HARASSMENT POLICY Board Policy Section Board Policy Number Board Policy Sub-section Approval/Revision Signature and Title Board Policy Name # of Pages Approval/Revision Date March 5, 2014 First Effective Date March 5, 2014 HARASSMENT POLICY 1.0 PREAMBLE/PURPOSE SPORT4ONTARIO is committed to providing a sport and work environment in which all individuals are treated with respect and dignity, and are free from harassment on any basis. Each individual has the right to participate and work in an environment which promotes equal opportunities and prohibits discriminatory practices. Accordingly, SPORT4ONTARIO will not tolerate any form of harassment of or by an employee, volunteer, or program participant, whether supervisory or nonsupervisory, or by third parties such as vendors or clients, based on race, sex, sexuality, religion, color, national origin, age, ability, or any other factors protected by law. Harassment is prohibited by the Canadian Charter of Rights and Freedoms 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 offence under Canada’s Criminal Code 1. This policy applies to all employees, volunteers, board members, members, participants, coaches, officials, parents, and athletes of SPORT4ONTARIO and its programs. SPORT4ONTARIO encourages the reporting of all incidents of harassment, regardless of who the offender may be. 2. This policy will be posted and distributed to all employees, and volunteers, and will be made clear to all program participants. 3. This policy applies to harassment which may occur in the SPORT4ONTARIOworkplace, in any work related activity, in any of the employment or recruitment practices of SPORT4ONTARIO or in any SPORT4ONTARIO sanctioned programs or services. 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. Approved by BOD March 5, 2014 2.0 DEFINITIONS/ACRONYMS The term “harassment” for all purposes includes, but is not limited to, offensive language, jokes, or other verbal, graphic, or physical conduct relating to an employee, volunteer or participant’s race, sex, sexuality, religion, color, national origin, age, ability, or any other factors protected by law 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 conduct including touching, petting, pinching or kissing; Unwelcome sexual flirtations, whistling, advances, innuendoes, requests, or invitations; or Physical or sexual assault. For the purposes of this policy, we will define sexual harassment as any unwelcome or unwanted sexual attention, sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, or other offensive behavior directed toward an employee, volunteer, or participant because of or on account of his or her gender, whether by a person of the opposite or same gender, 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 Both the victim and the perpetrator of sexual harassment may be male or female, and the victim does not have to be of the opposite sex. SPORT4ONTARIO regards all such conduct as creating a hostile and offensive work environment in violation of this policy, regardless of whether submission to such conduct is made either explicitly or implicitly a term or condition of employment, or participation. 4.0 KEY WORDS: Harassment, Sexual Harassment 5.0 POLICY SPORT4ONTARIO believes that everyone has the right to be in an environment free from harassment. Accordingly, we strive to ensure a workplace characterized by mutual respect. Harassment of any kind, including sexual harassment, will not be tolerated under any circumstances. 6.0 PROCEDURES Approved by BOD March 5, 2014 Complaint Procedure An employee who alleges that he or she is the victim of sexual harassment, or an employee who has knowledge of, or an employee who has witnessed any form of sexual harassment should bring the subject to the attention of their supervisor or the chief executive immediately. If there is a legitimate reason that the victim is uncomfortable reporting the matter to the chief executive, the employee should alert the board chair of SPORT4ONTARIO. After making the complaint known to the proper person at SPORT4ONTARIO, an employee also has the legal right to file a complaint with another outside agency. After a complaint has been received, an investigation will be conducted. Both the complainant and the alleged harasser will be interviewed, as well as any witnesses. All employees must cooperate with the investigation. Depending on the complexities of the investigation, all parties involved should be informed of the status of the complaint as promptly as possible, consistent with conducting a thorough investigation. Confidentiality SPORT4ONTARIO will maintain the confidentiality of the complainant, the accused, and the witnesses to the extent possible under the circumstances. SPORT4ONTARIO cannot promise absolute confidentiality, but pledges to conduct the investigation on a need-to-know basis. Only those who must know about the complaint and the identity of the complainant will be made aware of and have access to that information. Disciplinary Action If management finds that the alleged harasser violated company policy, it will take the proper disciplinary action. Such actions include but are not limited to verbal/written reprimand, suspension, and dismissal. The seriousness of the violation, the existence and nature of prior sexual harassment complaints and/or policy breaches, and the wishes of the accuser, as well as other considerations, will be taken into account when determining disciplinary action. Retaliation against any party involved — the accused, accuser, witnesses, and investigators — will not be tolerated. Employees who violate SPORT4ONTARIO’s no-retaliation policy will be disciplined or terminated. If the complaint is found to be false, disciplinary actions will be taken against the accuser. If the complaint is unresolved, no disciplinary actions will be taken against either the accuser or the accused. No retaliation against either party or any witness will be tolerated. Employees who do not cooperate in investigations, such as witnesses who refuse to provide information, will be subject to disciplinary action. 7.0 CONGRUENCE WITH LEGISLATION, RELATED POLICIES and PROCEDURES 8.0 ACKNOWLEDGEMENT This policy is adapted from the Nonprofit Policy Sampler and Basketball Ontario 9.0 REVIEW 10.0 ACCOUNTABILITIES 10.1 RESPONSIBILITY SPORT4ONTARIO, through the Board of Directors, is responsible for the implementation of this policy. In addition the above will be responsible for: Approved by BOD March 5, 2014 Discouraging and preventing harassment within any SPORT4ONTARIO programs and services; 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; supporting and assisting any employee or member of SPORT4ONTARIO who experience harassment by someone who is not an employee or member of SPORT4ONTARIO; making all members and employees of SPORT4ONTARIO aware of the problem of harassment, and in particular sexual harassment, and of the procedures contained in this policy; informing both complainants and respondents of the procedures contained in this policy and their rights under the law; annually 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 fulfil their responsibilities under this policy; and appointing unbiased case review panels and appeal bodies and providing the resources and support they need to fulfil their responsibilities under this policy It is the responsibility of the person charged HR responsibilities and with onboarding of new staff to distribute this policy and ensure it is read by all existing and future employees, volunteers and representatives of SPORT4ONTARIO. 10.2 IMPLEMENTATION PLAN This policy will be implemented following BoD approval, and will be distributed to all SPORT4ONTARIO existing and new employees, and volunteers. Employees and volunteers will be asked if they understand the policy, and may be asked a number of questions to test their understanding of the policy. 10.3 TRAINING PLAN There is no training plan associated with this policy at the present time. 10.4 COMPLIANCE Consequences of non-compliance with this policy are described in the “Procedures” section of this policy. 10.5 EFFECTIVENESS OF THIS POLICY Post –incident, any complainant will be asked to review this policy and evaluate its effectiveness. Employees will also be asked to evaluate this policy during their exit interview. Any feedback from this process will be incorporated into future revisions of this policy. 11.0 FORMS 12.0 APPENDICES 12.1 History of Policy Adoption and Revision Approved by BOD March 5, 2014