Prcedure Title: Temprary Suspensin and Discipline Prcedure Number: 13020.1 Dcument Owner: Directr f Child and Yuth Safety Apprval Date: Nvember 13, 2013 Apprver: Natinal Leadership Team Related Plicy: Temprary Suspensin and Discipline Plicy # 13020 1. Purpse Printed cpies are fr reference nly. Please refer t the electrnic cpy in Scuts.ca fr the latest versin. 1.1. The purpse f this dcument is t establish perating prcedures fr the fllwing: 1.1.1. temprary suspensins f membership while investigatins are pending; 1.1.2. investigatins t determine if disciplinary actins are required; 1.1.3. disciplinary actins - specifically, verbal reprimands, written reprimands, and terminatins; 1.1.4. reinstatements f membership fllwing terminatins; and 1.1.5. appeals f disciplinary actins. 1.2. Scuts Canada has implemented these prcedures t prvide the safest pssible envirnment fr Canada s yuth t reap the benefits f Scuting and develp int cnstructive and well-runded adults. If yu have any questins regarding these prcedures, cntact yur Cuncil Cmmissiner, Cuncil Yuth Cmmissiner, r Cuncil Executive Directr. Page 1
2. Scpe 2.1. This prcedure applies t all f Scuts Canada s Registered Members wh are required t sign the Cde f Cnduct. As specified in the Vlunteer Screening Plicy, this includes Scuters and ther adults (e.g. B.P. Guild members), Rver Scuts, and members under 18-years f age wh are in a respnsible psitin. 2.2. While the ultimate respnsibility fr each prcedure vests in the respective persn named in this prcedure, this prcedure is nt intended t restrict a respnsible persn s ability t delegate such respnsibility t r seek assistance frm anther persn t perfrm the prcedure. 3. Exemptins 3.1. Any applicatins fr exemptins t this prcedure must be submitted by the Cuncil Executive Directr t the Directr f Child and Yuth Safety. 3.2. Exemptins t this prcedure may be apprved nly in writing by the Chief Cmmissiner, in cnsultatin with the Natinal Yuth Cmmissiner and the Executive Cmmissiner. Page 2
4. Prcedures 4.1. Reprting f a Cmplaint 4.1.1. A member must reprt in writing t the Cuncil Cmmissiner any incident r behaviur that wuld be cause fr temprary suspensin under 4.2.2. 4.2. Temprary Suspensin 4.2.1. The Cuncil Cmmissiner, in cnsultatin with the Cuncil Yuth Cmmissiner and Cuncil Executive Directr, must immediately suspend a member wh is: accused f any serius nn-cmpliance with the Cde f Cnduct; accused f nt reprting an bserved r infrmed vilatin f serius nncmpliance with the Cde f Cnduct as set ut in sectin 4.2.2; charged with a crime; subject t a plice investigatin. 4.2.2. Serius nn-cmpliance with the Cde f Cnduct includes but is nt limited t the fllwing: an act r missin that cntravenes Canadian criminal law; knwing failure t disclse criminal cnvictins r charges that ccur after the member s cmpletin f his r her mst recent plice recrd check; intentinal tuching f a yuth ther than n the hands, arms, shulders, r head, except when medical r activity safety circumstances warrant; Page 3
abuse r explitatin f children r yuth in any way; failure t self-reprt vilatin f the tw-leader rule t the supervising cmmissiner; intentinal vilatin f the tw-leader rule; r a repeated, cntinuus, r flagrant vilatin f any part f the Cde f Cnduct nt referenced abve r any part f BP&P. 4.2.3. The riginal cmplaint frm must be submitted t Natinal Office. See attached Cmplaint Frm. 4.2.4. The Cuncil Executive Directr must prvide a respnse t the cmplainant within 5 days as t what actin has been r will be taken as a result f the cmplaint. The purpse f this update is t enable the cmplainant t determine whether he r she needs t escalate the cmplaint r independently file a plice reprt. 4.2.5. An exemptin t this prcedure must be requested (sectin 3) in a case where there is a cncern that the cmmunicatin with the cmplainant might cmprmise a plice r internal investigatin r wuld invlve disclsing private and cnfidential infrmatin. 4.2.6. If the incident cncerns allegatins r leads t suspicin f child abuse, vilatin f the Child Abuse Preventin plicy (BP&P 7002), vilatin f the Page 4
Bullying and Harassment plicy (BP&P 7001), r a pssible criminal act, the fllwing steps must be taken: The Cuncil Executive Directr must immediately ensure that the apprpriate child prtectin agency and plice have been ntified. If unsure whether t cntact the authrities, the Cuncil Executive Directr must err n the side f cautin and cntact authrities, wh can prvide further directin n next steps r ther agencies t cntact. The Cuncil Executive Directr must frward a recrd f any cmmunicatins with authrities t Natinal Office as sn as pssible. The recrd must state the fllwing: date and time f the cntact; name f the Scuts Canada member making the cntact; name f the persn representing the authrity; if available, the recrd shuld include a summary f the authrity s respnse, badge number, plice cntact infrmatin, case and file numbers; In the case f pen legal prceedings, the Cuncil Executive Directr, in cnsultatin with the Directr f Child and Yuth Safety, must assign an individual t attend curt, cllect all relevant infrmatin, and reprt t the Natinal Office. The Directr f Child and Yuth Safety must fllw up with the authrities, cnfirm full cperatin where pssible, and gather available strategic details frm the plice. Page 5
The Directr f Child and Yuth Safety must review the infrmatin and infrm the Executive Directr f Marketing and Cmmunicatin Services. The Executive Directr f Marketing and Cmmunicatin Services must review the infrmatin and prepare a Crisis Cmmunicatin plan if required. The Directr f Child and Yuth Safety must prvide a case summary t the Chief Cmmissiner, Natinal Yuth Cmmissiner, the Executive Cmmissiner & Chief Executive Officer, and the Deputy Natinal Cmmissiner fr Child and Yuth Safety. 4.2.7. The suspended individual must be infrmed immediately verbally by the supervising Cmmissiner and in writing by the Cuncil Cmmissiner with a letter that (a sample Suspensin Letter is attached) infrms him r her abut the temprary suspensin pending cnclusin f the investigatin; the suspensin is a temprary measure t ensure the cntinued safety f ur members pending cnclusin f the investigatin; the investigatin will be cncluded as expeditiusly as effectively pssible; pending the investigatin s cnclusin, the suspended individual must nt represent himself r herself as a Scuts Canada member and is nt t have cntact with Scuts Canada s children r yuth; Page 6
pending the investigatin s cnclusin, the suspended individual must abide by all suspensin cnditins (listed belw); we will be infrming the suspended individual s Grup Cmmissiner, Area Cmmissiner, and necessary parents t effectuate the temprary ncntact request; there is supprt available fr a suspended individual; and the pssible utcmes f an investigatin lifting f the suspensin, discipline, r terminatin. 4.2.8. A suspended member must nt: participate in any activity cnnected with Scuts Canada whether yuth members are present r nt; participate as a parent in any activity cnnected with Scuts Canada; make cntact with yuth members in persn r using any ther means, unless the yuth member and his r her parent(s)/guardian(s) understand that such cntact between the suspended member and yuth member is being made utside the cntext f their relatinship utside Scuting; enter Scuts Canada premises, including thse rented fr Scuting activities, wear fficial Scuts Canada unifrms r badges; Page 7
represent himself r herself in a manner that wuld indicate he r she is a member f Scuts Canada. 4.2.9. The Cuncil Executive Directr is t prmptly advise the Directr f Child and Yuth Safety abut the suspensin. 4.2.10. The Cuncil Executive Directr is t prmptly advise the Area and Grup Cmmissiners, r the Cmmissiner immediately superir t the suspended individual, abut any suspensin. A written cmmunicatin f this ntificatin must be dcumented and prmptly sent t the Natinal Office. 4.2.11. If the suspended individual is a vlunteer within a Sectin, the remaining Sectin leadership team must be made aware that the subject is suspended and is nt t have further cntact with Scuting yuth. It is the Cuncil Executive Directr s respnsibility t fllw up with the Grup Cmmissiner and make sure that the leadership is aware abut the suspensin and that the suspended individual is in full cmpliance with the suspensin cnditins while under suspensin. A cnfirmatin must be prmptly cmmunicated t the Natinal Office. 4.2.12. An exemptin t this prcedure must be requested (sectin 3) in a case where there is a cncern that the cmmunicatin with the leadership team might cmprmise a plice r internal investigatin r wuld invlve disclsing private and cnfidential infrmatin. 4.2.13. If the suspended individual is a vlunteer within a Sectin, the parents f all yuth within the Sectin must be verbally made aware that the subject is suspended and is nt t have further cntact with Scuting yuth. It is the Cuncil Executive Directr s respnsibility t fllw up with the Area and Page 8
Grup Cmmissiner and make sure that all parents are aware abut the suspensin. A cnfirmatin must be prmptly cmmunicated t the Natinal Office. 4.2.14. An exemptin t this prcedure must be requested (sectin 3) in a case where there is a cncern that the cmmunicatin with the parents might cmprmise a plice r internal investigatin r wuld invlve disclsing private and cnfidential infrmatin. 4.2.15. The suspended individual must be ffered an independent Scuting partner t act as a supprter. Refer t Prcedure 13020.2, which details the prcess f supprting the persn under suspensin. 4.2.16. The suspended individual is t be cded in MyScuts by the Natinal Office as Suspended. 4.2.17. A temprary suspensin will remain in effect until lifted in writing by the Natinal Review Bard. A temprary suspensin will nt nrmally exceed 90 days unless there are extenuating circumstances that warrant an extensin f time specified by the investigating cmmissiner r Directr f Child and Yuth Safety, r where Scuts Canada is awaiting the utcme f a criminal investigatin by plice r ther public authrities. Where an unusual circumstance exists, the Directr f Child and Yuth Safety may apprve an extensin. It is the respnsibility f the Cuncil Executive Directr t request fr an extensin. The request must be submitted in writing t the Directr f Child and Yuth Safety 15 days prir t the 90 r 180 days deadlines. A suspensin cannt be extended beynd 180 days withut the written apprval f the Executive Cmmissiner & Chief Page 9
Executive Officer. Ntwithstanding, suspensins will remain in effect until any related plice investigatins are cmpleted. 4.3. Investigatin 4.3.1. The investigatin must be cnducted in an expeditius manner. 4.3.2. In cases where there is an active plice investigatin, the Cuncil Executive Directr must get apprval frm the Directr f Child and Yuth Safety befre prceeding with the internal investigatin. Sme cnditins might be apprpriate t prevent any interference with the plice investigatin. 4.3.3. An investigatin must be cnducted with cnsiderable discretin and in a manner that will avid undue prejudice and/r unnecessary disrepute t thse cncerned. Certainly cnfidentiality, impartiality, and fairness must be maintained thrughut t the extent pssible. 4.3.4. The Cuncil Cmmissiner, in cnsultatin with the Cuncil Yuth Cmmissiner and Cuncil Executive Directr, must appint the mst qualified investigatin team. 4.3.5. In a case f a cnflict f interest, such as where the Cuncil Cmmissiner r an appinted investigatr supervises the persn being investigated, the Directr f Child and Yuth Safety will appint the apprpriate investigatin team. 4.3.6. The investigatrs must dcument relevant facts and evidence including a written cmplaint against the subject; a descriptin f the incident(s); Page 10
names, addresses, and phne numbers f cmplainants witnesses; places and statements r ther fficial recrds; and significant particulars that will permit the prper cmpletin f the "Cnfidential Infrmatin Frm N. 91-150" attached. 4.3.7. The subject must be infrmed as sn as pssible that the Cuncil is investigating the cmplaint; the nature f the cmplaint(s) with apprpriate particulars; and prvide an pprtunity fr the subject t cmment and respnd t the same. The substance f any cmment/respnse is t be recrded. 4.3.8. An exemptin t this prcedure must be requested (sectin 3) in a case where there is a cncern that the cmmunicatin with the subject might cmprmise a plice r internal investigatin r wuld invlve disclsing private and cnfidential infrmatin. 4.3.9. The Cuncil Executive Directr must cnsult with the Directr Child and Yuth Safety n the cases where there is a request frm the authrities nt t cmmunicate a cmplaint t the subject due t pending criminal r plice prceedings. Scuts Canada will cnsider the request but will always act in a way that will prtect the safety f the yuth entrusted in ur care. 4.3.10. The subject must be interviewed by the investigatin team and must be prvided with a reasnable pprtunity t respnd t any allegatins. 4.3.11. Shuld the subject desire anther persn present during the interview, this request shuld be permitted. If the subject's legal cunsel is present, Page 11
Scuts Canada s legal cunsel must als be present. If the Cuncil cannt btain legal cunsel, ne will be arranged by the Natinal Office. 4.3.12. The investigatrs are nt t turn ver t the suspended individual any written material, the name(s) f the persn(s) wh filed the cmplaint(s), r the identity f any witness. Investigatrs shuld infrm the subject and/r his r her representative that as a private rganizatin Scuts Canada has a prcedure t deal with cmplaints and that the investigatrs are fllwing that prcedure. The investigatrs may prvide a written cpy f this prcedure if requested. 4.3.13. The results f the investigatin must be cnveyed in writing t the Directr f Child and Yuth Safety within 30 days f suspensin (except in circumstances where it wuld be inapprpriate because f pending criminal r plice prceedings). These results shuld include recmmendatins n the actin that shuld be taken tgether with any dcuments and evidence. 4.3.14. The Directr f Child and Yuth Safety must review the investigatin and fllw up with the Cuncil Executive Directr fr any additinal details r infrmatin required t cmplete the investigatin befre submitting fr review by the Natinal Review Bard. 4.4. Review 4.4.1. Upn the cmpletin f the investigatin, the Directr f Child and Yuth Safety is t submit all relevant dcuments and assciated recmmendatin t the Natinal Review Bard. Page 12
4.4.2. The Natinal Review Bard will review the case and, within 30 days, advise the Directr f Child and Yuth Safety f its decisin n whether t lift the suspensin and whether the suspended individual is subject t any disciplinary actin. 4.4.3. The Investigatin Reprt and all relevant dcuments will be kept in strict cnfidence. They will nt be prvided t the cmplainant r the subject. 4.5. Reinstatement 4.5.1. If the Scuts Canada Natinal Review Bard mandates reinstatement, the Cuncil Cmmissiner is t be immediately infrmed thrugh the Cuncil Executive Directr and requested t infrm the subject and his Supervising Cmmissiner depending n the subject s invlvement. 4.5.2. If the subject is a vlunteer at the sectin level, the leaders and parents f all yuth in the related Sectins must be made aware that the subject is nw reinstated. It is the Cuncil Executive Directr s respnsibility t fllw up with the Area and Grup Cmmissiners and make sure that all leaders and parents are aware abut the reinstatement. 4.5.3. The subject t be reinstated must be infrmed immediately in writing by the Cuncil Cmmissiner - see the attached Reinstatement Letter. 4.5.4. The Cuncil Cmmissiner must infrm the cmplainant abut the final decisin. 4.5.5. The MyScuts cding is t be remved fr the reinstated individual by the Natinal Office. Page 13
4.6. Discipline 4.6.1. Incidents f nn-cmpliance with the Cde f Cnduct that d nt result in temprary suspensin f membership may still result in disciplinary actin implemented by the Cuncil. 4.6.2. Verbal Reprimand The reprimand is given by the supervising cmmissiner and must address the area f cncern; The vlunteer must be given an pprtunity t prvide his r her versin f the events; The Cmmissiner must take ntes n the discussin that tk place, as they may be needed if it is necessary t mve n t the next step; The nte n the discussin must be frwarded t the Cuncil Executive Directr fr filling. 4.6.3. Written Warning The Cuncil Cmmissiner, in cnsultatin with the Cuncil Yuth Cmmissiner and Cuncil Executive Directr must send a letter identifying the gap between the desired behaviur/perfrmance and the prblematic behaviur/perfrmance - see the attached Letter f Reprimand. Page 14
The Cuncil Executive Directr must send a cpy f the signed warning letter t the Directr f Child and Yuth Safety. A cpy will be placed in the vlunteer s file. 4.6.4. In a case f a repeated nn-cmpliance where discipline has been implemented and prved t be unsuccessful, the CED must submit a reprt t the Directr f Child and Yuth Safety recmmending the terminatin f the membership. 4.6.5. The Directr f Child and Yuth Safety is t submit the reprt fr the review by the Natinal Review Bard. 4.6.6. Terminatin If the Scuts Canada Natinal Review Bard mandates terminatin, the Cuncil Cmmissiner is t be immediately infrmed thrugh the Cuncil Executive Directr and requested t quickly infrm the subject and the Supervising Cmmissiner depending n the suspended individual's invlvement. It must be made clear t the subject that this terminatin applies in all f Canada and Internatinal Canadian grups. If the subject is a vlunteer at the sectin level, the leaders and parents f all yuth in the related Sectins must be made aware that the subject is nw terminated. It is the Cuncil Executive Directr s respnsibility t fllw up with the Area and Grup Cmmissiners and make sure that all leaders and parents are aware f the terminatin. The subject t be terminated must be infrmed immediately in writing by the Cuncil Cmmissiner - see the attached Terminatin Letter. Page 15
The Cuncil Cmmissiner must infrm the cmplainant abut the final decisin. The terminated individual, including an individual wh is a parent r ther relative f an active yuth member, must nt d the fllwing: participate in any activity cnnected with Scuts Canada whether yuth members are present r nt; participate as a parent in any activity cnnected with Scuts Canada; make cntact with yuth members in persn r using any ther means, unless the yuth member and his r her parent(s)/guardian(s) understand that such cntact between the suspended member and yuth member is being made utside the cntext f their relatinship utside Scuting; enter Scuts Canada premises, including thse rented fr Scuting activities, wear fficial Scuts Canada unifrms r badges; represent himself r herself in a manner that wuld indicate he r she is a member f Scuts Canada. Page 16
Exemptins t these restrictins may be granted under 3.1 and 3.2. It is imprtant t ensure that the terminated member be infrmed f the pprtunity t appeal the decisin. The terminated individual is t be cded in MyScuts by the Natinal Office as Terminated. If a terminated individual applies fr membership, it shuld be made clear in a firm manner that their services are nt acceptable in any capacity in Scuts Canada. N reasn need be given. If the prcess in this prcedure has been carried ut, the individual will be aware f the reasn fr nn-acceptability. Files n the terminated individuals are t be maintained and archived at the Natinal Office. All Cuncil files must be frwarded t the Natinal Office and lcal cpies must be destryed. 4.7. Appeal 4.7.1. A subject whse membership was terminated can appeal their situatin nce within a single 12-mnth perid. 4.7.2. Appeals will nt be granted t anyne that was charged r/and cnvicted f ffences related t child abuse. Page 17
4.7.3. Requests fr appeal must be submitted in writing thrugh the Cuncil t the Directr f Child and Yuth Safety. 4.7.4. Appeals are cnsidered by the Chief Cmmissiner, in cnsultatin with the Natinal Yuth Cmmissiner, and the Executive Cmmissiner & Chief Executive Officer, and are t be accmpanied by supprting dcumentatin with respect t the initial terminatin and as t the present and recent past gd behaviur f the persn, cmmunity and rganizatin invlvement and any ther infrmatin t justify a request fr the reinstatement as a member f Scuts Canada. 4.7.5. The fllwing shall be cnsidered in the appeal prcess: The prcess fllwed with respect t the initial terminatin; Principles f natural justice; The pprtunity prvided t the subject t respnd; 4.7.6. It is nt cntemplated that the appeal prcess will invlve witnesses r testimny. Accrdingly all testimny and representatins must be in writing, i.e. by way f dcumentatin and crrespndence. 4.7.7. The Chief Cmmissiner in his abslute discretin reserves the right t seek additinal infrmatin and/r dcumentatin frm the subject in apprpriate circumstances; hwever, shall be under n bligatin t d s. 4.7.8. Appeal decisins are t be cmmunicated t subjects in writing at the earliest pssible date. Page 18
4.7.9. Appeal decisins made by the Chief Cmmissiner are final. 5. Definitins 5.1. Suspensin The temprary remval f a Scuts Canada member frm the rganizatin pending investigatin and decisin frm the Natinal Review Bard. 5.2. Terminatin- The cancelatin f an subject s membership in Scuts Canada 6. Attachments 6.1. Suspensin letter 6.2. Terminatin letter 6.3. Reinstatement letter 6.4. Letter f Reprimand 6.5. Cmplaint frm Page 19