TSMHA Abuse/Harassment Policy (Tecumseh-Shoreline Eagles)

PrintTSMHA Abuse/Harassment Policy

Tecumseh-Shoreline Minor Hockey Abuse and Harassment Policy

This policy uses the term "Complainant" to refer to the person who experiences harassment, even though not all 
persons who experience harassment will make a formal complaint. The term "Respondent" refers to the person
against whom a complaint is made.

Policy Statement

The Tecumseh-Shoreline Minor Minor Hockey Association is committed to providing a sport and work 
environment which promotes equal opportunities and prohibits discriminatory practices. Harassment
is a form of discrimination. Harassment is prohibited by human rights legislation in each province of 
Canada.
In its most extreme forms, harassment can be an offense under Canada's Criminal Code.

Application & Scope

This policy applies to all categories of members in the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION,
as well as to all individuals participating in activities of or employed by the TECUMSEH SHORELINE 
MINOR HOCKEY
ASSOCIATION, including, but not limited to, players, officers, convenors, 
committee members, team managers,
trainers, administrators and employees.

This policy applies to harassment, which may occur during the course of all TECUMSEH-SHORELINE MINOR 
HOCKEY ASSOCIATION business, activities and events, including but not limited to competitions, team practices,
training camps, exhibitions, meetings and travel associated with these activities.

Definition of Harassment and Bullying

Harassment is defined as conduct:

  • Which is insulting, intimidating, humiliating, offensive or physically harmful.
  • Types of behavior which constitute harassment include, but are not limited to:
  • Unwelcome jokes, innuendo or teasing about a person's looks, body, attire, age, race, religion, sex or sexual
  • orientation
  • Condescending, patronizing, threatening or punishing actions which undermine self esteem or diminish
  • performance
  • Practical jokes which cause awkwardness or embarrassment, endanger a person's safety or negatively affect
  • performance
  • Unwanted or unnecessary physical contact including touching, patting or pinching
  • Any form of hazing
  • Any form of physical assault or abuse
  • Any sexual offence
  • Behaviors such as those described above which are not directed towards individuals or groups but which have
  • the effect of creating a negative or hostile environment
Bullying is defined as intentionally hurting someone in order to insult, humiliate, degrade or exclude him or her.

Basically it is “mean” behaviour. Bullying is:

  • hurting behaviours based on oppression and “meanness”based on power differentials
  • intentionally harmful
  • intense and long in duration
  • repeated over time (generally)
  • oppressive – isolates victims
  • caused by many factors and behavioural challenges

Hurtful actions may be:

  • Physical – ie: hitting, kicking, grabbing, shoving, spitting on, beating others up, damaging or stealing another
  • person’s property
  • Verbal – ie: name-calling, humiliating, degrading behaviour, hurtful teasing, threatening someone (this may
  • happen in notes or in person, over the phone, through text messages or a chat room)
  • Relational – ie: making others look foolish, excluding peers, spreading gossip or rumours (this may happen in person, over the phone or through the computer)

Abuse and Neglect of Minors

When any person in authority has a reasonable belief that in the course of TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION
business, activities or events a minor is being abused or neglected, he or she shall report this belief to Childrens Aid Society or
Police and shall advise the Board of Directors. The TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION shall take no further
action until such time 
as the authorities and/or police have concluded their investigation. The matter shall then be dealt with as
a disciplinary matter pursuant to this policy, and the report of the 
investigation carried out by authorities may be used as
evidence under these proceedings.

Confidentiality

The TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION recognizes the sensitive and serious nature of harassment and
will strive to keep all matters relating to a complaint confidential. However, if required by law to disclose information,
the ORILLIA MINOR HOCKEY ASSOCIATION will do so. This shall not preclude publication of the final outcome of any matter,
where a sanction imposed under this policy includes publication.

Complaint

A person who experiences harassment, any person who witnesses harassment, or any person who believes that harassment
has occurred is encouraged to make it known that the behavior is unwelcome, offensive and contrary to the values of the
TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION and this policy. If confronting the harasser is not possible, or if after
confronting the harasser the 
harassment continues, the matter should be reported to the TECUMSEH-SHORELINE MINOR
HOCKEY ASSOCIATION Abuse and Harassment Officer. Once an incident is reported, the role of the TECUMSEH-SHORELINE
MINOR HOCKEY ASSOCIATION 
Abuse and Harassment Officer is to serve in a neutral, unbiased capacity in receiving the
report of the incident, advising the parents/guardians of the incident (if the person who has experienced the harassment
is a minor), and assisting in an informal resolution of the complaint, where this is appropriate.

If the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION Abuse and Harassment Officer considers 
that he or she is unable to act in this capacity, the complaint shall be referred to the President of the TECUMSEH SHORELINE 
MINOR HOCKEY ASSOCIATION. If informal resolution of the complaint is not appropriate or possible, the person who has
experienced or 
witnessed the harassment, or who believes that harassment has occurred, may make a formal written complaint
to 
the President of the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION. The forms are available at the hockey office
or on the website. Any report or informal resolution shall be documented by the Abuse and Harassment Officer and reported
to the 
President on a monthly basis.

Investigation

The President of the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION shall receive any written complaint of abuse
or harassment. The President shall appoint an individual to conduct an investigation of the 
complaint. For serious matters,
the investigator should be experienced in harassment matters and 
investigation techniques, and may be an outside
professional. The investigator shall carry out the investigation in a timely manner and at the conclusion 
of the investigation
shall submit a written report to the President. 

Within SEVEN days of receiving the written report of the investigator, the President shall decide if the complaint should
be dealt with directly, without a hearing, in which case he or she shall direct the appropriate response and 
the matter
shall then be concluded, provided the person complained of is fully informed and is given an 
opportunity to respond to the
complaint.

After a thorough internal investigation the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION has the power to discipline,
sanction and/or suspend any team player, team official or employee for contravention of 
the TECUMSEH-SHORELINE MINOR
HOCKEY ASSOCIATION Code of Conduct.

All sanctions and/or suspensions assessed by the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION must be reported
to their Ontario Minor Hockey Regional Executive Member and the 
TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION
Executive Director, to be kept on file.

The Abuse and Harassment Officer shall report to the Board monthly all cases of abuse and Harassment. No specifics will
be provided just a broad report without names mentioned.

Hearing

If the President of the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION decides that the complaint shall be dealt
with by means of a hearing, the Dispute Resolution Committee shall serve as a Panel, and 
one of these persons will serve
as the Chairperson of the Panel as directed by the President.

The Panel shall govern the hearing by such procedures as it may decide, provided that:

i) The Complainant and Respondent shall be given written notice (by courier registered mail) of the day, time and place
of the hearing

ii) All parties shall receive a copy of the Investigator's report

iii) Both the Complainant and Respondent shall be present at the hearing

iv) The Panel may request that witnesses to the incident be present or submit written evidence

v) If at any point in the proceedings, the Complainant becomes reluctant to continue, it shall be at the sole discretion of
the Panel to continue the review of the complaint in accordance with this policy.

After reviewing and deciding the harassment matter, the Panel shall present its findings in a written report to the President,
with a copy provided to both the Complainant and the Respondent. This report shall contain:

i) A summary of the relevant facts

ii) A determination as to whether the acts complained of constitute harassment as defined in this policy

ii) Disciplinary action to be taken, if the acts constitute harassment; and

iv) Measures to remedy or mitigate the harm or loss suffered by the Complainant, if the acts constitute harassment.

Results of the hearing are to be reported to the President of the TECUMSEH MINOR HOCKEY ASSOCIATION in written form.

Sanctions

When directing appropriate disciplinary sanction, the Panel shall consider factors such as:

i) The nature and severity of the harassment

ii) Whether the harassment involved any physical contact

iii) Whether the harassment was an isolated incident or part of an ongoing pattern

iv) The nature of the relationship between the complainant and harasser

v) The age of the Complainant

vi) Whether the harasser had been involved in previous harassment incidents

vi) Whether the harasser admitted responsibility and expressed a willingness to change

viii) Whether the harasser retaliated against the complainant

In directing disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending
on the nature and severity of the harassment:

i) Verbal apology

ii) Written apology

iii) Letter of reprimand from the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION

iv) A fine or levy

v) Referral to counselling

vi) Removal of certain privileges of membership or employment

vii) Temporary suspension with or without pay

viii) Termination of employment or contract

ix) Suspension of membership

x) Expulsion from membership

xi) Any other sanction which the Panel may deem appropriate

Failure to comply with a sanction as determined by the panel shall result in automatic suspension of membership in the
TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION until such time as the sanction is fulfilled.

Incidents Requiring Immediate Response

This policy shall not prevent a person in authority from taking immediate, informal, corrective and appropriate 
disciplinary action in response to behaviour that, in his or her view, constitutes a minor instance of harassment. 
Harassment complaints arising during competitions may be dealt with immediately, if necessary, by an 
TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION representative in a position of authority, provided the
individual being disciplined is told the nature of the infraction and has an opportunity to provide 
information
concerning the incident. In such situations, sanctions shall be for the duration of the competition only. 
Further
sanctions may be applied but only after review of the matter in accordance with this policy.

In the event that an alleged offense is so serious so as to possibly jeopardize the safety of others, the Executive 
Committee of the Ontario Minor Hockey Association may immediately remove the alleged offender from 
TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION activities, pending an investigation of the complaint in
accordance with this policy.

Appeals Procedure

Both the Complainant and Respondent shall have the right to appeal the decision and sanctions of the Panel, in 
accordance with the TECUMSEH-SHORELINE MINOR HOCKEY ASSOCIATION Appeal Policy.