Skate Wheatley General Dispute/Complaint Reporting and Resolution Policy

Policy Statement

Skate Wheatley places the highest priority on ensuring there is a safe, professional, inclusive and respectful environment for all participants and the General Dispute/Complaint Reporting and Resolution Policy (“Policy”) has been established to ensure such an environment. This Policy promotes awareness, fairness, equity, transparency, prevention and the appropriate timely response and resolution of reported violations to this Policy.

Critical to creating and maintaining a safe environment includes the establishment of preventative measures; as well as accessible reporting and resolution mechanisms to ensure fair and equitable treatment of all participants.

This Policy encourages the fair and impartial management of general disputes and is intended to encourage and enable all individuals to whom this Policy applies to submit and respond to concerns classified as a general dispute in nature. General disputes include matters such as breach of contracts and of Skate Ontario/Skate Canada rules, regulations and/or policies.

Background / Rationale

This Policy is designed as a control to help safeguard the environment, welfare and rights of everyone involved in skating at Skate Wheatley. The focus of this Policy is on the collective roles, responsibilities and practices of everyone involved in any skating activities at Skate Wheatley.

This includes the critical role of club, skating school individuals and members of Skate Wheatley, to work together in partnership to ensure an optimal operating environment where the safety of all participants, coaches, volunteers, and members at large (parents/guardians) is a priority at all times. Specifically, it is imperative that participants, coaches, volunteers, and members at large (parents/guardians) in the skating community work to ensure that there is a timely and appropriate response to general disputes. It is in the interest of all participants, coaches, volunteers, and members at large (parents/guardians) that such concerns be reported in good faith so that they can be properly addressed and corrected if required.

Policy Scope/Applicability

This Policy applies to all participants, coaches, volunteers, and members at large (parents/guardians), including reports and responses from individuals as defined within this Policy. When concerns arise involving Skate Wheatley participants that are still of a minor age, any results of the dispute resolution process outlined going forward within this Policy, will also extend to the members at large (parents/guardians) as an extension of that participant.

This Policy applies to general disputes/complaints between or amongst participants, coaches, volunteers, and members at large (parents/guardians), as defined within this Policy, in accordance with Skate Wheatley General Dispute Reporting and Resolution Procedure (“Procedure”), after every effort has been made to resolve the general dispute at the Skate Wheatley club level through the Skate Wheatley’s general disputes policies and procedures. To this extent, parties must attempt early resolution facilitation or mediation for a general dispute, before appealing the general dispute to Skate Ontario, unless it is deemed that it would cause harm to one or more of the parties.

This Policy also applies to reports/claims from or between individuals to whom this Policy applies.

This Policy applies to matters that may arise during the course of Skate Wheatley business, activities, and events including without limitation competitions, practices, travel associated with Skate Wheatley activities, and any meetings.

This Policy may also apply to an individual’s conduct outside of Skate Wheatley and Skate Ontario’s business, activities and events when such conduct:

1. adversely affects relationships within Skate Wheatley and Skate Ontario/Skate Canada (and its work and sport environment)

2. is detrimental to the image and reputation of Skate Wheatley and Skate Ontario/Skate Canada; and/or

3. is sufficiently serious and significant as to be of general importance to skating and/or of general importance to the overall ability of Skate Wheatley to discharge its objectives.

Note: The applicability of the individual’s conduct outside of Skate Ontario business, activities, and events will be determined by Skate Ontario at its sole discretion on a case-by-case basis. By registering for membership with Skate Wheatley, all individuals affiliated with Skate Wheatley agree to abide by these policies and agree to be held accountable for any discretions and results of said actions as outlined in the Policy below.

Violations of any Skate Wheatley and Skate Ontario policies may result in a warning, reprimand, restrictions, suspension, or other disciplinary actions up to and including expulsion. Where the participant is still of a minor age, disciplinary actions will also extend to the members at large (parents/guardians) as an extension of that participant, as applicable and appropriate, and/or as permitted by the Board of Directors and/or the Bylaws of Skate Wheatley. For coaches, a violation may also result in a status change to ‘not in good standing’ or such other status as may be in place from time to time. Membership with Skate Wheatley is considered by the Board of Directors to be a Privilege and not a Right, therefore any disciplinary action or decisions made about eligibility for club membership will be determined by a majority vote by the Board of Directors at a meeting using any evidence brought forth to be determined at their discretion if concerns or the risk of physical/mental harm is identified for any of their membership.

This Policy establishes the Procedure and is designed to ensure an appropriate and timely resolution of reports of general disputes/complaints.

This Policy does not apply to matters where there are other Skate Ontario policies in place, including but not limited to the policy on anti-doping, and appeals related to the team selection and carding processes.

Guiding Principles

The guiding principles set out below provide the framework for this Policy.

• Promoting a Safe Sport environment and culture, including the security, safe practices and treatment of individuals with respect, dignity, fairness, and inclusion, in support of our core values,

• Protecting the safety and welfare of all participants through preventative measures, including comprehensive policies and protocols, risk identification and management, education, training, resources and communication and awareness,

• Ensuring and supporting an accessible reporting and resolution process that is confidential, compassionate, fair, comprehensive, transparent and independent; ensures timely resolution; and is without reprisal for general disputes.

Definitions

Certain terms used herein may not be capitalized; however, for the purposes of this Policy, the following terms herein have the ascribed meanings as set forth below. In addition, all references to the singular include the plural and vice versa.

Board: pursuant to the Bylaws, means the board of directors of Skate Wheatley.

Bylaws: mean the Bylaws of Skate Wheatley that govern the organization outlining the rights, roles and responsibilities of the Board and members.

Complainant: The individual or entity lodging a dispute or complaint.

 

Costs: Costs for dispute resolution include the cost of the facilitator or mediator and any other facility and hosting costs.

Early resolution facilitation: Is an informal dispute resolution process whereby a neutral third-party facilitator who is a professional mediator facilitates communication with parties to help them reach a resolution. In this process the parties make the decisions and the facilitator guides the conversation.

Early resolution facilitator: The resolution facilitator is a professional mediator whose role is to provide a forum for parties to openly communicate with one another and, where possible, guide them to an amicable settlement.

General Dispute/Complaint: General disputes/complaints around personal conflicts between members, volunteers, coaches, or staff. Disagreements regarding club policies, decisions, or procedures. Any other issues affecting the club's operations or environment. This Policy applies in respect of a matter of governance or contract which has a material adverse effect on the figure skating environment in which Skate Wheatley/Skate Ontario/Skate Canada programs are delivered, and/or where an individual has committed a serious breach of the membership rules, regulations and/or policies of Skate Wheatley/Skate Ontario/ Skate Canada.

Individual: means a person, and includes registrants, volunteers, parents/guardians of skaters (including minor skaters), as well as persons engaged in activities, events/competitions and programs with and/or hosted by Skate Wheatley/Skate Ontario or Skate Wheatley, including, but not limited to, directors of the Board, members of the standing committees of the Board, members of the operating committees of Skate Wheatley and officers of Skate Wheatley.

Interest-based Mediation: means a process where an independent mediator facilitates a dispute between parties. The mediator helps the parties communicate and negotiate more respectfully, efficiently and effectively to create an agreement. In interest-based mediation, the mediator has no decision-making authority – it is the parties responsibility to make the decisions and create the agreement.

Interest-based Mediator: means an independent third-party who is a knowledgeable, neutral, process manager who is trained in conflict resolution and mediation.

Law: means any applicable legislation, statutes, regulations, policies, rules and codes of conduct established by government, legal or regulatory authority, or by any self- regulated industry association by which Skate Wheatley and Skate Ontario is or has agreed to be bound.

Member: pursuant to the Bylaws, means each individual that meets the requirements of the Bylaws and that has been duly admitted as a member of Skate Wheatley.

Misconduct: means acts, conduct and/or behaviours that result in or have the potential to result in physical or psychological harm, which for the purposes of Policy includes: maltreatment, behaviours, acts and/or conduct of abuse including physical, psychological, and sexual; neglect; grooming; and interference or manipulation with the processes related to the implementation of this Policy, including retaliation, aiding and abetting, failure to report maltreatment of a minor, failure to report inappropriate conduct, and intentionally filing a false allegation, abuse of authority, bullying, harassment, and discrimination.

Minor: means a child under the age of majority and as defined in the province of Ontario, as may be amended from time to time. It is the responsibility of all to know the age of a minor.

Respondent: The individual or entity against whom a dispute or complaint is lodged.

Safe Sport: means a program designed to protect the safety and welfare of all participants through prevention, comprehensive policies and protocols, risk identification and management, education, training, resources and communication.

Participant/Skater: means (i) a person who is registered at a club or skating school with Skate Wheatley, Skate Canada and Skate Ontario and who is subject to all applicable rules, regulations and policies of Skate Canada and Skate Ontario but who is not a member; and (ii) a person who is engaged in any activity provided, sponsored, supported, sanctioned or recognized by Skate Wheatley, Skate Ontario and registered directly with Skate Canada and Skate Ontario but who is not a member.

No Retaliation for good faith reports

Retaliation against an individual who has reported an incident in good faith will not be tolerated and one who retaliates is subject to disciplinary action, up to and including expulsion from membership in Skate Wheatley, Skate Ontario and/or Skate Canada.

Acting in good faith

Anyone reporting a concern must be acting in good faith and have reasonable grounds for believing the information being reported is true and accurate. Any allegations that prove not to be substantiated and prove to have been malicious or intentionally false will be viewed as a serious offence, subject to disciplinary action up to and including expulsion from membership with Skate Wheatley, Skate Ontario and/or Skate Canada.

Confidentiality

Once a general dispute has been reported and until the parties come to a resolution through their negotiation, early resolution facilitation or mediation, to protect the interests of all parties, no individual is permitted to disclose either the existence of a complaint or confidential information or records that form part of the negotiation, early resolution facilitation or mediation of the complaint to any individual outside of the complaint except as strictly required for the purposes of negotiation, early resolution facilitation or mediation, taking corrective action with respect to the complaint or as otherwise compelled by law. Skate Wheatley, as applicable, shall be required to maintain the confidentiality of the general dispute, inquiry or record thereof, including contents of meetings, interviews, results of investigations, the discipline and other information only to the extent practical and appropriate. There may be cases that confidentiality is not feasible, including but not limited to, where an immediate temporary suspension of membership or registration is required pending the outcome of the negotiation, early resolution facilitation or mediation.

In certain circumstances, Skate Wheatley is obligated by law or by order of a tribunal of competent jurisdiction to disclose confidential information regardless of whether consent is provided.

Any breach of the confidentiality requirements as outlined herein will be treated as a serious offence.

The individual who breached the confidentiality requirements may be subject to disciplinary action, at the sole discretion of Skate Wheatley, up to and including expulsion from membership at Skate Wheatley.

Timelines

If the circumstances are such that a timely resolution is not possible, Skate Wheatley (depending on the nature of the dispute) may direct that the timelines as outlined in the Procedure be revised.

Costs

If during the assessment Skate Ontario determines that the dispute will be addressed by Skate Ontario and not sent back to the local club or skating school, the cost formula that is in the Skate Ontario procedures will be used to determine how parties will pay for the cost of processing the dispute.

As per the Skate Ontario Policy:

Any costs that the parties paid for dispute resolution before submitting a complaint or an appeal to Skate Ontario will be paid by the parties including:

1. Communication between the individual parties

2. Early resolution facilitation

3. Mediation

4. Arbitration

Records and Distribution of Decisions

Records of all decisions, including all supporting documentation (investigation reports, any corrective action taken, notes, etc.), will be maintained by Skate Wheatley, in a secure location in accordance with the Skate Wheatley Record Retention Policy.

Skate Wheatley will take all reasonable steps to implement the necessary preventative measures and respond to any reported general dispute.

Skate Wheatley will collaborate with the provincial government, Skate Ontario, Skate Canada, as well as applicable partners to support and advance Safe Sport programs

Board

The Board has overall accountability for the approval and oversight of this Policy to ensure that the Policy is consistent with the strategic direction, objectives and any strategic plans of Skate Wheatley.

Skate Wheatley President

The Board has assigned the responsibility for the implementation of this Policy and the Procedure to the President, including ensuring the organization has the appropriate resources to develop ongoing prevention measures, operational procedures and practices for Safe Sport, and an ongoing and ever evolving communication and partnership strategy within the skating community to ensure a Safe Sport environment for all of our participants.

Individuals

All individuals are responsible to:

• be familiar with and understand the provisions of this Policy, the supporting Procedure, Skate Wheatley and Skate Ontario Codes of Conduct, as well as other applicable Skate Wheatley and Skate Ontario policies and protocols, including those specifically identified in this Policy;

• treat everyone with professionalism, respect, inclusiveness, dignity, and fairness in alignment with our core values;

• support Skate Wheatley’s vision of providing the safest possible environment for all of our participants, coaches, volunteers, and members at large (parents/guardians) in the skating community;

• report any wrongdoing or concerns as outlined in this Policy;

• protect all individuals who report general disputes from retaliation or reprisal; and

• take all applicable education and training, as prescribed from time to time.

Controls and Monitoring

The primary controls and monitoring mechanisms for this Policy are as follows:

1. Establishment, oversight and continuous updating of policies, procedures and guidelines for best practices related to Safe Sport, as applicable.

 

Governance / Oversight

This Policy is reviewed and approved YEARLY at the first Board Meeting following Skate Wheatley’s AGM, or sooner if there are legislative or regulatory changes, as part of policy review and validation in accordance with the Policy Management.

General Dispute/Complaint Reporting Procedures

Skate Wheatley follows a structured dispute resolution process to ensure that all parties involved have an opportunity to be heard and that conflicts/identified concerns are resolved fairly and promptly. In the event of a dispute, the complainant should first attempt to resolve the issue informally by discussing it with the relevant party involved (e.g., coach, parent, peer, club administrator). If the dispute remains unresolved after informal attempts, the complainant may escalate the matter to the Skate Wheatley Board of Directors.

Filing a General Dispute/Complaint

Complaints may be submitted by any member, participant, coach, official, volunteer, parent, or stakeholder who has witnessed or been subjected to misconduct or inappropriate behaviour. Disputes/Complaints should be submitted in writing/to the Skate Wheatley Board of Directors via email skatewheatley@gmail.com and include:

○        Details of the alleged misconduct, violation, or behaviour.

○        Any supporting documentation or evidence including dates, location etc.

○        Names of witnesses, if applicable.

**Under no circumstance, should concerns/complaints regarding Skate Wheatley, its business, and/or its affiliated membership be sent via a Skate Wheatley Social Media Outlet, and/or including contacting other membership, Board Members, and/or Coach’s via personal texts/emails/social media outlets for matters regarding/affecting the club and/or its affiliated membership. This may result in disciplinary action at the discretion of Skate Wheatley’s Board of Director’s if it is brought forward as an identified concern from any member of Skate Wheatley or the skating community.

Receipt of a General Dispute/Complaint

Upon receipt of a complaint, a member of the board executive will inform the parties of the dispute resolution policies and procedures. The parties will be informed of the procedures below:

Investigation and Resolution

Upon receipt of a dispute/complaint, the Skate Wheatley Board of Directors will conduct a thorough investigation in a timely and confidential manner. The Board may interview relevant parties, gather evidence, and take any other necessary steps to determine the validity of the complaint. Based on the findings of the investigation, the Board will determine the appropriate course of action, which may include disciplinary measures, sanctions, or referral to law enforcement if warranted. The Board will provide written notification of the outcome to the complainant and the respondent.

 

Grounds for Suspension

Suspension may be imposed on an individual pending the outcome of a complaint investigation or disciplinary proceedings if there is reasonable cause to believe that their continued participation poses a risk to the safety or well-being of others. Grounds for suspension may include but are not limited to:

○        Allegations of physical or verbal harassment/abuse.

○        Violation of Skate Wheatley's Code of Conduct.

○        Criminal charges or convictions related to misconduct.

Suspension Process

The decision to suspend an individual will be made by the Skate Wheatley Board of Directors based on the recommendation of the Complaint Review Committee, if applicable. The individual will be notified of the suspension in writing, including the reasons for the suspension and the duration of the suspension period. During the suspension period, the individual is prohibited from participating in Skate Wheatley activities or accessing club facilities.

Grounds for Expulsion

Expulsion may be imposed on an individual following a thorough investigation and determination of serious misconduct or repeated violations of Skate Wheatley's policies and guidelines. Grounds for expulsion may include but are not limited to:

○        Serious or persistent acts of physical or verbal abuse.

○        Serious or persistent breaches of Skate Wheatley's Code of Conduct.

○        Criminal convictions related to misconduct.

 Expulsion Process

The decision to expel an individual will be made by the Skate Wheatley Board of Directors based on the recommendation of the Complaint Review Committee, if applicable. The individual will be provided with written notification of the expulsion, including the reasons for the decision. Expulsion results in the permanent termination of the individual's membership and participation in any and all Skate Wheatley activities going forward. If the individual is a minor, the expulsion will also extend to their parents/guardians.

Appeals Process

Individuals who have been suspended or expelled have the right to appeal the decision by submitting a written appeal to the Skate Wheatley Board of Directors within a specified timeframe. The Board will review the appeal and may conduct further investigation or reconsideration of the decision as necessary. The decision of the Board on the appeal is final and binding.

Contact Information for Reporting:

Skate Wheatley:
E-mail: skatewheatley@gmail.com

 

 

Municipality of Chatham-Kent (Arena ice rink/facilities):

Tel: 519.682.1022
Email: ckrecfacilities@chatham-kent.ca
Web: www.chatham-kent.ca

If the complaint contains any allegations of misconduct, the complaint will be automatically redirected to the Skate Canada external independent third-party Case Manager process by way of the following channels:

Skate Canada Safe Sport
safesport@skatecanada.ca
1-888-747-2372 ext: 703

Misconduct Reporting
Skate-Safe.ca
File A Report
1-833-723-3758