Introduction

1.1       The purpose of this policy is to provide guidelines for dealing with discrimination and harassment complaints in an effective and timely manner, and to provide a procedure for informal review and resolution.

1.2       In addition to the procedure available under this policy, every person who   experiences harassment continues to have the right to seek assistance from :           

·       A complaint may be filed with BC Human Rights Commission if the complaint falls under the definition of discrimination.

·       A complaint may be filed with the police and/or other appropriate authorities if the behavior is criminal activity (ie abuse, stalking, etc).

1.3       If the Complainant initiates proceedings with the BC Human Rights Commission   with respect to the same incident(s) which is the subject matter of a complaint under this policy, the complainant shall be deemed to have withdrawn the complaint under this policy and the internal process would cease.

 

1.4       If a person proceeds with a complaint under this policy, the complaint will be resolved with the assistance of the Harassment Advisor and/or Investigative Panel.

1.5       Abuse : Abuse can be physical, emotional or sexual.

a)      Physical Abuse - intentionally using physical force or actions that result, or could result, in injury

b)      Emotional Abuse - a pattern of hurting an individual’s feelings to the point of damaging their self-respect. It includes verbal attacks on the individual, insults, humiliation or rejection.

c)      Sexual Abuse - using an individual for sexual stimulation or gratification.     

1.6       If child abuse is suspected or disclosed, reporting to the proper authorities is         mandatory and it should be reported to the police and/or the Child Protection             Branch of the Ministry of Children and Families.

 

2.1         There will be no tolerance of harassment in JJBC

2.2         JJBC is committed to providing a sport and work environment in which all individuals are treated with respect and dignity.  Each individual has the right to participate and work in an environment which promotes equal opportunities and prohibits discriminatory practices.

2.3         This policy applies to all directors, instructors, volunteers, students, officials, and members of JJBC. JJBC encourages the prompt reporting of all incidents of harassment, regardless of who the alleged offender may be.

2.4         For the purposes of this policy, harassment may occur at, but not limited to, the following places:

a)   at sporting events, competitions, and in training sessions;

b)   at the office;

c)   at JJBC-related social  and business functions ( such as meetings, seminars training sessions and workshops );

d)   during JJBC-related travel;

e)   over the telephone; or

f)     elsewhere if the person harassed is there as a result of JJBC-related responsibilities or a JJBC-related relationship.

2.5       The procedure followed under this policy shall adhere to the process of natural justice, which means that:

a)      everyone will have an opportunity to provide his/her version of events;

b)      the issues will be clearly and concisely stated so that the respondent is aware of the allegations;

c)      the respondent and complainant will receive a copy of the investigation report;

d)      the decision-makers  (Harassment Advisor and/or Investigative Panel)  have a duty to listen fairly to both sides and to reach a decision untainted by bias.

2.6       JJBC is committed to the prevention of harassment through educational    programs including information and training.  (Suggestions in Appendix 1 )

2.7       Discipline is an indispensable part of high performance sport and should not be     confused with discrimination or harassment. However, it is of vital importance       that those in authority :

·       set and communicate performance and training standards to all participants

·       ensure that training involving touching or other physical contact occur in an appropriate setting and only after informed consent has been sought and received

·       be consistent and non-harassing in taking any corrective or punitive action

·       use non-harassing terminology; address individuals by name and avoid the use of derogatory, slang or offensive terms

·       refer to JJBC Codes of Conduct and follow them accurately

3.1       Harassment: Behavior including comments, conduct or gestures which is insulting, intimidating, humiliating, hurtful, malicious, degrading, or otherwise offensive to an individual or group of individuals. Behavior which creates an uncomfortable environment, or which might reasonably be expected to cause embarrassment, insecurity, discomfort, offense, or humiliation to another person or group, including, but not limited to:

¨       written or verbal abuse or threats;

¨       physical assault;

¨       unwelcome remarks, jokes, innuendoes, or taunting about a person’s body, sexual orientation, attire, age, marital status, ethnic or racial origin, religion;

¨       displaying of racist or other offensive or derogatory material, racial, ethnic or religious graffiti;

¨       practical jokes which cause awkwardness or embarrassment, endangering a person’s safety or negatively affecting performance;

¨       hazing or initiation rites;

¨       obscene gestures;

¨       intimidation;

¨       behavior which undermines self-respect or adversely affects performance or working conditions;

¨       false accusations of harassment motivated by malice or mischief, and meant to cause other harm, is considered harassment;

¨      acts of retaliation as described in Section 3.9;

            In reference to the examples above, harassment also includes :

Þ        when submission to any such conduct is made either implicitly or explicitly a condition of employment; and/or advancement

Þ        when rejection of such conduct is used as a basis for any employment decision; and/or advancement

Þ        when such conduct has the purpose or the effect of interfering with a person’s work/sport performance or creating an intimidating, offensive or hostile  environment.

3.2       Sexual Harassment: Includes, but is not limited to, one or a series of incidents of harassment (as outlined in Section 3.1) of a sexual nature. Also includes,           unwelcome sexual advances; requests for sexual favours; or other conduct of a       sexual nature.

3.3       Discrimination: The BC Human Rights Code provides that no person shall                                   discriminate against a person with respect to employment, publication,                                       accommodation, service, and facilities on any of the following grounds :                                               

·       race ·      colour ·      ancestry ·      place of origin ·      political belief

·       marital status ·       conviction for an offense unrelated to employment ·       physical disability ·      mental disability

·       sex ·       age ·       sexual orientation ·       family status ·      religion

 

            These are called ‘Prohibited Grounds’. Harassment on a prohibited grounds is a form of discrimination.

 

 

3.4       Responsible Adult:  Where the Complainant or the Respondent is a minor, or otherwise unable to speak for themselves, a parent, guardian, or other adult of the person’s choice who may speak on behalf of the Complainant or Respondent, as referred to in Section 9.0 of this policy.

 

3.5       Complainant:  Person making a complaint.

 

3.6       Respondent:  The alleged offender.

 

3.7       Harassment Advisor:  A designate of JJBC who has been trained in respect of this policy and its procedures. The role of the Harassment Advisor is to serve in a neutral, unbiased capacity, to provide information about the resources and support available, and to receive complaints, assist in informal resolution of complaints, and to make recommendations as to further action.  The Harassment Advisor will handle complaints which may be resolved through informal procedures, and refer complaints, when necessary, to the authorities

 

3.8       Investigation Report:  The product of an investigation completed by the Investigative Panel, including, but not limited to, a summary of details, determination of whether harassment occurred, and recommendations for resolution, including recommendations for disciplinary action if harassment is found.

 

3.9       Investigative Panel:  Two members from the Board of Directors to investigate a harassment complaint and compile information for review by the Board (as provided under this policy)

 

3.10     Appeal Panel:  At least 3 individuals appointed by the JJBC to consider an appeal from a decision of the Investigative Panel with regards to a harassment investigation.  No member of the Appeal Panel shall have any prior involvement with the matter under appeal.

 

3.11     Retaliation: Any action taken against an individual in retaliation for (but not            limited to) :

a)  having initiated this policy on behalf of himself/herself or another individual;

b)  having participated or cooperated in any investigation under this policy; or

c)  having associated with anyone who has invoked this policy or participated in an investigation.

4.1       The JJBC Board is responsible for the implementation of this policy.

4.2       JJBC will identify and designate Harassment Advisors.

4.3       JJBC will act quickly on any complaint of harassment with the goal of resolving the situation fairly and of preventing future occurrences, including determining and enforcing appropriate discipline, if required.

4.4       All members of JJBC have the responsibility to follow their codes of conduct and behave according to the rules outlined by JJBC.

5.1       Throughout the process of this policy, every effort will be made to maintain confidentiality and information relating to the complaint, including contact of     meetings interviews, results of investigations, and other relevant material, and will only be disclosed to the extent necessary to carry out procedures provided in this policy.

6.1       A person who thinks he or she has been subjected to conduct which constitutes harassment under this policy (the “Complainant”)  is encouraged to make it known to the person responsible for the conduct (the “Respondent”) that the behavior is unwelcome, offensive, and contrary to this policy. 

6.2       If confronting the Respondent is not possible, or if after confronting the Respondent the conduct continues, the Complainant should seek the advice of the Harassment Advisor.

6.3       At the first meeting between the Harassment Advisor and the Complainant, the Harassment Advisor shall inform the Complainant of:

a)      the option of pursuing informal resolution of the complaint;

b)      the availability of counseling and other resources;

c)      the confidentiality provisions of this policy;

d)      other avenues of recourse, including the right to file a complaint with the BC Human Rights Commission or, where appropriate, to contact the police where the conduct may be an offense pursuant to the Criminal Code.

6.4       Following the initial meeting between the Complainant and the Harassment Advisor, either of the following steps may be taken.

a)   If the Complainant and the Harassment Advisor agree that the conduct does not constitute harassment, the Harassment Advisor will take no further action and will make no written record of the complaint.

b)   If the Complainant wished to proceed with the complaint, the Harassment Advisor shall assist the Complainant in preparing a written complaint outlining the name of the respondent, the details of the alleged incident(s) of harassment, and the names of any witnesses. The written complaint shall be dated and signed by the Complainant.

6.5       If the Complainant wishes to attempt resolution of the complaint on an informal basis, the Harassment Advisor will attempt informal resolution of the complaint. This may include the following :

¨    The Complainant talks to the Respondent about the behavior

¨    The Advisor talks to the Respondent about the behavior

¨    The Advisor acts as an informal mediator between the Complainant and Respondent

¨    Other types of informal resolution that do not include an investigation

6.6       If the Complaint is resolved informally to the satisfaction of the Harassment Advisor, the Complainant and the Respondent, or if the Complainant decides to withdraw the complaint, the Harassment Advisor will make careful notes of the actions taken and no report shall be submitted to JJBC.

6.7       If the complaint is not resolved informally to the satisfaction of the Harassment Advisor and/or the Complainant, the complaint shall be referred to an Investigative Panel for investigation.

6.8       If the Complainant does not wish to proceed with an informal resolution, or if the    Harassment Advisor feels it can not be informally resolved, the Harassment     Advisor will refer the complaint to an Investigative Panel for investigation using      the procedure outlined in the JJBC Harassment Policy, the written complaint         shall be forwarded to an Investigative Panel for an investigation.

 

7.1       When an Investigative Panel receives a complaint from the Harassment Advisor, the Panel will:

a)      review and clarify the Complainant’s written complaint; and

b)      give a copy of the written complaint to the Respondent.

 

7.2       Where the Investigative Panel gives a copy of the written complaint to the Respondent, they will include with the written complaint a copy of this policy.

7.3       The Respondent will provide a written response to the Investigative Panel within ten (10) working days of receiving the written complaint. If there are special circumstances, the Investigative Panel may extend the time for response.

7.4       The Investigative Panel will receive the written response from the Respondent       and forward a copy to the Complainant.

7.5       In a timely manner, the Investigative Panel shall conduct an investigation and prepare a written Investigation Report.

7.6       During the investigation, Complainant and Respondent shall advise the investigators of all evidence which is relevant to the complaint.

7.7       The Investigation Report from the Investigative Panel shall contain:

a)      a summary of the relevant facts;

b)      a determination as to whether the acts in question constitute harassment as defined in this policy;

c)      if the act(s) constitute harassment, recommendations for resolution which may include disciplinary action against the Respondent.

7.8       When recommending disciplinary action, the Investigative Panel shall consider      factors such as:

a)      the nature of the harassment;

b)      whether the harassment involved any physical contact;

c)      whether the harassment was an isolated incident or part of an ongoing pattern;

d)      the nature of the relationship between the Complainant and the Respondent;

e)      the ages and mental abilities of the Complainant and/or Respondent;

f)        whether the Respondent had been involved in previous harassment incidents;

g)      whether the Respondent retaliated against the Complainant.

7.9       On completion of the report, the Investigative Panel shall forward a copy of the      Investigation Report to the Complainant, the Respondent, and the JJBC Board of Directors.

7.10     After considering the Investigation Report, the Board of Directors will:

a)      make a determination as to whether the Respondent breached the harassment policy; and

b)      if the Board of Directors determines that Respondent has breached the harassment policy, recommend resolutions or  disciplinary action to be taken against the Respondent as is appropriate in the circumstances.

7.11     When imposing disciplinary action against the Respondent, the Board of Directors shall consider these factors referred to in paragraph 7.8 and may impose such disciplinary action as it considers appropriate in the circumstances which may include, but is not limited to:

a)      a verbal apology;

b)      a written apology;

c)      a letter of reprimand from JJBC;

d)      referral to counseling;

e)      sensitivity training in harassment issues;

f)        removal of certain privileges of membership or employment;

g)      temporary suspension;

h)      expulsion from membership.

7.12     The Board of Directors shall, not more than 10 days after it makes its decision, send a copy of its’ decision to the Complainant and Respondent.

8.1       An appeal may only be heard if there are sufficient grounds for the appeal.             Sufficient grounds for appeal are restricted to the following :

(a)  JJBC failed to follow procedures set out in the harassment policy;

(b)  the Board of Directors’ decision was influenced by bias;

(c)  the Board of Directors considered irrelevant evidence, or failed to consider relevant evidence in making its decision; or

(d)  the Board of Directors’ decision was wholly unreasonable based on the facts and circumstances.

8.2       The Notice of Appeal and Request for Hearing shall be in writing and shall set        out the grounds for appeal and facts in support of the grounds for appeal.

8.3       A Complainant or Respondent who wishes to appeal the decision of the Board of Directors  may initiate an appeal by serving the Board of Directors with a ‘Notice of Appeal and Request for Hearing’ not more than 30 days after the date she or he receives notice of the Board’s decision.

8.4      Upon receipt of a Notice of Appeal and Request for Hearing, the Board shall :

(a)  appoint an Appeal Panel to hear the appeal; and

(b) send a copy of the Notice of Appeal and Request for Hearing to the other party or parties involved in the complaint.

8.5      Once an Appeal Panel has been appointed, the Appeal Panel shall consider the     grounds for appeal and determine if there are sufficient grounds for the appeal.       

8.6       If the Appeal Panel determines that there are not sufficient grounds for the             appeal, the Appeal Panel will dismiss the appeal and notify JJBC and the parties        of the complaint, in writing, of its decision.

8.7       If the appeal panel determines that there are sufficient grounds for the appeal, it     shall inform JJBC of the decision and conduct a Hearing with respect to the appeal.

8.8       The Hearing shall follow such procedures as deemed appropriate in the     circumstances by the appeal panel. The Appeal Panel may, in its sole discretion, determine the riles of procedure which will govern the Hearing. The procedures          may require advance disclosure of evidence and/or witness statements.

8.9       The Appeals Panel will send a copy of the Notice of Hearing to the Complainant and Respondent and to JJBC. The Hearing Notice will be sent at       least 30 days in advance of the scheduled Hearing and shall :

(a)  specify the date, time, and location of the Hearing;

(b)  set out the rules of procedure that will govern the Hearing;

(c)  advise the parties that they should bring with them to the Hearing all relevant witnesses and other evidence they wish to be considered by the Appeal Panel.

8.10     In addition to the notice of appeal, the Appeal Panel may receive into evidence       the Harassment Advisor’s Report, the Board of Director’s decision, and any other relevant evidence presented at the Hearing

8.11     Within 15 working days after completing a Hearing, the Appeal Panel shall send    notice of its decision, by registered mail, to the last known addresses of the               Complainant and the Respondent and to the Board of Directors. 

8.12    The Board of Directors shall implement the Appeal Panel’s recommendations.

 

9.1       If the Complainant is a minor, or someone otherwise unable to speak for themselves, the complaint may be brought forward by a “Responsible Adult”.  The Responsible Adult will have the right to act on behalf of the Complainant throughout the complaint process, including:

a)      making a complaint;

b)      receiving all notices on behalf of the Complainant;

c)      being present at all dealings with the Complainant.

9.2       If the Respondent is a minor, or someone otherwise unable to speak for themselves, the following shall apply:

a)      If the Harassment Advisor is attempting an informal resolution of a complaint, the Harassment Advisor may speak to the Respondent directly concerning the complaint PROVIDED THAT prior to speaking to the Respondent the Harassment Advisor shall inform the Respondent that he/she may have a Responsible Adult present during the meeting.

b)      If the complaint is referred to a Investigative Panel for investigation:

i)        a copy of the written complaint shall be forwarded to a parent or guardian of the Respondent if such person is known;

ii)       the Respondent shall be advised that he/she has the right to be represented by a Responsible Adult; and

iii)     The Respondent’s designated Responsible Adult will have the right to act on behalf of the Respondent throughout the investigation process, including:

A)     responding to a written complaint;

B)     receiving all notices of behalf of the Respondent; and

C)    being present at all dealings with the Respondent.

10.1     The Executive Director of JJBC shall be responsible to keep all records required   to be kept under this policy, including the Harassment Advisor’s reports.

10.2     Where a complaint is resolved informally without investigation :

a)  the Harassment Advisor shall provide the Executive Director with a confidential written record of the complaint and details of the informal resolution.

10.3     Each Harassment Advisor shall have access to notes and records made by any   other Harassment Advisor of JJBC.

10.4     Where an investigation results in a finding of harassment, the outcome of the        investigation and any disciplinary action shall be recorded in JJBC’s records relating to the Respondent. The records shall include copies of the Complaint, the Harassment Advisor’s Report, the Board of Directors’ report and, if applicable, the Appeal Panel’s decision

 

10.6     Where an investigation results in a finding that the complaint is not             substantiated, all records of the complaint shall be removed from JJBC’s records relating to the Respondant.

11.1     This policy was approved by the JJBC board of directors.

11.2     This policy shall be reviewed by JJBC and the Harassment Advisor on an annual basis.

Suggested Guidelines for the Prevention of Harassment - JJBC

Internal Education and Communication of Policy

1.      Include information on abuse and harassment as part of orientation to new members and volunteers.  Sample educational materials are available through Sport BC,  Promotion Plus, and the Coaches Association of BC. 

2.      Include compliance with policy as part of membership eligibility.

3.      Support and distribute information concerning educational workshops/seminars explaining the policy and process as part of annual meetings, volunteer training, and/or where ever else deemed appropriate.

Coaching and Leadership

1.      Support and distribute the Coaches Association of BC Coaching Code of Conduct, and the Canadian Professional Coaches Association’s Code of Ethics, both of which are available from Sport BC and the Coaches Association of BC.

RESOURCES

Organization	Description	Phone
Sport BC	Federation of amateur sport organizations; leader in advocacy, professional development, and sport standards.	604.737.3026
Sport and Community Development Branch	Provincial government branch responsible for sport and recreation.	250.356-1167 (Toll free 660-2352 request 356-1167)
Promotion Plus : Girls and Women in Sport and Physical Activity	Advocate agency for girls and women in sport and recreation, specializing in gender equity and women’s issues.	604.737.3075
Coaches Association of BC	Organization dedicated to educating and training coaches.  Resources include extensive library.	604.298.3137
Centre for Sport and Law	Provides legal consultation in areas of sport administration.	613-798-0550 sportlaw@cyberus.ca
Human Rights
BC Human Rights Commission	Investigates complaints of harassment on behalf of the Province	Toll-free 660.6811
Victim Services Information Line		1.800.563.0808
Abuse Services
Ministry of Children and Families	Call to report Child Abuse	Look in the Blue Pages for local phone number
Kids Help Phone	24 hour crisis line for children, staffed by counselors.	1.800.668.6868
Helpline for Children	Dial operator and ask for ZENITH 1234	ZENITH 1234
Rape Crisis Centre	Women Against Violence Against Women - 24 hour crisis line.	604.255.6344
Rape Relief	24 hour crisis line	604.872.8812

 

Other materials used for information in this document

·          Help Stop Child Abuse : A Handbook for Employers and Volunteer Coordinators, Province of BC Ministry of Social Services

·          Canadian Olympic Association Draft Harassment Policy, April, 1997

·          Speak Out…Act Now!A Guide to Preventing and Responding to Abuse and Harassment for Sport Clubs and Associations. www.harassmentinsport.com