East Gwillimbury Soccer Club
Club Policies
Adopted by the Board of Directors
And Its’ Members
January 21, 2008
Table of Content
The Preamble of the Ontario Human Rights Code states, in part:
"It is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province…"
It is the Policy of the East Gwillimbury Soccer Club that all Members have a right to participate in the program in an environment that assets the personal worth and dignity of each individual.
Discrimination against or harassment of any member of the Club, or group of members on the basis of race, ancestry, place of origin, colour, ethnic origin, language or dialect spoken, citizenship, creed, sex age, marital status, family status, criminal charges or criminal record, mental or physical disability, sexual orientation, political affiliation or union membership defeats this objective and will not be tolerated by the club.
The East Gwillimbury Soccer Club accepts its responsibility to take whatever action is necessary to prevent behaviour, within all Club facilities and in activities sponsored by and/or attended by Club members, which results in discrimination and/or harassment of any member of the Club community. All members of the Club are responsible for maintaining and promoting an environment that is free of discrimination and harassment and for promptly reporting any incidents that they believe to be acts of discrimination or harassment.
The Club shall adhere to the Harassment Policy as published and approved by the Ontario Soccer Association (OSA).
The Club, through a Committee for Equity and Human Rights, is responsible for communicating to all members, Club policy and the Ontario Human Rights Code prohibit harassment and discrimination. The Committee for Equity and Human Rights is responsible for implementing, monitoring and enforcing this policy and the accompanying Club Procedures for Discrimination/Harassment.
Where, as a result of a Club investigation, systemic bias is determined within any Club policy, procedure and/or practice, the actions may include amendments, revisions or elimination of existing Club policies, procedures or practices.
Documented and substantiated complaints may result in discipline of a member, up to and including dismissal as an official, or in the case of a player, withdrawal from the Clubs program.
Discrimination, as defined in this Policy, means:
`any action, behaviour or attitude which negatively affects or could negatively affect the status of any member that has been based race, ancestry, place of origin, colour, ethnic origin, language or dialect spoken, citizenship, creed, sex age, marital status, family status, criminal charges or criminal record, mental or physical disability, sexual orientation, political affiliation or union membership of the individual,'
Bias against a person or persons because of their inclusion in any of the above categories, which results in the imposition of a restriction against or the exhibition of negative behaviour toward that person, or persons constitutes an act of discrimination as defined in this Policy. This includes, but is not limited to, racial/ethnic or sexual slurs, jokes, graffiti, innuendoesor taunting, as well as threats, abuse, intimidation, coercion, isolation or assault.
Harassment, as defined in the Policy, is as any comment, conduct, or gesture directed toward an individual or group of individuals which is insulting, intimidating, humiliating,
malicious, degrading or offensive. It includes, but is not limited to, sexual harassment.
Sexual harassment may include:
· Unwanted, persistent or abusive sexual attention;
· A sexual advance or solicitation made by a person in a position to grant to deny a benefit which may affect the status of any Club member where the individual knows or ought reasonably to know that this attention is unwanted;
· Sexually oriented behaviour or remarks, which create a negative psychological environment for participation in any Club program or activity. Such behaviour or remarks may include, but are not restricted to:
Ø Demeaning remarks based on gender
Ø Suggestive jokes about sex
Ø Inappropriate comments about clothing, physical characteristics or activities
Ø Inappropriate displays of sexual pictures or materials
Ø Leering, ogling, and suggestive or insulting sounds
Ø Unwanted questions or comments about one's private life
Ø Unwanted physical contact, such as brushing up against one's body, patting or pinching
Ø Sexual assault (an offence under the Criminal Code)
· A reprisal or threat of reprisal for the rejection of a sexual solicitation or advance
5.1 This Policy applies to all members of the East Gwillimbury Soccer Club.
Members are defined as: players, parents and or guardians of players, coaching staff, team trainers, team managers, referees or other match officials, convenors, paid Club Administrator, paid Club Accountant/bookkeeper, Club Executive and/or Board members (with voting or non-voting status). Any of the above listed members may be associated with the Club as paid or volunteer staff.
5.2 Any member who perceives discrimination or harassment should report such behaviour to a Club Director and/or the Club Administrator (who will then immediately notify the Board).
5.3 In addition, any member who believes there is a violation of this Policy, in whole or in part, is requested to contact the Committee for Equity and Human Rights.
5.4 Reported situations will be investigated utilizing the Club Procedures on Discrimination/Harassment.
5.5 All East Gwillimbury Soccer Club Executive members are responsible for creating and maintaining a program that is free from discrimination and harassment. It is also the responsibility for Club executive members to ensure that all Club practices are consistent with this Policy and the provisions of the Ontario Human Rights Code.
5.6 A member who has the authority to prevent or discourage discrimination and/or harassment and fails to do so will be considered responsible for failing to exercise this or authority, and be in violation of this Policy.
2.1.1.1 Where a person believes that a violation of the Club Policy on
Discrimination/Harassment has occurred, he/she may seek the confidential advice form the Committee of Equity and Human Rights and/or file a complaint, with the Club. Complaints should be directed to the Committee of Equity and Human Rights, who act as agents for the Club throughout the complaint process.
2.1.1.2 Where two or more complaints are filed bringing in question a practice
of violation engaged in by the same person, or having facts in common,
the complaints may be dealt with in the same proceeding.
2.1.1.3 A person who is the subject of a complaint made under this procedure
who has reason to believe that the complaint is vexatious, in bad faith, or
itself a form of harassment, will have the right to file a complaint.
2.1.1.4 A complaint must be filed within six months of circumstances giving rise to the complain, unless delay was incurred in good faith and no substantiated prejudice will result to any person affected by delay.
The Club may initiate a complaint by itself or at the request of any person.
Where evidence suggests that a violation of the Club Policy Discrimination/Harassment poses a threat to the Club community or any member thereof, the Club may suspend the alleged violator(s). Where an alleged violator is a paid employee, the Club suspension shall be with pay, benefits, and with loss of employment status until such time as an investigation can be completed. Where an alleged violator a is a volunteer Club member, or a player, the suspension shall be denial of access to Club programs and/or activities.
2.2.1.1 The Committee for Equity and Human Rights, will investigate a situation
or complaint and endeavour to effect a resolution
2.2.1.2 Where the complaint is specific to a Club policy, practice or procedure,
the Committee for Equity and Human Rights will have the responsibility
to investigate and, where possible, determine an immediate resolution to
situations in which Club practice and/or procedure violates this Policy.
2.2.1.3 The Committee for Equity and Human Rights shall inform the person(s) complained against that a complaint has been received and shall forward any written documentation outlining the complain to the respondents(s).
2.2.1.4 The Committee for Equity and Human Rights may request:
· the production for inspection and examination, of documents or things that are or may be relevant to the investigation;
· copies of above said documents; and
· interviews with person(s) on matters that are or may be relevant to the complaint.
2.2.1.5 if an individual refuses to cooperate with an investigation by the Club, the Committee for Equity and Human Rights may initiate the appointment of a board of inquiry to investigate the situation and seek a resolution thereof.
2.2.2.1 a complaint may, at his or her discretion, decide to withdraw a complaint at any point in the procedure.
2.2.2.2 The Committee of Equity and Human Rights shall advise a complainant where:
· The complaint appears not to be within the jurisdiction of the Club and should more appropriately be dealt with through other procedures such as law enforcement agencies;
· The subject matter of the complaint appears to be trivial, frivolous, vexatious or made in bad faith.
2.2.2.3 nonetheless, the decision, whether or not to pursue the procedure remains the prerogative of the complainant.
2.2.2.4 however, where a matter or situation has been raised through an individual complaint, which is subsequently withdrawn, the Committee for Equity and Human Rights may continue the investigation on behalf of the club, in accordance with Section of the Policy.
2.2.2.5 Where the Committee for Equity and Human Rights advises a complainant to withdraw a complaint, he/she shall advise the complainant in writing of the reasons and alternative procedures within or outside the Club system which the complainant may choose to pursue.
2.2.3.1 in alleged situations of discrimination or harassment, the Committee for Equity and Human Rights shall, meet with the parties involved and attempt to effect a settlement of the complaint through mediation.
2.2.3.2 In the course of mediation, the Committee may:
· Counsel the party/parties to do anything that, in the opinion of the Club, the party/parties ought to do to achieve compliance with the Policy, both in respect of the complaint and in respect of future practices;
· Consult with external agencies such as the office of the Human Rights Commission for advice and assistance; and
· Take other such action deemed appropriate by the Committee for Equity and Human Rights.
2.2.3.3 where the parties to the complaint agree to a resolution through mediation, it shall be affected by the Club and the complaint considered resolved.
2.2.3.4 if the complaint is not resolved through mediation, a the request of the complainant or at the discretion of the Committee for Equity and Human Rights, a Board of Inquiry will be struck.
If no satisfactory resolution to a complaint can be reached through mediation, the Club may appoint a Board of Inquiry. Boards of Inquiry shall be appointed at the request of the complainant(s), person(s) complained against, or at the discretion of the Committee for Equity and Human Rights.
A Board of Inquiry will consist of three individuals: one selected by the complainants(s); one selected by the person(s) complained against; and one selected by the Club as the Chair. In the event that either the complainant(s) or respondent(s) do not select person to the Board, the Committee for Equity and Human Rights will appoint persons as necessary to complete a Board of three.
Participants involved in a Board of Inquiry are:
· The complainant(s);
· Any person who the complainant of the Club alleges has violated the Policy on Discrimination/Harassment;
· Any individual who may have knowledge relevant to the investigation; and
· Any individual who, in the opinion of the complainant or the Club, knew or was in possession of facts from which they ought to have known of the alleged violation of the Policy on Discrimination/Harassment and who had authority to prevent the conduct.
2.4.4.1 The Board of Inquiry shall meet to:
· Determine whether a violation f the Club Policy on Discrimination/Harassment has occurred;
· Determine who, if anyone, has violated the Policy; and
· Recommend an appropriate course of action for the Club to take.
2.4.4.2 Members of the Board of Inquiry shall be named within five working days of the decision to create a Board of Inquiry. A meeting of the Board will take place within ten (10) working days and, where possible, the Board will submit its findings and recommendations to the Committee for Equity and Human Rights within thirty (30) working days after the date upon which the members of the Board were named. The Committee for Equity and Human Rights shall immediately communicate the Board's findings and recommendations to all parties involved.
2.4.4.3 The members of the Board of Inquiry will have, for purposes of their inquiry, all documents, statements, or other information of materials, which the parties to the complaint and the Committee for Equity and Human Rights wish to present. In addition, the Board may request any further documents or materials that its members need in the course of their inquiry.
2.4.4.4 The Board of Inquiry shall decide on the process to be used in conducting its' investigation.
Where it is found that a violation of the Policy has occurred, the Club may take disciplinary action including, but not restricted to, the following:
A written notification that continuation or repetition of conduct found to be in violation of the Club Policy on Discrimination/Harassment will be cause for further disciplinary action up to and including dismissal;
A directive sent from the Club, which specifies certain behaviour with which the party(s) must comply. If the directive is disregarded, further action will be taken.
A written notification of exclusion form attending Club programs or activities for a specific period of time.
The member(s)' status is terminated.
Every individual has the right to file a complaint of discrimination or harassment,
participate in an investigation by the Club, or private information relevant to the
complaint to a Board of Inquiry. Reprisals for such activities will be subject to
investigation by the Committee for Equity and Human Rights and may lead to
disciplinary action.
The procedure is to ensure that the Club, its’ members comply
with the Club Policy on Discrimination/Harassment. However, it does not
preclude any individual from seeking other options available to him/her, such as
the Ontario Human Rights Commission, and/or the Ontario/Federal Courts.
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