11.0 COMPLAINTS AND DISCIPLINE
11.1 The Corporation has the express authority to regulate the conduct and behavior of all members and hockey participants in relation to all activities associated with CYO Hockey in accordance with the Corporate Mission Statement and prohibitions against harassment and discrimination proscribed in Hockey Canada Maltreatment Rules, Alliance Code of Conduct, and City of St Catharines R-Zone policies.
11.2 The Corporation has both the authority and responsibility to receive and address complaints of alleged misconduct of any members of or hockey participants within CYO in accordance with the provisions of these By-laws.
11.3 The Executive Committee has the authority to formally determine any issue of misconduct and, if warranted, to discipline any member or participant within CYO Hockey including any Officer or hockey volunteer or hockey participant in accordance with the procedure outlined in this Part of these By-laws in a manner consistent with the Alliance Hockey Risk Management Speak Out Policies and Procedures and Maltreatment Rules.
11.4 Notwithstanding these By-laws outline a procedure for addressing complaints and administering discipline, it is expected that all CYO members and hockey volunteers will intervene to stop or to prevent the recurrence of any misconduct which they witness, especially when the misconduct is directed at any child or youth.
11.5 For greater certainty, nothing prevents any Director, Officer, Program Leader, Program Director, Assistant Program Leader or Assistant Program Director acting in that capacity or as a hockey volunteer from being the subject of a complaint of misconduct or from being disciplined, if warranted.
11.6 DEFINITIONS
In this part of these By-laws, the following terms shall have the definition below prescribed to them:
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Complaint" means an allegation of misconduct;
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Complainant" means the person alleging specified misconduct arising from the behaviours or actions of another individual, and shall include a parent or guardian making a complaint on behalf of a child or youth participating in CYO ; and,
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Respondent" means any individual alleged to be responsible for behaviours constituting misconduct and shall include a parent or guardian assisting their child or youth who is the subject of any complaint.
11.7 CONCURRENT COMPLAINT AND DISCIPLINE PROCEDURES
Any complaint or discipline procedures provided for in these By-laws can be undertaken concurrently with any complaint or discipline procedures undertaken by the Hockey Alliance or Ontario Hockey Federation even though it relates to the same individuals and subject matter, including Maltreatment.
11.8 MANDATORY REPORTING
Notwithstanding these By-Laws or any CYO Policies or Rules and the Alliance Hockey Risk Management Speak Out Policies and Procedures, all persons within CYO shall comply with all mandatory Duty to Report requirements specified within the Child and Family Service Act of Ontario. This Act identifies when reporting is required, who is required to report and how to report suspected abuse, harm and/or neglect of a child participant within CYO.
11.9 INTERNAL REPORTING
In addition to the mandatory reporting of suspected abuse, harm and/or neglect required by Child and Family Service Act of Ontario, any Director, Officer or hockey volunteer shall also report forthwith any suspected abuse, harm and/or neglect of a child to the Director of Risk or to the President, if the Director is not immediately available.
11.10 ADDITIONAL MANDATORY REPORTING
The Director Risk or President who receives a report of suspected abuse, harm and/or neglect of a child from any person pursuant to these By-laws shall forthwith also make a report as required by the Child and Family Service Act of Ontario even if it is understood that any person has made a prior report of the same suspected abuse, harm and/or neglect as required by Child and Family Service Act.
11.11 DEFERRAL OF COMPLAINT AND DISCIPLINE PROCEDURES
Subject to the provisions of these By-laws if the subject matter of any complaint of alleged misconduct is also the focus of any investigation being undertaken by any police or child welfare agency, the Director of Conduct and Risk Management shall ensure that all internal CYO fact finding and any mandated complaint or discipline procedures in these By-laws are deferred until the conclusion of the external investigation so as to not interfere with the police and/or child welfare agency investigation.
11.12 FURTHER DEFERRAL OF COMPLAINT AND DISCIPLINE PROCEDURES
Subject to the provisions of these By-laws if the subject matter of any complaint of CYO misconduct gives rise to the laying of any charges contrary to the Criminal Code, the Director of Risk shall ensure that any required complaint or disciplining proceedings are deferred until the charges are conclusively dealt with by a Court of competent jurisdiction.
11.13 INTERIM MEASURES
If the Director of Risk becomes aware of any alleged misconduct within CYO Hockey which also has resulted in the laying of any charges contrary to the Criminal Code, the Director:
11.13.1 Shall, if there is reason to believe criminal charges to have been laid, direct that any involved member or CYO hockey participant submit a Police Clearance Certificate to be reviewed by the Volunteer Screening Committee pursuant to the Volunteer Screening Policy; and,
11.13.2 May direct that any implicated CYO hockey participant or member or any other individual, comply with any appropriate interim directions in accordance with these By-laws.
11.14 SUBSTITUTION OF PERSONS
If any CYO Director or Officer with responsibilities within the Complaint and Discipline procedures in these By-laws, finds themselves in a situation of perceived conflict as defined by by-law 66.2, their responsibilities should be fulfilled by another individual as specified in these By-laws.
11.15 PERCEIVED CONFLICT
For the purposes of these By-laws, an individual shall be considered to be in a situation of perceived conflict if:
11.15.1 That individual is a complainant in relation to the specific complaint;
11.15.2 That individual is a respondent in relation to the specific complaint;
11.15.3 That individual is the spouse or family member of the complainant or the respondent;
11.15.4 The individual is a member of coaching staff for the current CYO season of the team on which the complainant or respondent is a member;
11.15.5 The individual is on the same coaching staff for the current CYO hockey Season as the Complainant or the Respondent; or,
11.15.6 Any other circumstances exist which may give rise to a perception by any person that the individual may not be impartial when fulfilling their responsibilities as required by this Part of these By-laws.
11.16 SUBSTITUTED POSITIONS
If perceived conflict applies and only for the limited purposes of addressing the complaint giving rise to the situation of perceived conflict:
11.16.1 The duties and responsibilities of the President shall be fulfilled by a Director other that the Director of Risk
11.16.2 designated by the Board for the matters related to the specific complaint;
11.16.3 The duties and responsibilities of the Director Risk shall be fulfilled by a Director other that the President designated by the Board for the matters related to the specific complaint;
11.16.4 The duties and responsibilities of a Program Leader or Director shall be fulfilled by the Assistant Leader or Assistant Director.
11.17 OTHER SUBSITUTIONS
If the person required to be substituted by operation of by-law 66.3 is also in a position of perceived conflict or is otherwise unable to fulfill the required duties and responsibilities, the Board of Directors is empowered to designate any member in good standing to fulfill the duties and responsibilities required to resolve the complaint.
11.18 CLASSES OF MISCONDUCT
Only for the purposes of the procedures provided for in this Part of these By-laws misconduct shall be classified as follows:
"Class I Misconduct" or "Hockey Misconduct" as defined further in these By-laws.
"Class II Misconduct" or "General Misconduct" as defined further in these By-laws.
"Class III Misconduct" or "Misconduct against Youth" as defined further in these By-laws.
11.19 REGISTRATION OF A COMPLAINT
A complaint of misconduct may initially, if urgency warrants be conveyed orally or by email but shall be reduced to writing on the Incident Reporting Form on the CYO website as soon as possible.
11.20 NOTIFICATION OF A COMPLAINT
A complaint of misconduct shall be conveyed as soon as possible directly to the Director of Risk but, if they are not immediately available, the complaint may be made to any member of the Executive Committee who shall relay it as soon as practical to the Director of Risk.
11.21 IMPARTIALITY
The Director of Risk is required to remain impartial throughout the complaint process and shall, as soon as possible after receiving a complaint of misconduct:
11.21.1 Notify the Board of Directors of the details of the complaint;
11.21.2 Notify the Association or Program Director responsible for any of the individuals involved in the complaint of the details of the complaint;
11.21.3 Notify each Respondent of the details of the complaint and, subject to the provisions of privacy, if deemed advisable and appropriate, may provide the respondent with a copy of any written complaint received;
11.21.4 In consultation with the Board, direct the commencement of a fact finding process pursuant to these By-laws; and,
11.21.5 After consulting, if necessary, with other Executive Committee Members, direct that any person involved with the complaint comply with such Interim Restrictions as detailed in these By-laws.
11.22 WRITTEN RESPONSE
The Respondent is entitled to provide at any time a written response to any complaint and any written response and, if deemed advisable and appropriate, may be shared with the complainant.
11.23 IF RESPONDENT IS A MINOR
If the respondent is a minor, they are to have the presence and support of their parent(s), legal guardian (s) or other trusted adult with them throughout the process and these people can act in and appear in the best interest of the child or youth respondent.
11.24 DECLINING TO ADDRESS COMPLAINT
The Board may decline to address or to further address any complaint if it is determined that the complaint:
11.21.1 Relates to behaviours and actions that could be more appropriately addressed under another CYO policy, rule, or regulation;
11.21.2 Is frivolous, vexatious or made in bad faith;
11.21.3 Is not within CYO's jurisdiction; or
11.21.4 Solely relates to a discretionary decision or action undertaken by the individual in good faith in the course of exercising that individual’s responsibilities within CYO.
11.25 CONFIDENTIAL COMPLAINT
Notwithstanding any other provision of these By- laws, the Complainant may request that their identity be kept confidential and not shared with the respondent or others and, if such a request is made, the Director of Risk shall:
11.25.1 Advise the complainant that their desire to have their identity maintained as confidential may limit the Corporation’s options to satisfactory resolve or determine the complaint;
11.25.2 Advise the if they complained of misconduct is deemed sufficiently serious, their desire for confidentiality may be superseded by the Corporation’s responsibility to prevent a reoccurrence of the misconduct and the need to protect other hockey participants;
11.25.3 Review the request for confidentiality in consultation with the Board and determine if the confidentiality request can be respected and advise the Complainant of that determination;
11.26 CONSIDERATION FOR CONFIDENTIALITY
In making the determination required to have the Complainant's identity maintained as confidential, the following factors shall be considered:
11.26.1 The nature of the alleged misconduct;
11.26.2 The age of the complainant;
11.26.3 The relationship between the complainant and respondent and the potential for further misconduct, intimidation or interference;
11.26.4 The complainant’s reasons for requesting confidentiality; and
11.26.5 Any interim directions which may be given under these By-laws;
11.27 PRESERVING CONFIDENTIALITY
If the Director of Risk determines that the identity of the Complainant should be maintained as confidential, all measures should be taken to preserve that confidentiality of the identity of the complainant and any details likely to disclose their identity, and review the initial determination if it is deemed necessary at any later time to resolve or determine the complainant in accordance with these By-laws.