Policy              

It is the policy of Football Canada that there shall be no harassment, abuse or neglect, whether physical, emotional or sexual of any participant in any of its programs.  Football Canada expects every parent, volunteer, and staff member to take all reasonable steps to safeguard the welfare of its participants and protect them from any form of maltreatment.

Scope of Jurisdiction

Football Canada’s policy on Harassment and Abuse sets out the principles and practices regarding harassment and abusive behaviour towards participants.  Each Provincial and affiliate Association is responsible for adopting a similar policy and adapting it to provincial, regional or local requirements as appropriate.

Reference

In applying its policy regarding Harassment and Abuse, Football Canada and its member association shall use “Speak Out… Act Now! A Guide to Preventing and Responding to Abuse and Harassment for Sport Clubs and Associations” - January 29, 1998 as its main reference in administering the program.

Purpose, Scope and Application of the Policy

Football Canada is committed to providing a sport and work environment that promotes equal opportunities and prohibits discriminatory practices.

Harassment is a form of discrimination that is prohibited by human rights legislation in Canada.  In its most extreme forms, harassment can be an offense under Canada’s Criminal Code.

This policy applies to all employees as well as to all directors, officers, volunteers, coaches, athletes, officials and members of Football Canada.  It applies to harassment that may occur during the course of all Football Canada business, activities and events.

This policy shall not prevent a person in authority from taking immediate, informal, corrective disciplinary action in response to behaviour that, in their view, constitutes minor incidence of harassment.

Standard of Behaviour

Harassment is defined as conduct that is insulting, intimidating, humiliating, offensive, or physically harmful.  Types of behaviours that constitute harassment include, but are not limited to:

• Unwelcome jokes, innuendo or teasing about a person’s looks, body, attire, age, race, religion, sex or sexual orientation
• Condescending, patronizing, threatening or punishing actions that undermine self-esteem or diminish performance
• Practical jokes that cause awkwardness or embarrassment, endanger a person’s safety or negatively affect performance
• Unwanted or unnecessary physical contact including touching, patting, or pinching
• Any form of hazing
• Any form of physical assault
• Behaviours such as those described above that are not directed towards individuals or groups but have the effect of creating a negative or hostile environment
• In the case of minors, abuse and neglect as defined in Provincial/Territorial child protection legislation

Abuse and Neglect of Minors

When any member has a reasonable belief that a minor is being abused or neglected, he/she shall report this belief to authorities, pursuant to the provisions of the Act and shall advise the Executive.

Football Canada shall take on further action until such time as child protection authorities and/or police have concluded their investigation.

The matter shall then be dealt with as a disciplinary matter pursuant to this policy, and the report of the investigation carried out by authorities may be used as evidence in these proceedings.

Receiving a Complaint

A person who experiences harassment, any person who witnesses harassment, or any person who believes that harassment has occurred is encouraged to make it known that the behaviour is unwelcome, offensive and contrary to this policy.

If confronting the harasser is not possible, or if after confronting the harasser the behaviour continues, the person who has experienced the harassment, who has witnessed the harassment or who believes that harassment has occurred should report the matter to an official of Football Canada.  For purposes of this policy, an official is any person in a responsible staff or volunteer position with the organization.

Once an incident is reported, the role of the official is to serve in a neutral, unbiased capacity in receiving the report of the incident, advising the parents or guardians of the incident (if the person who has experienced the harassment is a minor), and assisting in an informal resolution of the complaint, where this is appropriate.

If the official considers that he or she is unable to act in this capacity, the complaint shall be referred to another official who is able and willing to assist.

Fact-Finding

If informal resolution of the complaint is not appropriate or possible, and if the person who has experienced or witnessed the harassment, or believes that the harassment has occurred decides to pursue a formal complaint, the official shall receive this complaint and shall provide a copy to the Executive.

Once the complaint has been reported to the Executive, the official shall then gather facts surrounding the incident by speaking directly with the complainant and the person against whom the complaint (the respondent) is made, and any witnesses who in the opinion of the official, might have relevant facts or observations about the incident.

In addition, to provide information to the official, the respondent shall have the opportunity to provide a written statement to the official, if he or she wishes.

The official shall summarize the results of the fact gathering in a written report.

Upon completion of the fact gathering stage, the official shall provide copies of the complaint and his/her factual report to the Executive of Football Canada.

Procedures for Reviewing Complaints

Within seven (7) days of receiving these documents, the Executive shall decide if the complaint should be dealt with informally, in which case it shall direct the appropriate response and the matter shall be concluded.

If the Executive determines that the complaint should be dealt with by means of a hearing, it shall appoint three (3) individuals to serve on a Panel, and shall appoint one of these individuals to serve as the Chairperson of the Panel.

The Executive shall then, at its sole discretion, and having regard to the nature of the complaint and the potential seriousness of the outcome, determine which of the following procedures shall be used by the Panel to review the complaint:

• The Panel shall review the statement of the complainant, the documentation provided by the official and the statement of the respondent and shall render a decision.
• The Executive shall appoint an outside investigator who shall conduct a formal investigation of the incident and shall provide a written report to the Panel.  The Panel shall consider the report, as well as the statements of the complainant and the respondent, and the report of the official, and shall then render a decision.
• The Executive shall appoint an outside investigator who shall conduct a formal investigation of the incident and shall provide a written report to the Panel. The Panel shall review this report at a hearing with the complainant and the respondent present, may ask questions of the complainant and respondent, and may allow the complainant and the respondent to ask questions of each other. Following the hearing, the panel shall render its decision.
• The Panel shall convene a hearing involving the complainant, respondent and witnesses. The parties shall have an opportunity to present evidence and to cross-examine each other and witnesses.  At the conclusion of the hearing, the panel shall render its decision.

In holding a hearing, the Panel shall govern the hearing by such procedures as it may decide.

If at any point in these proceedings, the complainant becomes reluctant to continue, it shall be at the sole discretion of the Executive to continue the review of the complaint in accordance with this policy.

After reviewing and deciding any harassment matter, the Panel shall present its findings in a report to the Executive with a copy provided to both the complainant and the respondent. This report shall contain:

• A summary of the relevant facts;
• A determination as to whether the acts complained of constitute harassment or abuse as defined in this policy;
• Disciplinary action to be taken, if the acts constitute harassment or abuse; and
• Measures to remedy or mitigate the harm or loss suffered by the complainant, if the acts constitute harassment or abuse.

Imposing Disciplinary Sanctions: Aggravating and Mitigating Circumstances

In order to provide some guidance to those responsible for determining disciplinary sanctions and to provide some consistency to the application of sanctions, the following possible aggravating and mitigating circumstances, and other factors are to be considered when determining the appropriate sanction:

• The nature and severity of the harassment or abuse;
• Whether the harassment or abuse involved any physical contact;
• Whether the harassment or abuse was an isolated incident or part of an ongoing pattern of behaviour;
• The nature of the relationship between the complainant and harasser
• The age of the complainant;
• Whether the perpetrator has been involved in the previous harassment or abuse incidents;
• Whether the perpetrator admitted responsibility and expressed a willingness to change;
• Whether the perpetrator retaliated against the complainant.

Range of Sanctions

In recommending disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the harassment or abuse:

• Verbal apology;
• Written apology;
• Letter of reprimand from Football Canada
• A fine or a levy;
• Referral to counseling;
• Removal of certain privileges of membership or employment;
• Demotion or a pay cut;
• Temporary suspension with or without pay;
• Termination of employment or contract;
• Expulsion from membership;
• Publication of the details of the sanction;
• Any other sanction that the Panel considers appropriate.

Failure to Comply with Sanctions

Failure to comply with a sanction as determined by the Panel shall result in an automatic suspension from membership in Football Canada.

The Executive of Football Canada may determine that the alleged offense is of such seriousness as to warrant suspension of membership from Football Canada pending a review of the complaint.

Appeal Mechanism

Both the complainant and the respondent shall have the right to appeal the decision of the Panel.  A “Notice of Intention to Appeal”, along with the grounds for the appeal, must be provided to the Executive within 14 days of the complainant or respondent receiving the Panel’s report.

Permissible grounds for an appeal are:

• The Panel did not follow the procedures laid out in this policy;
• Members of the Panel were influenced by bias; or
• The Panel reached a decision that could not be supported by the evidence, or that was grossly unfair or unreasonable.

The appeal shall be heard by the Executive, who shall base its decision on a review of the documentation surrounding the complaint, including the complainant’s and respondent’s statements, the report of the official, the report of the investigator and/or the report of the Panel and the notice of appeal.

In deciding the Appeal, the Executive shall have the authority to uphold the decision of the Panel, to reverse the decision of the Panel, and/or to modify any of the Panel’s recommendations for disciplinary action or remedial measures.

The decision of the Appeal Body shall be final and binding, and not open to any further intervention by any court with the exception of a review in accordance of the rules of arbitration set out in “Alternate Disputes Resolution Program for Amateur Sport”.

Timelines

In extraordinary circumstances, and at its sole discretion, the Panel may abridge or extend the timelines in this policy.

Confidentiality

Football Canada recognizes the sensitivity and serious nature of harassment and abuse, and will strive to keep all matters relating to a complaint confidential.  However, if required by law to disclose information, Football Canada will do so.  It is also the policy of Football Canada to allow publication of the decision of the Panel, where the acts complained of constitute harassment.

CODE OF ETHICS AND CODE OF CONDUCT

Preamble

The reputation and integrity of Football Canada is maintained when all members act, and are seen to act, in a way which is of the highest standard of professional ethics.

This Code applies to all Football Canada members and employees: it is intended to help, not hinder the organization’s activities by clarifying our standards of conduct. We believe these standards reflect those of the Canadian public and members of the “Association” expect of amateur sport and of a National Sport Federation.

Football Canada wishes to maintain a strong reputation for its integrity and, as an organization and business associate, be valued at all levels. Ultimately, our value is reflected in the pride we have in what we do, in the successful achievement of our mission and the willingness of others to work with us in that regard. Our reputation as an ethical NSF is an essential part of what will make us successful.

It is expected that all Ordinary Members (both organizationally and personally) will implement and support the Football Canada Codes of Ethics and Conduct, Policies and Procedures, and as necessary adapted these Codes, Policies and Procedures to reflect the uniqueness of their respective organizations. All members are expected to conduct themselves in a manner that instills trust and confidence in the “Association”.

Football Canada asks each Ordinary Member to file copies of their Codes of Ethics and Conduct, Policies and Procedures with the National Office in order to ensure complete understanding of the manner in which the “Associations” conduct their business.

Football Canada is a large organization with various organizational structures and distinct areas of responsibilities.  To this end, a series of Codes of Ethics and Codes of Conduct, Policies and Procedures have been developed to guide the membership both organizationally and individually in the performance of their duties and activities. The Codes of Ethics and Conduct are listed as the conclusion of this document.

Expectations for Fairness in Sports

Football Canada endorses the 2001 Federal-Provincial / Territorial Sports Ministers’ vision regarding “Expectations for Fairness in Sports”. In doing so, Football Canada is committed to the vision that is based on the following principles:

1. There be a firm and public commitment to the principle that lasting and meaningful athletic performance can only be achieved through fair means.
2. Participants in sport and physical activity will do so in a manner that adheres to the highest ethical principles.
3. Those who participate in sport will receive from their fellow athletes, coaches and officials, and parents/guardians and spectators, fairness and ethical treatment in a safe and welcoming sport environment, free of harassment and abuse.
4. Their sport system will help to advance the widest array of athletic goals of all participants, with or without disability, without discrimination and in spite of barriers based on personal circumstances.
5. Spectators to sport events can witness the activities without being subjected to abuse, interference or violence from others.
6. Coaches will be appropriately valued by their athletes, and their athletes’ parents/guardians and supporters, that they will receive fair treatment and respect for their valuable contribution to sport, and that they will be free of harassment and threats of violence under any circumstance.
7. Sport officials will not be interfered with in the execution of their duties and will be respected for their decisions by athletes, coaches, parents/guardians and spectators.
8. Sport volunteers will be respected and recognized for their efforts to make sport participation possible and rewarding for athletes of all ages.
9. Parents/guardians are assured that their cchildren participating in sport will receive fair treatment from coaches, volunteers and spectators.
10. The sport system will provide just treatment in cases of disputes in sport and that there are proper and accessible mechanisms that are available in a timely manner to resolve disputed issues through due process.
11. Athletes, coaches and team officials representing Canada in the international sport arena will conduct themselves, in both victory and defeat, in a manner that brings pride to all.
12. Sport organizations in receipt of public funding, will be fully accountable for the use of such   resources and will be transparent and democratic in their organizational life.

Code of Ethics

Football Canada’s Code of Ethics and Codes of Conduct are grounded in the following principles:

RESPECT FOR OTHERS

The principle of respect challenges members to act in a manner respectful of the dignity of all participants in sport regardless of their connection to the sport. Fundamental to this principle is the basic assumption that each person has value and is worthy of respect.

RESPONSIBLE ACTION

The principle of responsible action carries the basic ethical expectation that the activities of members will benefit society in general and participants in particular and will do no harm. Fundamental to the implementation of this principle is the notion that each member is responsible and the consequences of their actions or inactions.

INTEGRITY 

Integrity means that members are expected to be honest, sincere, and honourable in their relationships with others. Acting on these values is most possible when members possess a high degree of self-awareness and the ability to reflect critically on how their perspectives influence their interactions with others.

HONOURING SPORT

The principle of honouring sport in general and football in particular challenges members to recognize, act on, and promote the value of football for individuals and teams and for society in general.

Code of Ethics

Football Canada Code of Professional Conduct

Football Canada’s Code of Professional Conduct is more than simply a set of behaviours for people within the organization; it reflects the ideals and values of the organization, as well as its commitment to uphold those values as part of what makes the organization what it is. It is therefore part of Football Canada’s Code of Conduct, that can be applied to any particular situation, by asking the questions: “what is the right thing to do, and how do we avoid doing the wrong thing?”

As part of our “Association’s” philosophy, Football Canada believes its work is first and foremost in the interest of the participant and the athlete.  Our ethical rationale for promoting ethical conduct in sport is founded on the belief that sport is for the benefit of all Canadians, and that the pursuit of sporting excellence is a function of our collective pursuit of the human potential. As the National Sport Federation (NSF) Football Canada is a promoter of sport values and ethics (through football), and as such should lead by example as an “Association” committed to the highest order of professionalism and public scrutiny. The membership whether paid staff or volunteers and regardless of their duties and responsibilities is called upon to conduct themselves with integrity, be fair and honest in our dealings with others, and treat others with respect and dignity.  The following is Football Canada Code of Professional Conduct:

• Football Canada members and employees are responsible for their actions and accountable for the consequences of their actions or inactions.
• At all times, Football Canada members and employees will act in a manner that encourages and maintains confidence among athletes, sport organizations and the public, in the integrity of the organization and its people.
• The Football Canada will conduct its relations with, and discharge its duties to, other organizations, clients, the public and media with ethics and fairness. All business dealings must be conducted in a fair and honest manner, both within the spirit and the letter of agreements, policies and legal requirements. All persons should be treated with respect, tact and courtesy in all dealings with the “Association”.
• All communications with clients, whether oral or written, must be conducted in a professional manner, and should be delivered in a timely, accurate and clear manner.
• Football Canada members and employees must not be in a conflict of interest or permit any influence that could conflict with the best interest of the “Association” or prejudice the “Association’s” reputation. Disclosure in writing is required for any Football Canada member or employee associated with, employed by, performing services for or with a financial interest in any other corporation, body or enterprise doing business with or seeking to do business with the Football Canada.
• Confidentiality of personal and sensitive information must be respected. Football Canada will develop, implement, maintain and enforce reasonable policies and procedures to ensure confidentiality and safeguard confidential information.
• All methods of seeking and obtaining financial support for Football Canada activities must be carried out in a manner consistent with maintaining membership and public confidence in, and respect for, the “Association”, its authority on matters of ethics in sport and its independence from vested interests.
• Football Canada must use its resources (including human and material resources, funds, equipment and information) responsibly and in the best interests of all its members, the public and the “Association”.
• Any complaint received concerning Football Canada must be handled professionally, promptly and courteously, with a written reply if requested, and a written record maintained.
• Football Canada must conduct its affairs in an open manner that welcomes public scrutiny as a necessary and beneficial aspect of an effective ethics in sport organization and credible ethics in sport programs and policies. Football Canada supports public disclosure of information and will not withhold any information about itself and/or its activities unless there is justifiable reason to do so, such reason(s) being itself open to public scrutiny.

Athlete-Centred Conduct

With respect to its relations with athletes, Football Canada will:

• Show respect and regard for the interests and goals of athletes;
• Act on the belief that the athlete as a person is more important than the sport;
• Demonstrate a responsiveness to individual needs and situations;
• Engage in practices that maintain and enhance the ethic of care for self and others;
• Carry out its activities in a manner, which demonstrates concern for the health, well-being, protection and enhancement of all athletes.
• Encourage and respect individual responsibility in developing ethical ideals through moral reflection, moral dialogue and moral practices in sport.

Football Canada should consistently demonstrate an ethic of care, where we are watchful for and sensitive to the needs of athletes as people and not just as performers of sport.  Our conduct should therefore ensure that athletes have the best possible experience when dealing with the “Association”, as measured by their satisfaction and expressed confidence in the integrity of Football Canada and its member associations.