Ontario Swimming Coaches Committee Disciplinary and Complaints Procedures

Transcription

1 Ontario Swimming Coaches Committee Disciplinary and Complaints Procedures Purpose 1. Membership as a Swim Ontario Coach brings with it many benefits and privileges. At the same time, Swim Ontario Member Coaches are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the OSCC Code of Ethics and Conduct, the CSCTA Code of Professional Conduct (available at and Swim Ontario s Constitution, Bylaws, policies, procedures, rules and regulations. Irresponsible behaviour by Swim Ontario Member Coaches can result in severe damage to the integrity of Swim Ontario and OSCC. Conduct that violates these values may be subject to sanctions pursuant to this policy. Application of this Policy 2. This Policy applies to all Swim Ontario Member Coaches as defined in the Swim Ontario Bylaws. 3. This Policy only applies to discipline and complaints that may arise during the course of Swim Ontario or OSCC business, activities and events, including but not limited to, competitions, practices, training camps, travel associated with Swim Ontario and OSCC activities, and any meetings. 4. Discipline matters and complaints arising within the business, activities or events organized by entities other than Swim Ontario and OSCC, will be dealt with pursuant to the policies of these other entities unless accepted by OSCC at its sole discretion or such discipline matters and complaints adversely affect relationships within Swim Ontario or OSCC s work and sport environment and is detrimental to the image and reputation of Swim Ontario and OSCC. 5. The CSCTA Code of Professional Conduct will supersede the OSCC Code of Ethics and Conduct if appropriate; in cases whereby the CSCTA assumes jurisdiction. In the event that CSCTA does not assume jurisdiction or take no action, the OSCC will have the jurisdiction and power to enact enforcement of this policy. 6. This Policy does not prevent an appropriate person having authority from taking immediate, informal or corrective action in response to behaviour that constitutes either an infraction. Further sanctions may be applied in accordance with the procedures set out in this Policy. Reporting a Complaint 7. Any Swim Ontario Member may report to OSCC any complaint of an infraction by a Swim Ontario Member Coach. Such a complaint must be signed and in writing, must be filed within seven (7) days of the alleged incident and must include a $ Bond **payable to the Ontario Swimming Coaches Committee** (to be returned only if the decision of the Ethics Committee is in agreement with the complainant). Anonymous complaints may be accepted upon the sole discretion of OSCC. 8. A Complainant wishing to file a complaint beyond the seven (7) days must provide a written statement giving reasons for an exemption to this limitation. The decision to accept, or not accept, the notice of complaint outside the seven (7) day period will be at the sole discretion of Ethics Compliance Officer. This decision may not be appealed.

2 Ethics Compliance Officer 9. Upon receipt of a complaint, OSCC will appoint an Ethics Compliance Officer to oversee management and administration of complaints submitted in accordance with this Policy and such appointment is not appealable. The Ethics Compliance Officer is not required to be a member of Swim Ontario or OSCC. The Ethics Compliance Officer has an overall responsibility to ensure procedural fairness is respected at all times in this Policy, and to implement this Policy in a timely manner. The Ethics Compliance Officer may consult with other third parties. More specifically, the Ethics Compliance Officer has a responsibility to: a) Conduct a preliminary evaluation of the complaint. b) Determine whether the complaint is frivolous or vexatious and within the jurisdiction of this Policy. If the Ethics Compliance Officer determines the complaint is frivolous or vexatious or outside the jurisdiction of this Policy, the complaint will be dismissed immediately. The Ethics Compliance Officer s decision to the acceptance or dismissal of the complaint may not be appealed. c) Determine that the complaint is best dealt with as a legal matter and in such case refer the matter to the appropriate court or such other jurisdiction. In the event that a complaint is referred to a court or to another jurisdiction, the Ethics Committee may undertake to revisit the complaint once the court or other jurisdictions proceeding is concluded. d) If the Ethics Compliance Officer determines there is validity and jurisdiction related to the complaint, the Ethics Compliance Officer will form the Ethics Committee and follow the procedures in the Policy. Ethics Committee 10. The Ethics Committee shall be a sub-committee of OSCC. The Ethics Committee will have five (5) committee members and shall consist of the at least two (2) Officers of the OSCC, an OSCC member from the Region in which the Respondent coach is located, the Swim Ontario Executive Director or Swim Ontario staff designate, and a Swim Ontario Board member. In case of a conflict of interest involving one of these members, the Chairperson of OSCC shall appoint an alternate member to the committee. Procedure for Hearing 11. The Ethics Committee will determine the format of the hearing, which may involve an oral hearing in person, an oral hearing by telephone, a hearing based on written submissions or a combination of these methods. The hearing will be governed by the procedures that the Ethics Committee deem appropriate in the circumstances, provided that: a) The hearing will be held within the appropriate timeline determined by the Ethics Committee. b) The Parties will be given appropriate notice of the day, time and place of the hearing. c) Copies of any written documents which the parties wish to have the Ethics Committee consider will be provided to all Parties in advance of the hearing in accordance with the appropriate timeline. d) Both Parties may be accompanied by a representative or adviser, including legal counsel. e) The Ethics Committee may request that any other individual participate and give evidence at the hearing. f) If a decision in the Ethics Committee may affect another party to the extent that the other party would have recourse to an appeal in their own right under this Policy, that party will become a party to the appeal in question and will be bound by its outcome. g) Decisions of the Ethics Committee will be by majority vote. Decision 12. After hearing the matter, the Ethics Committee will determine whether an infraction has occurred and if so what appropriate sanction will be imposed. The Ethics Committee s decision will be distributed to all parties, the Ethics Compliance Officer, OSCC and Swim Ontario within fourteen (14)

3 days of the conclusion of the hearing. The decision will be considered a matter of public record unless decided otherwise by the Ethics Committee. 13. Where the Respondent acknowledges the facts of the incident, he or she may waive the hearing, in which case the Ethics Committee will determine the appropriate disciplinary sanction. The Ethics Committee may hold a hearing for the purpose of determining an appropriate sanction. 14. If the Respondent chooses not to participate in the hearing, the hearing may proceed in any event. 15. In fulfilling its duties, the Ethics Committee may obtain independent advice. Penalties 16. In the event the Ethics Committee determines that there has been a violation, any one or combination of penalties may be imposed: a) A letter of reminder of this Code and expected ethical conduct. b) A letter of reprimand. c) A letter of reprimand, with copies to the employer of the Respondent, as applicable. d) A letter as above, with additional copies to Swimming/Natation Canada, or other bodies that govern swimming or coaching (as applicable). e) Permanent letter in the file of the Respondent, to become a part of that Respondent s permanent certification record, to be distributed with information on the Respondent s certification status. f) Temporary suspension of Swim Ontario membership for a defined period of time. g) Indefinite suspension of Swim Ontario membership, to be reviewed at a future time. h) Revocation or suspension of Swim Ontario membership. 17. It is understood that the above are representative penalties only, and may be modified by the Ethics Committee to appropriately fit the circumstances of the violation, and that they are presented in order of severity. 18. Unless the Ethics Committee decides otherwise, any disciplinary sanctions will commence immediately. Failure to comply with a sanction as determined by the Ethics Committee will result in automatic suspension of membership in Swim Ontario until such time as compliance occurs. Serious Infractions 19. The Ethics Compliance Officer may determine that an alleged incident is of such seriousness as to warrant suspension of the Respondent pending a hearing and a decision of the Ethics Committee. Criminal Convictions 20. A Member s conviction for any of the following Criminal Code offenses will result in expulsion from Swim Ontario and/or removal from all Swim Ontario and OSCC competitions, programs, activities and events upon the sole discretion of OSCC: a) Child pornography offences; b) Any sexual offences; c) Any offence of assault; or d) Any offence involving trafficking of illegal drugs or substances listed on the Canadian Anti- Doping Program s Prohibited List. Timelines 21. If the circumstances of the complaint are such that this policy will not allow a timely conclusion, or if the circumstances of the complaint are such the complaint cannot be concluded within the timelines dictated in this Policy, the Ethics Committee may direct that these timelines be revised.

4 Confidentiality 22. The discipline and complaints process is confidential involving only the Parties, the Ethics Compliance Manager, the Ethics Committee and OSCC. Once initiated and until a decision is released, none of the Parties will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings. Complaint of Harassment 23. In the event where a complaint of harassment is filed against a Swim Ontario Member Coach, the Ethics Compliance Officer shall notify the Harassment Officer of Swim Ontario, and the investigation shall proceed based on the policies and procedures outlined in the Harassment Policy of Swimming Natation Canada, as followed by Swim Ontario. The Swim Ontario Harassment Officer and the Ethics Compliance Officer of OSCC shall comprise two thirds of any tribunal struck to investigate the harassment claim, to be joined by a 3rd member, mutually agreed upon by the parties involved. The Ethics Compliance Officer of OSCC shall be the representative of the Ethics Committee on the tribunal, the decision-making authority of which shall supersede that of the Ethics Committee. Appeals 24. The decision of the Ethics Committee may be appealed in accordance with the OSCC s Appeal Policy.

5 Ontario Swimming Coaches Committee Appeal Procedures Definitions 1. These terms will have these meanings in this policy: Appellant - The party appealing a decision. a) Days - Days irrespective of weekends or holidays. b) Respondent - The body whose decision is being appealed. Purpose 2. The purpose of this Policy is to enable disputes with Swim Ontario Member Coaches to be dealt with fairly, expeditiously and affordably, within Swim Ontario and OSCC and without recourse to external legal procedures. Scope and Application of this Policy 3. Any Swim Ontario Member Coach will have the right to appeal a decision of the Ethics Committee, provided there are sufficient grounds for the appeal as set out in Section 8 of this Policy subject to the limits in Section 6 and 10 of this Policy. 4. This Policy will apply to decisions made by the Ethics Committee relating to discipline. 5. This Policy will not apply to decisions relating to: a) Infractions for doping offences which are dealt with pursuant to the Canadian Anti-Doping Program or any successor policy; b) The rules of swimming or disputes over competition rules; c) Policies and procedures established by entities other than Swim Ontario and OSCC; d) Issues of operational structure, staffing, employment or volunteer opportunities; e) Commercial matters; f) Issues of budgeting and budget implementation; g) Discipline matters and decisions arising during events organized by entities other than Swim Ontario and OSCC, which are dealt with pursuant to the policies of these other entities; h) Disputes arising within competitions which have their own appeal procedures; and i) Any decisions made under Sections 6 and 9 of this Policy. Timing of Appeal 6. Swim Ontario Member Coaches who wish to appeal a decision will have seven (7) days from the date on which they received notice of the decision, to submit in writing to the head office of OSCC the following: a) Notice of their intention to appeal; b) Contact information of the Appellant; c) Name of the Respondent; d) Grounds for the appeal; e) Detailed reason(s) for the appeal; f) All evidence that supports the reasons and grounds for an appeal; g) The remedy or remedies requested, and h) A payment of two hundred fifty dollars ($250), which is non-refundable.

6 7. Any party wishing to initiate an appeal beyond the seven (7) day period must provide a written request stating reasons for an exemption to the requirement of Section 6. The decision to allow, or not to allow an appeal outside the 7-day period will be at the sole discretion of the Case Manager appointed by OSCC and may not be appealed. Grounds for Appeal 8. Not every decision may be appealed. Decisions may only be appealed, and appeals may only be heard, on procedural grounds. Procedural grounds are strictly limited to the Respondent: a) Making a decision for which it did not have authority or jurisdiction as set out in the Respondent s governing documents; b) Failing to follow procedures as laid out in the bylaws or approved policies of Swim Ontario or OSCC; and/or c) Making a decision that was influenced by bias, where bias is defined as a lack of neutrality to such an extent that the decision-maker is unable to consider other views or that the decision was influenced by factors unrelated to the substance or merits of the decision. 9. The Appellant will bear the onus of proof in the appeal, and thus must be able to demonstrate, on a balance of probabilities, that the Respondent has made a procedural error as described in Section 8. Case Manager 10. OSCC will appoint a Case Manager to oversee the management and administration of appeals submitted in accordance with this Policy. The Case Manager has an overall responsibility to ensure procedural fairness is respected at all times in this Policy, and to implement this Policy in a timely manner. More specifically, the Case Manager has a responsibility to: a) Determine if appeals lie within the jurisdiction of this Policy; b) Determine if appeals are brought in a timely manner; c) Determine if appeals are brought on permissible grounds; d) Appoint the tribunal to hear appeals; e) Determine the format of the appeal hearing; f) Coordinate all administrative and procedural aspects of the appeal; g) Provide administrative assistance and logistical support to the tribunal as required; and h) Provide any other service or support that may be necessary to ensure a fair and timely appeal proceeding. Screening of Appeal 11. Upon receipt of the notice and grounds of an appeal and the required fee, the Case Manager will review the appeal and will decide whether or not there are sufficient grounds for an appeal. If the Case Manager is satisfied that there are not sufficient grounds for an appeal, the parties will be notified in writing, stating reasons. If the Case Manager is satisfied that there are sufficient grounds for an appeal, then a hearing will take place. This decision is at the sole discretion of the Case Manager and may not be appealed. Appeals Panel 12. If the Case Manager is satisfied that there are sufficient grounds for an appeal, the Case Manager will establish an Appeals Panel (the Panel ) consisting of a single Adjudicator to hear the appeal. In extraordinary circumstances, and at the discretion the Case Manager, a Panel of three persons may be appointed to hear and decide an appeal and in this event, the Case Manager will appoint one of the Panel s members to serve as the Chair.

7 Procedure for the Hearing 13. The Case Manager will determine the format of the hearing, which may involve an oral hearing in person, an oral hearing by telephone, a hearing based on written submissions or a combination of these methods. The hearing will be governed by the procedures that the Case Manager and the Panel deem appropriate in the circumstances, provided that: a) The hearing will be held within the appropriate timeline determined by the Case Manager. b) The Parties will be given reasonable notice of the day, time and place of the hearing. c) Copies of any written documents which the Parties wish to have the Panel consider will be provided to all Parties in advance of the hearing in accordance with the appropriate timeline. d) Both Parties may be accompanied by a representative or adviser, including legal counsel. e) The Panel may request that any other individual participate and give evidence at the hearing. f) If a decision in the appeal may affect another party to the extent that the other party would have recourse to an appeal in their own right under this Policy, that party will become a party to the appeal in question and will be bound by its outcome. g) The hearing will be conducted in the official language of choice of the Appellant. h) In the situation where the hearing is conducted by a Panel consisting of three persons, a quorum will be all three and decisions will be by majority vote. Appeal Decision 14. Within fourteen (14) days of concluding the appeal, the Panel will issue its written decision, with reasons. In making its decision, the Panel will have no greater authority than that of the original decision-maker. The Panel may decide to: a) Reject the appeal and confirm the decision being appealed; or b) Uphold the appeal and refer the matter back to the initial decision-maker for a new decision; or c) To uphold the appeal and vary the decision but only where it is found than an error occurred and such an error cannot be corrected by the original decision-maker for reason of lack of clear procedures, lack of time, or lack of neutrality. 15. The decision will be considered a matter of public record. A copy of this decision will be provided to the Parties, Swim Ontario and OSCC. Where time is of the essence, the Panel may issue a verbal decision or a summary written decision, with reasons to follow, provided the written decision with reasons is rendered with the appropriate timelines. Confidentiality 16. The appeal process is confidential involving only the parties, the Case Manager and the Panel. Once initiated and until a written decision is released, none of the parties or the Panel will disclose confidential information relating to the appeal to any person not involved in the proceedings. Final and Binding Decision 17. The decision of the Panel will be binding on the parties. 18. No action or legal proceeding will be commenced against Swim Ontario, OSCC or its members in respect of a dispute, unless OSCC and Swim Ontario have refused or failed to abide by the provisions for appeal as set out in this policy.