Note: In this policy “member” refers to all categories of members in Tennis New Brunswick (TNB), as well as to all individuals engaged in activities with or employed by TNB, including but not limited to, athletes, coaches, officials, volunteers, directors, officers, team managers, medical and paramedical personnel, administrators and employees. “Appellant” refers to the member appealing a decision and “Respondent” refers to the body whose decision is being appealed.
SCOPE OF APPEAL
1. Any member of TNB who is affected by a decision of the Executive or of any body or individual who has been delegated authority to make decisions on behalf of the Executive, shall have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 4 of this policy. Such decisions may include, but are not limited to, employment, harassment, selection and discipline.
2. This policy shall not apply to matters relating to the rules of tennis, which may not be appealed. This policy shall also not apply to circumstances in which the Atlantic Tennis Alliance discipline and appeals policy is applicable.
TIMING OF APPEAL
3. Members who wish to appeal a decision shall have 21 days from the date on which they received notice of the decision, to submit written notice of their intention to appeal, along with detailed reasons for the appeal, to the President of TNB.
GROUNDS FOR APPEAL
4. A decision cannot be appealed on its merits alone. An appeal may be heard only if there are sufficient grounds for the appeal. Sufficient grounds include the respondent:
a) making a decision for which it did not have authority or jurisdiction as set out in governing documents;
b) failing to follow procedures as laid out in the bylaws or approved policies of TNB;
c) making a decision which was influenced by bias, where bias is defined as a lack of neutrality to such an extent that the decision-maker is unable to consider other views;
d) exercising its discretion for an improper purpose;
e) making a decision which was grossly unreasonable.
SCREENING OF APPEAL
5. Within 3 days of receiving the notice of appeal, the President shall decide whether or not the appeal is based on one or more of the categories of possible errors by the respondent as set out in Section 4. The President shall not determine if the error has been made, only if the appeal is based on such an allegation of error by the respondent. In the absence of the President, a member of the Executive shall perform this function.
6. If the appeal is denied on the basis of insufficient grounds, the Appellant shall be notified of this decision in writing, giving reasons. This decision is at the sole discretion of the President, or designate, and may not be appealed.
7. If the President is satisfied that there are sufficient grounds for an appeal, within 10 days of having received the original notice of appeal he or she shall establish an Appeals Panel (the “Panel”) as follows:
a) The Panel shall be comprised of three individuals who shall have no significant relationship with the affected parties, shall have had no involvement with the decision being appealed, and shall be free from any other actual or perceived bias or conflict.
b) At least one of the Panel’s members shall be from among the Appellant’s peers and shall be at least 19 years of age..
c) The Appellant shall be given the opportunity to recommend the peer member on the Panel, provided that member satisfies criteria a) above.
d) Should the Appellant not recommend the Panel member as set out in c) above within 5 days, the President shall appoint the peer member of the Panel
8. The Panel may determine that the circumstances of the dispute warrant a preliminary conference:
a) The matters which may be considered at a preliminary conference include date and location of hearing, time-lines for exchange of documents, format for the appeal, clarification of issues in dispute, any procedural matter, order and procedure of hearing, remedies being sought, identification of witnesses, and any other matter which may assist in expediting the appeal proceedings.
b) The Panel may delegate to its Chairperson the authority to deal with these preliminary matters.
PROCEDURE FOR THE APPEAL
9. The Panel shall govern the appeal by such procedures as it deems appropriate, provided that:
a) The appeal hearing shall be held within 21 days of the Panel’s appointment.
b) The Appellant, respondent and affected parties shall be given 14 days written notice of the date, time and place of the appeal hearing.
c) The Panel’s members shall select from themselves a Chairperson.
d) A quorum shall be all three Panel’s members.
e) Decisions shall be by majority vote, where the Chairperson carries a vote.
f) Copies of any written documents which any of the parties would like the Panel to consider shall be provided to the Panel, and to all other parties, at least 5 days in advance of the hearing.
g) Any of the parties may be accompanied by a representative or advisor.
h) If the matter under appeal relates to team selection, any person potentially affected by the decision of the Panel shall become a party to the appeal.
i) The Panel may direct that any other individual participate in the appeal.
j) In the event that one of the Panel’s members is unable or unwilling to continue with the appeal, the matter shall be concluded by the remaining two Panel members.
k) Unless otherwise agreed by the parties, there shall be no communication between Panel members and the parties except in the presence of, or by copy to, the other parties.
10. In order to keep costs to a reasonable level the Panel may conduct the appeal by means of a conference call or video conference.
11. Within 7 days of concluding the appeal, the Panel shall issue its written decision, with reasons. In making its decision, the Panel shall have no greater authority than that of the original decision-maker. The Panel may decide:
a) To void or confirm the decision being appealed;
b) To vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision-maker for reasons which include, but are not limited to, lack of clear procedure, lack of time, or lack of neutrality;
c) To refer the matter back to the initial decision-maker for a new decision; and
d) To determine how costs of the appeal shall be allocated, if at all.
12. A copy of this decision shall be provided to each of the parties and to the President.
13. If the circumstances of the dispute are such that this policy will not allow a timely appeal, the Panel may direct that these time-lines be abridged. If the circumstances of the disputes are such that the appeal cannot be concluded with the time-lines dictated in this policy, the Panel may direct that these time-lines be extended.
14. Any party to the appeal may request that the Panel conduct the appeal by way of documentary evidence. The Panel may seek agreement from the other parties to proceed in this fashion. If agreement is not forthcoming, the Panel shall decide whether the appeal shall proceed by way of documentary evidence or in-person hearing.
15. All differences or disputes shall first be submitted to appeal pursuant to the appeal process set out in this policy. If any party believes the Appeal Panel has made an error such as those described in Section 4 of this policy, the matter shall be referred to arbitration, such arbitration to be administered under the Sport New Brunswick Provincial Sport Arbitration System for Amateur Sport and its Rules of Arbitration, as amended from time to time.
16. Should a matter be referred to arbitration, all parties to the original appeal shall be parties to the arbitration.
17. The parties to an arbitration shall enter into a formal Arbitration Agreement and the decision of any arbitration shall be final and binding and not subject to any further review by any court of competent jurisdiction or any other body.
LOCATION AND JURISDICTION
18. Any appeal shall take place in Fredericton, unless held by way of telephone conference call or held elsewhere as may be decided by the Panel as a preliminary matter.
19. This policy shall be governed and construed in accordance with the laws of the Province of New Brunswick.
20. No action or legal proceeding shall be commenced against TNB in respect of a dispute, unless TNB has refused or failed to abide by the provisions for appeal and/or arbitration of the dispute, as set out in this policy.
1. Tennis NB is committed to providing a sport and work environment in which all individuals are treated with respect and dignity. Each individual has the right to participate and work in an environment, which promotes equal opportunities and prohibits discriminatory practices.
Harassment is a form of discrimination. Harassment is prohibited by the Canadian Human Rights Act and by human rights legislation in every province and territory of Canada.
Harassment is offensive, degrading, and threatening. In its most extreme forms, harassment can be an offense under Canada’sCriminal Code.
Whether the harasser is a director, supervisor, employee, coach, official, volunteer, parent or athlete, harassment is an attempt by one person to assert abusive, unwarranted power over another.
Tennis NB is committed to providing a sport environment free of harassment on the basis of race, colour, sex, disability, ethnic or national origin, age, religion or creed, sexual orientation, marital or family status, civil status, or other prohibitive grounds of discrimination covered by Human Rights legislation.
2. This policy applies to all employees of Tennis NB, as well as to all directors, officers, consultants, volunteers, coaches, athletes, and officials associated with specific Tennis NB activities (henceforth identified as members of Tennis NB). Tennis NB encourages the reporting of all incidents of harassment, regardless of who the offender may be.
3. This policy applies to harassment, which may occur during the course of all Tennis NB business, activities and events. It also applies to harassment between individuals associated with Tennis NB but outside Tennis NB business, activities and events when such harassment adversely affects relationships within the Tennis NB and sport environment.
4. Notwithstanding this policy, every person who experiences harassment continues to have the right to seek assistance from their provincial or territorial human rights commission, even when steps are being taken under this policy.
5. Work place harassment involves unwelcome and offensive comments, conducts, gestures or contact based on or related to race, colour, sex, disability, ethnic or national origin, age, religion or creed, sexual orientation, marital or family status, civil status, or other prohibitive grounds of discrimination covered by Human Rights legislation. Harassment occurs when the behaviour concerned:
- is likely to be offensive, embarrassing or humiliating;
might, on reasonable grounds, be perceived as placing a condition on employment, its terms or continued employment;
has the purpose or effect of interfering with an individuals work performance or creating an intimidating, threatening, hostile or offensive work environment.
6. Harassment occurs when the individual knows or reasonably should know that the behaviour is offensive. A standard of a “reasonable person” or, in the case of sexual harassment, a “reasonable women (or man)” is used to assess behaviour.
7. For the purpose of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature when:
- submitting to or rejecting this conduct is used as the basis for making decisions which affect the individual; or
- such conduct has the purpose or effect of interfering with an individual’s performance; or
- such conduct creates an intimidating, hostile, or offensive environment.
8. Types of behaviour which constitute harassment include but are not limited to:
- written or verbal abuse or threats;
- the display of visual material which is offensive or which one ought to know is offensive;
unwelcome remarks, jokes, comments, innuendo, or taunting about a person’s looks, body attire, age, race, religion, sex, or sexual orientation;
- leering or other suggestive or obscene gestures;
condescending, paternalistic, or patronizing behaviour which undermines self-esteem, diminishes performance, or adversely affects working conditions;
practical jokes which cause awkwardness or embarrassment, endanger a person’s safety, or negatively affect performance;
- unwanted physical contact including touching, petting, pinching or kissing;
- unwelcome sexual flirtations, advance, requests or invitations; or
- physical or sexual assault.
9. Sexual harassment most commonly occurs in the form of behaviour by males towards females; however, sexual harassment can also occur between males, between females, or as behaviour by females toward males.
10. Harassment may be inflicted directly or indirectly, and through any means of communication, including through electronic communications.
11. For the purposes of this policy, retaliation against an individual
- for having filed a complaint or taken any other step under this policy; or
- for having participated in any procedure under this policy; or
for having been associated with a person who filed a complaint or participated in any procedure under this policy will be treated as harassment, and will not be tolerated
12. The President of Tennis NB and the members of the Tennis NB Executive are responsible for the implementation of this policy. In addition, the President of Tennis NB and the members of the Tennis NB Executive are responsible for:
- discouraging and dealing with harassment within Tennis NB;
- investigating formal complaints of harassment in a sensitive, responsible, and timely manner;
imposing appropriate disciplinary or corrective measures when a complaint of harassment has been substantiated, regardless of the position or authority of the offender;
- providing advice to persons who experience harassment;
doing all in their power to support and assist any employee or member of Tennis NB who experiences harassment by someone who is not an employee or member of Tennis NB;
making all employees and members of Tennis NB aware of the problem of harassment, including, sexual harassment, and of the procedures contained in this policy;
informing both complainants and respondents of the procedures contained in this policy and of their rights under the law;
regularly reviewing the terms of this policy to ensure that they adequately meet the organization’s legal obligations and public policy objectives;
appointing harassment officers and providing the training and resources they need to fulfill their responsibilities under this policy, and
- appointing unbiased case review panels and appeal bodies and providing the resources and support they need to fulfill their responsibilities under this policy.
13. Every employee or member of Tennis NB has a responsibility to play a part in ensuring that the Tennis NB sport environment is free from harassment. This means not engaging in, allowing, condoning or ignoring behaviour contrary to this policy. In addition, any employee or member of Tennis NB who believes that a fellow employee or member has experienced or is experiencing harassment is encouraged to notify a harassment officer appointed under this policy.
14. Employees or members of Tennis NB against whom a complaint of harassment is substantiated may be severely disciplined, up to and including employment dismissal or termination of membership in cases where the harassment takes the form of assault, sexual assault, or a related sexual offense.
15. Tennis NB understands that it can be extremely difficult to come forward with a complaint of harassment and that it can be devastating to be wrongly convicted of harassment. Tennis NB recognizes the interests of both the complainant and the respondent in keeping the matter confidential.
16. Tennis NB shall not disclose to outside parties the name of the complainant, the circumstances giving rise to a complaint, or the name of the respondent unless a disciplinary or other remedial process requires such disclosure.
17. Information related to harassment matters is provided to others on a “need to know” basis only. While Tennis NB wishes to create an environment where members are willing to come forward to have complaints resolved, such members should understand that harassment allegations must be dealt with in a forthright and fair manner. This includes an obligation to be fair to the alleged harasser by providing sufficient information about the allegation that concerns them to enable them to respond properly. In many cases, this will mean that anonymity is not feasible or fair. However, members can be assured that Tennis NB will take all possible steps to preserve confidentiality.
18. Tennis NB shall appoint at least two persons, one male and one female, who are themselves members or employees of the sport organization, to serve as officers under this policy.
19. The role of harassment officers is to serve in a neutral, unbiased capacity and to receive complaints, assist in informal resolution of complaints and investigate formal written complaints. In carrying out their duties under this policy, officers shall be directly responsible to the President of Tennis NB.
20. Tennis NB shall ensure that officers receive appropriate training and support for carrying out their responsibilities under this policy.
21. A person who experiences harassment is encouraged to make it known to the harasser that the behaviour is unwelcome, offensive, and contrary to this policy.
22. If confronting the harasser is not possible, or if the person experiencing the harassment does not wish for any reason to confront the alleged harasser, or if after confronting the harasser the harassment continues, the complainant should seek the advice of a harassment officer.
23. The harassment officer shall inform the complainant of:
- the options for pursuing an informal resolution of his or her complaint;
the right to lay a formal written complaint under this policy when an informal resolution is inappropriate or not feasible;
- the availability of counseling and other support provided by Tennis NB;
- the confidentiality provisions of this policy;
the right to be represented by a person of choice (including legal counsel) at any stage in the complaint process;
- the external mediation/arbitration mechanisms that may be available;
the right to withdraw from any further action in connection with the complaint at any stage (even though Tennis NB might continue to investigate the complaint); and
other avenues of recourse, including the right to file a complaint with a human rights commission or, where appropriate, to contact the police to have them lay a formal charge under the Criminal Code.
24. There are three possible outcomes to this meeting of complainant and official:
- The complainant and officer agree that the conduct does not constitute harassment.
If this occurs, the harassment officer will take no further action and will make no written record.
The complainant brings evidence of harassment and chooses to pursue an informal resolution of the complaint.
If this occurs, the harassment officer will assist the two parties to negotiate a solution acceptable to the complaint, or may assist the complainant with informal means of resolving the complaint. If desired by the parties and if appropriate, the harassment officer may also seek the assistance of a neutral mediator.
If an informal resolution yields a result, which is acceptable to both parties, the harassment officer will make a written record that a complaint was made and was resolved informally to the satisfaction of both parties, and will take no further action
- If informal resolution fails to satisfy the complaint, the complainant will reserve the option of laying a formal written complaint.
If an informal resolution is not achieved, and the complainant does not file a written complaint, a record of his or her dealings with the harassment officer will be kept by the harassment officer. Such record will be confidential it shall not be placed or referred to in any other file kept in any other department of Tennis NB.
The complainant brings evidence of harassment and decides to lay a formal written complaint.
If this occurs, the harassment officer will assist the complainant in drafting a formal written complaint, to be signed by the complainant, and a copy given to the respondent without delay. The written complaint should set out the details of the incident(s), the names of any witnesses to the incident(s), and should be dated and signed.
The respondent will be given an opportunity to provide a written response to the complaint. The harassment officer may assist the respondent in preparing this response.
- The complainant brings evidence of harassment but does not wish to lay a formal complaint.
If this occurs, the harassment officer must decide if the alleged harassment is serious enough to warrant laying a formal written complaint, even if it is against the wishes of the complainant.
When the harassment officer decides that the evidence and surrounding circumstances require a formal written complaint, the harassment officer will issue a formal written complaint and, without delay, provide copies of the complaint to both the complainant and the respondent.
25. As soon as possible after receiving the written complaint, but within 21 days, the officer shall submit a report to the President of Tennis NB, containing the documentation filed by both parties along with a recommendation (and reasons for the recommendation) that:
- No further action be taken because the complaint is unfounded or the conduct cannot reasonably be said to fall within this policy’s definition of harassment; or
- The complaint should be investigated further.
- A copy of this report shall be provided, without delay, to both the complainant and the respondent.
26. In the event that the harassment officer’s recommendation is to proceed, the Tennis NB President shall within 14 days appoint three employees or members of Tennis NB to serve as a case review panel. Tennis NB may also appoint up to two members to the panel from outside Tennis NB. This panel shall consist of at least one woman and at least one man. To ensure freedom from bias, no member of the panel shall have a significant personal or professional relationship with either the complainant or the respondent.
27. Within 21 days of its appointment, unless the parties and the panel agree otherwise, the case review panel shall convene a hearing. The hearing shall be conducted in a manner that is fair to both parties, and shall be governed by such procedures as the panel may decide, provided that:
The complainant and respondent shall be given 14 days notice, in writing, of the day, time and place of the hearing.
- Members of the panel shall select a chairperson from among themselves.A quorum shall be all three-panel members.
Decisions shall be by majority vote. If a majority vote decision is not possible, the decision of the chairperson will be the decision of the panel.
- The hearing shall be in camera.
Both parties shall be present at the hearing to give evidence and to answer questions of the other party and of the panel. Each shall have the right to present evidence and to question and cross-examine witnesses.
If the complainant does not appear, the matter may be dismissed (unless the complainant decided not to lay a formal complaint, but the officer concluded that the evidence and surrounding circumstances were such as to require a formal written complaint). If the respondent does not appear, the hearing may proceed in any event.
- A representative or adviser may accompany the complainant and respondent.
- The harassment officer may attend the hearing at the request of the panel.
28. Within 14 days of the hearing, the case review panel shall present its findings in a report to the Tennis NB President which shall contain:
a summary of the relevant facts found by the case review panel, based on the evidence presented at the hearing;
a determination as to whether harassment as defined in this policy has occurred as alleged in the complaint;
recommend disciplinary action against the respondent, if harassment is found to have occurred; and
- recommend measures to remedy or mitigate the harm or loss suffered by the complainant, if harassment is found to have occurred.
29. If the panel determines that the allegations of harassment are false, vexatious, retaliatory, or unfounded, their report may recommend disciplinary action against the complainant.
30. A copy of the report of the case review panel shall be provided, without delay, to both the complainant and the respondent.
31. When determining appropriate disciplinary action and corrective measures, the case review panel shall consider factors such as:
the nature of the harassment;
whether the harassment involved any physical contact;
whether the harassment was an isolated incident or part of an ongoing pattern;
the nature of the relationship between complainant and harasser;
the age of the complainant;
whether the harasser had been involved in previous harassment incidents;
whether the harasser admitted responsibility and expressed a willingness to change; and
whether the harasser retaliated against the complainant.
32. In recommending disciplinary sanctions, the panel may consider the following options, singly or in combination, depending on the severity of the harassment:
a verbal apology;
a written apology;
a letter of reprimand from the sport organization;
a fine or 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; or
expulsion from membership
33. Where the investigation does not result in a finding of harassment, a copy of the report of the case review panel shall be placed in the harassment officer’s files. These files shall be kept confidential and access to them shall be restricted to the Tennis NB President and the harassment officers.
34. Where the investigation results in a finding of harassment, a copy of the report of the case review panel shall be placed in the personnel or membership file of the respondent. Unless the findings of the panel are overturned upon appeal, this report shall be retained for a period of ten years, unless new circumstances dictate that the report should be kept for a longer period of time.
PROCEDURE WHERE A PERSON BELIEVES THAT A COLLEAGUE HAS BEEN HARASSED
35. Where a person believes that a colleague has experienced or is experiencing harassment and reports this belief to a harassment officer, the officer shall meet with the person who is said to have experienced harassment and shall then proceed in accordance with Section 21 of this policy.
36. Both the complainant and respondent shall have the right to appeal the decision and recommendations of the case review panel. A notice of intention to appeal, along with grounds for the appeal, must be provided to the chairperson of the case review panel within 14 days of the complainant or respondent receiving the panel’s report.
37. Permissible grounds for an appeal are:
the panel did not follow the procedures laid out in this policy, or has otherwise failed to act in a fair and impartial manner;
members of the panel were influenced by bias; or
the panel reached a decision which was patently unfair or unreasonable.
38. In the event that a notice of appeal is filed, the Tennis NB President shall appoint a minimum of three members to constitute the appeal body. Up to two members of the panel may also be appointed from outside Tennis NB. This appeal body shall consist of a least one woman and at least one man. These individuals must have no significant personal or professional involvement with either the complainant or respondent, and no prior involvement in the dispute between them.
39. The appeal body shall base its decision solely on a review of the documentation surrounding the complaint, including the complainant’s and respondent’s statements, the reports of the harassment officer and the case review panel, and the notice of the appeal.
40. Within ten days of its appointment, the appeal body shall present its findings in a report to the Tennis NB President. The appeal body shall have the authority to uphold the decision of the panel, to reverse the decision of the panel, and/or modify any of the panel’s recommendations for disciplinary action or remedial measures.
41. A copy of the appeal body’s report shall be provided, without delay, to the complainant and respondent.
42. The decision of the appeal body shall be final.
REVIEW AND APPROVALS
43. The Tennis NB Board of Directors reviewed and approved this policy on February 1, 2008.
STATUTE OF LIMITATIONS:
Should you be involved in or witness an incident of harassment as described in this policy, you have one (1) year from the date on which the incident occurs in which to file a report to a harassment officer. If you fail to comply within this time limit, there is no recourse.
(adopted March 2004)
Note: In this policy “member” refers to all categories of members in Tennis New Brunswick (TNB), as well as to all individuals engaged in activities with or employed by TNB, including, but not limited to, athletes, coaches, officials, volunteers, directors, officers, team managers, medical and paramedical personnel, administrators and employees.
1. TNB is committed to providing a sport environment which is athlete-centered, and which is characterized by the values of fairness, integrity, open communication, and mutual respect.
2. Membership in TNB, as well as participation in the activities of TNB, brings with it many benefits and privileges. At the same time, members are expected to fulfill certain responsibilities and obligations, including but not limited to, complying with the code of conduct, policies and regulations of TNB.
3. The TNB code of conduct (attached as Appendix A) identifies the standard of behavior which is expected of members of TNB. Members who fail to meet this standard may be subject to the disciplinary sanctions identified within this policy.
4. This policy applies to all members of TNB, as well as to all individuals engaged in activities with, or employed by TNB. This policy does not apply to circumstances in which the Atlantic Tennis Alliance discipline and appeals policy is applicable.
5. This policy applies to discipline matters that may arise during the course of all TNB business activities and events, including but not limited to, competitions, training camps, meetings and travel associated with these activities.
6. Discipline matters arising within the business activities or events of member clubs, or affiliated organizations of TNB shall be dealt with using the discipline policies and mechanisms of such organizations.
7. Examples of minor infractions are shown in Appendix B. All disciplinary situations involving minor infractions occurring within the jurisdiction of TNB 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, a board member, executive member, tournament organizer, coach, official).
8. 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.
9. The following disciplinary sanctions may be applied, singly or in combination, for minor infractions:
- a) verbal reprimand,
- b) written reprimand to be placed in individuals file,
- c) verbal apology,
- d) hand-delivered written apology,
- e) team service or other voluntary contribution to TNB,
- f) suspension from current competition,
- g) other sanctions as may be considered appropriate for the offense.
10. Minor infractions which result in discipline shall be recorded using the Incident Report form in Appendix C. Repeat minor offenses may result in a further such incidence being considered as a major infraction.
11. Examples of major infractions are shown in Appendix B. Any member, or representative, of TNB may report to the Executive Director a major infraction using the Incident Report form in Appendix C.
12. 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.
13. 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 7 and the alleged offender, and the matter shall be dealt with according to Sections 7 through 9 of this policy.
14. 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 that 3 days from date of receipt of the Incident Report, and shall be advised of the procedures outlined in this policy.
15. Major infractions occurring within competition may be dealt with immediately, if necessary, by a TNB representative in a position of authority, provide 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. This review does not replace the appeal provisions of this policy.
16. Within 7 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 Disciplinary Panel.
17. The Disciplinary Panel shall hold the hearing as soon as possible, but not more than 21 days after the Incident Report is first received by the President.
18. The Disciplinary Panel shall govern the hearing as it sees fit, provided that:
- a) the individual being disciplined shall be given 10 days written notice (by courier, mail 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;
- b) the individual being disciplined shall receive a copy of the incident report;
- c) members of the Panel shall select from among themselves a Chairperson;
- d) a quorum shall be all 3 Panel members;
- e) decisions shall be by majority vote; the Chair carries a vote;
- f) the individual being disciplined may be accompanied by a representative;
- g) the individual being disciplined shall have the right to present evidence and argument;
- h) the hearing shall be held in private;
- i) the Panel may request that witnesses to the incident be present or submit written evidence;
- j) once appointed, the Panel shall have the authority to abridge or extend timelines associated with all aspects of the Hearing.
19. The Disciplinary Panel shall render its decision, with written reasons within 5 days of the Hearing. A copy of this decision shall be provided to all of the parties to the hearing and the Executive Director.
20. The preceding provisions may be modified, or added to, as required by the provisions of any other pertinent TNB policy, such as those dealing with harassment, personnel or event-specific matters.
21. 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.
22. If the individual being disciplined chooses not to participate in the hearing, the hearing shall proceed in any event.
23. The Disciplinary Panel may apply the following disciplinary sanctions singly or in combination, for major infractions:
- a) written reprimand to be placed in individual’s file;
- b) hand-delivered written apology;
- c) suspension from certain TNB events which may include suspension from the current competition or from future teams or competitions;
- d) being sent home following suspension from the current competition;
- e) payment of a financial fine in an amount to be determined by the Disciplinary Panel;
- f) suspension of TNB funding;
- g) suspension from certain TNB activities (i.e. competing, coaching or officiating) for a designated period of time;
- h) suspension from all TNB activities for a designated period of time;
- i) expulsion from TNB;
- j) other sanctions as may be considered appropriate for the offense.
24. The preceding sanctions may be modified, or add to, as required by the provisions of any other pertinent TNB policy, such as those dealing with harassment, doping, personnel or event-specific matters.
25. Unless the Disciplinary Panel decides otherwise, any disciplinary sanctions shall commence immediately.
26. In applying sanctions, the Disciplinary Panel may have regard to the following aggravating or mitigating circumstances:
- a) the nature and severity of the offense,
- b) whether the incident is a first offense or has occurred repeatedly,
- c) the individual’s acknowledgment of responsibility,
- d) the individual’s extent of remorse,
- e) the age, maturity or experience of the individual, and
- f) the individual’s prospects for rehabilitation.
27. Notwithstanding the procedures set out in this policy, any member of TNB who is convicted of a criminal offense involving sexual exploitation, invitation to sexual touching, sexual interference or sexual assault, shall face automatic suspension from participating in any activities of TNB for a period of time corresponding to the length of the criminal sentence imposed by the Court, and may face further disciplinary action by TNB in accordance with this policy.
28. Except where otherwise provided, an appeal of any disciplinary matter will be done according to the Appeals Policy of TNB.
TENNIS NEW BRUNSWICK – APPENDIX A
CODE OF CONDUCT
TNB is committed to providing an environment in which all individuals are treated with respect. Further, TNB supports equal opportunity and prohibits discriminatory practices. Members are expected to conduct themselves at all times in a manner consistent with the values of TNB which include: fairness, integrity, open communication and mutual respect. Irresponsible behavior by members can do severe damage to the sport of tennis and to the support which all levels of players have worked so hard to achieve. Conduct which violates these values may be subject to sanctions pursuant to TNB’s Discipline Policy.
In addition to the above, the following specific behaviors will be subject to sanction pursuant to TNB’s Discipline Policy:
1. not complying with the by-laws, rules, regulations or policies of TNB, as adopted and amended from time to time;
2. verbally or physically abusing opponents, coaches, officials, volunteers, spectators or sponsors;
3. showing disrespect to officials, including the use of foul language and obscene or offensive gestures;
4. abusing facilities or equipment;
5. failing to comply with the conditions of entry of an event;
6. any other unreasonable conduct which brings the sport of tennis into disrepute, including but not limited to, abusive use of alcohol, non-medical use of drugs, use of alcohol by minors.
TENNIS NEW BRUNSWICK – APPENDIX B
Examples of Minor Infractions:
a) a single incident of disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards others, including but not limited to peers, opponents, athletes, coaches, officials, administrators, spectators and sponsors;
b) unsportsmanlike conduct such as angry outbursts or arguing;
c) a single incident of being late for or absent from TNB events and activities at which attendance is expected or required;
d) non-compliance with the rules and regulations under which TNB events are conducted, whether at the local, provincial, national or international level.
Examples of Major Infractions:
a) repeated incidents of disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards others, including but not limited to peers, opponents, athletes, coaches, officials, administrators, spectators and sponsors;
b) repeated unsportsmanlike conduct such as angry outbursts or arguing;
c) repeated incidents of being late for or absent from TNB events and activities at which attendance is expected or required;
d) activities or behavior which interfere with a competition or with any athlete’s preparation for a competition;
e) pranks, jokes or other activities which endanger the safety of others;
f) deliberate disregard for the rules and regulations under which TNB events are conducted, whether at the local, provincial, national or international level;
g) abusive use of alcohol where abuse means a level of consumption which impairs the individual’s ability to speak, walk or drive; causes the individual to behave in a disruptive manner; or interferes with the individual’s ability to perform effectively and safely;
h) any use of alcohol by minors;
i) use of illicit drugs and narcotics;
j) use of banned performance enhancing drugs or methods.
POLICY STATEMENT AND APPLICATION
1. This policy applies to all employees of Tennis NB, as well as to all directors, officers, consultants, volunteers, coaches, athletes and officials associated with specific Tennis NB activities (collectively referred to in this policy as “members” of Tennis NB).
2. Tennis NB prohibits and will not condone any form of abuse or neglect, whether physical, emotional or sexual, of any participant of any age in any of its programs. Tennis NB expects every employee and member to take all reasonable steps to safeguard the welfare of Tennis NB participants and to protect them from any form of maltreatment. Tennis NB encourages the reporting of all incidents of abuse, regardless of who the offender may be.
3. Allegations of abuse or neglect will be dealt with in accordance with: (a) Tennis NB’s complaint procedures as set out in this policy and in the Terms of Reference of Tennis NB’s Discipline Committee and Discipline Appeal Committee; and (b) where applicable, in accordance with the requirements of applicable child protection or related legislation.
4. This policy applies to abuse occurring during the course or in conjunction with any Tennis NB business, activities or events
5. Notwithstanding this policy, every person who experiences abuse continues to have the right to seek assistance from the police, their provincial or territorial child protection authority (if applicable), and their provincial or territorial human rights commission, even when steps are being taken under this policy.
RELATIONSHIP TO HARASSMENT POLICY
6. Some behaviours that are defined as abuse can also constitute harassment or bullying, when the behaviour breaches human rights or appropriate relationship/conduct boundaries. The Tennis NB Harassment Policy covers harassing or bullying behaviour, including both abusive and non-abusive behaviour. Together, the two policies address the entire spectrum of abusive, bullying and harassing behaviours.
7. Abuse is any form of physical, emotional and/or sexual mistreatment or lack of care which causes physical injury or emotional damage. Abuse may be perpetrated by an adult or a child, and the victim may be an adult or a child.
8. Child abuse raises distinct issues and triggers unique legal obligations. A common characteristic of all forms of abuse against children and youth is an abuse of power or authority and/or breach of trust by an adult over a child. Every province and territory in Canada, except the Yukon, has mandatory reporting laws regarding the abuse and neglect of children and youth; the Yukon requests that concerns be reported.
9. Across Canada a person is considered a child, for purposes of triggering a legal obligation to report child abuse, up to the age of 16 to 19 years depending on provincial legislation. The following are the basic definitions of a child according to the child protection legislation in Canada’s various jurisdictions.
British Columbia – any person under 19 years of age Alberta – any person under 18 years of age Saskatchewan – any unmarried person under 16 years of age Manitoba – any person under 18 years of age Ontario – any person under 18 years of age Quebec – any person under 18 years of ageNew Brunswick – any person under 19 years of age Nova Scotia – any person under 16 years of age P.E.I. – any person under 18 years of ageNewfoundland & Labrador – any unmarried person under 16 years of age Northwest Territories – any person under 18 years of age Yukon – any person under 18 years of age
10. Physical abuse occurs when a person purposefully injures or threatens to injure another person. This may include slapping, hitting, shaking, kicking, pulling hair or ears, throwing, shoving, grabbing, hazing or excessive exercise as a form of punishment.
11. Emotional abuse is a chronic attack on a person’s self-esteem. It is psychologically destructive behaviour. It can take the form of, among other things, name-calling, threatening, ridiculing, berating, intimidating, isolating, hazing or ignoring the person’s needs.
12. Sexual abuse is when a person, without their consent, is used by another person for his or her own sexual stimulation or gratification. Children under 14 are deemed not to consent to sexual touching by an adult. Children under 18 are deemed not to consent to sexual activity by an adult who is in a position of authority or trust. There are different types of sexual abuse, some of which involve physical contact, and some of which do not. Sexual abuse that does not involve physical contact includes making obscene remarks, voyeurism, showing pornography, forcing a person to watch sexual acts, asking sexually intrusive questions or making sexually intrusive comments, and forcing a person to pose for sexual photographs or videos.
13. Neglect is chronic inattention to the basic necessities of life such as clothing, shelter, nutritious diets, education, good hygiene, supervision, medical and dental care, adequate rest, safe environment, moral guidance and discipline, exercise and fresh air. This may occur in tennis when injuries are not adequately treated or players are made to play with injuries, equipment is inadequate or unsafe, no-one intervenes when team members are persistently harassing another player, or road trips are not properly supervised.
14. Abuse and neglect may be inflicted directly or indirectly, and through any means of communication, including through electronic communications.
15. The President of Tennis NB and the Board of Tennis NB are responsible for the implementation of this policy. In addition, the President of Tennis NB and Board of Tennis NB are responsible for:
discouraging and dealing with abuse within Tennis NB;
ensuring that formal complaints of abuse are investigated in a sensitive, responsible, and timely manner;
imposing appropriate disciplinary or corrective measures when a complaint of abuse has been substantiated, regardless of the position or authority of the offender;
providing advice to persons who experience abuse;
doing all in their power to support and assist any employee or member of Tennis NB who experiences abuse by someone who is not an employee or member of Tennis NB;
making all employees and members of Tennis NB aware of the problem of abuse, including, sexual abuse, and of the procedures contained in this policy;
informing both complainants and respondents of the procedures contained in this policy and of their rights under the law; and
regularly reviewing the terms of this policy to ensure that they adequately meet the organization’s legal obligations and public policy objectives.
16. Every employee and member of Tennis NB has a responsibility to play a part in ensuring that the Tennis NB sport environment is free from abuse, by complying with this policy.
17. In the event that a member of the Board of Tennis NB is involved in a complaint, which is made under this policy, Sport NB shall be asked to appoint a suitable alternate for the purpose of dealing with the complaint.
18. Employees or members of Tennis NB against whom a complaint of abuse is substantiated may be severely disciplined, up to and including employment dismissal or termination of membership.
19. Tennis NB understands that it can be extremely difficult to come forward with a complaint of abuse and that it can be devastating to be wrongly convicted of abuse. Tennis NB recognizes the interests of both the complainant and the respondent in keeping the matter confidential.
20. However, abuse allegations must be dealt with in a forthright and fair manner. This includes an obligation to share relevant information with child protection authorities and police, and to be fair to the alleged abuser by providing sufficient information about the allegation that concerns them to enable them to respond properly. In many cases, this will mean that anonymity is not feasible or fair. However, employees and members can be assured that Tennis NB will take all possible steps to preserve confidentiality to the extent reasonably possible. Where information pertaining to allegations is disseminated, the status of the allegations as being allegations only should be articulated.
REPRISALS AND FALSE ALLEGATIONS
21. A person who makes a complaint of abuse, whether under this policy or otherwise, should not be penalized for doing so. For the purposes of this policy, retaliation against an individual
for having filed a complaint or taken any other step under this policy;
for having participated in any procedure under this policy; or
for having been associated with a person who filed a complaint or participated in any procedure under this policy will not be tolerated and will be treated as a disciplinary offence. The person may have their privileges or employment reviewed up to and including termination.
22. The making of false, frivolous or malicious allegations of abuse by another person will likewise be treated as a disciplinary offence. The person may have their privileges or employment reviewed up to and including termination.
PROCEDURES FOR ADDRESSING SUSPECTED CHILD ABUSE
23. The child protection authorities and/or police have prime responsibility for the investigation of allegations of child abuse and neglect. This means that any internal Tennis NB investigation will generally be deferred or modified, pending the completion of a related child protection or police investigation. Tennis NB will work cooperatively with the appropriate child protection authority and police and will share all information relevant to an investigation, to the extent permitted by law.
Receiving a Complaint from a Child
24. An initial disclosure of alleged child abuse must be received and responded to appropriately. Trauma may result from responses that seek to minimize or discount truthful disclosures. Some basic “dos and don’ts” for receiving a child’s disclosure are: