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Respect in Sport Policy Template – Download PDF here: Respect in Sport Policy Template
Purpose of the Policy:
1. Biathlon Manitoba is committed to creating a sport environment in which all individuals are treated with respect and dignity. Coaches have a responsibility to create a sporting environment that is free of harassment and abuse.
2. Biathlon Manitoba requires that all coaches participating in Biathlon have completed the online Respect in Sport as required by Sport Manitoba.
Scope and Application:
1. The policy applies to all coaches registered with; or named on an official sport roster; or under the jurisdiction of Biathlon Manitoba
- Any coach not having completed the program or maintained certified status in the timeframe established by Biathlon Manitoba] may be removed as a coach until such time that the course is completed.
- The Board of Directors of Biathlon Manitoba] is responsible for setting out the communication and timing of course completion and recertification.
Non-compliance of this policy may result in further discipline as determined by the Board of Directors
Review and Approval:
This policy was approved by the Board of Directors on May 21, 2008 and will be reviewed by the Executive Committee onan annual basis.
General Code of Conduct – Download PDF here: Code of Conduct Biathlon Manitoba
Revised February 14, 2012
CODE OF CONDUCT
** This Code of Conduct replaces and supersedes all pre-existing alternate codes of conduct posted on the PSO’s website prior to [November 20.2012 Approved by Biathlon Manitoba Board of Directors, Jan 15th, 2013
- The following terms have these meanings in this Code:
- “Individuals” – All categories of membership defined in PSO’s By-laws, as well as, all individuals engaged in activities with the PSO, including but not limited to, clubs, athletes, coaches, officials, volunteers, managers, administrators, directors and officers of the PSO, spectators of PSO events and parents of PSO members.
- PSO – Biathlon Association of Manitoba
- The purpose of this Code of Conduct (“Code”) is to ensure a safe and positive environment (within PSO programs, activities, and events) by making all Individuals aware that there is an expectation, at all times, of appropriate behavior consistent with the values of the PSO, as set out in section 3 of this Code.
- The PSO is committed to providing an environment in which all individuals are treated with respect. The PSO supports equal opportunity and prohibits discriminatory practices. Individuals are expected to conduct themselves at all times in a manner consistent with the values of the PSO that include fairness, integrity, accountability, excellence, accessibility, innovation, and respect.
- Conduct that violates this Code may be subject to sanctions pursuant to the PSO’s Discipline and Complaints Policy.
Application of this Code
- This Code applies to conduct that may arise during the course of PSO business, activities, and events, including but not limited to: its office environment, competitions, practices, training camps, tryouts, travel, and any meetings of the PSO.
- This Code also applies to the conduct of Individuals that may occur outside of the PSO’s business, activities, events, and meetings when such conduct adversely affects relationships within the PSO (and its work and sport environment) and is detrimental to the image and reputation of the PSO. Such applicability will be made by the PSO in its sole discretion.
- All Individuals have a responsibility to:
- Maintain and enhance the dignity and self-esteem of PSO members and other Individuals by:
- Demonstrating respect to individuals regardless of body type, physical characteristics, athletic ability, gender, ancestry, colour, ethnic or racial origin, nationality, national origin, sexual orientation, age, marital status, religion, religious belief, political belief, disability or economic status
- Focusing comments or criticism appropriately and avoiding public criticism of athletes, coaches, officials, organizers, volunteers, employees and members
- Consistently demonstrating the spirit of sportsmanship, sport leadership and ethical conduct
- Acting, when appropriate, to prevent or correct practices that are unjustly discriminatory;
- Consistently treating individuals fairly and reasonably
- Ensuring adherence to the rules of Biathlon Manitoba and the spirit of those rules
- Refrain from any behavior that constitutes harassment, where harassment is defined as comment or conduct directed towards an individual or group, which is offensive, abusive, racist, sexist, degrading, or malicious. Types of behavior that constitute harassment include, but are not limited to:
- Written or verbal abuse, threats or outbursts
- The display of visual material which is offensive or which one ought to know is offensive in the circumstances
- Unwelcome remarks, jokes, comments, innuendo or taunts
- Leering or other suggestive or obscene gestures
- Condescending or patronizing behavior which is intended to undermine self-esteem, diminish performance or adversely affect working conditions
- Practical jokes which cause awkwardness or embarrassment, endanger a person’s safety, or negatively affect performance
- Any form of hazing where hazing is defined as “Any potentially humiliating, degrading, abusive, or dangerous activity expected of a junior-ranking athlete by a more senior team-mate, which does not contribute to either athlete’s positive development, but is required to be accepted as part of a team, regardless of the junior-ranking athlete’s willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any team-mate based on class, number of years on the team, or athletic ability.”
- Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing
- Unwelcome sexual flirtations, advances, requests, or invitations
- Physical or sexual assault
- Behaviors such as those described above that are not directed towards a specific individual or group but have the same effect of creating a negative or hostile environment
- Retaliation or threats of retaliation against an individual who reports harassment to the PSO
- Refrain from any behavior that constitutes sexual harassment, where sexual harassment is defined as unwelcome sexual comments and sexual advances, requests for sexual favors, or conduct of a sexual nature. Types of behavior that constitute sexual harassment include, but are not limited to:
- Sexist jokes
- Display of sexually offensive material
- Sexually degrading words used to describe a person
- Inquiries or comments about a person’s sex life
- Unwelcome sexual flirtations, advances or propositions
- Persistent unwanted contact
- Abstain from the non-medical use of drugs or the use of performance-enhancing drugs or methods. More specifically, the PSO adopts and adheres to the Canadian Anti-Doping Program. Any infraction under this Program shall be considered an infraction of this Code and shall be subject to disciplinary action, and possible sanction, pursuant to the PSO Discipline and Complaints Policy. The PSO will respect any penalty enacted pursuant to a breach of the Canadian Anti-Doping Program, whether imposed by the PSO or any other sport organization
- Refrain from associating with any person for the purpose of coaching, training, competition, instruction, administration, management, athletic development or supervision of the sport of competitive Biathlon, who has incurred an anti-doping rule violation and is serving a sanction involving a period of ineligibility imposed pursuant to the Canadian Anti-Doping Program and/or the World Anti-Doping Code and recognized by the Canadian Centre for Ethics in Sport (CCES)
- Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities
- In the case of adults, avoid consuming alcohol in situations where minors are present, and take reasonable steps to manage the responsible consumption of alcoholic beverages in adult-oriented social situations associated with PSO events
- Respect the property of others and not willfully cause damage
- Promote Biathlon in the most constructive and positive manner possible
- Adhere to all federal, provincial, municipal and host country laws
- Comply at all times with the bylaws, policies, procedures, rules and regulations of the PSO, as adopted and amended from time to time.
Board/Committee Members and Staff
- In addition to paragraph 7 of the PSO Code of Conduct (above), Board and Committee Members and Staff will:
- Function primarily as a member of the board and/or committee(s) of the PSO; not as a member of any other particular member or constituency
- Act with honesty and integrity and conduct himself or herself in a manner consistent with the nature and responsibilities of PSO business and the maintenance of Member confidence
- Ensures that the financial affairs of the PSO are conducted in a responsible and transparent manner with due regard for his or her fiduciary responsibilities
- Conduct oneself openly, professionally, lawfully and in good faith in the best interests of the PSO
- Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward or fear of criticism
- Behave with decorum appropriate to both circumstance and position and be fair, equitable, considerate and honest in all dealings with others
- Keep informed about the activities of the PSO, the provincial sport community, and general trends in the sectors in which it operates
- Exercise the degree of care, diligence and skill required in the performance of his or her duties pursuant to the laws under which the PSO is incorporated
- Respect the confidentiality appropriate to issues of a sensitive nature
- Ensure that all Members are given sufficient opportunity to express opinions, and that all opinions are given due consideration and weight
- Respect the decisions of the majority and resign if unable to do so
- Commit the time to attend meetings and to be diligent in preparation for, and participation in, discussions at such meetings
- Have a thorough knowledge and understanding of all PSO governance documents
- Conforms to the bylaws and policies approved by the PSO, in particular this Code of Conduct as well as, for Directors, the Conflict of Interest Policy and Confidentiality Agreement
- In addition to paragraph 7 of the PSO Code of Conduct (above), Clubs will:
- Deliver their services in compliance with the constitution, bylaws, policies, rules, regulations and procedures of the PSO, and, where necessary, amend their own rules to comply with those of the PSO
- Ensure that all athletes and coaches participating in sanctioned competitions are registered Members, in Good Standing, of their respective organizations
- Engage only authorized coaches and sanctioned athletes
- In addition to paragraph 7 of the PSO Code of Conduct (above), coaches have additional responsibilities. The coach-athlete relationship is a privileged one and plays a critical role in the personal, sport, and athletic development of the athlete. Coaches must understand and respect the inherent power imbalance that exists in this relationship and must be extremely careful not to abuse it, consciously or unconsciously. Coaches will:
- Meet the highest standards of credentials, integrity and suitability, including but not limited to such considerations established by the PSO Screening Policy, so that the community is satisfied it has minimized the risk of an unsafe environment
- Report any ongoing criminal investigation, conviction or existing bail conditions, including those for violence; child pornography; or possession, use or sale of any illegal substance
- Under no circumstances provide, promote or condone the use of drugs (other than properly prescribed medications) or performance-enhancing substances and, in the case of minors, alcoholic beverages and/or tobacco
- Respect all other teams and athletes from other teams and, in dealings with them, not encroach upon topics or actions which are deemed to be within the realm of ‘coaching’, unless first receiving approval from the coach who is responsible for the team or athlete(s) involved
- Not engage in a sexual relationship with an athlete of under the age of 18 years, or an intimate or sexual relation with an athlete over the age of 18 if the coach is in a position of power, trust or authority over such athlete
- Recognize the power inherent in the position of coach and respect and promote the rights of all participants in sport. This is accomplished by establishing and following procedures for confidentiality (right to privacy), informed participation, and fair and reasonable treatment. Coaches have a special responsibility to respect and promote the rights of participants who are in a vulnerable or dependent position and less able to protect their own rights
- Dress professionally, neatly and inoffensively
- Use inoffensive language, taking into account the audience being addressed
- In addition to paragraph 7 of the PSO Code of Conduct (above), athletes will have additional responsibilities to:
- Report any medical problems in a timely fashion, where such problems may limit the athlete’s ability to travel, train or compete
- Participate and appear on time, well nourished and prepared to participate to one’s best abilities in all competitions, practices, training sessions, events, activities, or projects
- Properly represent oneself and not attempt to enter a competition for which one is not eligible, by reason of age, classification, or other reason
- Adhere to the PSO’s rules and requirements regarding clothing and equipment
- Never ridicule a participant for a poor performance or practice
- Act in a sportsmanlike manner and not display appearances of violence, foul language, or gestures to other players, officials, coaches, or spectators
- Dress in a manner representative of the PSO with focus being on neatness, cleanliness, and discretion. Designated official clothing, if applicable, must be worn when traveling and competing
- Act in accordance with the PSO’s policies and procedures and, when applicable, additional rules as outlined by coaches or chaperones
- In addition to paragraph 7 of the PSO Code of Conduct (above), officials will have additional responsibilities to:
- Accept an assignment to officiate at a match only if one intends to honour that commitment. If, for any reason, one is unable to attend, let the person in charge of officials know as soon as possible
- Be fair and objective
- Avoid situations in which a conflict of interest may arise
- Be as impartial, unobtrusive and inconspicuous as possible
- Conduct all events according to the rules of the PSO
- Make independent judgments
Parents/Guardians and Spectators
- In addition to paragraph 7 of the PSO Code of Conduct (above), parents/guardians of Individuals and Spectators at events will:
- Encourage athletes to play by the rules and resolve conflicts without resorting to hostility or violence
- Never ridicule a participant for a poor performance or practice
- Respect the decisions and judgments of officials and encourage athletes to do the same
- Not question the judgment or honesty of an official or an PSO staff member
- Respect and show appreciation to all competitors and to the coaches, officials, and other volunteers who give their time to the sport
- Keep off of the competition area and not interfere with events or calls
Travel – Download PDF here: Athlete Code of Conduct for Travel
Biathlon Association of Manitoba (Biathlon Manitoba)
Athlete Code of Conduct
For travel and commitment with the provincial team.
All members of the Biathlon Manitoba team are expected to conduct him or herself in a manner that will serve as an example to others. Inappropriate and intolerable behaviour will be dealt with in a suitable manner.
All members of the Biathlon Manitoba team must:
-Understand and respect the rules and perform to the best of their ability,
-Respect the decisions made by team head coach as final,
-Be responsible for their own equipment and all travel and accommodation arrangements under supervision of team coaches,
-Use good judgment as to appropriate behaviour, including social, physical, and, emotional.
CODE OF ETHICS
Any disrespectful, offensive, abusive, racist, and sexist comments or behaviour by any team members will not be tolerated.
Participants must adhere to the curfew as set out by the team coaches.
Drugs, doping penalties and fair play
Team members must strongly embrace the concept of Fair Play in Sport and unequivocally refrain from cheating, including the use of substances and methods banned by Biathlon Canada and the Canadian Center for Ethics and Sport.
Biathlon Manitoba recognizes the Canadian Policy on Penalties for Doping in Sport and will honour suspensions of athletes determined to have committed doping or doping related infractions.
Alcohol and tobacco
Athletes shall not consume alcohol nor use any tobacco products at any time during involvement with the team for the duration of this contract.
Any other behaviour deemed inappropriate by the coaches and race host committee shall result in disciplinary action.
PROCEDURE FOR DISCIPLINE
The head coach, in consultation with the assistant coaches and team representative shall determine appropriate disciplinary procedures. The head coach will document all minor infractions. A copy will be made available to the Technical Committee of the Biathlon Manitoba Board of Directors as soon as possible. The Technical Committee will decide final disciplinary action.
Athletes wishing to appeal any decision of the Technical Committee regarding any disciplinary action given must do so by filing a Notice of Appeal. Reference must be made to the specifics of the incident in question, by stating athlete’s name, date of infraction, and details. This must be submitted within one week from notice given by the Technical Committee.
The Biathlon Manitoba Board of Directors will select a neutral Appeals Committee to review this.
The Appeals Committee will give decision one week after receipt of appeal. The appeals committee’s decision will be final.
I agree to participate at the (name of event) ________________________
Place of events ______________________________________________
Date of events ______________________________________________
I hereby agree to the above stated terms and conditions of travel and commitment with the team.
___________________________ Dated _________________________
Parent’s signature if under 18 years of age
___________________________ Dated _________________________
BINGO – Download PDF here: BINGO POLICY Oct 24,2013
Biathlon Association of Manitoba Inc.
Bingo Policy (Approved by Bam Board, October 24,2013 )
Biathlon Association of Manitoba (BAM) is a participant in the bingos allocated by Sport Manitoba and the Manitoba Lotteries Commission (MLC). BAM has agreed to allow its members to share in the funds raised from this activity. The spirit and intent of this policy is to ensure that BAM remain a MLC bingo participant and that sharing of bingo credits is managed in a fair fashion in keeping with BAM purposes.
Bingo credits must be spent according to the Sport Manitoba Expenditure Policy limited to further the sport of biathlon.
Items included are:
- Sport equipment (purchased or rented)
- Travel costs for participants involved in biathlon events and activities.
- Special project costs associated with a race, clinic, etc.
- Training expenses
- Coaches or officials development
One member from BAM reporting to the BAM Board of Directors will act as the bingo coordinator.
Bingo credits will only be granted to BAM members who are active / current members.
Non members who may be called on or volunteer to work bingos can donate credits earned to an active member.
If a non member works a bingo and chooses not to assign the credits, these credits will go to BAM.
Limitation on Credits:
A member, who has accumulated credits in the bingo account and ceases to be a member of BAM for a period greater than one year, will have all credits revert back to BAM.
Volunteers who work bingos will be granted a bingo credit of 50 credits for each bingo worked. Members who make a commitment to work a bingo and fail to attend will be penalized 50 credits from current or future balances.
Allocation of Bingos:
The bingo coordinator will offer all members equal opportunities to work bingos by using a rotational roster to secure volunteers to work.
The number of spots allocated to each participating member shall be based on the total number of registered members or program participants.
A rotation schedule will be provided for the bingo contacts.
Bingo dates are received at the BAM office from the MLC approximately four weeks before each identified quarter; the Bingo Chairperson will then be in touch with the membership to co-ordinate bingo sign-up.
Bingo Sub-Committee Chairperson will provide the BAM office a list of volunteers at least three working days before the bingo.
An infraction shall be considered a written report from BAM and/or MLC to the
Bingo Sub-Committee Chairperson in regards to the behavior or absence of a volunteer while working a bingo or other non-compliance in regards to the bingo policy.
On the first infraction of a volunteer being late (which is defined as arriving after the start of the volunteers beginning working on the floor), the member will forfeit their share of the credits for that spot(s) and be given a written warning. A second occurrence will result in the loss of credits and an additional penalty of 25 credits.
On the first infraction of a volunteer being absent, the club/program will forfeit their share of the credits for that spot(s) and be given a written warning. A second occurrence will result in the loss of credits and a penalty 50 credits.
Should BAM be put on probation because of any infraction, the offending member(s) will be suspended from working further bingos until reinstated by the BAM Board of Directors.
The Bingo Sub-Committee Chairperson will be responsible for ensuring that the required number of volunteers are present at the set times and locations.
Workers must be a minimum of 18 years of age to participate and have photo id on them.
All workers are required to sign in on the Bingo attendance sheet upon arrival. Failure to do so will result in disciplinary action.
On arrival and after signing in, volunteers are required to go to the area designated by MLC staff until their assigned jobs begin. This is to ensure that the Bingo patrons are not disturbed.
The Bingo Chairperson must turn in the attendance sheet to the BAM office and submit a brief report if problems arose to the sub-committee chair within 5 days following the bingo date.
All workers require total integrity, as any shortages will be reflected on BAM and on all members’ further opportunities of participating.
Harassment Policy – Download PDF here: BAM Harassment Policy
BIATHLON ASSOCIATION OF MANITOBA INC.
– ANTI-HARASSMENT / ANTI-ABUSE POLICY –
It is the policy of Biathlon Association of Manitoba Inc. (hereafter called BAM) that every individual participating at any level in Biathlon in Manitoba can expect to participate in an environment in which all individuals are treated with respect and dignity. All participants will be afforded a sport environment free of harassment and abuse and will be protected from any form of harassment or abuse including discriminatory harassment based on age, gender, ancestry, place of origin, color, ethnic origin, citizenship, creed, sexual orientation, disability, marital status, or family status. All participants will be protected from harassment or abuse by any other participants (volunteers, coaches, athletes, officials) with whom they may have contact.
There will be zero tolerance for harassment or abuse.
This Policy also includes sexual harassment and gender based harassment, both of which are forms of discrimination based on sex and are prohibited by the Manitoba Human Rights Code.
Neither will BAM accept a hostile or poisoned environment. This may be defined as an atmosphere in which there is behavior, language, audio or visual material or treatment of individuals which undermines their personal power, creates personal discomfort or jeopardizes their aspirations to achieve their personal goals within amateur sport.
BAM will act quickly on any complaint of harassment and/or abuse, brought to its attention. With the goals of resolving the situation fairly and of preventing future occurrences.
BAM will be pro-active in ensuring that its members are aware of all participants’ rights and obligations as outlined in this policy. BAM is committed to the education of all of its members in the area of abuse and harassment.
Discrimination and harassment are contrary to the Human Rights Code of Manitoba and the Canadian Human Rights Act. Abuse is against the Canadian Criminal Code, the Canadian Young Offenders’ Act and the Child and Family Services Act of Manitoba. This Policy does not preclude the reporting of complaints of discrimination or harassment to the Manitoba Human Rights Commission or the Canadian Human Rights Commission, the Criminal courts or Child and Family Services.
Nothing in this policy shall be construed as removing any statutory rights or obligations.
The procedures herein described shall be carried out independently of any investigations conducted by any external agency.
Purposes of the Policy
- The purposes of this Policy are:
a) to maintain an environment that is free from harassment and discrimination;
b) to alert all members and employees of BAM to the fact that harassment and discrimination as defined herein are prohibited by law;
c) to set out the types of behavior that may be considered offensive;
d) to establish a mechanism for receiving complaints and to provide a procedure by which BAM will deal with these complaints.
- This Policy is not intended to constrain social interaction between people in BAM.
- BAM recognizes that its members and employees may be subjected to harassment or abuse by others or may harass or abuse others who conduct business with BAM. In these circumstances BAM acknowledges its responsibility to do all in its power to support and assist the person subjected to such harassment or abuse. BAM will also endeavor, when appropriate or possible to assist respondents in the process defined herein.
- This Policy applies to all employees as well as to all directors, officers and volunteers of BAM. BAM encourages the prompt reporting of all incidents of abuse and harassment, regardless of who the respondent may be.
Responsibility of Sports Administrators, Parents, Coaches, Trainers, Sports Therapists, Referees, Teachers
Anyone in a position of authority, responsibility, supervision, control or management who knows or ought reasonably to know that a person has experienced or is experiencing discrimination, harassment or abuse is required to take reasonable steps to prevent or stop the discrimination, harassment or abuse and to notify either the internal Officer (see Addendum I for definition) and, where appropriate, the authorities (police, Child and Family Services).
The Officer will:
a) advise Complainants and Respondents of all options available for resolution of the complaint;
b) advise Complainants and Respondents of the ability of counseling and other support services provided.
c) Advise as to the right to be represented by legal counsel or any other person of choice at any stage of the process;
d) Advise the right to withdraw from any further action in connection with the complaint (even though BAM may continue to investigate the complaint.);
e) Advise as to other avenues of recourse such as the right to file a complaint with the Manitoba Human Rights Commission or, where appropriate, the right to lay any information under the Criminal Code or the Young Offenders’ Act or to report to Child and Family Services;
f) Advise as to any time limits, which may apply to such other avenues or recourse.
If the Officer is a Complainant or Respondent, the complaint should be made to one of the External Investigator.
If one of the Investigators is a Complainant or Respondent, the complaint should be made to the Officer.
If the Executive Director (or President) of BAM or any member or the Executive of BAM is a Complainant or Respondent, the complaint should be made to the Officer.
- Informal Complaints
Anyone who makes a complaint or who is charged with harassment, discrimination or abuse has the right to bring a supporter to any interview regarding the charge.
The Complainant has the option of having the complaint proceeded with either informally or formally.
Informal resolution may take the form of mediation, conciliation, counseling of one or both of the parties or similar activities.
If an informal resolution acceptable to both the Complainant and the Respondent is reached, the Officer or Executive Director (or President) shall, where appropriate, prepare a Record of Resolution which shall be placed in the disputant’s files and in the files of the Officer or Executive Director (or President).
The Complainant has no responsibility to confront the alleged harasser/abuser but may do so if s/her chooses. If anyone believes that s/he is being harassed or abused wishes, s/he may confront the alleged harasser/abuser either in writing or in person or both. If the Complainant is dissatisfied with the result of the confrontation, s/he may bring the complaint to either the Officer.
- Formal Complaints
Anyone who makes a complaint or who is charged with harassment, discrimination or abuse has the right to bring a supporter to any interview regarding the charge.
The Complainant shall provide a written complaint, with his/her signature, to the Officer and shall be advised that s/her has the right to be represented by legal counsel or other person of choice at any stage of the process. The Officer shall inform one of the Investigators who shall then be involved in the process until it’s resolved.
The Respondent shall be provided with a copy of the complaint and shall respond in writing within seven working days.
The Respondent shall be provided with a copy of this policy.
The Respondent shall be advised of the right to be represented by legal counsel or other person of choice at any stage of the process.
If the Complainant consents, the Investigator may attempt to seek a resolution prior to the initiation of a formal Inquiry.
If a resolution is achieved, which is satisfactory to the disputants, prior to the initiation of a formal Inquiry, the Investigator will advise the Complainant and the Respondent that the complain may still have to be pursued and that disciplinary action may be appropriate.
If the complaint is not resolved, the Consultant will investigate the complaint and will prepare an Inquiry Report, within 10 working days.
A copy of the Inquiry Report shall go to the Complainant, the Respondent and the Executive Director (or President) of BAM.
Suspension or Removal
The Officer or the Consultant may recommend that the Complainant or the Respondent be transferred, suspended, or removed from the situation in question, either temporarily or permanently. If there is an option as to whether to transfer, suspend or remove either the Complainant or the Respondent, the Respondent shall be the first choice to be transferred, suspended or removed. In some circumstances, the Complainant may choose to be transferred, suspended or removed and the Complainant’s wishes should be considered.
The Investigation Report
The Investigation Report should contain:
a) a summary of all the relevant facts;
b) a determination as to whether the acts in question constitute discrimination, harassment or abuse, as defined in this policy;
c) if the act(s) constituted discrimination, harassment or abuse, a recommended disciplinary action against the Respondent;
d) if the complain is frivolous or malicious, a recommended disciplinary action against the Complainant;
e) a determination as to whether the Complaint was as a result of a misunderstanding.
When recommending disciplinary action to be taken, such factors as the following should be considered:
a) the nature of the act;
b) whether any physical contact was involved;
c) whether the act was an isolated incident or part of an ongoing pattern;
d) the nature of the relationship between the Complainant and the Respondent;
e) the relative ages of the Complainant and the Respondent;
f) whether the Respondent had been involved in previous acts of discrimination, harassment or abuse;
g) whether the Respondent retaliated against the Complainant.
A copy of the Investigation Report shall be given to the Complainant, the Respondent and the Executive Director (or President) of BAM.
If the Executive Director (or President) is either a Complainant or a Respondent, a copy of the report shall be given to the President (or Vice-President) of BAM.
A complainant or Respondent who is dissatisfied with the decision of the Investigator or with any disciplinary action taken may appeal to the Executive Director (or President) of BAM, within 30 days of the date on which s/he received notice of the decision or the disciplinary action.
If the Executive Director (or President) is either a Complainant or a Respondent, s/he shall appeal the President (or Vice-President) of BAM.
The notice of appeal shall be in writing and shall set out the grounds for appeal.
Upon receipt of the notice of appeal, the Executive Director (or President) shall send a copy of the notice of appeal, by registered mail, to the last known addresses of the Complainant and of the Respondent.
The Executive Director (or President) shall constitute an Appeal Panel, to consider the appeal.
Both the Complainant and the Respondent may attend at the appeal hearing and they may bring with them all relevant witnesses and other evidence they wish to be considered by the Appeal Panel.
The Appeal Panel shall send a notice of its decision to the last known addresses of the Complainant and the Respondent, by registered mail, within 10 days after completing a hearing.
Frivolous and/or Malicious Complaints
A frivolous and/or malicious complaint is a complaint that is made when the Complaint knows the complaint is false and makes the complaint for the purpose of causing harm to the Respondent. A frivolous complaint constitutes harassment. A frivolous complainant will be disciplined.
Complaints that are made but are determined to be based in a misunderstanding are not frivolous and/or malicious complaints, nor will the Complainant be disciplined.
A complain which is made in good faith but cannot be proved is not a frivolous or malicious complaint, nor will the Complainant be disciplined.
No one in a position of authority, responsibility, supervision, control or management over another, such as a coach, trainer, teacher or therapist, shall have an amorous relationship with a person who is subordinate, such as an athlete. Such relationships greatly increase the chances that the person in the position of power or control will abuse his or her power and sexually exploit the subordinate.
Voluntary consent by the subordinate in such a relationship is highly suspect, given the fundamental asymmetric nature of a relationship. Depending on their age, some minors are unable to give voluntary consent to such a relationship. Moreover, other subordinates may be affected by such unprofessional behavior because it places the person with the power or control in a position to favor or advance a subordinate’s interest at the expense of others and implicitly makes obtaining benefits contingent on amorous or sexual favors.
In such situations, the person in the position of power or control may face serious conflict of interest and should distance him or herself from any decisions that may reward or penalize the subordinate involved. Any person in a position of power or control who fails to withdraw from activities or decisions that may reward or penalize a subordinate with whom the person with power or control has or has had an amorous relationship will be deemed to have violated his or her ethical, and, in some cases, legal obligation to the subordinate, the others involved in the sport and to BAM.
Keeping of Records
Where the Inquiry results in a finding that the complaint of harassment is substantiated, the outcome of the inquiry and any disciplinary action will be recorded in the personnel file of the Respondent.
Where the Inquiry results in a finding that the complaint of harassment is not proved, all records of the complaint shall be removed from the personnel file of the Respondent, unless the Respondent chooses to have the record kept in he/her personnel file.
Where the Inquiry results in a finding that the complaint of harassment has been brought frivolously or maliciously, disciplinary action may be appropriate against the Complainant and the outcome of the Inquiry and the disciplinary action will be recorded in the Complainant’s personnel file.
The Officer and the Consultant will keep all files, notes and records related to any complaint of discrimination, harassment or abuse.
If disciplinary action is required, it shall be the responsibility of the Executive Director (or President).
Anyone against whom a complaint of discrimination or harassment is substantiated may be severely disciplined, up to and including dismissal. This policy will be applied irrespective of seniority.
Anyone who has been found to have brought a complaint maliciously or frivolously may be severely disciplined, up to and including dismissal.
Disciplinary action may include:
a) a written apology;
b) a written reprimand delivered and recorded in a personnel file;
c) referral to counseling;
e) withholding of promotion;
g) suspension with or without pay;
i) responsibility for Complainants’ losses including counseling costs, loss of income and benefits or other expenses;
j) responsibility for all or part of the costs of the investigation.
BAM understands that it is difficult to come forward with a complaint of discrimination, abuse or harassment and recognizes the interest of both the Complainant and the Respondent in keeping the matter confidential.
Confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate under the circumstances. However, confidentiality cannot be guaranteed.
Anonymous complaints cannot be dealt with as Respondents have the right to be given full particulars of any complaint brought against them.
All records, notes and files will be kept confidential except where disclosure is required by a disciplinary or other remedial process, or as is required by law.
Protection Against Retaliation
BAM will not retaliate against any individual who reports harassment, not permit any member or employee to do so.
Protection against retaliation includes any retaliation for:
Retaliation against an individual…
a) having invoked this policy (whether on behalf of one’s self or another individual);
b) having participated or cooperated in any investigation under this policy, or
c) having been associated with a person who has invoked this policy or participated or cooperated in any investigation:
and will be treated as harassment and anyone who retaliates will be subject to disciplinary action.
Harassment by Persons Who are not Members or Employees of BAM
A member or employee of BAM who considers that s/he has been subjected to harassment, discrimination or abuse by a person who is not a member or employee of BAM should seek advice from the Officer and/or Consultant.
The Officer and/or the Investigator will take whatever action is necessary to ensure that BAM fulfills its responsibility to support and assist the person subjected to such harassment.
A complaint made pursuant to this policy must be made, ordinarily, within six months of the most recent alleged incident.
Anyone may make a complaint on behalf of another, within six months from the date of the most recent alleged incident.
The time limitation may be waived, in the discretion of the Board or the Executive Director (or President) as long as neither the Complainant nor the Respondent would be prejudiced by the waiving of the limitation.
An employee athlete, coach, official, volunteer or other participant of a sports activity, who thinks that s/he has been harassed or abused, and who makes an informal or formal complaint.
The alleged perpetrator of the action(s) which the complainant thinks constituted harassment or abuse.
3. The Officer
The role of the Officer is to serve in a neutral, unbiased capacity, to provide information about the resources and support available and to receive simple complaints, assist in informal resolution of complaints and to make recommendations as to further action. The Officer will handle complaints which may be resolved through informal procedures, and refer all other complaints to the Investigator.
The Officer shall be responsible to the Executive Director (or President) of BAM and shall:
a) be responsible for the implementation of this policy;
b) not act as an advocate for any individual in relation to this policy;
c) function as an advocate for the elimination and prevention of discrimination, harassment and abuse;
d) act as a registrar or complaints;
e) act as an investigator of complaints;
f) refer appropriate matters, concerns and investigations to the Investigator;
g) maintain confidential records and statistics on all matters of alleged discrimination, harassment and abuse;
h) report monthly to the Board of BAM through the Executive Director (or President), on the status of the cases pursuant to policy, without names or other identification;
i) act as an education officer;
j) provide an annual report to the Board of BAM, through the Executive Director (or President).
4. External Investigators
BAM will have, in its files, a list of Investigators to whom the Officer may refer individuals when appropriate. The Consultant will be external to BAM and will have no other responsibilities at BAM, other than those pursuant to this policy. The Consultant will have knowledge and expertise in the matters dealt with under this policy. S/he will be available to BAM and the Officer, to assist them in dealing with any complaint made under this policy. All matters that may involve criminal proceedings will be dealt with the Consultant. Any complaints concerning the Board or Executive Director (or President) of BAM will be dealt with by the Consultant.
The Consultant will act as an investigator, when appropriate, and will have responsibility for educational programs, when appropriate.
5. Investigation Report
The product of an investigation completed by the Officer or the Investigator, including, but not limited to, a summary of the details, determination of harassment, and recommended disciplinary action if harassment is found.
Differential treatment on the basis of an individual ancestry, color, perceived race, nationality, national origin, ethnic background or origin, religion, creed or religious belief, religious association or activities, age, sex, gender, physical characteristics, pregnancy, sexual orientation, marital or family status, source of income, political belief, association or activity, physical or mental disability (save and except where such differential treatment is permitted by laws).
Discrimination can be constituted by the effect of action or omission. Intent to discriminate is not a prerequisite to a finding of discrimination.
Discrimination does not include any special programs designed to relieve disadvantage for individuals or groups identified on the basis of the grounds noted above.
7. Discriminatory Harassment
Any unwelcome or abusive comment or conduct concerning an individual’s ancestry, color, perceived race, nationality, national origin, ethnic background or origin, religion, creed or religious belief, religious association or activities, age, sex, gender, physical characteristics, pregnancy, sexual orientation, marital or family status, source of income, political belief, association or activity, physical or mental disability.
8. Abuse of Authority
A form of harassment which occurs when an individual improperly uses the power and authority inherent in his or her position, to endanger or undermine an employee’s or a member’s job, team status or position. It includes such acts or misuses of power as intimidation, threats, blackmail or coercion.
9. Personal Harassment
Any improper behavior by any employee or member of BAM or conducting business with BAM that is directed at and offensive to any member or employee of BAM or conducting business with BAM, and which a person knew or ought reasonably to have known would be unwelcome. It compromises objectionable conduct, comment or display made on either a one time or continuous basis that demeans, belittles or causes personal humiliation or embarrassment.
10. Sexual Harassment
a) One incident or a series of incidents involving unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature;
(i) When such conduct might reasonably be expected to cause insecurity, discomfort, offense or humiliation to another person or group; or
(ii) When submission to such conduct is made implicitly or explicitly a condition for the provision of benefits of any kind; or
(iii) When submission to such conduct is made implicitly or explicitly a condition of sport participation or employment; or
(iv) When submission to or rejection of such conduct is used as a basis for any decision made with respect to employment or sport participation; or
(v) Where such conduct has the purpose or the effect of interfering with a person’s work or sport performance or creating an intimidating, hostile or offensive work or sport environment.
b) Sexual Harassment may include, but is not limited to the following:
-sexist jokes causing embarrassment or offense;
-the display of sexually offensive material;
-sexually degrading words used to describe a person;
-derogatory or degrading remarks directed towards members of one sex or one sexual orientation;
-sexually suggestive or obscene comments or gestures;
-unwelcome inquiries or comments about a person’s sex life;
-unwelcome sexual flirtations, advances, propositions;
-persistent unwanted contact or attention after the end of a consensual relationship;
-requests for sexual favors;
-verbal abuse or threats;
Although sexual harassment typically involves a female Complainant, both males and females can be subjected to sexual harassment by members of either sex. Although sexual harassment is typically committed by a person in a superior position against a person in a subordinate position, people in subordinate or equal positions may also commit sexual harassment.
11. Off-Premises Harassment and Abuse
Work or sport related discrimination, harassment or abuse can occur in places other than the work place or sport place. It can also occur:
a) at work or at sport related social functions;
b) on work or sport related conferences or travel;
c) elsewhere where the individuals involved have a work or sport related relationship.
d) At sporting events, competitions and in training sessions;
e) At the office;
f) Over the telephone or Fax or e-mail or computer;
g) At the organization’s business functions, such as meetings, conferences, training sessions and workshops;
h) Elsewhere, if the person harassed is there as a result of work or sport related responsibilities or a work or sport related relationship.
Protection against all acts of harassment extends to incidents occurring at or away from the workplace or sport venue and during or outside normal working or sport participation hours, provided such acts are committed within the course of employment or participation in the sport, or in the provision of goods, services, facilities or accommodation or where the individuals involved have a work or sport related relationship.
12. Child Abuse
The Manitoba child and Family Services Act defines abuse as an act or omission of a parent or guardian of a child or of a person having care, custody, control or charge of a child where the act or omission results in:
- physical injury to the child;
- emotional disability of a permanent nature in the child or is likely to result in such a disability, or
- sexual exploitation of the child with or without the child’s consent.
The focus of the legislation includes situations involving a parent, guardian, teacher, baby-sitter, day care worker, coach, group leader or anyone in a position of trust with the child.
Neglect occurs when a primary caregiver endangers a child’s welfare by failing to provide for physical, emotional, emotional or medical needs.
14. Physical abuse
Physical abuse is any intentional non-accidental injury of a child.
15. Emotional Abuse
The damaging, by whatever means, of a child’s self-image by an adult responsible for the child’s nurturing or learning, resulting in a decrease in the child’s feeling of personal worth, and thus in his ability to love, to trust and to feel at one with the human race.
16. Sexual Abuse
Sexual abuse is the use of a child for sexual purposes by an adult, or the allowing of such use of a child by a parent, caretaker, or legal guardian. It includes any manual, oral or genital sexual contact or the use of an object for sexual touching or penetration or any other explicitly sexual behaviors that an adult imposes on a child by exploiting the child’s vulnerability and powerlessness.
Sexual abuse is both a child welfare and a criminal offense. Any allegation or suspicion of sexual abuse must be reported to Child and Family Services and the police.
17. Sexual Harassment
The same definition of sexual harassment, as is give, above, in the Definitions section also applies to minors, pursuant to s. 17 of the Child and Family Services Act of Manitoba.
18. Child Abuse Registry
The Director of Child and Family Services maintains a child abuse registry. The Child and Family Services Act, Articles 19 (I) to 19.5 (I) outlines reporting procedures, appeal procedures, etc..
See Appendix II for a copy of the Articles pertaining to the registry.
Any allegations of physical and/or sexual abuse involving an individual under 18 years of age should be reported to the policy or Child and Family Services immediately. Failure to do so may result in criminal charges brought against the individuals who failed to report the incidents.
Any allegations of sexual harassment involving an individual under 18 years of age who is subjected to “aggression or sexual harassment that endangers the life, health or emotional well being of the child” may cause that child to be in need of protection, pursuant to the Child and Family Services Act, s. 17 (2) (f).a