SECTION # 19 CONDUCT POLICY
#19.01. Simcoe and District Minor Hockey expects all directors, officers, team officials, game officials, volunteers, athletes and members to portray the aims and objectives of the corporation as outlined in the Bylaws. Any form of impairment or uncooperative behaviour may be deemed as contrary to the aims and objectives and may warrant disciplinary action.
This policy applies to any conduct which may occur during the course of all Simcoe and District Minor Hockey business, activities and events. This policy shall not prevent a person in authority from taking immediate, informal, corrective disciplinary action in response to behaviour that, in their view, constitutes a minor incidence of harassment.
#19.02. Standard of Behaviour
Unbecoming behaviour due to Impairment:
Impairment is defined as any condition which may impede a person from conducting the duties assigned him/her. Impairment may include, but is not limited to, conditions brought on by alcohol or drugs.
Uncooperative Behaviour:
Uncooperative behaviour is defined as the refusal of any directors, officers, team officials, game officials, volunteers, athletes and members to cooperate with Simcoe and District Minor Hockey in conducting the business of the corporation.
#19.03 Receiving a Complaint
A person who experiences a behaviour offence, any person who witnesses a behaviour offence, or any person who believes that a behaviour offence has occurred is encouraged to make it known that the offence is unwelcome and contrary to this policy. If confronting the offender is not possible, or if after confronting the offender the behaviour continues, the person who has experienced the offence, who has witnessed the offence, or who believes that a behaviour offence has occurred should report the matter in writing, to an official of Simcoe and District Minor Hockey.
For the purposes of this policy, an official is any person in a responsible staff or volunteer position with the organization. Once an incident is reported, the role of the official is to serve in a neutral, unbiased capacity in receiving the report of the incident, advising the parents or guardians of the incident (if the person who has experienced the offence is a minor), and assisting in an informal resolution of the complaint, where this is appropriate. If the official considers that he or she is unable to act in this capacity, the complaint shall be referred to another official who is able and willing to assist.
#19.04 Fact-Finding
If informal resolution of the complaint is not appropriate or possible, and if the person who has experienced or witnessed the behaviour, or who believes that a behaviour offence has occurred decides to pursue a formal complaint, the official shall receive this complaint and shall provide a copy to the Executive. Once the complaint has been reported to the Executive, the official shall then gather facts surrounding the incident by speaking directly with the complainant and the person against whom the complaint (the "respondent") is made, and any witnesses who in the opinion of the official, might have relevant facts or observations about the incident. In addition to providing information to the official, the respondent shall have the opportunity to provide a written statement to the official, if he or she wishes. The results of the fact-gathering shall be summarized by the official in a written report. Upon completion of the fact-gathering stage, the official shall provide copies of the complaint and his/her factual report to the Executive of Simcoe and District Minor Hockey.
#19.05 Procedures for Reviewing Complaints
Within 7 days of receiving these documents, the Executive shall decide if the complaint should be dealt with informally, in which case it shall direct the appropriate response and the matter shall then be concluded.
If the Executive determines that the complaint should be dealt with by means of a hearing, it shall appoint three individuals to serve as a Panel, and shall appoint one of these individuals to serve as the· Chairperson of the Panel.
The Executive shall then, at its sole discretion, and having regard to the nature of the complaint and the potential seriousness of the outcome, determine which of the following procedures shall be used by the Panel to review the complaint.
The Panel shall review the statement of the complainant, the documentation provided by the official, and the statement of the respondent and shall render a decision.
The Executive shall appoint an outside investigator who shall conduct a formal investigation of the incident and shall provide a written report to the Panel. The Panel shall consider this report, as well as the statements of the complainant and the respondent, and the report of the official, and shall then render a decision.
The Executive shall appoint an outside investigator who shall conduct a formal investigation of the incident and shall provide a written report to the Panel. The Panel shall review this report at a hearing with the complainant and respondent present, may ask questions of the complainant and respondent, and may allow the complainant and respondent to ask questions of each other. Following the hearing, the panel shall render its decision.
The Panel shall convene a hearing involving the complainant, respondent and witnesses. The parties shall have an opportunity to present evidence and to cross-examine each other and witnesses. At the conclusion of the hearing, the panel shall render its decision.
In holding a hearing, the Panel shall govern the hearing by such procedures as it may decide.
After reviewing and deciding any behaviour matter, the Panel shall present its findings in a report to the Executive with a copy provided to both the complainant and respondent. This report shall contain:
A summary of the relevant facts;
A determination as to whether the acts complained of constitute a behaviour offence as defined in this policy;
Disciplinary action to be taken, if the acts constitute a behaviour offence;
Measures to remedy or mitigate the harm or loss suffered by the complainant, if the acts constitute a behaviour offence.
#19.06 Imposing Disciplinary Sanctions
The nature and severity of the behaviour.
Whether the behaviour involved any physical contact.
Whether the behaviour offence was an isolated incident or part of an ongoing pattern of behaviour.
The nature of the relationship between the complainant and offender.
The age of the complainant.
Whether the perpetrator had been involved in previous behaviour incidents.
Whether the perpetrator admitted responsibility and expressed a willingness to change.
Whether the perpetrator retaliated against the complainant.
In recommending disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the behaviour:
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 or contract
Expulsion from membership
Publication of the details of the sanction
Any other sanction which the Panel considers appropriate
The Executive of Simcoe and District Minor Hockey may determine that the alleged offence is of such seriousness as to warrant suspension of the member from Simcoe and District Minor Hockey pending a review of the complaint.
#19.07 Appeal Mechanism
Both the complainant and respondent shall have the right to appeal the decision of the Panel. A notice of intention to appeal, along with grounds for the appeal, must be provided to the Executive within 14 days of the complainant or respondent receiving the Panel's report.
Permissible grounds for an appeal are:
The Panel did not follow the procedures laid out in this policy;
Members of the Panel were influenced by bias; or the Panel reached a decision which could not be supported by the evidence, or which was grossly unfair or unreasonable.
The appeal shall be heard by the Executive, who shall base its decision on a review of the documentation surrounding the complaint, including the complainant's and respondent's statements, the report of the official, the report of the investigator and/or the report of the Panel, and the notice of appeal. In deciding the Appeal, the Executive shall have the authority to uphold the decision of the Panel, to reverse the decision of the Panel, and/or to modify any of the Panel's recommendations for disciplinary action or remedial measures.
The decision of the Appeal Body shall be final and binding, and not open to any further intervention by any court with an exception of a review in accordance of the rules of arbitration set out in "Alternate Dispute Resolution Program For Amateur Sport".
In extraordinary circumstances, and at its sole discretion, the Panel may abridge or extend the timelines in this policy.
#19.01. Simcoe and District Minor Hockey expects all directors, officers, team officials, game officials, volunteers, athletes and members to portray the aims and objectives of the corporation as outlined in the Bylaws. Any form of impairment or uncooperative behaviour may be deemed as contrary to the aims and objectives and may warrant disciplinary action.
This policy applies to any conduct which may occur during the course of all Simcoe and District Minor Hockey business, activities and events. This policy shall not prevent a person in authority from taking immediate, informal, corrective disciplinary action in response to behaviour that, in their view, constitutes a minor incidence of harassment.
#19.02. Standard of Behaviour
Unbecoming behaviour due to Impairment:
Impairment is defined as any condition which may impede a person from conducting the duties assigned him/her. Impairment may include, but is not limited to, conditions brought on by alcohol or drugs.
Uncooperative Behaviour:
Uncooperative behaviour is defined as the refusal of any directors, officers, team officials, game officials, volunteers, athletes and members to cooperate with Simcoe and District Minor Hockey in conducting the business of the corporation.
#19.03 Receiving a Complaint
A person who experiences a behaviour offence, any person who witnesses a behaviour offence, or any person who believes that a behaviour offence has occurred is encouraged to make it known that the offence is unwelcome and contrary to this policy. If confronting the offender is not possible, or if after confronting the offender the behaviour continues, the person who has experienced the offence, who has witnessed the offence, or who believes that a behaviour offence has occurred should report the matter in writing, to an official of Simcoe and District Minor Hockey.
For the purposes of this policy, an official is any person in a responsible staff or volunteer position with the organization. Once an incident is reported, the role of the official is to serve in a neutral, unbiased capacity in receiving the report of the incident, advising the parents or guardians of the incident (if the person who has experienced the offence is a minor), and assisting in an informal resolution of the complaint, where this is appropriate. If the official considers that he or she is unable to act in this capacity, the complaint shall be referred to another official who is able and willing to assist.
#19.04 Fact-Finding
If informal resolution of the complaint is not appropriate or possible, and if the person who has experienced or witnessed the behaviour, or who believes that a behaviour offence has occurred decides to pursue a formal complaint, the official shall receive this complaint and shall provide a copy to the Executive. Once the complaint has been reported to the Executive, the official shall then gather facts surrounding the incident by speaking directly with the complainant and the person against whom the complaint (the "respondent") is made, and any witnesses who in the opinion of the official, might have relevant facts or observations about the incident. In addition to providing information to the official, the respondent shall have the opportunity to provide a written statement to the official, if he or she wishes. The results of the fact-gathering shall be summarized by the official in a written report. Upon completion of the fact-gathering stage, the official shall provide copies of the complaint and his/her factual report to the Executive of Simcoe and District Minor Hockey.
#19.05 Procedures for Reviewing Complaints
Within 7 days of receiving these documents, the Executive shall decide if the complaint should be dealt with informally, in which case it shall direct the appropriate response and the matter shall then be concluded.
If the Executive determines that the complaint should be dealt with by means of a hearing, it shall appoint three individuals to serve as a Panel, and shall appoint one of these individuals to serve as the· Chairperson of the Panel.
The Executive shall then, at its sole discretion, and having regard to the nature of the complaint and the potential seriousness of the outcome, determine which of the following procedures shall be used by the Panel to review the complaint.
The Panel shall review the statement of the complainant, the documentation provided by the official, and the statement of the respondent and shall render a decision.
The Executive shall appoint an outside investigator who shall conduct a formal investigation of the incident and shall provide a written report to the Panel. The Panel shall consider this report, as well as the statements of the complainant and the respondent, and the report of the official, and shall then render a decision.
The Executive shall appoint an outside investigator who shall conduct a formal investigation of the incident and shall provide a written report to the Panel. The Panel shall review this report at a hearing with the complainant and respondent present, may ask questions of the complainant and respondent, and may allow the complainant and respondent to ask questions of each other. Following the hearing, the panel shall render its decision.
The Panel shall convene a hearing involving the complainant, respondent and witnesses. The parties shall have an opportunity to present evidence and to cross-examine each other and witnesses. At the conclusion of the hearing, the panel shall render its decision.
In holding a hearing, the Panel shall govern the hearing by such procedures as it may decide.
After reviewing and deciding any behaviour matter, the Panel shall present its findings in a report to the Executive with a copy provided to both the complainant and respondent. This report shall contain:
A summary of the relevant facts;
A determination as to whether the acts complained of constitute a behaviour offence as defined in this policy;
Disciplinary action to be taken, if the acts constitute a behaviour offence;
Measures to remedy or mitigate the harm or loss suffered by the complainant, if the acts constitute a behaviour offence.
#19.06 Imposing Disciplinary Sanctions
The nature and severity of the behaviour.
Whether the behaviour involved any physical contact.
Whether the behaviour offence was an isolated incident or part of an ongoing pattern of behaviour.
The nature of the relationship between the complainant and offender.
The age of the complainant.
Whether the perpetrator had been involved in previous behaviour incidents.
Whether the perpetrator admitted responsibility and expressed a willingness to change.
Whether the perpetrator retaliated against the complainant.
In recommending disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the behaviour:
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 or contract
Expulsion from membership
Publication of the details of the sanction
Any other sanction which the Panel considers appropriate
The Executive of Simcoe and District Minor Hockey may determine that the alleged offence is of such seriousness as to warrant suspension of the member from Simcoe and District Minor Hockey pending a review of the complaint.
#19.07 Appeal Mechanism
Both the complainant and respondent shall have the right to appeal the decision of the Panel. A notice of intention to appeal, along with grounds for the appeal, must be provided to the Executive within 14 days of the complainant or respondent receiving the Panel's report.
Permissible grounds for an appeal are:
The Panel did not follow the procedures laid out in this policy;
Members of the Panel were influenced by bias; or the Panel reached a decision which could not be supported by the evidence, or which was grossly unfair or unreasonable.
The appeal shall be heard by the Executive, who shall base its decision on a review of the documentation surrounding the complaint, including the complainant's and respondent's statements, the report of the official, the report of the investigator and/or the report of the Panel, and the notice of appeal. In deciding the Appeal, the Executive shall have the authority to uphold the decision of the Panel, to reverse the decision of the Panel, and/or to modify any of the Panel's recommendations for disciplinary action or remedial measures.
The decision of the Appeal Body shall be final and binding, and not open to any further intervention by any court with an exception of a review in accordance of the rules of arbitration set out in "Alternate Dispute Resolution Program For Amateur Sport".
In extraordinary circumstances, and at its sole discretion, the Panel may abridge or extend the timelines in this policy.
