Abuse/Harrassment Policy

Archery Canada  Anti-Abuse & Anti-Harassment Policy

Archery Canada

Harassment Policy & Guidelines

1.         Preamble

1.1        Archery Canada (herein after referred to as AC) is committed to the achievement of equal opportunity including the establishment of a sport environment in which all members have the opportunity to contribute to the sport to their maximum potential. As such the AC has a zero tolerance policy, meaning no level of harassment is acceptable. The goals of the policy are to:

resolve a situation fairly and in a timely manner

prevent further harassment

diminish the harm to a complainant and liability to the AC , its Directors, staff and members.

Policy

 

1.2        This policy is directed towards the protection of members from harassment that may occur during Federation of Canadian Archers business and events, where there may be repercussions in the work environment adversely affecting members' archery relationships. The definition of AC business and events are those activities that receive direct AC financial support, in whole or in part.

 

1.3        Archery Canada (herein after referred to as AC) operates in accordance with The London Declaration (attached) and is committed to its 12 provisions.

2.         Definitions of Harassment and Abuse

2.1        Definition of Harassment

Harassment can generally be defined as behaviours including comments and/or conduct which is insulting, intimidating, humiliating, hurtful, malicious, degrading or otherwise offensive to an individual or groups of individuals or which creates an uncomfortable environment. Harassment may include:

2.1.1     Harassment is a form of discrimination. Harassment is prohibited by legislation in each province of Canada.

2.1.2       Harassment is offensive, degrading and threatening. In its most extreme forms, harassment can be an offence under Canada’s Criminal Code.

2.1.3       Harassment may include:

sexually oriented comments

racial or ethnic comments

2.1.4     Harassment may occur between peers or someone in a position of power and an adult in a subordinate position.

• athlete to athlete,
• coach to coach,
• parent to coach,
• coach to athlete

2.1.5       For the purposes of this policy, sexual harassment or abuse is defined as unwelcome sexual advances, requests for sexual favours or other verbal or physical conduct of a sexual nature             when:

• submitting to or rejecting this conduct used as the basis for making decisions,
• which affect the individual
• such conduct has the purpose or effect of interfering with an individual’s
• performance, or
• such conduct creates an intimidating, hostile or offensive environment.

2.1.6       Types of behaviour which constitute harassment or abuse include, but are not limited to:

• written or verbal abuse or threats
• the display of visual material which is offensive or which one ought to know is offensive
• displaying of sexual explicit, racist or other offensive or derogatory material
• unwelcome remarks, jokes, innuendoes, or taunting about a person’s body, attire, age, marital status, ethnic or racial origin, religion, or sexual orientation, etc.
• sexual, racial, ethnic or religious graffiti
• practical jokes, which cause awkwardness or embarrassment; endanger a person’s safety, or negatively affect performance
• unwelcome sexual flirtations, advances, remarks, invitations or requests whether indirect or explicit, or intimidation
• leering (suggestive staring), or other obscene or offensive gestures
• condescension, paternalism, or patronizing behaviour which undermines self-  respect or adversely affects performances or working conditions
• unwanted physical conduct such as touching, kissing, patting, pinching
• vandalism
• physical or sexual assault

2.1.7       Some behaviours that might be described as harassment when directed towards an adult, may constitute abuse when directed towards a child or youth by any person with power or authority over the person harassed

 

2.2        Definition of Abuse

Child abuse is any form of physical, emotional and/or sexual mistreatment or lack of care which causes damage, emotional or physical, to a child or youth. Common characteristics or abuse against children and youth are abuse of power or authority, or a breach of trust.

Emotional abuse is an attack on a child/youth’s self-esteem.

• It is behaviour by a person in authority that damages a child/youth psychologically
• It can be name-calling, threatening, ridiculing, berating, intimidating, isolating, hazing or ignoring a child’s needs

Physical abuse is when a person in authority injures or threatens to injure purposely. It can be slapping, hitting, shaking, kicking, pulling hair or ears, throwing, shoving, grabbing, hazing or excessive exercise as a form of punishment.

Neglect is inattention to the needs or the child athlete. This may occur when:

• equipment is unsafe
• no-one intervenes when a child/youth is being harassed
• injuries are not adequately treated
• athletes are made to compete with injuries

Sexual abuse is defined as a younger person being used by an older child, adolescent or adult for the sexual stimulation or gratification of the older individual. It can take two forms: contact and non-contact.

3.    Reprisal

3.1        As part of their right to freedom from harassment, Archery Canada members are protected from reprisal or the threat of reprisal. Reprisal may include situations in which a member is:

• denied or threatened with denial of promotional, advancement, training, or other related opportunities or benefits (e.g. team selection, etc.)
• disciplined or threatened with disciplinary action
• dismissed or threatened with dismissal on the sole basis of:
• rejecting the sexual advances of a person in authority who could or who could be perceived to have influence over archery-related decisions affecting the member
• having made a complaint of harassment

 

3.2        Reprisal may also include situations involving co-member(s) who, because the member has made a complaint of harassment, continue or escalate the harassment; ostracize or isolate the member; and/or engage in any behaviour with the intent to intimidate, threaten, humiliate, hurt or adversely affect the performance or working conditions of the member.

 

 

4.         Responsibility

4.1        Board/committee members, affiliated club executives, staff, coaches, managers and judges of the CA are responsible for preventing and discouraging harassment by:

• undertaking and upholding the principles of this policy;
• not engaging in behaviour contrary to this policy and ensuring that all members are treated fairly and equitably
• communicating the AC  objective to create and maintain a harassment-free sport;
• not allowing or condoning behaviour contrary to this policy;
• taking all complaints of harassment seriously by investigating complaints in a thorough and sensitive manner and taking prompt action to resolve the situation in accordance with procedures outlined in the following sections.

 

4.2        Any person who has authority to prevent or discourage harassment will be held responsible for failing to exercise this authority.

 

4.3        All members of Archery Canada have a responsibility not to harass any other member. Members who experience harassment are encouraged to make it known to the harasser that the behaviour is offensive and/or to report the incident(s) according to the following complaint procedures. Members who witness harassment or who become aware that a member is being harassed are encouraged to report the incident according to the complaint reporting procedure that follows.

 

 

5.         Complaint Reporting

5.1        AC members who experience harassment are encouraged to make it known to the harasser that the behaviour is offensive and if it continues, report the incident to the AC’s  Vice President of Administration through the FCA national office. If this avenue is either unavailable or inappropriate, complaints may be made directly to:

• any member of the Federation of Canadian Archers Board of Directors or staff   member
• any chair of any Federation of Canadian Archers committee
• any Federation of Canadian Archers coach, judge, or manager
• any executive member of a club affiliated with the Federation of Canadian Archers.

 

5.2        A person who has authority to prevent or discourage harassment is considered responsible for failing to exercise that authority.

 

5.3        In the event that the complaint is lodged against the AC Executive Director, the Vice President of Administration will be responsible for all procedures outlined in the section entitled Complain Investigation and Resolution.

 

5.4        Members are encouraged to report incidents of harassment. Members who bring the incident(s) to the attention of the AC will receive the full support of the Association. Complaints will be addressed in a sensitive, responsible and timely manner. If a member brings a complaint to one of the above and if, after 14 days, the member has not received an interim reply and believes that the complaint has not been satisfactorily resolved, the member should than bring the complaint directly to the Executive Director.

 

5.5   Members who experience harassment because of their sex, race, religion, ethnicity, place of origin, disability, age, sexual orientation or family status are specifically protected under the Human Rights Code and have the right to file their complaint with their Provincial Human Rights Commission. If a member wishes to lay criminal charges, she/he should consult a lawyer. The member has the right to sue under the civil code, anyone who had an opportunity to do something about the harassment.

 

 

6. Complaint Investigation and Resolution

6.1        The complaints reporting procedure sets out to a number of avenues for reporting incidents of harassment. Once a complaint is reported immediate action must be taken as follows:

6.1.1     The complaint must be documented and immediately forwarded to the Executive Director, who must inform the Executive Committee of the complaint as quickly as possible.

6.1.2       The Executive Committee must immediately appoint a tribunal to investigate the incident(s). The tribunal must be impartial. The tribunal members are to have no association or connection whatsoever with the reported incident. If appropriate, the Tribunal Chair will be the Vice-President of Administration. If inappropriate, the AC President will appoint a member of the AC Board of Directors

6.1.3     The complaint must be documented and immediately forwarded to the chair of the tribunal. The tribunal will appoint an investigator

6.1.4   The Executive Director must ensure that an investigation is initiated.

6.1.5     No later than ten (10) days after being appointed, the Tribunal Chair shall recommend to the Executive Director if a hearing is justified in each particular case. A further hearing shall be necessary if the investigator has reasonable grounds for believing that the conduct complained of took place and was harassment.

6.1.6     Upon the Executive Director being informed by the Tribunal Chair that a further hearing is justified, the Executive Director shall immediately advise the Tribunal Chair of the need to appoint a three-member (3) hearing panel as soon as possible. The hearing panel must be independent and must have no association or connection whatsoever with the incident or the individuals involved. In the event that the complaint implicates the Executive Director, the AC Executive Committee will appoint the members

6.1.7     The Chairperson of the hearing panel, via the FCA office within ten (10) days of its establishment, shall receive written submissions from the complainant, at his or her own expense, sent through the national office, setting out in detail the alleged harassment, the arguments establishing the harassment and all evidence in support of the complaint. An individual or documentation assembled from other sources may submit the evidence in the form of sworn affidavits to the national office. Copies of all materials submitted to the hearing panel must be provided to the alleged harasser.

6.1.8     Upon the conclusion of the ten (10) day submission period, the alleged harasser shall then have a further ten (10) days to submit to the hearing panel Chair, via the AC office, a reply, at his or her own expense, sent through the national office, which may include evidence of the same type as permitted to the complainant.

6.1.9     No later than five (5) days after receiving all written documentation the hearing panel shall hear arguments from both the complainant and the alleged harasser, at their own expense. The individuals may appear in person or may be represented by legal counsel. In appropriate circumstances, telephone conference calls are an appropriate mechanism for conducting the oral hearing. Translation costs, if necessary, will be the responsibility or the complainant and alleged harasser.

6.1.10    Within five (5) days of hearing the oral evidence, the members of the hearing panel, after deliberation with each other, which may be by telephone, shall submit their written decision, with reasons, to the Executive Director. The Executive Director will then advise the complainant and the alleged harasser of         the decision of the hearing panel. Copies of the decision and reason will be given to all parties. Should the proceedings implicate the Executive Director, the appointed member of the AC Board shall act instead.

6.1.11    In the event the hearing panel finds in favour of the complainant the matter shall be promptly referred to the AC Executive Committee for determination of appropriate sanctions to be imposed on the harasser. .

6.1.12    As soon as possible but in any even within (10) days of the hearing, the panel shall present its decision to the AC Executive with a copy provided to both the complainant and respondent. This decision shall contain:

• a summary of the relevant facts
• a determination as to whether the acts complained of constitute harassment as defined in this policy
• disciplinary action against the respondent
• measures, if any, to remedy or mitigate the harm or loss suffered by the     complainant, if the act constitutes harassment

The Executive Director shall advise the harasser, in writing, of the sanctions imposed by the Executive Committee

6.1.13   In the event the hearing panel finds that there was no harassment the matter will be at an end.

6.1.14   If the panel determines that the allegations of harassment are false, vexatious, retaliatory or frivolous, their decision may direct disciplinary action against the complainant.

 

6.2        All complaints of harassment must be investigated by the appointed tribunal to determine the nature and circumstances of the incident(s) and to determine appropriate resolution. During the investigation of a complaint the Tribunal shall:

• interview both the complainant and the alleged offender as soon as possible;
• interview any witnesses;
• document the situation accurately and completely;
• state an opinion as to the validity of the complaint;
• inform the AC Executive Committee of the remedial action that was decided, if any
• conduct the investigation with the utmost confidentiality and sensitivity; and
• caution persons who are questioned not to discuss the case with members or employees.

 

6.3        Remedial action shall be taken without delay. Sanctions imposed on the offender must be applied with an understanding of the seriousness of the misconduct and follow the general principles of corrective discipline.

 

6.4          It is the responsibility of the Tribunal to ensure that a complainant who lays a complaint in good faith is neither penalized nor suffers any prejudice as a result of making the complaint. Correspondence pertaining to a complaint shall not be placed on the complainant's personal files.

 

6.5        When determining appropriate disciplinary action, the Panel shall consider factors such as:

• the nature and severity of the harassment
• whether the harassment involved any physical contact
• whether the harassment was an isolated incident or part of an ongoing pattern
• the nature of the relationship between the complainant and harasser
• whether the harasser had been involved in previous harassment incidents whether the harasser admitted responsibility and expressed a willingness to change
• whether the harasser retaliated against the complainant

 

6.6        In recommending disciplinary sanctions, the panel may consider the follo9wing options, singly or in combination, depending on the nature and severity of the harassment:

• verbal apology
• written apology
• letter of reprimand from the organization
• a fine or levy
• referral to counselling
• removal of certain privileges of membership or employment
• demotion or a pay cut
• temporary suspension with or without pay
• termination of employment, contract or position if authority for a determined period of time
• expulsion from membership

 

 

6.7        Appeals

Both the complainant and respondent shall have the right to appeal the decision of the panel

In accordance with AC’s  Appeal Policy

• Either party, within thirty (30) days of being informed by the Executive Director of          the result of the hearing panel, may appeal the decision of the hearing panel       and/or the sanctions imposed by the Executive Committee or the AC Board of Directors. The full Board of Directors will consider the appeal at its next normal meeting. The Board of Directors shall obtain copies of all of the arguments and evidence presented to the hearing panel and shall review this material prior to the next Board Meeting. The complainant and the alleged harasser, or their representatives, shall, at their own expense, have the right to make a further oral presentation at the Board of Directors meeting. The Board of Directors shall have the right to substitute a new sanction and such decision or sanction imposed by the Board of Directors, on appeal, shall be final.

• No member of the Association shall be involved in any fashion on the appeal of any decision in which he was involved, either as an investigator or as a hearing           panel member. Either party may appeal the Board’s decision, at their own expense, to the Sport Dispute Resolution Centre of Canada

 

6.7.1     The SDRCC is available as a last-resort step should all internal AC processes fail to resolve disputes or harassment cases. SDRCC provides independent mediation and arbitration services at a low cost to the defendant and the plaintiff. The SDRCC goal is to avoid litigation. Under the scope of SDRCC:

"Any member of a national sports organization (possibly defined as a Canadian amateur athletic association registered as a charitable amateur athletic organization which may include NSF, MSO, NSC) who is directly affected by a decision of the Board, of any committee of the Board or of any other group or individual who has been delegated authority to make decisions on behalf of the NSO or its Board, has the right to appeal that decision."

6.7.2     Either party may make application to SDRCC only after all internal AC processes have been exhausted.

 

7. Confidentiality

7.1        AC recognizes that it can be extremely difficult to come forward with a complaint of harassment and that it can be devastating to be wrongly convicted of harassment. AC recognizes the interests of both the complainant and the respondent in keeping the matter confidential.

7.2        Information or material in any form, regarding the investigation or circumstances surrounding the investigation, or the results of the investigation, shall only be released or divulged to those persons directly involved with the complaint, these include the complainant, accused/offender, Tribunal chairperson, AC Executive Committee and AC Executive Director. The identity of tribunal members, other than the chairperson, will not be made public.

8.         Prevention / Education

8.1        AC recognises that an education program is an essential component to preventing incidents of harassment. AC  is committed to:

• building awareness, and commit to creating a harassment-free organisation and ensure that awareness is properly reflected in policies and procedures.
• build the commitment into the organisation's culture,-values and mission statement
• include these policies and procedures in manuals, handbooks guides and agreements
• educate individual members identifying steps they're responsible for taking, if they are harassed and provide contacts they can call for help and advice, if they are unable or unwilling to confront the situation themselves.