the MEAP. If the Chair, in consultation with the Executive Director and legal counsel, determines that the complaint does not warrant such consideration, he or she shall so notify the complaining party and the Executive Director, and the matter will be closed.

3. If the matter is referred to the MEAP, the MEAP shall determine whether the complaint warrants a full investigation. If the MEAP determines that the complaint does not warrant a full investigation, the Chair shall so notify the complaining party and the Executive Director, and the matter shall be closed. If the MEAP determines that the complaint does warrant a full investigation, the Chair shall notify the affected member that a complaint has been filed, that an investigation will be conducted, and that the member shall be advised of the results. The notice shall be sent by overnight, registered, or certified mail, return receipt requested, to the affected member at the address listed for the member in WOMMA’s records. The Chair shall further notify the President and the Executive Director that an investigation is in process.

III. Investigation and Hearing

1. In conducting the investigation, the MEAP may obtain the assistance of WOMMA Staff and consult with WOMMA legal counsel whenever in its judgment such consultation is necessary or appropriate, subject to approval by the Executive Director. In addition, the MEAP may contact the complaining party, the affected party, and other relevant parties to obtain additional information, as necessary.

2. The MEAP may, but need not, conduct a hearing as part of its investigation; provided, however, that no adverse action shall be taken against an affected member without having first afforded the member the opportunity for a hearing before the MEAP.

3. If the MEAP determines that a hearing is not warranted, the Chair shall notify the affected member (by overnight, registered, or certified mail, return receipt requested), the complaining party, the President, and the Executive Director, and the matter shall be closed

4. During the hearing, the affected member shall have full access to the evidence against him or her, and shall have the right to: (i) appear at such hearing in person, with legal counsel if desired; (ii) rebut the information produced by the MEAP; (iii) present witnesses; and (iv) submit pertinent evidence.

5. An affected member who fails to attend a hearing shall be deemed to have waived its right to appear.

6. The MEAP may have legal counsel present at any such hearing to advise on issues of procedure and, under appropriate circumstances, to present the MEAP’s position on a disciplinary matter.

7. A hearing may be postponed, recessed, or reconvened for good cause in the sole discretion of the MEAP.

IV. Recommendation

1.If the MEAP determines that disciplinary action should not be taken, the matter shall be closed.

2. If the MEAP determines, by a two-thirds vote of the entire panel, that the affected member has engaged in activity in violation of WOMMA’s Ethics Code of Conduct, WOMMA’s Bylaws, or any of WOMMA’s policies, rules or regulations, the MEAP shall recommend to the Board of Directors that disciplinary action be taken against the affected member. Such recommendation shall be in writing and shall set forth the MEAP’s findings and recommended disciplinary action.

3. The affected member shall be provided with a copy of the MEAP’s recommendation and shall have the right to have the Board of Directors review the MEAP’s recommendation.

4. The Chair of the MEAP shall notify the following individuals of the MEAP’s recommendation: the affected member (by overnight, registered, or certified mail, return receipt requested), the complaining party, the President, and the Executive Director. Further, the Chair shall notify the affected member of the procedures for requesting a Board of Director’s review.

5. If no written request for review is received by WOMMA within thirty (30) days after the MEAP notifies the member of its recommendation and the member’s right to a review, the decision shall be final and implemented by the Board of Directors.

V. Board of Directors Review

1. If a request for Board of Director’s review is submitted, the Board, in a timely fashion, shall review the findings and recommendations of the MEAP based only on the evidence upon which the recommendation was based.

2. The affected member shall be given at least thirty (30) days’ notice of the time and place of the meeting at which the Board of Directors will consider the request. Such meeting may be held via conference call or other communications equipment by means of which all persons participating in the meeting can communicate with each other. The effected member shall have the right to appear before the Board in person and/or be represented by counsel to present reasons why the MEAP’s recommendation should not be accepted.

3. The Board of Directors may have legal counsel present at any such hearing to advice on issues of procedure and represent WOMMA’s interests in the disciplinary matter.

4 . Upon the conclusion of its review, the Board of Directors shall affirm, overturn, or modify the recommendation of the MEAP. The action of the Board of Directors shall be final.

5. The President shall notify the following individuals of the Board of Director’s decision: the affected member (by overnight, registered, or certified mail, return receipt requested), the complaining party, the Chair of the MEAP, the Executive Director, and others as appropriate.

VI. Forms of Discipline

The MEAP shall consider the following factors in determining appropriate disciplinary action:

* Whether the action was intentional.
* Whether the member appreciates the consequences of the action.
* The severity of the violation.
* Whether the member has existing, appropriate, and applicable policies and procedures.
* Whether the incident was an isolated event resulting from the actions of an individual employee, or an action supported by management.
* If there is a pattern of inappropriate actions or if the incident was a single mistake.
* The cooperation of the member and its commitment to correcting the problem.

The disciplinary measures which may be imposed upon a member may include, but are not limited to, one or more of the following :

Notice of Corrective Action: A notice detailing the violation, including recommended steps to prevent a similar violation(s) in the future. Such notice also shall express appropriate concern and warn of the potential for more severe action if a future violation occurs. A member of the MEAP shall be appointed as a mentor to such member in order to assist them in fully understanding the MEAP’s recommendations.

Public Notice of Corrective Action: A notice of corrective action similar in form to (A) above, which may, but need not, be published in summary form or otherwise by WOMMA. Such letter also shall include recommendations on steps the member should take in order to prevent a similar violation(s) in the future. A member of the MEAP shall be appointed as a mentor to such member in order to assist them in fully understanding the MEAP’s recommendations. The member shall be required to report to its mentor the steps it has taken to implement the MEAP’s recommendations.

Probation: The member shall lose all rights of membership for the period imposed by WOMMA, up to three (3) years. The fact of the member’s suspension may, but need not, be published by WOMMA. The MEAP shall submit to the member recommended measures that can be taken in order to prevent a similar violation(s) from recurring. Reinstatement of a member’s good standing with WOMMA may be accomplished, in certain circumstances, by the member’s compliance with the corrective action identified by the MEAP.

Expulsion. The member shall lose all rights of membership in WOMMA. After a period of five (5) years, the member may reapply for membership. The fact of the member’s expulsion may, but need not, be published by WOMMA.

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