Schedule A
HIGH FIVE® Policies and Procedures
TABLE OF CONTENTS
a) Definitions………………………...………………………………………………………….. 2
b) Commitment to Children Policy………………………………………………………….. 3
c) Code of Conduct and Ethics…………………………………………………………….….4
d) Discipline and Complaints Policy….………………………………………………………6
e) Appeal Policy……………………….…………………………………………………….…..12
f) Dispute Resolution Policy……….…………………………………………………………16
g) Confidentiality Policy….…………………………………………………………………….17
h) Conflict of Interest Policy………………………………………………………...…………18
i)
Sponsorship Policy……………………………………………………..…………………....20
j)
Communications & Logo Policy………………………………………….………………..22
HIGH FIVE® A quality standard of children’s sport and recreation
Founded by Parks and Recreation Ontario
January 11, 2012
HIGH FIVE® Policies and Procedures
DEFINITIONS
1. The following terms will have these meanings in the HIGH FIVE® Policies and Procedures:
a) “Appellant”- The party appealing a decision.
b) “Authorized Provider” - The Provincial/Territorial association, licensed by PRO, for the
management, operations, communications and implementation of the Standard using HIGH
FIVE® tools and resources to improve the quality of their programs and philosophies relating
to children. Hereinafter “(NWT Recreation and Parks Association)”
c) “Conflict of Interest” – A real or seeming incompatibility between one’s private interests and
one’s public or fiduciary duties.
d) “Days” – Days irrespective of weekend and holidays.
e) “HIGH FIVE®” – A proprietary standard owned by Parks and Recreation Ontario designed to
support the safety, well-being and healthy development of children in recreation and sport
programs.
f)
“HIGH FIVE® National” - A division of PRO responsible for the national management,
operations, communications and implementation of HIGH FIVE® across Canada.
g) “Materials” - All HIGH FIVE® communications, including without limitation, letters, e-mails,
websites, business cards, promotional items, posters, advertisements, clothing, pictures, or
videos using HIGH FIVE® Intellectual Property.
h) “Non-Pecuniary Interest” - Family relationships, friendships, volunteer positions in
associations or other interests that do not involve the potential for financial gain or loss.
i)
“Pecuniary Interest” - An interest that an individual may have in a matter because of the
reasonable likelihood or expectation of financial gain or loss for that individual, or another
person with whom that individual is associated.
j)
“Perceived Conflict of Interest” – A perception by an informed person that a conflict of
interest exists or may exist.
k) “PRO” – Parks and Recreation Ontario.
l)
“Respondent” - The party whose decision is being appealed.
m) “Stakeholder”- Trainers, Umbrella Organizations, Academic Institutions, Registered
Organizations and Accredited Organizations within HIGH FIVE® (Northwest Territories), as
well as individuals volunteering or engaged in activities with HIGH FIVE® (Northwest
Territories)
n) “Standard” – A proprietary standard owned by Parks and Recreation Ontario called HIGH
FIVE® designed to support the safety, well-being and healthy development of children in
recreation and sport programs.
HIGH FIVE® A quality standard of children’s sport and recreation
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HIGH FIVE® Policies and Procedures
HIGH FIVE® COMMITMENT TO CHILDREN POLICY
Purpose
1. The purpose of this policy is to ensure HIGH FIVE® supports the healthy development of children
in recreation and sport by making all Stakeholders aware that there is an expectation to fulfill
their obligation at all times consistent with those of this HIGH FIVE® Commitment to Children
Policy.
Application of this Policy
2. This Policy applies to all Stakeholders as defined in the Definitions.
Responsibilities
3. All Stakeholders have a responsibility to ensure:
a) Environments for children will be:
 Secure, safe and stable;
 Caring;
 Stimulating;
 Challenging;
 Considerate of personal space needs and special needs;
 Equipped with age, size and ability-appropriate equipment, furniture and materials; and
 Welcoming to all sexes, races, cultures and abilities.
b) Activities for children will:
 Allow for a combination of self-directed and leader-directed activities;
 Provide children with opportunities for input, involvement and choice;
 Reflect both assessed and expressed needs;
 Provide opportunities for active participation and reflection;
 Encourage co-operation and friendship;
 Incorporate varied learning styles and developmental stages;
 Recognize uniqueness and encourage mastery; and
 Value and incorporate cultural, racial and linguistic diversity.
c) Course instructors and Leaders will:
 Ensure all children are treated with respect, honesty and trust;
 Recognize and accept children’s individual needs and circumstances;
 Employ positive behavior management methods;
 Help children value and celebrate diversity in the community;
 Consistently model appropriate behavior; and
 Continually evaluate the program and their leadership to ensure improvements and
reflect changing needs.
d) Organizations will:
 Encourage and support the ongoing development of staff and volunteers with regard to
their knowledge and understanding of healthy child development;
 Ensure clear and on-going communication with parents and families;
 Encourage participation and input from children and families; and
 Provide the organizational supports necessary to ensure that children feel safe,
welcome, competent, connected, empowered and special.
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HIGH FIVE® Policies and Procedures
HIGH FIVE® CODE OF CONDUCT AND ETHICS
Purpose
1. The purpose of this Code of Conduct and Ethics is to ensure a safe and positive
environment within the Authorized Provider’s HIGH FIVE® trainings, activities and events, by
making all individuals aware that there is an expectation of appropriate behavior at all times.
Application of this Policy
2. This Policy applies to all Stakeholders relating to conduct that may arise during the course
of the Authorized Provider’s business, activities and events associated with HIGH FIVE®
including but not limited to, office environment, trainings, and any meetings.
3. This Policy applies to conduct that may occur outside of the Authorized Provider’s business,
activities and events associated with HIGH FIVE® when such conduct adversely affects
relationships within or with Stakeholders and is detrimental to the image and reputation of
HIGH FIVE®.
Code of Conduct
4. The principles of HIGH FIVE® require a commitment of Stakeholders to provide an
environment, in which all individuals are treated with respect, supports equal opportunity
and prohibits discriminatory practices. Stakeholders are expected to conduct themselves at
all times in a manner consistent with the values of HIGH FIVE® that include fairness,
integrity, open communication and mutual respect.
5. Conduct that violates this Code of Conduct and Ethics may be subject to disciplinary
measures pursuant to HIGH FIVE®’s policies related to discipline and complaints.
Responsibilities
6. All Stakeholders have a responsibility to:
a) Commit to quality assurance services and programming for children.
b) Work to achieve and maintain high quality programs and services thereby ensuring the
benefits of sport and recreation are achieved.
c) Maintain and enhance the dignity and self-esteem of Stakeholders and other HIGH
FIVE® participants by:
i. Demonstrating respect to individuals regardless of body type, physical
characteristics, athletic ability, gender, ancestry, color, ethnic or racial origin,
nationality, national origin, sexual orientation, age, marital status, religion, religious
belief, political belief, disability or economic status;
ii. Focusing comments or criticism appropriately and avoiding public criticism of the
Standard and Stakeholders, participants, volunteers and employees;
iii. Consistently demonstrating the spirit of sportsmanship, leadership and ethical
conduct;
iv. Acting, when appropriate, to prevent or correct practices that are unjustly
discriminatory;
v. Consistently treating individuals fairly and reasonably;
vi. Ensuring that the Policies, Principles and Guidelines of HIGH FIVE® are adhered to.
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HIGH FIVE® Policies and Procedures
d) Refrain from any behavior that constitutes harassment, where harassment is defined as
comment or conduct directed towards an individual or group, which is offensive, abusive,
racist, sexist, degrading or malicious. Types of behavior that constitute harassment
include, but are not limited to:
i. Written or verbal abuse, threats or outbursts;
ii. The display of visual material which is offensive or which one ought to know is
offensive;
iii. Unwelcome remarks, jokes, comments, innuendos or taunts about a person’s looks,
body, attire, age, race, religion, sex or sexual orientation;
iv. Leering or other suggestive or obscene gestures;
v. Condescending or patronizing behavior which is intended to undermine self-esteem,
diminish performance or adversely affect working conditions;
vi. Practical jokes which cause awkwardness or embarrassment, endanger a person’s
safety or negatively affect performance;
vii. Any form of hazing;
viii. Unwanted physical contact including touching, petting, pinching or kissing;
ix. Physical assault;
x. Behaviors such as those described above that are not directed towards individuals or
groups but have the same effect of creating a negative or hostile environment; or
xi. Retaliation or threats of retaliation against an individual who reports harassment.
e) Refrain from any behavior that constitutes sexual harassment, where sexual harassment
is defined as unwelcome sexual comments and sexual advances, requests for sexual
favors, or conduct of a sexual nature. Types of behavior that constitute sexual
harassment include, but are not limited to:
i. The display of visual material which is offensive or which one ought to know is
offensive;
ii. Sexist jokes;
iii. Display of sexually offensive material;
iv. Sexually degrading words used to describe a person;
v. Inquiries or comments about a person’s sex life;
vi. Unwelcome sexual flirtations, advances or propositions;
vii. Persistent unwanted contact;
viii. Sexual assault.
f)
Refrain from the use of power or authority in an attempt to coerce another person to
engage in inappropriate activities.
g) Refrain from the use and possession of illegal drugs.
h) In the case of adults, avoid consuming alcohol in situations where minors are present,
and take reasonable steps to manage the responsible consumption of alcoholic
beverages in adult-oriented social situations associated with the Authorized Provider’s
HIGH FIVE® events.
i)
Respect the property of others and not willfully cause damage.
j)
Comply at all times with the Policies, Principles and Guidelines of HIGH FIVE®, as
adopted and amended from time to time.
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HIGH FIVE® Policies and Procedures
DISCIPLINE AND COMPLAINTS POLICY
Policy Statement
1. The principles of HIGH FIVE® require a commitment of Stakeholders to provide an
environment, which is characterized by the value of fairness, integrity, open communication
and mutual respect. Participation in the Authorized Provider’s HIGH FIVE® activities brings
with it many benefits and privileges. At the same time, Stakeholders are expected to fulfill
certain responsibilities and obligations including, but not limited to, complying with the
Policies, Principles and Guidelines of HIGH FIVE®, specifically the Code of Conduct and
Ethics of HIGH FIVE®.
Application of this Policy
2. This Policy applies to all Stakeholders as defined in the Definitions.
3. This Policy only applies to discipline matters that may arise during the course of the
Authorized Provider’s HIGH FIVE® business, activities and events, including but not limited
to, trainings, activities, events and meetings unless determined otherwise by the Authorized
Provider’ in its sole discretion.
Reporting a Complaint
4. Any individual may report any complaint to the head office of the Authorized Provider by
submitting an Incident Report attached hereto, or any written complaint. Such complaint
must be signed and in writing, and must be filed within thirty (30) days of the alleged
incident.
5. Anonymous complaints and complaints filed beyond the thirty (30) day requirement may be
accepted upon the sole discretion of the Authorized Provider and this decision may not be
appealed.
6. Upon receiving a complaint, the Authorized Provider’s Manager, or designate, will:
a) Notify the applicable Authorized Provider, if any.
b) Determine whether the complaint is to be managed within the jurisdiction of the
Authorized Provider or to be referred to HIGH FIVE® National; and
c) Determine whether the complaint is legitimate within fourteen (14) days of receiving it. If
the Authorized Provider’s Manager, or designate, determines the complaint is not
legitimate, the complaint will be dismissed immediately.
7. If a complaint is determined by the Authorized Provider’s Manager, or designate, to be
legitimate, the complaint will be designated as a minor infraction, as defined in paragraph
11, or a major infraction, as defined in paragraphs 16 and 17, and dealt with according to
the appropriate sections of this Policy. It will be at the sole discretion of the Authorized
Provider’s Manager, or designate, to determine whether a complaint is to be dealt with as a
major or minor infraction. This decision is not appealable.
8. If the incident is to be dealt with as a minor infraction, the Authorized Provider’s Manager, or
designate, will inform the alleged offender, and the matter will be dealt with according to the
section relating to minor infractions.
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Founded by Parks and Recreation Ontario
January 11, 2012
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HIGH FIVE® Policies and Procedures
9. If the incident is to be dealt with as a major infraction and if the Authorized Provider’s
Manager, or designate, determines that a hearing is required, the alleged offender will be
notified as quickly as possible and the matter will be dealt with according to the section
relating to major infractions.
10. This Policy does not prevent an appropriate person or Stakeholder having authority from
taking immediate, informal or corrective action in response to behavior that constitutes either
a minor or major infraction provided that the individual being disciplined is told the nature of
the infraction and has an opportunity to provide information concerning the incident. Further
sanctions may be applied in accordance with the procedures set out in this Policy.
Minor Infractions
11. Examples of minor infractions include, but are not limited to:
a) Disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards
others;
b) Conduct contrary to the ideals of respect such as angry outbursts or argument; and
c) Non-compliance with the Policies, Principles and Guidelines of HIGH FIVE® under which
HIGH FIVE® is governed.
12. All disciplinary situations involving minor infractions occurring will be dealt with by the
Authorized Provider’s Manager.
13. Procedures for dealing with minor infractions will be determined at the discretion of the
Authorized Provider’s Manager and will be informal as compared to those for major
infractions. At minimum, the individual being disciplined will be told the nature of the
infraction and will be provided an opportunity to provide information concerning the incident.
14. Sanctions for minor infractions, which may be applied singly or in combination, include the
following:
a)
b)
c)
d)
e)
f)
g)
Verbal or written reprimand which may be placed in the individual’s file;
Verbal or written apology;
Service or other voluntary contribution to HIGH FIVE® and/or the Authorized Provider;
Retraining;
Suspension from the current training, activity or event;
Any other sanction considered appropriate for the offense; or
Determination the infraction is dealt with as a major infraction.
15. Minor infractions that result in discipline will be recorded and maintained by the Authorized
Provider. Repeat minor infractions may result in further such incident being considered a
major infraction.
Major Infractions
16. Major infractions are instances of misconduct that result, or have the potential to result, in
physical or emotional harm to other persons or to HIGH FIVE®.
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HIGH FIVE® Policies and Procedures
17. Examples of major infractions include, but are not limited to:
a) Repeated incidents of disrespectful, offensive, abusive, racist or sexist comments or
behavior directed towards others;
b) Repeated conduct contrary to the ideals of respect such as angry outbursts or argument;
c) Repeated incidents of being late for or absent from Authorized Provider or HIGH FIVE®
events activities at which attendance is expected or required;
d) Incidents of physical abuse;
e) Pranks, jokes or other activities that endanger the safety of others;
f) Disregard for the Policies, Principles and Guidelines of HIGH FIVE® under which HIGH
FIVE® training, events and programs are conducted;
g) Conduct which results in harm to the image, credibility or reputation of HIGH FIVE®
and/or its’ sponsors;
h) Abusive use of alcohol where abuse means a level of consumption that 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;
i) Any use or possession of illicit drugs and narcotics;
j) Physical or emotional harm.
18. Major infractions may be dealt with immediately, if necessary, by a HIGH FIVE® or
Authorized Provider person in authority, provided the individual being disciplined is told the
nature of the infraction and has an opportunity to provide information concerning the
incident. In such situations, disciplinary sanctions will be for the duration of the training,
program or event only. Further sanctions may be applied but only after review of the matter
in accordance with the procedures set out in this Policy. This review does not replace the
appeal provisions of this Policy.
Discipline Panel and Hearing
19. Within twenty-one (21) days of notifying the respondent of a complaint of a major infraction,
the Authorized Provider’s Manager, or designate, will appoint one to three individuals to
serve as a Discipline Panel (“Panel”).
20. Members of the Panel will have no significant relationship with the complainant and
respondent; will have had no involvement with the alleged infraction; and will be free from
any other bias or conflict of interest.
21. The Panel will hold the hearing as soon as possible, but not more than thirty (30) days after
being appointed.
22. Having regard to the nature of the discipline matter and the potential consequences of any
resulting sanctions, the Panel will decide to conduct the hearing by way of review of
documentary evidence or by way of oral hearing. If the Panel decides to conduct an oral
hearing, it may decide to do so in-person or by means of telephone conference.
Documentary Review
23. Where the Panel has determined that the appeal will be held by way of documentary
submissions, the Panel will govern the hearing fairly and as it sees fit, provided that:
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HIGH FIVE® Policies and Procedures
a) All parties are given a reasonable opportunity to provide written submissions to the
Panel, to review written submissions of the other parties, and to provide written rebuttal
and argument; and
b) The applicable principles and timelines set out by the Panel are respected.
Oral Hearing
24. Where the Panel has determined that the appeal will be held by way of oral hearing, the
Panel will govern the hearing fairly and as it sees fit, provided that:
a) The affected parties will be given five (5) days written notice of the day, time and place
of the hearing;
b) The affected parties will be provided copies of all evidence to be relied upon;
c) Decisions will be by majority vote;
d) Panel members will refrain from communicating with the parties except in the presence
of, or copy to, the other parties;
e) The individual being disciplined may be accompanied by a representative;
f) The individual being disciplined will have the right to present evidence and argument;
g) Any party potentially affected by the matter, including HIGH FIVE® National, may be
made party to the hearing by the Panel;
h) The Panel may request that any witness be present at the hearing or submit written
evidence in advance of the hearing;
i) If the individual being disciplined chooses not to participate in the hearing, the hearing
will nonetheless proceed;
j) The hearing will be held in camera (private) and may be held via teleconference;
k) Each party will bear their own costs;
l) Once appointed, the Panel will have the authority to abridge or extend timelines
associated with any aspect of the hearing.
25. After hearing the matter, the Panel will determine whether or not the individual will be
disciplined, and if so, will determine the appropriate penalty to be imposed and any
measures to mitigate the harm suffered by others as a result. The Panel's written decision,
with reasons, will be considered a matter of public record and distributed to all parties, the
Authorized Provider and HIGH FIVE® National, within twenty-one (21) days of the conclusion
of the hearing.
26. Where the individual acknowledges the facts of the incident, he or she may waive the
hearing, in which case the Panel will determine the appropriate disciplinary sanction. The
Panel may hold a hearing for the purpose of determining an appropriate sanction.
Sanctions
27. The Panel may apply the following disciplinary sanctions singly or in combination, for major
infractions:
a)
b)
c)
d)
e)
Written reprimand to be placed in the individual’s file;
Written apology;
Removal of certain privileges;
Retraining;
Suspension from certain Authorized Provider and/or HIGH FIVE® programs, events
and/or activities;
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HIGH FIVE® Policies and Procedures
Suspension from all Authorized Provider and/or HIGH FIVE® activities for a designated
period of time;
g) Expulsion from the Authorized Provider and HIGH FIVE®;
h) Publication of the Panel’s decision;
i) Other sanctions as may be considered appropriate for the offense.
f)
28. Unless the Panel decides otherwise, any disciplinary measures will commence immediately.
Failure to comply as determined by the Panel will result in automatic suspension within the
Authorized Provider and HIGH FIVE® until such time as compliance occurs.
29. A written record will be maintained by HIGH FIVE® National and the applicable Authorized
Provider at its head office for major infractions that result in disciplinary measures.
Serious Infractions
30. The Authorized Provider Manager, or designate, may determine that an alleged incident is
of such seriousness as to warrant suspension of the individual pending a hearing and a
decision of the Panel.
31. Where it is brought to the attention of the Authorized Provider Manager, or designate, that a
Stakeholder has been charged with an offence under the Criminal Code, or has previously
been convicted of a criminal offence, the Authorized Provider Manager, or designate, may
suspend the Authorized Provider pending further investigation, a hearing, or completion of
the criminal proceedings.
32. Notwithstanding the procedures set out in this Policy, any HIGH FIVE® Stakeholder who is
convicted of a criminal offense involving sexual exploitation, invitation to sexual touching,
sexual interference, sexual assault or aggravated assault will face automatic suspension
from participating in any activities of the Authorized Provider and HIGH FIVE® for a period of
time corresponding to the length of the criminal sentence imposed by the court, and may
face further disciplinary action by the Authorized Provider and/or HIGH FIVE® National.
Timelines
33. If the circumstances of the complaint are such that this policy will not allow a timely
conclusion, or if the circumstances of the complaint are such the complaint cannot be
concluded within the timelines dictated in this policy, the Panel may direct that these
timelines be revised.
Appeals Procedure
34. The decision of the Panel may be appealed in accordance with the Authorized Provider’s
Appeal Policy.
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HIGH FIVE® Policies and Procedures
INCIDENT REPORT
Date and time of incident: ______________________________________________________
Name of writer: _____________________________ Position: _________________________
Location of Incident: __________________________________________________________
Event: ______________________________________________________________________
Individual(s) involved in the incident:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Objective description of the incident (please be concise, accurate and non-judgmental):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Names of individuals who observed the incident:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Disciplinary action that was taken (if applicable):
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Signature of writer: _________________________________ Date: _________________
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HIGH FIVE® Policies and Procedures
NATIONAL APPEAL POLICY
Purpose
1. The principles of HIGH FIVE® require a commitment from Stakeholders to provide an
environment in which all Stakeholders are treated with respect. Irresponsible behaviour by
Stakeholders can result in severe damage to the integrity to the Authorized Provider and/or
HIGH FIVE® and to the support of the Authorized Provider and/or HIGH FIVE®. Conduct that
violates these values may be subject to disciplinary measures pursuant to the Discipline and
Complaints Policy. Since disciplinary measures may be applied, it is only fair to provide
Stakeholders with some mechanism to appeal what may appear to be unfair treatment. The
purpose of this Appeal Policy is to enable appeals within the Authorized Provider to be dealt
with fairly, expeditiously and affordably.
Scope and Application of this Policy
2. Any Stakeholder who is directly affected by a decision of an Authorized Provider will have
the right to appeal that decision, provided there are sufficient grounds for the appeal as set
out in Section 6 of this Policy.
3. This Policy will not apply to decisions relating to:
a)
b)
c)
d)
e)
Matters of employment;
Volunteer appointments and the withdrawal or termination of those appointments;
Matters of budgeting and budget implementation;
Matters of operational structure and committees; and
Any decisions made under Paragraphs 5 and 7 of this Policy.
Timing of Appeal
4. HIGH FIVE® Stakeholders who wish to appeal a decision will have fourteen (14) days from
the date on which they received notice of the decision, to submit in writing to the office of the
Authorized Provider the following:
a)
b)
c)
d)
e)
Notice of their intention to appeal;
Grounds for the appeal;
All evidence that supports these grounds;
The remedy or remedies requested, and
A payment of five hundred dollars ($500), which will be refunded if the appeal is
successful.
5. Any party wishing to initiate an appeal beyond the fourteen (14) day period must provide a
written request stating reasons for an exemption to the requirement of Paragraph 4. The
decision to allow, or not allow an appeal outside the 14-day period will be at the sole
discretion of the Authorized Provider Manager (“Manager”), or designate, and may not be
appealed.
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HIGH FIVE® Policies and Procedures
Grounds for Appeal
6. A decision cannot be appealed on its merits alone. An appeal may be heard only if there are
sufficient grounds for appeal. Sufficient grounds include the Respondent:
a) Making a decision for which it did not have authority or jurisdiction as set out in the
approved policies of the Authorized Provider and/or HIGH FIVE®;
b) Making a decision based on a policy that is illegal or contrary to a statutory provision;
c) Failing to follow procedures as set out in the approved policies of the Authorized
Provider and/or HIGH FIVE®; or
d) Making a decision that 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.
Screening of Appeal
7. Within twenty-one (21) days of receiving the notice and grounds of an appeal and the
required fee, the Manager, or designate if the Manager is not available or not able to act in
this capacity because of a conflict of interest or any other reason, will determine whether
there are appropriate grounds for the appeal to proceed as set out in Section 6. The
Manager, or designate, is not to determine if an error has been made but only if the appeal
is based on such an allegation of error by the Respondent.
8. If the appeal is denied on the basis of insufficient grounds, the Appellant will be notified of
this decision in writing, giving reasons. This decision is at the sole discretion of the Manager,
or designate, and may not be appealed.
Appeals Panel
9. If the Manager, or designate, is satisfied that there are sufficient grounds for an appeal the
Manager, or designate will establish an Appeals Panel within twenty-one (21) days
(hereafter referred to as the "Panel") as follows:
a) The Panel will be comprised of one to three persons who will have no significant
relationship with the affected parties, will have had no involvement with the decision
being appealed, and will be free from any other actual or perceived bias or conflict.
Preliminary Conference
10. The Panel may determine that the circumstances of the appeal warrant a preliminary
conference. The matters that may be considered at a preliminary conference include:
a) Format of the appeal (hearing by documentary evidence, oral hearing or a combination
of both);
b) Timelines for exchange of documents;
c) Clarification of issues in dispute;
d) Clarification of evidence to be presented to the Panel;
e) Order and procedure of hearing;
f) Location of hearing, where the hearing is an oral hearing;
g) Identification of witnesses;
h) Remedies sought ; and
i) Any other procedural matter that may assist in expediting the appeal proceedings.
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HIGH FIVE® Policies and Procedures
Procedure for the Hearing
11. The Panel will decide whether the hearing will be held by means of documentary review,
conference call, or in person.
12. Where the Panel has determined that the appeal will be held by way of oral hearing in
person or via conference call, the Panel will govern the hearing by such procedures as it
deems appropriate, provided that:
a) The hearing will be held within thirty (30) days of the Panel's appointment.
b) The Appellant and Respondent will be given five (5) days written notice of the date, time
and place of the hearing.
c) Decisions will be by majority vote.
d) Copies of written documents that any of the parties would like the Panel to consider will
be provided to the Panel and to all other parties at least three (3) days prior to the
hearing.
e) If the decision of the Panel may affect another party to the extent that the other party
would have recourse to an appeal in their own right under this policy, that party will
become a party to the appeal in question and will be bound by its outcome.
f) A representative or advisor, including legal counsel may accompany any of the parties.
g) The Panel may direct any other person to participate or present evidence in the appeal.
h) Unless otherwise agreed by the parties, there will be no communication between the
Panel and the parties except in the presence of, or by copy to, the other parties.
Procedure for Documentary Appeal
13. Where the Panel has determined that the appeal will be held by way of documentary
submissions, it will govern the appeal by such procedures as it deems appropriate provided
that:
a) All parties are given a reasonable opportunity to provide written submissions to the
Panel, to review written submissions of the other parties, and to provide written rebuttal
and argument; and
b) The applicable principles and timelines set out in Section 12 are respected.
Appeal Decision
14. Within twenty-one (21) days of concluding the appeal, the Panel will issue its written
decision, with reasons. In making its decision, the Panel will have no greater authority than
that of the original decision-maker. The Panel may decide to:
a) Reject the appeal and confirm the decision being appealed; or
b) Uphold the appeal and refer the matter back to the initial decision-maker for a new
decision; or
c) Uphold the appeal and vary the decision; and/or
d) Refund the appeal fee of $500 to the Appellant.
15. The decision will be considered a matter of public record. A copy of the decision will be
provided to each of the parties, the Authorized Provider and to HIGH FIVE® National.
16. In extraordinary circumstances, the Panel may issue a verbal decision or a summary written
decision, with reasons to follow, provided the written decision with reasons is rendered
within the timelines specified in this policy.
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Timelines
17. If the circumstances of the dispute are such that this policy will not allow a timely appeal, or
if the circumstances of the dispute are such the appeal cannot be concluded within the
timelines dictated in this policy, the Panel may direct that these timelines be revised.
Final and Binding Decision
18. The decision of the Panel will be binding on the parties and on all HIGH FIVE®
Stakeholders, subject only to the provisions of the Authorized Provider’s Dispute Resolution
Policy.
19. No action or legal proceeding will be commenced against the Authorized Provider and/or
HIGH FIVE® National in respect of a dispute, unless the Authorized Provider and/or HIGH
FIVE® National have refused or failed to abide by the provisions for appeal and/or dispute
resolution as set out in the HIGH FIVE® policies.
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DISPUTE RESOLUTION POLICY
Purpose
1. The Authorized Provider supports the principles of Alternate Dispute Resolution (ADR) and is
committed to the techniques of negotiation, facilitation, mediation and arbitration as effective
ways to resolve disputes with and among Stakeholders, and to avoid the uncertainty, costs and
other negative effects associated with litigation.
2. The Authorized Provider encourages all Stakeholders to communicate openly and to collaborate
in using problem-solving and negotiation techniques to resolve their differences. In almost all
cases a negotiated settlement is preferable to any outcome achieved through other dispute
resolution techniques, and negotiated resolutions to disputes with and among Stakeholders are
strongly encouraged.
Application of this Policy
3. This Policy applies to all Stakeholders as defined in the Definitions.
Facilitation and Mediation
4. Opportunities for facilitation and mediation may be pursued at any point in a dispute where it is
appropriate and where the disputing parties agree that such a course of action would be
mutually beneficial.
5. The costs of mediation will be shared equally by the parties.
Arbitration
6. In the event that a dispute persists after all other Authorized Provider internal remedies have
been exhausted including negotiation, facilitation, mediation and/or appeals, the parties, upon
mutual consent, may pursue opportunities for arbitration.
7. Where arbitration is pursued, it will be done so in accordance with the applicable provincial
arbitration act using trained arbitrators who are acceptable to the parties.
8. The parties involved in a dispute may also mutually agree to bypass internal avenues of dispute
resolution, including appeals, and may directly pursue opportunities for arbitration.
9. Where a dispute is referred to arbitration, all parties to the original dispute will become parties to
the arbitration.
10. The parties to arbitration will enter into a written Arbitration Agreement that will specify that the
decision of the arbitrator will be final and binding upon the parties and not subject to any further
review by any court or any other body.
11. The costs of arbitration will be decided by the Arbitrator.
No Legal Action
12. No action, application for judicial review or other legal proceeding will be commenced against the
Authorized Provider and/or HIGH FIVE® National respecting a dispute, unless the remedies
afforded by this Policy have not been offered or have been exhausted. In no case may a party
pursue legal action against the Authorized Provider or HIGH FIVE® National in respect of
arbitration, for which the parties have entered into a written Arbitration Agreement.
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CONFIDENTIALITY POLICY
Purpose
1. The purpose of this policy is to ensure the protection of Confidential Information that is proprietary to
the Authorized Provider and/or HIGH FIVE® which is owned by PRO, by making all Stakeholders
aware that there is an expectation to act at all times appropriately and consistently with this Policy.
Application of this Policy
2. This Policy applies to all Stakeholders as defined in the Definitions.
Responsibilities
3. Stakeholders will not, either during the period of their involvement/employment or any time thereafter,
disclose to any person or organization any Confidential Information about the Authorized Provider
and/or HIGH FIVE® acquired during their period of involvement/employment, unless expressly
authorized to do so.
4. Stakeholders will not publish, communicate, divulge or disclose to any unauthorized person, firm,
corporation, third party or parties any Confidential Information, without the express written consent of
the Authorized Provider and/or HIGH FIVE® National, as appropriate.
5. Stakeholders will not use, reproduce or distribute such Confidential Information or any part thereof,
without the express written consent of the Authorized Provider and/or HIGH FIVE® National, as
appropriate, except for the purpose of implementing and promoting HIGH FIVE® training and
monitoring.
6. All files and written materials relating to Confidential Information will remain the property of PRO and
upon termination of involvement/employment with the Authorized Provider and/or HIGH FIVE® or
upon request of HIGH FIVE® National the Stakeholder will return all Confidential Information received
in written or tangible form, including copies, or reproductions or other media containing such
Confidential Information, immediately upon such request.
7. The term “Confidential Information” includes, but it not limited to the following:
a) Names, addresses, e-mail addresses, telephone numbers, cell phone numbers and financial
information of organizations and individuals within the Authorized Provider or HIGH FIVE® and
their respective Stakeholders, volunteers, directors, employees, trainers, and contractors.
b) Proprietary information related to the business or affairs of the Authorized Provider or HIGH
FIVE® and any of its divisions, including, but not limited to, procedures, business methods, forms,
policies, marketing and development plans, advertising programs, creative materials, trade
secrets, knowledge, techniques, data, products, technology, computer programs, manuals,
software, financial information and information that is not generally or publicly known.
Intellectual Property
8. Copyright and any other intellectual property rights in all written material (including material in
electronic format) and other works produced in connection with employment or involvement with
HIGH FIVE® will be owned solely by PRO, who will have the right to use, reproduce or distribute such
material and works, or any part thereof, for any purpose it wishes. PRO may grant permission for
others to use such written material or other works, subject to such terms and conditions as PRO may
prescribe.
Enforcement
9. A breach of any provision in this Policy may give rise to discipline in accordance with the Discipline
and Complaints policy or legal recourse.
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CONFLICT OF INTEREST POLICY
Purpose and Application
1. The purpose of this Policy is to describe how Stakeholders will conduct themselves in matters
relating to real or perceived conflicts of interest, and to clarify how the Authorized Provider will
make decisions in situations where conflicts of interest may exist.
Obligations
2. Any real or perceived conflict, whether pecuniary or non-pecuniary, between a Stakeholders’
interest and the interests of the Authorized Provider and/or HIGH FIVE®, must at all times be
resolved in favor of the Authorized Provider and/or HIGH FIVE®.
3. Stakeholders will not:
a) Engage in any business or transaction, or have a financial or other personal interest that is
incompatible with their official duties with the Authorized Provider and/or HIGH FIVE®;
b) Knowingly place themselves in a position where they are under obligation to any person who
might benefit from special consideration, or who might seek, in any way, preferential
treatment;
c) In the performance of their official duties, accord preferential treatment to family members,
friends or colleagues, or to organizations in which their family members, friends or
colleagues have an interest, financial or otherwise;
d) Derive personal benefit from information that they have acquired during the course of
fulfilling their official duties with the Authorized Provider and/or HIGH FIVE®, where such
information is confidential or is not generally available to the public;
e) Use Authorized Provider and/or HIGH FIVE® property, equipment, supplies or services for
activities not associated with the performance of official duties with the Authorized Provider
and/or HIGH FIVE® without the permission of the Authorized Provider and/or HIGH FIVE®
National;
f) Place themselves in positions where they could, by virtue of being a Stakeholder, influence
decisions or contracts from which they could derive any direct or indirect benefit or interest;
or
g) Accept any gift or favor that could be construed as being given in anticipation of, or in
recognition for, any special consideration granted by virtue of being a Stakeholder.
Disclosure and Reporting of Conflict of Interest
4. A Stakeholder will disclose a conflict of interest to the Authorized Provider or the HIGH FIVE®
National Manager immediately upon becoming aware that there exist real or perceived conflicts
of interest.
5. Any person who is of the view that a Stakeholder may be in a position of conflict of interest may
report this matter in writing to the Authorized Provider or HIGH FIVE® National Manager.
Resolving Conflicts in Decision-making
6. Decisions or transactions that involve a real or perceived conflict of interest that have been
disclosed by a Stakeholder will be considered and decided upon the Authorized Provider or
HIGH FIVE® National provided that:
a) The nature and extent of Stakeholder’s interest has been fully disclosed and this disclosure
is recorded;
b) The Stakeholder does not participate in discussion on the matter giving rise to the conflict of
interest;
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c) The Stakeholder abstains from voting on the proposed decision or transaction;
d) The Stakeholder is not included in the determination of quorum for the proposed decision or
transaction; and
e) The decision or transaction is in the best interests of the Authorized Provider and/or HIGH
FIVE®.
Enforcement
7. Failure to adhere to this Policy may give rise to discipline in accordance with the Discipline and
Complaints Policy.
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HIGH FIVE® Policies and Procedures
SPONSORSHIP POLICY
Purpose and Application
1. The HIGH FIVE® Sponsorship Policy articulates how HIGH FIVE® National will work with Authorized
Providers to secure sponsorship in support of the Standard both nationally and at the provincial and
territorial level.
2. Stakeholders, other than Authorized Providers, will contact their Authorized Provider if contemplating
entering any sort of sponsorship arrangement related to the Standard. Upon receipt of such
notification from a Stakeholder, the Authorized Provider will immediately contact HIGH FIVE®
National.
Aspiration
3. Through the direction of this Policy, by sharing information, and working collaboratively, HIGH FIVE®
National, its Authorized Providers will successfully secure sponsorships that provide for the
continuous development and full implementation of the Standard throughout Canada.
Principles of Sponsorship
4. HIGH FIVE® Sponsorship is guided by the following principles:
a) Mission Driven ~ All sponsorship efforts are intended toward, “assisting children along the path
of healthy child development.”
b) Strong Transparent Communications ~ Ensure by creating a two way flow of information that
is clear, consistent and timely for all parties.
c) Sponsor Rights ~ Respect sponsors right to direct their support as they wish.
d) No Harm ~ Every effort will be made by all partners to do no harm to the sponsorship efforts of
either national or other Authorized Providers.
e) Confidentiality ~ All sponsorship information shared by HIGH FIVE® National, Authorized
Providers will be treated confidentially unless otherwise directed.
Responsibilities of HIGH FIVE® National
5. HIGH FIVE® National will:
a) Coordinate all national sponsorship activities.
b) In cooperation with the applicable Authorized Providers, develop materials for sponsorship
affecting more than one Authorized Provider.
c) In cooperation with the applicable Authorized Providers, establish a mutually agreeable revenue
sharing formula for sponsorship revenues affecting more than one Authorized Provider.
d) Use net revenues raised by sponsorship relationships to support HIGH FIVE ® products and
services.
e) Not accept donations, services or sponsorship from the tobacco and alcohol industry and other
entities not aligned with the healthy development of children, determined in their sole discretion.
f) Determine, in their sole discretion, the appropriateness of a sponsor.
g) Advise the applicable Authorized Provider about decisions on sponsorship matters affecting the
Authorized Provider.
Responsibilities of the Authorized Provider
6. The Authorized Provider will:
a) Acknowledge that building the HIGH FIVE® brand will benefit all Authorized Providers and
therefore abide by this Policy.
b) Avoid duplication of effort and avoid sponsorship conflicts by notifying HIGH FIVE ® National
before communicating with a potential sponsor or execution of any sponsorship agreement.
c) Maintain positive working relationships with HIGH FIVE® National and other Authorized Providers
by limiting sponsorship opportunities to sources within the Authorized Provider’s jurisdiction. If
sponsorship opportunities arise which are more inter-provincial/territorial or national in scope, the
Authorized Provider will involve HIGH FIVE® National in the negotiation process to enhance the
opportunity and avoid unnecessary competition and conflict.
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d) Inform HIGH FIVE® National when the Authorized Provider has a contact that could benefit HIGH
FIVE® National’s sponsorship negotiations. In the event that HIGH FIVE® National requests or
accepts the Authorized Provider’s assistance, the Authorized Provider may join HIGH FIVE ®
National in a joint proposal or upon approval from the Sponsor receive a five percent (5%) finder’s
fee of the sponsorship monies obtained from the National sponsorship upon receipt of such
monies.
e) Only use HIGH FIVE® sponsorship funds for HIGH FIVE® products and services within the
Authorized Provider’s Jurisdiction for the advancement of HIGH FIVE®.
f) Recognize that agreeing to “category exclusivity” (i.e. including but not limited to, fast service
restaurants, banks, car dealerships etc.) will likely impact the sponsorship efforts of HIGH FIVE®
National and other Authorized Providers, therefore such exclusive agreements will be entered
into only with the expressed written consent of HIGH FIVE® National.
g) Follow federal and provincial regulations affecting sponsorship and ensure sponsorship
agreements are in compliance with such regulations.
h) Provide a copy of sponsorship agreements to HIGH FIVE® National prior to submission and
execution.
i) Recognize that HIGH FIVE® National will determine, in their sole discretion, the appropriateness
of a sponsor.
j) Not accept donations, services or sponsorship from the tobacco and alcohol industry.
Existing Sponsorship Relationships
7. HIGH FIVE® National and the Authorized Provider will honour existing sponsorship relationships.
Consideration
8. Authorized Providers will pay to HIGH FIVE® National seven percent (7%) of corporate sponsorship
monies over $50,000 received by the Authorized Provider. Monies paid to HIGH FIVE® National will
be used for research and development. (All grants and government funding to the Authorized
Providers are exempt from this provision). This paragraph only applies to individual sponsorship over
$50,000.
Branding
9. Authorized Providers will adhere to the Communications Policies and Guidelines for all sponsorship
activities between the Authorized Provider and sponsor.
Dispute Resolution
10. HIGH FIVE® National and all Authorized Providers will work within the spirit and principles articulated
in this Policy. However, in the event a dispute resolution mechanism may be required, the HIGH
FIVE® National Dispute Resolution Policy will apply.
Policy Review and Renewal
11. Authorized Providers may forward suggestions for changes to this policy at any time to HIGH FIVE ®
National.
12. This policy will be reviewed from time to time by HIGH FIVE® National in consultation with the
Authorized Providers.
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HIGH FIVE® Policies and Procedures
COMMUNICATIONS & LOGO POLICY
Purpose
1. Since HIGH FIVE® is a registered trademark and the Standard is comprised of intellectual
property owned by PRO, it is of the utmost importance that the Standard and the HIGH FIVE®
brand, logo and Materials are applied consistently and reflects the highest of standards. The
purpose of this Policy is to provide Stakeholders guiding principles, policies and regulations
regarding:
a) Use of the HIGH FIVE® logo;
b) Use of HIGH FIVE® Materials;
c) Typeface for all HIGH FIVE® logos and Materials;
d) Key messages and wording for HIGH FIVE® logos and Materials; and
e) Guidelines for producing all HIGH FIVE® Logos and Materials.
Grant of License
2. PRO grants to the Stakeholder, in accordance with the terms set out in the Stakeholders
Agreement and this Policy, a non-exclusive license to use the HIGH FIVE® logos and Materials
in relation to the implementation, advertising and promotion of the Standard.
3. HIGH FIVE® logos and Materials may not be used by any unauthorized organization which is not
registered as a Stakeholder unless approved by HIGH FIVE® National.
HIGH FIVE® Logos
4. The HIGH FIVE® logo is composed of five stars which are a symbol of excellence and quality.
Programs bearing HIGH FIVE® logos will be committed to achieving a high standard of quality in
their children’s programs by implementing HIGH FIVE® Training.
Obligations
5. Stakeholders will adhere to the following:
a) The terms and conditions of their Stakeholder Agreement with HIGH FIVE ® National or their
Authorized Provider.
HIGH FIVE® the Name
b) The HIGH FIVE® name will always be written in UPPER CASE and will always be used with
the registered symbol ® in superscript.
HIGH FIVE® the Logo
c) Only use approved HIGH FIVE® logos provided by HIGH FIVE® National.
d) HIGH FIVE® logos may, include the tagline “The best way to play” and the trademark symbol
™ in superscript.
e) Only use yellow, purple, white or black as color schemes for HIGH FIVE® logos.
HIGH FIVE® Footer
f) The following footer will be included in all HIGH FIVE ® advertisements, correspondences and
written materials:
HIGH FIVE® A quality standard for children’s sport and recreation
Founded by Parks and Recreation Ontario
HIGH FIVE® A quality standard of children’s sport and recreation
Founded by Parks and Recreation Ontario
January 11, 2012
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Quality Control
g) HIGH FIVE® logos, footer, name and Materials will be of a high quality and will not be applied
in such a way, or to products, that will reduce the quality of the logo or the image of the
Standard or HIGH FIVE®.
6. Stakeholders will NOT:
a) Alter the look, feel or image of the HIGH FIVE® logos, footer or name.
b) Add decorative or other elements to the HIGH FIVE® logos, footer, or name.
c) Distort the HIGH FIVE® logos, footer, or name.
d) Use outdated versions of the HIGH FIVE® logos, footer or name.
e) Place the HIGH FIVE® logos, footer or name in questionable locations (e.g. backside of
pants).
HIGH FIVE® Logo Request
7. Stakeholders, excluding Authorized Providers, wishing to use the HIGH FIVE® logos, footer, or
name will submit the Communications/Logo Request Form (found below) or which can be
ascertained from their Authorized Provider, in accordance with the following eligibility guidelines:
a) Registered Organizations who have signed a Registered Organization Agreement and have
implemented HIGH FIVE® training.
b) Affiliate Providers who have signed an Affiliate Provider Agreement.
c) Umbrella Organizations who have signed an Umbrella Organization Agreement and have
passed a motion to adopt HIGH FIVE®‘s Commitment to Children’s Policy.
d) Academic Organizations who have signed an Academic Organization Agreement.
e) Trainers who have signed a Trainer Agreement.
8. Authorized Providers who have signed an Authorized Provider Agreement are not required to
submit the Communications/Logo Request Form for use of the HIGH FIVE® logos, footer, or
name but must act in accordance with this Policy and the Authorized Provider Agreement.
9. Accredited Organizations will have access to the HIGH FIVE® Accredited Logos upon being
accredited and submitting the Communications/Logo Request Form.
Proofs
10. Stakeholders will submit proofs, reproductions and samples of any use of the HIGH FIVE® logos,
footer, or name upon request of HIGH FIVE® National or the Stakeholders Authorized Provider.
Intellectual Property
11. This Policy does not give Stakeholders any interest in HIGH FIVE® logos, name, footer or any
other intellectual property owned by PRO in relation to the Standard, except the right to use the
Trade Marks in accordance with the terms of this Policy.
Revocation
12. PRO, HIGH FIVE® National and/or their Authorized Provider may revoke a Stakeholders use of
any HIGH FIVE® trademarks, logos or Materials in accordance with their Stakeholder Agreement
with HIGH FIVE®.
Enforcement
13. Failure to adhere to this Policy may give rise to discipline in accordance with the Discipline and
Complaints Policy.
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APPENDIX A
HIGH FIVE® Logo/Communications REQUEST FORM
Organization:
_________________________________________________________________
Contact:
_____________________________________________________________________
Telephone:_____________Fax:____________Email: _________________________
Please check the logo/ad you require:
Logo
Format
HIGH FIVE®
❑ B&W
❑ Colour
Accreditation
❑ B&W
❑ Colour
Logo
Generic Print Ad
❑ B&W
❑ Colour
Logo Format
Please indicate how you intend to use the logo/ad:\
❑ jpg
❑ eps
❑ jpg
❑ eps
❑ jpg
❑ n/a
Item
Distribution Quantities*
❑ Print marketing/promotional material
Specify (e.g. poster, brochure, program flyer)
❑ Certificates, ribbons or medals
❑ Clothing, buttons, hats, mugs, etc.
Specify:
❑ Electronic publication
(e.g. web link, online newsletter, multi-media)
❑ Other (specify):
❑ Print ad
* indicate how many of the items will be produced and/or distributed (i.e. number of households, parents
or staff members)
NOTE:
 All requests will be reviewed for compliance with the HIGH FIVE® Communications Policies
and Guidelines (i.e. completion of the Learn! level of the Quality Assurance Process).
 We will endeavour to respond to requests within one week of submission. Appropriate
digital files will be emailed to you.
ADDITIONAL NOTES:
______________________________________________________________________
_____________________________________________________________________
Submit by FAX to the
nmccagg@nwtrpa.org
HIGH FIVE®
office:
HIGH FIVE® A quality standard of children’s sport and recreation
Founded by Parks and Recreation Ontario
January 11, 2012
(867)
669-6791
or
by email
to
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