Activity:

Any sanctioned or recognized programs, business, activities, and events of an eligible PSO/MSO including, but not limited to competitions, practices, evaluations, treatment, or consultations (e.g., massage therapy), training camps, travel associated with organizational activities, the office environment, and any meetings that are organized and/or sanctioned by an eligible PSO/MSO. This includes conduct outside of the programs, business, activities, and events of an eligible PSO/MSO when such conduct adversely affects an eligible PSO/MSO’s relationships within the broader sport community, the work and sport environment, or is detrimental to the image and reputation of an eligible PSO/MSO.

Affected Parties:

Any individual or entity, as determined by the Appeal Manager, who may be affected by a decision rendered under the Appeal Policy and who may have recourse to an appeal in their own right.

Alternative Dispute Resolution (ADR):

A voluntary and flexible process for addressing disputes outside of formal adjudication, which can include a variety of methods, such as mediation or facilitated conversations. The process may lead to a settlement agreement and is intended to reduce the uncertainty, costs, and other challenges associated with investigations, hearings, and appeals.

Appeal:

Appeal of a decision of a Mediator/Arbitrator under this policy or of a decision of a PSO/MSO alleging the failure to follow their Constitution or by-laws, or policies as permitted by the terms of the NBSSCM Guidelines and this policy.

Appeal Manager:

A qualified and independent individual who oversees the management and administration of appeals. The Appeal Manager is appointed by the ITP. The Appeal Manager will have responsibilities that include using decision-making authority empowered by the Appeal Policy. This individual must not have had any prior involvement with the matter under appeal or have a direct relationship with any of the Parties.

Appeal Arbitrator:

Individuals who are appointed by the Appeal Manager to decide on appeals under the processes of this policy. In circumstances where there are three (3) individuals appointed, references to Appeal Arbitrator will be deemed to be an Appeal Panel.

Appellant:

The party appealing a decision.

Case Manager:

A qualified and independent individual who oversees the management and administration of a complaint in accordance with this policy and the NBSSCM Guidelines. The Case Manager is appointed by the ITP and must not be in a conflict of interest or have any direct relationship with the Parties.

CSSP Participant:

An individual affiliated with a CSSP Sport Organization, as defined by the CSSP Rules, and is therefore subject to the CSSP Rules, or as otherwise designated by a CSSP Sport Organization. CSSP Participants may include an athlete, a coach, a board member, an official, an Athlete Support Personnel, an employee, a worker, an administrator, or a volunteer acting on behalf of, or representing a CSSP Sport Organization in any capacity.

CSSP Sport Organization:

A national level sport organization, national multi-sport service organization, Canadian Sport Centre(s) or Institute(s) that has adopted the CSSP and has retained the services of the SIC for the CSSP.

Complainant:

An individual who makes a report of an incident, or a suspected incident, of alleged Maltreatment, Prohibited Behaviour or other misconduct that may be a violation of the behavioural standards described in their PSO/MSO’s policies, by-laws, rules or regulations, including the UCCMS.

Cultural Safety:

The practice of creating an inclusive and culturally informed approach in all matters where an individual identifies as indigenous. It goes beyond cultural competence and requires an active effort to understand and respect the diverse cultural backgrounds of indigenous individuals. Key aspects of Cultural Safety include but are not limited to:

1. Acknowledging the existence of a Power Imbalance.
2. Understanding and respecting cultural practices, such as recognizing traditional values and indigenous approaches to sport and conflict resolution;
3. Ensuring culturally appropriate supports, including Indigenous support workers, Elders, or community liaisons, are made available to Indigenous participants engaged in the NBSSCM; and,
4. Implementing policies and practices that promote Cultural Safety that consider specific lived experiences of Indigenous participants, including the effects of intergenerational trauma, the role of community and Elders in dispute resolution, the significance of cultural identity, and barriers to accessing formal reporting mechanisms.

Day:

A calendar day.

Independent Third Party (ITP):

An individual or organization that is retained by Sport NB to receive reports related to the UCCMS and Fair Play Complaints, including alleged violations of the UCCMS, and oversee the administration of the NBSSCM on behalf of Sport NB, as well as the appeal process.

Maltreatment:

As defined in the UCCMS.

Med/Arb:

A process conducted by a Mediator/Arbitrator that starts as a mediation or facilitated discussion and, if the dispute is not resolved by mutual agreement, concludes by arbitration before the same Mediator/Arbitrator. A mediated conversation typically concludes with consent order agreed to by the Parties, while an arbitration typically concludes with a decision issued.

Mediator/Arbitrator:

An individual accepted and recognized by Sport NB, who meets the qualifications determined by Sport NB and is willing to conduct Med/Arbs for Sport NB pursuant to this policy and the NBSSCM Guidelines.

Minor:

An individual who is under the age of majority at the time and in the
jurisdiction where the alleged violation occurred. At the time of writing this policy, an individual under the age of 18 is a Minor.

Fair Play Complaint:

An allegation or disagreement between Participants that the Case Manager determines does not involve Maltreatment or Prohibited Behaviour, but that may constitute a violation of the Code of Conduct or other conduct standards or policies of the PSO/MSO.¹

NBSSCM:

New Brunswick Safe Sport Complaint Mechanism.

NSO:

The national governing body for a given sport or discipline in Canada.

PSO/MSO:

A provincial sport organization or multi-sport organization who is a member of Sport NB and is eligible to participate in the NBSSCM. This may include associate members of Sport NB.

Participant:

All categories of membership, participant or registrant defined in the
PSO/MSO By-laws, as well as all individuals engaged in activities with the PSO/MSO including, but not limited to, athletes, spectators, coaches, referees, officials, volunteers, committee members, medical staff, and directors.²

Party or Parties:

The individual(s) or entities involved in a dispute, specifically the Complainant(s) and Respondent(s) to a complaint or Appeal.

Power Imbalance:

As defined in the UCCMS.

Prohibited Behaviour:

As defined in the UCCMS.

Provisional Measures:

When a Participant is barred temporarily from participating in any capacity in any Activity of an eligible PSO/MSO or is subject to other limitations, requirements or eligibility restrictions, prior to a final resolution through the Med/Arb process conducted pursuant to this policy.

Respondent:

Participant(s) or PSO/MSO named in a complaint or appeal and, therefore, will respond to the complaint or an appeal.

Sport Integrity Canada:

The independent, national, not-for-profit, multi-sport organization with a focus on the integrity issues of safe sport, anti-doping, and competition manipulation, including the CSSP for all CSSP Sport Organizations at the national level that adopt the CSSP.

UCCMS:

Universal Code of Conduct to Prevent and Address Maltreatment in Sport, as amended from time to time.

UCCMS Complaint:

Complaints related to any allegation of Maltreatment or Prohibited
Behaviour, as defined by the UCCMS, by a Participant which may potentially involve a sanction involving a period of ineligibility.