SCR Professional Standards Policy allows shielding the complainant’s name only through the citation offer to the respondent. This is temporary anonymity.
The citation will not have the complainant’s name on the citation offer.
Citations are the ethics traffic tickets. Article 12 advertising is ideal for citations.
If the respondent does not accept the citation and demands a full ethics hearing, the complainant must decide to attend the hearing and present their case or drop their complaint and perhaps SCR Grievance Committee takes up the complaint.
The complainant must put their name on the SCR complaint.
VIII. ANONYMOUS COMPLAINTS
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SCR will allow Complainant to initially remain anonymous should they so choose. Both REALTOR® members and members of the public will be afforded this option. A check box will be placed on the complaint form asking if the Complainant prefers anonymity for their complaint.
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The Complainant will remain anonymous to the Grievance Committee, but SCR staff will still ensure that no member of the Grievance Committee is from the Complainant’s board or brokerage. If the complaint is eligible for a citation then the Complainant will remain anonymous to the Citation Panel.
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Should the Citation Panel choose to issue a citation the respondent will be notified that they may pay the citation within the allotted time or request a full due process hearing on the merits. If the Respondent chooses to accept the citation then the ethics complaint process in regards to the subject complaint is complete and the Complainant will remain anonymous.
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If the Respondent either refuses the citation or opts to have a hearing on the merits, SCR staff will promptly notify the Complainant of the Respondent’s decision. SCR staff will then offer the Complainant a choice of proceeding with the hearing and lifting their veil of anonymity or the Complainant can choose to withdraw their complaint.
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Should the Complainant choose to withdraw their complaint the original Grievance Committee would be reconvened to determine if the Grievance Committee should become the new Complainant pursuant to Section 21(e) of the NAR Code of Ethics and Arbitration Manual. Absent a finding of a potential violation of public trust the complaint will be permanently withdrawn and the complainant will remain anonymous.
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At no point will SCR conduct a hearing in which the Respondent is deprived the due process right to face their accuser whether that be the voluntarily unmasked Complainant or a representative of the Grievance Committee, who has taken the original Complainant’s place due to a potential breach of public trust.
Posted by: Byron King on 1/27/21 (This information is only accurate as of 1/27/21. You must contact SCR for updates and changes to this information after 1/27/21 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)