NSADA HARASSMENT POLICY: HARASSMENT IN SPORT POLICY STATEMENT
1. The Nova Scotia Amateur Diving Association Inc. (NSADA) is committed to providing a sport and work environment in which all individuals are treated with respect and dignity. Each individual has the right to participate and work in an environment that promotes equal opportunities and prohibit discriminatory practices.
Harassment is a form of discrimination. Harassment is offensive, degrading, and threatening. In its most extreme forms, harassment can be an offence under Canada's Criminal Code. 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.
2. This policy applies to all employees, directors, officers, parents, volunteers, coaches, athletes, officials, and members of NSADA. NSADA encourages the reporting of all incidents of harassment, regardless of who the offender may be.
3. This policy applies to harassment that may occur during the course of all NSADA business, activities, and events.
4. Notwithstanding this policy, every person who experiences harassment continues to have the right to seek assistance from their provincial or territorial human rights commission, even when steps are being taken under this policy.
DEFINITIONS
5. Harassment takes many forms but can generally be defined as comment, conduct, or gesture directed toward an individual or group of individuals, which is insulting, intimidating, humiliating, malicious, degrading, or offensive.
6. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submitting to or rejecting this conduct is used as the basis for making decisions which affect the individual; or such conduct has the purpose or effect of interfering with an individual's performance; or such conduct creates an intimidating, hostile, or offensive environment.
7. Types of behavior which constitute harassment include but are not limited to: written or verbal abuse or threats; the display of visual material which is offensive or which one ought to know is offensive; unwelcome remarks, jokes, comments, innuendo, or taunting; leering or other suggestive or obscene gestures; condescending, paternalistic, or patronizing behavior which undermines self-esteem, diminishes performance, or adversely affects working conditions; practical jokes which cause awkwardness or embarrassment, endanger a person's safety, or negatively affect performance; unwanted physical contact including touching, petting, pinching, or kissing; unwelcome sexual flirtations, advances, requests, or invitations, or physical or sexual assault.
8. For the purposes of this policy, retaliation against an individual for having filed a complaint under this policy; or for having participated in any procedure under this policy, for having been associated with a person who filed a complaint or participated in any procedure under this policy, will be treated as harassment, and will not be tolerated.
RESPONSIBILITY
9. The President is charged with the responsibility for implementing this policy and ensuring that: harassment is discouraged within NSADA; formal complaints of harassment are investigated in a sensitive, responsible, and timely manner; appropriate disciplinary or corrective measures are imposed when a complaint of harassment has been substantiated, regardless of the position or authority of the offender; advice is provided to persons who experience harassment including any employee or member of NSADA who experiences harassment by someone who is not an employee or member of NSADA; all members and employees of NSADA are made aware of the problem of harassment, and in particular, sexual harassment, and of the procedures contained in this policy.
10. Every member of NSADA has a responsibility to play a part in ensuring that the NSADA sport environment is free from harassment. This means not engaging in, allowing, condoning, or ignoring behavior contrary to this policy. In addition, any member of NSADA who believes that a fellow member has experienced or is experiencing harassment is encouraged to notify the President.
11. In the event that the President is involved in a complaint that is made under this policy, the NSADA Board of Directors shall appoint a suitable alternate for the purposes of dealing with the complaint.
DISCIPLINARY ACTION
13. Employees or members of NSADA against whom a complaint of harassment is substantiated may be severely disciplined, up to and including employment dismissal or termination of membership.
CONFIDENTIALITY
14. NSADA understands that it can be extremely difficult to come forward with a complaint of harassment and that it can be devastating to be wrongly convicted of harassment. NSADA recognizes the interests of both the complainant and the respondent in keeping the matter confidential.
15. NSADA shall not disclose to outside parties the name of the complainant, the circumstances giving rise to a complaint, or the name of the respondent unless such disclosure is required by a disciplinary or other remedial process or by the laws of Canada; provided that the term "outside parties" shall not include harassment officers duly appointed by NSADA under this policy.
16. Notwithstanding the confidentiality provisions of this policy, in the event that a written complaint is made pursuant to this policy, the effective resolution of the matter will require that the name of the alleged victim of the harassment be released to the person or persons whose actions are the subject of the complaint in order to afford them an opportunity to fully respond.
COMPLAINT PROCEDURE
17. A person who experiences harassment is encouraged to make it known to the harasser that the behavior is unwelcome, offensive, and contrary to this policy.
18. If confronting the harasser is not possible, or if after confronting the harasser the harassment continues, the complainant should seek the advice of the President.
19. The President shall inform the complainant of: the options for pursuing an informal resolution of his or her complaint; the fight to lay a formal written complaint under this policy when an informal resolution is inappropriate or not feasible; the availability of Counseling and other support provided by NSADA; the confidentiality provisions of this policy; the fight to be represented by a person of choice (including legal counsel) at any stage in the complaint process; the external mediation/arbitration mechanisms that may be available; the fight to withdraw from any further action in connection with the complaint at any stage (even though NSADA might continue to investigate the complaint); and other avenues of recourse, including the light to file a complaint with a human fights commission or, where appropriate, to contact the police to have them lay a formal charge under the Criminal Code.
20. There are four possible outcomes to this initial meeting of complainant and President.
(a) The complainant and President agree that the conduct does not constitute harassment. If this occurs, the President will take no further action and will make no formal written record. If the complainant and the President do not reach agreement on whether applicable conduct constitutes harassment, the complainant will retain the fight to proceed with an informal or formal.
(b) In order to proceed with an informal or formal complaint, the complainant will be required to complete a written complaint on the form provided by the President. Once the President received a written complaint, the President is obligated to proceed.
(c) The complainant brings evidence of harassment and chooses to pursue an informal resolution of the complaint. If this occurs, the President will assist the two parties to negotiate a solution acceptable to the complaint. If desired by the parties and if appropriate, the President may also seek the assistance of a neutral mediator. If informal resolution yields a result that is acceptable to both parties, the President will make a written record that a complaint was made and was resolved informally to the satisfaction of both parties, and will take no further action. If informal resolution falls to satisfy the complaint, the complainant will reserve the option of laying a formal written complaint.
(d) The complainant brings evidence of harassment and decides to lay a formal written complaint. If this occurs, the President will provide a copy of the written complaint, signed by the complainant, to the respondent without delay. The written complaint should set out the details of the incident(s), the names of any witnesses to the incident(s), and should be dated and signed. The respondent wi11 be given an opportunity to provide a written response to the complaint, on a response form provided by the President. If the respondent elects to provide a written response, such response will be provided to the President within 14 days of the respondent receiving the written complaint.
(e) If the complainant is under the age of majority, the President will suggest to the complainant that the complainant seek assistance in completing the written complaint.
(f) The complainant brings evidence of harassment but does not wish to lay a formal complaint. If this occurs, the President must decide if the alleged harassment is serious enough to warrant laying a formal written complaint, even if it is against the wishes of the complainant. When the President decides that the evidence and surrounding circumstances require a formal written complaint, the President will issue a formal written complaint and, without delay, provide copies of the complaint to both the complainant and the respondent.
21. Prior to submitting a report to the Board of Directors, the President will conduct an investigation of the matter complained of so that in addition to conducting an in-depth interview of the complainant and the respondent, the President should do the following as circumstances dictate: interview the victim of the alleged harassment if not the complainant; visit and examine the site of the alleged harassment.
22. Upon conducting the investigation referred to paragraph 21 but in any event within 21 days of receiving the complaint, the President shall submit a report to the Board of Directors containing the documentation filed by both parties along with a recommendation that: no further action be taken because the complaint is unfounded or the conduct cannot reasonably be said to fall within this policy's definition of harassment; or the complaint should be investigated further. A copy of this report shall be provided, without delay, to both the complainant and the respondent.
23. In the event that the President's recommendation is to proceed with an investigation, the Board of Directors shall, within 14 days of receiving the President's report, appoint three members of NSADA to serve as a case review panel. This panel shall consist of at least one woman and at least one man. To ensure freedom from bias, no member of the panel shall have a significant personal or professional relationship with either the complainant or the respondent.
24. Within 21 days of its appointment, the case review panel shall convene a hearing. The hearing shall be governed by such procedures as the panel may decide, provided that: the complainant and respondent shall be given 14 days notice, in writing, of the day, time and place of the hearing. Members of the panel shall select a chairperson from among themselves. A quorum shall be all three-panel members. Majority vote decision is not possible, the decision of the chairperson will be the decision of the panel. Both parties shall be present at the hearing to give evidence and to answer questions of the other party and of the panel. If the complainant does not appear, the matter will be dismissed, (unless the complainant decided not to lay a formal complaint, but the President concluded that the evidence and surrounding circumstances were such as to require a formal written complaint). If the respondent does not appear, the hearing will proceed. A representative or adviser may accompany the complainant and respondent. The President may attend the hearing at the request of the panel.
25. Within 14 days of the hearing, the case review panel shall present its findings in a report to the Board of Directors which shall contain: a summary of the relevant facts; a determination as to whether the acts complained of constitute harassment as defined in this policy; recommended disciplinary action against the respondent, if the acts constitute harassment; and recommended measures to remedy or mitigate the harm or loss suffered by the complainant, if the acts constitute harassment.
26. If the panel determines that the allegations of harassment are malicious, their report may recommend disciplinary action against the complainant.
27. A copy of the report of the case review panel shall be provided, without delay, to both the complainant and the respondent.
28. When determining appropriate disciplinary action and corrective measures, the case review panel shall consider factors such as: the nature of the harassment-, whether the harassment involved any physical contact; whether the harassment was an isolated incident or part of an ongoing pattern; the nature of the relationship between complainant and harasser, the age of the complainant; whether the harasser had been involved in previous harassment incidents; whether the harasser admitted responsibility and expressed a willingness to change; and whether the harasser retaliated against the complainant.
29. In recommending disciplinary sanctions, the panel may consider the following options, singly or in combination, depending on the severity of the harassment: a verbal apology; a written apology; a letter of reprimand from NSADA; a fine or levy including restitution of any expenses incurred by the victim or complainant or by NSADA in undertaking remedial action or in conducting the investigation; referral to counseling; removal of certain privileges of membership or employment; demotion or a pay cut; temporary suspension with or without pay; termination of employment or contract; or expulsion from membership.
30. Where the investigation does not result in a finding of harassment, a copy of the report of the case review panel shall be retained by NSADA. These files shall be kept confidential and access to them shall be restricted to the President.
31. Where the investigation results in a finding of harassment, a copy of the report of the case review panel shall be retained by NSADA. Unless the findings of the panel are overturned upon appeal, this report shall be retained for a period of ten years, unless new circumstances dictate that the report should be kept for a longer period of time.
PROCEDURE WHERE A PERSON BELIEVES THAT A COLLEAGUE HAS BEEN HARASSED
32. Where a person believes that a NSADA member has experienced or is experiencing harassment and reports this belief to the President, the President shall contact the person who is said to have experienced harassment and shall then proceed in accordance with Section 19.
APPEALS
33. Both the complainant and respondent shall have the right to appeal the decision and recommendations of the case review panel. A notice of intent along with grounds for the appeal must be provided to the chairperson of the case review panel within 14 days of the complainant or respondent receiving the panel's report.
34. 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 was grossly unfair or unreasonable.
35. In the event that a notice of appeal is filed, the Board of Directors shall, within 14 days, appoint a minimum of three members to constitute the appeal body. This appeal body shall consist of at least one woman and at least one man. These individuals must have no significant personal or professional involvement with either the complainant or respondent, and no prior involvement in the dispute between them.
36. The appeal body shall base its decision solely on a review of the documentation surrounding the complaint, including the complainant's and respondent's statements if any, the reports of the President and the case review panel, and the notice of appeal.
37. Within ten days of its appointment, the appeal body shall present its findings in a report to the Board. The appeal body 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.
38. A copy of the appeal body's report shall be provided, without delay, to the complainant and respondent.
39. The decision of the appeal body shall be final.
REVIEW AND APPROVAL
40. The Board of Directors shall review this policy on an annual basis.
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