Conflict Resolution / Mediation Process (Chatham-Kent Cyclones AAA Hockey Association)

PrintConflict Resolution / Mediation Process
Conflict Resolution / Mediation Process.
Approved: August 7, 2013
PURPOSE

The Chatham Kent AAA Cyclones Organization (Organization) is committed to providing and maintaining a respectful environment free from discrimination/harassment.

The Organization will not tolerate any acts of discrimination /harassment and will take all reasonable and practical measures to prevent this behavior. 

The Organization will treat any claim of discrimination/harassment as a serious matter and will respond promptly. Anyone who violates this policy is subject to a formal review by the existing Chatham Kent AAA Hockey Board of Directors. 



The purpose of this policy is to:
 
•  Provide an environment free from discrimination/harassment, in which all individuals are treated with respect and dignity.
•  Provide a conflict resolution/mediation process to address any complaints of alleged discrimination/harassment by providing an effective and fair complaint procedure.
•  Ensure that everyone knows his or her rights and responsibilities. 

SCOPE


This policy applies to all players, parents, coaching staff, and Board Members of the Organization.

This policy also includes individuals external to the Organization (i.e. referees, volunteers, members of  the public, etc.) who may be involved in the Chatham Kent Cyclones AAA Hockey Program.

DEFINITIONS

Bullying

Any inappropriate behavior, direct or indirect, aggressive or passive, whether verbal, physical or  otherwise, performed by one or more persons against another person or group of people, which could  reasonably be regarded as undermining the individual’s right to dignity.

Complainant

The complainant is the individual who lodges a complaint.

Discrimination/Harassment

Discrimination means any form of unequal treatment, whether intentional or not, based on protected grounds under the Ontario Human Rights Code. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but have the effect of  imposing burdens, obligations, disadvantages, on certain groups of people, or which withholds or  limits access to opportunities, benefits and advantages available to other individuals. 

Harassment is based on:

•  General Context
General harassment is a course of vexatious comment, conduct or any improper behavior by an individual that is directed at and is offensive to another person or group of individuals, and which that person knew or should reasonably have known would be unwelcome.
 
General harassment can also be in the form of unwanted or unwelcome acts of coercion and psychological harassment or misuse of power, including annoying or distressing behavior through repeated and hostile or unwanted conduct, verbal comments, e-mails, threats, actions or gestures that affect a person’s mental or physical well-being.

Comments or conduct that creates an offensive, hostile, or intimidating climate resulting in what often is referred to as a poisoned environment.

 Human Rights Legislation
Human rights harassment is identified in the Ontario Human Rights Code, which is a provincial law in the province of Ontario, as being harassment based on “protected grounds”. The specific protected grounds include: race, color, place of origin, ethnic origin, ancestry, citizenship, creed, sex (including pregnancy and breastfeeding), sexual orientation, age, marital status, family status, same-sex partnership status, record of offenses, disability within the meaning of the Ontario Human Rights Code, association or relationship with a person identified by one of the preceding grounds, or perception that one of the above grounds applies.

•  Sexual Context
Sexual harassment is one or a series of comments or conduct of a gender-related or sexual nature that is known or ought reasonably to be known to be unwelcome/unwanted, offensive, intimidating, hostile or inappropriate. 

•  Textual Context
Textual harassment is the use of personally owned electronic devices (i.e. mobile phone, Blackberry, computer) to send one or a series of unsolicited text messages to another person of sexual context, abuse or bullying in nature. 

Grievance Director

The Grievance Director is an elected member of the Board who will assist with resolving complaints should the Parent Liaison of the team be unable to resolve matters.

Investigator

The Investigator is the individual who is directly involved in the conflict resolution and/or mediation process and assesses the allegations brought forward. The Investigator may be the Grievance Director, another Board Member(s) or an external party (Mediator) if warranted.

Mediator

The Mediator is an external third party individual who assists in conflict resolution, based on allegations brought forward, through a mediation resolution process. The Mediator is an active participant in the discussions and attempts to work out a solution agreeable by all parties involved.

Mediation

Mediation is a form of alternative conflict resolution assisting two or more individuals in resolving their issues by reaching a mutual agreement.

Parent Liaison

The Parent Liaison is a parent of a player appointed to address any concerns brought forward at the team level. Teams are required to appoint a Parent Liaison at the beginning of each hockey season.

Process

 Informal Resolution Process

The Complainant initiates the resolution process by confronting the Respondent personally, or in writing and firmly informs him or her that their behavior is unwelcome and that the discrimination/harassment must cease immediately. Resolution is usually in the form of an apology without the necessity of a formal conflict resolution process. 

•  Formal Resolution Process

The Complainant files a written complaint, including relevant allegations, to the Grievance Director who will determine if a formal conflict resolution process should be launched.

 Mediation Process

The Grievance Director, in consultation with the Complainant and the Respondent, may determine that the complaint brought forward would be best resolved through mediation. If all affected parties agree to engage in mediation, then a mediation process would be arranged with the Board of Directors or an external party, if warranted.
At any time during an Informal or Formal Conflict Resolution Process the Grievance Director may also recommend that a confidential mediation process would be the best method of resolution for all parties concerned. 

Respondent

The Respondent is the individual who is alleged to have been the source of the discrimination/harassment. 

RESPONSIBILITY

Everyone associated with the Organization has a responsibility to ensure that the environment is free from discrimination/harassment. 

COMMUNICATION

The Grievance Director will advise the Board when a formal complaint has been received so that an ongoing communication strategy can be developed to keep all parties involved updated on matters.

PROCEDURES

1.0  What if you feel you are being discriminated/harassed?

Step #1: Ask the Person to Stop

•  If you are able, inform the Respondent that his/her behavior is unwelcome and unwanted
•  Ask the Respondent to stop the offensive behavior and/or comments.

Step #2: Keep a Record of Events

•  Keep a record of the behavior.
•  Record dates, times, locations, witnesses, and what was said and done by both you and the Respondent.
•  Failure to keep an accurate record of the event(s) will not invalidate your complaint, keeping a record, however, will assist the Organization in taking action, if necessary.

Step #3: Lodge a Complaint

•  If the behavior continues, or if the circumstances are such that you feel unable to ask the Respondent to stop, you should report the problem to your Parent Liaison.
•  The Parent Liaison will attempt to resolve the issues by meeting with respective parties.
•  If the Parent Liaison requires assistance resolving the matter, they are to contact the Grievance Director.
•  The Grievance Director will review the complaint, meet with the complainant and respondent in an effort to reach an amicable resolution.
•  Upon completion of the conflict resolution and/or mediation process the Grievance Director will meet with you to advise you of the outcome.
•  If the Grievance Director is unable to resolve matters the case will be brought to the Board for further assessing and determination of next steps.
•  The Organization will maintain the information that you provide in confidence to the degree possible and subject to any disclosure requirements at law and the principles of procedural fairness.
•  Where violation of this policy is demonstrated, the Organization is committed to taking appropriate action.

2.0  What if someone makes a complaint against you?

If either a formal or informal complaint is brought forward against you the following process will be in place:

•  You will be treated fairly and the allegations considered objectively.
•  You will have a full opportunity to present your side of the story.
•  You will be expected to co-operate fully and in good faith in during the conflict resolution and/or mediation process.
•  Upon completion of the conflict resolution and/or mediation process the Grievance Director will meet with you to advise you of the outcome.
•  The Organization will maintain the information that you provide in confidence to the degree possible and subject to any disclosure requirements at law and the principles of procedural fairness.
•  Where violation of this policy is demonstrated, the Organization is committed to taking appropriate action.

REPRESENTATION

Everyone has the right to appropriate representation and may opt to include an additional person (co-worker, spouse, friend, etc.) during any part of this process.

COOPERATION EXPECTED

Everyone has an obligation to ensure that everyone is treated with mutual respect. The Organization expects that everyone contacted in the course of the conflict resolution and/or mediation process will participate fully and in good faith as requested. The confidentiality of everyone participating in the process will be protected to the degree possible and subject to any disclosure requirements at law and the principles of procedural fairness.

NO REPRISALS TOLERATED

It is a violation of this policy for anyone to take any reprisal against any person for the reason that he or she invoked this policy or participated in a conflict resolution and/or mediation process.
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Printed from chathamkentcyclones.ca on Sunday, December 16, 2018 at 3:19 AM