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POLICY
AND PROCEDURES- HARRASSMENT

HARASSMENT
POLICY FOR MEMBERS (Print
Version)
HARASSMENT
POLICY
for
The Membership of the
SASKATCHEWAN HORSE FEDERATION INC.
POLICY STATEMENT
Every member
and employee of the Saskatchewan Horse Federation Inc. has a fundamental
right to an environment free from personal and/or sexual harassment
by other volunteer members or staff of the Federation when pursuing
interests in the sport, recreation and industry of the horse that
are within the jurisdiction of the Federation.
The Saskatchewan
Horse Federation Inc. is committed to providing an equestrian environment
that demonstrates a mutual respect for one another as athletes,
as coaches, as officials, as trainers, as horse owners and as employees,
and is thereby free from harassment.
The Saskatchewan
Horse Federation is dedicated to providing a membership environment
free from harassment on the basis of race, national or ethnic origin,
colour, religion, age, sex, sexual orientation, marital status,
family status, disability or pardoned conviction.
The Board of
Directors and the Disciplinary Committee of the S.H.F. will treat
any official complaint of personal and/or sexual harassment related
to the pursuit of equine activity and committed by a member under
its jurisdiction as a serious matter. Where complaints are substantiated,
members will be subject to appropriate disciplinary measures, up
to and including suspension or the revoking of membership. Volunteer
members will be required to resign their positions with the Board
of Directors and/or committees and will be subject to any other
measures that may be deemed appropriate if they are found to have
committed infractions of the harassment policy. Employees may be
dismissed with just cause if found to have committed infractions
of the harassment policy.
Harassment is
prohibited by the Canadian Charter of Rights and Freedom and by
the Saskatchewan Occupational Health and Safety Act 1993. Harassment
is a form of discrimination.
THE ENVIRONMENT:
For the purposes
of this policy, the environment includes any locale where related
equine sport, recreation or industry events may occur that are within
the jurisdiction of the Saskatchewan Horse Federation and its membership
and staff. This includes business, activities and sanctioned events
related to the membership of the Federation.
EMPLOYMENT:
The Saskatchewan
Horse Federation, whether for paid staff or for volunteer appointed
positions, will not consider candidates for any available positions
who have had at any time an harassment case against them substantiated,
or who have been convicted of assault, sexual assault, or a related
sexual offence.
An approved screening process will be followed for such appointments.
GENERAL MEMBER:
Every member
of the Saskatchewan Horse Federation Inc. has a responsibility to
play a part in ensuring that the Federation environment is free
from harassment. This means not engaging in, allowing, condoning
or ignoring behaviour contrary to this policy.
The Board of
Directors and Committees shall lead the membership through example
and action. They shall be exemplary leaders in providing an environment
free from harassment of any kind.
Prevention and Intervention are key to ensuring all members of their
right to work, train, and enjoy equine pursuits in an environment
free of harassment.
[NOTE: IN THE
FOLLOWING TEXT THE WORD "PERSON" IS TO DESIGNATE ANY MEMBER
OR EMPLOYEE OVER WHOM THE FEDERATION HAS JURISDICTION.]
DESCRIPTIONS
I. PERSONAL
HARASSMENT
DEFINITION:
Harassment is
defined as any improper behaviour (words or actions) by a member/staff
person that is directed at and offensive to any other member or
employee, that the person knew or ought reasonably to have known
would be unwelcome. It is objectionable conduct, comment or display
made on either a one-time or continuous basis that demeans, belittles,
causes personal humiliation or embarrassment to another member or
employee.
Harassment is
offensive, degrading and threatening. In its most extreme forms,
harassment can be an offence under the Criminal Code of Canada.
Harassment is
an attempt by one person to assert abusive, unwarranted power over
another, and may be committed by a director, supervisor, employee,
committee, coach, official, show organizer, volunteer, parent or
other athlete or member.
Examples of
personal harassment include, but are not limited to, the following:
yelling or shouting at a person, intimidating or threatening a person
either openly or by innuendo or hearsay; belittling a person; subjecting
a person to ridicule; discussing a person, his/her performance or
behaviour improperly outside the confines of confidentiality where
that is inappropriate; discriminating against a person in any way
on the basis of race, creed, colour, sex, sexual orientation, marital
status, family status, disability, physical size or weight, age,
nationality, ancestry or place of origin; the use of profanity or
otherwise vulgar comments to a member; or any other form of behaviour
whether verbally or through actions that cause the member to be
demeaned or threatened.
II. SEXUAL
HARASSMENT
DEFINITION:
Sexual harassment
may include only one or may be a series of incidents involving unwelcome
sexual advances, requests (or suggestions of request) for sexual
favours, or other verbal or physical conduct of a sexual nature.
Any person who persists in such behaviour that he or she knows or
should know is unwelcome may be guilty of sexual harassment.
Sexual harassment
may occur to a person when:
· submitting to or rejecting this conduct is used as the
basis for making decisions that affect the individual, or
· such conduct has the purpose or effect of interfering with
a person's performance, or
· such conduct creates an intimidating, hostile or offensive
environment.
III. CRIMINAL
HARASSMENT:
Certain forms
of harassment in the extreme may constitute an offence under the
Criminal Code, and as such are subject to prosecution in the courts.
Examples of
criminal harassment include, but are not limited to:
· Stalking: (called criminal harassment) - causing a person
to fear for his/her safety by repeatedly watching, following, communicating
with, or threatening him/her.
· Uttering threats: verbally threatening to kill someone,
cause serious bodily harm, or damage or destroy someone's property.
· Assault: a person applying intentional force without their
consent to another person, threatening to apply force, or causing
the other person to believe he/she will apply force. Assault has
varying degrees, including assault with a weapon, assault causing
bodily harm, and aggravated assault.
· Sexual Assault: any assault that is committed in circumstances
of a sexual nature that violates the sexual integrity of the victim.
It includes both homosexual and heterosexual contact. It may include
touching parts of the body, words or gestures, use of force or other
threatening methods. Sexual assault does not require proof of sexuality,,
sexual arousal or sexual gratification. It may occur in varying
degrees including sexual assault with a weapon, sexual assault causing
bodily harm, or aggravated sexual assault.
- Sexual interference, invitation or exploitation: includes any
actions involving children under the age of 14 years that relate
to inappropriate touching, enticing the child to perform acts of
sexual touching, or using trust or authority to commit either sexual
interference or sexual invitation against a person who is 14 years
of age but under the age of 18 years. Adults can face criminal charges
when they engage in sexual activity of any type with teenages who
are 14 to 17 years old. (Criminal Code amendment 1992.)
IV. YOUTH
HARASSMENT:
Our youth members
(under 18 years) are entitled to a special guarantee by the Federation.
Any adult member entrusted with the care, supervision, competition,
training and/or education of the youth have a clear duty to provide
for the safety and well being of the youth member.
Any form of
harassment of a youth member of the Federation will not be tolerated.
Any adult member
who upon investigation is found to have committed an act of harassment
against a youth member may be subject to the full extent of the
penalties available to the
hearing panel of the Saskatchewan Horse Federation. Any act that
is in violation of the Criminal Code will be reported promptly to
the authorities.
HARASSMENT
POLICIES AND PROCEDURES
Definition:
1. "Harassment"
means any objectionable conduct, comment or display by a member,
as described fully in the S.H.F. Harassment Policy document, that:
(i) is directed at another member or staff person;
(ii) is made on the basis of race, creed, religion, colour, sex,
sexual orientation, marital status, family status, disability, physical
size or weight, age, nationality, ancestry or place of origin; and
(iii) constitutes a threat to the health or safety or well-being
of the member.
2. Member Right:
Every member and employee is entitled to an environment that is
free from harassment.
3. The Federation
Obligation:
The Saskatchewan Horse Federation will uphold all members' rights
to freedom from harassment within the jurisdiction of the sanctioned
activities of membership.
4. The Member
Obligation:
No member shall cause or participate in the harassment of another
volunteer or staff member.
5. Coach/Athlete
Sexual Relations:
The Saskatchewan Horse Federation takes the view that intimate sexual
relationships between coaches and adult athletes, while not against
the law, may have harmful effects on the individual athlete involved,
on other athletes and coaches and on the S.H.F. public image. The
S.H.F. therefore regards such relationships as unacceptable for
coaches who occupy positions of trust with young adult athletes
in particular. Any form of confirmed sexual or personal harassment
made by a coach to a person of any age will not be tolerated. No
coach with any history of confirmed sexual harassment or assault
will be eligible for any position with the S.H.F.
New coaches and new appointed positions will be subject to an approved
screening process.
5. Harassment
Officers:
The Saskatchewan Horse Federation shall appoint two persons, one
male and one female, who are themselves members or employees of
the Federation, to serve as officers under this policy. The officers
will be neutral and unbiased, and will receive complaints and investigate
formal written complaints of harassment. The officers will report
directly to the President or his/her appointee.
The Harassment
Officers are:
2003:
(M) Murray Acton
(F) Connie Dorsch
6. RESPONSIBILITY:
The S.H.F. Directors: Murray Acton and Connie Dorch, are responsible
for the implementation of this policy. Where either of these individuals
are personally involved in a complaint made under this policy, the
President shall assume full responsibility for initiating the inquiry
and may appoint alternate, suitable individuals to assist in dealing
with the complaint.
HARASSMENT
POLICY - EDUCATION AND AWARENESS
· Resource
materials available to all members through utilization of the SSI
collection of related items will be made aware to educate parents,
coaches, athletes, volunteers and member clubs about the many issues
on harassment.
· Direct
education of Individual members and of Club members regarding the
current Harassment Policy and Code of Ethics of the Saskatchewan
Horse Federation to include:
* Summary page
of SHF Harassment Policy and Code of Ethics to each Individual and
competitor member of the Saskatchewan Horse Federation.
* Summary page of SHF Harassment Policy and Code of Ethics to every
new Individual member of the Saskatchewan Horse Federation. ongoing.
* SHF annual Membership card to contain pledge by member of their
agreement to follow SHF policies and ethics. January 1998 onwards.
* Presentation of harassment policy during the Annual general meeting
of the Saskatchewan Horse Federation. March 1998.
* Distribution of S.H.F. Harassment policy to all Corporate Member
clubs of the Saskatchewan Horse Federation. January 1998.
* Distribution of S.H.F. Harassment policy and Code of Ethics to
all coaches involved with the Coaching certification program. February
1998.
COMMUNICATIONS
STRATEGIES
· Show Trail Magazine: Use of the provincial newsmagazine
will contain pertinent articles relating to issues of harassment
and code of ethics that will inform and educate all members of the
Saskatchewan Horse Federation. ongoing.
· SHF ONLINE: The internet site of the Saskatchewan Horse
Federation will be updated to include the Harassment Policy and
Code of Ethics of the Saskatchewan Horse Federation. Internet Links
as supplied through Sask Sport to be added to site.
ongoing.
· Speakers bureau. A speakers list will be prepared and available
to member organizations for use at their upcoming events, when requested.
ongoing.
· Direct mail: Annual regular mailouts; awareness materials
from SSI available to all Corporate member clubs and individual
members - special focus on youth clubs.
ongoing.
COMPLAINT
PROCEDURES
1. Members are
encouraged to address alleged incidents of harassment with the perpetrator
to make it known that the behaviour is unwelcome and contrary to
the S.H.F. policy, and must stop.
2. Where circumstances prevent a member from taking action, or the
action taken is unsuccessful, the member should report the alleged
harassment to the Executive Director of the Federation for further
action. Should the circumstances include the Executive Director
personally in the alleged offense, the member should report the
incident directly to the President of the Federation.
3. The Executive Director will immediately report to the Management
Committee of the Federation for further investigation and action.
[PRESIDENT, V.P. ADMIN, EX. DIRECTOR.]
4. The Management Committee will review the matter and instruct
the Harassment Officer to further the confidential investigative
process.
5. The Harassment Officer will follow accepted procedures under
the Procedures for Investigating Complaints as outlined in Harassment
in Sport: A Guide to Policies, Procedures and Resources, p. 23-26.
6. As soon as possible after undertaking the confidential investigation,
the Harassment Officer will submit a report to the Executive Director
and the Management Committee with all documentation that has been
filed along with a recommendation for further actions in the matter.
7. Should the matter warrant such, a formal complaint shall be filed
and the President will appoint a Formal Review Panel to conduct
a hearing into the matter. The Panel shall consist of three voting
members of the Federation, with at least one female and one male
member. The Hearing will take place within 21 days of the appointment
of the Panel. The panel members shall have no conflict of interest
in the matter of the complaint. The President may appoint non-voting,
ad-hoc members to the panel to serve in an advisory capacity if
this is deemed to be helpful to the panel.
8. Conduct of the hearing and the findings of the Formal Review
Panel shall be in accordance with Harassment in Sport: p. 25-26.
RESOLUTION
AND CORRECTIVE ACTION:
Where harassment
has been substantiated, the Formal Review Panel will take appropriate
corrective action to resolve the complaint in accordance with the
policies, procedures and guidelines of the Federation and of all
provincial and federal laws. Penalties may be assessed.
(i) Where harassment
has been substantiated and it involves the actions of a volunteer
member, that member can be requested to voluntarily resign his/her
position with the Federation.
Saskatchewan
Horse Federation Inc.
[Complaint procedures, cont'd.]
(ii) Should
such a volunteer refuse to resign voluntarily, the Panel may recommend
suspension or cancellation of membership to the President and the
Board of Directors. The Panel will require a suspension of membership
for a period to be determined as suitable for the circumstances
of the harassment, and any other sanctions the Panel finds appropriate
for the circumstances in the
case. A confidential case file of the matter will be kept for a
period of up to ten years in the membership file of the respondent.
(iii) Where
harassment has been substantiated and it involves an employee of
the Federation, that individual can be dismissed from employment
with just cause.
Where harassment
has not been substantiated, no action will be taken against a member
who has made a complaint in good faith.
Where harassment
charges have been found by the Formal Review Panel to be allegations
that are false, vexatious, retaliatory or unfounded in truth (ie.
not made in good faith), their report shall recommend disciplinary
action against the complainant.
APPEALS:
1. Both the
complainant and respondent shall have the right to appeal the decision
and recommendations of the Formal Review Panel.
2. A notice of intention to appeal, along with the grounds for the
appeal, must be provided to the chairperson of the Formal Review
Panel within 14 days of the complainant or respondent receiving
the panel's report.
Grounds for
appeal are: a) the panel did not follow the procedures as laid out
in the policy,
b) members of the panel were influenced by bias,
c) the panel reached a decision that was grossly unfair or unreasonable.
Appeal body:
Three independant voting members of the Federation will be appointed
by the President to hear the appeal. It may: (i) uphold the decision
of the panel; (ii) reverse the decision of the panel; and/or (iii)
modify any of the panel's recommendations for disciplinary action
or remedial measures.
The decision
of the appeal body shall be final.
The President shall assume full responsibility for actions of the
Federation under this program.
REVIEW AND
APPROVAL:
This policy
was reviewed and approved by the Board of Directors of the Saskatchewan
Horse Federation on:
MONDAY, NOVEMBER
17, 1997.
Signed:
Connie
Dorsch, President. John W. Campbell, Past President.
Saskatchewan Horse Federation
SCREENING
PROCESS
1. Job Descriptions:
A detailed "job description" for both appointed and paid
positions that involve power and/or trust with children or members
deemed at risk, of the Saskatchewan Horse Federation. will outline
tasks, responsibilities, qualifications and specific activities.
Also included will be the requirement for consent to a police personal
reference check.
The Job Advertisement:
The advertisement should be as precise as possible, outlining the
need for an application form to be completed, the need for consent
to a police personal reference check and reference check. (Child
abusers tend to avoid organizations that insist on detailing screening
and strict workplace policies.)
The Application
Form: The form will give consistent information on all applicants.
It may ask for educational status, work experience with children,
both paid and volunteer, reasons for leaving employment or volunteer
positions, professional memberships (or other), and driver's license
information. False or misleading information given by applicants
may prevent them from being hired, or if discovered later, will
be cause for dismissal or disciplinary action.
2. The Personal
Interview: All positions will involve a personal interview for the
position with all candidates for the position, given by an individual
designated by the Board of Directors. In the case of paid employees,
the Executive Director will normally conduct the interview. In the
case of volunteer appointees to program positions, the Board of
Directors will specifically designate the individual(s) responsible
for the personal interview process.
3. Police Personal
Reference check: Certain positions, due to their sensitive nature,
will require a police reference check to be undertaken and paid
for by the individual candidates for the positions and to be submitted
to the indicated person prior to the personal interview procedure.
- The Police Personal Reference check is to be considered Highly
Confidential and will not be available to be read by any person
other than one person so designated for that duty by the Board.
- Positions requiring this check will include:
a) Persons who will assume positions of power or trust over another
member of the Federation and will include, but not be limited, to
the following:
i) Executive Director,
ii) Coaching programs - prior to achieving status as coach or course
conductor,
iii) Chair, Officials committee.
b) This policy
is not retroactive, but those so wishing may submit a reference
check to the committee if they wish.
c) The individual
receiving the reference checks for the S.H.F. will review the same
and report the results, ie. acceptable or not acceptable, to the
appropriate committee. The report will then be either destroyed
or returned to the candidate, at the direction of the candidate.
Unfavorable
police personal reference check:
1. SHF person will notify the candidate that an unfavorable reference
check has been received.
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