Abuse and Harassment

ABUSE & HARASSMENT POLICY

HARASSMENT & ABUSE POLICY AND PROCEDURES FOR THE NEW BRUNSWICK AMATEUR HOCKEY ASSOCIATION (NBAHA) Inc.


Policy Statement

1.1

New Brunswick Amateur Hockey Association (NBAHA) is committed to providing a sport and work environment which promotes equal opportunities and prohibits discriminatory practices.



1.2 Harassment is a form of discrimination. Harassment is prohibited by the Canadian Charter of Rights and Freedoms and by human rights legislation in every province and territory of Canada.



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



1.4 Whether the harasser is a director, supervisor, employee, coach, official, volunteer, parent or athlete, harassment is an attempt by one person to assert abusive, unwarranted power over another.



1.5 The New Brunswick Amateur Hockey Association is committed to providing a sport environment free of harassment on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or pardoned conviction.



Note: A special provision in criminal law permits a pardon. An individual must apply for a pardon. A criminal who has served her or his sentence is not considered “pardoned”.



Application & Scope



2.1 This policy applies to all categories of members in the NBAHA, as well as to all individuals participating in activities of or employed by the NBAHA, including, but not limited to, players, officers, convenors, committee members, team managers, trainers, administrators and employees.



2.2 This policy applies to harassment, which may occur during the course of all NBAHA business, activities and events, including, but not limited to competitions, team practices, training camps, exhibitions, meetings and travel associated with these activities.



Definition of Harassment



3.1 Harassment is defined as conduct that is insulting, intimidating, humiliating, offensive or physically harmful. Types of behaviour which constitute harassment include, but are not limited to:



a) Unwelcomed jokes, innuendo or teasing about a person’s looks, body, attire, age, race, religion, sex or sexual orientation.

b) Condescending, patronizing, threatening or punishing actions which undermine self esteem or diminish performance.

c) Practical jokes which cause awkwardness or embarrassment, endanger a person’s safety or negatively affect performance.

d) Unwanted or unnecessary physical contact including touching, patting or pinching.

e) Any form of hazing.

f) Any form of physical assault or abuse.

g) Any sexual offence.

h) Behaviours such as those described above which are not directed towards individuals or groups but which have the effect of creating a negative or hostile environment.



Abuse and Neglect of Minors



4.1 When any person in authority has a reasonable belief that in the course of NBAHA business, activities or events a minor is being abused or neglected, he or she shall report this belief to New Brunswick child protection authorities or Police and shall advise the NBAHA Risk and Safety Management Committee of having made this report.



4.2 NBAHA shall take no further action until such time as the authorities and/or police have concluded their investigation.



4.3 The matter shall then be dealt with as a disciplinary matter pursuant to this policy, and the report of the investigation carried out by authorities may be used as evidence under these proceedings.



Confidentiality



5.1 NBAHA recognizes the sensitive and serious nature of harassment and will strive to keep all matters relating to a complaint confidential. However, if required by law to disclose information, NBAHA will do so. This shall not preclude publication of the final outcome of any matter, where a sanction imposed under this policy includes publication.



Complaint



6.1 A person who experiences harassment, any person who witnesses harassment, or any person who believes that harassment has occurred is encouraged to make it known that the behaviour is unwelcome, offensive and contrary to the values of NBAHA and this policy.



6.2 If confronting the harasser is not possible, or if after confronting the harasser the harassment continues, the matter should be reported to an official of the NBAHA. For the purposes of this policy an official may be a member of the NBAHA Risk and Safety Management Committee or the NBAHA Executive Director.



6.3 Once an incident is reported, the role of the officials is to serve in a neutral, unbiased capacity in receiving the report of the incident, advising the parents/guardians of the incident (if the person who has experienced the harassment is a minor), and assisting in an information resolution of the complaint, where this is appropriate.



6.4 If the official considers that he or she is unable to act in this capacity, the complaint shall be referred to another NBAHA official.



6.5 If informal resolution of the complaint is not appropriate or possible, the person who has experienced or witnessed the harassment, or who believes that harassment has occurred, may make a formal written complaint to NBAHA.



Investigation



7.1 An official who receives a formal written complaint shall advise the President of the NBAHA, who shall appoint an individual to conduct an investigation of the complaint. For serious matters, the investigator should be experienced in harassment matters and investigation techniques, and may be an outside professional.



7.2 The investigator shall carry out the investigation in a timely manner and at the conclusion of the investigation shall submit a written report to the President.



7.3 Within seven days of receiving the written report of the investigator, the President shall decide if the complaint should be dealt with directly, without a hearing, in which case he or she shall direct the appropriate response and the matter shall then be concluded, provided the person complained of is fully informed and is given an opportunity to respond to the complaint.



Referral of Complaint to Local Organization



8.1 Upon receiving a complaint involving a member or members of a local minor hockey organization which is a member of the NBAHA, the Executive Committee may direct that the complaint be handled by the local organization in accordance with its own procedures, or in accordance with procedures which the NBAHA may direct. Furthermore, the NBAHA shall monitor the complaint to ensure that is handled in an appropriate and timely manner.







Incidents Requiring Immediate Response



9.1 This policy shall not prevent a person in authority from taking immediate, informal, corrective and appropriate disciplinary action in response to behaviour that, in his or her view, constitutes a minor instance of harassment.



9.2 Harassment complaints arising during competitions may be dealt with immediately, if necessary, by an NBAHA representative in a position of authority, provided the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident. In such situations, sanctions shall be for the duration of the competition only. Further sanctions may be applied but only after review of the matter in accordance with this policy.



9.3 In the event that an alleged offense is so serious so as to possibly jeopardize the safety of others, the Risk and Safety Management Committee of the NBAHA may immediately remove the alleged offender from NBAHA activities, pending an investigation of the complaint in accordance with this policy.



Hearing



10.1 If the harassment officer of the NBAHA decides that the complaint shall be dealt with by means of a hearing, he shall appoint three individuals to serve as a Panel, and shall appoint one of these persons to serve as the Chairperson of the Panel.



10.2 The Panel shall govern the hearing by such procedures as it may decide, provided that:

a) The Complainant and Respondent shall be given written notice (by courier registered mail) of the day, time and place of the hearing,

b) All parties shall receive a copy of the Investigator’s report,

c) Both the Complainant and Respondent shall be present at the hearing,

d) The Panel may request that witnesses to the incident be present or submit written evidence which is certified by a notary of public.



10.3 If at any point in the proceedings, the Complainant becomes reluctant to continue, it shall be at the sole discretion of the Risk and Safety Management committee to continue the review of the complaint in accordance with this policy.



10.4 After reviewing and deciding the harassment matter, the Panel shall present its findings in a written report to the President, with a copy provided to both the Complainant and the Respondent. This report shall contain:

a) A summary of the relevant facts,

b) A determination as to whether the acts complained of constitute harassment as defined in this policy,

c) Disciplinary action to be taken, if the acts constitute harassment, and

d) Measures to remedy or mitigate the harm or loss suffered by the Complainant, if the acts constitute harassment.



Sanctions



11.1 When directing appropriate disciplinary sanction, the Panel shall consider factors such as:

a) The nature and security 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 harasser

e) The age of the Complainant

f) Whether the harasser had been involved in previous harassment incidents

g) Whether the harasser admitted responsibility and expressed a willingness to change

h) Whether the harasser retaliated against the complainant.



11.2 In directing disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the harassment.

a) Verbal apology

b) Written apology

c) Letter of reprimand from the NBAHA

d) A fine or levy

e) Referral to counseling

f) Removal of certain privileges of membership or employment

g) Temporary suspension with or without pay

h) Termination of employment or contract

i) Suspension of membership

j) Expulsion from membership

k) Publication of the details of the sanction

l) Any other sanction which the Panel may deem appropriate



11.3 Failure to comply with a sanction as determined by the Panel shall result in automatic suspension of membership in the NBAHA or in organizations affiliated with the NBAHA until such time as the sanction is fulfilled.



11.4 Notwithstanding the procedures set out in this policy, any individual participating in NBAHA business, activities or events who is convicted of a criminal offense involving sexual exploitation, invitation to sexual touching, sexual interference, sexual assault, shall face automatic suspension from participating in any activities of the NBAHA for a period of time corresponding to the length of the criminal sentence imposed by the Court and may face further disciplinary action by the NBAHA in accordance with this policy.



11.5 Any individual who is subject to a discipline hearing or sanction may not resign or have their resignation take effect until such time that the matter can be dealt with.



Appeal Procedure



12.1 Both the Complainant and Respondent shall have the right to appeal the decision and sanctions of the Panel, in accordance with the NBAHA’s appeal procedures.