1.08 Harassment and Abuse Policy
Note: For convenience, this policy uses the term “Complainant” to refer to the person who experiences harassment, even though not all persons who experience harassment will make a formal complaint. The term “Respondent” refers to the person against whom a complaint is made.
1.08.01 Sarnia Hockey Association (SHA) is committed to providing a sports environment which promotes equal opportunities and prohibits discriminatory practices.
1.08.02 Harassment is a form of discrimination. Harassment is prohibited by human rights legislation in each province of Canada. In its most extreme forms, harassment can be an offense under Canada’s Criminal Code.
1.08.03 This policy applies to all categories of members in SHA, as well as to all individuals participating in SHA activities, including, but not limited to, players, officers, conveners, committee members, coaches, team managers, trainers and administrators.
1.08.04 This policy applies to harassment which may occur during all SHA business, activities and events, including but not limited to competitions, team practices, training camps, exhibitions, meeting and travel associated with these activities.
1.08.05 Harassment is defined as conduct which is insulting, intimidating, humiliating, offensive, or physically harmful. Types of behaviors which constitute harassment include, but are not limited to:
1) Unwelcome jokes, innuendo or teasing about a person’s looks, body, attire, age, race, religion, sex or sexual orientation
2) Condescending, patronizing, threatening or punishing actions which undermine self-esteem or diminish performance.
3) Unwanted or unnecessary physical contact including touching, patting, or pinching.
4) Any form of hazing.
5) Any form of physical assault or abuse.
6) Any sexual offense.
7) Behaviors 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.
1.08.06 To ensure that we are a safe space for raising concerns, Hockey Canada has established a new, fully independent, and confidential reporting mechanism for all individuals regarding any incidents involving Hockey Canada sanctioned programming. When any person observes maltreatment or, subjected to maltreatment during SHA business, activities or events they should report it immediately via the Safe Sport link on one of the following websites SHA, ALLIANCE, OHF or HOCKEY CANADA. If the maltreatment is posing an immediate danger to the health and welfare of an individual, law enforcement should be contacted immediately.
1.08.07 SHA shall take no further action until such time as the Independent Third Party (Safe Sport) and/or police have concluded their investigation.
1.08.08 If applicable, 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.
1.08.09 SHA 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, Sarnia Hockey Association will do so. This shall not preclude publication of the final outcome of any matter, where a sanction imposed under this policy includes publication.
1.08.10 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 SHA and this policy.
1.08.11 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 SHA. For the purposes of this policy, an “official” may be a member of the SHA Executive Committee, or the Chairperson.
1.08.12 Once the incident is reported, the role of the official is to serve in a neutral, unbiased capacity in receiving the incident report, advising the parents/guardians of the incident (if the person who has experienced the harassment is a minor) and assisting in an informal resolution of the complaint, where this is appropriate.
1.08.13 If the official considers that he or she is unable to act in this capacity; the complaint shall be referred to the SHA Chairperson.
1.08.14 If informal resolution of the complaint is not appropriate or possible, the person who experienced or witnessed the harassment, or who believes that harassment has occurred, may make a formal written complaint to SHA or report via Safe Sport.
1.08.15 An official who receives a formal written complaint shall advise SHA Chairperson, who shall appoint an individual to investigate or forward the complaint through Safe Sport. For serious matters, the investigator should be experienced in harassment matters and investigation techniques, and may be an outside professional.
1.08.16 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 Chairperson.
1.08.17 Within seven (7) days of receiving the written report of the investigator, the Chairperson 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 personnel complained of is fully informed and is given an opportunity to respond to the complaint.
1.08.18 Upon receiving a complaint involving a member or members of the local minor hockey organization, 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 SHA may direct. Furthermore, SHA Chairperson shall monitor the complaint to ensure that it is handled in an appropriate and timely manner.
1.08.19 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.
1.08.20 Harassment complaints arising during competitions may be dealt with immediately, if necessary, by a SHA 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 situation, 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.
1.08.21 In the event that an alleged offense is so serious to possibly jeopardize the safety of others, the Executive committee may immediately remove the alleged offender from SHA activities, pending an investigation of the complaint in accordance with this policy.
1.08.22 If the Chairperson decides that the complaint shall be dealt with by means of a hearing, he or she shall appoint three individuals to serve as a Panel, and shall appoint one of these persons to serve as the Chairperson of the Panel.
1.08.23 The Panel shall govern the hearing by such procedures as it may decide, provided that:
1) The Complainant and Respondent shall be given written notice of the day, time and place of the hearing.
2) All parties shall receive a copy of the Investigator’s report.
3) Both the Complainant and Respondent shall be present at the hearing.
4) The Panel may request that witnesses to the incident be present or submit written evidence which is certified by a notary public.
1.08.24 If at any point in the proceedings, the Complainant becomes reluctant to continue, it shall be at the sole discretion of the Executive Committee to continue the review of the complaint in accordance with this policy.
1.08.25 After reviewing the harassment matter, the Panel shall present its findings in a written report to the Chairperson, with a copy provided to both the Complainant and Respondent. The report shall contain:
1) A summary of the relevant facts.
2) A determination as to whether the acts complained of constitute harassment as defined in this policy.
3) Disciplinary action to be taken, if the acts constitute harassment; and
4) Measures to remedy or mitigate the harm of loss suffered by the Complainant, if the acts constitute harassment.
1.08.26 When directing appropriate disciplinary sanction, the Panel shall consider factors such as:
1) The nature and security of the harassment.
2) Whether the harassment involved any physical contact.
3) Whether the harassment was an isolated incident or part of an ongoing pattern.
4) The nature of the relationship between the complainant and harasser.
5) The age of the Complainant.
6) Whether the harasser admitted responsibility and expressed a willingness to change.
7) Whether the harasser retaliated against the Complainant.
1.08.27 In directing disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the harassment:
1) Verbal apology.
2) Written apology.
3) Letter of reprimand from SHA.
4) A fine or levy.
5) Referral to counseling.
6) Removal of certain privileges of membership.
7) Temporary suspension.
8) Termination of contract.
9) Suspension of membership.
10) Expulsion from membership.
11) Publication of the details of the sanction.
12) Any other sanctions which the Panel may deem appropriate.
1.08.28 Failure to comply with a sanction as determined by the Panel or Safe Sport Independent Third Party shall result in automatic suspension of membership in SHA or in organizations affiliated with SHA until such time as the sanction is fulfilled.
1.08.29 Notwithstanding the procedures set out in this policy, any individual participating in SHA business, activities or events who is convicted of a criminal offence involving sexual exploitation, invitation of sexual touching, sexual interference, sexual assault, shall face automatic suspension from participating in any activities of SHA for a period of time corresponding to the length of the criminal sentence imposed by the Court, and may face further disciplinary action by SHA in accordance with this policy.
1.08.30 Both the Complainant and Respondent shall have the right to appeal the decision and sanctions of the Panel or Safe Sport, in accordance with Sarnia Hockey Association’s appeal policy.