Rowing PEI
SAFE SPORT POLICY MANUAL
Introduction
Community is Our Strength
The success of the sport of rowing in Canada rests on community. Rowing Canada Aviron (RCA) is itself organized as an association, a legal relationship connecting a community of Member clubs and associations and governed by a board of directors, elected by the community. Every provincial association and club is a community of members, coaches, volunteers and other participants.
Like you, we love this sport and we commit to seek ways to foster a community where all individuals participate fully to the best of their ability and they, in turn, support their fellow community members.
RCA’s Commitment to Compliance with National Standards
RCA, as the national governing body for the sport of rowing, has a responsibility to ensure that its practices, procedures and policies comply with regulators at the federal level. Aligned with federal requirements, RCA adopted the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) in 2022. UCCMS is incorporated into this Safe Sport Policy Manual and will apply, as amended from time to time, to all Individuals and Members as a condition of their participation in the sport of rowing in Canada and/or their membership in RCA. Further, RCA is a signatory to Sport Integrity Canada (previously CCES), which has a mandate to receive and where it deems appropriate, investigate and adjudicate complaints of Maltreatment and/or Prohibited Behaviour for identified participants, volunteers and staff at the national level. Complaints and concerns for all other participants are received by the Independent Third Party (ITP) for Rowing who will apply the policies and procedures in this Manual.
RCA’s Support for a Culture of Safeguarding
Safeguarding all participants involves creating guidelines for people to follow through a variety of situations. Setting clear and consistent expectations for how members of the rowing community, at every level, are to interact, communicate and participate in the sport of rowing for the betterment of all participants in the Canadian rowing community is the driving force behind this Safe Sport Policy Manual (Manual).
This Manual is just one tool to support the rowing community in Canada as we strive to create a culture of safeguarding for all participants.
An Overview of How to Use this Manual
This Manual is a package of individual policies linked together with the same goal of creating and supporting safeguarding in rowing in Canada. Each policy meets a specific need and can stand alone. Several policies address guidelines for appropriate and inappropriate conduct while others provide procedures and processes regarding complaints or enquiries about potential inappropriate conduct and the related consequences. RCA recognizes that a policy manual cannot answer every question or concern. The language of the policies and procedures is complex as required to reflect the legal foundations underpinning the safe sport processes.
RCA is committed to ongoing review and improvement of the policies and changes in this version of the Manual are a result of feedback from the rowing community.
It should also be noted that certain policies found in this Safe Sport Manual also apply to matters beyond safe sport, for example, the Appeal Policy. RCA publishes certain policies on RCA’s website so that they are accessible and applicable in all relevant areas.
If you have questions about Safe Sport or the policies, we encourage you to reach out to the Safe Sport Lead in your province or at your individual rowing club.
TABLE OF CONTENTS
Rowing PEI
DEFINITIONS
The terms defined below shall apply to Rowing PEI policies included in this Rowing PEI Safe Sport Manual.
Effective date April 1, 2026
Archived date –
Date last reviewed
Scheduled review date
Replaces and/or amends Definitions in force as
Approved by and date Board of Directors,
Appendix(-ces) to this Policy
“Affected Party” – 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 under the Appeal Policy.
“Appeal Manager” – An individual appointed by Rowing PEI who may be any staff member, committee member, volunteer, director, or the Independent Third Party, to oversee the administration of the Appeal Policy. The Appeal Manager’s responsibilities shall include those as described in the Appeal Policy.
“Appellant” – The Party appealing a decision pursuant to the Appeal Policy.
“Athlete” – includes any Individual who is registered with RCA or Rowing PEI for either recreational or competitive purposes.
“Athlete Support Personnel” – any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel, parent, or any other person working with, treating, or assisting an Athlete participating in or preparing for sports competition.
“Board” – the Board of Directors of Rowing PEI, as applicable.
“Case Manager” – an independent individual appointed by RCA or a Provincial Rowing Association, as applicable, to fulfill the responsibilities described in the Complaints and Discipline Policy. In order to be appointed as a Case Manager, the individual must have relevant experience and skills to manage complaints and perform their duties, either as a legal practitioner or sport administrator.
“Complainant” – the Party making a complaint pursuant to the Complaints and Discipline Policy and as referred to in the Investigations Policy.
“Complaint Resolution Officer” – an individual appointed to handle the duties of the Complaint Resolution Officer as described in the Complaints and Discipline Policy.
“Criminal Record Check (CRC)” – A broad term that encompasses a variety of ways individuals can access an official copy of documentation related to criminal records across Canada.
“CSSP Participant” – An Individual affiliated with the Signatory who has been a) designated by Rowing Canada Aviron and b) who has signed the required consent form. CSSP Participants may include an Athlete, an official, an Athlete Support Personnel, an employee, a contractual worker, an administrator, or a volunteer acting on behalf of, or representing the Signatory in any capacity.
“CSSP Rules” – the rules adopted by Sport Integrity Canada that address the process by which Reports of Prohibited Behaviour are administered and enforced by Sport Integrity Canada and, where applicable, the SDRCC.
“Days” – calendar days
“Discrimination” – as defined in the UCCMS and as amended from time to time.
“Duty to Report” – as defined in the UCCMS, and as amended from time to time.
“Event” – An event sanctioned by RCA or a Member, including Rowing PEI, and which may include a social Event.
“Harassment” – A course of vexatious comment (or comments) or conduct against an Individual or group, irrespective of whether the comment or conduct occurs in person or via any other media, including social media, which is known or ought to reasonably be known to be unwelcome. Types of behaviour that constitute Harassment include, but are not limited to:
Written or verbal abuse, threats, or outbursts;
Persistent unwelcome remarks, jokes, comments, innuendo, or taunts;
Racial harassment, which is racial slurs, jokes, name calling, or insulting behaviour or terminology that reinforces stereotypes or discounts abilities because of racial or ethnic origin;
Leering or other suggestive or obscene gestures;
Condescending or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions;
Practical jokes which endanger a person’s safety, or which may negatively affect performance;
Hazing, which is any form of conduct which exhibits any potentially humiliating, degrading, abusive, or dangerous activity, which does not contribute to any Individual’s positive development, but is required to be accepted as part of a team or group, regardless of the Individual’s willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate or group member based on class, number of years on the team or with the group, or ability;
Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing;
Deliberately excluding or socially isolating a person from a group or team;
Persistent sexual flirtations, advances, requests, or invitations;
Physical or sexual assault;
Behaviours such as those described above that are not directed towards a specific person or group but have the same effect of creating a negative or hostile environment; and
Retaliation or threats of retaliation against a person who Reports harassment to RCA or to a Member.
“Independent Third Party” – the independent individual retained by RCA to receive complaints and to fulfill the responsibilities outlined in the Complaints and Discipline Policy, Investigation Policy and Appeal Policy, as applicable.
“Individuals” – refers to all categories of members and/or registrants defined in the By-laws of RCA or, as applicable, in the By-laws of Rowing PEI or any other Member, as well as all people employed by, contracted by, or engaged in activities with RCA, Rowing PEI or another Member including, but not limited to, employees, contractors, Athletes, Athlete Support Personnel, umpires, officials, volunteers, managers, administrators, parents or guardians, spectators, committee members or directors or officers
“Maltreatment” – as defined in the UCCMS, and as amended from time to time.
“Members” – Rowing Organizations, including Rowing Clubs Special Associations and Provincial Rowing Associations, as defined in RCA’s By-laws
“Minor” – any Individual who is under the age of majority at the time and in the jurisdiction where the alleged breach of any RCA, Rowing PEI or other Member’s policy has occurred. Adult Individuals are responsible for knowing the age of a Minor in the relevant jurisdiction and the age of majority in that relevant jurisdiction.
“Parties” – in the context of a complaint under the Complaints and Discipline Policy, the Complainant and Respondent; in the context of an appeal under the Appeal Policy, the Appellant, Respondent and Affected Party (or Parties).
“Person in Authority” – Any Individual who holds a position of authority within RCA, Rowing PEI or any other Member, including, but not limited to, Athlete Support Personnel, umpires, officials, managers, chaperones, committee members, and directors or officers. In addition to the responsibilities described for Individuals in the Code of Conduct and Ethics, a Person in Authority shall be responsible for knowing what constitutes Maltreatment and Prohibited Behaviour.
“Power Imbalance” – as defined in the UCCMS and as amended from time to time.
“Prohibited Behaviour” – as defined in the UCCMS and as amended from time to time.
“Prohibited Method” – as defined in the Canadian Anti-Doping Program, as amended from time to time by Sport Integrity Canada
“Prohibited Substance” – as defined in the Canadian Anti-Doping Program, as amended from time to time by Sport Integrity Canada
“Provisional Measure” – a temporary protective measure imposed by Sport Integrity Canada pending determination of a Report in accordance with the CSSP Rules.
“Provisional Suspension” – means that the Individual is barred temporarily from participating in in any capacity in any Event or activity of [Rowing PEI], RCA, and its Members, or as otherwise decided pursuant to the Discipline and Complaint Policy, prior to the decision rendered in a hearing conducted pursuant to the Complaints and Discipline Policy.
“Reporting (or Report)” as defined in the UCCMS and as amended from time to time.
“Respondent” – the Party responding to a complaint or investigation; or, in the case of an appeal, the body or organization whose decision is being appealed, or the Individual who was the subject of a decision that is being appealed.
“Sexual Maltreatment” – as defined in the UCCMS and as amended from time to time.
“Signatory” (or “Signatories”) – any sport organization that has adopted the CSSP pursuant to an Adoption Contract with Sport Integrity Canada, including Rowing Canada Aviron.
“Social Medium (Social Media)” – A form of electronic communication including websites for social networking and microblogging such as blogs, YouTube, Facebook, Instagram, Tumblr, Snapchat, Tik-Tok, and Twitter. Social Media is the plural of Social Medium representing all the platforms broadly.
“Sport Integrity Canada” – the body mandated to independently administer and enforce the UCCMS and Canadian Anti-Doping Program (CADP).
“Tampering” – as defined in the Canadian Anti-Doping Program, as amended from time to time by Sport Integrity Canada
“UCCMS” – the Universal Code of Conduct to Prevent and Address Maltreatment in Sport, as amended from time to time.
“Vulnerable Participant” –as defined in the UCCMS and as amended from time to time.
“Vulnerable Sector Check (VSC)” – a detailed check that includes a search of the RCMP Canadian Police Information Centre (CPIC) system, local police information, and the Pardoned Sex Offender database.
“Workplace” – Any place where Events, business or work-related activities are conducted. Workplaces include but are not limited to, the office or facilities of [Rowing PEI], work-related social functions, work assignments outside offices, work-related travel, the training and competition environment (wherever located), and work-related conferences or training sessions
“Workplace Harassment” – Vexatious comment(s) or conduct against a worker in a Workplace that is known or ought reasonably to be known to be unwelcome. Workplace Harassment should not be confused with legitimate, reasonable management actions that are part of the normal work/training function, including measures to correct performance deficiencies, such as placing someone on a performance improvement plan, or imposing discipline for workplace infractions. Types of behaviour that constitute Workplace Harassment include, but are not limited to:
Bullying;
Workplace pranks, vandalism, bullying or hazing;
Repeated offensive or intimidating phone calls, text messages or emails;
Inappropriate sexual touching, advances, suggestions or requests;
Displaying or circulating offensive pictures, photographs or materials in printed or electronic form;
Psychological abuse;
Excluding or ignoring someone, including persistent exclusion of a person from work-related social gatherings;
Deliberately withholding information that would enable a person to do his or her job, perform or train;
Sabotaging someone else’s work or performance;
Gossiping or spreading malicious rumours;
Intimidating words or conduct (offensive jokes or innuendos); and
Words or actions which are known or should reasonably be known to be offensive, embarrassing, humiliating, or demeaning.
“Workplace Violence” – the use of or threat of physical force by a person against a worker in a Workplace that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker in a Workplace that could cause physical injury to the worker; or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker in a Workplace that could cause physical injury to the worker. Types of behaviour that constitute Workplace Violence include, but are not limited to:
Verbal or written threats to attack;
Sending or leaving threatening notes, text messages or emails;
Physically threatening behaviour such as shaking a fist at someone, finger pointing, destroying property, or throwing objects;
Wielding a weapon in a Workplace;
Hitting, pinching or unwanted touching which is not accidental;
Dangerous or threatening horseplay;
Physical restraint or confinement;
Blatant or intentional disregard for the safety or wellbeing of others;
Blocking normal movement or physical interference, with or without the use of equipment;
Sexual violence; and
Any attempt to engage in the type of conduct outlined above.
For definitions found in the UCCMS, a current copy of the UCCMS can be found at:
https://sportintegrity.ca/sites/default/files/content/docs/2025-12/UCCMS-Final-E_0.pdf
Rowing Canada Aviron
ACRONYMS
The following is a guide to commonly used acronyms found in this Rowing PEISafe Sport Manual.
ADR – Alternative Dispute Resolution
CRC – Criminal Record Check – A broad term that encompasses a variety of ways individuals can access an official copy of documentation related to convictions across Canada.
CSSP – Canadian Safe Sport Program – Program name for Safe Sport systems set up by Sport Integrity Canada
E-PIC – Enhanced Police Information Check – A product available from Sterling Backcheck that is some cases meets requirements for CRC as listed within the Screening Policy
ITP – Independent Third Party
OSIC – Office of Sport Integrity Commissioner
PRA – Provincial Rowing Association
RCA – Rowing Canada Aviron
SDRCC – Sport Dispute Resolution Centre of Canada
UCCMS – Universal Code of Conduct to Prevent and Address Maltreatment in Sport
Rowing PEI
CODE OF CONDUCT AND ETHICS
Effective date
Archived date
Date last reviewed
Scheduled review date
Replaces and/or amends
Approved by and date
Appendix(-ces) to this Policy
Purpose
The purpose of this Code is to ensure a safe and positive environment within the programs, activities, and Events of Rowing PEIby making Individuals aware that there is an expectation, at all times, of appropriate behaviour consistent with the applicable organization’s core values and policies. Rowing PEIsupports equal opportunity, prohibit discriminatory practices, and is committed to providing an environment in which all Individuals can safely participate in our sport and are treated with respect and fairness.
Application of this Code
This Code applies to any Individual’s conduct during the business, activities, and Events of Rowing PEIincluding, but not limited to, competitions, practices, evaluations (including time trials or any other form of testing), treatment or consultations (e.g., massage therapy), training camps, travel associated with organizational activities, the office environment, and any meetings or social Events.
This Code also applies to Individuals’ conduct outside of the business, activities, and Events of Rowing PEIwhen such conduct adversely affects the organization’s relationships (and the work and sport environment) or is detrimental to the image and reputation of [Rowing PEI]. Such applicability will be determined by the Independent Third Party at its sole discretion.
This Code applies to Individuals active in the sport of rowing or who have retired from the sport of rowing where any claim regarding a potential breach of this Code occurred when the Individual was active in the sport.
In addition, breaches of this Code may occur when the Individuals involved interacted due to their mutual involvement in the sport of rowing or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Individual(s).
Any Individual who violates this Code may be subject to sanctions pursuant to the Complaints and Discipline Policy. In addition to facing possible sanctions pursuant to the Complaints and Discipline Policy, an Individual who violates this Code during a competition may be removed from the competition or training area, and the Individual may be subject to further sanctions.
UCCMS
Rowing PEIhas adopted the UCCMS which shall be incorporated into this Code by reference as if set out in full herein. Any modifications or amendments made to the UCCMS shall come into effect immediately upon their adoption, without the need for any further action by [Rowing PEI].
Responsibilities
All Individuals have a responsibility to:
Refrain from behaviour that constitutes Discrimination, Harassment, Workplace Harassment, Maltreatment and Prohibited Behaviour or Workplace Violence under this Code of Conduct and Ethics and the UCCMS
Maintain and enhance the dignity and self-esteem of other Individuals by:
Treating each other with the highest standards of respect and integrity;
Focusing comments or criticism appropriately and avoiding public criticism of Athletes, Athlete Support Personnel, umpires, officials, organizers, volunteers, employees, or other Individuals;
Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct;
Acting to correct or prevent practices that are unjustly discriminatory;
Consistently treating Individuals fairly and reasonably; and
Ensuring adherence to the rules of the sport and the spirit of those rules.
Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities
Adhere to all federal, provincial, municipal and host country laws.
Not consume alcohol, tobacco products, vaping products, cannabis, or other recreational drugs while participating in any RCA or Member programs, activities, Events or while in the Workplace of Rowing Canada Aviron or a Member. Individuals subject to the Canadian Anti-Doping Program or the anti-doping rules of any other Anti-Doping Organization with authority over the Individual must also comply with such rules in any of the aforementioned situations.
Notwithstanding Section 8e), in the context of a designated social Event, as permitted by provincial and other relevant laws, responsible consumption of legal substances is permitted in adult-oriented social Events, but reasonable steps must be taken to manage responsible consumption. However, there will be zero tolerance for excessive consumption, exhibiting inappropriate behaviour due to consumption of any legal substance, or any conduct that could violate the Canadian Anti-Doping Program or the anti-doping rules of any other Anti-Doping Organization with authority over the Individual.
Respect the property of others and not wilfully cause damage
Promote sport in the most constructive and positive manner possible
When driving a vehicle or operating a coach boat or safety launch:
As applicable, have a valid driver or operator’s licence (e.g., Pleasure Craft Operator Card issued by Transport Canada);
Obey traffic laws and Transport Canada regulations at all times;
Not be under the influence of alcohol, cannabis or illegal drugs or intoxicating substances;
Have valid insurance; and
Refrain from using a mobile device or engaging in any activity that would constitute distracted driving.
Refrain from engaging in deliberate cheating which is intended to manipulate the outcome of a competition or para-classification, and/or refrain from offering or receiving any benefit which is intended to manipulate the outcome of a competition. A benefit includes the direct or indirect receipt of money or other anything else of value, including, but not limited to, bribes, gains, gifts, preferential treatment, and other advantages.
Comply, at all times, with the by-laws, policies, procedures, and rules and regulations of Rowing PEIand those of any other sport organization with authority over the Individual, including RCA and the relevant Provincial Rowing Association, as applicable and as adopted and amended from time to time. Take time to be educated and understand the expectations associated with the relevant policies.
Directors, Committee Members, and Staff
In addition to the Individual’s responsibilities above, directors, committee members, and staff of Rowing PEIwill have additional responsibilities to:
When performing their role as a director or committee member or staff member of [Rowing PEI], ensure that they respect their duty of loyalty to [Rowing PEI], and refrain from engaging in any activity or behaviour that could constitute a conflict of interest. Disclose any conflict of interest, or perceived conflict of interest, that they may have to appropriate organization.
Ensure their loyalty prioritizes the interests of [Rowing PEI]
Act with honesty and integrity and conduct themselves in a manner consistent with the nature and responsibilities of the business and the maintenance of Individuals’ confidence
Ensure that financial affairs are conducted in a responsible and transparent manner with due regard for all fiduciary responsibilities
Conduct themselves openly, professionally, lawfully and in good faith
Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward, or fear of criticism
Behave with decorum appropriate to both circumstance and position
Exercise the degree of care, diligence, and skill required in the performance of their duties pursuant to applicable laws
Respect the confidentiality appropriate to issues of a sensitive nature
Respect the decisions of the majority and resign if unable to do so
Commit the time to attend meetings and be diligent in preparation for, and participation in, discussions at such meetings
Have knowledge and understanding of all relevant policies and procedures.
Athlete Support Personnel
In addition to the Individual’s responsibilities above, Athlete Support Personnel have many additional responsibilities. They must understand and respect the inherent Power Imbalance that exists in these relationships and must not abuse it, either consciously or unintentionally. Athlete Support Personnel will:
Avoid any behaviour that abuses the Power Imbalance inherent in an Athlete Support Personnel position to (i) establish or maintain a sexual relationship with an Athlete, or (ii) encourage inappropriate physical or emotional intimacy with an Athlete, regardless of the Athlete’s age.
Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability, and fitness level of the Athletes.
Prepare Athletes systematically and progressively, using appropriate time frames and monitoring physical and psychological adjustments while refraining from using training methods or techniques that may harm Athletes.
When requested, communicate and cooperate with sport medicine professionals in the diagnosis, treatment, and management of any Athlete’s medical situation.
Support the Athlete Support Personnel of a training camp, provincial team, or national team, should an Athlete qualify for participation with one of these programs.
Accept and promote Athletes’ personal goals and refer Athletes to other Athlete Support Personnel as appropriate.
Provide Athletes (and the parents/guardians of Minor Athletes) with the information necessary to be involved in the decisions that affect the Athlete.
Act in the best interest of the Athlete’s development as a whole person
Comply with all established responsibilities and obligations as set out by the professional’s governing body, if any.
Under no circumstances provide, promote, or condone the use of drugs (other than properly prescribed medications) or Prohibited Substances or Prohibited Methods and, in the case of minors, alcohol, cannabis, and/or tobacco.
Respect Athletes competing for other clubs, provinces or countries and, in dealings with them, not discuss topics or take actions which are deemed to be within the realm of ‘coaching’, unless after first receiving approval from the coaches who are responsible for the Athletes.
Not engage in a sexual or intimate relationship with an Athlete of any age in which the Athlete Support Personnel is in a position of trust or authority.
Recognize the power inherent as an Athlete Support Personnel and respect and promote the rights of all participants in sport. This is accomplished by establishing and following procedures for confidentiality (right to privacy), informed participation, and fair and reasonable treatment. Athlete Support Personnel have a special responsibility to respect and promote the rights of participants who are in a vulnerable or dependent position and less able to protect their own rights.
Dress appropriately.
Use inoffensive language, and take the audience being addressed into account (e.g., the age/maturity of the participants).
Athletes
In addition to the Individual’s responsibilities above, Athletes will have additional responsibilities to:
Adhere to their athlete agreement (if applicable)
Report any medical problems in a timely fashion, when such problems may limit their ability to travel, practice, or compete
Participate and appear on-time and prepared to participate to the best of their abilities in all competitions, practices, training sessions, and evaluations (including time controls or any other form of testing)
Properly represent themselves and not attempt to participate in a competition for which they are not eligible by reason of age, classification, or other reason
Adhere to any rules and requirements regarding clothing and equipment
Dress to represent the sport and themselves appropriately
Act in accordance with applicable policies and procedures and, when applicable, additional rules as outlined by Athlete Support Personnel.
Umpires
In addition to the Individual’s responsibilities above and those found in the RCA Rules of Racing, umpires will have additional responsibilities to:
Maintain and update their knowledge of the Rules of Racing and any rule changes
Not publicly criticize any Individual
Place the safety and welfare of competitors, and the fairness of the competition above all else
Strive to provide a fair sporting environment.
Work within the boundaries of their position’s description while supporting the work of other umpires and follow the direction of Chief Umpires
Act as an ambassador of the sport of rowing by agreeing to enforce and abide by national and provincial/territorial rules and regulations
Take ownership of actions and decisions made while umpiring
Respect the rights, dignity, and worth of all Individuals
Act openly, impartially, professionally, lawfully, and in good faith
Be fair, equitable, considerate, independent, honest, and impartial in all dealings with others
Respect the confidentiality required by issues of a sensitive nature, which may include discipline processes, appeals, and specific information or data about Individuals
Honour all assignments unless unable to do so by virtue of illness or personal emergency, in which case they must communicate their situation to the Individual(s) responsible for assignments as soon as possible, including, if already at a regatta, the Chief Umpire
When writing reports, set out the actual facts to the best of their knowledge and recollection
Dress in appropriate attire for umpiring
Never umpire at a Canadian regatta that is not sanctioned by RCA.
Where applicable, adhere at all times to the rules of World Rowing, as well as the rules of any other sport organization that has relevant and applicable authority over the umpire.
Parents/Guardians and Spectators
In addition to the Individual’s responsibilities above, parents/guardians and spectators at Events will, at all times:
Encourage Athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence
Condemn the use of violence in any form
Never ridicule a participant during a competition or practice
Respect the decisions and judgments of umpires and officials, and encourage Athletes to do the same
Support all efforts to eliminate verbal and physical abuse, coercion, intimidation, and sarcasm
Respect and show appreciation to all competitors, Athlete Support Personnel, umpires, officials and other volunteers
Never harass Individuals, competitors, Athlete Support Personnel, umpires, officials, parents/guardians, or other spectators
Never encourage, aid, cover up, or assist an Athlete in cheating through doping, competition manipulation, or other behaviours which may be considered cheating.
Anti-Doping
Rowing PEIshall adopt and adhere to the Canadian Anti-Doping Program. Rowing PEIwill respect any sanction imposed on any Individual as a result of a breach of the Canadian Anti-Doping Program or any other applicable anti-doping rules.
All Athletes shall:
Abstain from the non-medical use of medications or drugs or the use of Prohibited Substances or Prohibited Methods as listed on the version of the World Anti-Doping Agency’s Prohibited List currently in force.
All Individuals shall:
Refrain from associating with any person for the purpose of coaching, training, competition, instruction, administration, management, athletic development, or supervision, who has been found to have committed an anti-doping rule violation and is serving a period of ineligibility imposed pursuant to the Canadian Anti-Doping Program or any other applicable anti-doping rules.
Cooperate with any Anti-Doping Organization that is conducting an investigation into any anti-doping rule violation(s).
Refrain from any offensive conduct toward a Doping Control official or other individual involved in Doping Control, whether or not such conduct constitutes Tampering as defined in the Canadian Anti-Doping Program.
All Athlete Support Personnel or other Persons who are Using a Prohibited Substance or Prohibited Method without a valid and acceptable justification shall refrain from providing support to Athletes that fall under [Rowing PEI]’s jurisdiction.
Retaliation, Retribution or Reprisal
It is a breach of this Code of Conduct and Ethics for any Individual to engage in any act that threatens or seeks to intimidate another Individual with the intent of discouraging that Individual from filing, in good faith, a Report pursuant to any Rowing PEIpolicy, as applicable. It is also a breach of this Code of Conduct and Ethics for an Individual to file a Report for the purpose of retaliation, retribution or reprisal against any other Individual. Any Individual found to be responsible for this behaviour shall be liable for the costs related to the disciplinary process required to establish such a breach.
Privacy
The collection, use and disclosure of any personal information pursuant to this Policy is subject to [Rowing PEI]’s Privacy Policy.
[Rowing PEI]
PROTECTION POLICY
Effective date
Archived date –
Date last reviewed
Scheduled review date
Replaces and/or amends –
Approved by and date
Appendix(-ces) to this Policy Appendix A – Image Consent Form
Purpose
This Protection Policy describes how Persons in Authority shall maintain a safe sport environment for all.
Interactions between Persons in Authority and Athletes – the ‘Rule of Two’
Rowing PEIstrongly recommends the ‘Rule of Two’ for all Persons in Authority who interact with Athletes, whether in person or remotely (i.e., in virtual settings).
Rowing PEIrecognizes that fully implementing the ‘Rule of Two’, at the highest standard of two screened and trained Athlete Support Personnel in all circumstances, may not always be possible. Consequently, at a minimum, interactions between Persons in Authority and Athletes must respect the following:
The training and competition environments should be open to observation so that all interactions between Persons in Authority and Athletes and/or any Vulnerable Participants are observable.
Private or one-on-one situations must be avoided unless they are open and observable by another adult or Athlete.
Persons in Authority shall not invite or have a Vulnerable Participant (or Vulnerable Participants) in their home without the written permission and contemporaneous knowledge of the Vulnerable Participant’s parent or guardian.
Vulnerable Participants must not be in any situation where they are alone with a Person in Authority without another screened adult or Athlete present unless prior written permission is obtained from the Vulnerable Participant’s parent or guardian
Practices and Events
As it relates to practices and/or competitions, the following shall be respected:
A Person in Authority should never be alone with a Vulnerable Participant prior to or following a competition or practice unless the Person in Authority is the Vulnerable Participant’s parent or guardian.
If the Vulnerable Participant is the first Athlete to arrive, the Vulnerable Participant’s parent should remain until another Individual or Person in Authority arrives.
If a Vulnerable Participant would potentially be alone with a Person in Authority following a competition or practice, the Person in Authority should ask another Person in Authority (or a parent or guardian of another Athlete) to stay until all of the Athletes have been picked up. If an adult is unavailable, another Athlete, who is preferably not a Vulnerable Participant, should be present in order to avoid the Person in Authority being alone with a Vulnerable Participant.
Persons in Authority giving instructions, demonstrating skills, or facilitating drills or lessons to an individual Athlete should always do so in an open and observable environment.
If there is a concern with observing the Rule of Two, Persons in Authority and Athletes should take additional steps to achieve transparency and accountability in their interactions.
Communications
Communications between Persons in Authority and Athletes shall respect the following:
Group messages, group emails or team pages are to be used as the regular method of communication between Persons in Authority and Athletes
Persons in Authority may not communicate directly to individual Athletes except when necessary and only for communicating information related to team issues and activities (e.g., non-personal information). Any such texts, messages or emails shall be professional in tone and must be copied to another adult (preferably the Vulnerable Person’s parent(s)/guardian(s)) when the Athlete is a Vulnerable Participant.
Parents and guardians may request that their child not be contacted by a Person in Authority using any form of electronic communication and/or to request that certain information about their child may not be distributed in any form of electronic communications
All communication between a Person in Authority and Athletes must be between the hours of 6:00am and 11:00pm unless extenuating circumstances justify otherwise (e.g., cancelling an early morning practice)
Communications concerning drugs or alcohol use (unless regarding its prohibition) is not permitted
No sexually explicit language or imagery or sexually oriented conversation may be communicated by any medium
Persons in Authority and Athletes are not permitted to offer or ask one another to keep a secret for them for any unethical, inappropriate, prohibited, or improper purpose
Virtual settings
The Rule of Two shall apply to all Vulnerable Participants in a virtual environment. Specifically:
For Athletes under the age of 16, where possible, a parent/guardian should be present during any virtual session;
Two certified and screened Athlete Support Personnel should be present or one with another adult (parent, guardian, volunteer). One-on-one virtual sessions are prohibited;
Coaches, and, where relevant, other Athlete Support Personnel, shall be informed by Rowing PEIof the expected standards of conduct during virtual sessions;
Parents/guardians of Vulnerable Participants shall be informed by Rowing PEIof the activities that will take place during the virtual session, as well as the process of the virtual session;
Parents/guardians of Vulnerable Participants shall provide consent to the Vulnerable Participant participating in the virtual session, if irregularly scheduled, or prior to the first session if the sessions will take place on a regular basis;
Communications during virtual sessions shall take place in an appropriate open and observable environment. Sessions must be initiated in appropriate locations (i.e., not in personal or inappropriate locations such as bedrooms);
Unless otherwise prohibited by professional regulations or where an Athlete and/or Vulnerable Participant does not provide consent, virtual sessions between Persons in Authority and Athletes and/or Vulnerable Participant must be recorded whenever allowed by the technology being used;
Parents/guardians should debrief with Vulnerable Participants on a weekly basis regarding virtual sessions.
Travel
Any travel involving Persons in Authority and Athletes shall respect the following:
Teams or groups of Vulnerable Participants shall always have at least two Persons in Authority with them
For mixed gender teams or groups of Vulnerable Participants, there will be a mix of Persons in Authority acceptable to the Vulnerable Participants and their parents/guardians.
Screened parents or other volunteers will be available in situations when two Persons in Authority cannot be present
No Person in Authority may drive a vehicle with a Vulnerable Participant alone unless the Person in Authority is the Athlete’s parent or guardian
A Person in Authority may not share a room or be alone in a hotel room with an Athlete unless the Person in Authority is the Athlete’s parent or guardian
Room or bed checks during overnight stays must be done by two Persons in Authority
For overnight travel when Athletes must share a hotel room, roommates will be age-appropriate and, for Minors, shall be within two years of age of one another and of the same gender identity
Locker Room / Changing Areas
The following shall apply to locker rooms, changing areas, and meeting rooms:
Interactions (i.e., conversation) between Persons in Authority and Athletes should not occur in any room where there is a reasonable expectation of privacy such as a locker room, restroom or changing area unless there is an emergency. A second screened adult should be present for any necessary interaction between an adult and an Athlete in any such room. The Rule of Two must be respected.
If Persons in Authority are not present in the locker room or changing area, or if they are not permitted to be present, they should still be available outside the locker room or changing area where Vulnerable Participants are present and be able to enter the room or area if required, such as in an emergency.
Photography / Video
Any photograph or video involving Athletes shall respect the following:
Photographs and video may only be taken in public view, must observe generally accepted standards of decency, and be both appropriate for and in the best interest of the Athlete.
The use of recording devices in any location where there is a reasonable expectation of privacy is strictly prohibited.
Examples of photos that shall be edited or deleted include:
Images with misplaced apparel or where undergarments are showing
Suggestive or provocative poses
Embarrassing images
Individuals (or parent/guardian in case of a Minor) should sign an image consent form (as part of the registration process) that describes how an Individual’s image may be used by organization.
Without consent, Individuals may not be photographed or filmed; and no images of Individuals may be posted publicly or privately. If consent is given, it may be revoked at any time.
Physical Contact
It is recognized that some physical contact between Persons in Authority and Athletes may be necessary for various reasons including, but not limited to, teaching a skill or tending to an injury. Any physical contact shall respect the following:
Unless it is otherwise impossible because of serious injury or other justifiable circumstance, a Person in Authority must always clarify with an Athlete where and why any physical contact will occur prior to the contact occurring. The Person in Authority must make clear that they are requesting to touch the Athlete and not requiring physical contact prior to the contact occurring.
Infrequent, non-intentional physical contact during a training session is permitted
Hugs lasting longer than five seconds, cuddling, physical horseplay, and physical contact unrelated to teaching a skill or tending to an injury initiated by the Person in Authority is not permitted. It is recognized that some Athletes may initiate hugging or other physical contact with a Person in Authority for various reasons (e.g., such as crying or celebrating after a performance), but this physical contact may only occur in an open and observable environment and should be limited in duration.
Enforcement
Any alleged violations of this Protection Policy shall be addressed pursuant to [Rowing PEI]’s Complaints and Discipline Policy.
Privacy
The collection, use and disclosure of any personal information pursuant to this Policy is subject to [Rowing PEI]’s Privacy Policy.
Appendix A – Image Consent Form
I hereby grant to [Insert Name of Member organization(s)], and RCA and, as applicable, my Provincial Rowing Association (collectively the “Organizations”) on a worldwide basis, the permission to photograph and/or record the Participant’s image and/or voice on still or motion picture film and/or audio tape (collectively the “Images”), and to use the Images to promote the sport and/or the Organizations through traditional media such as newsletters, websites, television, film, radio, print and/or display form, and through social media such as Instagram, Facebook, YouTube, and Twitter. I understand that I waive any claim to remuneration for use of audio/visual materials used for these purposes. This consent will remain in effect in perpetuity; however, consent may be withdrawn by the Participant by the Participant notifying Rowing PEIof such withdrawal in writing.
I hereby fully release, discharge, and agree to save harmless the Organizations, for any and all claims, demands, actions, damages, losses or costs that might arise out of the collection, use or disclosure of the Images or taking, publication, distortion of the Images, negatives, and masters or any other likeness or representation of the Participant that may occur or be produced in the taking of said Images or in any subsequent processing thereof, including without limitation any claims for libel, passing off, misappropriation of personality or invasion of privacy.
I UNDERSTAND AND AGREE, that I have read and understood the terms and conditions of this document. On behalf of me, my heirs and assigns, I agree that I am signing this document voluntarily and to abide by such terms and conditions.
Signed at this______ day of _______________, 20__.
Print Name of Participant: ______________________________________________________
Signature of Participant: _______________________________________________________
Signature of Parent/Guardian (if Participant is younger than the age of majority):
______________________________________________________
[Rowing PEI]
SCREENING POLICY
Effective date
Archived date
Date last reviewed
Scheduled review date
Replaces and/or amends
Approved by and date
Appendix(-ces) to this Policy
Preamble
Rowing PEIunderstands that screening personnel and volunteers is a vital part of providing a safe sporting environment and has become a common practice amongst sport organizations that provide programs and services to the Canadian sport community, and specifically within rowing clubs and associations.
Application of this Policy
This Policy applies to all Individuals whose position with Rowing PEIis one of trust or authority which may relate to, at a minimum, finances, supervision, or Vulnerable Participants.
Not all Individuals associated with Rowing PEIwill be required to obtain a criminal record check or submit screening documents because not all positions pose a risk of harm to Rowing PEIor participants. Individuals will be subject to the screening requirements described in the Screening Requirements Matrix found in Appendix A of this Policy and shall comply with the screening application requirements as detailed therein.
Screening Delegate
The implementation of this Policy is the responsibility of an impartial individual that will function as the designated screener for all screening applications received pursuant to this Policy. This impartial individual (hereinafter referred to as the “Screening Delegate”) will possess the requisite skills, knowledge and abilities to appropriately assess screening documents and to render decisions under this Policy. They will be responsible for discretion and maintaining the confidentiality required of the role.
The Screening Delegate will carry out their duties in accordance with the terms of this Policy.
The Screening Delegate is responsible for reviewing all documents submitted with a screening application and, based on the review, making decisions regarding the related appropriateness of Individuals filling positions within [Rowing PEI]. In carrying out its duties, the Screening Delegate may consult with independent experts including lawyers, police, risk management consultants, volunteer screening specialists, or any other person.
Screening Requirements
A Screening Requirements Matrix is provided as Appendix A. All Individuals must comply with the requirements detailed therein associated with the highest role they are interested in attaining when first engaged by Rowing PEIand/or at any time a change in position results in a change in level within the matrix. All Individuals shall respect the renewal requirements indicated below.
If an Individual subsequently receives a charge, conviction for, or is found guilty of an offence they will report this circumstance immediately to [Rowing PEI]. Additionally, the Individual will inform the relevant organization of any changes in their circumstances that would alter their original responses in their Screening Disclosure Form.
If Rowing PEIlearns that an Individual has provided false, inaccurate, or misleading information, the Individual will immediately be removed from their position and may be subject to further discipline in accordance with the Complaints and Discipline Policy.
Procedure
Individuals must submit current versions of the screening documents indicated in Appendix A, according to the category in which they fall as designated by [Rowing PEI], to the Screening Delegate. Note that, for the purpose of this Policy, current is defined as within six months of the date of submission. Any information submitted shall be subject to [Rowing PEI]’s Privacy Policy, will only be viewed on a need-to-know basis, and will be protected in accordance with the relevant and applicable privacy legislation.
All positions are conditional on both the completion of the indicated screening activities in the matrix as well as an acceptance of the results of those activities. An Individual who refuses or fails to provide the necessary screening documents, or makes an incomplete application, will be ineligible for the position sought. The Individual will be informed by the Screening Delegate that their application and/or position will not proceed until such time as the screening documents are submitted.
Rowing PEIunderstands that there may be delays in receiving the results of a Criminal Record Check. At its discretion, the organization may permit the Individual to participate in the role during the delay, provided that the Individual has submitted proof that they have initiated the application process. This permission may be withdrawn at any time and for any reason.
Rowing PEIrecognizes that different information will be available depending on the type of screening document that the Individual has submitted. The Screening Delegate will use their expertise and discretion when making decisions based on the screening documents that have been submitted.
The Screening Delegate will review all Level 1 and Level 2 screening applications, including any supporting documents and shall make a decision as indicated below. For Level 3 screening applications, the Screening Delegate will only review cases where the Individual has made a declaration in their disclosure form that may impact whether they can participate in the desired position.
Following the review of any Level 1 and Level 2 screening applications, the Screening Delegate will decide whether:
The Individual has passed screening and may be considered for the desired position;
The Individual has passed screening and may be considered for the desired position with conditions;
The Individual has not passed screening and may not be considered for the desired position; or
More information is required from the Individual.
In making its decision, and where relevant, the Screening Delegate will consider the type of offence, date of offence, and relevance of the offence to the position sought.
The Screening Delegate must decide that an Individual has not passed screening if the screening documentation reveals any of the following:
If, in the last three years, the Individual has committed:
Any offence of assault, physical or psychological violence or
Any offence involving trafficking and/or possession of drugs and/or narcotics or
Any offence involving theft or fraud.
If the Individual has committed, at any time:
Any offence involving a Minor or Minors, or
Any offence involving the possession, distribution, or sale of any child-related pornography, or
Any sexual offence, or
Behaviour resulting in any sanctions due to breach of the UCCMS imposed by a Rowing Canada discipline panel, or by Abuse-Free Sport, preventing the Individual from participating in Canadian sport in accordance with the sanction.
Notwithstanding above, the Screening Delegate may also decide that an Individual has either not passed screening, or has passed screening with conditions (e.g., must not drive with other Individuals as passengers) if the screening documentation reveals any offence involving the use of a motor vehicle that constitutes an offence under the Criminal Code.
Conditions and Monitoring
Excluding the incidents above which, if revealed, would cause the Individual to not pass screening, the Screening Delegate may determine that incidents revealed on an Individual’s screening documents may allow the Individual to pass the screening process and participate in a desired position with conditions imposed. The Screening Delegate may apply and remove conditions at its discretion and will determine the means by which adherence to conditions may be monitored.
Minors
When screening Minors, Rowing PEIwill:
Not require the Minor to obtain a Criminal Record Check; and
In lieu of obtaining a Criminal Record Check, require the Minor to submit up to two (2) additional references.
Notwithstanding the above, Rowing PEImay ask a Minor to obtain a Criminal Record Check if the organization suspects the Minor has received an adult sentence under the Youth Criminal Justice Act. In these circumstances, the organization will be clear in its request that it is not asking for the Minor’s youth record. Rowing PEIunderstands that they may not request to see a Minor’s youth record.
Renewal
Unless the Screening Delegate determines, on a case-by-case basis, to modify the submission requirements, Individuals who fall within Level 1,2 or 3, on the Screening Matrix are required to renew their screening by submitting the following documents:
Every Third Year – A Screening Disclosure Form and a current Criminal Record Check
Annually, in any year when the above is not completed – A Screening Renewal Form
The Screening Delegate may request that an Individual provide any of the above documents at any time. Such request will be in writing and reasons will be provided for the request.
Records
All records will be maintained in a confidential manner and will not be disclosed to others except as required by law, or for use in legal, quasi-legal, or disciplinary proceedings. This includes protecting all records in accordance with the relevant and applicable privacy legislation.
The records kept as part of the screening process include but are not limited to:
That the Individual’s Criminal Record check was viewed (for a period of three years)
An Individual’s Screening Disclosure Form (for a period of three years)
An Individual’s Screening Renewal Form (for a period of one year)
Records of any conditions attached to an Individual’s registration by the Screening Delegate
Records of any discipline applied to any Individual by RCA, by a Member, or by another sport organization
Privacy
The collection, use and disclosure of any personal information pursuant to this Policy is subject to [Rowing PEI]’s Privacy Policy.
Rowing PEIor any of its delegates pursuant to this Policy (i.e., Screening Delegate) shall comply with [Rowing PEI]’s Privacy Policy in the performance of their services under this Policy.
Appendix A – Screening Requirements Matrix
Organizations should assess the level of risk of every role based on the position of authority that the role puts a person in, the participants over whom they will have authority, and the behaviours expected in the role they will be put in to determine where each position in the organizations falls within the matrix.
DescriptionRequirementsExamples
Level 1 Individuals who have frequent or unsupervised access to Vulnerable Participants
Individual that holds a decision-making position, involved in high-risk assignments, occupies position of trust and/or authority, has a supervisory role, directs others, or involved with finances. Complete an application form and interview process
Complete a Screening Disclosure Form
Provide current CRC*
Provide two references related to the position
Demonstrate safe sport understanding.
Provide a driver’s abstract, if relevant to position Senior organizational staff; full-time Athlete Support Personnel; Athlete Support Personnel that travel with athletes; Athlete Support Personnel that could be alone with athletes
Level 2 Individuals with direct Athlete contact; Individuals involved in medium risk assignments who may be in a supervisory role, may direct others, may be involved with finances, and/or who may have limited access to Vulnerable Participants Complete an application form and interview process
Complete a Screening Disclosure Form
Provide current CRC*
Provide two references related to the position
Demonstrate safe sport understanding.
Provide a driver’s abstract, if relevant to the position Board Officers; management staff; Athlete Support Personnel who are typically under the direct supervision of another Athlete Support Personnel; Officials in leadership roles; Event organizing committee chairs
Level 3 Individuals with no direct contact with athletes, involved in low risk assignments who are not in a supervisory role, not directing others, not involved with finances, and/or do not have unsupervised access to Vulnerable Participants Complete an Application Form and interview
Complete a Screening Disclosure Form
Be informed any relevant requirements of Protection Policy Certain staff and board members, certain volunteers who are not working with Vulnerable Participants. Parents, youth, or volunteers who are helping out on a non-regular or informal basis
Level 4 Individuals who support activities on a one time, or irregular basis. They play an important but supportive role. Removed from interactions with athletes Full Name & Contact Information provided
Be informed any relevant requirements of Protection Policy An event volunteer who offers to help, recruited to pitch in for short specific task. Someone known to the organization who shows up to lend a hand.
Acceptable Criminal Record Checks:
Level 1
If born before March 12, 1994 – Vulnerable Sector Check from police jurisdiction where Individual resides
If born after March 12, 1994, – Criminal Record Check that includes Judicial Matters under whatever name that is referred to in the jurisdiction the Individual resides. An EPIC by Sterling Backcheck is deemed equivalent.
Level 2
Criminal Record Check that includes Judicial Matters under whatever name that is referred to in the jurisdiction the Individual resides. An EPIC by Sterling Backcheck is deemed equivalent.
[Rowing PEI]
SOCIAL MEDIA POLICY
Effective date
Archived date
Date last reviewed
Scheduled review date
Replaces and/or amends
Approved by and date
Appendix(-ces) to this Policy
Preamble
Rowing PEIis aware that Individual interaction and communication occurs frequently on social media. Rowing PEIcautions Individuals that any conduct falling short of the standard of behaviour required by this Social Media Policy and the Code of Conduct and Ethics may be subject to the disciplinary sanctions identified within the Complaints and Discipline Policy.
Application of this Policy
This Policy applies to all Individuals and [Rowing PEI].
Conduct and Behaviour
For the avoidance of doubt, the following social media conduct may be subject to disciplinary action in accordance with the Complaints and Discipline Policy:
Posting a disrespectful, hateful, harmful, disparaging, insulting, or otherwise negative comment on a Social Medium that is directed at an Individual, [Rowing PEI], RCA, or other Members, or at other individuals connected with [Rowing PEI], RCA or a Member.
Posting a picture, altered picture, or video on a Social Medium that is harmful, disrespectful, insulting, or otherwise offensive, and that is directed at an Individual, [Rowing PEI], RCA, or other Members, or at other individuals connected with [Rowing PEI], RCA or a Member.
Creating or contributing to a Facebook group, webpage, Instagram account, Twitter feed, blog, or online forum devoted solely or in part to promoting negative or disparaging remarks or commentary about, [Rowing PEI], RCA or other Members, their stakeholders, or their reputation.
Inappropriate personal or sexual relationships over a Social Medium between Individuals who have a Power Imbalance in their interactions, such as between Athletes and Athlete Support Personnel, Directors and Officers, committee members and employees/volunteers, umpires, officials and Athletes, etc.
Any instance of cyber-bullying or cyber-harassment between one Individual and another Individual, where incidents of cyber-bullying and cyber-harassment can include but are not limited to the following conduct on any Social Medium, via text-message, or via email: regular insults, negative comments, vexatious or unwelcome behaviour, pranks or jokes, threats, posing as another person, spreading rumours or lies, or other harmful behaviour.
Any instance in which a Social Medium has been a vehicle in violating confidentiality obligations related to any complaints and/or investigations.
All conduct and behaviour occurring on a Social Medium may be Reported pursuant to the Complaints and Discipline Policy.
Individuals’ Responsibilities
Individuals acknowledge that their social media activity may be viewable and viewed by anyone, including [Rowing PEI], RCA, other Members, or other Individuals.
If Rowing PEIunofficially engages with an Individual in social media (such as by retweeting a tweet or sharing a photo on Facebook) the Individual may, at any time, ask Rowing PEIto cease this engagement.
When using social media, an Individual must model appropriate behaviour befitting the Individual’s role and status in connection with [Rowing PEI].
Removing content from social media after it has been posted (either publicly or privately) does not excuse the Individual from being subject to the Complaints and Discipline Policy.
An Individual who believes that another Individual’s social media activity is inappropriate or may violate the policies and procedures of Rowing PEIshould Report the matter in the manner outlined by the Complaints and Discipline Policy.
Privacy
The collection, use and disclosure of any personal information pursuant to this Policy is subject to [Rowing PEI]’s Privacy Policy.
[Rowing PEI]
COMPLAINTS AND DISCIPLINE POLICY
Effective date
Archived date
Date last reviewed
Scheduled review date
Replaces and/or amends
Approved by and date
Appendix(-ces) to this Policy
Purpose
Individuals are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the policies, By-laws, rules and regulations of Rowing PEIas applicable and as amended from time to time. Non-compliance may result in the imposition of sanctions pursuant to this Policy.
Application of this Policy
This Policy applies to all Individuals and to any alleged breaches of [Rowing PEI]’s policies, by-laws, rules or regulations.
This Policy applies to matters that may arise during the business, activities, and Events of Rowing PEIincluding, but not limited to, competitions, on and off water training, evaluations (including time trials or any other form of testing), treatment or consultations (e.g., massage therapy), training camps, travel associated with Rowing PEIactivities, and any meetings.
This Policy also applies to Individuals’ conduct outside of the business, activities, and Events of Rowing PEIwhen such conduct adversely affects [Rowing PEI]’s relationships (and the work and sport environment) or is detrimental to the image and reputation of [Rowing PEI], or upon the acceptance of the Independent Third Party.
Without limiting the generality of the foregoing, this Policy applies to alleged breaches of the Code of Conduct and Ethics by Individuals who have retired from the sport of rowing where any claim regarding a potential breach of the Code of Conduct and Ethics occurred when the Individual was active in the sport. In addition, this Policy will apply to breaches of the Code of Conduct and Ethics that occurred when the Individuals involved interacted due to their mutual involvement in the sport of rowing or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Individual(s).
If an Individual makes a complaint or Reports an incident that occurred at a time during which a different policy was in force, the matter will be governed by the substantive rules in the policy in force at the time that the incident occurred to determine whether an offence or breach of the policy has occurred, unless the panel hearing the matter determines that the principle of lex mitior (allowing new (substantive) policies to be applied where they are more favourable to the Respondent than the policies in force at the time) applies to the circumstances of the case; however, for such cases, this Policy will apply retroactively, prior to its approval date, as it relates to procedural matters.
Applicability of this Policy will be determined by the Independent Third Party at their sole discretion and shall not be subject to appeal.
In addition to being subject to disciplinary action pursuant to this Policy, an employee of Rowing PEIwho is a Respondent to a Report may also be subject to additional consequences in accordance with the employee’s employment agreement, if applicable, or [Rowing PEI]’s human resources or other applicable policies.
Rowing PEIwill adhere to all disclosure and reporting responsibilities required by any government entity, local police force, or child protection agency.
Minors
Complaints may be brought for or against an Individual who is a Minor. Minors must have a parent/guardian or other adult serve as their representative during this process. 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.
Communication from the Independent Third Party, Case Manager, Complaint Resolution Officer or discipline panel, as applicable, must be directed to the Minor’s representative.
Any Individual who Reports or brings a complaint on behalf of a Minor that involves known or suspected abuse, neglect or Maltreatment of a Minor that is not Reported to Sport Integrity Canada pursuant to Sections 12-14 below must also Report this to local child welfare services, the applicable provincial or territorial social service ministries or departments, or local police.
A Minor is not required to attend an oral hearing, if held, or participate in an investigation if conducted. In such circumstances, no adverse inference can be drawn against the Minor.
Reporting a Complaint
CSSP Participants
Any incident that involves alleged Maltreatment or Prohibited Behaviour involving a CSSP Participant must be reported to Sport Integrity Canada and will be addressed pursuant to the CSSP Rules and any related policies and procedures.
Sport Integrity Canada shall determine the admissibility of Reports in accordance with the CSSP Rules.
If the Independent Third Party receives a complaint that they consider would otherwise fall within the above sections, they shall refer the matter to Sport Integrity Canada and notify the Individual(s) that made the complaint of such action.
Individuals
Any complaints involving alleged breaches of Rowing PEIpolicies that do not fall within Section 12 above may be Reported in writing by an Individual (or Individuals) to RCA’s identified Independent Third Party within fourteen (14) days of the occurrence of the incident. For the avoidance of doubt, this includes Reported complaints referred back to the Independent Third Party by Sport Integrity Canada following a determination made by Sport Integrity Canada that a complaint initially reported to it does not fall within its jurisdiction. Sport Integrity Canada is not required to comply with the deadline specified in this Section.
A Complainant who fears retribution or reprisal or who otherwise considers that their identity must remain confidential may Report a complaint to the Independent Third Party and request that their identity be kept confidential. If the Independent Third Party considers that the Complainant’s identity must remain confidential, the Independent Third Party may ask that the relevant Provincial Rowing Association take carriage of the complaint and act as the Complainant as laid out below.
If the Independent Third Party considers that it is unnecessary to keep the Complainant’s identity confidential, they shall inform the Complainant, who may decide whether or not to pursue the Reported complaint. However, the Independent Third Party may not reveal the identity of the Complainant unless the Complainant expressly informs them of their desire to pursue the complaint and has indicated, in writing, their approval to have their identity divulged.
Notwithstanding any provision in this Policy, RCA or a Member may, at their discretion, or upon request by the Independent Third Party in accordance with Section 16 above, act as the Complainant and initiate the complaint process under the terms of this Policy. In such cases, Rowing Canada or the Member (as applicable) will identify an Individual to represent the organization, unless the relevant Provincial Rowing Association is acting as the Complainant pursuant to Section 16.
Independent Third Party Responsibilities
Upon receipt of a Reported complaint from an Individual (or Individuals), or Sport Integrity Canada, the Independent Third Party shall:
determine whether the complaint falls within the jurisdiction of this Policy;
if it can be accepted pursuant to procedures for reporting a complaint as described above; and
whether it is either a frivolous or vexatious complaint, or if it has been made in bad faith.
If the Reported complaint is not accepted by the Independent Third Party for any of the aforementioned reasons, the Independent Third Party shall inform the Complainant and provide the reasons for which the complaint was not accepted. If the Reported complaint is accepted by the Independent Third Party, the Independent Third Party shall proceed to make the determinations indicated below and notify the Parties accordingly that the Reported complaint has been accepted.
In cases where the Independent Third Party receives a complaint or Report involving known or suspected abuse, neglect or Maltreatment of a Minor where there Is a Duty to Report, they shall Report this to local child welfare services, the applicable provincial or territorial social service ministries or departments, or local police. The Independent Third Party shall not be responsible for fulfilling the aforementioned obligation if the Individual making the complaint or filing the Report confirms in writing that they have already Reported to any such authorities.
If a Reported complaint has been accepted by the Independent Third Party pursuant to Section 19 above, the Independent Third Party shall determine whether the Reported incident has occurred within the [Rowing PEI], relevant Provincial Rowing Association, or RCA’s business, activities or Events as described in Section 3 above. If the incident has occurred outside of the business, activities or Events of any of these organizations, the Independent Third Party will determine which organization’s relationships are adversely affected or which organization’s image or reputation will be detrimentally affected by the incident as described in Section 4 above, or if the breach has had a serious and detrimental impact on the Individual(s), as described in Section 5 above.
Rowing PEIwill only handle Reported complaints in relation to incidents that fall within their business, activities or Events, or, if the incident has occurred outside of the business, activities or Events of Rowing PEIbut will adversely affect its relationships or detrimentally affect its image or reputation, if the Reported complaint alleges any of the incidents listed in Section 23 below. Any complaints involving incidents that fall within [Rowing PEI]’s business, activities or Events, or outside [Rowing PEI]’s business, activities or Events but that adversely affect its relationships or detrimentally affect its image or reputation and that fall within Section 24 below will be handled by [Rowing PEI]’s Provincial Rowing Association .
The Independent Third Party shall direct a Reported complaint to be managed by a designated Complaint Resolution Officer for Rowing PEI(if and as applicable pursuant to Sections 21 and 22 above) if the Complainant alleges that any of the following incidents have occurred:
Disrespectful conduct or behaviour
Minor acts of physical violence, unless the physical violence is between a Person in Authority and a Vulnerable Participant, in which case the matter will fall under Section 24 below
Conduct contrary to the values of [Rowing PEI]
Non-compliance with [Rowing PEI]’s policies, procedures, rules, or regulations
Minor violations of the Code of Conduct and Ethics, Social Media Policy, Athlete Protection Policy or the Rules of Racing
The Independent Third Party shall direct a Reported complaint to be managed by the Case Manager appointed by the relevant Provincial Rowing Association (if and as applicable pursuant to Sections 21 and 22 above, but subject to Sections 12-14) if the Complainant alleges that any of the following incidents have occurred:
Repeated incidents pursuant to Section 23
Abusive, racist, or sexist comments, conduct or behaviour
Any incident of hazing
Behaviour that constitutes abuse, Prohibited Behaviour, Workplace Harassment or Harassment
Major incidents of physical violence (e.g., fighting, attacking)
Pranks, jokes, or other activities that endanger the safety of others
Conduct that intentionally interferes with a competition or with any Athlete’s preparation for a competition
Conduct that intentionally damages [Rowing PEI]’s image, credibility, or reputation
Consistent disregard for [Rowing PEI]’s by-laws, policies, rules, and regulations
Major or repeated violations of the Code of Conduct and Ethics, the UCCMS, Social Media Policy, Athlete Protection Policy or the Rules of Racing
Intentionally damaging [Rowing PEI]’s property or improperly handling the organization’s monies
Abusive use of alcohol or any other intoxicating substance, any use or possession of alcohol or any other intoxicating substance by Minors, or use or possession of illicit drugs and narcotics
A conviction for any Criminal Code offence.
In exceptional circumstances, the Independent Third Party may direct a Reported complaint to be managed by RCA or the relevant Provincial Rowing Association if Rowing PEIis otherwise unable to manage the complaint for valid and justifiable reasons, such as a conflict of interest, a lack of capacity or where Rowing PEIdoes not have policies in place or jurisdiction to address the Reported complaint. In such circumstances, RCA or the relevant Provincial Rowing Association shall have the right to request a cost-sharing agreement with[Rowing PEI].
Where the Independent Third Party refers a matter to be managed by [Rowing PEI], or where Rowing PEIis responsible for managing a matter, and Rowing PEIfails to conduct disciplinary proceedings within a reasonable timeline, RCA or the relevant Provincial Rowing Association may, at their discretion, take jurisdiction over the matter and conduct the necessary proceedings. In such circumstances, if the Complaints Resolution Officer or discipline panel decides that RCA or the relevant Provincial Rowing Association acted reasonably in taking jurisdiction over the matter, RCA or the relevant Provincial Rowing Association’s costs to conduct the proceedings, including legal fees, shall be reimbursed by Rowing PEIto RCA or the relevant Provincial Rowing Association.
Investigations
In exceptional circumstances, and only when the Independent Third Party considers that the conditions indicated in this section have been satisfied, the Independent Third Party may determine that a Reported incident requires further investigation by an independent third-party investigator. The Independent Third Party will direct that an investigation be conducted:
Only if the Reported incident falls within Section 24 above;
In accordance with and by an independent investigator appointed pursuant to the Investigations Policy – Discrimination, Harassment and Prohibited Behaviour
Where the Independent Third Party considers that there is a need for an independent assessment to determine whether an allegation (or where there are several allegations, which allegations) should be heard by a discipline panel pursuant to this Policy because they constitute if found to be true a likely breach of the Code of Conduct and Ethics, the Social Media Policy, the Protection Policy, or any other relevant and applicable Rowing PEIpolicy, or whether the allegations are frivolous, vexatious or made in bad faith; and
For the purpose of making non-binding recommendations to the Independent Third Party so that they may discharge their responsibilities pursuant to this Policy.
If the Independent Third Party considers that an independent investigation must be conducted for the reasons mentioned above, the investigation shall be conducted before any disciplinary procedures are commenced pursuant to this Policy; however, when an investigation is conducted and where it is necessary in the circumstances, a Provisional Suspension or interim measures may be imposed in accordance with the guidelines below.
Upon receipt of the investigator’s report, the Independent Third Party shall determine whether the matter will proceed pursuant to procedures for cases handled by a Case Manager and discipline panel below and shall inform the Parties and [Rowing PEI], RCA, or the relevant Provincial Rowing Association (as applicable).
If the Independent Third Party does not consider that an independent investigation is necessary and the Reported complaint has been accepted pursuant to Section 19, the matter shall proceed pursuant to procedures below.
Provisional Suspensions
For Reported incidents that fall within Section 24 above, if it is considered appropriate or necessary on the basis of the circumstances, immediate discipline or the imposition of a Provisional Suspension or interim measures may be imposed against any Individual by the Chair/President of Rowing PEI(or their designate) following which further discipline or sanctions may be applied according to this Policy. Provisional Suspensions or interim measures are ordinarily only imposed upon the recommendation of the Independent Third Party. However, where time constraints require otherwise, a Provisional Suspension or interim measures may be imposed without first seeking a recommendation from the Independent Third Party.
If an infraction occurs at a competition, it will be dealt with by the procedures specific to the competition, if applicable. Provisional Suspensions or interim measures may be imposed for the duration of a competition, training, activity, or Event only, or as otherwise determined appropriate by the Chair/President of Rowing PEI(or their designate).
Notwithstanding the above, Rowing PEI may determine that an alleged incident is of such seriousness as to warrant the imposition of a Provisional Suspension of a Respondent pending completion of an investigation, assessment and/investigation by Sport Integrity Canada, criminal process, the hearing, or a decision of the discipline panel. For the avoidance of doubt,Rowing PEImay impose additional interim measures or a Provisional Suspension in addition to any Provisional Measures imposed by Sport Integrity Canada pursuant to the CSSP Rules.
Any Respondent against whom a Provisional Suspension or interim measure is imposed may make a request to the Independent Third Party or discipline panel (if appointed) to have the Provisional Suspension or interim measure lifted. In such circumstances, Rowing PEIshall be provided with an opportunity to make submissions, orally or in writing, regarding the Respondent’s request to have their Provisional Suspension lifted. Provisional Suspensions or interim measures shall only be lifted in circumstances where the Respondent establishes that it would be manifestly unfair to maintain the Provisional Suspension or interim measures against them.
The Independent Third Party will make a determination as part of their recommendations regarding the need and appropriateness of disclosure for any Provisional Measures and/or Provisional Suspension.
Any decision not to lift a Provisional Suspension or interim measure shall not be subject to appeal.
Complaint Handled by Complaints Resolution Officer
Following the Independent Third Party’s determination that the Reported complaint or incident shall be managed by a Complaint Resolution Officer pursuant to Section 23 above, Rowing PEIwill appoint a Complaint Resolution Officer. The Complaint Resolution Officer appointed to handle a Reported complaint or incident must be unbiased and not in a conflict of interest situation.
The Complaint Resolution Officer will ask the Complainant and the Respondent for either written or oral submissions regarding the Reported complaint or incident. Both Parties shall also have the right to submit to the Complaint Resolution Officer any relevant evidence, including, but not limited to witness statements, documentary evidence or evidence from other media (i.e., photos, screenshots, videos or other recordings). The process may proceed if a Party chooses not to participate in a submission unless the Complaint is withdrawn by the Complainant(s).
Each Party shall have the right to receive the other Party’s submissions and evidence, including the Complainant’s complaint. If the matter before the Complaint Resolution Officer involves a Complainant who wishes to keep their identity confidential, the Complaint Resolution Officer may redact documents as they consider reasonably necessary to protect the confidentiality of the Individual, but only to the extent that any redactions do not compromise the Respondent’s procedural fairness rights. In the case of oral submissions, each Party shall have the right to be present when such submissions are made.
Following receipt of the Parties’ submissions, the Complaint Resolution Officer may convene the Parties to a meeting, either in person or by way of video or teleconference in order to ask the Parties questions and/or, if permitted by the Complaint Resolution Officer, to allow the Parties to ask questions of one another.
Following their review of the submissions and evidence related to the Reported complaint or incident, the Complaint Resolution Officer shall determine if any of the incidents listed in Section 23 above have occurred and, if so, if one or more of the following sanctions should be applied:
Verbal or written reprimand
Verbal or written apology
Service or other contribution to [Rowing PEI]
Removal of certain privileges
Suspension from certain teams, Events, and/or activities
Suspension from certain activities for a designated period
Education or training opportunities
Any other sanction considered appropriate for the offence
If, after hearing the Parties and reviewing their submissions, the Complaint Resolution Officer considers that none of the incidents listed in Section 23 above have occurred, they shall dismiss the Reported complaint.
The Complaint Resolution Officer will inform the Parties of their decision, in writing and with reasons. Any sanction imposed shall take effect upon the Parties’ receipt of the decision. Should the circumstances require a decision to be rendered immediately or within a short timeline, the Complaint Resolution Officer may render a short decision, either orally or in writing, followed by a written reasoned decision.
Any decision rendered by the Complaint Resolution Officer shall be provided to and maintained in the records of [Rowing PEI], its Provincial Rowing Association, RCA, and the Independent Third Party. Decisions will be kept confidential by the Parties and the aforementioned organizations and shall be retained and discarded in accordance with the relevant and applicable privacy legislation.
In fulfilling its duties, the Complaint Resolution Officer may obtain independent confidential advice.
Appeals – Complaint Resolution Officer Decisions
Decisions made by the Complaint Resolution Officer may be appealed by the Complainant(s) or Respondent(s) in accordance with the relevant and applicable process described in the Appeal Policy.
Handled by Discipline Panel
Case Manager
If the Independent Third Party determines that the Reported complaint or incident should be handled by the relevant Provincial Rowing Association pursuant to Section 24 above, that Provincial Rowing Association shall appoint a Case Manager to fulfil the responsibilities listed below. In such instance, any reference to Case Manager below shall be understood as a reference to the relevant Provincial Rowing Association’s Case Manager.
Following the Independent Third Party’s determination that the Reported complaint or incident should be handled by the relevant Provincial Rowing Association pursuant to Section 24 above, the appointed Case Manager will have the responsibility to:
Propose the use of the Dispute Resolution Policy (if considered appropriate in the circumstances)
Appoint the discipline panel, if necessary
Coordinate all administrative aspects and set timelines
Provide administrative assistance and logistical support to the discipline panel as required, including providing the discipline panel with any information related to previously established infractions committed by the Respondent(s) of the policies of [Rowing PEI], RCA, any Member, or any other sport organization that had authority over the Respondent
Provide any other service or support that may be necessary to ensure a fair and timely proceeding
Procedures
The Case Manager will establish and adhere to timelines that ensure procedural fairness and that the matter is heard in a timely fashion.
If appropriate in the circumstances, the Case Manager will propose that the Parties use the Dispute Resolution Policy with the objective of resolving the dispute. If applicable, and if the dispute is not resolved, or if the Parties refuse to use the Dispute Resolution Policy, the Case Manager will appoint a discipline panel, which shall consist of a single arbitrator, to hear the Reported complaint. In extraordinary circumstances, and at the discretion of the Case Manager, a discipline panel of three persons may be appointed to hear the complaint. In this event, the Case Manager will appoint one of the discipline panel’s members to serve as the Chair.
The Case Manager, in cooperation with the discipline panel, will then decide the format under which the Reported complaint will be heard. This decision may not be appealed.
The format of the hearing may be an oral in-person hearing, an oral hearing by telephone or other communication medium, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the Case Manager and the discipline panel deem appropriate in the circumstances, provided that:
The discipline panel determines procedures and timelines, as well as a hearing duration, that is as expedient and cost-efficient as possible in order to ensure that costs to the Parties and the relevant Provincial Rowing Association are reasonable
The Parties will be given appropriate notice of the day, time, and place of the hearing, in the case of an oral in-person hearing or an oral hearing by telephone or other communication medium
Copies of any written documents which the Parties wish to have the discipline panel consider will be provided to all Parties, through the Case Manager, in advance of the hearing
The Parties may engage a representative, advisor, translator, transcription services, or legal counsel at their own expense
The discipline panel may request that any other Individual participate and give evidence at the hearing
If not a Party, Rowing PEIand/or the relevant Provincial Rowing Association shall be allowed to attend the hearing as an observer and will be provided with access to any documents submitted. With the permission of the discipline panel, Rowing PEIand/or the relevant Provincial Rowing Association may make submissions at the hearing or may provide the discipline panel with clarifying information that may be required for the panel to render its decision.
The discipline panel may exclude any evidence filed by the Parties that is unduly repetitious or otherwise an abuse of process. The discipline panel shall otherwise apply relevant and applicable evidentiary rules in relation to the admissibility and weight given to any evidence filed by the Parties.
Nothing is admissible in evidence at a hearing that would be inadmissible in a court by reason of any privilege under the law of evidence; or is inadmissible by any statute or common law.
Where a discipline panel composed of three members is appointed, the decision will be by a majority vote
If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing, in which case the discipline panel will determine the appropriate sanction. The discipline panel may still hold a hearing for the purpose of determining an appropriate sanction.
The hearing may proceed even if a Party chooses not to participate in the hearing unless the complaint is withdrawn by the Complainant(s).
If a decision may affect another Party to the extent that the other Party would have recourse to a complaint or an appeal in their own right, that Party will become a Party to the complaint, shall be permitted to participate in the proceedings as determined by the discipline panel and will be bound by the decision.
In fulfilling its duties, the discipline panel may obtain independent advice.
Facts established by a criminal court, by a civil court or by a professional disciplinary tribunal of competent jurisdiction shall be admissible as evidence within the disciplinary process, as allowable by applicable law.
Decision
After hearing and/or reviewing the matter, the discipline panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. If the discipline panel considers that an infraction has not occurred, the Reported complaint will be dismissed.
Within fourteen (14) days of the hearing’s conclusion, the discipline panel’s written decision, with reasons, will be distributed by the Case Manager to all Parties, [Rowing PEI], the relevant Provincial Rowing Association, RCA, and, if different than [Rowing PEI], the club of any other Party to the proceedings. In extraordinary circumstances, the discipline panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued before the end of the fourteen (14) day period.
Subject to Section 58 below, unless the matter involves a Vulnerable Participant, once the appeal deadline in the Appeal Policy has expired, RCA or the Member (as applicable) shall publish the outcome of the case on their website. Publication shall be limited to the provision(s) of the relevant policies that have been violated, the name(s) of the Individual(s) involved, and the sanction(s) imposed, if any. Additionally, where RCA acts as the Complainant under Section 16 above, only RCA, and not the original Complainant, shall be identified as an involved Individual. If the matter is appealed, the publication provisions in the Appeal Policy shall apply. Identifying information regarding Minors or Vulnerable Participants will never be published by RCA or one of its Members.
If the discipline panel dismisses the Reported complaint, its decision may only be published with the Respondent’s consent. If the Respondent does not provide such consent, the information referred to in Section 57 will be kept confidential by the Parties, the Case Manager, [Rowing PEI], the relevant Provincial Rowing Association, RCA and all other relevant Members and shall be retained and discarded in accordance with the relevant and applicable privacy legislation. Failure to respect this provision may result in disciplinary action being taken pursuant to this Complaints and Discipline Policy
The discipline panel’s decision will come into effect as of the date that it is rendered, unless decided otherwise by the discipline panel. The discipline panel’s decision will apply automatically to and must be respected by [Rowing PEI], the relevant Provincial Rowing Association, RCA and all of its Members, and any Individuals involved.
The Case Manager shall communicate decisions rendered pursuant to this Policy to the Parties, [Rowing PEI], the relevant Provincial Rowing Association, RCA, the relevant Member(s) and to the Independent Third Party. Decisions shall be considered confidential, unless the discipline panel orders otherwise. Records of all decisions will be maintained by [Rowing PEI], the relevant Provincial Rowing Association, RCA, and other Members in accordance with their respective privacy policies.
When the discipline panel imposes a sanction, the decision shall include, at a minimum, the following details:
Jurisdiction;
Summary of the facts and relevant evidence;
Where applicable, the specific provision(s) of [Rowing PEI]’s policies, by-laws, rules or regulations that have been breached;
Which Party or organization is responsible for the costs of implementing any sanction;
Which organization is responsible for monitoring that the sanctioned Individual respects the terms of the sanction;
Any reinstatement conditions that the Respondent must satisfy (if any);
Which organization is responsible for ensuring that the conditions have been satisfied; and,
Any other guidance that will assist the Parties to implement the discipline panel’s decision.
If necessary, a Party – or the organization that is responsible for implementing or monitoring a sanction – may seek clarifications from the discipline panel regarding the order so that it can be implemented or monitored appropriately.
Sanctions
When determining the appropriate sanction, the Complaint Resolution Officer or discipline panel (as applicable) will consider the following factors (where applicable):
The nature and duration of the Respondent’s relationship with the Complainant, including whether there is a Power Imbalance;
The Respondent’s prior history and any pattern of misconduct, Prohibited Behaviour or Maltreatment;
The respective ages of the Individuals involved;
Whether the Respondent poses an ongoing and/or potential threat to the safety of others;
The Respondent’s voluntary admission of the offence(s), acceptance of responsibility for the misconduct, Prohibited Behaviour or Maltreatment, and/or cooperation in the investigative and/or disciplinary process;
Real or perceived impact of the incident on the Complainant, [Rowing PEI], or the rowing community;
Circumstances specific to the Respondent being sanctioned (e.g. lack of appropriate knowledge or training regarding the requirements in [Rowing PEI]’s Code of Conduct; addiction; disability; illness, etc.);
Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate;
A Respondent who is in a position of trust, intimate contact or high-impact decision-making may face more serious sanctions; and/or
Other mitigating or aggravating circumstances.
Any sanction imposed must be proportionate and reasonable. However, progressive discipline is not required, and a single incident of Prohibited Behaviour, Maltreatment or other misconduct may justify elevated or combined sanctions.
The discipline panel may apply the following disciplinary sanctions, singularly or in combination:
Verbal or Written Warning – A verbal reprimand or an official, written notice that an Individual has violated the Code of Conduct and Ethics or UCCMS (or other policy) and that more severe sanctions will result should the Individual be involved in other violations,
Education – The requirement that an Individual undertake specified educational or similar remedial measures to address the violation(s) of the Code or the UCCMS (or other policy),
Probation – Should any further violations of the Code or the UCCMS (or other policy) occur during the probationary period, this may result in additional disciplinary measures, including, without limitation, a period of suspension or permanent ineligibility. This sanction can also include loss of privileges or other conditions, restrictions, or requirements for a specified period,
Suspension – Suspension, either for a set time or until further notice, from participation, in any capacity, in any program, activity, Event, or competition sponsored by, organized by, or under the auspices of Rowing PEI(or the relevant Provincial Rowing Association or RCA and its Members, as applicable). A suspended Individual may be eligible to return to participation, but reinstatement may be subject to certain restrictions or contingent upon the Individual satisfying specific conditions noted at the time of suspension,
Eligibility Restrictions – Restrictions or prohibitions from some types of participation but allowing participation in other capacities under strict conditions,
Permanent Ineligibility – Ineligibility to participate in any capacity in any program, activity, Event, or competition sponsored by, organized by, or under the auspices Rowing PEI(or the relevant Provincial Rowing Association or RCA and its Members, as applicable),
Other Discretionary Sanctions – Other sanctions may be imposed, including, but not limited to, other loss of privileges, no contact directives, a fine or a monetary payment to compensate for direct losses, or other restrictions or conditions as deemed necessary or appropriate.
The discipline panel may apply the following presumptive sanctions which are presumed to be fair and appropriate for the listed Maltreatment:
Sexual Maltreatment involving a Minor Complainant, or a Complainant who was a Minor at the time of the incidents complained of, shall carry a presumptive sanction of permanent ineligibility,
Sexual Maltreatment, Physical Maltreatment with contact, and Maltreatment related to interference or manipulation of process shall carry a presumptive sanction of either a period of suspension or eligibility restrictions,
While a Respondent has pending charges related to allegations of a crime against a person, if justified by the seriousness of the offence, the presumptive sanction shall be a period of suspension until a final determination is made by the applicable process.
An Individual’s conviction for certain Criminal Code offences involving harmful conduct shall carry a presumptive sanction of permanent ineligibility from participating in the activities of Rowing PEI(or the relevant Provincial Rowing Association or RCA and its Members, as applicable). Such Criminal Code offences may include, but are not limited to:
Any child pornography offences
Any sexual offences
Any offence of physical violence
When imposing sanctions under this Policy, the discipline panel may take into account any previously established infractions committed by the Respondent(s) of the disciplinary policies of [Rowing PEI], the relevant Provincial Rowing Association, RCA or any other Member, or any other sport organization that had authority over the Respondent.
Failure to comply with a sanction as determined by the Discipline Panel will result in an automatic suspension from participation in the activities of [Rowing PEI], the relevant Provincial Rowing Association, RCA, and all other Members, until such time as compliance occurs.
Records of all decisions will be maintained by Rowing PEIand the relevant Provincial Rowing Association. [Rowing PEI]’s Provincial Rowing Association will submit all records to RCA. Such records shall be retained and discarded in accordance with the relevant and applicable privacy legislation.
OSIC and/or CSSP Sanction
As a Member of RCA, an Abuse-Free Sport Signatory until March 31st, 2025, and a CSSP Signatory since April 1st, 2025, Rowing PEIwill, as applicable, ensure that any sanctions or measures imposed by Abuse-Free Sport’s Director of Sanctions and Outcomes (“DSO”) and/or under the CSSP will be implemented and respected within [Rowing PEI]’s jurisdiction once they receive appropriate notice of any sanction or measure from RCA on behalf of Abuse-Free Sport and/or Sport Integrity Canada, as applicable.
Appeals
The decision of the discipline panel may be appealed in accordance with the [Appeal Policy.
Confidentiality
The complaints and discipline process is confidential and involves only the Parties, Rowing PEI(Chair/President and relevant staff as determined by the Chair/President), the Independent Third Party, the investigator (if one is appointed), the Case Manager, the Complaint Resolution Officer, the discipline panel and any independent advisors to the discipline panel, the relevant Provincial Rowing Association, and RCA or another Member.
None of the Parties (or their representatives or witnesses) or organizations referred to above will disclose confidential information relating to the discipline or complaint, including information obtained as a result of any step in the complaints and discipline process, to any person not involved in the proceedings, unless [Rowing PEI], the relevant Provincial Rowing Association,` RCA or a Member is required to notify an organization such as an international federation, Sport Canada or other sport organization (i.e., where a Provisional Suspension or interim measures have been imposed and communication is required to ensure that they may be enforced), or notification is otherwise required by law.
Any failure to respect the aforementioned confidentiality requirement may result in further sanctions or discipline by the Complaint Resolution Officer or discipline panel (as applicable) against the Party(ies) in breach.
Timelines
If the circumstances of the Reported complaint are such that adhering to the timelines outlined by this Policy will not allow a just resolution to the complaint, the Independent Third Party or Case Manager may direct that these timelines be revised.
Privacy
The collection, use and disclosure of any personal information pursuant to this Policy is subject to [Rowing PEI]’s Privacy Policy.
Rowing PEIor any of its delegates pursuant to this Policy (i.e., Independent Third Party, Complaints Resolution Officer, Case Manager, discipline panel), shall comply with [Rowing PEI]’s Privacy Policy in the performance of their services under this Policy.
[Rowing PEI]
APPEAL POLICY
Effective date
Archived date
Date last reviewed
Scheduled review date
Replaces and/or amends
Approved by and date
Appendix(-ces) to this Policy
Purpose
1. This Appeal Policy provides Individuals with a fair, affordable, and expedient appeal process.
Scope and Application of this Policy
This Policy applies to all Individuals. However, it does not apply to appeals of decisions that were managed by Sport Integrity Canada under the CSSP Rules, those appeals shall be handled in accordance with the CSSP Rules
Subject to the above, any Individual who is affected by a decision taken by Rowing PEIspecifically with regard to that Individual including a decision by the Board, by any Committee of the Board or by any entity or Individual within Rowing PEIwho has been delegated authority to make decisions in accordance with [Rowing PEI]’s By-laws and governance policies (as applicable), shall have the right to appeal that decision provided that it is a decision that is subject to appeal pursuant to Section 4 of this Policy, that the conditions indicated in Sections 6 or 7 of this Policy (as applicable) have been satisfied, and provided that there are sufficient grounds for the appeal pursuant to Section 9 of this Policy.
This Policy will apply to decisions relating to:
eligibility
team selection
conflict of interest
disciplinary decisions made pursuant to [Rowing PEI]’s relevant and applicable policies
membership
This Policy will not apply to the following decisions relating to:
Reported complaints that were managed by the OSIC or Sport Integrity Canada under the CSSP Rules, as applicable;
Governance and operational matters including, but not limited to, budget, leadership opportunities, by-laws, and staffing.
Except as otherwise provided for in this Policy, decisions made by organizations other than [Rowing PEI], such as the relevant Provincial Rowing Association, RCA or other Members , the Canadian Olympic Committee (COC), the Canadian Paralympic Committee (CPC), U Sports, the International Olympic Committee (IOC), the International Paralympic Committee (IPC), World Rowing or the Fédération Internationale du Sport Universitaire (FISU) or any other governing body;
Selection criteria, including quotas, policies and procedures established by entities other than [Rowing PEI];
Substance, content and establishment of team selection criteria;
The Athlete Assistance Program (AAP) policies and procedures established by Sport Canada (or the provincial/territorial equivalent);
Policy and procedures established by any other agency, association or organization external to [Rowing PEI];
Infractions for doping offences, which are dealt with pursuant to the Canadian Anti-Doping Program, by Sport Integrity Canada and World Rowing;
Protests and appeals made under the Rules of Racing;
Contractual matters between Rowing PEIand its staff for which another dispute resolution process exists under the provisions of the applicable contract; or
Settlements negotiated pursuant to the relevant Provincial Rowing Association’s Dispute Resolution Policy.
Timing of Appeal
Unless otherwise specified in a relevant and applicable policy, Individuals who wish to appeal a decision have fourteen (14) days from the date on which they received notice of the decision to submit the following to [Rowing PEI]’s Chair/President:
Notice of the intention to appeal
Their contact information
Name of the Respondent and any Affected Parties, when known to the Appellant
Date the Appellant was advised of the decision being appealed
A copy of the decision being appealed, or description of the decision if a written document is not available
Grounds and detailed reasons for the appeal
All evidence that supports these grounds
Requested remedy or remedies
An administration fee of five hundred dollars ($500), which will be refunded if the appeal is upheld
Notwithstanding the above, appeals in relation to disciplinary decisions made pursuant to the Complaints and Discipline Policy must be filed with the Independent Third Party, which must otherwise comply with the requirements of this section.
An Individual who wishes to initiate an appeal beyond the fourteen (14) day period may only do so if exceptional circumstances prevented them from filing their appeal within the deadline indicated above. Any such Individual must provide a written request stating the reasons for which they are seeking an exemption. The decision to allow, or not allow, an appeal outside of the fourteen (14) day period will be at the sole discretion of the Appeal Manager.
Grounds for Appeal
A decision cannot be appealed on its merits alone or because an Individual (or Individuals) do not like or agree with a decision. An appeal may only be heard if there are sufficient grounds for appeal. Sufficient grounds include the Respondent:
Made a decision that it did not have the authority or jurisdiction (as set out in the Respondent’s governing documents) to make;
Failed to follow its own procedures (as set out in the Respondent’s governing documents);
Made a decision that was influenced by bias (where bias is defined as a lack of neutrality to such an extent that the decision-maker appears not to have considered other views); or
Made a decision that was grossly unreasonable or unfair.
The Appellant must demonstrate, on a balance of probabilities, that the Respondent has made a procedural error as described in this Policy and that this error had, or may reasonably have had, a material effect on the decision or decision-maker.
Submitting an Appeal
Complaint Resolution Officer Decisions
A decision made by [Rowing PEI]’s Complaint Resolution Officer may be appealed before [Rowing PEI]’s relevant Provincial Rowing Association’s appeal panel in accordance with the terms of this Appeal Policy.
Notwithstanding Sections 8 and 9 or any other provision in this Appeal Policy, appeals against Complaint Resolution Officer decisions are limited to the sanction imposed. If no sanction has been imposed against the Respondent(s), a Complaint Resolution Officer decision may not be appealed.
Notwithstanding any other provision in this Appeal Policy, appeals against Complaint Resolution Officer decisions on sanction shall be heard by a single member appeal panel appointed by the Appeal Manager designated by the relevant Provincial Rowing Association and shall be limited to determining whether the sanction imposed was grossly unreasonable and disproportionate based on the facts and circumstances of the case.
Notwithstanding any other provision in this Appeal Policy, any appeal against a Complaint Resolution Officer decision shall in based on written submissions only. No new evidence may be provided by any party.
Except as otherwise set out above, Sections 1-7 and 37 and following shall apply to appeals against any Complaint Resolution Officer decision.
Notwithstanding the aforementioned or any provision that says otherwise in this Appeal Policy, the Appeal Manager may only appoint a single member Appeal Panel and, unless the relevant Provincial Rowing Association agrees otherwise, any fees (for example, the mediator’s fees) related to the use of the Dispute Resolution Policy shall be the responsibility of the Parties to the appeal and not the Club or the relevant Provincial Rowing Association.
Provincial Rowing Association’s Discipline Panel Decisions
A decision made by the relevant Provincial Rowing Association’s discipline panel pursuant to the Complaints and Discipline Policy may be appealed before the relevant Provincial Rowing Association’s appeal panel in accordance with the terms of this Appeal Policy.
The relevant Provincial Rowing Association shall appoint an Appeal Manager and shall follow the process outlined in Sections 22 and following of this Appeal Policy, modified and applied accordingly based on the circumstances.
Any decision by the relevant Provincial Rowing Association’s appeal panel shall be final and shall not be subject to any further appeal before the SDRCC, unless the original Parties to the appeal seize the Sport Dispute Resolution Centre of Canada (SDRCC) on a fee-for-service basis.
Appealing Other Decisions
Any other Rowing PEIdecision relating to the matters this policy applies to, as listed above, may be appealed in accordance with this Appeal Policy.
[RELEVANT PRA]The relevant Provincial Rowing Association shall appoint an Appeal Manager and shall follow the process outlined in Sections 26 and following of this Appeal Policy, modified and applied accordingly based on the circumstances.
Dispute Resolution
Except for appeals against Complaint Resolution Officer decisions, the Parties may first attempt to resolve the appeal through the relevant Provincial Rowing Association’s Dispute Resolution Policy once the notice of the appeal, the fee, and the information required pursuant to the Appeal Policy has been received. Provided that the Parties have not already attempted to resolve the matter under the Dispute Resolution Policy, the appeal panel, once appointed, shall be permitted to act as both mediator and adjudicator to attempt to resolve the matter using alternative dispute resolution (ADR). In such circumstances, the appeal panel shall follow the Dispute Resolution Policy, modified and applied accordingly in the circumstances.
Screening of Appeal
Should the appeal not be resolved by using the Dispute Resolution Policy, the relevant Provincial Rowing Association will appoint an independent Appeal Manager (who must not be in a conflict of interest or have any direct relationship with the Parties) who has the following responsibilities:
To determine if the appeal falls under the scope of this Policy
To determine if the appeal was submitted in a timely manner
To decide whether there are sufficient grounds for the appeal
If the Appeal Manager denies the appeal on the basis of insufficient grounds, because it was not submitted in a timely manner, or because it did not fall under the scope of this Policy, the Appellant will be notified, in writing, of the reasons for this decision.
If the Appeal Manager accepts an appeal because it falls under the scope of this Policy, there are sufficient grounds and it was submitted in a timely manner, the Appeal Manager will notify the Parties of their decision in writing and will follow the steps described hereunder.
Appointment of Appeal Panel
If an appeal is accepted, the Appeal Manager will appoint an appeal panel which shall consist of a single member to hear the appeal. However, at the discretion of the Appeal Manager, an appeal panel composed of three members may be appointed to hear the appeal. In this event, the Appeal Manager will appoint one of the panel’s members to serve as the chair.
When appointing the appeal panel, the Appeal Manager must select individuals who are impartial, free from any real or perceived conflict of interest (and who shall remain so until a final decision has been rendered or the proceedings have otherwise finally terminated), and who do not have any direct relationship with any of the Parties. Although not a strict requirement, the Appeal Manager should attempt to appoint individuals to the appeal panel who have a legal background and who understand the sport of rowing. When justified by the circumstances, the Appeal Manager may appoint individuals to the appeal panel who have specific areas of expertise that would assist in resolving the matter.
Determination of Affected Parties
In order to confirm the identification of any Affected Parties, the Appeal Manager will engage [Rowing PEI]. The Appeal Manager may determine whether a Party is an Affected Party in their sole discretion.
If a decision in the appeal 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.
Procedure for Appeal Hearing
The Appeal Manager shall notify the Parties that the appeal will be heard. The Appeal Manager, in collaboration with the appeal panel, shall then decide the format under which the appeal will be heard. This decision is at the sole discretion of the Appeal Manager and may not be appealed.
If a Party chooses not to participate in the hearing, the hearing will proceed in any event.
The format of the hearing may involve an oral in-person hearing, an oral hearing by telephone or other electronic means, a hearing based on a review of documentary evidence submitted in advance of the hearing, a hearing based on documentary submissions alone, or a combination of these methods. The hearing will be governed by the procedures that the Appeal Manager and the appeal panel deem appropriate in the circumstances, provided that:
The hearing will be held in a timely manner within a timeline determined by the Appeal Manager,
The Parties will be given reasonable notice of the day, time and place of an oral in-person hearing or oral hearing by telephone or electronic communications.
Copies of any written documents which the Parties wish to have the appeal panel consider will be provided to all Parties in advance of the hearing,
The Parties may be accompanied by a representative, advisor, translator, transcription services, or legal counsel at their own expense
The appeal panel may request that any other individual participate and give evidence at an oral in-person hearing or oral hearing by telephone or electronic communications.
The appeal panel may exclude any evidence filed by the Parties that is unduly repetitious or otherwise an abuse of process. The appeal panel shall otherwise apply relevant and applicable evidentiary rules in relation to the admissibility and weight given to any evidence filed by the Parties
Nothing is admissible in evidence at a hearing that:
would be inadmissible in a court by reason of any privilege under the law of evidence; or
is inadmissible by any statute or common law.
Any Affected Party shall be permitted to make submissions and file evidence before the appeal panel. The appeal panel’s decision is binding on any Affected Party.
The decision to uphold or reject the appeal will be by a majority vote of the appeal panel members, except in cases where the panel consists of a single member
In fulfilling its duties, the appeal panel may obtain independent advice.
Appeal Decision
The appeal panel shall issue its decision, in writing and with reasons, within fourteen (14) days after the hearing’s conclusion. In making its decision, the appeal panel will have no greater authority than that of the original decision-maker. The appeal panel may decide to:
Reject the appeal and confirm the decision being appealed
Uphold the appeal, in whole or in part, and refer the matter back to the initial decision-maker for a new decision
Uphold the appeal, in whole or in part, and vary the decision
Determine whether costs of the appeal, excluding legal fees and legal disbursements of any Parties, may be assessed against any Party. In assessing costs, the appeal panel will take into account the nature and amount of the costs, the outcome of the appeal, the conduct of the Parties, and the Parties’ respective financial resources
The appeal panel’s written decision, with reasons, will be distributed to all Parties, the Appeal Manager, [Rowing PEI], the relevant Provincial Rowing Association, and RCA. In extraordinary circumstances, the appeal panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued thereafter. The decision will be considered a matter of public record unless a Party otherwise makes a request to the appeal panel and the panel orders that the decision, in whole or in part, remain confidential.
Subject to Section 36 below, unless the matter involves a Vulnerable Participant, Rowing PEIand the relevant Provincial Rowing Association shall publish the outcome of the appeal on their website. Publication shall be limited to, where applicable, the provision(s) of any relevant policies that have been violated, the name(s) of the Individual(s) involved, the sanction(s) or order imposed, if any. Additionally, where Rowing PEIor the relevant Provincial Rowing Association acts as the Complainant under the Complaints and Discipline Policy and any decision issued pursuant to that Policy is appealed, only Rowing PEIor the relevant Provincial Rowing Association, and not the original Complainant, shall be identified as an involved Individual. Identifying information regarding Minors or Vulnerable Participants will never be published by [Rowing PEI], the relevant Provincial Rowing Association, RCA, or one of Its Members.
If the appeal panel dismisses the appeal, the decision may only be published, as provided for above, with the Respondent’s consent. If the Respondent does not provide such consent, the decision will be kept confidential by the Parties, the Appeal Manager, [Rowing PEI], the relevant Provincial Rowing Association, RCA and its Members and shall be retained and discarded in accordance with the relevant and applicable privacy legislation. Failure to respect this provision may result in disciplinary action being taken pursuant to this Policy.
Other Individuals or organizations, including but not limited to, Members, shall be advised of the outcome of any decisions rendered in accordance with this Appeal Policy.
Any decision rendered pursuant to this Appeal Policy shall apply automatically to and must be respected by [Rowing PEI], the relevant Provincial Rowing Association, RCA, and all of its other Members.
Records of all decisions will be maintained by [Rowing PEI], the relevant Provincial Rowing Association, RCA, and its other Members in accordance with their respective privacy policies.
The appeal panel’s decision is final and binding on the Parties, subject to Section 18 above.
Timelines
If the circumstances of the appeal are such that adhering to the timelines outlined by this Appeal Policy will not allow a just resolution to the appeal, the Appeal Manager and/or appeal panel may direct that these timelines be revised.
Confidentiality
The appeals process is confidential and involves only the Parties, the Appeal Manager, the appeal panel, and any independent advisors to the panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information to any person not involved in the proceedings.
Any failure to respect the aforementioned confidentiality requirement may result in disciplinary action being taken against the Individual(s) in accordance with [Rowing PEI]’s relevant and applicable policies.
Final and Binding
No action or legal proceeding will be commenced against Rowing PEIor the relevant Provincial Rowing Association or any Individuals in respect of a dispute, unless Rowing PEIor the relevant Provincial Rowing Association has refused or failed to provide or abide by the dispute resolution process and/or appeal process as set out in governing documents.
Privacy
The collection, use and disclosure of any personal information pursuant to this Policy is subject to [Rowing PEI]’s Privacy Policy.
Rowing PEI, the relevant Provinical Rowing Association, or any of their delegates pursuant to this Appeal Policy (i.e., Appeal Manager, appeal panel) shall comply with Rowing PEI’s Privacy Policy in the performance of their services under this Policy.
Effective August 1, 2021
Rowing PEI Safe Sport Manual
Effective January 20, 2022
Rowing PEI (the club) has adopted the Safe Sport Manual in line with requirements set by Rowing Canada Aviron (RCA) and Rowing Prince Edward Island, our governing rowing bodies.
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There are five policies as part of this manual:
1. Code of Conduct and Ethics
2. Harassment, Discipline and Complaints Policy
3. Appeal Policy
4. Social Media Policy
5. Screening Policy
2. Harassment, Discipline and Complaints Policy
3. Appeal Policy
4. Social Media Policy
5. Screening Policy
All members will need to acknowledge annually that they have read and agree to abide by these safe sport policies as a member of Rowing PEI and Rowing Prince Edward Island.
More details about RCA Safe Sport can be found here: https://rowingcanada.org/