Filing and Enforcing Complaints
Definition of Membership Responsibility
All potential MRA members must sign the Code of Marketing Research Standards as a condition of membership. Failure to sign the Code precludes membership in MRA.
The Professional Standards Committee may censure, suspend or expel a company due to the actions of one or more employees even if the employee(s) in question are not members of MRA if the offense is the result of a company policy or pervasive action, explicit or implicit, that promotes or allows such punishable behaviors.
Complaints of alleged unethical behavior may be filed against an MRA member or member company who/that is suspected to have violated the Code. Such charges must be documented in writing using the official Complaint Form available on the MRA Web site, and forwarded to MRA’s CEO. All related investigations are confidential, and the Professional Standards Committee members, the deliberators in such evaluations, will be reviewed for possible conflict(s) of interest in each case. A company or individual member found to be in violation of the Code may appeal the Professional Standards Committee findings to an objective arbitrator. MRA will NOT act on anonymous complaints.
Sanctions will be determined on a case-by-case basis, and will depend on the severity, nature, and cumulative amount of violations. Also considered will be whether such violations constitute a pattern that establishes the member to be incapable or unwilling to comply with the Code.
There are three levels of sanctions for violations:
- Censure, that is, state strong disapproval to a violator by issuing an official letter of complaint.
- Suspension of membership for a determined period of time, barring the member from membership privileges, such as advertising through MRA publications or participation in MRA programs and events.*
- Expulsion from membership in the Association, making the loss of membership permanent.*
Censure requires member acceptance and agreement to rectify, improve and/or cease and desist as appropriate for the offense. Failure to act may result in suspension. The name of the censured party will appear in one issue of Alert! Magazine for the publication deadline closest to the final decision of the Committee. Details of Censures are not made public and remain confidential.
Suspension and Expulsion carry heavier penalties. To whit: The names of members who have been suspended or expelled, and the outcome of their cases stating the Code points of which they are in violation, will be published in Alert! for a period of up to one year. Members under suspension lose all member benefits during the period of suspension and may not speak at any official MRA events (National or Chapter), and may not run for nor hold any MRA office. Expelled members or member companies face a lifetime prohibition from re-joining MRA.
Cumulative Violations
Multiple violations are viewed as cumulative and will be treated as follows:
- Within a 5-year period, if a person or company accumulates 3 Censures, they will receive a one-year suspension.
- Within a 5-year period, if a person or company accumulates 2 Suspensions, they will be expelled.
- Within a 5-year period, if a person or company accumulates 1 or more Censures AND a Suspension, they will be expelled.
Complaint Filing and Review Procedures
A complaint is filed with MRA's CEO identifying alleged improper conduct of a specific MRA member, outlining and identifying the specific section of the Code where the alleged violation occurred. The complainant supplies reliable documentation and personal knowledge of the alleged violation. The complaint must be received no later than 60 days from the end of the complainant’s involvement in a study or a longer period of time as determined by the Committee after review on a case-by-case basis.
- Via Certified Mail/signature required, the CEO notifies the complainant within 5 business days of receipt of the Alleged Violation Form.
- The CEO immediately forwards the complaint to the Volunteer Chair of the Professional Standards Committee for review.
- The Chair of the Professional Standards Committee reviews the complaint and ascertains if the materials constitute evidence of a violation against the MRA Code.
- If they do not, the complainant is to be notified by certified letter of the Chair’s findings within 30 days and the case is closed.
- If the Chair determines that the materials might constitute evidence of a violation of the Code, the Chair calls a meeting of the Committee to determine whether the materials indicate a violation against the Code.
- The Professional Standards Committee reviews the material and if it is determined not to be a violation, the complainant is to be notified by certified letter of the Committee meeting within 30 days and the case is closed. If the review determines it to be a violation, proceed to Step 7.
- The Chair of the Professional Standards Committee begins a detailed investigation by notifying the person against which the complaint has been lodged (responding party) of the alleged violation and requests a written response to the allegation within 30 days from date of the Committee’s letter to be sent by certified mail with signature required card. A copy is sent to the CEO.
- The CEO receives the responding party’s response and within 3 business days notifies the responding party in writing of receipt.
- The CEO will forward the response within 3 business days to the Chair, Professional Standards Committee and the Committee.
- The Professional Standards Committee meets as soon as possible to allow at least a three-fourths majority of the Committee to attend, and discusses the complaint and the materials received. This is done to determine the validity and the severity of the complaint. They then determine the next action steps.
- The Professional Standards Committee notifies the complainant and the responding party by certified letter with signature required card of the Committee’s decision, within 5 business days of decision.
- If either party, complainant or responding party, disputes the decision of the Committee, then the Professional Standards Committee offers the opportunity to have an objective arbitrator hear the complaint.
- MRA's CEO selects the objective arbitrator in coordination with Professional Standards Committee Chair and materials are sent. The Arbitrator makes a decision. The Arbitrator announces the decision to the Professional Standards Committee and both parties. The non-prevailing party bears the full expense of the arbitrator’s fees.
- If the member’s membership rights are suspended for a period of time or if the member is expelled from the Association, the final results are published in the Alert! Magazine for a period up to one year as determined by the Professional Standards Committee. The results will be published in a manner at the discretion of the MRA CEO in concert with the staff editor of Alert!.