Foreword
Listening is one of the most important cornerstone skills
for all of humankind. Listening training can develop one’s listening and voice
so that one has the possibility to link self to self and to others.
The Tomatis Method, developed by
Dr. A. A. Tomatis, is a dynamic system for the development of listening to
self, others, and environment. The Tomatis Method employs materials and
procedures developed by Dr. A. A. Tomatis and any persons or entities approved
by Tomatis Développement SA (TDSA) to provide any Registered Certified Tomatis
Consultant Professional Training in the process. TDSA is the proprietary owner
of the registered trademarked name and logo. TDSA and its subsidiaries and
representatives in different countries provide professional training and
certification programs for interested professionals who want to use the Tomatis
Method.
Registered Certified Tomatis Consultants (and the other
names used in different countries, such as Solisten in the US) are dedicated to
the enhancement of lifelong human development through listening improvement and
enhancement. Registered Certified Tomatis Consultants recognize diversity
throughout the many societies in the world and embrace development of human
potential for each unique individual.
The specification of Ethical Principles enables Registered
Certified Tomatis Consultants to clarify to current and future Consultants,
their clients, and the world at large the ethical responsibilities held in
common. Through this document, the associated body of Registered Certified
Tomatis Consultants establishes principles that define ethical behaviors and
binds the individual members together to a higher purpose. Individual adherence
to the Standards of Practice and Ethical Principles impacts on all members of
this profession. All Registered Certified Tomatis Consultants are required to
adhere to the Standards of Practice and Ethical Principles.
1. Introduction to the Tomatis
Method
Beginning in the 1940’s, French ear nose throat specialist
Dr. Alfred A. A. Tomatis began to investigate how the ear and voice are
related. He began to expand our understanding of the effect of sound vibration
on human life.
As a physician, A. A. Tomatis began his research when he was
examining ammunition factory workers to determine the extent of their hearing
losses. He observed a particular pattern of consistent deficiencies in the high
frequencies among the group. At the same time, he worked with opera singers who
could no longer produce certain quality of sounds with their voices. When
medical treatments failed to provide an effective solution for the singers’
deficient voices, A. A. Tomatis gave them hearing tests and observed
deficiencies in their hearing similar to those of the factory workers. He
further observed that the sounds missing from the singers' hearing were the
same sounds missing from their voices.
A. A. Tomatis hypothesized that the voice could only produce
an emission of what the ear could hear. To prove this hypothesis, which became
the basis of the Tomatis Effect, he experimented and described what he
observed. A. A. Tomatis had a person emit a vowel that the person subsequently
heard only by earphones after the harmonics of the sound were manipulated by
filters. A. A. Tomatis observed that the harmonics of the person’s voice
emission changed immediately and unconsciously according to the manipulated
acoustic response in the earphones. The results of this experiment proved the
hypothesis. The results also led to another observation and the formation of
the first and second laws of Tomatis, shown below.
When Tomatis asked whether the observed effect could be the
basis of a permanent new conditioning of the ear’s abilities, he conducted
adaptive experiments and noticed desired permanent gains with the research
subjects. The adaptive experiments led to the third law, which refers only to
an anatomically and physiologically undamaged ear.
The three laws were independently confirmed by the Sorbonne
University in Paris, France in 1957 by the Academies of Medicine and Science.
Law 1: The voice only contains the harmonics that the ear
can hear.
Law 2: If you give the possibility to the ear to correctly
hear the distorted frequencies of sound that are not well heard, these are
immediately and unconsciously restored into the voice.
Law 3: The imposed audition sufficiently maintained over
time results in permanently modifying the audition and phonation.
A. A. Tomatis was the first to develop a sophisticated
process with patented technology as its base to develop one’s audition and
phonation. He observed that such conditioned subjects changed from one way of
passive listening to another way of conscious active listening. Tomatis
distinguished between hearing and listening and the presence of a consciousness
that differs between the two. He noticed that subjects who developed their
listening also developed their language, learning, socialization,
communication, musical abilities, motor skills, creativity, and personal
growth. He created the discipline of Audio-Psycho-Phonology, linking changes in
one’s uses of the ears and their connections to the brain and body to changes
in one’s voice and one’s interactions with self, others, and environment. Dr.
A. A. Tomatis expanded our awareness of the ear’s role throughout life,
beginning with his pioneering research findings that listening begins with the
fetus before birth.
The Tomatis Method includes
multiple proprietary components of equipment and materials: the Electronic Ear
(EE) or Educational Listening Trainer (ELT), special earphones for bone and air
conduction, Listening Test Machine for giving a Listening Test, enhanced
proprietary recordings (music tapes/CDs, including Mozart, Gregorian Chant, and
a variety of active voice tapes), and program protocols for machine settings
and audio recordings to use with different types of applications with
individual users.
The most essential part of the
Tomatis Method is the EE or ELT. These devices are connected to a good quality
CD or tape player or other media that allows high frequencies up to at least
20,000 Hz to be heard. The EE and ELT can filter recordings of music and voice,
and the sound travels through two channels, with different settings. A gating
mechanism alternates the sound between the channels when it reaches a specific
intensity. Through a microphone connected to the EE or ELT, one’s ear can
receive good quality audio-vocal feedback of one's voice.
The EE and ELT are designed to
educate the ear to its full functioning, generally as a cerebral stimulator and
specifically as a discriminator and a balance mechanism. The right ear is
trained to be the leading or dominant ear to make for the most efficient
processing of speech directly by the speech centers in the left hemisphere of
the brain. The Tomatis Method continues to evolve as technology changes and
research expands the field.
The Tomatis Method expanded worldwide throughout the second
half of the 20th century and led to the emergence of a new
professional field of Sound Training. The field continues to expand from the
original conceptions of Tomatis. Some other methods and materials have been
developed, most of them claiming to be like Tomatis and describing pertinent
parts of his technique and research to validate their own method. This Code of
Ethics and Standards of Practice is only applicable to those who have undergone
the extensive professional training and completed the certification process through
an authorized Tomatis Développement (previously through Tomatis International)
trainer. A list of these is attached, along with information on the
International Association of Registered Certified Tomatis Consultants and any
associated National Associations of Registered Certified Tomatis Consultants.
Registered Certified Tomatis Consultants from many
backgrounds work with different applications of The Tomatis Method and make
claims of many types. As the field expands and as the Standards of Practice and
Ethical Principles for Registered Certified Tomatis Consultants are accepted
worldwide, claims will be documented with research ranging from single subject
studies to double blind protocols. Registered Certified Tomatis Consultants are
limited to those claims that can be made within the regulations of their
country and the published research. Registered Certified Tomatis Consultants
are developing research protocols and reporting methods in alignment with
professional standards for practicing the work.
2. The Tomatis Methodology
The Tomatis Method begins with
an Initial Assessment to identify listening strengths and weaknesses. The
assessment, which includes completion of a battery of tests, a detailed
history, observation, and consultation, typically requires one to three hours
to complete. A trained professional works with the adult or family of a child
to define appropriate goals and objectives and to determine the most
appropriate length and type of listening training program for an individual’s specific
needs. If an individual is unable or unwilling to complete the test battery, a
decision about the appropriateness of using the Tomatis listening training is
made by the Consultant following observation of the individual, a review of his
or her personal history, and a consultation with the parents or guardians.
Individuals typically listen
from one to three hours daily to music and voice processed through the EE or
ELT in order to achieve specific goals. The listening training program may have
both passive and active phases provided over several periods. One goal of the
passive phase of listening is to change the listening patterns to be more
effective. Activities during this phase encourage experimentation with new
activities and creativity. While listening, individuals are encouraged to
participate in creative activities such as drawing or painting, putting puzzles
together, playing games, and conversing, or to simply relax. Many of the
activities help to integrate reflex and tactile sensory systems.
During the active phase, the individual speaks into a
microphone as his or her voice is played back to his/her own ear through the EE
or ELT. The individual may sing, hum, repeat words, phrases and chants, and
read aloud with music. The conditioning of one's ear to one's voice heard with
a good quality through the EE or ELT is included in many programs of sufficient
duration and when appropriate for the goals of an individual’s program. The
active work can progress from basic sounds and speech for some children with
developmental and learning disabilities to the highly effective, self-monitored
oral activities of professional speakers, singers, actors, musicians,
salespeople, teachers, and others who routinely depend on their voice to earn a
living. At all times, the sound presented to the listener’s ear is in a normal
and safe range of intensity. Individual volume controls are provided for each
listener.
Individual
and group Tomatis Method programs are developed for individuals, schools,
companies, and other organizations to meet their particular application,
schedule, and resource needs. Variations in Tomatis Method programs can exist
that accomplish similar goals.
A minimal program typically occurs within two
or three periods covering at least 60 to 90 hours. Three to six week breaks for
integration of changes typically separate the first two to three periods.
The Tomatis Method basically
trains or conditions the ear until the individual is capable of retaining the
benefits without continuous ongoing training. The EE or ELT does not become a
replacement for one's own good listening; instead, it becomes the mechanism for
the education, or re-education, of one's ears to develop effective listening
for the length of program completed.
The Consultant provides
consultations throughout the program, teaching effective listening and voice
activities and other appropriate activities and processes in order to achieve
the goals of the individual and to implement them in daily life. Meetings with
families provide effective strategies for individual support within the group
and consistent structure for children so they can develop their abilities.
3. Assumptions Underlying the
Tomatis Method
The Tomatis Method is based on a
number of assumptions about how people develop, process information,
communicate, and learn, including the following:
3.
Improved listening and attention to verbal language are prerequisites
for other developmental skills, such as cognition, communication, socialization,
and adaptive development.
4.
Improved listening and organization of communicative responses decrease
frustration, tantrums, and other maladaptive behaviors.
5.
Improved listening and attention to verbal language are directly
related to the ability to participate fully in family, community, and
educational activities.
6.
The Tomatis Method is effective for stimulating the development of
listening and related communication skills for all ages. The ear sends a
constant stream of sensory auditory/vestibular signals to stimulate the brain
throughout life.
7.
For developmental delays of a child, it is always helpful to provide
the earliest appropriate intervention so as not to continue to lengthen the gap
between normal and delayed performance.
8. The Tomatis Method can
positively impact the human nervous system and effect many cognitive building
blocks and behaviors.
9.
The vestibular and cochlear integrators of the ear are two of the most
important sensory integration systems humans have and must work well for human
potential to be developed.
4. Abilities Addressed Through
Tomatis Listening Training Program
The abilities developed through
Tomatis Listening Training Programs and evaluated with the Tomatis assessment
battery are based on Tomatis' views that the human ear has at least the
following functional capabilities, which can be altered at any age:
·
Ability to
listen within normal listening threshold range.
·
Ability to
process information similarly with both ears.
·
Ability to
identify the source of direction where sounds originate.
·
Ability to
select/distinguish tonal differences and the direction of the differences
between sounds.
·
Ability to
attend consistently to incoming sounds without getting distracted by one's own
thoughts.
·
Ability to
process information so that highly energizing consonant and overtone sounds are
gradually more easily perceived than lower frequency sounds.
·
Ability to
control speech fluency with right ear dominance.
·
Ability in
spatial/temporal orientation and movement control.
5. Application Fields
Registered Certified Tomatis Consultants (Appendix B) are
certified following a defined process of professional training, practical work,
internship, and testing for one of more of the following fields:
·
Enhancement of
neuro-developmental maturation (speech, language, motor skills)
·
Motor
competencies (sports, dance, movement)
·
Communication
skills (language-based, social, and business applications)
·
School
learning skills and abilities
·
Attention and
the organization of behavior
·
Social
relationships and self-esteem
·
Foreign
language learning
·
Musical
abilities to sing and play an instrument
·
Relaxation
·
Self
development, evolution of the self
·
Accompaniment
for neurological rehabilitation (head injuries, strokes, etc.)
6. Scope of Practice
The
Tomatis Method responds to the needs of individual clients using assessment,
technology, proprietary materials and protocols, and consultation. This
listening training program expands one's development of human potential by
improving how one listens.
7. Purposes of the Standards of
Practice
The
purposes of the Tomatis Method Standards of Practice are as follows:
7.1.
To ensure that a professional quality of service is provided and that the
public is educated and protected by providing a guide to understanding the
knowledge, skills, and attitudes practiced by Registered Certified Tomatis
Consultants.
7.2.
To support and preserve the basic rights of the client and of Registered
Certified Tomatis Consultants.
7.3.
To maintain and provide a common base for and interpretation of the
professional practice of the Tomatis Method.
7.4. To enhance the unity of the Tomatis Method
profession.
7.5. To confirm the authenticity of the scientific
origin of the Tomatis Method and its comprehensive neural-physiological basis
as the source of this work.
7.6.
To provide direction to Registered Certified Tomatis Consultants for conducting
research.
7.7.
To describe the certification and provide for certification maintenance for
Registered Certified Tomatis Consultants.
8. Purpose of the Ethical
Principles
The
Ethical Principles are intended to obligate Registered Certified Tomatis
Consultants to high moral conduct and to inform the public about the values
associated with The Tomatis Method. Acceptance of these values serves to
protect the public and to describe the boundaries of acceptable professional
practices for Registered Certified Tomatis Consultants.
9. Standards of Practice (in italics) and Ethical Principles
Registered Certified Tomatis
Consultants are accountable to themselves, their clients, and their colleagues
for ensuring that their conduct adheres to the highest standards of
professional practices in the helping professions.
9.1. Responsibility to Clients
Registered Certified Tomatis
Consultants recognize that their primary responsibility is to their clients,
and that they practice only within the limits of their competence. They
establish and maintain boundaries in their relationships with clients in a
manner that supports clients' development and well-being. Contact with clients
is professionally appropriate, clearly defined, and with informed consent.
Clients' rights to dignity, emotional and physical safety, and confidentiality
are the guiding principles for the professional decisions and actions of the
Registered Certified Tomatis Consultant. The client is supported in the
development of listening, speaking, voice, thinking, motor movement,
self-expression, musical expression, language development. Registered Certified
Tomatis Consultants agree to participate in and abide by the Ethical Principles
Complaints Procedures (Appendix A) and decisions of the International
Association of Registered Certified Tomatis Consultants Board of Directors of
IARCTC.
9.1.1.
Registered Certified Tomatis Consultants serve their clients with maximum
application of their professional skills and competence using proprietary
equipment of high quality.
9.1.2.
Registered Certified Tomatis Consultants recognize and support their clients'
informed self-determination. They see their role as facilitators in their
clients' education and growth. The listening training program enhances the
quality of perception and is an individual and subjective developmental process
that can be stopped or interrupted at any time.
9.1.3.
Registered Certified Tomatis Consultants maintain appropriate boundaries with
clients. Registered Certified Tomatis Consultants seek to avoid dual
relationships with clients, which occur when Registered Certified Tomatis
Consultants interact with a client in more than one role. In instances when
dual relationships are unavoidable, Registered Certified Tomatis Consultants
protect clients from exploitation and are responsible for setting clear,
appropriate, and sensitive boundaries. If they enter into dual relationships
with former clients, they carry the burden of responsibility to demonstrate
that there is and has been no exploitation.
9.1.4.
Registered Certified Tomatis Consultants do not misuse relationships with clients
for personal advantage or gain. Registered Certified Tomatis Consultants are
encouraged not to barter Tomatis sessions in exchange for goods and/or services
of others. Bartering places Registered Certified Tomatis Consultants into a
dual relationship with the client and subject to the responsibilities of this
condition (see 9.1.3 above).
9.1.5.
Registered Certified Tomatis Consultants are prohibited from engaging in sexual
intimacies with current clients and/or individuals under their current supervision,
and persons who have been clients within the past two
years. Registered Certified Tomatis
Consultants are discouraged from accepting as clients persons with whom they
have engaged in sexual intimacies.
9.1.6.
Registered Certified Tomatis Consultants are skilled in using a continuum of
programs ranging from basic to complex. Registered Certified Tomatis
Consultants inform their clients that the client may request that a program be
suspended or a consultation session stopped for any reason at any time. The
Registered Certified Tomatis Consultant will tell their clients that if at any
time they believe it is in the best interest of the client to stop the program,
they will stop it.
9.1.7.
Registered Certified Tomatis Consultants provide clients with accurate and
complete information regarding the extent and nature of the service they will
provide, such as session length, fees, and cancellation policies. Registered
Certified Tomatis Consultants provide an "Informed Consent for the Tomatis
Method Sessions" (Appendix D) to the client when appropriate.
9.1.8.
Registered Certified Tomatis Consultants respect the privacy of clients and
hold in confidence all information obtained in the course of professional
services. They advise their clients at the start of their work together of
exceptions to privileges of confidentiality and any legal or professional
mandate to report abuse or threat of danger.
9.1.9.
In the event that release of information about a client is requested by a third
party, Registered Certified Tomatis Consultants, at the minimum, discuss this
request with their client and have the client sign a written Consent for
Release of Information prior to any release of information.
9.1.10.
During the course of working with a client, Registered Certified Tomatis
Consultants seek consultation with supervisors and knowledgeable professionals
when such consultation is needed. When consulting with these supervisors or
professionals, Registered Certified Tomatis Consultants (a) do not share
confidential information that could reasonably lead to the identification of
the client and (b) share information only to the extent necessary to achieve
the intent of the consultation.
9.1.11.
Registered Certified Tomatis Consultants seek to educate themselves or refer
clients to other professionals when a client 's work involves issues for which
an individual Consultant has insufficient experience or training.
9.1.12.
Registered Certified Tomatis Consultants obtain written permission from clients
prior to observation by any other person or by electronic taping, recording, or
filming procedures, unless done as part of security purposes or staff
monitoring purposes.
9.1.13.
Registered Certified Tomatis Consultants maintain appropriate confidentiality
in creating, storing, accessing, transferring, and disposing of client records.
9.1.14.
Registered Certified Tomatis Consultants do not solicit testimonials from
current clients before completing their minimal program.
9.1.15.
Registered Certified Tomatis Consultants do not provide remuneration in any
form to clients for client referral.
9.1.16.
Registered Certified Tomatis Consultants discuss with their clients ending
their services when, in their professional judgment, such services no longer
serve their clients' needs. Registered Certified Tomatis Consultants provide
appropriate and adequate time for completion and closure, recognizing that the
ending of services is a distinct phase of their work together.
9.1.17.
Registered Certified Tomatis Consultants, who anticipate interruption or ending
of their services to clients, notify clients promptly. They assist clients by
appropriate referrals or transfers to other professionals who are best suited
to the clients' situations.
9.1.18.
Registered Certified Tomatis Consultants are responsible for distinguishing the
components and services of the Tomatis Method from other services they may also
provide to clients from their certification and licensing in other methods.
9.1.19.
Registered Certified Tomatis Consultants must be thoroughly familiar with their
professional Standards of Practice and Ethical Principles and seek advice on
ethical behavior whenever necessary. Lack of awareness or misunderstanding is
not in itself a defense to a charge of unethical conduct.
9.1.20.
Registered Certified Tomatis Consultants have the responsibility to inform
clients of the availability of these Standards of Practice and Ethical
Principles.
9.2. Responsibility to Colleagues
Registered Certified Tomatis
Consultants are responsible for dealing respectfully with professional
colleagues. If unprofessional behavior of a colleague comes to their attention,
they follow the procedures articulated in the Ethical Principles Complaints
Procedures. They encourage public awareness and trust of The Tomatis Method and
its standards in their professional practice and by their personal example.
9.2.1.
Registered Certified Tomatis Consultants do not defame colleagues or their
professional reputations.
9.2.2.
In deciding whether to offer or provide Tomatis Method services to those
already receiving professional services elsewhere, Registered Certified Tomatis
Consultants carefully consider the potential client's welfare and the context
of the presenting issues. The Consultant discusses these issues with the client
and, when appropriate, consults with the other service providers, after
obtaining from the client an appropriate Consent for Release of Information.
9.2.3.
A Registered Certified Tomatis Consultant who observes or learns of the
unprofessional behavior of another Consultant or who has a disagreement with or
complaint about another Consultant, when appropriate, speaks about his/her
concern directly to the Consultant involved. If the matter is not resolved,
consultation with a supervisor or peer is recommended. If the matter remains
unresolved, the Consultant who learns of unprofessional behavior has a duty to
follow the Ethical Principles Complaints Procedures outlined in Appendix A,
including informing the IARCTC Chair of the Board of Ethics of the behavior in
question.
9.2.4.
Registered Certified Tomatis Consultants respect the professional relationship
of Tomatis Consultants’ colleagues with their clients. They do not solicit
other Consultants’ clients.
9.2.5.
Registered Certified Tomatis Consultants do not accept or offer payments for
referrals.
9.2.6.
Registered Certified Tomatis Consultants refrain from sexual relationships with
former supervisees for a period of at least one year following the end of the
supervisory relationship. The Registered Certified Tomatis Consultant who
engages in such activity with a former supervisee after the one year interval
following the end of supervision bears the burden of demonstrating that there
is and has been no exploitation.
9.3. Responsibility to the
Profession
Registered Certified Tomatis
Consultants conduct themselves in a manner that reflects honorably on their
profession. They respect all their obligations of their professional contracts
related to the use of the Tomatis Method. They take responsibility for seeking
and pursuing opportunities for their professional development. They insure that
they are informed about government regulations that relate to the practice of
The Tomatis Method. In the event of an investigation of a complaint, Registered
Certified Tomatis Consultants follow the protocol for grievance procedures,
keeping foremost the best interests and protection of their clients, and seek
professional and legal advice where appropriate before taking any action
9.3.1.
Registered Certified Tomatis Consultants uphold and advance the values, ethics,
knowledge, and mission of their profession.
9.3.2.
Registered Certified Tomatis Consultants maintain their membership in the
International Association of the Registered Certified Tomatis Consultants. The opportunity
for this membership is authorized initially through a contract with Tomatis
Développement, or its assignee, that certifies successful completion of the
Registered Certified Tomatis Consultant Professional Training.
9.3.3.
Registered Certified Tomatis Consultants maintain confidentiality of the
proprietary and confidential information comprising and related to the Tomatis
Method, to the business of the IARCTC, to the business of Tomatis Développement
SA, and to the business of Registered Certified Tomatis Consultants.
9.3.4.
Registered Certified Tomatis Consultants seek collegial opportunities for
interaction and support. They seek interdisciplinary exchange with members of
like-minded and complementary professions.
9.3.5.
Registered Certified Tomatis Consultants take responsibility for developing and
fully utilizing their knowledge of The Tomatis Method and fully develop and
utilize their personal style for its use in their professional practice. They
are encouraged to share their knowledge with the professional community and to
participate in increasing the available body of knowledge.
9.3.6.
Registered Certified Tomatis Consultants maintain adequate and appropriate
liability insurance.
9.3.7.
Registered Certified Tomatis Consultants do not engage in exploitative
relationships with individuals over whom they have supervisory, evaluative, or
instructional control or authority.
9.3.8.
Registered Certified Tomatis Consultants claim or imply only professional
credentials possessed and correct any known misrepresentations of their
credentials by others.
9.3.9.
Registered Certified Tomatis Consultants shall immediately notify the Chair of
the Board of Directors of IARCTC and TDSA or its assignee of (a) any complaint
filed against them to any professional regulating board or (b) any loss of
professional liability insurance.
9.4. Responsibility to the
Broader Society
Registered Certified Tomatis
Consultants take responsibility for representing their profession to the public
and distinguishing it from other professions. They accurately describe their
education, training, and experience relevant to their work with The Tomatis
Method.
9.4.1.
When Registered Certified Tomatis Consultants present and advertise themselves
in print and/or other media, they convey accurate information to the public
about their professional services and credentials. Such information includes at
least one of the following as space permits: Tomatis Method Certification(s);
The Tomatis Method logo and name, used in accordance with guidelines
established by TDSA.
9.4.2.
Registered Certified Tomatis Consultants do not use the trademarks and
copyright materials belonging to TDSA or its assignee without its permission.
9.4.3.
Registered Certified Tomatis Consultants advance the awareness and trust of the
public in the Tomatis Method and its professional Standards of Practice by
their personal example.
9.4.4.
Registered Certified Tomatis Consultants are encouraged to contribute some of
their professional services to the broader society with little or no financial
gain or personal advantage.
9.4.5.
Registered Certified Tomatis Consultants promote the general welfare of society
by unbiased, respectful, and sensitive conduct in the practice of the Tomatis
Method and adherence to the Ethical Principles.
9.4.6.
Registered Certified Tomatis Consultants are non-discriminatory regarding race,
gender, religion, politics, national origin, or sexual orientation in providing
professional services.
9.5. Responsibility to Research
Subjects
Registered Certified Tomatis
Consultants conducting research respect the individuality and safeguard the
welfare of research participants and follow professional research standards and
state and federal and other governmental laws that govern the conduct of
research.
9.5.1.
Researchers respect participants' freedom to decline participation in or to
withdraw from a research study at any time. Investigators or other members of
the research team, who are in positions of authority or influence over
participants, must insure this freedom of choice. Researchers avoid dual
relationships with research participants, which could impair professional
judgment or increase the risk of exploitation.
9.5.2.
All information obtained about a research participant during the course of an
investigation is confidential unless there is a specific waiver obtained in
writing.
9.5.3.
Ethical implications must be considered in planning acceptable research
studies. If there is any possibility that research participants may be
compromised by participation in research, investigators seek the ethical advice
of qualified professionals not directly involved in the research and observe
safeguards to protect the rights of research participants.
9.5.4.
All research participants must affirm their consent to participate in the
research study by signing a research consent form, which fully informs them of
all aspects of the research that might reasonably be expected to influence
willingness to participate. If the participant is a minor or has an official
guardian, the legally responsible party should approve participation by signing
the research consent form to participate.
10. Noncompliance with the
Standards of Practice and Ethical Principles
Noncompliance
with the Standards of Practice and Ethical Principles is the basis for the
following:
·
Registration
of complaints against a Registered Certified Tomatis Consultant with the Board
of Ethics of IARCTC,
·
Recommendation
of discipline by IARCTC Board of Directors,
·
Revocation of
a Registered Certified Tomatis Consultant’s Certification by TDSA or its
assignee, or an entity to which it or its assignee has delegated the power of
de-certification.
11. Certification and
Registration
Categories
of certification have been established by TDSA (or its assignee), as the sole
owner of the proprietary information, registered trademarks, logo, and
copyrighted materials related to the Tomatis Method, including those used in
the Registered Certified Tomatis Consultant Professional Training. Categories
of Certification may be changed by TDSA or its assignee, or an entity to which
it or its assignee has delegated such authority.
Registration
numbers will be given to Certified Tomatis Consultants when they become members
of the IARCTC. For the Founding Members, the Registration Number will be given
in the sequential order of the date of completion of original Tomatis
Professional Training. For members who register after November 11, 2001, the next
sequential number will be given. The numbers are given as follows
xxx-yyy-000000.
XXX is the country code. YYY is the year. 000000 is the sequential number in
order of completion of certification.
11.1. Supplemental Education
Registered
Certified Tomatis Consultants voluntarily seek opportunities for advancement
through participation in the community of Registered Certified Tomatis
Consultants, Supplemental Education, Continuing Education or Advanced Tomatis
Method Training.
11.2. Maintenance of Certification
11.2.1.
Registered Certified Tomatis Consultants are required to engage in ongoing
supervision and/or Tomatis related professional training and in Continuing
Education in order to maintain certification.
11.2.2.
Registered Certified Tomatis Consultants are responsible for maintaining
personal records of supervision and/or Tomatis related professional training
and in Continuing Education, for presentation to the Board of Directors of
IARCTC as necessary.
11.3. Board of Directors of
International Association of Registered Certified Tomatis Consultants (IARCTC)
This
Board of Directors of IARCTC is authorized to and responsible for coordinating
and supporting the body of Registered Certified Tomatis Consultants in at least
the following areas:
·
Ethics
·
Professional
Standards Practice
·
Internet
Database
·
Conferences
·
Public
Education
The
IARCTC will assume any responsibilities assigned to it by Tomatis Développement
SA or its assignee, including collecting membership fees and other funds
necessary to fulfill its responsibilities.
12. Process for Amendment
This
document will be reviewed and updated by the Board of Directors of IARCTC. (See
Appendix C.)
GLOSSARY
Audio-Psycho-Phonology – a discipline relating changes in the ear and
voice and psyche with the use of the Tomatis Method
Certification - the certificate awarded after completing a RCTC Professional
Training from a licensed Tomatis Développement Training Center
Registered Certified Tomatis Consultant Professional Training - a multi-course training
program with an internship and certification test taught by Tomatis
Développement and its assignee representatives worldwide
Client
- a person who receives the services of a Tomatis Consultant
Competence - the ability to integrate the professional attributes
required to perform in a given role, situation and practice setting.
Professional attributes include but are not limited to knowledge, skill,
judgment, attitude, values, and beliefs.
Complainant - a person who lodges a complaint
RCTC
- Registered Certified Tomatis Consultant
Dual
Relationship - interaction with a
client in more than one role.
EE - Electronic Ear
ELT
- Portable Listening Trainer – a portable educational version of the Electronic
Ear
IARCTC
- International Association of Registered Certified Tomatis Consultants
Investigator - a professional person who has been designated by the Board of Ethics
to investigate a complaint about a Registered Certified Tomatis Consultant
Listening Trainer - a degreed person (BA/BS) who completes a defined level of training
below the level of Registered Certified Tomatis Consultant
Membership fee - the annual charge in Euros paid by each Registered Certified Tomatis
Consultant to be a member of the IARCTC
Respondent - the person against whom a complaint has been lodged
SOP Standards of Practice and Ethical Principles
Sound Training - A field of professional practice which began with the Tomatis Method
and utilizes specific technology or materials that provide sound stimulation
with the intent to develop desired changes
Standard - an authoritative statement that sets out the legal and
professional basis of a professional practice.
TDSA
- Tomatis Développement SA - owner of the proprietary methods, trademarks, and
logo of the Tomatis Method
Tomatis Listening Training Program - an individual program designed by RCTC
using Tomatis Method proprietary protocols, materials, and technology to
achieve desired goals of a client
Tomatis Method - a comprehensive proprietary method of sound listening training
program initially developed by Dr. A. A. Tomatis using patented equipment
(Electronic Ear), protocols, materials, and technology
APPENDIX A
ETHICAL
PRINCIPLES COMPLAINTS PROCEDURES
INTERNATIONAL
ASSOCIATION OF REGISTERED CERTIFIED TOMATIS CONSULTANTS (IARCTC)
A
violation of the IARCTC Standards of Practice and Ethical Principles
constitutes the basis for filing a complaint against a Registered Certified
Tomatis Consultant or trainee in the Certified Tomatis Consultant Professional
Training. At first a complainant or other RCTC who observes the violation may
decide, if appropriate, to contact the Respondent directly. If no resolution is
made and the violation was observed by another RCTC, the observant RCTC may
next contact a supervisor or peer to consider possible resolutions. If no
resolution occurs, the observant RCTC or Complainant may contact the IARCTC
Chair of the Board of Ethics through www.tomatis-group.com or other means. The Chair will respond in accordance with
the procedures in this appendix, which may be updated or changed by the
procedures defined herein. If the complaint is against a trainee in the
Registered Certified Tomatis Consultant Professional Training, the Chair will
contact the company conducting the training or Tomatis Développement in
Luxembourg at 352-26-27-20-20 or both, as appropriate.
This
complaint process is solely a peer review process and is not a civil proceeding.
If this process is not of assistance, resolution through legal action may be
pursued. Documents, media, and correspondence from a Complainant are not
protected by laws of confidentiality if legal action is pursued.
1. Preliminary Informal Steps
When
a charge has been made to the Chair or the Board of Ethics, the Chair 1)
informs the representative of the country in which the Respondent works of the
complaint, 2) informs the Respondent, and 3) designates an Investigator to
represent the Board of Ethics. The Investigator conducts a consultation with
the Complainant to explore the possibilities of either resolving the complaint,
arranging for mediation between the Complainant and Respondent, or filing a
formal complaint.
2. Formal Complaint
An
information packet containing a Formal Ethical Complaint Form (Appendix E) and
a copy of the IARCTC Standards of Practice and Ethical Principles is available
to all IARCTC members and to any Complainants by contacting IARCTC. A completed
Formal Ethical Complaint Form will be sent to the Chair of the Board of Ethics,
whose address is available above
For
each complaint, the Board of Ethics follows its protocols and makes
recommendations to the Board of Directors of IARCTC. This Board of Directors
then decides on action to be taken and notifies the involved parties according
to IARCTC protocols for communication.
3. Pool of Investigators for
Board of Ethics
Upon
receipt of complaints of violations of the Standards of Practice and Ethical
Principles, the Chair of the Board of Ethics, selects an investigator to
conduct an initial exploration with the Complainant.
The
Investigator will be selected from a pool of Registered Certified Tomatis
Consultants who have received training that includes, but is not limited to,
interviewing skills, impartiality, the Registered Certified Tomatis Consultants
Standards of Practice and Ethical Principles (including its appendices), major
ethical issues, and precedents for the Ethical Complaints Process. The
Investigator will select a support group of two other consultants from the same
pool. Only the Investigator who pursued the initial exploration with the
Complainant, the Chair of the Board of Ethics, and the country representative
will know the identity of the Respondent and Complainant. The Investigator may
share content and process information about the investigation with the support
group, but may not share identifying information.
Those
assigned to the case must be impartial to both the Complainant and the
Respondent; therefore care will be taken in the selection of the Investigator
and support group members to avoid dual relationships. When appropriate and
when possible, the Investigator and some members of the support group will have
similar professional areas of expertise as the Respondent.
4. Inquiry Process of Fact
Finding
The
Investigator will promptly notify both the Complainant and the Respondent of
receipt of the complaint and of procedures for the investigation and
consideration of the complaint.
The
Investigator will gather information from the Complainant, the Respondent, any
witnesses, and other necessary records.
During
the investigation, if any procedural discussions, questions, or consultations
are necessary, the Investigator may consult with the support group consultants.
No information identifying the Respondent or Complainant may be shared in these
consultations.
The
Investigator will send a written report of the findings, including facts and
statements by both parties to all members of the Board of Ethics. This report
will not include information that will reveal the identities of the Complainant
or Respondent. This report will be completed in a timely manner, preferably
within four weeks. Details of the case will be available as needed only to the
Respondent, the Complainant, and to members of the Board of Ethics.
5. Board of Ethics Deliberation
The
Board of Ethics will meet to review the Investigator's report. The Investigator
will be available to provide testimony or additional information, if needed, to
the Board. The Investigator will not have spoken to other members of Board of
Ethics about the investigation until the report of the Board of Ethics is
filed. The Investigator will not have a vote in the decision of the Board of
Ethics. The Board of Ethics will decide whether to recommend to the IARCTC Board
of Directors to dismiss the complaint, to hold a formal hearing of the
complaint, or to accept the Investigator's report in cases where the Respondent
has acknowledged behavior that violates the Standards of Practice and Ethical
Principles.
6. Formal Hearing by IARCTC Board
of Directors
The
Board of Directors will meet by phone or in person to consider the report and
recommendation of the Board of Ethics as well as the Investigator's written
report. Both written reports may include statements from Complainant,
Respondent, and possibly other witnesses. The Respondent may call for a formal
hearing of the full membership of the Board of Directors in person only if his
or her right to practice is at risk. The Complainant and Respondent have the
option of attending this hearing in person and requesting any witnesses to
attend in person. They do not have the option of having another person attend
in their place.
7. Deliberation and Decision by
IARCTC Board of Directors, Following the Formal Hearing
Following
the formal hearing to consider all evidence, the Board of Directors will meet
in closed session for final deliberation. The Investigator will not have a vote
in the decision of IARCTC. If the Board of Directors substantiates the
complaint, they will impose appropriate sanctions for the Respondent. If the
Board of Directors does not substantiate the complaint, they will recommend
dismissal of the complaint. A unanimous decision of the Board of Directors
members present at the hearing is required for substantiation.
Possible
decisions of the Board of Directors may include, but are not limited to the
following:
·
Dismissal of
the complaint;
·
Apology to
and/or appropriate action toward the Complainant;
·
Clinical
supervision, or rehabilitative counseling, with update reports and future
review;
·
Recommendation
of suspension of Professional Association membership for a specified time;
·
Recommendation
of revocation of Professional Association membership;
·
Recommendation
to Tomatis Développement or its authorized representative in the country for
de-certification of the Respondent.
The
Board of Ethics¹s process and the Board of Directors’ process from receipt of
the Investigator's report until rendering of the final decision will be
completed in a timely manner, preferably within six weeks from the date of
receipt of the complaint.
8. Final Action by the
Board of Directors
In
cases where the complaint is substantiated, a written report of the Board of
Directors’ decision will be sent to the professional entities with
representation on the Board of Directors.
The
written report will consist of a statement of the complaint, a summary of the
evidence, the findings of the Board of Directors, and an explanatory summary of
the basis of the Board of Directors’ findings. This report will include the
name of the Respondent only. If the decision of the Board of Directors is that
the Respondent must terminate or interrupt practice of the Tomatis Method, this
decision will be made public. In this case, at the discretion of the Board of
Directors, the final decision, without circumstantial details, may be published
in an IARCTC or TDSA newsletter.
9. Follow-up
After
a decision is reached, the Investigator will send notice of the findings to
both the Respondent and the Complainant. The Chair of the Board of Ethics will
supply a copy of the report of the Board of Directors and/or the Board of
Ethics report to the Respondent and the Complainant upon request. The Investigator
may conduct a follow-up closure process, including debriefing interviews, with
both the Complainant and Respondent.
In
cases in which the complaint has been substantiated or the Respondent has
acknowledged behavior violating the IARCTC Standards of Practice and Ethical
Principles, the report of the Board of Ethics, as accepted by the Board of
Directors, and the report of the Board of Directors will be kept on file for
ten years. Access to the report will be at the discretion of the Board of
Directors. After ten years, information identifying the parties involved will
be removed, and the report will be kept indefinitely for use in the Board of
Directors’ archives.
In
cases in which the complaint has not been substantiated, the report of the
Board of Ethics will be held for five years. Names of the Complainant and
Respondent will be removed from the report along with any information
identifying the parties involved. Access to the report will be limited to
IARCTC Board of Ethics members and Investigators in subsequent cases. In cases
in which the complaint has not been substantiated, the detailed records
compiled by the Investigator during the course of the investigation will be
destroyed when the Board of Directors makes its ruling.
SECTION I: NAME – HEAD OFFICE -
DURATION
Article 1:
The association
is named INTERNATIONAL ASSOCIATION OF REGISTERED CERTIFIED TOMATIS CONSULTANTS
(IARCTC). It is a not for profit association.
Article 2
Its main office
is established in Luxembourg at 22 Boulevard Royal, L-2449 Luxembourg. It can
be moved by a decision of the Board of Directors, to any other location in
Luxembourg. Any modification of the address of the main office must be
recorded in the official Minutes of the
Meeting of the Association.
Article 3
The duration of
the association is unlimited.
SECTION II: PURPOSE
Article 4
The purpose of
the Association is to acknowledge, promote, and protect the Tomatis Method with
complete respect for the ethical code of Tomatis Consultants worldwide. It can
accomplish any task, which refers directly or indirectly to its purpose.
IARCTC is licensed/designated by Tomatis
Développement SA to carry out all of the following responsibilities while
upholding the guidelines set forth in the Standards of Practice and Ethical
Principles for Registered Certified Tomatis Consultants:
2.1. Receive, review, and make decisions on all
communications/recommendations to it in its areas of responsibility from its
Boards and Committees and from other segments of the Tomatis Method
professional community.
2.2. Receive, review, and make decisions on
Ethical Principles Complaints related to all persons certified by Tomatis
Développement SA or its assignees who meet and maintain the designation of
Registered Certified Tomatis Consultant and the right to and responsibility for
practice of the Tomatis Method.
2.3. Receive and review any and all proposed
amendments to the Tomatis Method Standards of Practice and Ethical Principles,
and make changes when deemed necessary and/or appropriate. The professional
community will be given ample notice to comment prior to adoption of
amendments.
2.4. Create and change protocols by which the
Board of Directors and each of its Boards or Committees will operate.
2.5. Set membership fees, which may need to
change from time to time.
2.6. Inform the Tomatis Method community of any
decisions taken, in a timely manner and according to the established protocols.
2.7. Provide an internet site with a database of
Tomatis Method related documents, articles, and research for the members.
2.8. Organize Conferences for the membership of
professionals.
2.9. Communicate with the general public,
including through conferences and workshops, about the association and body of
professional Registered Certified Tomatis Consultants and general information
about the Tomatis Method.
2.10. Comply with all applicable laws in whose
jurisdiction IARCTC operates.
SECTION III: MEMBERSHIP
Article 5
The number of
members is not limited. The minimum number of members will be five.
The categories of membership of the IARCTC are
as follows:
Founding Registered Certified Tomatis Consultant - a person who has met the requirements of
the Registered Certified Tomatis Consultant Professional Training and has not
had his/her certification revoked and who agrees to adhere to the SOP and
Ethical Principles prior to November 11, 2001. If the Registered Certified
Tomatis Consultant is a Founding Member of IARCTC and maintains this membership
status without interruption, he/she is given a permanent annual reduction of membership
fee of €100 from the regular fee if the acknowledgement of their agreement to
follow the Standards of Practice and Ethical Standards is received by November
11, 2001 by the Chair of the Board of Directors of IARCTC. Further, Tomatis
Développement gives a permanent deduction from royalty payment of one
Electronic Ear per center.
Registered Certified Tomatis Consultant
– a person who graduated from the Registered Certified Tomatis Consultant
Professional Training and whose certification has not been revoked and who
agrees to adhere to the SOP and Ethical Principles and who becomes a member
after November 11, 2001.
Associate Members –
1) Associate Certified Tomatis Consultant is a person who upon
discontinuation of active hparticipation as a Registered Certified Tomatis
Consultant chooses to move to an inactive associate status. 2) Associate
Listening Trainer is a person who has successfully completed the
certification process for Listening Trainer either through Professional
Training with TDSA or its assignee or through working with a Registered
Certified Tomatis Consultant. 3) Associate Member is any person who
through their historic, academic, literary, scientific, artistic, or other
involvement with the Method may be accepted by the Board of Directors as a
member at large. Associate Members may attend appropriate sessions at the
Annual Conference and use specific levels of the association database.
Honorary Member
is a person approved by the Board of Directors for their historic, academic, literary,
scientific, artistic, or other significant contribution with the Method and who
agrees to accept this status.
[Country] National Association of Registered
Certified Tomatis Consultants is an association
which is authorized by TDSA to form a national
professional association within a particular country and which is linked to the
IARCTC as part of their license from TDSA. A National Association of RCTC
responds within its country on behalf of its members in place of the IARCTC and
is responsible to the Board of Directors of the IARCTC for its actions and the
continuation of its existence. All of its work takes into account the specific
laws of the country, which might limit some of the activities of the RCTCs from
the broader rights they are granted through the IARCTC.
The first founding members are:
-
Maria Lundqvist
-
Françoise Nicoloff
-
Billie Thompson
-
Joachim Kunze
-
Christian Tomatis
Article
6
The Board of Directors decides of the admission
of new members. It is then a final decision and a refusal of admission does not
need to be explained.
The different categories described at article 5
can become members of the IARCTC.
Article
7
Members of the IARCTC have a right at any time
to leave te association by informing the Board of Directors in writing. No
refund of membership fee will be granted.
The exclusion of a member can only be done by
the Board of Directors upon the following conditions: 1) recommendation of the Board of Ethics
accepted by the Board of Directors
following the procedure for a formal complaint against a member for cause of
breach of Standards of Practice and Ethical Principles; 2) nonpayment of
membership fees for the current category of membership within three months of
date due.
Article 8
The member, who
is dismissed, suspended or excluded as well as the heirs or entitled to of
a deceased member, have no rights on the business and cannot claim back neither
the entrance fee nor the annual fees already paid.
They cannot
claim or request neither statement or accounts nor appending seals nor
stocktaking.
SECTION IV: FEES
Article 9
Following the categories of membership, every
member must pay an annual fee, which is:
Registered
Certified Tomatis Consultant Members EUR 500
Associate
Members EUR 100
Honorary Members no fee
National
Association of Registered
Certified
Tomatis Consultant EUR 250 per member
It is important
to note that in any case the annual fee for an active member will not be lower
than EUR 500, only the founding members benefit a permanent discount of EUR
100. As it should be, this basis of annual fee of EUR 500 could be revalued
according to the usually admitted rates.
SECTION V: ADMINISTRATION – DAILY
MANAGEMENT
Article 10
At its creation,
a Board of Directors of six officers, physical persons, administers the
association, who are:
·
Christian
Tomatis or his representative
·
Thierry
Gaujarengues representing Tomatis Developpement
·
Maria
Lundqvist, Françoise Nicoloff, Billie Thompson, Joachim Kunze, representing the
countries which benefit from a contract of exclusivity and/or responsibility
for the professional training in a specific geographic zone.
Prior to
December 31, 2001, these 6 first members will be joined by 2 members designated
by Tomatis Developpement SA and by 3 members selected by the body of the
Registered Certified Tomatis Consultants, which will raise the number of seats
of the Board of Directors to 11.
These 11 initial
incorporators will serve until December 2004 and then these seats will be
subject to reappointment every three years, respecting the following
distribution:
·
one
seat to Christian Tomatis or his representative
·
three
seats reserved to Tomatis Developpement SA
·
four
seats reserved to the representatives of
the countries which benefit from a contract of exclusivity and/or responsible
for the professional training in a specific geographic zone. Amongst the
members who will occupy those four seats, Christian Tomatis or his
representative will designate one member, another one will be selected by
Tomatis Developpement SA and two will be elected by the body of the Registered
Certified Tomatis Consultants.
·
3
seats will be reserved to the Registered Certified Tomatis Consultants.
At the end of
the first three years, and in order to follow the evolution of the Tomatis
profession and especially of the IARCTC, the number of seats of the Board of
Directors as already organised as above, will be able to increase to 23 and
will comprise:
·
2
seats for Christian Tomatis and/or his representatives
·
6
seats for Tomatis Developpement SA
·
8
seats for the body of the representatives of the countries which benefit from a
contract of exclusivity and/or responsible for the professional training in a
specific geographic zone. Amongst the members who will occupy those eight
seats, 2 will be designated by Christian Tomatis or his representative, two
other will be selected by Tomatis Developpement SA, and four will be elected by
the body of the Registered Certified Tomatis Consultants.
·
7
seats allocated to the Registered Certified Tomatis Consultants.
Article 11
In case of
vacancy during an office, the Board of Directors subject to confirmation by the
annual meeting, can nominate a provisory officer. In this case, this person
will complete the office of the officer whom he/she replaces. The exiting
officers can be reelected.
Article 12
The Board of
Directors selects amongst its members the following officers: a Chairman, two
Vice-Presidents, a Treasurer and a Secretary. Their office is limited to three
years and can be renewed.
The officers are
elected by a majority of the votes.
In case of
impeachment of the chairman, his/her functions are assumed by one of the vice
presidents or in their absence, by the oldest director who is present.
Article 13
The Board of
Directors meets with advance written notification served by the Chair or the
Secretary. They are due to convene a meeting at the request of two officers;
the latter indicate the questions they want to be put in the agenda. The Board
of Directors can only rule if the majority of the officers is present or represented.
Decisions are taken with majority of the votes of present officers or
represented; if there is parity in the votes, the chair’s one or his
representative’s is predominant.
Decisions
regarding questions which are about the vital concern of one member of the
association can only be passed on unanimously expressed votes of the present or
represented officers. The applicant must duly motivate the qualification of
vital concern of a point on the agenda. The excessive resort of this
exceptional measure can lead to the dismissal of the officer.
In case of
emergency, to be determined by the Chair or the Secretary, the Chair can submit
to the officers a proposition of resolution by a circular letter. In that case,
the whole body of the officers determines the majority.
Article 14
The Board of
Directors will have the following responsibilities and powers:
a) For deciding about the political tactics,
the strategy, the methodology, the activities and the means to meet the purpose
of the association.
b) For meeting the purpose of the
association by the means of its resources.
c) For overseeing the documentation of all
monies into and out of the association, and the management to realise the purpose
of the association.
d) For looking after a full and open
information about the operations of the association as well as about its
financial statements through appropriate and regular reports to the sponsors,
legal authorities as well as other claimant.
e) For managing the bank accounts through
one or several officers selected by the Board of Directors.
f) For delegating the daily management of
the association, with the usage of the signature regarding this management, to
a delegated officer and/or a delegate administrator who will determine the
powers.
g) For appointing and removing the internal
or external accounting assessor.
h) For creating permanent committees to
undertake the responsibilities of the association and to prepare the
recommendations to the association in the area of ethics and professional
practice standards, conference, internet database, public education and any
other area, which it will estimate to be necessary.
This list of
duties and powers is not exhaustive and excludes only those actions reserved by
the law or those not authorized by the existing statutes of the Association
that are beyond the competency of the Board of Directors.
Article 15
The legal
actions as claimant or applicant are instituted or sustained in name of the
association by the Board of Directors, upon proceedings and prosecutions by the
Chair or the delegated officer.
The acts,
which institute the association other than those of daily management, unless a
special decision of the board, are signed either by the Chair or by two
officers, whom will not have to justify their powers to a third party.
Article 16
The Board can
delegate the daily management of the association, with the usage of the
signature related to that management, to a delegate officer and/or a general
secretary whom it will determine the powers. The general secretary can be
chosen outside of the board of directors.
Article 17
Due to their function, the officers do not
contract any personal obligation and are only responsible for the execution of their office.
SECTION
VI: GENERAL ASSEMBLY
Article
18
The general assembly is made up of all the
members.
Article19
The general assembly is the supreme organ of the
association. It owns the powers, which are specially acknowledged by the law or
the actual statutes.
Here are the areas of its exclusive competence:
-
1) The modification of the statutes;
-
2) The approval of internal regulations
and the related amendments;
-
3) The appointment of the members at
large selected for membership on the Board of Directors;
-
4) The approval of the budget and
accounts;
-
5) The pricing of the annual fee within
the governance of the statutes;
-
6) The voluntary dissolution of the
association.
Article
20
The association will meet at least annually
during the first semester.
A letter of the Board of Directors will notify
the members of the association at least 30 days prior to the annual meeting,
except case of emergency. The agenda will be mentioned in the letter.
General meetings may be in person or by phone or
by other means designated by the Board of Directors.
A special meeting may be called at any time by a
decision of the Board of Directors. It must be called by a quorum of one fifth
of the membership. Each meeting will take place at date, time and place
mentioned in the notification. All members must be notified.
A quorum for a meeting of IARCTC is two thirds
of the membership of IARCTC.
Article
21
Each member can attend the general meeting.
He/she can be represented by a representative of his/her choice. It is
imperative that this representative is a member of
the IARCTC.
Article
22
Resolutions are
taken at the majority of two thirds of present or represented votes.
Modifications of
the statutes request a majority of the two thirds of the members.
Article 23
The general
meeting can only deliberate on the dissolution of the association or the
amendment of the statute, in accordance to the provisions of the articles 6 and
20 of the modified law dated 21st April 1928, upon non-profit
association (coordinated text dated 4th March 1994).
In case of dissolution of the association, the
general meeting will designate the liquidator(s) and will determine their
powers.
Article24
The decisions of the meeting are recorded in the
minute book signed by the Chair and an officer. This minute book is kept at the
registered office where all members can examine it but
without taking the register out.
All members or third party showing an interest
can request some excerpts signed by the Chair of the Board of Directors and an
officer.
A list showing, in alphabetic order, the
designation and the head office of associations or names, first names,
addresses and citizenship of the members physical persons of the association,
is lodged at the clerk of the court’s office of the head office of the
association within a month of the publication of the statutes. Every year, it
is completed no later than a month after the
general meeting indicating the modifications of the records of the membership,
in alphabetic order. Any person can examine it free of charge.
SECTION
VII: INTERNAL REGULATIONS
Article
25
The Board of Directors could propose internal
regulations for approval at the annual meeting. Modifications of these
regulations could be presented to the annual meeting, ruling with a majority of
the two third of the present or represented votes.
SECTION VIII: DIFFERENT DISPOSITIONS
Article 26
The financial year starts on 1st
January to end on 31st December. Exceptionally the first year will
start on the day of the constitution to end on December 31, 2002.
Article
27
The accounts of the past fiscal year and the
budget of the coming financial year are submitted every year for approval to
the general meeting.
Article
28
The general meeting appoints a government
auditor to verify the accounts of the association and to present an annual
report. The general meeting determines the duration of his/her duties.
Article
29
Any modifications of the statutes are published,
within the month of its date, in the Memorial, register of companies and
associations.
Any appointment, dismissal or removal of
officers is recorded in the Register of Commerce and companies.
It is the same for the list of the members as
well as for the subsequent modifications of that list.
Article
30
Anything that is not covered explicitly in the
actual statutes is ruled by the modified law of April 21, 1928 upon the
non-profit associations (coordinated text dated March 4, 1994).
Luxembourg, October 31, 2001