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.