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Policy Statement 2. Application of this Policy 3. Definitions 4. Procedures for Receiving and Responding to a Complaint 5. Fact-Finding 6 Procedures for Reviewing Complaints 7. Investigators 8. Hearing 9. Decision 10. Discipline 11. Confidentiality 12. Review |
Note:
In this policy
1. Policy Statement 1.1 The CKF is committed to creating and maintaining a martial art and work environment in which all individuals are treated with respect and dignity. Each individual has the right to participate and work in an environment that promotes equal opportunities and prohibits discriminatory practices. 1.2 More particularly, CKF is committed to providing an environment free from harassment on the basis of race, nationality or ethnic origin, religion, age, sex, sexual orientation, marital status, family status, or disability. Harassment on the basis of any of these grounds is a form of discrimination that is prohibited by human rights legislation throughout Canada. In its most extreme forms, harassment can be an offence under Canada's Criminal Code. 1.3 The CKF does not tolerate harassment. All persons in positions of authority with the CKF are expected to take appropriate action when harassment occurs. Individuals whose conduct is found to constitute harassment as defined in this policy will face disciplinary action. 2. Application of this Policy 2.1 This policy applies to all employees as well as to all directors, officers, volunteers, instructors, students, officials, administrators, members and participants who are under the jurisdiction of the CKF. It applies to harassment that may occur during the course of all CKF business, activities and events. 2.2 Notwithstanding the procedures in this policy, a person in a position of authority is encouraged to take immediate, informal, corrective disciplinary action in response to behavior that constitutes a minor incidence of harassment. 2.3 The Executive Committee is responsible for overseeing the procedures set out in this policy and will, at all times, ensure that such procedures are carried out in a timely manner. 3. Definitions 3.1 Harassment is a form of conduct that is cruel, intimidating, humiliating, offensive or physically harmful. Types of behaviour that constitute harassment include, but are not limited to:
3.2 Sexual harassment is defined as unwelcome sexual remarks or advances, requests for sexual favours or other verbal or physical conduct of a sexual nature when:
4. Procedures for Receiving and Responding to a Complaint 4.1 A person who experiences harassment, any person who witnesses harassment, or any person who believes that harassment has occurred is encouraged to make it known that the behaviour is contrary to this policy. 4.2 If confronting the person is not possible or if after confronting the person the behaviour continues, the person who has experienced the harassment, who has witnessed the harassment, or who believes that harassment has occurred should report the matter to an "official" of the CKF. For the purposes of this policy, an official is any person in a responsible staff or volunteer position. 4.3 Once an incident is reported, the role of the official is to serve in a neutral, unbiased capacity in receiving the report of the incident, advising the parents or guardians of the incident (if the person who has experienced the harm is a minor), and assisting in an informal resolution of the complaint, where this is appropriate. If the official considers that he or she is unable to act in this capacity, the complaint will be referred to another official who is able and willing to assist. 4.4 There are two possible outcomes to this meeting of complainant and official:
5. Fact-Finding 5.1 If informal resolution of the complaint is not appropriate or possible, and if the person who has experienced or witnessed the harassment, or who believes that harassment has occurred decides to pursue a formal written complaint, the official will refer the complaint to a designated CKF harassment officer. The harassment officer will assist the individual in preparing a formal written complaint and will provide a copy to the Executive Committee. 5.2 Once the complaint has been reported to the Executive Committee, the harassment officer will then gather facts surrounding the incident by speaking directly with the complainant and the person against whom the complaint is made (the "respondent"), and any witnesses who, in the opinion of the official, might have relevant facts or observations about the incident. The respondent will also be allowed an opportunity to provide a written statement to the harassment officer. 5.3 The process of fact- finding will be carried out in a timely manner and the results summarized in a written report that will be provided to the Executive Committee, along with any written statement prepared by the respondent. 5.4 Upon receiving this report and any written statement, the Executive Committee will decide within five (5) business days:
6 Procedures for Reviewing Complaints 6.1 If the Executive Committee determines that the complaint should be dealt with more formally, it will appoint three unbiased individuals to serve as a Panel, and will appoint one of these individuals to serve as the Chairperson of the Panel. Both genders will be represented on the Panel. 6.2 The Executive Committee will then, at its sole discretion, and having regard to the nature of the complaint and the potential seriousness of the outcome, determine which of the following procedures will be used by the Panel to review the complaint (these procedures are listed from the least formal to the most formal):
6.3 If at any point the complainant becomes reluctant to continue with these procedures, it will be at the sole discretion of the Executive Committee to nonetheless continue the review of the complaint in accordance with this policy. 7. Investigators 7.1 The Investigator should be a person experienced in harassment matters and investigation techniques. The Investigator shall gather facts surrounding the incident by speaking directly with the complainant and the person against whom the complaint is made (the “respondent”), and any witnesses who, in the opinion of the Investigator, might have relevant facts or observations about the incident. The respondent shall also be given the opportunity to provide a written statement to the Investigator. 7.2 The Investigator shall carry out the investigation in a timely manner and at the conclusion of the investigation shall submit a written report to the CKF Executive. 8. Hearing 8.1 If the Executive determines that a hearing will be held, the hearing will be heard as soon as possible, but not more than fifteen (15) business days after the Discipline Panel has been appointed by the Executive. 8.2 The Discipline Panel shall govern the hearing as it sees fit, provided that:
8.3 In order to keep costs to a reasonable level the Discipline Panel may conduct the hearing by means of a conference call or videoconference. 9. Decision 9.1 As soon as possible, but within five (5) business days of a completed procedure as described in section 6.2 or upon review of the harassment officers report, the Panel will present its findings in a report to the Executive Committee with a copy provided to both the complainant and respondent. This report will contain:
9.2 If the Panel determines that allegations of harassment are false, vexatious, retaliatory or frivolous, its report may direct that there be disciplinary action against the complainant. 9.3 The decision of the Panel will be final and binding upon the complainant, respondent and CKF. Any disciplinary action imposed under this policy may be appealed pursuant to the CKF's policy on Appeals. 10. Discipline 10.1 When recommending appropriate disciplinary action, the Discipline Panel shall consider factors such as:
10.2 In directing disciplinary action, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the harassment and other aggravating and mitigating circumstances:
10.3 Unless the Panel decides otherwise, any disciplinary sanctions will take effect immediately. 11. Confidentiality 11.1 The CKF recognizes the sensitive and serious nature of harassment and will strive to keep all matters relating to a complaint confidential. However, if required by law to disclose information, CKF will do so. It is also the policy of CKF to allow publication of the decision of the Panel, where the acts complained of constitute harassment and where the Panel directs publication as part of its decision. 12. Review 12.1 This policy will be reviewed by the Executive Committee on an annual basis, and revised as required. accepted: June, 2010 |