Midland Minor Hockey Association Harassment and Abuse Policy   Sept 8^th/2008

Harassment and Abuse Policy

Note: For convenience, this policy uses the term "Complainant" to refer to the person

who experiences harassment, even though not all persons who experience harassment

will make a formal complaint.

The term "Respondent" refers to the person against whom a complaint is made.

1.1 Policy Statement

a) The Midland Minor Hockey Association (MMHA) is committed to providing a harassment
and abuse free environment which promotes equal opportunities and prohibits discriminatory

practices.

b) Harassment is a form of discrimination. Harassment is prohibited by human rights

legislation in each province of Canada. In its most extreme forms, harassment can be an

offence under Canada's Criminal Code.

1.1.2 Application & Scope

a) This policy applies to all categories of members in the MMHA including, but not limited to,

players, officers, convenors, committee members, team managers, trainers,

administrators and employees.

b) This policy applies to harassment which may occur during the course of all MMHA

business, activities and events, including but not limited to competitions, team practices,

training camps, exhibitions, meetings and travel associated with these activities.

1.1.3 Definition of Harassment and Bullying

a) Harassment is defined as conduct which is insulting, intimidating, humiliating, offensive or

physically harmful.

Types of behaviour which 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 which undermine selfesteem

or diminish performance

§ Practical jokes which 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 or abuse

§ Any sexual offence

§ Behaviours such as those described above which are not directed towards

individuals or groups but which have the effect of creating a negative or hostile

environment

b) Bullying is defined as intentionally hurting someone in order to insult, humiliate, degrade

or exclude him or her. Basically it is “mean” behaviour. Bullying is:

§ hurting behaviours based on oppression and “meanness”

§ based on power differentials

§ intentionally harmful

§ intense and long in duration

§ repeated over time (generally)

§ oppressive – isolates victims

§ caused by many factors and behavioural challenges

Hurtful actions may be:

i) Physical – ie: hitting, kicking, grabbing, shoving, spitting on, beating others up, damaging

or stealing another person’s property

ii) Verbal – ie: name-calling, humiliating, degrading behaviour, hurtful teasing, threatening

someone (this may happen in notes or in person, over the phone, through text messages

or a chat room)

iii) Relational – ie: making others look foolish, excluding peers, spreading gossip or rumours

(this may happen in person, over the phone or through the computer)

1.1.4 Abuse and Neglect of Minors

a) When any person in authority has a reasonable belief that in the course of MMHA

business, activities or events a minor is being abused or neglected, he or she shall report

this belief to any Executive member and or the Police as soon as possible.

b) The MMHA shall take immediate action and conduct an immediate investigation in to
 the complaint and if the police have been notified assist them with their investigation until concluded.

c) 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 under

these proceedings.

1.1.5 Confidentiality

The MMHA recognizes the sensitive and serious nature of harassment and will strive to

keep all matters relating to a complaint confidential. However, if required by law to

disclose information, the MMHA will do so. This shall not preclude publication of the final

outcome of any matter, where a sanction imposed under this policy includes publication.

1.1.6 Complaint

a) 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 the values of the MMHA and this

policy.

b) If confronting the harasser is not possible, or if after confronting the harasser the

harassment continues, the matter should be immediately reported to an official of the MMHA.

For the purposes of this policy, an "official" may be any member of the MMHA Executive

Committee, a Convenor, the Executive Director, or the Chairperson of any MMHA

Standing Committee.

c) 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/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.

d) If the official considers that he or she is unable to act in this capacity, the complaint shall

be referred to another MMHA official.

e) If informal resolution of the complaint is not appropriate or possible, the person who has

experienced or witnessed the harassment, or who believes that harassment has

occurred, may make a formal written complaint to the MMHA.

1.1.7 Investigation

a) An official who receives a formal written complaint shall advise the President of the

MMHA, who shall appoint an individual to conduct an investigation of the complaint. For

serious matters, the investigator should be experienced in harassment matters and

investigation techniques, and may be an outside professional.

b) The investigator shall carry out the investigation in a timely manner and at the conclusion

of the investigation shall submit a written report to the President.

c) Within SEVEN days of receiving the written report of the investigator, the President shall

decide if the complaint should be dealt with directly, without a hearing, in which case he

or she shall direct the appropriate response and the matter shall then be concluded,

provided the person complained of is fully informed and is given an opportunity to

respond to the complaint.

1.1.8 Incidents Requiring Immediate Response

a) This policy shall not prevent a person in authority from taking immediate, informal,

corrective and appropriate disciplinary action in response to behaviour that, in his or her

view, constitutes a minor instance of harassment.

b) Harassment complaints arising during competitions may be dealt with immediately, if

necessary, by an MMHA representative in a position of authority, provided the individual

being disciplined is told the nature of the infraction and has an opportunity to provide

information concerning the incident. In such situations, sanctions shall be for the duration

of the competition only. Further sanctions may be applied but only after review of the

matter in accordance with this policy.

c) In the event that an alleged offence is so serious so as to possibly jeopardize the safety

of others, the Executive Committee of the MMHA may immediately remove the alleged

offender from MMHA activities, pending an investigation of the complaint in accordance

with this policy.

1.1.9 Hearing

a) If the President of the MMHA decides that the complaint shall be dealt with by means of a

hearing, he shall appoint three individuals to serve as a Panel, and shall appoint one of

these persons to serve as the Chairperson of the Panel.

b) The Panel shall govern the hearing by such procedures as it may decide, provided that:

i) The Complainant and Respondent shall be given written notice in person

(or by registered mail) of the day, time and place of the hearing:

ii) All parties shall receive a copy of the Investigator's report

iii) Both the Complainant and Respondent shall be present at the hearing

iv) The Panel may request that witnesses to the incident be present or submit

written evidence.

c) If at any point in the proceedings, the Complainant becomes reluctant to continue, it shall

be at the sole discretion of the Executive Committee to continue the review of the

complaint in accordance with this policy.

d) After reviewing and deciding the harassment matter, the Panel shall present its findings

in a written report to the President, with a copy provided to both the Complainant and the

Respondent. This report shall contain:

i) A summary of the relevant facts

ii) A determination as to whether the acts

complained of constitute harassment as defended

in this policy

iii) Disciplinary action to be taken, if the acts constitute

harassment; and

iv) Measures to remedy or mitigate the harm or loss

suffered by the Complainant, if the acts constitute

harassment.

1.1.10 Sanctions

a) When directing appropriate disciplinary sanction, the Panel shall consider factors such

as:

i) The nature and security of the harassment

ii) Whether the harassment involved any

physical contact

iii) Whether the harassment was an isolated

incident or part of an ongoing pattern

iv) The nature of the relationship between the

complainant and harasser

v) The age of the Complainant

vi) Whether the harasser had been involved in

previous harassment incidents

vii) Whether the harasser admitted responsibility

and expressed a willingness to change

viii) Whether the harasser retaliated against the

complainant

b) In directing disciplinary sanctions, the Panel may consider the following options, singly or

in combination, depending on the nature and severity of the harassment:

i) Verbal apology

ii) Written apology

iii) Letter of reprimand from the MMHA

iv) A fine or levy

v) Referral to counselling

vi) Removal of certain privileges of membership

or employment

vii) Temporary suspension with or without pay

viii) Termination of employment or contract

ix) Suspension of membership

x) Expulsion from membership

xi) Publication of the details of the sanction

xii) Any other sanction which the Panel may

deem appropriate

c) Failure to comply with a sanction as determined by the panel shall result in automatic

suspension of membership in the MMHA or in organizations affiliated with the MMHA,

until such time as the sanction is fulfilled.

d) Notwithstanding the procedures set out in this policy, any individual participating in

MMHA business, activities or events who is convicted of a criminal offence involving

sexual exploitation, invitation to sexual touching, sexual interference, sexual assault, shall

face automatic suspension from participating in any activities of the MMHA for a period of

time corresponding to the length of the criminal sentence imposed by the Court, and may

face further disciplinary action by the MMHA in accordance with this policy.

1.1.11 Appeals Procedure

Both the Complainant and Respondent shall have the right to appeal the decision and

sanctions of the Panel, in accordance with the MMHA Appeal Policy.

1.1.12 Discipline Policy Introduction

a) Membership in the MMHA, as well as participation in the activities of the MMHA, brings

with it many benefits and privileges. At the same time members and participants are

expected to fulfill certain responsibilities and obligations, including but not limited to

complying with the Code of Conduct, Policies, Regulations and Rules of the MMHA.

b) The MMHA Code of Conduct and the Rules and Regulations of Competition identify the

standard of conduct which is expected of members, and other persons involved in MMHA

activities and events. Individuals who fail to meet this standard may be subject to the

disciplinary sanctions identified within this policy.

1.1.13 Application

a) This policy applies to all members of the MMHA, as well as to all individuals participating

in activities with the MMHA, including but not limited to players, parents,

coaches, officials, volunteers, directors, officers, convenors, committee members, team

managers, trainers, administrators and employees.

b) This policy applies to discipline matters which may arise during the course of all MMHA

business, activities and events, including but not limited to competitions (including

exhibition games), practices, training camps, meetings and travel associated with these

activities.

c) Discipline matters arising within the business, activities or events of member

organizations of the MMHA shall be dealt with using the discipline policies and

mechanisms of such organizations.

1.1.14 Types of Infractions

a) Under this policy, there shall be three types of infractions, which may warrant discipline:

b) Technical infractions - these are violations of the Regulations and Rules of Competition of

the MMHA, which shall result in automatic sanctions as specified in this Policy

c) Minor infractions - these are infractions under the MMHA Code of Conduct which are not

severe but which may warrant immediate corrective action as specified in this Policy

d) Major infractions - these are infractions under the MMHA Code of Conduct, which are

more severe and may warrant disciplinary action as specified in this Policy

1.1.15 Discipline Procedures

a) Technical Infractions

Technical infractions shall result in automatic sanctions..

b) Minor Infractions

i) Disciplinary situations involving minor infractions occurring within the jurisdiction

of the MMHA will be dealt with by the appropriate person having authority over

the situation and the individual involved (this person may include, but is not

restricted to, executive or committee member, convenor, tournament

chairperson, official, coach, team manager, team captain).

ii) Procedures for dealing with minor infractions shall be informal as compared to

those for major infractions and shall be determined at the discretion of the person

responsible for discipline of such infractions, provided the individual being

disciplined is told the nature of the infraction and has an opportunity to provide

information concerning the incident.

c) Sanctions for Minor Infractions

The following disciplinary sanctions may be applied, singly or in combination, for minor

infractions:

i) Verbal reprimand

ii) Written reprimand to be sent to the individual

iii) Verbal apology by the individual

iv) Written apology by the individual

v) Termination of Team service or other voluntary contribution to the team, the

minor hockey organization or to the MMHA

vi) Suspension from the current competition and/or for a specified number of games,

other sanctions as may be considered appropriate for the offence.

d) Major Infractions

i) Any member or representative of the MMHA may report to the Executive Director

a major infraction using a Disclosure Report.

ii) Upon receipt of an Incident Report, the Executive Director shall determine if the

incident is better dealt with as a minor infraction, or if a hearing is required to

address the incident as a major infraction.

iii) If the incident is to be dealt with as a minor infraction, the Executive Director will

inform the appropriate person in authority as described in Section 4.1.16 b) and

the alleged offender, and the matter shall be dealt with according to Sections

4.1.16 b) i) and 4.1.16 b) ii) of this Policy.

iv) If the incident is to be dealt with as a major infraction and a hearing is required,

the alleged offender shall be notified as quickly as possible and in any event no

later than 5 days from date of receipt of the Incident Report, and shall be advised

of the procedures outlined in this Policy.

v) Major infractions occurring within competition may be dealt with immediately, if

necessary, by an MMHA representative in a position of authority, provided the

individual being disciplined is told the nature of the infraction and has an

opportunity to provide information concerning the incident. In such situations,

disciplinary sanctions shall be for the duration of the competition only. Further

sanctions may be applied but only after review of the matter in accordance with

the procedures set out in this Policy for major infractions.

1.1.16 Hearing

a) Within 3 days of receiving the Incident Report, the Executive Director shall forward the

Report to the President, or President's delegate who shall appoint three individuals to

serve as a Discipline Panel. Where possible, one of the Panel members shall be from

the peer group of the alleged offender.

b) The Discipline Panel shall hold the hearing as soon as possible, but not more than 14

days after the Incident Report is first received by the President.

c) The Discipline Panel shall govern the hearing as it sees fit, provided that:

i) The individual being disciplined shall be given 7 days written notice (by courier or

fax) of the day, time and place of the hearing. The Panel may decide to conduct

the hearing in person or by telephone or video conference

ii) The individual being disciplined shall receive a copy of the incident report

iii) Members of the Panel shall select from among themselves a Chairperson

iv) A quorum shall be all 3 Panel members and decisions shall be by majority vote

where the Chair carries a vote

v) The individual being disciplined may be accompanied by a representative;

vi) The individual being disciplined shall have the right to present evidence and

argument

vii) The hearing shall be held in private

viii) The Panel may request that witnesses to the incident be present or submit

written evidence

ix) Once appointed, the Panel shall have the authority to abridge or extend timelines

associated with all aspects of the Hearing

d) The Discipline Panel shall render its decision, with written reasons within 14 days of the

Hearing. A copy of this decision shall be provided to all of the parties to the hearing and

the President and Executive Director.

e) The preceding provisions may be modified, or added to, as required by the provisions of

any other pertinent MMHA Policy, such as those dealing with harassment, doping,

personnel or event-specific matters.

f) Where the individual acknowledges the facts of the incident, he or she may waive the

hearing, in which case the Panel shall determine the appropriate disciplinary sanction.

The Panel may hold a hearing for the purpose of determining an appropriate sanction.

g) If the individual being disciplined chooses not to participate in the hearing, the hearing

shall nonetheless proceed.

1.1.17 Sanctions for Major Infractions

a) The Discipline Panel may apply the following disciplinary sanctions singly or in

combination for major infractions:

i) Written reprimand to be placed in individual's file

ii) Written apology by the individual

iii) Suspension from certain MMHA events which may include suspension from the

current game or competition or from future competitions

iv) Payment of a financial fine in an amount to be determined by the Discipline Panel

v) Suspension from certain MMHA activities (i.e. competing, coaching or officiating)

for a designated period of time

vi) Suspension from all MMHA activities for a designated period of time

vii) Expulsion from the MMHA

viii) Other sanctions as may be considered appropriate for the offence

b) The preceding sanctions may be modified, or added to, as required by the provisions of

any other pertinent MMHA Policy, such as those dealing with harassment, doping,

personnel or event-specific matters.

c) Unless the Discipline Panel decides otherwise, any disciplinary sanctions shall

commence immediately.

d) In applying sanctions, the Disciplinary Panel may have regard to the following

aggravating or mitigating circumstances:

i) The nature and severity of the offence

ii) Whether the incident is a first offence or has occurred repeatedly

iii) The individual's acknowledgment of responsibility

iv) The individual's extent of remorse

vi) The age, maturity or experience of the individual

vii) The individual's prospects for rehabilitation

e) Notwithstanding the procedures set out in this Policy, any member or participant of the

MMHA who is convicted of a criminal offence involving sexual exploitation, invitation to

sexual touching, sexual interference or sexual assault, shall face automatic suspension

from participating in any activities of the MMHA for a period of time corresponding to the

length of the criminal sentence imposed by the Court, and may face further disciplinary

action by the MMHA in accordance with this Policy.

1.1.18 Appeals Procedure

Except where otherwise provided, an appeal of any disciplinary matter will be done

according to the MMHA Manual of Operations.