Maltreatment

In the event that there is a discrepancy between the information presented on this page, and that which is found in the published PDF version of the policy / guidelines, the process outlined in the published PDF documents will take precedence.

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Purpose

The purpose of this policy is to establish a process for the administration of the NBSSCM in alignment with the Program Guidelines.

SCOPE OF APPLICATON

1. This policy applies to the conduct of Participants during all Activities. This includes all communications and interactions between Participants, including communication by telephone or electronically.

2. The NBSSCM process is independent of any rights and privileges an PSO/MSO has as an employer of an employee who is a Respondent to a complaint. The PSO/MSO may exercise their rights in accordance with the employee’s employment agreement or human resources policies, if applicable, while the NBSSCM process is underway.

ALIGNMENT

1. It is recognized that Participants may also register with NSOs that may mandate a different disciplinary process for complaints involving allegations of Maltreatment or Prohibited Behaviour

2. If a PSO/MSO is informed that sanctions were applied to a Participant by a NSO, the OSIC or other sport body, they will report the information through the designated reporting mechanism.

REPORTING A COMPLAINT

1. All complaints must be reported directly through the identified reporting mechanism. (See Appendix A for reporting mechanism.)

2. If a complaint is communicated to Sport NB, the Complainant will be immediately redirected to the identified reporting mechanism. Once a complaint is submitted to the reporting mechanism, Sport NB will have no further involvement in the management of the complaint.

3. In the case where a complaint is reported to a PSO/MSO directly, if the PSO/MSO has designated the process under NBSSCM as their complaint process, the PSO/MSO will immediately redirect the Complainant to the identified reporting mechanism.

4. If the applicable NSO has mandated the use of a specific third-party complaints management mechanism for Participants involved in a specific sport/discipline, complaints must be submitted to the process as mandated by the NSO.

5. Any allegations of Maltreatment or Prohibited Behaviour against a Participant who has been designated as an Abuse-Free Sport Participant by a Signatory, must be reported to the OSIC. The Case Manager will refer any complaint concerning an Abuse-Free Sport Participant involving violations of the UCCMS to the OSIC for review in accordance with the applicable OSIC policy and procedure.

6. Anonymous complaints may be accepted at the sole discretion of the Case Manager. However, anonymous complaints are strongly discouraged as non-criminal offences are generally impossible to address without the involvement of the Complainant.

TIMELINES

1. Participants are encouraged to report all complaints as soon as possible after experiencing or witnessing the interaction, incident, event, or situation of concern.

2. An adult Participant who receives information about or has knowledge of an interaction, incident, event, or situation and reasonably suspects that a child has suffered an incident of child abuse, including sexual abuse, shall immediately make a report of the suspected abuse to the local authorities.

STANDARD TO APPLY

1. If a Participant or other individual makes a complaint involving allegations that would be considered Maltreatment or Prohibited Behaviour under the UCCMS or other conduct standard currently in force that occurred at a time when a different complaint process was in force, the complaint will be addressed using the procedures of this policy, as amended from time to time.

2. If known, the conduct standards in place at the time the incident(s)/event(s) related to the complaint are alleged to have occurred will be applied.

3. The determination of the conduct standard to be applied will be decided by the Mediator/Arbitrator, at its sole discretion.

CASE MANAGER

1. Upon the submission of a complaint through the designated mechanism, a Case Manager will be appointed by the ITP to oversee the management and administration of the complaint in accordance with the NBSSCM Guidelines. Such an appointment is not appealable.

2. The Case Manager has a responsibility to:

a) determine whether the complaint falls within the jurisdiction of the NBSSCM and the scope of this policy;

b) assess and identify whether it is a Major or a Minor Complaint;

c) determine if the alleged incident must be investigated;

d) assess if the complaint is frivolous, vexatious or if it has been made in bad faith; and

e) determine whether to combine complaints into a single disciplinary process, if there are multiple individuals submitting complaints against the same Respondent for allegations of a similar nature or occurrence in time.

3. The Case Manager will determine whether to accept a complaint based on the factors outlined above.

4. If the Case Manager dismisses a complaint, the Case Manager’s reasoning for this dismissal will be provided to the Complainant, and the complaint will be dismissed immediately*.

5. If the complaint does not meet eligibility criteria, the Case Manager may direct or provide the Complainant with access to facilitation and relevant supporting resources outside the formal NBSSCM process.

6. If a complaint is not frivolous and is within the jurisdiction of the NBSSCM and the policy, the complaint will be accepted. The decision to accept the complaint will be communicated to the Complainant(s) and Respondent(s).

a) The designated contact person for the applicable PSO/MSO(s) and Sport NB will receive notice of the decision of the Case Manager. This notification will include a summary of the allegations but will not include any identifying information of the Complainant as well as an overview of the process and timeline for completion.

7. The Case Manager’s decision to accept or dismiss the complaint may not be appealed.

8. After a complaint is accepted, a Mediator/Arbitrator will be appointed for the matter by the Case Manager from a list maintained by Sport NB.

9. Any costs associated with the services of the Mediator/Arbitrator shall be covered by the NBSSCM.

ALTERNATIVE DISPUTE RESOLUTION

1. Sport NB supports the principles of ADR and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. ADR also avoids the uncertainty, costs, and other negative effects associated with lengthy investigation, hearings, and appeals.

2. All Participants are encouraged to communicate openly, and to collaborate and use problem-solving and negotiation techniques to resolve their differences.

3. Sport NB’s position is that negotiated settlements are most often preferable to arbitrated outcomes.

4. Should a negotiated settlement be reached, the settlement shall be reported by the Case Manager to all parties involved, as well as the applicable PSO/MSO and Sport NB. Following the settlement, any actions and/or sanctions shall be enacted in accordance with the timelines specified by the negotiated decision.

5. Should a tentative negotiated settlement be reached that requires any action to be taken by Sport NB and/or an PSO/MSO before execution, the proposed settlement shall be reported to Sport NB and/or an PSO/MSO for approval. Sport NB and/or an PSO/MSO may approve, reject, or propose amendments to a proposed settlement for any requirements that involve an action by Sport NB and/or an PSO/MSO. Any decision by Sport NB and/or an PSO/MSO to approve, reject, or propose amendments to a negotiated settlement may not be appealed. Any actions that are to take place because of the proposed settlement shall be completed in accordance with the timelines specified by the negotiated settlement, pending approval.

a) The Parties may not withdraw from the proposed settlement pending the approval of any actions to be taken by Sport NB and/or a PSO/MSO.

6. Failure to comply with a signed negotiated settlement will result in the suspension of the individual from participating Activities. The lifting of the suspension will be reviewed by the applicable PSO/MSO upon the completion of all conditions identified in the signed negotiated settlement.

7. Any negotiated settlement will be final and binding on the Parties. Negotiated settlements may not be appealed.

8. A non-disclosure agreement (NDA) or any other confidentiality provision entered as part of a negotiated settlement may not prevent the publication by a PSO/MSO or other applicable sport organization of sanctions on registries such as the Participant Abuse-Free Sport Sanctions Registry or NSO database. NDAs may not be entered into if a complaint involves allegations of sexual Maltreatment, grooming and boundary transgressions unless such an agreement:

a) is the expressed wish and preference of the Complainant(s);

b) includes an opportunity for the Complainant(s) to decide to waive their own confidentiality in the future and the process for doing so;

c) aligns with the principles of the UCCMS;

d) is of a set and limited duration; and

e) does not adversely affect:

9. Any NDA in a Complaint involving allegations of sexual Maltreatment, grooming and boundary transgressions must be reviewed and approved by the Mediator/Arbitrator. The Mediator/Arbitrator may, at their sole discretion, approve, reject, or propose amendments to an NDA. Any decision by the Mediator/Arbitrator to approve, reject, or propose amendments to an NDA may not be appealed.

a) Any decision by the Mediator/Arbitrator to approve, reject, or propose amendments to an NDA may not be appealed.

10. Should a negotiated settlement not be reached, the matter will proceed to arbitration.

11. At Sport NB’s discretion, if a complaint is not accepted, the Case Manager may direct the Parties to informal conflict resolution resources outside of the complaint process. Engagement in this informal conflict resolution process is voluntary.

MINORS

1. Complaints may be brought by or against a Participant who is a Minor. Minors must have a parent/guardian or other adult serve as their representative during this process.

2. Communication from the Case Manager, Mediator/Arbitrator or Appeal Arbitrator (as applicable) must be directed to the Minor’s representative.

3. If the Minor’s representative is not their parent/guardian, the representative must have written permission to act in such a capacity from the Minor’s parent/guardian.

4. A Minor is not required to attend or participate in an oral hearing, if held, or participate in an investigation, if conducted. In such circumstances, no adverse inference can be drawn against the Minor.

INVESTIGATION

1. In exceptional circumstances where it is impossible to reasonably proceed without the benefit of an investigation, the Case Manager may order an investigation by an independent third-party investigator before proceeding to a hearing.

2. If an investigation by a third-party investigator is required, the Case Manager will appoint an investigator that is skilled in investigating cases that align with the nature of the allegations.

3. Provincial legislation related to workplace harassment may apply to the investigation if harassment was directed toward an employee in a workplace. The investigator should review workplace safety legislation, the PSO/MSO’s policies for human resources, and/or consult independent experts to determine whether legislation applies to the complaint.

4. The investigator must not be in a conflict-of-interest with the Parties and should have no prior involvement with the Complainant, Respondent, the PSO/MSO, or the NSO.

5. The appointed investigator will have discretion on the investigation approach and will be considered a neutral third-party with a mandate to seek the truth and make findings based on evidence collected through the investigation process.

6. While conducting the investigation, the investigator will follow current and accepted best practices for investigation, principles of fairness and natural justice, and any applicable provincial legislation.

7. The investigation may take any form as decided by the investigator, guided by any applicable provincial legislation. The investigation may include:

a) interviews with the Complainant;

b) witness interviews;

c) statement of facts (Complainant’s perspective) prepared by the investigator, acknowledged by the Complainant and provided to the Respondent;

d) interviews with the Respondent; and

e) statement of facts (Respondent’s perspective) prepared by investigator, acknowledged by the Respondent, and provided to the Complainant.

8. The investigator must also inform the Case Manager of any findings of criminal activity. The Case Manager may decide whether to report such findings to police but is required to inform police if there are findings related to the trafficking of prohibited substances or methods (as indicated in the version of the World Anti-Doping Agency’s Prohibited List currently in force), any crime involving Minors, fraud against a PSO/MSO (as applicable), or other offences where the lack of reporting would bring Sport NB and/or the PSO/MSO into disrepute.

9. Upon completion of their investigation, the investigator shall prepare a report that will include a summary of evidence gathered from the Parties to the investigation, any witnesses interviewed, and documentary information. The investigator will identify the conduct standard considered, provide an analysis of the relevant information gathered and make findings based on the evidence gathered, including a rationale for the findings made. Findings by the investigator shall be based on a balance of probabilities.

10. All Parties are expected to cooperate fully in the investigation.

11. If a Respondent attempts to circumvent the process by failing to respond to a complaint in a thorough or timely fashion or at all, or if the Complainant and/or the Respondent refuse to participate in the review or third-party investigation process, the investigator may proceed based on the information made available to them by the Complainant and any witnesses interviewed/investigated as part of the process.

12. The Case Manager retains the discretion of whether to share the full investigation report with the Parties or a redacted version to protect the identity of witnesses. This decision may not be appealed.

PROVISIONAL MEASURES

1. If it is considered appropriate or necessary on the basis of the circumstances, the imposition of an immediate Provisional Measure or interim measures may be imposed against any Participant by a PSO/MSO to whom a Respondent belongs to, after which further discipline or sanctions may be applied according to this policy.

2. The PSO/MSO may determine that an alleged incident is of such severity as to warrant the imposition of a Provisional Suspension of a Respondent pending completion of an investigation, criminal process, or the Med/Arb process.

3. The Case Manager, upon the receipt and acceptance of a complaint, may make non-binding recommendations to a PSO/MSO in the complaint summary regarding an immediate Provisional Measures for a Respondent who belongs to the PSO/MSO if no such restrictions have already been imposed by the PSO/MSO.

a) Any such recommendations are not subject to appeal.

b) A PSO/MSO is not required to follow the recommendations of the Case Manager regarding the implementation of Provisional Measures.

4. Any Respondent against whom a Provisional Suspension or interim measure is imposed may make a preliminary request to the Mediator/Arbitrator to have the Provisional Suspension or interim measure lifted. Provisional Suspensions or interim measures shall only be lifted or revised in circumstances where the Respondent establishes that it would be manifestly unfair to maintain the Provisional Suspension or interim measures against them.

5. Any decision not to lift a Provisional Suspension or interim measure shall not be subject to appeal.

HEARING PROCESS

1. The Case Manager will appoint a Mediator/Arbitrator from a roster maintained by Sport NB. Once appointed, the Mediator/Arbitrator will be the primary point of contact for the parties, unless otherwise indicated.

2. The complaint process will comply with the requirements of the NBSSCM Guidelines as set out under Section V.

a) The hearing will be governed by a process determined by the Mediator/Arbitrator, as they deem appropriate in the circumstances, provided that:

3. The Mediator/Arbitrator has the power to modify a Provisional Measure and relieve against non-compliance with time limits, or any other technicality or irregularity as set out in this policy.

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*As indicated in the SDRCC’s Investigation Guidelines, a reported complaint shall not be characterized as vexatious if the evidence demonstrates that there was a reasonable basis for filing and pursuing it. For a complaint to be considered to have been made in bad faith, the Case Manager must consider that it was filed consciously for a dishonest purpose or due to the moral underhandedness of the Complainant and that there was an intention to mislead.

Revised April 2024