Boxing Ontario’s UCCMS Safe Sport Policy

Statement on Safe Sport

Boxing Ontario (“BO”) has a fundamental obligation and responsibility to protect the health, safety and physical and mental well-being of every individual that is involved in the Canadian boxing community.

BO takes situations involving misconduct or maltreatment very seriously. For this reason, BO is committed to enacting and enforcing strong, clear, and effective policies and processes for preventing and addressing all forms of misconduct or maltreatment.

BO’s policies are intended to promote a Safe Sport environment in a manner that allows for consistent, immediate, appropriate, and meaningful action should any issues arise. They are also intended to prevent issues from arising in the first place by communicating expected standards of behaviour.

Should any individuals involved with BO, including but not limited to Athletes, coaches, officials, volunteers, and parents/guardians of Athletes, wish to report any instance of misconduct or maltreatment, they may do so directly to the appropriate party designated by the policies set out below, who will then determine the appropriate forum and manner to address the complaint.

BO makes the following commitments to a sport environment free from Maltreatment:

a) All Participants in sport can expect to play, practice, and compete, work, and interact in an environment free from Maltreatment.

b) Addressing the causes and consequences of Maltreatment is a collective responsibility and requires the deliberate efforts of all Participants, sport stakeholders, sport club administrators and organization leaders.

c) Participants in positions of trust and authority have the general responsibility to protect the health and well-being of all other Participants.

d) Adult Participants have a specific ethical and statutory duty and the additional responsibility to respond to incidents of Maltreatment involving Minors and other Vulnerable Participants.

e) All Participants recognize that Maltreatment can occur regardless of age, sex, sexual orientation, gender identity or expression, race, ethnicity, Indigenous status, or level of physical and intellectual disability and their intersections. Moreover, it is recognized that those from traditionally marginalized groups have increased vulnerability to experiences of Maltreatment.

f) All Participants recognize that individuals who have experienced Maltreatment may experience a range of effects that may emerge at different time points and that can profoundly affect their lives.

g) All adults working with children and youth have a duty to prevent or mitigate opportunities for misconduct.

h) In recognition of the historic vulnerability to discrimination and violence amongst some groups, and that continues to persist today, Participants in positions of trust and authority have a duty to incorporate strategies to recognize systemic bias, unconscious bias, and to respond quickly and effectively to discriminatory practices.

Code of Conduct and Ethics

BO recognizes the development of the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS). Although the UCCMS is only mandatory for federally funded sport organizations, BO has aligned its standards for behaviour to this national conduct standard by adopting the UCCMS in its entirety, as reflected in this Code of Conduct and Ethics (the “Code”).

Purpose

1. The purpose of this Code is to ensure a safe and positive environment within the programs, activities, and events of BO by making all Organizational Participants aware that there is an expectation, at all times, of appropriate behaviour consistent with BO’s core values, mission and policies.

2. BO and its Organizational Participants support equal opportunity, prohibit discriminatory practices, and are committed to providing an environment in which all individuals can safely participate in sport and are treated with respect and fairness.

Application of this Code

3. This Code applies to any Organizational Participant’s conduct during the business, activities, and events of BO including, but not limited to competitions, practices, evaluations, treatment, or consultations (i.e., massage therapy), training camps, travel associated with organizational activities, the office environment, and any meetings.

4. This Code also applies to Organizational Participants’ conduct outside of the business, activities, and events of BO when such conduct adversely affects BO’s relationships (and the work and sport environment) or is detrimental to the image and reputation of BO. Such applicability will be determined by BO at its sole discretion.

5. In addition, this Policy will apply to breaches of the Code that occurred when the Organizational Participants involved interacted due to their mutual involvement in the sport or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Individual(s).

6. This Code applies to Organizational Participants active in the sport or who have retired from the sport where any claim regarding a potential breach of this Code occurred when the Organizational Participants were active in the sport.

Prohibited Behaviours

7. All Organizational Participants must refrain from any behaviour that constitutes a Prohibited Behaviour as defined by the UCCMS and the Code.

8.Organizational Participants are responsible for knowing what actions or behaviours constitute Prohibited Behaviours and Maltreatment.

9.Prohibited Behaviours under the UCCMS include, but are not limited to:

a) Physical Maltreatment
b) Psychological Maltreatment
c) Neglect
d) Sexual Maltreatment
e) Grooming
f) Boundary Transgressions
g) Discrimination
h) Failing to Report
i) Aiding and Abetting
j) Retaliation
k) Interference with or Manipulation of Process
l) False Reports

In addition to the Prohibited Behaviours as defined by the UCCMS in Appendix “A”, this Code sets out other expected standards of behaviour and conduct for all Organizational Participants and any failure to respect these expected standards of behaviour by an Organizational Participants may constitute a breach of this Code. In addition, the following behaviours also constitute breaches of this Code:

a) Bullying
b) Harassment
c) Workplace Harassment
d) Workplace Violence

Responsibilities

10. All Organizational Participants have a responsibility to:

a) Refrain from any behaviour that constitutes Maltreatment and Prohibited Behaviour under this Code, the UCCMS and other conduct policies established by BO.

b) Maintain and enhance the dignity and self-esteem of other Organizational Participants by:

i. Treating each other with the highest standards of respect and integrity;
ii. Focusing comments or criticism appropriately and avoiding public criticism of Athletes, coaches, officials, organizers, volunteers, employees, or other Organizational Participants;
iii. Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct;
iv. Ensuring adherence to the rules of the sport and the spirit of those rules.

c) Refrain from the use of power or authority to coerce another person to engage in inappropriate activities.

d) Refrain from consuming cannabis, or recreational drugs while participating in the programs, activities, competitions, or Events of BO.

e) In the case of Minors, not consume alcohol, tobacco, or cannabis at any competition or Event.

f) In the case of individuals who are not Minors, not consume cannabis in the Workplace or in any situation associated with the Events of BO (subject to protections under applicable human rights legislation), not consume alcohol during training, competitions, or in situations where Minors are present, and take reasonable steps to manage the responsible consumption of alcohol in adult-oriented social situations

g) When driving a vehicle:

i. Have a valid driver’s license;
ii. Not be under the influence of alcohol or illegal drugs or substances;
iii. Have valid car insurance; and
iv. Refrain from engaging in any activity that would constitute distracted driving.

h) Respect the property of others and not wilfully cause damage.

i) Promote sport in the most constructive and positive manner possible.

j) Refrain from engaging in deliberate behaviour which is intended to manipulate the outcome of a para-classification, competition and/or not offer, receive or refrain from offering or receiving any benefit which is intended to manipulate the outcome of a competition or para-classification. A benefit includes the direct or indirect receipt of money or other anything else of value, including, but not limited to, bribes, gains, gifts, preferential treatment, and other advantages.

k) Adhere to all applicable federal, provincial/territorial, municipal and host country laws.

l) Comply, at all times, with the By-laws, policies, procedures, and rules and regulations of BO, as applicable and as adopted and amended from time to time.

Directors, Committee Members, and Staff

11. In addition to section 10 (above), Directors, Committee Members, and staff of BO have additional responsibilities to:

a) Function primarily as a Director, committee member or staff member of BO (as applicable) and ensure to prioritize their loyalty to BO (and not to any other organization or group) while acting in this role.

b) Act with honesty and integrity and conduct themselves in a manner consistent with the nature and responsibilities of the business and the maintenance of an Organizational Participant’s confidence.

c) Ensure that financial affairs are conducted in a responsible and transparent manner with due regard for all fiduciary responsibilities.

d) Comply with their obligations under the Screening Policy, including understanding ongoing expectations under the Screening Policy and fully cooperating in the screening process.

e) Conduct themselves openly, professionally, lawfully and in good faith.

f) Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward, or fear of criticism influence their decision-making on behalf of BO.

g) Exercise the degree of care, diligence, and skill required in the performance of their duties pursuant to applicable laws.

h) Maintain required confidentiality of organizational information.

i) Commit the time to attend meetings and be diligent in preparation for, and participation in, discussions at such meetings.j) Have a thorough knowledge and understanding of all governance documents.

Athlete Support Personnel

12. In addition to section 10 (above), Athlete Support Personnel have many additional responsibilities.

13. Athlete Support Personnel must understand and respect the inherent Power Imbalance that exists in this relationship and must not abuse it, either consciously or unconsciously.

14. Athlete Support Personnel will:

a) Avoid any behaviour that abuses the Power Imbalance inherent in the coaching position of the Athlete Support Personnel.

b) Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability, and fitness level of the Athletes.

c) Prepare Athletes systematically and progressively, using appropriate time frames and monitoring physical and psychological adjustments while refraining from using training methods or techniques that may harm Athletes.

d) Avoid compromising the present and future health of Athletes by communicating and cooperating with sport medicine professionals in the diagnosis, treatment, and management of Athletes’ medical and psychological treatments.

e) Support the Athlete Support Personnel of a training camp, provincial/territorial team, or national team should an Athlete qualify for participation with one of these programs.

f) Comply with all established responsibilities and obligations as set out by the Athlete Support Personnel’s professional governing association or order, if any.

g) Accept and promote Athletes’ personal goals and refer Athletes to other coaches and sport specialists as appropriate.

h) Provide Athletes (and the parents/guardians of Minor Athletes) with the information necessary to be involved in the decisions that affect the Athlete.

i) Act in the best interest of the Athlete’s development as a whole person.

j) Comply with their obligations under the Screening Policy, including understanding ongoing expectations under this Policy and fully cooperating in the screening process.

k) Under no circumstances provide, promote, or condone the use of drugs (other than properly prescribed medications) or prohibited substances or prohibited methods and, in the case of Minors, alcohol, cannabis, and/or tobacco.

l) Respect competitor Athletes and, in dealings with them, not encroach upon topics or take actions which are deemed to be within the realm of ‘coaching’, unless after first receiving approval from the coaches who are responsible for the Athletes.

m) When a Power Imbalance exists, not engage in a sexual or intimate relationship with an Athlete of any age.

n) Avoid compromising the present and future health of Athletes by communicating and cooperating with sport science and sport medicine professionals in the diagnosis, treatment, and management of Athletes’ medical and psychological treatments, including when discussing optimal nutritional strategies or weight control methods for junior-aged Athletes and above (18 + years of age). Unhealthy weight management practices and/or methods are not permitted for Athletes 17 years of age and younger.

o) Recognize the power inherent in the position of Athlete Support Personnel and respect and promote the rights of all Organizational Participants in sport. This is accomplished by establishing and following procedures for confidentiality (right to privacy), informed participation, and fair and reasonable treatment. Coaches have a special responsibility to respect and promote the rights of Organizational Participants who are in a vulnerable or dependent position and less able to protect their own rights.

p) Dress professionally and use appropriate language, considering the audience being addressed (e.g., the age/maturity of the individuals).

Athletes

15. In addition to section 10 (above), Athletes will have additional responsibilities to:

a) Follow their athlete agreement (if applicable).

b) Refrain from consuming tobacco products, cannabis, or recreational drugs while participating in the programs, activities, competitions, or Events of BO. This includes, but is not limited to, electronic cigarettes, vapes, pipes and any “non-traditional” method of consuming the above.

c) Report any medical problems in a timely fashion, when such problems may limit their ability to travel, practice, or compete.

d) Participate and appear on-time and prepared to participate to their best abilities in all competitions, practices, training sessions, and evaluations.

e) Properly represent themselves and not attempt to participate in a competition for which they are not eligible by reason of age, classification, or other reason.

f) Adhere to any rules and requirements regarding clothing, professionalism, and equipment.

g) Act in accordance with applicable policies and procedures and, when applicable, additional rules as outlined by Athlete Support Personnel.

Officials

16. In addition to section 10 (above), officials will have additional responsibilities to:

a) Maintain and update their knowledge of the rules and rules changes.

b) Not publicly criticize other Organizational Participants.

c) Adhere at all times to the rules of their international federation and any other sporting organization that has relevant and applicable authority.

d) Place the safety and welfare of competitors, and the fairness of the competition above all else.

e) Strive to provide a fair sporting environment, and at no time engage in Maltreatment or Prohibited Behaviour toward any person on the field of play.

f) Respect the terms of any agreement that they enter with BO.

g) Work within the boundaries of their position’s description while supporting the work of other officials.

h) Act as an ambassador of the sport by agreeing to enforce and abide by national and provincial/territorial rules and regulations.

i) Take ownership of actions and decisions made while officiating.

j) Respect the rights, dignity, and worth of all Organizational Participants.

k) Act openly, impartially, professionally, lawfully, and in good faith.

l) Be fair, equitable, considerate, independent, honest, and impartial in all dealings with others.

m) Respect the confidentiality required by issues of a sensitive nature, which may include discipline processes, appeals, and specific information or data about Organizational Participants.

n) Comply with their obligations under the Screening Policy, including understanding ongoing expectations under this Policy and fully cooperating in the screening process.

o) Honour all assignments unless unable to do so by virtue of illness or personal emergency, and in these cases inform a supervisor or BO at the earliest possible time.

p) When writing reports, set out the actual facts to the best of their knowledge and recollection.

q) Dress in proper attire for officiating.

Parents/Guardians and Spectators

17. In addition to section 10 (above), parents/guardians and spectators at events will:

a) Encourage Athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence.

b) Condemn the use of violence in any form.

c) Never ridicule an Organizational Participant for making a mistake during a competition or practice.

d) Respect the decisions and judgments of officials and encourage Athletes to do the same.

e) Support all efforts to remove verbal and physical abuse, coercion, intimidation, and sarcasm.

f) Respect and show appreciation to all competitors, and to coaches, officials, and other volunteers.

g) Never harass Organizational Participants, competitors, coaches, officials, parents/guardians, or other spectators.

h) Never encourage, aid, cover up or assist an Athlete in cheating through doping, competition manipulation or other cheating behaviors.

Anti-Doping[1]

18. BO recognizes the Canadian Anti-Doping Program. BO will respect any sanction imposed on an Individual as a result of a breach of the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules.

19. All Organizational Participants shall:

a) Abstain from the non-medical use of medications or drugs or the Use of Prohibited Substances or Prohibited Methods as listed on the version of the World Anti-Doping Agency’s Prohibited List currently in force.

b) Refrain from associating with any person for the purpose of coaching, training, competition, instruction, administration, management, athletic development, or supervision, who has been found to have committed an anti-doping rule violation and is serving a period of Ineligibility imposed pursuant to the Canadian Anti-Doping Program or any other applicable anti-doping rules

c) Cooperate with any Anti-Doping Organization that is investigating any anti-doping rule violation(s)

d) Refrain from any offensive conduct toward a Doping Control official or other individual involved in Doping Control, whether such conduct constitutes Tampering as defined in the Canadian Anti-Doping Program

e) All Athlete Support Personnel or other Persons who are Using a Prohibited Substance or Prohibited Method without a valid and acceptable justification shall refrain from providing support to Athletes that fall under BO’s jurisdiction.

Retaliation, Retribution or Reprisal

20. It is a breach of this Code of Conduct and Ethics for any Organizational Participant to engage in any act that threatens or seeks to intimidate another individual with the intent of discouraging that Organizational Participant from filing, in good faith, a complaint pursuant to any BO policy.

21. It is also a breach of this Code of Conduct and Ethics for an Organizational Participant to file a complaint for the purpose of retaliation, retribution, or reprisal against any other Organizational Participant.

22. Any Organizational Participant found to have filed a complaint for the purpose of retaliation, retribution, reprisal or otherwise in bad faith shall be liable for the costs related to the disciplinary process required to establish such a breach.
Privacy

23. The collection, use and disclosure of any personal information pursuant to this Policy is subject to BO’s Privacy Policy.

[1] Any capitalized terms used in this Anti-Doping section shall, unless the context requires otherwise, have the meanings ascribed to them in the Definitions section of the Canadian Anti-Doping Program.

Screening Policy

Preamble

1. BO understands that screening personnel and volunteers is a vital part of providing a safe sporting environment and has become a common practice among sport organizations that provide programs and services to the sport community.

Application of this Policy

2. This Policy applies to all individuals whose position with BO is one of trust or authority which may relate to, at a minimum, finances, supervision, or Vulnerable Organizational Participants.

3. Not all individuals associated with BO will be required to obtain a criminal record check or submit screening documents because not all positions pose a risk of harm to BO or Organizational Participants. BO will determine which individuals will be subject to screening using the following guidelines (BO may vary the guidelines at their discretion):

Level 1 – Low Risk – Organizational Participants involved in low risk assignments who are not in a supervisory role, not directing others, not involved with finances, and/or do not have unsupervised access to Vulnerable Organizational Participants. Examples:

a) Parents, youth, or volunteers who are helping out on a non-regular or informal basis

Level 2 – Medium Risk – Organizational Participants involved in medium risk assignments who may be in a supervisory role, may direct others, may be involved with finances, and/or who may have limited access to Vulnerable Organizational Participants. Examples:

a) Athlete support personnel
b) Non-coach employees or managers
c) Directors
d) Coaches who are typically under the supervision of another coach
e) Officials

Level 3 – High Risk – Organizational Participants involved in high-risk assignments who occupy positions of trust and/or authority, have a supervisory role, direct others, are involved with finances, and who have frequent or unsupervised access to Vulnerable Organizational Participants. Examples:

a) Full time coaches
b) Coaches who travel with Athletes
c) Coaches who could be alone with Athletes

Screening Committee

4. The implementation of this policy is the responsibility of the Screening Committee which is a committee composed of either one (1) or three (3) members. BO will ensure that the members appointed to the Screening Committee possess the requisite skills, knowledge, and abilities to accurately screen documents and render decisions under this Policy.

5. The Screening Committee is responsible for reviewing all documents submitted and, based on the review, making decisions regarding the appropriateness of individuals filling positions within BO. In carrying out its duties, the Screening Committee may consult with independent experts including lawyers, police, risk management consultants, volunteer screening specialists, or any other person.

6. Nothing in this Policy restricts or limits the Screening Committee from requesting that the individual attend an interview with the Screening Committee if the Screening Committee considers that an interview is appropriate and necessary to screen the individual’s application.

7. Nothing in this Policy restricts or limits the Screening Committee from requesting the individual’s authorization to contact any professional, sporting, or other organization in order to assess the individual’s suitability for the position that they are seeking.

8. Nothing in this Policy restricts or limits the Screening Committee from requesting further information from the individual on more than one occasion, subject to the individual’s right to insist that the Screening Committee decide based on the information before it.

9. The Screening Committee may, where appropriate, draw an adverse inference from an individual’s failure to provide information or answer queries.

10. When assessing an individual’s screening application, the Screening Committee shall determine whether there is reason to believe that the individual may pose a risk to BO or to another individual.

11. An individual having been previously penalized for a prior offence shall not prevent the Screening Committee from considering that offence as part of the individual’s screening application.

12. If the Screening Committee determines based on the individual’s screening application, in addition to any further material received by it, that the individual does not pose a risk to the members of BO, the Screening Committee shall approve the individual’s application, subject to the Screening Committee’s right to impose conditions.

13. In the case of a decision denying an application or approving an application with conditions, a copy of the decision shall be provided to the applicant and to the Board of Directors of BO, which may disseminate the decision as they see fit to best fulfil the mandate of BO.

14. An Organizational Participant whose screening application has been denied or revoked may not re-apply to participate in the programs or activities of BO for two (2) years from the date the rejected application was made.

Screening Requirements

15. A Screening Requirements Matrix is provided as Appendix A.

16. It is the policy of BO that when an individual is first engaged by the organization:

a) Level 1 individuals will:

i. Complete an Application Form (Appendix B)
ii. Complete a Screening Disclosure Form (Appendix C)
iii. Participate in training, orientation, and monitoring as described in the Screening Requirements Matrix (Appendix A)

b) Level 2 individuals will:

i. Complete an Application Form
ii. Complete a Screening Disclosure Form
iii. Complete and provide an E-PIC
iv. Provide one letter of reference related to the position
v. Participate in training, orientation, and monitoring as described in the Screening Requirements Matrix (Appendix A)
vi. Provide a driver’s abstract, if requested

c) Level 3 individuals will:

i. Complete an Application Form
ii. Complete a Screening Disclosure Form
iii. Complete and provide an E-PIC and a VSC
iv. Provide one letter of reference related to the position
v. Participate in training, orientation, and monitoring as described in the Screening Requirements Matrix (Appendix A)

d) Provide a driver’s abstract, if requested. If an individual subsequently receives a charge, conviction for, or is found guilty of, an offense they will report this circumstance immediately to BO. Additionally, the individual will inform BO of any changes in their circumstance that would alter their original responses in their Screening Disclosure Form.

e) If BO learns that an individual has provided false, inaccurate, or misleading information, the individual will immediately be removed from their position and may be subject to further discipline in accordance with the Harassment, Discipline and Complaints Policy.

Minor

17. For the purposes of this Policy, BO defines a Minor as someone who is younger than 18 years old. When screening Minor, BO will:

a) Not require the Minor to obtain a VSC or E-PIC; and
b) In lieu of obtaining a VSC or E-PIC, require the Minor to submit up to two (2) additional letters of reference.

18. Notwithstanding the above, BO may ask a Minor to obtain a VSC or E-PIC if BO suspects the Minor has an adult conviction and therefore has a criminal record. In these circumstances, BO will be clear in its request that it is not asking for the Minor’s youth record. BO understands that they may not request to see a Minor’s youth record.

Renewal

19. Unless the Screening Committee determines, on a case-by-case basis, to modify the submission requirements, individuals who are required to submit an E-PIC, Screening Disclosure Form, or Screening Renewal Form, are required to submit the documents as follows:

a) An E-PIC every three years
b) A Screening Disclosure Form every three years
c) A Screening Renewal Form (Appendix D) every year
d) A Vulnerable Sector Check once

20. At any time, including after either the submission of an individual’s application or its approval (with or without conditions), the Screening Committee may re-open an individual’s file for additional screening if it is advised of new information that, in the discretion of BO, could affect the assessment of the individual’s suitability for participation in the programs or activities of BO, or the individual’s interactions with other individuals involved with BO.

Orientation, Training, and Monitoring

21. The type and amount of orientation, training, and monitoring will be based on the individual’s level of risk, at the discretion of BO.

22. Orientation may include, but is not limited to: introductory presentations, facility tours, equipment demonstrations, parent/Athlete meetings, meetings with colleagues and supervisors, orientation manuals, orientation sessions, and increased supervision during initial tasks or initial period of engagement.

23. Training may include, but is not limited to: certification courses, online learning, mentoring, workshop sessions, webinars, on-site demonstrations, and peer feedback.

24. At the conclusion of orientation and training, the individual may be required to acknowledge, in written form, that they have received and completed the orientation and training (Appendix E).

25. Monitoring may include but is not limited to: written or oral reports, observations, tracking, electronic surveillance (e.g., facility security cameras), and site visits.

How to Obtain an E-PIC or VSC

26. E-PIC may be obtained online via http://www.backcheck.net/e-pic.htm

26. Organizational Participants may only obtain a VSC by visiting an RCMP office or police station, submitting two pieces of government-issued identification (one of which must have a photo), and completing any required paperwork. Fees may also be required.

27. Fingerprinting may be required if there is a positive match with the individual’s gender and birth date.

28. BO understands that it may be required to assist an individual with obtaining a VSC. A Request for VSC (Appendix F) may need to be submitted or other documentation may need to be completed that describes the nature of the organization and the individual’s role with Vulnerable Organizational Participants.

Procedure

29. Screening documents must be submitted to the Screening Committee.

30. An individual who refuses or fails to provide the necessary screening documents will be ineligible to volunteer or apply for the position sought. The individual will be informed that their application and/or position will not proceed until such time as the screening documents are submitted.

31. BO understands that there may be delays in receiving the results of an E-PIC or a VSC. At the discretion of BO, an individual may be permitted to participate in the role during the delay. This permission may be withdrawn at any time and for any reason.

32. BO recognize that different information will be available depending on the type of screening document that the individual has submitted. For example, an E-PIC may show details of a specific offense, or not, and/or a VSC may be returned with specific information or simply a notification indicating ‘cleared’ or ‘not cleared’. The Screening Committee will use its expertise and discretion when making decisions based on the screening documents that have been submitted.

33. Following the review of the screening documents, the Screening Committee will decide:

a) The individual has passed screening and may participate in the desired position;
b) The individual has passed screening and may participate in the desired position with conditions;
c) The individual has not passed screening and may not participate in the desired position; or
d) More information is required from the individual.

34. In making its decision, the Screening Committee will consider the type of offense, date of offense, and relevance of the offense to the position sought.

35. The Screening Committee may decide that an individual has not passed screening if the screening documentation reveals any of the following:

a) If imposed in the last three years:

i. Any offense involving the use of a motor vehicle, including but not limited to impaired driving
ii. Any offense of assault, physical or psychological violence
iii. Any offense involving trafficking or possession of illegal drugs
iv. Any offense involving conduct against public morals
v. Any offense involving theft or fraud

b) If imposed at any time:

i. Any offense involving a Minor or Minors
ii. Any offense involving the possession, distribution, or sale of any child-related pornography
iii. Any sexual offense

Conditions and Monitoring

36. Excluding the incidents above which, if revealed, would cause the individual to not pass screening, the Screening Committee may determine that incidents revealed on an individual’s screening documents may allow the individual to pass the screening process and participate in a desired position with conditions imposed. The Screening Committee shall have the sole and unfettered discretion to apply and remove conditions, determine the length of time for the imposition of conditions, and determine how adherence to conditions may be monitored.

Records

37. All records will be maintained in a confidential manner and will not be disclosed to others except as required by law, for use in legal, quasi-legal, or disciplinary proceedings.

38. The records kept as part of the screening process include but are not limited to:

a) An individual’s Vulnerable Sector Check
b) An individual’s E-PIC (for a period of three years)
c) An individual’s Screening Disclosure Form (for a period of three years)
d) An individual’s Screening Renewal Form (for a period of one year)
e) Records of any conditions attached to an individual’s registration by the Screening Committee
f) Records of any discipline applied to any individual by BO or by another sport organization

Appendix A – Screening Requirements Matrix

Risk Level Roles (Note Minor Exception Below) Training Recommended/Required Screening

Level 1

Low Risk

a)      Parents, youth or volunteers acting in non-regular or informal basis

Recommended:

·   Respect in Sport for Activity Leaders

·   CAC Safe Sport Training

 

·       Complete an Application Form (Appendix B)

·       Complete a Screening Disclosure Form (Appendix C)

·       Participate in training, orientation, and monitoring as determined by the organization

Level 2 Medium Risk

a)      Athlete support personnel

b)      Non-coach employees or managers

c)       Directors

d)      Coaches who are typically under supervision of another coach.

e)      Officials

Recommended based on role:

·   Respect in Sport for Activity Leaders

·   Commit to Kids

Required:

·   Respect in Sport Activity Leaders (National Officials)

·   MED Certified (Coaches)

·   CAC Safe Sport Training

·       Level 1 Requirements

·       Complete and provide an E-PIC

·       Provide one letter of reference related to the position

·       Provide a driver’s abstract, if requested

 

Level 3

High Risk

a)      Full Time Coaches

b)      Coaches who travel with Athletes

c)       Coaches who could be alone with Athletes

Recommended based on role:

·   Respect in Sport for Activity Leaders

·   Commit to Kids

Required:

·   MED Certified

·   CAC Safe Sport Training

·       Level 2 Requirements

·       Provide a VSC

·       A second letter of reference from a sport organization

 

Athlete Protection Policy

Purpose

1. This Athlete Protection Policy describes how Persons in Authority shall maintain a safe sport environment for all Athletes.

Interactions between Persons in Authority and Athletes – the ‘Rule of Two’

2. BO requires that the ‘Rule of Two’ be followed for all Persons in Authority who interact with Athletes, to the maximum extent feasible. The ‘Rule of Two’ is a directive that says that an Athlete must never be alone one-on-one with an unrelated Person in Authority.

3. BO recognizes that fully implementing the ‘Rule of Two’ may not always be possible in some instances. Consequently, at a minimum, interactions between Persons in Authority and Athletes must respect the following:

a) To the maximum extent possible, the training environment should be visible and accessible so that all interactions between Persons in Authority and Athletes are observable.

b) Private and one-on-one situations that are not observable by another adult or Athlete should be avoided to the maximum extent possible.

c) A Vulnerable Organizational Participant may not be alone under the supervision of a Person in Authority unless prior written permission is obtained from the Vulnerable Organizational Participant’s parent or guardian.

d) Persons in Authority may not invite or host Vulnerable Organizational Participants in their home without the written permission from parents or guardians or without parents or guardians having contemporaneous knowledge of the visit.

Competitions, Training Sessions and Practices

4. For competitions, training sessions and practices, BO recommends:

a) A Person in Authority should never be alone with a Vulnerable Organizational Participant prior to or following a competition or training session unless the Person in Authority is the Vulnerable Organizational Participant’s parent or guardian.

b) If the Vulnerable Organizational Participant is the first Athlete to arrive, the Athlete’s parent should remain until another Athlete or Person in Authority arrives.

c) If a Vulnerable Organizational Participant would potentially be alone with a Person in Authority following a competition or training session, the Person in Authority should ask another Person in Authority (or a parent or guardian of another Athlete) to stay until all the Athletes have been picked up. If an adult is unavailable, another Athlete, who is preferably not a Vulnerable Organizational Participant, should be present to avoid the Person in Authority being alone with a Vulnerable Organizational Participant.

d) Persons in Authority giving instructions, demonstrating skills, or facilitating drills or lessons to an individual Athlete should always do so within earshot and eyesight of another Person in Authority.

e) Persons in Authority and Athletes should take steps to achieve transparency and accountability in their interactions. For example, a Person in Authority and an Athlete who know they will be away from other Organizational Participants for a lengthy period of time must inform another Person in Authority where they are going and when they are expected to return. Persons in Authority should always be reachable by phone or text message.

Communications

5. For communication between Persons in Authority and Athletes, BO recommends:

a) Persons in Authority may only send texts, direct messages on social media or emails to individual Athletes when necessary and only for communicating information related to team issues and activities (e.g., non-personal information). Any such texts, messages or emails shall be professional in tone.

b) Electronic communication between Persons in Authority and Athletes that is personal in nature should be avoided. If such personal communication is unavoidable, it must be recorded and available for review by another Person in Authority and/or by the Athlete’s parent/guardian (when the Athlete is a Vulnerable Organizational Participant).

c) Parents/guardians may request that their child not be contacted by a Person in Authority using any form of electronic communication and/or may request that certain information about their child not be distributed in any form of electronic communication.

d) All communication between a Person in Authority and Athletes must be between the hours of 6:00am and midnight unless extenuating circumstances justify otherwise.

e) Communication concerning drugs or alcohol use (unless regarding its prohibition) is not permitted.

f) No sexually explicit language or imagery or sexually oriented conversation may be communicated in any medium.

g) Persons in Authority are not permitted to ask Athletes to keep a personal secret for them.

Travel

6. For travel involving Persons in Authority and Athletes, BO recommends:

a) Teams or groups of Athlete shall always have at least two Persons in Authority with them.

b) For mixed gender teams or groups of Athletes, there should be one Person in Authority from each gender.

c) If two Persons in Authority cannot be present, reasonable efforts should be made to supplement supervision with screened parents or other volunteers.

d) To the maximum extent possible, no Person in Authority may drive a vehicle alone with an Athlete unless the Person in Authority is the Athlete’s parent or guardian.

e) A Person in Authority may not share a hotel room or be alone with an Athlete unless the Person in Authority is the Athlete’s parent/guardian or spouse.

f) Room or bed checks during overnight stays must be done by two Persons in Authority.

g) For overnight travel when Athletes must share a hotel room, roommates must be age-appropriate and of the same gender

Locker Rooms / Changing Areas

7. For locker rooms, changing areas and other closed meeting spaces, BO recommends:

a) Interactions between Persons in Authority and Athletes should not occur in any area where there is a reasonable expectation of privacy such as a locker room, washroom or changing area. A second adult should be present for any necessary interaction between an adult and an Athlete in any such area.

b) If Persons in Authority are not present in the locker room or changing area, or if they are not permitted to be present, they should still be available outside the locker room or changing area and be able to enter the room or area if required, for reasons including but not limited to team communications and/or

Photography / Video

8. For all photography and video of an Athlete, BO recommends:

a) Photographs and video should only be taken in public view. Content must observe generally accepted standards of decency and be both appropriate for and in the best interest of the Athlete.

b) The use of recording devices in areas where there is a reasonable expectation of privacy is strictly prohibited.

c) Examples of photos that shall be edited or deleted include:

i. Images with misplaced apparel or where undergarments are showing
ii. Suggestive or provocative poses
iii. Embarrassing images

d) If any content featuring an Athlete will be used on any form of public media, a Photo and Video Consent Form (Appendix A) must be completed before the content is recorded.

Physical Contact

9. Some physical contact between Persons in Authority and Athletes may be necessary for various reasons including, but not limited to, teaching a skill or tending to an injury. For physical contact, BO recommends:

a) A Person in Authority must always request permission to make physical contact from the Athlete in advance and clearly explain where and why the physical contact will occur. The Person in Authority must make clear that they are requesting to touch the Athlete and not requiring physical contact.

b) Infrequent, incidental physical contact during a training session is not considered a violation of policy.

c) Non-essential physical contact may not be initiated by the Person of Authority. It is recognized that some Athletes may initiate non-essential physical contact such as hugging or other physical contact with a Person in Authority for various reasons (e.g., such as celebrating or crying after a poor performance). This physical contact should always occur in an open and observable environment.

Enforcement

10. Any alleged violations of this Athlete Protection Policy shall be addressed pursuant to the Discipline and Complaints Policy.

Discipline and Complaints Policy

PURPOSE

1. Organizational Participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with all policies, by-laws, rules, and regulations of Boxing Ontario (“BO”), as updated and amended from time to time.

2. Non-compliance with any of BO’s policies, by-laws, rules, or regulations, or those of its Members, as applicable, may result in the imposition of sanctions pursuant to this Policy or the by-laws of BO or, as applicable, those of its Members.

APPLICATION

Application – General

3. This Policy applies to all Organizational Participants and to any alleged breaches of BO’s policies, by-laws, rules or regulations, or any of those of its Members, that designate this Policy as applicable to address such alleged breaches.

4. In addition to being subject to disciplinary action pursuant to this Policy, an employee of BO who is a Respondent to a complaint may also be subject to consequences in accordance with the employee’s employment agreement or BO’s human resources policies, if applicable.

REPORTING A COMPLAINT

(a) All complaints must be reported directly to the BO discipline office for Intake. The office will record and triage as required and forward as necessary. Email: [email protected]

(b) Individuals are expected to report all complaints as soon as possible and no later than 21 days after experiencing or witnessing the interaction, incident, event, or situation of concern.

(c) An adult Individual who learns of information and reasonably suspects that a child has suffered an incident of child abuse, including sexual abuse, shall immediately make a report of the suspected abuse to the local authorities and the ITP.

(d) The Notice of Complaint must include:

a. Contact information of the Complainant

b. Name of the Respondent and any affected parties

c. Date and location of the incident

d. Detailed summary of the incident/s and grounds for the complaint.

e. All evidence that supports the complaint allegations.

f. Any witnesses of the incident/s

Complaint Representation:

A Complainant or Respondent may be represented by an advisor or legal counsel in a proceeding under this Policy, however, such advisor or legal counsel may not be subject to any sanction or other restriction on their participation rights imposed by Boxing Ontario or any other provincial/national sport organization. If an advisor or legal counsel is subject to a sanction, they cannot act in any representative capacity or have any other role in a proceeding.

Organizational Participants

5. Any complaints involving alleged breaches of BO’s policies may be reported by an Organizational Participant to the Boxing Ontario Discipline Officer [email protected] in writing within 21 days.[2]

6. Notwithstanding any provision in this Policy, BO may, at its discretion, or upon request by the Independent Third Party, act as the Complainant and initiate the complaint process under the terms of this Policy. In such cases, BO will identify an individual to represent the organization.

7. A Complainant who fears retribution or reprisal or who otherwise considers that their identity must remain confidential may file a complaint with the Independent Third Party and request that their identity be kept confidential. If the Independent Third Party considers that the Complainant’s identity must remain confidential during the initial stages, the Independent Third Party may ask that BO take carriage of the complaint and act as the Complainant.[3] The confidentiality of the Complainant’s identity may not be guaranteed and will not be maintained for the entirety of the complaint process.

8. In exceptional circumstances, the Independent Third Party may direct a complaint to be managed by BO if a Member is otherwise unable to manage the complaint for valid and justifiable reasons, such as a conflict of interest, due to a lack of capacity or where the Member does not have policies in place to address the complaint. In such circumstances, BO shall have the right to request that a cost-sharing agreement is entered into with the Member as a pre-condition to BO managing the complaint.

9. Where the Independent Third Party refers a matter to be managed by a Member or affiliated organization, or where a Member or affiliated organization is otherwise responsible for managing a matter (i.e., because they received the matter directly), and the Member and/or affiliated organization fails to conduct disciplinary proceedings within a reasonable timeline, BO may, at its discretion, take jurisdiction over the matter and conduct the necessary proceedings. In such circumstances, if the Internal Discipline Chair or External Discipline Panel decides that BO acted reasonably in taking jurisdiction over the matter, BO’s costs to conduct the proceedings, including legal fees, shall be reimbursed by the Member and/or affiliated organization to BO.

MINORS

10. Complaints may be brought by or against an Organizational Participant who is a Minor. Minors must have a parent/guardian or other adult serve as their representative during this process.

11. Communication from the Independent Third Party, Internal Discipline Chair or External Discipline Panel (as applicable) must be directed to the Minor’s representative.

12. If the Minor’s representative is not their parent/guardian, the representative must have written permission to act in such a capacity from the Minor’s parent/guardian.

13. A Minor is not required to attend or participate in an oral hearing, if held, or participate in an investigation if conducted. In such circumstances, no adverse inference can be drawn against the Minor.

INDEPENDENT THIRD PARTY RESPONSIBILITIES

Note: ITP will only handle Process 2 Complaints referred by Boxing Ontario Complaint Officer. If the ITP receives a complaint directly, it must be referred to Boxing ON for assignment.

14. Upon receipt of a complaint, the Independent Third Party has a responsibility to:

a) Determine whether the complaint falls within the jurisdiction of this Policy and whether it has been submitted in accordance with the deadlines indicated herein;

b) Determine the appropriate jurisdiction to manage the complaint by considering the following:

i. whether the incident occurred within the business, activities, or Events of BO, or one of its Members or affiliated organizations; and
ii. if the Member or affiliated organization can manage the complaint process[4].

c) Determine whether the complaint is frivolous, vexatious or if it has been made in bad faith[5];

d) Determine if the alleged incident should be investigated pursuant to Appendix A – Investigation Procedure; and

e) Choose which process (Process #1 or Process #2, as outlined below) should be followed to hear and adjudicate the matter.

Available Process

There are two different processes that may be used to hear and adjudicate complaints. Subject to Sections 5 – 6, the Discipline Officer as assigned, will record, triage and assign Process #1 complaints and refer Process #2 complaints to the Independent Third Party. The Independent Third Party may evaluate referred complaints and if deemed Process #1 will refer to Boxing Ontario Discipline Officer.

Process #1 – the complaint contains allegations involving the following behaviours:

a) Disrespectful conduct or comments

b) Minor acts of physical violence, unless the physical violence is between a Person in Authority and a Vulnerable Participant, in which case the matter will be addressed under Process #2

c) Conduct contrary to the values of BO or those of one of its Members or affiliated organizations

d) Non-compliance with the policies, procedures, rules, or regulations of BO or those of one of its Members or affiliated organizations

e) Minor violations of the policies or bylaws of BO or those of one of its Members or affiliated organizations.

*** The behaviours identified above are examples only and are not a definitive list of behaviours that may be addressed through Process #1.

Process #2 – the complaint contains allegations involving the following behaviours:

a) Repeated incidents described in Process #1

b) Hazing

c) Abusive, racist, or sexist comments, conduct or behaviour

d) Incidents that constitute Prohibited Behaviour under the Code of Conduct and Ethics (the “Code”) or the UCCMS

e) Major incidents of violence (e.g., fighting, attacking)

f) Pranks, jokes, or other activities that endanger the safety of others

g) Conduct that intentionally interferes with a competition or with any athlete’s preparation for a competition

h) Conduct that intentionally damages the image, credibility, or reputation of BO or that of one of its Members or affiliated organizations

i) Consistent disregard for the by-laws, policies, rules, or regulations of BO or those of one of its Members or affiliated organizations

j) Major or repeated violations of the Code or any other policies, by-laws, rules or regulations that designate this Discipline and Complaints Policy as applicable to address such alleged breaches

k) Intentionally damaging the property of BO, one of its Members or affiliated organizations, or improperly handling any of the aforementioned organizations’ monies

l) Abusive use of alcohol, any use or possession of alcohol by Minors, or use or possession of illicit drugs and narcotics

m) A conviction for any Criminal Code offense

The behaviours identified above are examples only and are not a definitive list of behaviours that may be addressed through Process #2.

PROVISIONAL MEASURES

15. If it is considered appropriate or necessary on the basis of the circumstances, immediate discipline or the imposition of a Provisional Suspension or interim measures may be imposed against any Organizational Participant by the Board of Directors of BO after which further discipline or sanctions may be applied according to this Policy.

16. If an infraction occurs at a competition, it will be dealt with by the procedures specific to the competition, if applicable. Provisional Suspensions or interim measures may be imposed for the duration of a competition, training, activity, or Event only, or as otherwise determined appropriate by designated authority[6].

17. Notwithstanding the above, BO may determine that an alleged incident is of such seriousness as to warrant the imposition of a Provisional Suspension of a Respondent pending completion of an investigation, assessment and/investigation by the criminal process, the hearing, or a decision of the External Discipline Panel. Notification will be made to the relevant parties of Boxing Ontario to give effect to the suspension and will be considered private and confidential.

18. Any Respondent against whom a Provisional Suspension or interim measure is imposed may make a request to the Independent Third Party or External Discipline Panel (if appointed) to have the Provisional Suspension or interim measure lifted. In such circumstances, BO shall be provided with an opportunity to make submissions, orally or in writing, regarding the Respondent’s request to have their Provisional Suspension lifted. Provisional Suspensions or interim measures shall only be lifted in circumstances where the Respondent establishes that it would be manifestly unfair to maintain the Provisional Suspension or interim measures against them.

19. Any decision not to lift a Provisional Suspension or interim measure shall not be subject to appeal.

Procedural Steps

PROCESS #1: Handled by Internal Discipline Chair

Internal Discipline Chair

20. Following the determination that the complaint or incident should be handled under Process #1, the Internal Discipline Chair[7] may:

a) Propose alternative dispute resolution techniques, if appropriate; and/or

b) Ask the Complainant and the Respondent for either written or oral submissions regarding the complaint or incident. Both Parties shall also have the right to submit to the Internal Discipline Chair any relevant evidence, including, but not limited to witness statements, documentary evidence or evidence from other media (i.e., photos, screenshots, videos or other recordings). Each Party shall have the right to receive the other Party’s submissions and evidence, including the Complainant’s complaint. In the case of oral submissions, each Party shall be present when such submissions are made (unless waived by a Party); and/or

c) Following receipt of the Parties’ submissions, the Internal Discipline Chair may convene the Parties to a meeting, either in person or by way of video or teleconference to ask the Parties questions and to allow the Parties to ask questions of one another.

21. Following their review of the submissions and evidence related to the complaint, the Internal Discipline Chair shall determine if any of the incidents listed in Process #1 above have occurred and, if so, determine whether to impose a sanction and, if so, determine the appropriate sanction (see: Sanctions). If, after hearing the Parties and reviewing their submissions, the Internal Discipline Chair considers that none of the incidents listed in Process #1 above have occurred, they shall dismiss the complaint.

22. The Internal Discipline Chair will inform the Parties of the decision, which shall be in writing and include reasons. The Internal Discipline Chair’s decision will take effect immediately, unless specified otherwise by the Internal Discipline Chair. Should the circumstances require a decision to be rendered immediately or within a short timeline, the Internal Discipline Chair may render a short decision, either orally or in writing, followed by a written reasoned decision.

23. Any decision rendered by the Internal Discipline Chair shall be provided to and maintained in the records of the relevant club, Member and BO. Decisions are a matter of public record and may be published. Decisions shall be retained and discarded in accordance with the relevant and applicable privacy legislation.

PROCESS #2: Handled by Independent Third Party and External Discipline Panel

Independent Third Party

24. Following the determination that the complaint should be handled under Process #2, the Independent Third Party will propose the use of alternative dispute resolution methods, if appropriate. If the dispute is not resolved using alternative dispute resolution methods, the Independent Third Party will appoint an External Discipline Panel of one (1) person to hear the complaint. Thereafter, the Independent Third Party shall have the following responsibilities:

a) Coordinate all administrative aspects of the process and set reasonable timelines

b) Provide administrative assistance and logistical support to the External Discipline Panel as required, including providing the External Discipline Panel with any information related to previously imposed disciplinary sanctions against the Respondent(s) of the policies of BO, any Member or any other sport organization that had authority over the Respondent

c) Provide any other service or support that may be necessary to ensure a fair and timely proceeding

25. The Independent Third Party will establish and adhere to timelines that ensure procedural fairness and that the matter is heard in a timely fashion.

26. If warranted based on the nature of the case, the Independent Third Party may, in their sole discretion, appoint an External Discipline Panel of three (3) people. When a three-person External Discipline Panel is appointed, the Independent Third Party will appoint one of the External Discipline Panel’s members to serve as the Chair.

27. The Independent Third Party, in cooperation with the External Discipline Panel, will then decide the format under which the complaint will be heard. This decision may not be appealed. The format of the hearing may be an oral in-person hearing, an oral hearing by telephone or other communication medium, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods.

28. The hearing will be governed by the procedures that the Independent Third Party and the External Discipline Panel deem appropriate for the circumstances. The following procedural directions will apply:

a) The determination of procedures and timelines, as well as the hearing duration, shall be as expedient and cost-efficient as possible to ensure that costs to the Parties and BO and/or the Member are reasonable

b) The Parties will be given appropriate notice of the day, time, and place of the hearing

c) Copies of any written documents which any of the Parties wishes to have the External Discipline Panel consider will be provided to all Parties, through the Independent Third Party, in advance of the hearing and in accordance with the timelines set by the Independent Third Party

d) The Parties may engage a representative, advisor, translator, transcription services or legal counsel at their own expense

e) The External Discipline Panel may request that any other individual participate and give evidence at the hearing

f) If not a Party, BO and/or the relevant Member shall be allowed to attend the hearing as an observer and will be provided with access to any documents submitted. With the permission of the External Discipline Panel, BO and/or the relevant Member may make submissions at the hearing or may provide the discipline panel with clarifying information that may be required for the External Discipline Panel to render its decision[8]

g) The External Discipline Panel shall allow any evidence at the hearing filed by the Parties and may exclude any evidence is unduly repetitious or otherwise an abuse of process. The External Discipline Panel shall otherwise apply relevant and applicable evidentiary rules in relation to the admissibility and weight given to evidence filed by the parties

h) Nothing is admissible in evidence at a hearing that:
i. would be inadmissible in a court by reason of any privilege under the law of evidence; or
ii. is inadmissible by any statute.

i) The decision will be by a majority vote of the External Discipline Panel when the Panel consists of three people.

29. If the Respondent acknowledges the facts of the incident(s), the Respondent may waive the hearing, in which case the External Discipline Panel will determine the appropriate sanction. The External Discipline Panel may still hold a hearing for the purpose of determining an appropriate sanction.

30. The process will proceed if a Party chooses not to participate in the hearing.

31. If a decision may affect another Organizational Participant to the extent that the other Organizational Participant would have recourse to a complaint or an appeal in their own right, that Organizational Participant will become a Party to the complaint, shall be permitted to participate in the proceedings as determined by the External Discipline Panel, and will be bound by the decision.

32. In fulfilling its duties, the External Discipline Panel may obtain independent advice.

DECISION

33. After hearing the matter, the External Discipline Panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. If the External Discipline Panel considers that an infraction has not occurred, the complaint will be dismissed.

34. Within fourteen (14) days of the conclusion of the hearing, the External Discipline Panel’s written decision, with reasons, will be distributed to all Parties by the Independent Third Party, including to BO and the relevant Member(s).

35. In extraordinary circumstances, the External Discipline Panel may first issue a verbal or summary decision soon after the conclusion of the hearing, with the full written decision to be issued before the end of the fourteen (14) day period.

36. The External Discipline Panel’s decision will come into effect as of the date that it is rendered, unless decided otherwise by the External Discipline Panel. The External Discipline Panel’s decision will apply automatically to BO and all of its Members and associated organizations, according to the terms of the Reciprocation Policy.

37. Once the appeal deadline in the Appeal Policy has expired, BO or the Member (as applicable) shall publish on their website the outcome of the case, the provision(s) of the relevant policies that have been violated, the name(s) of the Organizational Participant (s)] involved and the sanction(s) imposed, if any. If the matter is appealed, the publication provisions in the Appeal Policy shall apply. Identifying information regarding Minors or Vulnerable Participants will never be published by BO or one of its Members.

38. If the External Discipline Panel dismisses the complaint, the information referred to in Section 40 above may only be published with the Respondent’s consent. If the Respondent does not provide such consent, the information referred to in Section 40 above will be kept confidential by the Parties, the Independent Third Party, BO and the Member (including the Respondent’s club) and shall be retained and discarded in accordance with the relevant and applicable privacy legislation. Failure to respect this provision may result in disciplinary action being taken pursuant to this Policy.

39. Other individuals or organizations, including but not limited to, Members, Provincial/Territorial sport organizations, sport clubs, etc., shall be advised of the outcome of any decisions rendered in accordance with this Policy.

40. Records of all decisions will be maintained by BO in accordance with their Privacy Policy.

41. When the External Discipline Panel imposes a sanction, the decision shall include, at a minimum, the following details:

a) Jurisdiction;

b) Summary of the facts and relevant evidence;

c) Where applicable, the specific provision(s) of BO’s policies, bylaws, rules or regulations that have been breached;

d) Which Party or organization is responsible for the costs of implementing any sanction;

e) Which organization is responsible for monitoring that the sanctioned individual respects the terms of the sanction;

f) Any reinstatement conditions that the Respondent must satisfy (if any);

g) Which organization is responsible for ensuring that the conditions have been satisfied; and,

h) Any other guidance that will assist the Parties to implement the External Discipline Panel’s decision.

If necessary, a Party – or the organization that is responsible for implementing or monitoring a sanction – may seek clarifications from the External Discipline Panel regarding the order so that it can be implemented or monitored appropriately.

SANCTIONS

42. When determining the appropriate sanction, the Internal Discipline Chair or External Discipline Panel, as applicable, will consider the following factors (where applicable):

a) The nature and duration of the Respondent’s relationship with the Complainant, including whether there is a power imbalance;

b) The Respondent’s prior history and any pattern of misconduct, Prohibited Behaviour or Maltreatment;

c) The respective ages of the individuals involved;

d) Whether the Respondent poses an ongoing and/or potential threat to the safety of others;

e) The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the misconduct, Prohibited Behaviour or Maltreatment, and/or cooperation in the investigative and/or disciplinary process of BO;

f) Real or perceived impact of the incident on the Complainant, sport organization or the sporting community;

g) Circumstances specific to the Respondent being sanctioned (e.g. lack of appropriate knowledge or training regarding the requirements in the Code; addiction; disability; illness);

h) Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate;

i) A Respondent who is in a position of trust, intimate contact or high-impact decision-making may face more serious sanctions; and/or

j) Other mitigating or aggravating circumstances.

43. Any sanction imposed must be proportionate and reasonable. However, progressive discipline is not required, and a single incident of Prohibited Behaviour, Maltreatment or other misconduct may justify elevated or combined sanctions.

44. The Internal Discipline Chair or External Discipline Panel, as applicable, may apply the following disciplinary sanctions, singularly or in combination:

a) Verbal or Written Warning – A verbal reprimand or an official, written notice that an Organizational Participant(s) has violated the Code and that more severe sanctions will result should the Organizational Participant(s) be involved in other violations

b) Education – The requirement that an Organizational Participant(s) undertake specified educational or similar remedial measures to address the violation(s) of the Code or the UCCMS

c) Probation – Should any further violations of the Code or the UCCMS occur during the probationary period, this may result in additional disciplinary measures, including, without limitation, a period of suspension or permanent ineligibility. This sanction can also include loss of privileges or other conditions, restrictions, or requirements for a specified period

d) Suspension – Suspension, either for a set time or until further notice, from participation, in any capacity, in any program, activity, Event, or competition sponsored by, organized by, or under the auspices of BO. A suspended Organizational Participant(s) may be eligible to return to participation, but reinstatement may be subject to certain restrictions or contingent upon the Organizational Participant(s) satisfying specific conditions noted at the time of suspension

e) Eligibility Restrictions – Restrictions or prohibitions from some types of participation but allowing participation in other capacities under strict conditions

f) Permanent Ineligibility – Ineligibility to participate in any capacity in any process, program, activity, event, or competition sponsored by, organized by, or under the auspices of BO

g) Other Discretionary Sanctions – Other sanctions may be imposed, including, but not limited to, other loss of privileges, no contact directives, a fine or a monetary payment to compensate for direct losses, or other restrictions or conditions as deemed necessary or appropriate

45. The Internal Discipline Chair or External Discipline Panel, as applicable, may apply the following presumptive sanctions which are presumed to be fair and appropriate for the listed Maltreatment:

a) Sexual Maltreatment involving a Minor Complainant, or a Complainant who was a Minor at the time of the incidents complained of, shall carry a presumptive sanction of permanent ineligibility

b) Sexual Maltreatment, Physical Maltreatment with contact, and Maltreatment related to interference or manipulation of process shall carry a presumptive sanction of either a period of suspension or eligibility restrictions

c) While a Respondent has pending charges allegations of a crime against a person, if justified by the seriousness of the offence, the presumptive sanction shall be a period of suspension until a final determination is made by the applicable process.

46. An Organizational Participant(s)’s conviction for certain Criminal Code offenses involving harmful conduct shall carry a presumptive sanction of permanent ineligibility from participating with BO. Such Criminal Code offences may include, but are not limited to:

a) Any child pornography offences

b) Any sexual offences

c) Any offence of physical violence

47. Failure to comply with a sanction as determined by the External Discipline Panel will result in an automatic suspension until such time as compliance occurs.

APPEALS

48. The decision of an Internal Discipline Chair or External Discipline Panel, as applicable, may be appealed in accordance with the Appeal Policy.

CONFIDENTIALITY

49. The disciplinary process is confidential and involves only BO, the Member (where applicable) the Parties, the Independent Third Party, the Internal Discipline Chair, the External Discipline Panel (as appropriate), and any independent advisors to the External Discipline Panel.

50. None of the Parties (or their representatives or witnesses) or organizations referred to in Section 52 will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings until such time as a decision is issued, unless BO is required to notify an organization such as an international federation, Sport Canada or other sport organization (i.e., where a Provisional Suspension or interim measures have been imposed and communication is required to ensure that they may be enforced), or notification is otherwise required by law. Notification of relevant internal parties in the case of provisional or interim measures may be made as required on a confidential basis.

51. Any failure to respect the confidentiality requirement may result in further sanctions or discipline by the Internal Discipline Chair or External Discipline Panel (as applicable).

TIMELINES

52. If the circumstances of the complaint are such that adhering to the timelines outlined by this Policy will not allow a timely resolution to the complaint, the Independent Third Party may direct that these timelines be revised.

STATISTICAL REPORTING

53. BO and Members shall, at least annually, publish a general statistical report of the activity that has been conducted pursuant to this Discipline and Complaints Policy. This report shall not include any information that is confidential under this Policy, or that has been ordered to be kept confidential by a discipline or appeal panel, but may include the number of complaints Reported to the Boxing Ontario Internal Chair or Independent Third Party (for BO and Members), and statistics regarding the number of cases that were resolved through alternate dispute resolution, the Internal Discipline Chair process, the discipline panel process, and the number of appeals filed pursuant to the Appeal Policy and whether the appeals were upheld, partially upheld or dismissed.

PRIVACY

54. The collection, use and disclosure of any personal information pursuant to this Policy is subject to BO’s Privacy Policy.

55. BO, its Members, or any of their delegates pursuant to this Policy (i.e., Independent Third Party, Internal Discipline Chair, External Discipline Panel), shall comply with BO’s Privacy Policy (or, in the case if a Member, the Member’s Privacy Policy) in the performance of their services under this Policy.

[1]

[2] This timeline may be waived at the Independent Third Party’s sole discretion if they consider that there were extenuating circumstances that prevented the Individual from Reporting their complaint within 21 days of the occurrence of the incident. Any such decision by the Independent Third Party is not subject to appeal.

[3] In such circumstances, the Complainant(s) may be required to provide evidence during the disciplinary process.

[4] In making this assessment, the Independent Third Party may determine that the Member or affiliated organization lacks the capacity to manage the complaint (which may include financial and human resource capacity), that the Member or affiliated organization is not the appropriate instance to manage the complaint due to its seriousness (for example, clubs will not be expected to manage serious complaints due to the complexity of conducting such a process), or that a real or perceived conflict of interest exists within the Member or affiliated organization.
If the Independent Third Party determines that the Complaint or Report should be handled by a Member, PTSO or affiliated organization, that organization may use its own policies to address the complaint or may adopt this Policy and appoint its own Independent Third Party to fulfil the responsibilities listed herein. Where this Policy is adopted by a Member, PTSO or affiliated organization, any reference to Independent Third Party below shall be understood as a reference to the Independent Third Party of the PTSO or affiliated organization.

[5] As indicated in the Sport Dispute Resolution Centre of Canada’s Investigation Guidelines, a Reported complaint shall not be characterized as vexatious if the evidence demonstrates that there was a reasonable basis for filing and pursuing it. For a complaint to be considered to have been made in bad faith, the Independent Third Party must consider that it contains information gained through violations of the Code of Conduct or filed consciously for a dishonest purpose or due to the moral underhandedness of the Complainant and that there was an intention to mislead.

[6] In-competition discipline or sanction imposed by the applicable official or authority does not prevent a Organizational Participant from facing additional disciplinary proceedings under the Code.

[7] The appointed Internal Discipline Chair must be unbiased and not in a conflict of interest. The Internal Discipline Chair will be appointed by the BO Board of Directors annually. The Discipline Office intake will perform triage and record. The position must be unbiased and not in conflict of interest.

[8] The purpose of this provision is not to provide the BO or a Member with the possibility to try to influence whether a sanction is imposed and, if so, the duration or nature of the sanction. Instead, this provision is intended to provide the BO or a Member with the possibility to provide the discipline panel with clarifying information when the parties have sought a particular sanction against an Individual, but they have misunderstood or misrepresented fundamental elements of the programming or membership structure (or other similar issues) and, if left unaddressed, could result in the discipline panel imposing a sanction that is unenforceable.

Appendix A – Investigation Procedure

Determination

1. This applies only to Process #2 Complaints.

2. When a Process #2 complaint is referred by Boxing Ontario Discipline Officer is submitted pursuant to the Policy and is accepted by the Independent Third Party, the Independent Third Party will determine if the incident(s) should be investigated.

Investigation

3. If the Independent Third Party considers that an investigation is necessary, they will appoint an investigator. The investigator must be an independent third-party with experience in investigating. The investigator must not be in a conflict-of-interest situation and should have no connection to either party.

4. Provincial legislation related to Workplace Harassment may apply to the investigation if Harassment was directed toward an employee in a Workplace. The investigator should review workplace safety legislation, the organization’s policies for human resources, and/or consult independent experts to determine whether legislation applies to the complaint.

5. The investigation may take any form as decided by the Investigator, guided by any applicable provincial legislation. The investigation may include:

a) Interviews with the Complainant

b) Witness interviews

c) Statement of facts (Complainant’s perspective) prepared by investigator, acknowledged by the Complainant and provided to the Respondent

d) Interviews with the Respondent

e) Statement of facts (Respondent’s perspective) prepared by investigator, acknowledged by the Respondent and provided to the Complainant

Investigator’s Report

6. Upon completion of their investigation, the investigator shall prepare a written report that shall include a summary of evidence from the Parties and any witnesses interviewed. The report shall also include a non-binding recommendation from the investigator regarding whether an allegation or, where there are several allegations, which allegations, should be heard by an External Discipline Panel pursuant to the Discipline and Complaints Policy because they constitute a likely breach of the Code of Conduct and Ethics, the UCCMS or any other relevant and applicable BO or Member policy.

7. The investigator may also make non-binding recommendations regarding the appropriate next steps (i.e., mediation, disciplinary procedures, further review or investigation).

8. The investigator’s report will be provided to the Independent Third Party who will disclose it, at their discretion, all or part of the investigation to BO and the relevant Members (if applicable). The Independent Third Party may also disclose the investigator’s report – or a redacted version to protect the identity of witnesses – to the Parties, at their discretion, with any necessary redactions. Alternatively, and only, if necessary, other relevant Organizational Participants may be provided with an executive summary of the investigator’s findings by the Independent Third Party.

9. Should the investigator find that there are possible Criminal Code offences, the investigator shall advise the Parties, BO and, where applicable, the Member, and the matter shall be referred by the Independent Third Party to the police.

10. The Investigator must also inform BO or the Member (as applicable) of any findings of criminal activity. The Organization or the Member (as applicable) may decide whether to report such findings to police but is required to inform police if there are findings related to the trafficking of prohibited substances or methods (as indicated in the version of the World Anti-Doping Agency’s Prohibited List currently in force), any sexual crime involving Minors, fraud against the Organization or any Member(s) (as applicable), or other offences where the lack of reporting would bring the Organization or the Member (as applicable) into disrepute.

Reprisal and Retaliation

11. An Organizational Participant who submits a complaint to the Independent Third Party or who gives evidence in an investigation may not be subject to reprisal or retaliation from any individual or group. Any such conduct may constitute Prohibited Behaviour be subject to disciplinary proceedings pursuant to the Discipline and Complaints Policy.

False Allegations

12. An Organizational Participant who submits allegations that the Investigator determines to be malicious, false, or for the purpose of retribution, retaliation or vengeance may be subject to a complaint under the terms of the Discipline and Complaints Policy and may be required to pay for the costs of any investigation that comes to this conclusion. The investigator may recommend to BO or the Member (as applicable) that the [Organizational Participant/Individual/Registered Participant] be required to pay for the costs of any investigation that comes to this conclusion.

13. Any Organizational Participant who is liable to pay for such costs shall be automatically deemed to be not in good standing until the costs are paid in full and shall be prohibited from participating in any Member and BO Events, activities or business. BO or any Member(s) (as applicable), or the Organizational Participant against whom the allegations were submitted, may act as the Complainant with respect to making a complaint pursuant to this Section 10.

Confidentiality

14. The Investigator will make reasonable efforts to preserve the anonymity of BO, Respondent, and any other Party. However, BO and its Members recognizes that maintaining full anonymity during an investigation may not be feasible.

Privacy

14. The collection, use and disclosure of any personal information pursuant to this Policy is subject to BO’s Privacy Policy.

15. BO, its Members, or any of their delegates pursuant to this Policy (i.e., Independent Third Party, Internal Discipline Chair, External Discipline Panel), shall comply with BO’s Privacy Policy (or, in the case if a Member, the Member’s Privacy Policy) in the performance of their services under this Policy.

Appendix B – Publication Guidelines

1. Subject to Boxing Ontario (“BO”)’s Discipline and Complaints Policy, disciplinary decisions of an External Discipline Panel will be considered a matter of public record, subject to the restrictions set out below.

2. Publication of all decisions will not take place until the disciplinary process undertaken by BO is complete.

3. Publication means the communication of information by making it known or accessible to the general public through any means, including print, telecommunication or electronic means.

4. Notification means providing a written copy of any disciplinary decision to an organization as required by the Reciprocation Policy. Parties who receive a copy of a disciplinary decision may not publicly disclose this information, expect as reasonably necessary to implement the terms of the decision and any sanction.

5. After receiving a copy of a disciplinary decision, BO will, unless otherwise directed by the Panel, make the disciplinary decision publicly available on their website or by any other means, such as social media channels, deemed appropriate by BO.

6. Decisions will be posted in accordance with the following:

a. Where a sanction or discipline is imposed for a set period where an Organizational Participant is restricted in their involvement with the sanctioned activities of BO, such as a suspension or a probationary period, the decision will be posted for the duration of the sanction. It will be removed at once the identified time has passed plus two years.

b. Where a sanction or discipline involves a verbal or written warning or other reprimand, the decision will be posted for two years.

c. If there a sanction or discipline involves a period of ineligibility, the decision will be posted for the period of ineligibility plus two years, except in the case of a sanction of permanent ineligibility. A sanction of permanent ineligibility will be posted indefinitely.

d. If a sanction or discipline is conditional on the completion of training, education or other conditions, the decision will be posted until the Organizational Participant has completed the required conditions to the satisfaction of BO, plus two years.

e. All publications shall take place following the completion of the complaint process. In exceptional circumstances, publication will take place to protect the public and/or if the integrity of BO will be affected by not publishing the decision.

f. The publishing of interim suspensions and/or provisional measures will only take place in exceptional circumstances described above in subsection (e).

g. Publication bans are standard while a complaint is in progress with BO. All information except for information already publicly available or released is subject to a publication ban and kept confidential until the process is completed.

7. Prior to publishing the disciplinary decision, BO will remove any confidential or sensitive material from the disciplinary decision, including any identifying information about Organizational Participants or other individuals named, unless these Organizational Participants are subject to a sanction and/or discipline in the disciplinary decision.

8. Matters which are resolved prior to a decision of a panel being issued will not be subject to publication, though BO may notify any relevant organization of any settlement and resulting restrictions on the participation rights of a Respondent within the sanctioned activities of BO.

9. BO will publish a summary of the disciplinary decision. This summary will include the name of the Respondent(s), the nature of the breach or breaches, the policies, bylaws, rules, or regulations that have been breached, the outcome and any sanction imposed, as well as the date of decision.

10. Identifying information regarding Minor or Vulnerable Organizational Participants will never be published by BO.

11. Disciplinary decisions involving sanctions imposed by the OSIC will be published according to the guidelines established by the OSIC.

12. Nothing in the above prohibits BO from notifying relevant sport organizations of any disciplinary decision imposing a sanction and/or discipline on an Organizational Participant, including Minor or Vulnerable Organizational Participant, as required by the Reciprocation Policy. If a Minor or Vulnerable Organizational Participant is sanctioned and/or disciplined under a disciplinary decision, any organization who receives notification of this disciplinary decision must keep the decision confidential, expect as reasonably necessary to implement the terms of the disciplinary decision.

13. Records of all decisions will be maintained by BO in accordance with the Privacy Policy.

Alternative Dispute Resolution Policy

Purpose

  1. BO supports the principles of Alternative Dispute Resolution (ADR) and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. ADR also avoids the uncertainty, costs, and other negative effects associated with lengthy appeals or complaints, or with litigation.
  2. BO encourage all Organizational Participants to communicate openly, and to collaborate and use problem-solving and negotiation techniques to resolve their differences. BO believe that negotiated settlements are most often preferable to arbitrated outcomes. Negotiated resolutions to disputes with and among Organizational Participants are strongly encouraged.

Application of this Policy

  1. This Policy applies to all Organizational Participants.
  2. Opportunities for ADR may be pursued at any point in a dispute when all parties to the dispute agree that such a course of action would be mutually beneficial.

Facilitation and Mediation

  1. If all parties to a dispute agree to ADR, a mediator or facilitator, acceptable to all parties, shall be appointed to mediate or facilitate the dispute.
  2. The mediator or facilitator shall decide the format under which the dispute shall be mediated or facilitated and may, if they consider it appropriate, specify a deadline before which the parties must reach a negotiated decision.
  3. Should a negotiated settlement be reached, the written settlement shall be reported to, and approved by, BO for approval. Any actions that are to take place as a result of the decision shall be enacted on the timelines specified by the negotiated decision, pending approval.
  4. Should a negotiated settlement not be reached by the deadline specified by the mediator or facilitator at the start of the process (if set), or if the parties to the dispute do not agree to ADR, the dispute shall be considered under the appropriate section of the Discipline and Complaints Policy or Appeal Policy, as applicable.

Final and Binding

  1. Any negotiated settlement will be binding on the parties. Negotiated settlements may not be appealed.

Appeal Policy

Purpose

1. This Appeal Policy provides Organizational Participants with a fair and expedient appeal process.

Scope and Application of this Policy

2. This Policy applies to all Organizational Participants.

3. Any Organizational Participant who is directly affected by a decision made by BO shall have the right to appeal that decision if there are sufficient grounds for the appeal under the Grounds for Appeal section of this Policy.

4. This Policy will apply to decisions relating to:

a) Eligibility
b) Selection
c) Conflict of Interest
d) Discipline
e) Membership

5. This Policy will not apply to decisions relating to:

a) Employment
b) Infractions for doping offenses
c) The rules of the sport
d) Selection criteria, quotas, policies, and procedures established by entities other than BO
e) Substance, content and establishment of team selection or carding criteria
f) Volunteer/coach appointments and the withdrawal or termination of those appointments
g) Budgeting and budget implementation
h) The organization’s operational structure and committee appointments
i) Decisions or discipline arising within the business, activities, or events organized by entities other than BO (appeals of these decisions shall be dealt with pursuant to the policies of those other entities unless requested and accepted by BO at its sole discretion)
j) Commercial matters for which another appeals process exists under a contract or applicable law
k) Decisions made under this Policy

Timing of Appeal

6. Organizational Participants who wish to appeal a decision have seven (7) days from the date on which they received notice of the decision to submit the following:

a) Notice of the intention to appeal
b) Their contact information
c) Name and contact information of the Respondent and any Affected Parties, when known to the Appellant
d) Date the Appellant was advised of the decision being appealed
e) A copy of the decision being appealed, or description of decision if written document is not available
f) Grounds for the appeal
g) Detailed reasons for the appeal
h) All evidence that supports these grounds
i) Requested remedy or remedies
j) An administration fee of two hundred dollars ($200), which will be refunded if the appeal is upheld

7. An Organizational Participant who wishes to initiate an appeal beyond the seven (7) day period must provide a written request stating the reasons for an exemption. The decision to allow, or not allow an appeal outside of the seven (7) day period will be at the sole discretion of the Appeal Manager and may not be appealed.

Submitting an Appeal

8. Appeals of decisions made by a Member can be submitted to the Member to be heard pursuant to this Policy, adapted by the Member as required. Alternatively, BO may hear appeals of Members decisions, at its discretion.

9. Appeals of decisions made by BO can be submitted to BO to be addressed pursuant to this Policy.

Grounds for Appeal

10. A decision cannot be appealed on its merits alone. An appeal may only be heard if there are sufficient grounds for appeal. Sufficient grounds include the Respondent:

a) Made a decision that it did not have the authority or jurisdiction (as set out in the Respondent’s governing documents) to make
b) Failed to follow its own procedures (as set out in the Respondent’s governing documents)
c) Made a decision that was influenced by bias (where bias is defined as a lack of neutrality to such an extent that the decision-maker appears not to have considered other views)
d) Made a decision that was unreasonable

Screening of Appeal

11. The parties may first attempt to resolve the appeal through the Alternative Dispute Resolution Policy.

12. Appeals resolved under the Alternative Dispute Resolution Policy will result in the administration fee being refunded to the Appellant.

13. Should the appeal not be resolved by using the Alternative Dispute Resolution Policy, BO will appoint an independent Appeal Manager (who must not be in a conflict of interest or have any direct relationship with the parties) who has the following responsibilities:

a) To determine if the appeal falls under the scope of this Policy
b) To determine if the appeal was submitted in a timely manner
c) To decide whether there are sufficient grounds for the appeal

14. If the Appeal Manager denies the appeal because of insufficient grounds because it was not submitted in a timely manner, or because it did not fall under the scope of this Policy, the Appellant will be notified, in writing, of the reasons for this decision. This decision may not be appealed.

15. If the Appeal Manager is satisfied there are sufficient grounds for an appeal, the Appeal Manager will appoint an Appeal Panel which shall consist of a single Arbitrator, to hear the appeal. In extraordinary circumstances, and at the discretion of the Appeal Manager, an Appeal Panel composed of three persons may be appointed to hear the appeal. In this event, the Appeal Manager will appoint one of the Panel’s members to serve as the Chair.

Determination of Affected Parties

16. To confirm the identification of any Affected Parties, the Appeal Manager will engage BO. The Appeal Manager may determine whether a party is an Affected Party in their sole discretion.

Procedure for Appeal Hearing

16. The Appeal Manager shall notify the Parties that the appeal will be heard. The Appeal Manager shall then decide the format under which the appeal will be heard. This decision is at the sole discretion of the Appeal Manager and may not be appealed.

17. If a party chooses not to participate in the hearing, the hearing will proceed in any event.

18. The format of the hearing may involve an oral in-person hearing, an oral hearing by telephone or other electronic means, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the Appeal Manager and the Panel deem appropriate in the circumstances. The following guidelines will apply to the hearing:

a) The hearing will be held within a timeline determined by the Appeal Manager
b) The Parties will be given reasonable notice of the day, time and place of an oral in-person hearing or oral hearing by telephone or electronic communications.
c) Copies of any written documents which any of the Parties wishes to have the Panel consider will be provided to all Parties in advance of the hearing
d) The Parties may be accompanied by a representative, advisor, or legal counsel at their own expense
e) The Panel may request that any other individual participate and give evidence at an oral in-person hearing or oral hearing by telephone or electronic communications.
f) The Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the appeal, but may exclude such evidence that is unduly repetitious and shall place such weight on the evidence as it deems appropriate
g) 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 an Affected Party to the appeal in question and will be bound by its outcome
h) The decision to uphold or reject the appeal will be by a majority vote of Panel members

19. In fulfilling its duties, the Panel may obtain independent advice.

Appeal Decision

20. The Appellant must demonstrate, on a balance of probabilities, that the Respondent has made a procedural error as described in the Grounds for Appeal section of this Policy and that this error had, or may reasonably have had, a material effect on the decision or decision-maker.

21. The Panel shall issue its decision, in writing and with reasons, within seven (7) days after the hearing’s conclusion. 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;
b) Uphold the appeal and refer the matter back to the initial decision-maker for a new decision; or
c) Uphold the appeal and vary the decision.

22. The Panel will also determine whether costs of the appeal, excluding legal fees and legal disbursements of any parties, will be assessed against any party. In assessing costs, the Panel will take into account the outcome of the appeal, the conduct of the parties, and the parties’ respective financial resources.

23. The Panel’s written decision, with reasons, will be distributed to all parties, the Appeal Manager, and BO. In extraordinary circumstances, the Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued thereafter. The decision will be considered a matter of public record unless decided otherwise by the Panel.

Timelines

24. If the circumstances of the appeal are such that adhering to the timelines outlined by this Policy will not allow a timely resolution to the appeal, the Appeal Manager and/or Panel may direct that these timelines be revised.

Confidentiality

25. The appeals process is confidential and involves only the parties, the Appeal Manager, the Panel, and any independent advisors to the Panel. Once initiated and until a decision is released, none of the Parties (or their representatives or witnesses) will disclose confidential information relating to the appeal to any person not involved in the proceedings, unless BO is required to notify an organization such as an international federation, Sport Canada or other sport organization (i.e., where a Provisional Suspension or interim measures have been imposed and communication is required to ensure that they may be enforced), or notification is otherwise required by law.

Final and Binding

26. No action or legal proceeding will be commenced against BO or Organizational Participants in respect of a dispute, unless BO has refused or failed to provide or abide by the dispute resolution process and/or appeal process as set out in governing documents.

Privacy Policy

General

1. Background – Privacy of personal information is governed by the federal Personal Information Protection and Electronics Documents Act (“PIPEDA”). This policy describes the way that Boxing Ontario (“BO”) collects, uses, safeguards, discloses and disposes of personal information, and states BO’s commitment to collecting, using and disclosing personal information responsibly. This policy is based on the standards required by PIPEDA and BO’s interpretation of these responsibilities.

2. Purpose – The purpose of this policy is to govern the collection, use and disclosure of personal information in the course of commercial activities in a manner that recognizes the right to privacy of individuals with respect to their personal information and the need of BO to collect, use or disclose personal information.

Application of this Policy

3. Application – This Policy applies to Representatives in connection with personal information that is collected, used or disclosed during any commercial activity related to BO.

4. Ruling on Policy – Except as provided in the Act, the Board of Directors of BO will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.

Obligations

5. Statutory Obligations – BO is governed by the Personal Information Protection, Electronic Documents Act in matters involving the collection, use and disclosure of personal information.

6. Additional Obligations – In addition to fulfilling all requirements of the Act, BO and its Representatives will also fulfill the additional requirements of this Policy. Representatives of BO will not:

a) Disclose personal information to a third party during any business or transaction unless such business, transaction or other interest is properly consented to in accordance with this Policy;

b) Knowingly place themselves in a position where they are under obligation to any organization to disclose personal information;

c) In the performance of their official duties, disclose personal information to family members, friends or colleagues, or to organizations in which their family members, friends or colleagues have an interest;

d) Derive personal benefit from personal information that they have acquired during the course of fulfilling their duties with BO; or

e) Accept any gift or favour that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information.

Accountability

7. Privacy Officer – The Privacy Officer is responsible for the implementation of this policy and monitoring information collection and data security and for ensuring that all staff receives appropriate training on privacy issues and their responsibilities. The Privacy Officer also handles personal information access requests and complaints. The Privacy Officer may be contacted as follows:

Email: [email protected]

8. Duties – The Privacy Officer will:

a) Implement procedures to protect personal information;

b) Establish procedures to receive and respond to complaints and inquiries;

c) Record all persons having access to personal information;

d) Ensure any third-party providers abide by this Policy; and

e) Train and communicate to staff information about BO’s privacy policies and practices.

9. Employees – BO shall be responsible to ensure that the employees, contractors, agents, or otherwise of BO are compliant with the Act and this Policy.

Identifying Purposes

10. Purpose – Personal information may be collected from Representatives and prospective Representatives for purposes that include, but are not limited to, the following:

Communications:

a) Sending communications in the form of e-news or a newsletter with content related to BO programs, events, fundraising, activities, discipline, appeals, and other pertinent information

b) Publishing articles, media relations and postings on BO website, displays or posters

c) Award nominations, biographies, and media relations

d) Communication within and between Representatives

e) Discipline results and long-term suspension list

f) Checking residency status

g) Posting images, likeness or other identifiable attributes to promote BO

Registration, Database Entry and Monitoring:

h) Registration of programs, events and activities

i) Database entry at the Coaching Association of Canada and to determine level of coaching certification coaching qualifications and coach selection.

j) Database entry to determine level of officiating certification and qualifications

k) Determination of eligibility, age group and appropriate level of play/competition

l) Athlete Registration, outfitting uniforms, and various components of athlete and team selection

m) Technical monitoring, officials training, educational purposes, sport promotion, and media publications

n) Selection

o) Implementation of anti-doping policies and drug testing

p) Implementation of classification

q) Technical monitoring, coach/club review, officials training, educational purposes, media publications, and sport promotion

Sales, Promotions and Merchandising:

r) Purchasing equipment, coaching manuals, resources and other products

s) Promotion and sale of merchandise

General:

t) Travel arrangement and administration

u) Implementation of BO’s screening program

v) Medical emergency, emergency contacts or reports relating to medical or emergency issues

w) Determination of membership demographics and program wants and needs

x) Managing insurance claims and insurance investigations

y) Video recording and photography for personal use, and not commercial gain, by spectators, parents and friends

z) Video recording and photography for promotional use, marketing and advertising by BO

aa) Payroll, honorariums, company insurance and health plans

11. Purposes not Identified – BO shall seek consent from individuals when personal information is used for Commercial Activity not previously identified. This consent will be documented as to when and how it was received.

Consent

12. Consent – BO shall obtain consent by lawful means from individuals at the time of collection and prior to the use or disclosure of this information. BO may collect personal information without consent where reasonable to do so and where permitted by law.

13. Implied Consent – By providing personal information to BO, individuals are consenting to the use of the information for the purposes identified in this policy.

14. Withdrawal – An individual may declare to the Privacy Officer in writing to withdraw consent to the collection, use or disclosure of personal information at any time, subject to legal or contractual restrictions. BO will inform the individual of the implications of such withdrawal.

15. Legal Guardians – Consent shall not be obtained from individuals who are minors, seriously ill, or mentally incapacitated and therefore shall be obtained from a parent, legal guardian or person having power of attorney of such an individual.

16. Exceptions for Collection – BO is not required to obtain consent for the collection of personal information if:

a) It is clearly in the individual’s interests and consent is not available in a timely way;

b) Knowledge and consent would compromise the availability or accuracy of the information and collection is required to investigate a breach of an agreement or contravention of a federal or provincial law

c) The information is for media or journalistic purposes; or

d) The information is publicly available as specified in the Act.

17. Exceptions for Use – BO may use personal information without the individual’s knowledge or consent only:

a) If BO has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation;

b) For an emergency that threatens an individual’s life, health or security;

c) Aggregate information for statistical or scholarly study or research;

d) If it is publicly available as specified in the Act;

e) If the use is clearly in the individual’s interest and consent is not available in a timely way; or

f) If knowledge and consent would compromise the availability or accuracy of the information and collection was required to investigate a breach of an agreement or contravention of a federal or provincial law.

18. Exceptions for Disclosure – BO may disclose personal information without the individual’s knowledge or consent only:

a) To a lawyer representing BO;

b) To collect a debt the individual owes to BO;

c) To comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;

d) To a government institution that has requested the information, identified its lawful authority, and indicated that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or that suspects that the information relates to national security or the conduct of international affairs; or is for the purpose of administering any federal or provincial law;

e) To an investigative body named in the Act or government institution on BO’s initiative when BO believes the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security or the conduct of international affairs;

f) To an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law;

g) In an emergency threatening an individual’s life, health, or security (BO must inform the individual of the disclosure);

h) Aggregate information for statistical, scholarly study or research;

i) To an archival institution;

j) 20 years after the individual’s death or 100 years after the record was created;

k) If it is publicly available as specified in the regulations; or

l) If otherwise required by law.

Limiting Collection, Use, Disclosure and Retention

19. Limiting Collection, Use and Disclosure – BO shall not collect, use or disclose personal information indiscriminately. Information collected will be for the purposes specified in this Policy, except with the consent of the individual or as required by law.

20. Retention Periods – Personal information shall be retained as long as reasonably necessary to enable participation in BO, to maintain accurate historical records and or as may be required by law.

21. Destruction of Information – Documents shall be destroyed by way of shredding and electronic files will be deleted in their entirety.

Safeguards

22. Safeguards – Personal information shall be protected by security safeguards appropriate to the sensitivity of the information against loss or theft, unauthorized access, disclosure, copying, use or modification.

Breaches

23. Breaches – BO is required to report breaches of its security safeguards and any unauthorized disclosure of, or access to, personal information to the Office of the Privacy Commissioner if the breach, disclosure, or access may pose a “real risk of significant harm” to an individual. A “real risk of significant harm” is defined as: “Bodily harm, humiliation, damage to reputation or relationships, loss of employment, business or professional opportunities, financial loss, identity theft, negative effects on the credit record and damage to or loss of property”.

24. Reporting – BO will report the breach or unauthorized access or disclosure to the Office of the Privacy Commissioner in the form and format specified by the Office of the Privacy Commissioner or will be subject to financial penalties.

25. Records and Notification – In addition to reporting the breach or unauthorized access or disclosure, BO will keep records of the breach and inform affected individuals.

Individual Access

26. Access – Upon written request, and with assistance from BO, an individual may be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. Further, an individual is entitled to be informed of the source of the personal information along with an account of third parties to whom the information has been disclosed.

27. Response – Requested information shall be disclosed to the individual within 30 days of receipt of the written request at no cost to the individual, or at nominal costs relating to photocopying expenses, unless there are reasonable grounds to extend the time limit.

28. Denial – An individual may be denied access to his or her personal information if the information:

a) Cannot be disclosed for legal, security, or commercial proprietary purposes; or

b) Is subject to solicitor-BO privilege or litigation privilege.

29. Reasons – Upon refusal, BO shall inform the individual the reasons for the refusal and the associated provisions of the Act.

30. Identity – Sufficient information shall be required to confirm an individual’s identity prior to providing that individual an account of the existence, use, and disclosure of personal information.

Challenging Compliance

31. Challenges – An individual shall be able to challenge compliance with this Policy and the Act to the designated individual accountable for compliance.

32. Procedures – Upon receipt of a complaint BO shall:

a) Record the date the complaint is received;

b) Notify the Privacy Officer who will serve in a neutral, unbiased capacity to resolve the complaint;

c) Acknowledge receipt of the complaint by way of written communication and clarify the nature of the complaint within three (3) days of receipt of the complaint;

d) Appoint an investigator using Organization personnel or an independent investigator, who shall have the skills necessary to conduct a fair and impartial investigation and shall have unfettered access to all relevant file and personnel, within ten (10) days of receipt of the complaint;

e) Upon completion of the investigation and within twenty-five (25) days of receipt of the complaint, the investigator will submit a written report to BO; and

f) Notify the complainant to the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures within thirty (30) days of receipt of the complaint.

33. Whistleblowing – BO shall not dismiss, suspend, demote, discipline, harass or otherwise disadvantage any director, officer, employee, committee member volunteer, trainer, contractor, and other decision-maker within BO or deny that person a benefit because the individual, acting in good faith and on the basis of reasonable belief:

a) Disclosed to the commissioner that BO has contravened or is about to contravene the Act;

b) Has done or stated an intention of doing anything that is required to be done in order to avoid having any person contravene the Act; or

c) Has refused to do or stated an intention of refusing to do anything that is in contravention of the Act.

IP Address

34. IP Address – BO does not collect, use or disclose personal information such as IP Addresses.

Applicable Law

35. Applicable Law – BO’s website is created and controlled by BO in the province of Ontario. As such, the laws of the province of Ontario shall govern these disclaimers, terms and conditions.

Social Media Policy

Preamble

1. BO is aware that Organizational Participant interaction and communication occurs frequently on Social Media. BO cautions Organizational Participants that any conduct falling short of the standard of behaviour required by this Social Media Policy and the Code of Conduct and Ethics may be subject to the disciplinary sanctions identified within the Harassment, Discipline and Complaints Policy.

Application of this Policy

2. This Policy applies to all Organizational Participants.

Conduct and Behaviour

3. All conduct and behaviour occurring on Social Media must comply with the Code of Conduct and Ethics.

4. Organizational Participants may not engage in the following behaviour on Social Media:

a) Posting a disrespectful, hateful, harmful, disparaging, or insulting comment on a social medium.

b) Posting a picture, altered picture, or video on a social medium that is harmful, disrespectful, insulting, embarrassing, suggestive, provocative, or otherwise offensive.

c) Creating or contributing to a Facebook group, webpage, Instagram account, Twitter feed, blog, or online forum devoted solely or in part to promoting negative or disparaging remarks or commentary about BO or its stakeholders or reputation

d) Any instance of cyber-bullying or cyber-harassment where incidents of cyber-bullying and cyber-harassment can include but are not limited to the following conduct on any social medium, via text message, or via email: regular insults, negative comments, vexatious behaviour, pranks or jokes, threats, posing as another person, spreading rumours or lies, or other harmful behaviour.

Organizational Participants Responsibilities

5. Organizational Participants should be aware that their Social Media activity may be viewed by anyone; including BO.

6. If BO unofficially engages with an Organizational Participant in Social Media (such as by retweeting a tweet or sharing a photo on Facebook) the Organizational Participant may, at any time, ask BO to cease this engagement.

7. When using Social Media, an Organizational Participant must model appropriate behaviour befitting the Organizational Participant’s role and status in connection with BO.

8. Removing content from Social Media after it has been posted (either publicly or privately) does not excuse the Organizational Participant from being subject to the Harassment, Discipline and Complaints Policy.

9. An individual who believes that an Organizational Participant’s Social Media activity is inappropriate or may violate policies and procedures should report the matter to BO in the manner outlined by the Harassment, Discipline and Complaints Policy.

BO’s Responsibilities

10. BO has a responsibility to understand if and how Persons in Authority and Athletes are using Social Media to communicate with each other. Persons in Authority and Athletes may need to be reminded that behaviour in Social Media is still subject to the Code of Conduct and Ethics and Social Media Policy.

11. Complaints and concerns about the behaviour of a Person in Authority or Athlete in Social Media can be addressed under the Discipline and Complaints Policy.

Guidelines

12. The Guidelines in this section provide Persons in Authority and Athletes with tips and suggestions for Social Media use. Persons in Authority and Athletes are strongly encouraged to develop their own strategy for Social Media use (either written down or not) and ensure that their strategy for Social Media use is acceptable pursuant to the Code of Conduct and Ethics.

13. Given the nature of Social Media as a continually developing communication sphere, BO trusts its Persons in Authority and Athletes to use their best judgment when interacting with Social Media. These Guidelines are not hard and fast rules or behavioural laws; but rather recommendations that will inform individuals’ best judgment.

Social Media Guidelines for Persons in Authority

14. Persons in Authority should consider the following guidelines to inform their own strategy for Social Media use:

a) With Minor Athletes, ensure that parents/guardians are aware if some interactions may take place on Social Media and the context for those interactions, and give parents/guardians the option to prohibit or restrict communication in this space

b) Attempt to make communication with Athletes in Social Media as one-sided as possible. Be available for Athletes if they initiate contact – Athletes may wish to have this easy and quick access to you – but avoid imposing yourself into an Athlete’s personal Social Media space

c) Ensure all Social Media communication is professional, unambiguous, and on-topic. Avoid emojis and unspecific language that can be interpreted in multiple ways

d) Choosing not to engage with Social Media is an acceptable strategy. Be prepared to inform Athletes (and/or parents/guardians) why you will not engage in this space and explain which media you will use to communicate with them

e) Athletes will search for your Social Media accounts. Be prepared for how you will respond when an Athlete attempts to interact with you on Social Media

f) Annually review and update the privacy settings on all your Social Media accounts

g) Consider monitoring or being generally aware of Athletes’ public Social Media behaviour to ensure compliance with Code of Conduct and Ethics and this Policy

h) Never demand access to an Athlete’s private posts on Twitter, Instagram, or Facebook

i) Do not send friend requests to Athletes. Never pressure Athletes to send you a friend request or follow your Social Media accounts

j) If you accept a friend request from one Athlete, you should accept these requests from all Athletes. Be careful not to show favouritism on Social Media

k) Consider managing your Social Media so that Athletes do not have the option to follow you on Twitter or send you a friend request on Facebook

l) Do not identify Minor Athletes on publicly available Social Media

m) Seek permission from adult Athletes before identifying them on publicly available Social Media

n) Avoid adding Athletes to Snapchat and do not send snapchats to Athletes

o) Do not post pictures or videos of Minor Athletes on your private Social Media accounts

p) Be aware that you may acquire information about an Athlete that imposes an obligation of disclosure on your part (such as seeing pictures of Minor Athletes drinking during a trip)

q) If selection decisions and other official team business are announced on Social Media, ensure they are also posted on a less-social medium like a website or distributed via email

r) Never require Athletes to join Facebook, join a Facebook group, subscribe to a Twitter feed, or join a Facebook page about your team or organization

s) If you create a page on Facebook or Instagram for your team or Athlete, do not make this Social Media site the exclusive location for important information. Duplicate important information in less-social channels (like on a website or via email)

t) Exercise appropriate discretion when using Social Media for your own personal communications (with friends, colleagues, and other Persons in Authority) with the knowledge that your behaviour may be used as a model by Athletes

u) Avoid association with Facebook groups, Instagram accounts, or Twitter feeds with explicit sexual conduct or viewpoints that might offend or compromise your relationship with an Athlete

v) Never misrepresent yourself by using a fake name or fake profile

Social Media Guidelines for Athletes

15. The following tips should be used by Athletes to inform their own strategy for Social Media use:

a) Set your privacy settings to restrict who can search for you and what private information other people can see.

b) Coaches, teammates, officials, or opposing competitors may all add you to Facebook or follow you on Instagram or Twitter. You are not required to follow anyone or be Facebook friends with anyone.

c) Avoid adding Persons in Authority to Snapchat and do not send snapchats to Persons in Authority.

d) If you feel harassed by someone in a social medium, report it to your coach or another Person in Authority with your organization.

e) You do not have to join a fan page on Facebook or follow a Twitter feed or Instagram account.

f) Content posted on a social medium, relative to your privacy settings, is considered public. In most cases, you do not have a reasonable expectation of privacy for any material that you post.

g) Content posted to a social medium is almost always permanent – consider that other individuals may take screencaps of your content (even snapchats) before you can delete them.

h) Avoid posting pictures of, or alluding to, participation in illegal activity such as: speeding, physical assault, harassment, drinking alcohol (if underage), and smoking marijuana (if underage).

i) Model appropriate behaviour in Social Media befitting your status as a) an Athlete, and b) a member of your organization and its governing organizations. As a representative of your organization, you have agreed to the Code of Conduct and Ethics and must follow that Code when you post material and interact with other people through Social Media.

j) Be aware that your public Facebook page, Instagram account, or Twitter feed may be monitored by your organization, coach, or by another organization and content or behaviour demonstrated in Social Media may be subject to sanction under the Harassment, Discipline and Complaints Policy.

Anti-Doping Policy

Purpose

1. The purpose of this policy is to confirm that BO has adopted the 2021 CADP as its primary domestic anti-doping policy.

Scope and Authority

2. This policy applied to all Organizational Participants.

3. In the event of a conflict between this Policy and the 2021 CADP, the 2021 CADP shall prevail.

Commitment, Adoption and Cooperation

4. BO is committed to clean sport in Canada and endorses the 2021 CADP and the WADC.

5. BO has adopted and agrees to abide by the CADP as it may be amended from time to time.

6. BO is unequivocally opposed to the practice of doping in sport on ethical, medical, and legal grounds.

7. BO shall cooperate with the CCES’s investigations regarding potential anti-doping rule violations.

Education and Training

8. Anti-doping links and resources are provided as Appendix A.

9. BO will ensure that every athlete and other person participating in the sport who is subject to the CADP by way of BO’s adoption of the CADP knows that they are subject to the anti-doping rules contained in the CADP and are appropriately informed.

Sanctions and Reciprocity

10. BO will comply with the CADP with respect to public announcements of positive test results.

11. BO will respect any penalty enacted pursuant to the breach of the CADP whether imposed by WADA or the CCES.

12. BO will respect the sanctions applied to an Organizational Participant due to an anti-doping rule violation, whether imposed by WADA, the CCES, or any national or provincial sport organization.

13. All Organizational Participants sanctioned for an anti-doping rule violation will be ineligible to participate in any role with BO or in any competition or activity organized, convened, held, or sanctioned by BO as per the penalties imposed.

Safe Weight Management Policy

Boxing Ontario opposes excessive weight loss. Excessive weight loss places athletes at risk both physically and from the standpoint of enjoyment of participation.

For the purposes of weight loss, the coach is deemed to be responsible for the weight loss practices of their athletes. It is the coach’s responsibility to be aware of, and prevent excess & dangerous weight loss.  Coaches are advised to monitor the weight of their athletes and their overall physical condition on a regular basis.

Coaches are encouraged to educate athletes of the negative health and performance impacts of excessive weight loss. Such educational material can be found on Boxing Canada’s website and is available via request from Boxing Ontario. Athletes following excess weight loss practices should be counselled and educated.

Extreme measures of weight loss include:

• The use of diuretics and other medications
• The use of saunas.
• The use of rubber suits or other vapour impermeable clothing, as well as the use of excessive clothing.

Coaches whose athletes found to be using excessive weight loss techniques, or who appear to be suffering the effects of excessive weight loss techniques will be educated on Boxing Ontario’s policy, and will also be required to educate their athletes on the policy as well. Failure to comply with this policy will be considered a violation under Boxing Ontario’s Code of Conduct Section 9 (b)

Event Discipline Procedure

** This Event Discipline Procedure does not supersede or replace the Discipline and Complaints Policy **

Purpose

1. BO is committed to providing a competition environment in which all Organizational Participants are treated with respect. This Procedure outlines how alleged misconduct during an Event will be handled.

Scope and Application of this Procedure

2. This Procedure will be applied to all Events sanctioned by BO.

3. If the Event is being sanctioned by an organization other than BO (e.g., by Boxing Canada or by an international federation), the procedures for event discipline of the host organization will replace this procedure. Incidents involving Organizational Participants connected with BO (such as Athletes, coaches, and Directors and Officers) must still be reported by the head coach or team representative to BO to be addressed under the Harassment, Discipline and Complaints Policy, if necessary.

4. This Procedure does not replace or supersede the Discipline and Complaints Policy. Instead, this Procedure works in concert with the Discipline and Complaints Policy by outlining, for a designated person with authority at an event sanctioned by BO, the procedure for taking immediate, informal, or corrective action in the event of a possible violation of the Code of Conduct and Ethics.

Misconduct During Events

5. Incidents that violate or potentially violate the Code of Conduct and Ethics, which can occur during a competition, away from the area of competition, or between parties connected to the Event, shall be reported by the head coach or team representative to a designated person (usually the chief official) responsible at the Event.

6. The designated person at the Event shall use the following procedure to address the incident that violated or potentially violated the Code of Conduct and Ethics:

a) Notify the involved parties that there has been an incident that violated or potentially violated the Code of Conduct and Ethics

b) Convene a jury of either one person or three people (one of whom shall be designated the Chairperson), who shall not be in a conflict of interest or involved in the original incident, to determine whether the Code of Conduct and Ethics has been violated. The designated person at the Event may serve on the jury

c) The jury will interview and secure statements from any witnesses to the alleged violation

d) If the violation occurred during a competition, interviews will be held with the officials who officiated or observed the competition and with the coaches and captains of each team when necessary and appropriate

e) The jury will secure a statement from the person(s) accused of the violation

f) The jury will render a decision and determine a possible penalty

g) The Chairperson of the jury will inform all parties of the jury’s decision

7. The penalty determined by the jury may include any of the following, singularly or in combination:

a) Oral or written warning

b) Oral or written reprimand

c) Suspension from future competitions at the Event

d) Ejection from the Event

e) Other appropriate penalty as determined by the jury

8. The jury does not have the authority to determine a penalty that exceeds the duration of the Event. A full written report of the incident and the jury’s decision shall be submitted to BO by the Chair of the jury following the conclusion of the Event. Further discipline may then be applied in accordance with the Discipline and Complaints Policy, if necessary.

9. Decisions made pursuant to this Policy may not be appealed.

10. This Policy does not prohibit other Organizational Participants from reporting the same incident to BO to be addressed as a formal complaint under the Harassment, Discipline and Complaints Policy.

11. BO shall record and maintain records of all reported incidents.

Timelines

12. The procedures outlined in this Procedure are Event-specific and therefore shall be exercised and implemented as soon as it is reasonable to do so. The final decision of the jury must be reached and communicated to the Parties prior to the conclusion of the event for it to be effective.

13. Decisions issued by the jury after the conclusion of the event will not be enforceable.

Diversity, Equity, and Inclusion Policy

POLICY STATEMENT: BO is committed to encouraging equity in its administration, policies, programs, and activities.

Policy Category: Governance
Approval Authority: Board of Directors
Approval Date: July 2023
Next Review Date: Every two years

Purpose

1. BO is committed to encouraging diversity, equity and inclusion in its administration, policies, programs, and activities. The purpose of this Policy is to ensure that BO provides Under-Represented Groups with a full and equitable range of opportunities to participate and lead.

General

2. BO will:

a) Provide this Policy to staff and Directors and provide education on the importance of diversity, equity, and inclusion and what this entails in terms of practices, policies, procedures, and norms of behaviour

b) Provide registration forms and other documents that allow:

i. the individual to indicate their gender identity and expression, rather than their sex or gender;
ii. the individual to abstain from indicating a gender identity with no consequence to the individual;
iii. the individual to indicate their pronoun(s); and
iv. the individual to indicate their preferred name

c) Maintain organizational documents and BO’s website in a manner that promotes inclusive language and images

d) Refer to individuals by their preferred name and their pronoun(s)

e) Work with Under-Represented Groups on the implementation, monitoring and/or modification of this Policy

f) When BO has the authority to determine participants’ use of washrooms, change rooms, and other facilities, BO will permit individuals to use the facilities of their gender identity

g) Ensure uniforms and dress codes that respect an individual’s gender identity and gender expression

h) Support inclusion, equity, and access for Under-Represented Groups

i) Exercise influence with external agencies to encourage equity

Programming

3. BO is committed to creating and supporting programs that address diversity, equity, and inclusion issues in sport. For example, BO will:

a) Ensure that the achievement of equitable opportunities is a key consideration when developing, updating, or delivering BO’s programs and policies

b) Ensure that individuals from Under-Represented Groups have no barriers to participation in BO’s programs, training, and coaching opportunities

c) Create and support new programming that specifically addresses diversity, equity, and inclusion

d) Monitor and evaluate the success of its diversity, equity, and inclusion programming

e) Fund programs and services equally

f) Encourage Under-Represented Groups to act as role models for young participants

g) Create special opportunities to advance the number and levels of women in coaching

h) When planning educational sessions, consider a balance of presenters from all gender identities

Staff, Board of Directors, Committee

4. BO will:

a) Strive to achieve gender balance in the appointment of all committees, task forces and other decision-making or decision-influencing bodies, and in seeking nominations for and appointments to the Board

b) Include gender equity as a stated value that is accepted and promoted on nominating and selection committees

c) Ensure equal opportunities exist for all staff to receive professional development to move towards senior levels of decision-making

d) Develop, update, and deliver all policies, programs and services ensuring the concerns and needs of Under-Represented Groups are identified, promoted, and supported

e) Deal with any incidence of discriminatory behaviour according to BO’s Code of Conduct and Ethics Policy.

Media Relations

5. BO will:

a) Strive to ensure that Under-Represented Groups are portrayed equitably in promotional materials and official publications, and that gender-neutral language is used in all communications

b) Produce all written and visual materials in a gender-inclusive manner

c) Develop a communication plan that strives to give media visibility to Under-Represented Groups

d) Use gender-appropriate or gender-neutral language and positive, active visuals in all publications, graphics, videos, posters and on websites

Human Resource Management

6. As part of its commitment to the use of equitable human resource management practices, BO will:

a) Adopt, when possible, work practices such as flex-time, job-sharing, and home-based offices

b) Provide a physically accessible workplace environment

c) Ensure a non-smoking environment

d) Use non-discriminatory interview techniques

e) Provide opportunities for all staff to advance to senior decision-making levels and receive equitable remuneration

f) Publicly declare BO to be an equal opportunity employer and respect and implement the principle of pay equity in relation to salaried and contract employees

g) When appropriate, make available access to Employee Assistance counselling

Ongoing Commitment to Inclusion, Diversity and Equity

7. BO resolves to continue to incorporate inclusion, diversity, and equity matters in its strategies, plans, actions, and operations; including technical programs, business management, sponsorship, marketing, media, and communications.

Evaluation

8. BO will continually monitor and evaluate its inclusion, equity, and diversity progress.

Concussion Policy and Code

Preamble

1. This Policy is based on the 5th Consensus Statement on Concussion in Sport that was released in April 2017. This Policy interprets the information contained in the report that was prepared by the 2017 Concussion in Sport Group (CISG), a group of sport concussion medical practitioners and experts, and adapts concussion assessment and management tools.

2. This Policy is intended to be compliant with Ontario’s Rowan’s Law (Concussion Safety), 2018. If any provision of the policy conflicts with Rowan’s Law, the legislation shall take precedence.

3. This Policy, while adopted by Boxing Ontario, is to be adopted, implemented, and followed by each of Boxing Ontario’s clubs. Boxing Ontario shall disseminate and make available this Concussion Policy and Code to each one of its clubs to ensure each club recognizes how to diagnose and treat concussions.

4. The CISG suggested 11 ‘R’s of Sport-Related Concussion (“SRC”) management to provide a logical flow of concussion management. This Policy is similarly arranged. The 11 R’s in this Policy are: Recognize, Remove, Re-Evaluate, Rest, Rehabilitation, Refer, Recover, Return to Sport, Reconsider, Residual Effects, and Risk Reduction.

5. A concussion is a clinical diagnosis that can only be made by a physician.

Purpose

6. BO is committed to ensuring the safety of Organizational Participants in its activities. BO recognizes the increased awareness of concussions and their long-term effects and believes that prevention of concussions is paramount to protecting the health and safety of Organizational Participants.

7. This Policy describes the common signs and symptoms of a concussion and how to identify them, the protocol to be followed in the event of a possible concussion, and a Return to Sport protocol should a concussion be diagnosed. Awareness of the signs and symptoms of concussion and knowledge of how to properly manage a concussion is critical to recovery and helping to ensure the individual is not returning to physical activities too soon, risking further complication.

8. This Policy applies to all activities and events for which BO is the governing or sanctioning body including, but not limited to, competitions, practices, and training sessions.

Registration

9. When an individual under the age of 26 years old registers with BO, the individual must provide written or electronic confirmation that they have reviewed concussion awareness resources within the past 12 months. The Ontario Government has produced age-appropriate concussion resources located here:

a) Ages 10 and under
b) Ages 11-14
c) Ages 15+

10. Individuals under the age of 26 years old must also sign the Concussion Code of Conduct (Appendix A).

11. For athletes younger than 18 years old, the athlete’s parent or guardian must also provide confirmation that they have also reviewed the concussion resources as well and signed the Concussion Code of Conduct.

12. Coaches, officials and team trainers must provide confirmation that they have also reviewed the concussion resources and sign the Concussion Code of Conduct; but not if they will be interacting exclusively with athletes who are 26 years old or older.

Recognizing Concussions

13. If an Organizational Participant demonstrates or reports any of the following red flags, an on-site licensed healthcare professional shall be summoned and, if deemed necessary, an ambulance should be called[1]:

a) Neck pain or tenderness
b) Double vision
c) Weakness or tingling / burning in arms or legs
d) Severe or increasing headache
e) Seizure or convulsion
f) Loss of consciousness
g) Deteriorating conscious state
h) Vomiting more than once
i) Increasingly restless, agitated, or combative
j) Increased confusion

14. The following observable signs may indicate a possible concussion:

a) Lying motionless on the playing surface
b) Slow to get up after a direct or indirect hit to the head
c) Disorientation or confusion / inability to respond appropriately to questions
d) Blank or vacant look
e) Balance or gait difficulties, absence of regular motor coordination, stumbling, slow laboured movements
f) Facial injury after head trauma

15. A concussion may result in the following symptoms:

a) Headache or “pressure in head”
b) Balance problems or dizziness
c) Nausea or vomiting
d) Drowsiness, fatigue, or low energy
e) Blurred vision
f) Sensitivity to light or noise
g) More emotional or irritable
h) “Don’t feel right”
i) Sadness, nervousness, or anxiousness
j) Neck pain
k) Difficulty remembering or concentrating
l) Feeling slowed down or “in a fog”

16. Failure to correctly answer any of these memory questions may suggest a concussion:

a) What venue are we at today?
b) Where was your last major competition?
c) What day is it?
d) What event are you participating in?

Removal from Sport Protocol

17. In the event of a Suspected Concussion where there are observable signs of a concussion, symptoms of a concussion, or a failure to correctly answer memory questions, the Organizational Participant should be immediately removed from participation by a designated person who is either an on-site staff member at one of BO’s clubs and/or [insert other options for designated person].

18. After removal from participation, the following actions should be taken:

a) The designated person who removed the Organizational Participant should consider calling 9-1-1;
b) BO must make and keep a record of the removal;
c) The designated person must inform the Organizational Participant’s parent or guardian if the Organizational Participant is younger than 18 years old, and the designated person must inform the parent or guardian that the Organizational Participant is required to undergo a medical assessment by a physician or nurse practitioner before the Organizational Participant will be permitted to return to participation; and
d) The designated person will remind the Organizational Participant, and the Organizational Participant’s parent or guardian as applicable, of BO’s Return-to-Sport protocol as described in this Policy.

19. Organizational Participants who have a Suspected Concussion and who are removed from participation should:

a) Be isolated in a dark room or area and stimulus should be reduced
b) Be monitored
c) Have any cognitive, emotional, or physical changes documented
d) Not be left alone (at least for the first 1-2 hours)
e) Not drink alcohol
f) Not use recreational/prescription drugs
g) Not be sent home by themselves
h) Not drive a motor vehicle until cleared to do so by a medical professional

20. An Organizational Participant who has been removed from participation due to a suspected concussion should not return to participation until the Organizational Participant has been assessed medically, preferably by a physician who is familiar with the Sport Concussion Assessment Tool – 5th Edition (SCAT5) (for Organizational Participants over the age of 12) or the Child SCAT5 (for Organizational Participants between 5 and 12 years old), even if the symptoms of the concussion resolve.

Re-Evaluate

21. An Organizational Participant with a Suspected Concussion should be evaluated by a licensed physician who should conduct a comprehensive neurological assessment of the Organizational Participant and determine the Organizational Participant’s clinical status and the potential need for neuroimaging scans.

Rest and Rehabilitation

22. Organizational Participants with a diagnosed SRC should rest during the acute phase (24-48 hours) but can gradually and progressively become more active so long as activity does not worsen the Organizational Participant’s symptoms. Organizational Participants should avoid vigorous exertion.

23. Organizational Participants must consider the diverse symptoms and problems that are associated with SRCs. Rehabilitation programs that involve controlled parameters below the threshold of peak performance should be considered.

Refer

24. Organizational Participants who display persistent post-concussion symptoms (i.e., symptoms beyond the expected timeline for recovery – 10-14 days for adults and 4 weeks for children) should be referred to physicians with experience handling SRCs.

Recovery and Return to Sport

25. SRCs have large adverse effects on cognitive functioning and balance during the first 24-72 hours after injury. For most Organizational Participants, these cognitive defects, balance and symptoms improve rapidly during the first two weeks after injury. An important predictor of slower recovery from an SRC is the severity of the Organizational Participant’s initial symptoms following the first few days after the injury.

26. The table below represents a graduated return to sport for most Organizational Participants, in particular those that did not experience high severity of initial symptoms after the following the first few days after the injury.

Table 1 – Return to Sport Strategy

Stage Aim Activity Stage Goal
1 Symptom-limited activity Daily activities that do not provoke symptoms Gradual reintroduction of work/school activities
2 Light aerobic exercise Walking or stationary cycling at slow to medium pace. No resistance training Increase heart rate
3 Sport-specific exercise Light drills. No head impact activities Add movement
4 Non-contact training drills Harder training drills. May start progressive resistance training Exercise, coordination and increased thinking
5 Full contact practice Following medical clearance, participate in normal training activities Restore confidence and assess functional skills by coaching staff
6 Return to sport Normal participation

27. An initial period of 24-48 hours of both physical rest and cognitive rest is recommended before beginning the Return to Sport strategy.

28. There should be at least 24 hours (or longer) for each step. If symptoms reoccur or worsen, the Organizational Participant should go back to the previous step.

29. Resistance training should only be added in the later stages (Stage 3 or Stage 4).

30. If symptoms persist, the Organizational Participant should return to see a physician.

31. The Organizational Participant’s Return-to-Sport strategy should be guided and approved by a physician with regular consultations throughout the process.

32. The Organizational Participant must provide BO with a medical clearance form, signed by a physician, following Stage 5 and before proceeding to Stage 6.

Reconsider

33. The 2017 Concussion in Sport Group (CISG) considered whether certain populations (children, adolescents, and elite athletes) should have SRCs managed differently.

34. It was determined that all Organizational Participants, regardless of competition level, should be managed using the same SRC management principles.

35. Adolescents (13 to 18 years old) and children (5 to 12 years old) should be managed differently. SRC symptoms in children persist for up to four weeks. More research was recommended for how these groups should be managed differently, but the CISG recommended that children and adolescents should first follow a Return to School strategy before they take part in a Return to Sport strategy. A Return to School strategy is described below.

Table 2 – Return to School Strategy

Stage Aim Activity Stage Goal
1 Daily activities at home that do not give the child symptoms Typical activities of the child during the day as long as they do not increase symptoms (e.g., reading, texting, screen time). Start with 5–15 min at a time and gradually build up Gradual return to typical activities
2 School activities Homework, reading or other cognitive activities outside of the classroom Increase tolerance to cognitive work
3 Return to school part-time Gradual introduction of schoolwork. May need to start with a partial school day or with increased breaks during the day Increase academic activities
4 Return to school full time

Gradually progress school activities until a full day can be tolerated

 

Return to full academic activities and catch up on missed work

Residual Effects

36. Organizational Participants should be alert for potential long-term problems such as cognitive impairment and depression. The potential for developing chronic traumatic encephalopathy (CTE) should also be a consideration, although the CISG stated that “a cause-and-effect relationship has not yet been demonstrated between CTE and SRCs or exposure to contact sports. As such, the notion that repeated concussion or subconcussive impacts cause CTE remains unknown.”

Risk Reduction and Prevention

37. BO recognizes that knowing an Organizational Participant’s SRC history can aid in the development of concussion management and the Return to Sport strategy. The clinical history should also include information about all previous head, face, or cervical spine injuries. BO encourages Organizational Participants to make coaches and other stakeholders aware of their individual histories.

Non-Compliance

38. Failure to abide by any of the guidelines and/or protocols contained within this policy may result in disciplinary action in accordance with BO’s policies for discipline and complaints.

Liability

39. BO shall not be liable for any Organizational Participant or other individual’s use or interpretation of this Policy. Further, none of BO’s members, directors, officers, employees, agents, representatives and other individuals involved in any way in the administration of this Policy shall be liable to any other individual in any way, in relation to any lawful acts or omissions committed in the honest application, administration, and/or enforcement of this Policy.

[1] If an onsite healthcare professional is not available, an ambulance should be called.

 

Concussion Code of Conduct (Appendix A)

PART A

The following section of the Concussion Code of Conduct must be signed by all Organizational Participants under the age of 26 years old. For Organizational Participants who are younger than 18 years old, a parent/guardian must also sign this section.

I will help prevent concussions by:

  • Wearing the proper equipment for my sport and wearing it correctly.
  • Developing my skills and strength so that I can participate to the best of my ability.
  • Respecting the rules of my sport or activity.
  • Demonstrating my commitment to fair play and respect for all (respecting other athletes, coaches, team trainers and officials).

I will care for my health and safety by taking concussions seriously, and I understand that:

  • A concussion is a brain injury that can have both short-term and long-term effects.
  • A blow to my head, face or neck, or a blow to the body that causes the brain to move around inside the skull may cause a concussion.
  • I don’t need to lose consciousness to have had a concussion.
  • I have a commitment to concussion recognition and reporting, including self-reporting of possible concussion and reporting to a designated person when and individual suspects that another individual may have sustained a concussion. (Meaning: If I think I might have a concussion I should stop participating in further training, practice or competition immediately, and I will tell an adult if I think another athlete has a concussion).
  • Continuing to participate in further training, practice or competition with a possible concussion increases my risk of more severe, longer lasting symptoms, and increases my risk of other injuries.

I will not hide concussion symptoms. I will speak up for myself and others.

  • I will not hide my symptoms. I will tell a coach, official, team trainer, parent or another adult I trust if I experience any symptoms of concussion.
  • If someone else tells me about concussion symptoms, or I see signs they might have a concussion, I will tell a coach, official, team trainer, parent or another adult I trust so they can help.
  • I understand that if I have a suspected concussion, I will be removed from sport and that I will not be able to return to training, practice or competition until I undergo a medical assessment by a medical doctor or nurse practitioner and have been medically cleared to return to training, practice or competition.
  • I have a commitment to sharing any pertinent information regarding incidents of removal from sport with my school and any other sport BO with which I have registered. (Meaning: If I am diagnosed with a concussion, I understand that letting all of my other coaches and teachers know about my injury will help them support me while I recover).

I will take the time I need to recover, because it is important for my health.

  • I understand my commitment to supporting the return-to-sport process and I will follow my sport’s Return-to-Sport Protocol.
  • I understand I will have to be medically cleared by a medical doctor or nurse practitioner before returning to training, practice or competition.
  • I will respect my coaches, team trainers, parents, health-care professionals, and medical doctors and nurse practitioners, regarding my health and safety.

    By signing here, I acknowledge that I have fully reviewed and commit to this Concussion Code of Conduct.

     

    _________________________

    Name of Organizational Participant

    __________________________

    Signature of Organizational Participant

    _____________

    Date of Birth

    _________________________

    Name of Parent or Guardian (print)

    _____________________________

    Signature of Parent or Guardian

    _______________

    Date

     

    PART B

    The following section of the Concussion Code of Conduct must be signed by all coaches and team trainers who interact with Organizational Participants under the age of 26 years old.

    I can help prevent concussions through my:

    • Efforts to ensure that my athletes wear the proper equipment and wear it correctly.
    • Efforts to help my athletes develop their skills and strength so they can participate to the best of their abilities.
    • Respect for the rules of my sport or activity and my efforts to ensure that my athletes do too.
    • Commitment to fair play and respect for all (respecting other coaches, team trainers, officials and all Organizational Participants and ensuring my athletes respect others and play fair).

    I will care for the health and safety of all Organizational Participants by taking concussions seriously. I understand that:

    • A concussion is a brain injury that can have both short-term and long-term effects.
    • A blow to the head, face, or neck, or a blow to the body may cause the brain to move around inside the skull and result in a concussion.
    • A person doesn’t need to lose consciousness to have had a concussion.
    • An athlete with a suspected concussion should stop participating in training, practice or competition immediately.
    • I have a commitment to concussion recognition and reporting, including self-reporting of possible concussion and reporting to a designated person when an individual suspects that another individual may have sustained a concussion.
    • Continuing to participate in further training, practice or competition with a suspected concussion increases a person’s risk of more severe, longer lasting symptoms, and increases their risk of other injuries or even death.

    I will create an environment where Organizational Participants feel safe and comfortable speaking up. I will:

    • Encourage athletes not to hide their symptoms, but to tell me, an official, parent or another adult they trust if they experience any symptoms of concussion after an impact.
    • Lead by example. I will tell a fellow coach, official, team trainer and seek medical attention by a physician or nurse practitioner if I am experiencing any concussion symptoms.
    • Understand and respect that any athlete with a suspected concussion must be removed from sport and not permitted to return until they undergo a medical assessment by a physician or nurse practitioner and have been medically cleared to return to training, practice or competition.
    • For coaches only: Commit to providing opportunities before and after each training, practice and competition to enable athletes to discuss potential issues related to concussions.

    I will support all Organizational Participants to take the time they need to recover.

    • I understand my commitment to supporting the Return-to-Sport process.
    • I understand the athletes will have to be cleared by a physician or nurse practitioner before returning to sport.
    • I will respect my fellow coaches, team trainers, parents, physicians and nurse practitioners and any decisions made with regards to the health and safety of my athletes.

        By signing here, I acknowledge that I have fully reviewed and commit to this Concussion Code of Conduct.

        __________________________

        Name and role (print)

        ________________________

        Signature

        _______________

        Date

        Definitions

        Terms in Boxing Ontario’s policies are defined as follows:

        a) Affected Party – Any individual or entity, as determined by the Appeal Manager, who may be affected by a decision rendered under the Appeal Policy and who may have recourse to an appeal in their own right.

        b) Appeal Manager – An individual, who may be any staff member, committee member, volunteer, Director, or an independent third party, who is appointed to oversee the Appeal Policy. The Appeal Manager will have responsibilities that include using decision making authority empowered by the Appeal Policy.

        c) Appellant – The Party appealing a decision.

        d) Athlete – An individual who is an Athlete Participant in BO who is subject to the policies of BO and to the Code of Conduct and Ethics.

        e) Athlete Support Personnel – Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent, or any other person working with, treating or assisting an Athlete participating in or preparing for sports competition.

        f) Bullying – Offensive behaviour and/or abusive treatment of an Organizational Participant that typically, but not always, involves an abuse of power.

        g) Canadian Anti-Doping Program (CADP) – The CADP is a set of rules that govern doping control in Canada. The CADP can be viewed here. The 2021 CADP came into effect on January 1, 2021.

        h) Canadian Centre for Ethics in Sport (CCES) – The CCES is an independent, national, not-for-profit organization responsible for administering Canada’s Anti-Doping Program and the World Anti-Doping Code in Canada.

        i) Commercial Activity – Any particular transaction, act or conduct that is of a commercial character.

        j) Complainant – An Organizational Participant who makes a report of an incident, or a suspected incident, of alleged Maltreatment, Prohibited Behaviour or other misconduct that may be a violation of the standards described in BO’s policies, by-laws, rules or regulations, or the UCCMS.

        k) Criminal Record Check (CRC) – A search of the RCMP Canadian Police Information Centre (CPIC) system for adult convictions

        l) Days – calendar days[1]

        m) Director of Sanctions and Outcomes – Responsible for overseeing the imposition of Provisional Measures, agreed outcomes, Sanctions and appearing before the Safeguarding Tribunal or the Appeal Tribunal in cases arising from a potential breach of the UCCMS (or other conduct rules, as applicable)

        n) Diversity – the presence and integration of a variety of individuals with different personal characteristics, particularly Under-Represented Groups, in a group or organization

        o) Enhanced Police Information Check (E-PIC) – a Criminal Record Check plus a search of Local Police Information.

        p) Equity – fairness afforded to individuals with diverse personal characteristics regardless of those characteristics.

        q) Event – an event sanctioned by BO or a Member, and which may include a social Event.

        r) External Discipline Panel – A Panel of one or three people who are appointed by the Independent Third Party to decide on complaints that are assessed under Process #2 of this Policy.

        s) Harass or Harassment – A course of vexatious comments or conduct against an Organizational Participant or group, which is known or ought reasonably to be known to be unwelcome.

        t) Inclusion – Acceptance of individuals with diverse personal characteristics into a group or organization regardless of those characteristics

        u) Independent Third Party – the individual retained by BO to receive reports and complaints, and to fulfill the responsibilities outlined in the Discipline and Complaints Policy and Appeal Policy, as applicable. This individual must not be in a real or perceived conflict of interest or have a direct relationship with any of the Parties.

        v) Internal Discipline Chair – An individual appointed by BO to decide on complaints that are assessed under Process #1 of this Policy. The Internal Discipline Chair may be a Director, head coach, staff member, or other individual affiliated with BO but must not be in a conflict of interest or have a direct relationship with any of the Parties.

        w) IP Address – A numerical label that is assigned to electronic devices participating in a computer network that uses internet protocol for communication between devices.

        x) Local Police Information (LPI) – Additional conviction and selected non-conviction information in national and local police data sources which may be relevant to the position sought.

        y) Maltreatment – as defined in the UCCMS.

        z) Minor – as defined in the UCCMS.

        aa) Organizational Participant(s)]– Refers to all categories of individual members and/or registrants defined in the By-laws of BO who are subject to the policies, rules and regulations of BO, as well as all persons employed by, contracted by, or engaged in activities with, BO including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, judges, Athlete Support Personnel, managers, administrators, committee members, parents or guardians, spectators, committee members, or directors and officers.

        bb) OSIC – Office of the Sport Integrity Commissioner, an independent division of the Sport Dispute Resolution Centre of Canada (“SDRCC”) which comprises the functions of the Sport Integrity Commissioner

        cc) Parties – the individuals involved in a dispute.

        dd) Person in Authority – Any Organizational Participant who holds a position of authority within the Organization including, but not limited to, coaches, instructors, officials, managers, athlete support personnel, chaperones, committee members, or directors and officers.

        ee) Personal Information – any information about an individual that relates to the person’s personal characteristics including, but not limited to: gender, age, income, home address or phone number, ethnic background, family status, health history, and health conditions

        ff) Power Imbalance – as defined in the UCCMS.

        gg) Provisional Suspension – means that the Organizational Participant is barred temporarily from participating in in any capacity in any Event or activity of BO and its Members, or as otherwise decided pursuant to the Discipline and Complaint Policy, prior to the decision rendered in a hearing conducted pursuant to this Policy.

        hh) Representatives – Members, directors, officers, committee members, employees, athletes, coaches, officials, sport assistants, managers, trainers, volunteers, administrators, contractors and participants within BO.

        ii) Respondent – The Party responding to the complaint or appeal.

        jj) Social Media – The catch-all term that is applied broadly to new computer-mediated communication media such as blogs, YouTube, Facebook, Instagram, Tumblr, TikTok, Snapchat, and Twitter.

        kk) Suspected Concussion – means the recognition that an individual appears to have either experienced an injury or impact that may result in a concussion or who is exhibiting unusual behaviour that may be the result of concussion.

        ll) Sport-Related Concussion (“SRC”) – A sport-related concussion is a traumatic brain injury induced by biomechanical forces. Several common features that may be used to define the nature of a SRC may include:

        a. Caused either by a direct blow to the head, face, neck or elsewhere on the body with an impulsive force transmitted to the head.

        b. Typically results in the rapid onset of short-lived impairment of neurological function that resolves spontaneously. However, in some cases, signs and symptoms evolve over several minutes to hours.

        c. May result in neuropathological changes, but the acute clinical signs and symptoms largely reflect a functional disturbance rather than a structural injury and, as such, no abnormality may be visibly apparent.

        d. Results in a range of clinical signs and symptoms that may or may not involve loss of consciousness. Resolution of the clinical and cognitive features typically follows a sequential course. However, in some cases symptoms may be prolonged.

        mm) UCCMS Universal Code of Conduct to prevent and address Maltreatment in Sport, as amended from time to time by the SDRCC.

        nn) UCCMS Participant – Individual affiliated with a Program Signatory as designated by the Program Signatory and who has signed the required consent form. UCCMS Participants may include an athlete, a coach, an official, an athlete support personnel, an employee, a contractual worker, an administrator, or a volunteer acting on behalf of, or representing the Program Signatory in any capacity.

        oo) Under-Represented Groups – Under-Represented Groups include women, individuals who identify as Black, Indigenous, or people of colour (BIPOC), children in low-income families, seniors, people with disabilities, newcomers to Canada, and members of the LGBTQ community

        pp) Vulnerable Participant or Vulnerable Organizational Participant – as defined in the UCCMS.

        qq) Vulnerable Sector Check (VSC) – A detailed check that includes a search of the RCMP Canadian Police Information Centre (CPIC) system, Local Police Information, and the Pardoned Sex Offender database.

        rr) Worker – Any person who performs work for BO including employees, managers, supervisors, temporary workers, volunteers, student volunteers, part-time workers, the Board of Directors, and independent contractor

        ss) Workplace – Any place where business or work-related activities are conducted. Workplaces include but are not limited to, the registered office(s), work-related social functions, work assignments outside the registered office(s), work-related travel, the training and competition environment, and work-related conferences or training sessions.

        tt) Workplace Harassment – A course of vexatious comment or conduct against an Organizational Participant in a Workplace that is known or ought reasonably to be known to be unwelcome. Workplace Harassment should not be confused with legitimate, reasonable management actions that are part of the normal work/training function, including measures to correct performance deficiencies, such as placing someone on a performance improvement plan, or imposing discipline for workplace infractions.

        uu) Workplace Violence – The use of or threat of physical force by a person against a worker in a Workplace that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker in a Workplace that could cause physical injury to the worker; or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker in a Workplace that could cause physical injury to the worker.

        vv) World Anti-Doping Agency (WADA) – An independent, international, not-for-profit organization responsible for administering the World Anti-Doping Code and the promotion of clean sport internationally.

        ww) World Anti-Doping Code (WADC) – Set of rules that govern doping control internationally. The full policy can be viewed here.

        ————————-

        [1] For the purpose of calculating deadlines, the following shall apply: the day of the act is not included in the calculation (i.e., the date of receipt of a decision is not Day 1); instead, the deadline would start on the day following receipt of the decision and would expire at midnight (in the location of the individual seeking to file an appeal) on the last day of the period. If the end date is a Saturday, a Sunday or a legal holiday, the period runs until the next day that is not a Saturday, a Sunday or a legal holiday. For example, if an Individual receives a decision on Thursday December 17, 2020, the 14-day deadline to appeal this decision starts on Friday December 18, 2020 and would expire on Friday January 1, 2021. However, since January 1, 2021, is a legal holiday, January 2, 2021 is a Saturday, and January 3, 2021 is a Sunday, the deadline to appeal would expire at midnight (in the location of the individual seeking to file an appeal) on January 4, 2021.