Requesting the convening of the Executive Committee to determine if there is merit to the complaint of misconduct;
If the Executive Committee determines there is merit to the complaint of misconduct, the Executive Committee shall determine the appropriate disciplinary sanction in accordance with these By-laws.
14.2 INITIATION OF FORMAL COMPLAINT DETERMINATION PROCESS
The formal complaint resolution in this part shall be initiated:
14.2.1 If any complaint of Misconduct cannot be resolved informally in accordance with these By-Laws within a reasonable period of time;
14.2.2 If in the case of a complaint of Class II Misconduct, the complainant or respondent requests a formal complaint review and the Board determines that the formal review process is appropriate;
14.2.3 If in the case of a complainant being a member of Executive or in Perceived Conflict;
14.2.4 If Alliance Hockey requests CYO to conduct a formal complaint review.
14.3 FACT FINDING PROCESS
14.4 In preparation for the Executive Committee’s formal complaint review meeting and in order to identify and focus the issues of alleged misconduct, the Director shall coordinate a Fact Finding inquiry.
14.5 The Fact-finding Process and Formal Complaint Review Process shall only focus on any misconduct identified in any written complaint and any directly related matters and shall not consider any unrelated behaviours.
14.6 FACT FINDERS
The Director Risk shall, in consultation with the Board:
14.6.1 Designate a single impartial member in good standing to be the fact-finder in relation to the complaint;
14.6.2 Designate a panel of two or three impartial members in good standing to be the fact finders in relation to the complaint;
14.6.3 If the seriousness and potential consequences warrant, request that any person or body external to CYO Hockey act as the fact-finder; or
14.6.4 If the seriousness and potential consequences warrant or if requested to do so by the Hockey Alliance, retain the services of a professional investigator or investigation agency to fulfill the role of fact-finder.
14.7 No person who was involved in attempts to informally resolve the complaint shall be designated a fact-finder.
14.8 FACT FINDING PROCESS
The fact-finder(s) designated or retained pursuant to this By-law, shall expeditiously and objectively gather facts surrounding the incident by speaking directly with the complainant, the person against whom the complaint (the "respondent") is made, and any witnesses who in the opinion of the fact finder(s) might have relevant facts, information or observations about the incident or incidents giving rise to the complaint.
14.9 MINOR AGED WITNESSES
The fact-finder(s) shall only speak with a minor aged witness only in the presence of and with the consent of their parent(s), legal guardian or other adult trusted by the child witness and with the consent of their parent(s) or legal guardian(s).
14.10 FACT FINDERS' REPORT
As soon as the fact finding process is complete, the fact finder(s) shall prepare a written report summarizing all information which has been gathered in relation to the complaint and provide a copy to the Director of Risk.
14.11 RESPONSES TO THE REPORT
The Director of Risk shall provide both the complainant and respondent with a reasonable opportunity to review the fact finder’s(s’) report and to provide a written response if they so desire.
14.12 COMPLAINT DETERMINATION MEETING
At the request of the Director of Risk, the President shall convene a meeting of the Executive as soon as is reasonable to formally consider the complaint of misconduct allowing adequate time for the fact finding process to be completed. This meeting shall be open to the membership to attend, respecting the privacy of any individual and that portion of the meeting required to be held in camera.
14.13 CHAIR AND VOTING
The President shall chair the Executive Meeting and, if the complainant or respondent would otherwise be entitled to vote at the Executive Committee, that vote and participation as a Committee member is suspended for all purposes related to the specific complaint.
14.15 MATTERS TO BE CONSIDERED
The Director of Risk shall present to the Executive Committee, with or without comment, the following information:
14.15.1 A chronological summary of the processing of the complaint since it was registered;
14.15.2 A summary of any attempts to informally resolve the complaint;
14.15.3 A copy of the written complaint and any written response from the respondent;
14.15.4 A copy of the report of the fact-finder(s) and any written responses to that report prepared by the complainant or respondent.
14.16 EVIDENCE AND SUBMISSIONS
During the Executive Committee meeting called to determine the complaint, both the complainant and the respondent shall be accorded a reasonable and fair opportunity:
14.16.1 To make submission to the Committee or have submissions made on their behalf;
14.16.2 To call witnesses subject to these By-laws;
14.16.3 At the discretion of the Chair, to ask questions of each other and the witnesses.
14.16.4 To have a single persons assist them in asking any questions.
14.17 FURTHER EVIDENCE
With the permission of the Chair, any member of the Executive Committee may ask questions of the complainant, respondent or any witness and may call any additional witness subject to these By-laws.
14.18 CONSIDERATION AND DETERMINATION
Once all information required is presented, all persons other than members of the Executive shall excuse themselves and the Executive Committee shall consider the complaint in camera and make by majority vote one of the following decisions:
14.18.1 The complaint is with merit;
14.18.2 The complaint is without merit;
14.18.3 There exists insufficient information to enable a conclusive decision to be made; or,
14.18.4 The subject matter of the complaint is outside of the jurisdiction of CYO.
14.19 OPPORTUNITY FOR FUTHER SUBMISSIONS
Before the Executive Committee proceeds to determine appropriate disciplinary sanction to be imposed, both the complainant and the respondent shall be afforded a further reasonable and fair opportunity to make submissions as to what sanction they believe should be imposed.
14.20 FACTORS TO BE CONSIDERED
The following factors shall be considered by the Executive Committee before the appropriate disciplinary sanction or sanctions should be imposed:
14.20.1 The nature and severity misconduct;
14.20.2 Whether the misconduct involved any physical contact or caused injury;
14.20.3 Whether the misconduct was an isolated incident or part of an ongoing pattern of behaviours;
14.20.4 The nature of the relationship between the complainant and the respondent;
14.20.5 The age of the Complainant;
14.20.6 Whether the respondent has been involved in any previous complaint(s) of misconduct either resolved informally or decided formally;
14.20.7 Whether the respondent accepts responsibility for the misconduct and expresses a sincere desire to alter their behaviours;
14.20.8 Whether the respondent attempted or did retaliate against the complainant in any fashion;
14.20.9 The consequences and impact on any individual caused by the misconduct;
14.20.10 The impact of the misconduct on the overall integrity of CYO;
14.20.11 What if any remedial policies and procedures can be instituted to prevent reoccurrences of the misconduct.
14.20.12 The general good reputation and standing within CYO or the respondent prior to the complaint; and,
14.20.13 If hockey funds were involved, the amount of those funds.
14.21 POSSIBLE DISCIPLINARY SANCTIONS
After discussing the matter in camera and considering the factors set out in these By-laws and any submissions made as allowed, the Execute Committee shall decide the appropriate disciplinary sanction for the misconduct from the following options, singly or in combination:
14.21.1 No further sanction;
14.21.2 A Verbal apology be provided;
14.21.3 A Written apology be delivered;
14.21.4 A reprimand with or without conditions;
14.21.5 A fine or levy be paid;
14.21.6 In the case of a hockey participant, as suspension from play;
14.21.7 In the case of a hockey volunteer, a suspension from or restrictions placed upon performing responsibilities as a hockey volunteer;
14.21.8 A removal of certain privileges of membership or employment;
14.21.9 A termination of employment or contract or any Corporate Agent;
14.21.10 Suspension of membership;
14.21.11 Expulsion from membership;
14.21.12 In the case of a member of the Hockey League Executive as defined in these By-laws, other than current elected Directors, a direction that the person not be permitted to serve as a member of the Hockey Executive Committee (Board and Hockey Council) or any other CYO Committee for a definite or indefinite period of time;
14.21.13 In the case of an Association or Program Leader or Director, an Assistant Leader or an Assistant Director for something arising in that capacity, a direction that the person not be permitted to serve on any Program or Parish Executive, until their position is reconfirmed or they are re-elected by a majority of members of the appropriate CYO Hockey Association as certified to the Board as required in these By-laws;
14.21.14 A written request to appropriate authorities to ensure that the individual not be permitted to attend any arena where any CYO team is practicing or playing for a definite or indefinite period.
14.21.15 Any other sanctions which the Executive Committee may deem appropriate.
14.22 FURTHER STEPS
Notwithstanding the decision made pursuant to this By-law, the Executive Committee shall make recommendations to the Board, Hockey Council and/or Hockey Executive to reduce the possibility of similar complaints of misconduct arising in the future.
14.23 NOTIFICATION OF DISCIPLINE
The President, Director of Risk and the appropriate Association or Program Leader or Director shall inform the Respondent verbally of the disciplinary sanction or sanctions determined by the Executive Committee soon as possible and shall confirm it in writing.
14.24 MONITORING OF COMPLIANCE WITH SANCTIONS
The Director of Risk shall monitor the respondent’s compliance with any disciplinary sanctions imposed and report any incidents of non-compliance to the Executive Committee for further action.
14.25 FURTHER MISCONDUCT
Conduct which breaches the intent of any sanction imposed under these By-laws shall be deemed to be further misconduct detrimental to the general welfare of the corporation which can be the subject of further formal complaint proceedings and can be considered during any meeting at which a review or appeal is being requested or considered.
14.26 NO APPEAL BUT REVIEW
There shall be no respondent initiated appeal from a determination that any complaint of any Type II Misconduct had merit made by the Executive Committee but a respondent may request that the Executive Committee, no earlier than the Fourth regularly scheduled Executive meeting following the disciplinary sanction being imposed, reconsider the disciplinary sanction imposed only. By simple majority, the Executive Committee can vote to confirm the previous sanction or to impose another sanction provided the replacement sanction is not more onerous than the initial sanction unless there has been non-compliance with the original sanction(s).