Policy On Abuse and Harassment
Policy Statement

NWT JUDO ASSOCIATION POLICY ON ABUSE AND HARASSMENT

POLICY STATEMENT

1. The NWT Judo Association is committed to providing a sport and work

environment in which all individuals are treated with respect and dignity. Each individual has the right to participate and work in an environment which promotes equal opportunities and prohibits discriminatory practices.

2. The NWTJA does not tolerate Harassment in connection with any of its internal

or external business, sport or related activities.

3. The NWT Judo Association further makes the following policy statement:

• Harassment is a form of discrimination. Harassment is prohibited by the Canadian Charter of Rights and Freedoms and by human rights legislation in every province and territory of Canada.

• Harassment is offensive, degrading and threatening. In its most extreme forms, harassment can be an offence under Canada s Criminal Code.

• Whether the harasser is a director, supervisor, employee, coach, official, volunteer, parent or athlete, harassment is an attempt by one person to assert abusive, unwarranted power over another.

• The NWT Judo Association is committed to providing a sport environment free of harassment on the basis of race, nationality or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or pardoned conviction.

4. This policy applies to all employees as well as to all directors, officers,

volunteers, coaches, athletes, officials, and members of the NWT Judo Association. The NWT Judo Association encourages the reporting of all incidents of harassment, regardless of who the offender may be.

5. This policy applies to harassment which may occur during the course of all

NWTJA business, activities, and events. It also applies to harassment between individuals associated with NWTJA but outside of NWTJA business, activities, and events when such harassment adversely affects relationships within the NWT Judo Association's work and sport environment.

6. Notwithstanding this policy, every person who experiences harassment continues

to have the right to seek assistance from their Territorial Human Rights Commission, even when steps are being taken under this policy.

7. For the purposes of this policy, Harassment may occur: a) at sporting events, competitions or training sessions; b) at the office; c) at office- or sport-related social functions; d) at NWTJA’s business or sport functions, such as meetings, conferences, training sessions, and workshops; e) during work- or sport-related travel; f) via the telephone, electronic and/or other telecommunication devices; or g) elsewhere if the person harassed is there as a result of work- or sport-related responsibilities or a work- or sport-related relationship.

8. The procedure followed under this policy shall adhere to the process of natural

justice, which means that: a) the Respondent and Complainant will be advised of the provisions of this policy; b) the Respondent and Complainant will be given an opportunity to present evidence in support of his/her position and to defend himself/herself against allegations of Harassment; c) the issues will be clearly and concisely stated so that the Respondent is aware of the allegations; d) the Respondent and Complainant will have the right to be represented at any stage of the process at their own expense; e) the Respondent and Complainant will receive a copy of the Investigation Report; f) The Respondent and Complainant have the right to an appeal pursuant to s. 8; and g) the decision-makers (Investigation Officer, Discipline Committee and Appeal Panel) have a duty to listen fairly to both sides and to reach a decision untainted by bias.

9. The NWTJA is committed to the prevention of Harassment through educational

programs including information and training.

10. Disciplined training is an indispensable part of high performance sport and

should not be confused with discrimination or Harassment. However, it is of vital importance that those in authority: a) set and communicate performance and training standards to all participants; b) ensure that training involving touching or other physical contact occurs in an appropriate setting and only after informed consent, where practicable, has been sought and received; c) are consistent and non-harassing when taking any corrective or punitive action; d) use non-harassing terminology; address individuals by name and avoid the use of derogatory, slang or offensive terms; and e) refer to and follow the NWTJA’s Code of Conduct accurately.

11. Employees or members of [SO] against whom a complaint of Harassment is

substantiated may be severely disciplined, up to and including employment dismissal or termination of membership.

12. If Abuse of a child is suspected or disclosed, reporting to the appropriate

authorities is mandatory and it should be reported to the police and/or the Director of Child and Family Services.

DEFINITIONS

13. Abuse: Abuse can be physical, emotional or sexual.

a) Physical Abuse - using physical force or actions that result, or could result, in injury. b) Emotional Abuse - a pattern of hurting an individual’s feelings to the point of damaging their self-respect. It includes verbal attacks on the individual, insults, humiliation or rejection. c) Sexual Abuse - using an individual for sexual stimulation or gratification unless, in the case of an adult, that individual consents.

14. Harassment: Any behaviour that satisfies one or more of the following definitions of Harassment.

a) Personal Harassment: Behavior, including communication, conduct or gesture, which:

(i) is insulting, intimidating, humiliating, hurtful, malicious, degrading, or otherwise offensive to an individual or group of individuals (including a statement with respect to a Prohibited Ground or otherwise); and (ii) would be considered by a reasonable person to create an intimidating, humiliating or uncomfortable work or sport-related environment. b) Sexual Harassment: Behaviour involving unwelcome sexual advances, requests for sexual favours or other communication (verbal or written) or physical conduct of a sexual nature when:

(i) such conduct might reasonably be expected to cause embarrassment, insecurity, discomfort, offense or humiliation to another person or group; or (ii) submission to such conduct is made, implicitly or explicitly, a condition of employment or participation in a sport-related activity; or (iii) submission to or rejection of such conduct is used as a basis for any employment or sport-related decision; or (iv) such conduct has the purpose or the effect of interfering with a person’s work or sport performance or of creating an intimidating, hostile or offensive work or sport environment. c) Retaliation: Acts of Retaliation

15. Types of behaviour that may constitute Harassment include, but are not limited to:

a person’s body, sexual orientation, attire, age, marital status, ethnic or racial origin, or religion;

graffiti;

which cause awkwardness or embarrassment, endangering a person’s safety or negatively affecting performance;

-respect or adversely affects performance or working conditions;

cusations of Harassment motivated by malice or mischief, and meant to cause other harm.

16. Retaliation: Any action taken against an individual in retaliation for:

a) having initiated this policy on behalf of himself/herself or another individual; b) having participated or cooperated in any investigation under this policy; or c) having associated with anyone who has invoked this policy or participated in an investigation.

RESPONSIBILITIES

17. The NWTJA is responsible to:

a) ensure that all of its members, directors, officers, employees, persons under an

employment contract, volunteers, coaches, athletes, and officials are familiar with this policy;

b) provide awareness and educational opportunities to its members, directors, officers, employees, persons under an employment contract, volunteers, coaches, athletes, and officials regarding this policy;

c) informing both complainants and respondents of the procedures contained in this

policy and of their rights under the law;

d) regularly reviewing the terms of this policy to ensure that they adequately meet

the organization's legal obligations and public policy objectives;

e) appointing officers and providing the training and resources they need to fulfil

their responsibilities under this policy; and

f) appointing unbiased case review panels and appeal bodies as well as providing

the resources and support they need to fulfil their responsibilities under this policy.

18. The NWTJA is responsible for:

• discouraging and preventing harassment within its ranks;

• investigating formal complaints of harassment in a sensitive, responsible and timely manner;

• imposing appropriate disciplinary or corrective measures when a complaint of harassment has been substantiated, regardless of the position or authority of the offender;

• providing advice to individuals who experience harassment;

• doing all in its power to support and assist any employee or member of the NWT Judo Association who experiences harassment by someone who is not an employee or member of NWTJA;

19. Every member of the NWTJA has a responsibility to play a part in ensuring that

the NWT Judo Association sport environment is free from harassment. This means not engaging in, allowing, condoning or ignoring behaviour contrary to this policy. Furthermore, any member of the NWT Judo Association who believes that a fellow member has experienced or is experiencing harassment is encouraged to notify a harassment officer appointed under this policy.

20. In the event that either a member of the NWT Judo Association executive

committee or the executive director are involved in a complaint which is made under this policy, the NWTJA president or vice-president shall appoint a suitable alternate for the purpose of dealing with the complaint.

COACH/ATHLETE SEXUAL RELATIONSHIPS

21. The NWT Judo Association takes the view that intimate sexual relationships

between coaches and adult athletes, while not against the law, can have harmful effects on the individual athlete involved, on other athletes and coaches and on the NWTJA’s public image. The NWT Judo Association therefore takes the position that such relationships are unacceptable for coaches. Should a sexual relationship develop between athlete and coach, the NWT Judo Association will investigate and take action, which could include reassignment, or if this is not feasible, a request for resignation or dismissal from employment.

CONFIDENTIALITY

22. The NWT Judo Association understands that it can be extremely difficult to come

forward with a complaint of harassment and that it can be devastating to be wrongly convicted of harassment. The NWT Judo Association recognizes the

interests of both the complainant and the respondent in keeping the matter confidential.

23. The NWT Judo Association shall not disclose to outside parties the name of the

complainant, the circumstances giving rise to a complaint or the name of the respondent unless such disclosure is required by a disciplinary or other remedial process.

HARASSMENT OFFICERS

24. The NWT Judo Association shall strive to ensure a gender balance in the

selection of its harassment officers.

25. The role of harassment officers is to serve in a neutral, unbiased capacity in

order to receive complaints, assist in the informal resolution of complaints and to investigate formal written complaints. In carrying out their duties under this policy, harassment officers shall be directly responsible to the NWT Judo Association executive committee.

26. The NWT Judo Association shall ensure that harassment officers receive

appropriate training and support for carrying out their responsibilities under this policy.

COMPLAINT PROCEDURE

27. A person who experiences harassment is encouraged to make it known to the

harasser that the behaviour is unwelcome, offensive and contrary to this policy.

28. If confronting the harasser is not possible, or if after confronting the harasser the harassment continues, the complainant should seek the advice of a harassment officer.

29. The harassment officer shall inform the complainant of:

• the options for pursuing an informal resolution of his or her complaint;

• the right to lay a formal written complaint under this policy when an informal resolution is inappropriate or not feasible;

• the availability of counselling and other support provided by the NWT Judo Association;

• the confidentiality provisions of this policy;

• the right to be represented by a person of choice (including legal counsel) at any stage in the complaint process;

• the external mediation/arbitration mechanisms that may be available;

• the right to withdraw from any further action in connection with the complaint at any stage (even though NWTJA might continue to investigate the complaint); and

• other avenues of recourse, including the right to file a complaint with a human rights commission or, where appropriate, to contact the police to have them lay a formal charge under the Criminal Code.

30. There are four possible outcomes to this initial meeting of complainant and

harassment officer.

(a) The complainant and harassment officer agree that the conduct does not

constitute harassment.

• If this occurs, the harassment officer will take no further action and will make no written record.

(b) The complainant brings evidence of harassment and chooses to pursue

an informal resolution of the complaint.

• If this occurs, the harassment officer will assist the two parties to negotiate an acceptable solution to the complaint. If desired by the parties and if appropriate, the harassment officer may also seek the assistance of a neutral mediator.

• If informal resolution yields a result which is acceptable to both parties, the harassment officer will make a written record that a complaint was made and was resolved informally to the satisfaction of both parties, and will take no further action.

• If informal resolution fails to satisfy the complaint, the complainant will reserve the option of laying a formal written complaint.

(c) The complainant brings evidence of harassment and decides to lay a

formal written complaint.

• If this occurs, the harassment officer will assist the complainant in drafting a formal written complaint to be signed by the complainant, and a copy given to the

respondent without delay. The written complaint should set out the details of the incident(s), the names of any witnesses to the incident(s) and should be dated and signed.

• The respondent will be given an opportunity to provide a written response to the complaint. The harassment officer may assist the respondent in preparing this response.

(d) The complainant brings evidence of harassment, but does not wish to lay

a formal complaint.

• If this occurs, the harassment officer must decide if the alleged harassment is serious enough to warrant laying a formal written complaint, even if it is against the wishes of the complainant.

• When the harassment officer decides that the evidence and surrounding circumstances require a formal written complaint, the harassment officer will issue a formal written complaint and, without delay, provide copies of the complaint to both the complainant and the respondent.

31. As soon as possible, but within 15 days of receiving the written complaint, the

harassment officer shall submit a report to the NWT Judo Association President and Executive Director, containing the documentation filed by both parties along with a recommendation that:

• No further action be taken because the complaint is unfounded or the conduct cannot reasonably be said to fall within this policy's definition of harassment; or

• The complaint should be investigated further.

A copy of this report shall be provided, without delay, to both the complainant and the respondent.

32. In the event that the harassment officer's recommendation is to proceed with an

investigation, the NWT Judo Association President shall within twenty one (21) days appoint three members of NWT Judo Association to serve as a case review panel. This panel shall consist of at least one woman and at least one man. To ensure freedom from bias, no member of the panel shall have a significant personal or professional relationship with either the complainant or the respondent.

33. The disciplinary hearing will be conducted in accordance with rules of natural

justice including the right to be heard by an impartial tribunal.

34. A respondent who is under the age of 19 or someone otherwise unable to speak for him or herself, must be accompanied by a parent, a legal guardian or a responsible adult at a disciplinary hearing.

35. A complainant who is under the age of 19, or someone otherwise unable to

speak for him or herself, may ask that parent, a legal guardian or a responsible adult to bring the complaint forward on his or her behalf and to assist him or her throughout the process.

36. A responsible adult is a person over the age of 19 chosen by a complainant or a

respondent who may speak on their behalf.

37. Where the investigation does not result in a finding of harassment, a copy of the

case review panel’s report shall be placed in the harassment officer's files. These files shall be kept confidential and access to them shall be restricted to the Judo Canada executive committee, executive director and officers.

38. If the investigation results in a finding of harassment, a copy of the case review panel’s report shall be placed in the personnel or membership file of the respondent.

PROCEDURE WHERE A PERSON BELIEVES THAT A COLLEAGUE HAS BEEN HARASSED

39. Where a person believes that a colleague has experienced or is experiencing harassment and reports this belief to an officer, the officer shall meet with the person who is said to have experienced harassment and shall then proceed in accordance with Sections 27 and following.

REVIEW AND APPROVAL

40. This policy was approved by the NWT Judo Association board of directors on

January 15, 2011

41. The Secretary of the NWT Judo Association shall review and report annually on

matters arising from the Policy.

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