1 thapporved september 20 2016 by the ontario sailing ... · 3 thapporved september 20 2016 by the...
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1 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Content: Ontario Sailing Policies and Procedures Date: September 20, 2016 with updates to policies April 16th 2018 Action: For review and approval by Ontario Sailing Board of Directors
Documents to be reviewed:
• Accessibility Standards for Customer Service Policy (as required by the Accessibility
for Ontarians with Disabilities Act 2015) Pages 2-4
• Alternative Dispute Resolution Policy Pages 5-6
• Anti-Doping Policy UPDATED Pages 7-8
• Appeal Policy Pages 9-11
• Athlete Code of Conduct Pages 12-13
• Board o f Directors R e s p o n s i b i l i t i e s a n d S c o p e N E W 1 4 - 1 5
• Coaches Code of Conduct Pages 16-18
• Concussion/Safe Return to Play Pages 19-21
• Confidentiality Policy NEW Page 22
• Equipment Loaning Policy Page 23
• Inclusion Policy NEW Pages 24-26
• Funding Policy Page 27
• Harassment Policy Page 28-33
• Membership Policy for 2018/2019 Pages 34-36
• Oath of Office, Code of Conduct and Conflict of Interest Policy Pages 37-44
• Parents Code of Conduct Page 45
• Privacy Policy Pages 46-55
• Provincial Team Selection Policy Pages 56-60
• Risk Management Policy Pages 61-64
• Screening Policy NEW 65-66
• Social Media Policy NEW Page 67-69
• Volunteer and Staff Confidentiality UPDATED Pages 70
• Statement of Investment Policy Pages 71-80
• Screening Policy Pages 81-83
• Discipline Policy Pages 84-88
2 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Accessibility Standards for Customer Service As Required by the Accessibility for Ontarians with Disabilities Act (AODA 2005)
The following policy, practices and procedures have been established by Ontario Sailing is to
govern the provision of its services in accordance with the Accessibility for Ontarians with
Disabilities Act, 2005 and Regulation 429/07, "Accessibility Standards for Customer Service."
1. Our mission The mission of Ontario Sailing is to ensure that its policies, practices and procedures for the
provision of its services are consistent with the principles outlined in the Accessibility Standards
for Customer Service to effectively provide services to people with disabilities.
2. Our commitment In fulfilling our mission, Ontario Sailing strives at all times to provide its goods and services in a
way that respects the dignity and independence of people with disabilities. We are also
committed to giving people with disabilities the same opportunity to access our goods and
services and allowing them to benefit from the same services, in the same place and in a similar
way as other customers.
3. Providing goods and services to people with disabilities Ontario Sailing is committed to excellence in serving all customers including people with
disabilities and we will carry out our functions and responsibilities in the following areas:
3.1 Communication When communicating with a person with a disability, Ontario Sailing will communicate in a
manner that takes into account the person's disability.
3.2 Telephone services Ontario Sailing is committed to providing fully accessible telephone service to our customers.
We will train staff to communicate with customers over the telephone in clear and plain
language and to speak clearly and slowly.
We will offer to communicate with customers by email, if telephone communication is not
suitable to their communication needs or is not available.
3.3 Assistive devices Ontario Sailing recognizes that some individuals with disabilities use assistive devices in order
to access our services. We will permit these individuals to use their assistive devices to obtain,
use or benefit from its services.
Should an individual with a disability be unable to access our services through the use of their
own personal assistive device, Ontario Sailing will determine if service is inaccessible, based
upon the individual requirements, assess service delivery and potential service options to meet
the needs of the individual.
3 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
3.4 Billing Ontario Sailing is committed to providing accessible invoices to all of our customers. For this
reason, invoices will be provided in the following formats upon request: hard copy, large print or
by email.
Ontario Sailing will answer any questions customers may have about the content of the invoice
in person, by telephone or email.
4. Service Animals
Ontario Sailing recognizes that some individuals with disabilities may require the use of guide
dogs or other service animals in order to access services. Persons with disabilities who are
accompanied by a guide dog or other service animal will be permitted to enter the parts of our
premises that are common areas and to keep the animal with them, unless the animal is
otherwise excluded by law from the premises.
If the animal is legally excluded from some parts of the premises, Ontario Sailing will provide
alternative measures to enable the person to obtain, use or benefit from its services.
4.1 Support Persons
Ontario Sailing further recognizes that some individuals with disabilities rely on support persons
for assistance while accessing services. A person with a disability who is accompanied by a
support person will be allowed to enter Ontario Sailing's premises together with the support
person and will not be prevented from having access to the support person while on our
premises at no additional cost.
5. Notice of Temporary Disruption
Ontario Sailing will provide customers with notice in the event of a planned or unexpected
disruption in the facilities or services usually used by people with disabilities. This notice will
include information about the reason for the disruption, its anticipated duration, and a
description of alternative facilities or services, if available. The notice will normally be posted on
the premises, where appropriate in the circumstances.
6. Staff Training
Ontario Sailing will provide training to applicable staff about the provision of services to persons
with disabilities and all those who are involved in the development and approvals of customer
service policies, practices and procedures.
Applicable staff will be trained on policies, practices and procedures that affect the way services
are provided to people with disabilities. Staff will also be trained on an ongoing basis when
changes are made to these policies, practices and procedures. New staff will be trained upon
the completion of the three-month probationary period.
Training will include the following:
• The purposes of the Accessibility for Ontarians with Disabilities Act, 2005 and the
requirements of the customer service standard
• How to interact and communicate with people with various types of disabilities
• How to interact with people with disabilities who use an assistive device or require the
assistance of a service animal or a support person
• What to do if a person with a disability is having difficulty in accessing Ontario Sailing
services.
4 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
• Ontario Sailing's policies, practices and procedures relating to the customer service standard.
7. Feedback Process
The ultimate goal of Ontario Sailing is to meet and surpass customer expectations while serving
persons with disabilities. Comments on our services regarding how well those expectations are
being met are welcome and appreciated.
Feedback regarding the way Ontario Sailing provides goods and services to people with
disabilities can be made by email, verbally, or in writing.
All feedback will be made to:
Ontario Sailing, Executive Director
17-70 Unsworth Hamilton Ontario, LBW 3K4
By Phone: 905-572-7245
By Fax: 905-572-6056
By Email: [email protected]
Complaints will be addressed according to complaint policy already established in our
company's complaint management procedures.
8. Modifications to this or other policies
We are committed to developing customer service policies that respect and promote the dignity
and independence of people with disabilities. Therefore, no changes will be made to this policy
before considering the impact on people with disabilities.
Any policy of Ontario Sailing that does not respect and promote the dignity and independence of
people with disabilities will be modified or removed.
9. Questions about this policy
This policy exists to achieve service excellence to customers with disabilities. If anyone has a
question about the policy, or if the purpose of a policy is not understood, an explanation should
be provided by, or referred to the Executive Director or President of Ontario Sailing.
10. Copies of this Policy
Ontario Sailing recognizes that persons with disabilities use methods other than the standard
print to access information. If Ontario Sailing is required to give a copy of this policy to a person
with a disability, we will provide the policy, or the information contained in the policy, in a format
that takes account the person's disability.
Alternatively, Ontario Sailing and the person with a disability may agree on an alternate format
for the document or information.
5 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Alternative Dispute Resolution Policy
Preamble
1. Ontario Sailing supports the principles of Alternative Dispute Resolution (ADR) and is
committed to the techniques of negotiation, facilitation and mediation, appeal, and finally
arbitration as effective ways to resolve disputes with and among members, and to avoid the
uncertainty, costs and other negative effects associated with litigation.
Scope
2. This policy applies to disputes with and among members, where the term "Member" refers to
all categories of members within Ontario Sailing, as well as to all individuals engaged in
activities with or employed by Ontario Sailing, including but not limited to: athletes, coaches,
instructors, officials, volunteers, directors and employees (including contract personnel).
3. This policy does not apply to disputes relating to
a) Matters of employment;
b) Infractions for doping offences, which are dealt with pursuant to the Canadian Policy
on Doping in Sport and the Canadian Doping Control Regulations;
c) The racing rules of sailing, which must be resolved by procedures outlined in The
Racing Rules of Sailing;
d) Discipline matters arising during events organized by entities other than Ontario
Sailing, which are dealt with pursuant to the policies of these other entities.
Negotiation
4. Ontario Sailing encourages all Members to communicate openly and to collaborate in using
problem-solving and negotiation techniques to resolve their differences. In almost all cases a
negotiated settlement is preferable to any outcome achieved through other dispute resolution
techniques, and negotiated resolutions to disputes with and among Members are strongly
encouraged.
Facilitation and Mediation
5. Opportunities for facilitation and mediation may be pursued at any point in a dispute within
Ontario Sailing where it is appropriate and where the disputing parties agree that such a course
of action would be mutually beneficial.
6. Where mediation is pursued, it will be done so in accordance with standard mediation
practice using mediators who are acceptable to the parties.
Appeals
7. Appeals within Ontario Sailing will be dealt with under the Ontario Sailing Appeal Policy.
Arbitration
8. In the event that a dispute persists after internal avenues of decision-making, negotiation,
facilitation, mediation and/or appeals have been exhausted, the parties may pursue
opportunities for independent arbitration.
9. Where such independent arbitration is pursued, it will be done so in accordance with
standard arbitration practice using trained arbitrators who are acceptable to the parties
10. The parties involved in a dispute may also mutually agree to bypass internal avenues of
dispute resolution and may directly pursue opportunities for independent arbitration.
11. Where a dispute is referred to arbitration, all parties to the original dispute will become
parties to the arbitration.
6 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
12. The parties to arbitration will enter into a written Arbitration Agreement that will specify the
terms of the arbitration procedure.
I
Responsibility
13. The administration and review of this policy is the responsibility of the President.
7 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Anti-Doping Policy
Sail Canada has adopted the Canadian Anti-Doping Program (CADP). As part of Sail Canada, all
members o f Ontario Sailing are subject to Canada's anti-doping rules, which are administered by
the Canadian C e n t r e for Ethics in Sport (CCES). The CADP consists of several components
such as in- and out-of- competition testing, education, medical exemptions, and the
consequences of doping violations, and is c o m p l i a n t with the World Anti Doping Code and all
international standards.
Through association membership all athletes of Ontario Sailing are bound by Sail Canada’s anti-doping policy. Please note however, that no dope testing will be conducted by Ontario Sailing for athletes competing in provincial level competitions in the Province of Ontario due to the high cost associated with such tests. Ontario athletes that compete in National level events held in Ontario, either through a Ontario Sailing partnership with or on behalf of Sail Canada, are fully bound by Sail Canada’s anti-doping policy. All Ontario athletes must comply with Sail Canada’s policy.
By adopting the CADP, Sail Canada has joined a world-class anti-doping program that is
designed to protect athletes' rights and ensure a level playing field. Sail Canada's anti-
doping policy reflects and s u p p o r t s the CADP.
The CCES recommends that athletes take the following actions to ensure they don't commit an
inadvertent anti-doping rule violation:
• Check the Global DRO www.globaldro.com to determine if any prescription or over-
the- counter medications or treatments that are banned by the WADA Prohibited
List
• Review Medical Exemptions requirements (www .cces .ca/medical) if you require the
use of a b a n n e d medication for a legitimate medical reason.
• Do not use supplements, or to take precautions prior to doing so. Supplement products
cannot be verified by the CCES or in the Global ORO. A lack of industry and government
regulation m a k e s it impossible to confirm their ingredients. Read more:
www.cces.ca/supplements
• Review the steps of the doping control sample collection
procedures: http://www .cces.ca/en/sample collection
The CCES recommends that athletes take the following actions to ensure they don't commit an
8 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
inadvertent anti-doping rule violation:
• Know your rights and responsibilities as an athlete with regard to anti-doping.
(link to: http://www .cces.ca/en/samplecollection/rightsandrespons ibilities)
• Always comply with a testing request if you are notified for doping control.
(link to: http://www .cces.ca/en/samplecollection )
• Check all medications and products before taking them to ensure they do not containingredients that are banned. (link to:
http://www .cces .ca/en/checkmeds) • Verify your medical exemption requirements. (link to: http://www.cces.ca/en/medical)
• Do not take supplements, but if you do, take steps to minimize your risk.
(hyperlink to: http://www .cces.ca/en/supplements)
• Get the latest news. Sign up to receive CCES media releases and advisory
notes. (link to: http://www .cces.ca/en/subscribe )
For additional resources and more about anti-doping, please contact the CCES
• www.cces.ca/athletezone
9 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Appeal Policy
Purpose
1. The purpose of this appeals policy is to enable disputes with members and participants to be
dealt with fairly, expeditiously and affordably, within Ontario Sailing, without recourse to
external legal procedures. An appellant may not appeal a decision before first using the problem
solving techniques of negotiation, and facilitation and mediation as set out in the Ontario Sailing
Alternative Dispute Resolution Policy.
Definitions
2. These terms will have these meanings in this policy:
a) Days -- will mean total days, irrespective of weekends or holidays.
b) Member -- refers to all categories of members in Ontario Sailing, as well as to all individuals
engaged in activities with or employed by Ontario Sailing, including, but not limited to, athletes,
parents, coaches, instructors, officials, volunteers, directors and employees (including contract
personnel) c) Appellant -- refers to the Member appealing a decision
d) Respondent -- refers to the body whose decision is being appealed.
e) Official -refers to the President of Ontario Sailing, or in his absence, his/her designate.
Scope of Appeal
3. Any Member of Ontario Sailing who is affected by a decision of the Board of Directors, of any
Committee of the Board of Directors, or of anyb ody or individual who has been delegated
authority to make decisions on behalf of the Board of Directors, will have the right to appeal that
decision, provided there are sufficient grounds for the appeal as set out in Paragraph 7 of this
policy. Examples of decisions that may be appealed include but are not limited to those relating
to eligibility, team selection, carding, harassment, discipline and entitlements and obligations
under an athlete agreement or national team agreement.
4. This policy will not apply to decisions relating to:
a) Matters of employment;
b) Infractions for doping offences, which are dealt with pursuant to the Canadian Policy on
Doping in Sport and the Canadian Doping Control Regulations;
c) The racing rules of sailing,
d) Discipline matters arising during events organized by entities other than Ontario Sailing,
which are dealt with pursuant to the policies of these other entities; and
e) Any decisions made under Paragraphs 6 of this policy.
Timing of Appeal
5. A Member who wishes to appeal a decision will have 5 Days from the date on which they
received notice of the decision, to submit in writing notice of their intention to appeal, grounds
for the appeal and a summary of the evidence that supports these grounds, to the Official.
6. Any Member wishing to initiate an appeal beyond the period of 5-Days must provide a written
request stating reasons for an exemption to the requirement of Paragraph 5. The decision to
allow, or not allow an appeal outside the period of 5-Days will be at the sole discretion of the
Official, and may not be appealed.
Grounds for Appeal
7. Not every decision may be appealed. Decisions may only be appealed, and appeals may only
be heard, on procedural grounds. Procedural grounds are strictly limited to the Respondent's:
a) Making a decision for which it did not have authority or jurisdiction as set out in Ontario
10 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Sailing governing documents;
b) Failing to follow procedures as laid out in the bylaws or approved policies of Ontario Sailing;
or c) Making a decision that was influenced by bias.
Screening of Appeal
8. Within 2 Days of receiving the notice and grounds of an appeal, the Official will determine
whether there are appropriate grounds for the appeal to proceed as set out herein.
9. If the appeal is denied on the basis of insufficient grounds, the Appellant will be notified of this
decision in writing, giving reasons. This decision is at the sole discretion of the Official and may
not be appealed.
Appeals Panel
10. If the Official is satisfied that there are sufficient grounds for an appeal, within 3 Days of
having received the original notice of appeal the Official will establish an Appeals Panel
(hereafter referred to as the "Panel") as follows:
a) The Panel will be comprised of three individuals who will have no significant relationship with
the affected parties, will have had no involvement with the decision being appealed, and will be
free from any other actual or perceived bias or conflict.
b) The Official may designate one of the Panel appointees to serve as chairperson of the Panel.
In the event the Official does not designate a Chairperson, the members of the Panel will select
from themselves a Chairperson.
Preliminary Conference
11. The Panel may determine that the circumstances of the appeal warrant a preliminary
Conference.
The matters that may be considered at a preliminary conference include:
a) Format of the appeal (hearing by documentary evidence, oral hearing or a combination of
both);
b) Timelines for exchange of documents;
c) Clarification of issues in dispute; d) Clarification of evidence to be presented to the Panel; order and procedure of hearing;
e) Location of hearing, where the hearing is an oral hearing;
f) Identification of witnesses; and g) Any other procedural matter that may assist in expediting the appeal proceedings.
12. The Panel may delegate to its Chairperson the authority to deal with these preliminary
matters on behalf of the Panel.
Procedure for the Hearing
13. Where the Panel has determined that the appeal will be held by way of oral hearing, the
Panel will govern the hearing by such procedures as it deems appropriate, provided that:
a) The hearing will be held within 14 Days of the Panel's appointment.
b) The Appellant and Respondent will be given 7 Days written notice of the date, time and place
of the hearing.
c) A quorum will be all three Panel appointees.
Decisions will be by majority vote, where the Chairperson carries a vote.
d) If the decision of the Panel may affect another party to the extent that the other party would
have recourse to an appeal in their own right under this policy, that party will become a party to
the appeal in question and will be bound by its outcome.
e) A representative or advisor, including legal counsel , may accompany any of the parties.
11 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
f) The Panel may direct that any other person participates in the appeal.
14. In order to keep costs to a reasonable level the Panel may conduct the appeal by means of
a telephone conference.
Procedure for Documentary Appeal
15. Where the Panel has determined that the appeal will be held by way of documentary
submissions, it will govern the appeal by such procedures as it deems appropriate provided
that:
a) All parties are given a reasonable opportunity to provide written submissions to the Panel, to
review written submissions of the other parties, and to provide written rebuttal and argument. b) The applicable principles and timelines set out in Paragraph 12 are respected.
Appeal Decision
16. Within 7 Days of concluding the appeal, the Panel will issue its written decision, with
reasons. In making its decision, the Panel will consider the terms of reference and authority levels, which would have guided the original decision-maker. The Panel may decide:
a) To reject the appeal and confirm the decision being appealed; or
b) To uphold the appeal and refer the matter back to the initial decision-maker for a new
decision;
or
c) To uphold the appeal and vary the decision but only where it is found that an error occurred
and such an error cannot be corrected by the original decision-maker for reason of lack of clear
procedure, lack of time, or lack of neutrality; and
d) To determine how costs of the appeal, excluding legal fees and legal disbursements of any of the parties, will be allocated, if at all.
17. A copy of this decision will be provided to each of the parties and to the Official.
18. In extraordinary circumstances, the Panel may issue a verbal decision or a summary written decision, with reasons to follow, provided the written decision with reasons is rendered within
the timelines specified in Paragraph 16 . Timelines
19. If the circumstances of the dispute are such that this policy will not allow a timely appeal, or
if the circumstances of the disputes are such the appeal cannot be concluded within the
timelines dictated in this policy, the Panel may direct that these timelines be revised.
Location
20. The appeal will take place in the location designated by the Official, unless the Panel
decides
the appeal is to be held by way of telephone conference, or unless, at the specific request of a
party, the Panel mandates a different location.
Final and Binding Decision
21. The decision of the Panel will be final and binding on the parties and on all members of
Ontario Sailing, subject only to the Arbitration provisions of the Ontario Sailing Alternative
Dispute Resolution Policy.
Responsibility
22. The administration and review of this policy is the responsibility of the President.
12 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Ontario Sailing
Athlete Code of Conduct
I, _. am an athlete training and competing in the sport of sailing.
I understand that while competing, training and participating in the sailing community I must:
1. Work towards the attainment of my full potential in the lifelong sport of sailing.
Respect fellow sailors, volunteers (parents, race officials ...}, club staff, Ontario
Sailing/Sail Canada staff and coaches .
2. Be gracious in victory and defeat, be co-operative, sportsmanlike and always
remain a team player. I will remember that my actions on and off the water reflect
not only on me but my sailing organization as well.
3. Regard the Racing Rules as a form of agreement. The Rules represent the spirit or letter which I shall not evade or break.
4. Treat all clubs, public areas, accommodation facilities, as well as other people's
property as my own. I understand that any willful destruction of property or theft is
not permitted. Full payment will be required for any destruction.
5. Not get involved in any act considered to be an offense under federal, provincial or
local laws.
6. Act in a reasonable and acceptable manner; unacceptable behavior includes but is
not limited to; unsportsmanlike conduct, willful damage to property, actions that
would cause the Athlete to lose eligibility to compete in Olympic Games, or Major
Games or in competitions sanctioned by Ontario Sailing, Sail Canada or World
Sailing;
7. Avoid the use of Alcohol at any time if underage while participating, training or
competing in Sailing regattas, camps and functions and for those of age should
drink responsibly at all times, remembering that they are role models and
representatives of their club, Ontario Sailing and Sail Canada;
8. Avoid the use of banned substances in contravention to the rules of World Sailing,
IOC, the Canadian Anti-Doping Program (CADP), Ministry Health Promotion, Quest
for Gold and Sport Canada policy and submit, without prior warning, to
unannounced doping- control tests in addition to other prior-notice tests, and submit
at other times to doping-control testing when requested by Ontario Sailing, Sail
Canada, Sport Canada, the Canadian Centre for Ethics in Sport (CCES) or other
authorities designated to do so.
9. Avoid possession of anabolic drugs and substances illegal under Canadian laws,
and shall neither supply such drugs directly or indirectly to others, nor encourage or
condone their use by knowingly aiding in any effort to avoid detection of the use of
banned substances or banned performance-enhance ng practices
1O. Participate in any Doping Control/Education Program as formulated by Ontario
Sailing and Sail Canada in cooperation with Sport Canada or other organizations
designated by Ontario Sailing;
11. Enjoy the sport!
I understand that any disciplinary problems which arise shall be investigated by the regatta jury,
Ontario Sailing or Sail Canada personnel on site. If it is decided that individuals are not adhering
to the above guidelines, the following actions may be pursued:
13 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
a) Termination of individual's participation in the given event. b) Removal of individual's right to
compete in future related events, c) Withdrawal of funding for future Ontario Sailing/Sail
Canada/Club e ve n t s /teams.
d) Individual may be subjected to further discipline by Ontario Sailing/Sail Canada and/or club.
Athlete Signature Date
_
REMEMBER... "You haven't won the race if in winning the race; you have lost the respect of
your competitors. " (Paul Elvstom)
14 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Board of Directors
Responsibilities and Scope
Purpose
The purpose of the Board of Directors of Ontario Sailing is to develop and provide leadership to the
organization’s strategic plan through setting policies, providing guidance and expertise, and
monitoring the organization’s performance.
Term
The term of office shall normally be three years or until the Annual General Meeting closest to the
completion of 3 years on the Board.
Meeting Attendance
Attendance at all Board meetings is expected, either in person, via videoconference, or by phone,
potentially up to 12 meetings a year. One of these meetings may be an all-day (or weekend) planning
meeting.
Accountability
The Board of Directors is accountable to the Membership of Ontario Sailing. The organization’s
bylaws lay out the details of the relationship and the definition of membership in the organization.
Remuneration and Reimbursement
As per Ontario Sailing Bylaws, all members of the Board serve without remuneration. If a Board
member incurs out of pocket expenses in the act of fulfilling their responsibilities as a Board
member, they will be reimbursed following the guidelines of the Travel Reimbursement Policy and
procedures.
Responsibilities of Each Board Member
1. Lead the development and evolution of Ontario Sailing’s Strategic Plan and overall strategic
responsibility for the organization’s success. Approve and monitor budget and operational
goals as the means to achieve this success.
2. Always consider the long term financial and mission health of the organization.
3. Articulate the organization’s mission, vision, programs, strategies, and program service
delivery.
4. Approve policies to ensure the organization is meeting legislative and Ministry of Sport
obligations, protecting itself to provide for the future, and maintaining its position as an
employer of choice.
5. If unable to attend a meeting, ensure you are up to date by reviewing the minutes and
checking in with another member of the Board.
15 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
6. Contribute to the effectiveness of the Board by considering other points of view, make
constructive suggestions, and help the Board make group decisions which reflect the intent of
the total group in pursuit of the strategic plan.
7. Employ, supervise, and evaluate the performance of the Executive Director through the
President.
8. Ensure that no conflict or perceived conflict of interest exists between your professional and
personal interests and Board involvement. If a conflict is identified, this must be declared and
the Board member must sit out the particular agenda item.
9. Maintain knowledge of the organization and personally commit to its goals and objectives.
10. Be an ambassador everywhere you go! Talk about the great work of this organization to
prospective members, donors, business owners, and volunteers and your network. Promote
and elevate our work!
11. Help build relationships with members and between members to foster long term growth of
the organization and sport.
12. Attend program related initiatives and special events to stay connected with the Association.
Note: Positions on the Board’s Executive carry additional responsibilities that are described in the
Ontario Sailing Bylaws.
Legal Responsibilities of all Members of Boards of Directors
Duty of Due Care
Take care of the non-profit by ensuring prudent use of all assets, including facility, people, and good
will; and provide oversight for all activities that advance the non-profit’s effectiveness and
sustainability.
Duty of Loyalty
Make decisions in the best interest of the non-profit corporation; not in their own self-interest.
Duty of Obedience
Ensure that the non-profit obeys applicable laws and acts in accordance with ethical practices; that
the non-profit adheres to its stated corporate purposes, and that its activities advance its mission.
16 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Coaches Code of Conduct
Preamble
Sailing coaches and instructors play a vital role in the development of all sailors. They are
instrumental in encouraging all sailors to expand their knowledge of seamanship,
sportsmanship, and sailing in general. There is, however, the opportunity for coaches and
instructors to abuse the power they hold in a coach/athlete relationship. The following code of
conduct is developed to aid coaches and instructors to achieve a level of behavior, which will
allow them to assist all sailors to the maximum. It is the responsibility of the employer to make
every effort to ensure a positive working environment. Therefore, the onus rests with any
employer to complete a criminal record check on all staff.
Coaches and Instructors Have a Responsibility to:
1. Treat everyone fairly within the context of their activity, regardless of gender, place of
origin, race, physical or mental disabilities, sexual orientation, religion, political beliefs, or
economic status.
2. . Direct comments or criticism at the performance rather than at the athlete.
3. Consistently display high personal standards and project a favorable image of sailing
and coaching by:
• Refraining from public criticism of other sailing coaches or instructors.
• Abstaining from the use of tobacco products while in the presence of athletes or
students.
• Abstaining from the drinking of alcoholic beverages when working with under age
athletes or students.
• Promote responsible drinking.
• Refrain from the use of profane, insulting, harassing, or otherwise offensive
language in the conduct of his/her duties.
• Refrain from the use of drugs or banned substances.
4. Respect the skill level of athletes and students by:
• Ensuring that the activity being undertaken is suitable for the age, experience
and ability.
• Educating athletes/students in their responsibility to contribute to a safe sailing
environment.
• Treat sailors and officials with respect and actively encourage athletes to do the
same.
• Encourage all sailors to demonstrate their own code of conduct.
17 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
• Refrain from public criticism of Race Officers, Judges, Umpires and all other
volunteers.
Coaches and Instructors Must:
1. Ensure the safety of all sailors and fellow coaches/instructors.
2. At no time become intimately and/or sexually involved with a student or athlete whom they are coaching/instructing. This includes requests for sexual favors, or threats of reprisal for the rejection of such requests.
3. Respect the dignity of students and athletes. Verbal or physical behaviors that constitute
harassment or abuse are not acceptable. 4. Never allow the use of drugs and other banned substances.
5. Never provide under age athletes or students with alcohol or tobacco products.
Process for Investigating an Alleged Breach of the Sail Canada Coach/Instructor Code of Conduct
At All Sail Canada Events:
At Sail Canada events the jury organized for the event shall have the primary responsibility for
investigating an alleged breach of the Sail Canada Coach/Instructor Code of Conduct. The jury
organized for the event, shall call a hearing, or take whatever measures necessary to
investigate the complaint and to determine whether the allegations have basis in fact. The jury
may take whatever disciplinary actions it seems appropriate including giving the coach/instructor
a reprimand, and suspending the individual from coaching/instructing for part of or the entire
event where the breach occurred. Any discipline actions taken by the jury shall be reported to
Sail Canada with a recommendation of whether further action should be considered by Sail
Canada. At all Sail Canada camps, clinics and seminars the Sail Canada representative(s)
attending the event shall be responsible for calling a hearing, and for pursuing measures
deemed necessary.
Penalties and Discipline:
Failure to follow the Sail Canada Coach/Instructor Code of Conduct at all Sail Canada events
may result in one or more of the following actions:
• Disqualification of the sailors under the ·supervision of the coach/instructor concerned
in one or more races, in the event where the incident occurred .
• Giving the coach/instructor a reprimand.
• Suspending the individual from coaching/instructing for part of or the entire event.
• Termination of the participation of the coach/instructor concerned at the event where
the incident occurred.
• Expulsion of the coach/instructor from the site of the event.
• Recommending to Sail Canada that the coach/instructor shall not be considered for
a coaching/instruct ng position with Sail Canada for a period from three months to
18 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
four years.
All Other Events and Coaching/Instructing Situations:
The primary responsibility for investigating an alleged breach of the Sail Canada
Coach/Instructor Code of Conduct lies with the coach's/instructor's employer. When Sail
Canada receives a written complaint about a coach's/instructor's conduct and the
coach/instructor is employed by a member club or provincial sailing association, the written
complaint will be directed to the employer to investigate. The coach's/instructor's employer shall
call a hearing, or take whatever measures necessary to investigate the complaint and to
determine whether the allegations have basis in fact. Sail Canada may take action in any case
where the employer does not.
Within sixty days of receiving a copy of the written complaint concerning a breach of the Sail
Canada Coach/Instructor Code of Conduct, the member club or provincial sailing association
will report to the Sail Canada in writing. If the member club or provincial sailing association
decides that the coach/instructor did breach the Sail Canada Coach/Instructor Code of
Conduct, it shall also indicate what actions it took to discipline the coach/instructor. These may
include a warning, a suspension from employment, or dismissal.
The member club or provincial sailing association may, in its report, recommend that Sail
Canada take further disciplinary action against the coach/instructor. Sail Canada may conduct
an investigation and when appropriate take further action. Such action may include prohibition
from coaching/instructing at Sail Canada sponsored events or de-certification of the
coach's/instructor's Sail Canada coaching levels.
Appeal Procedure:
To appeal a disciplinary decision , coaches/instructors should apply in writing to Sail Canada
within 30 days of the decision . A committee formed of members from both the Training and
Racing Divisions shall hear all appeals.
When Sail Canada receives a written complaint about a coach's/instructor's behavior and the
coach/instructor is employed by Sail Canada, it will follow its published guidelines for
investigating the alleged breach.
**Please note that this policy is established by Sail Canada and all Coaches and Instructors
agree to it yearly on registering for the season. Ontario Sailing supplies this copy as a courtesy
to our membership.
"You haven't won the race if in winning the race you have lost the respect of your competitors." Paul Elvstrom (4-time Olympic Gold Medallist in the Finn Dinghy)
19 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Concussion/Safe Return to Play Policy
1. If during a practice (on or off the water), training, regatta, camp or clinic an athlete, sustains a
direct or indirect force to the head and subsequently exhibits signs, symptoms and/or functional
changes consistent with a concussion. He/she is to be immediately removed from play and
immediate medical assessment received. Coaches are never to make a determination in the
field on their own. (Please note this is not age dependent, all sailors, coaches, officials and
volunteers must be treated in the same fashion).
2. Following their removal from play, any person suspected to have sustained a concussion is
to be assessed by a medical doctor, preferably an emergency physician, to determine the extent
of the athlete's injury and to rule out further pathology. The physician may make
recommendations in addition to those described in the 2008 Zurich Guidelines and the Ontario
Sailing policy, and these are to be discussed with the individual that was injured (and guardian
for those under 18).
3. Individuals diagnosed with a concussion should rest until they are symptom-free and should
then begin a step-wise symptom-limited program with stages of progression, only after they are
without symptoms for a 24-hour period. Those steps include:
Step 1: No Activity, only complete rest.
Step 2: Light aerobic exercise.
Step 3: Sport-specific exercise.
Step 4: Begin drills without body contact.
Step 5: Begin drills with body contact.
Step 6: Return to play.
(Six step process attached to this document as recommended by Think First Canada)
There should be a minimum 24 hours for each stage involved and the athlete should return to
the rest stage should symptoms recur.
MEDICAL CLEARANCE IS REQUIRED BEFORE ATHLETE RETURNS TO PLAY
Ontario Sailing Supports Think First Canada and the setup of an online training protocol for
coaches, volunteers, athletes and parents to educate them on Concussion education.
20 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
RETURN TO PLAY GUIDELINES thinkfirst
''"""'''°" l A concussion is a serious event, but you can recover fully from such an injury if the brain is given
enough time to rest and recuperate. Returning to normal activities, including sport participation, is a
step-wise process that requires patience, attention, and caution.
STEP 1: NO ACTIVITY, ONLY COMPLETE REST.
Limit school, work and tasks requiring concentration. Refrain from physical activity until
symptoms are gone. Once symptoms are gone, a physician, preferably one with experience
managing concussions, should be consulted before beginning a step wise return to play
process.
STEP 2: LIGHT AEROBIC EXERCISE.
Activites such as walking or stationary cycling. The player should be supervised by someone
who can help monitor for symptoms and signs. No resistance training or weight lifting. The
duration and intensity of the aerobic exercise can be gradually increased over time if no
symptoms or signs return during the exercise or the next day.
SYMPTOMS? Return to rest until symptoms have resolved.
If symptoms persist, consult a physician.
NO SYMPTOMS? Proceed to Step 3 the next day.
STEP 3: SPORT SPECIFIC ACTIVITIES.
Activities such as skating or throwing can begin at step 3. There should be no body contact
or other jarring motions such as high speed stops or hitting a baseball with a bat.
SYMPTOMS? Return to rest until symptoms have resolved.
If symptoms persist, consult a physician.
NO SYMPTOMS? Proceed to Step 4 the next day.
STEP 4: BEGIN DRILLS WITHOUT BODY CONTACT.
SYMPTOMS? Return to rest until symptoms have resolved.
If symptoms persist, consult a physician.
NO SYMPTOMS? The time needed to progress from non-contact exercise will vary with
the severity of the concussion and with the player. Proceed to Step 5
only after medlcal clearance.
STEP 5: BEGIN DRILLS WITH BODY CONTACT.
SYMPTOMS? Return to rest until symptoms have resolved.
If symptoms persist, consult a physician.
NO SYMPTOMS? Proceed to Step 6 the next day.
STEP 6: GAME PLAY.
www.think first .ca Before you Return to Playl
The ThinkFirsl Canada Concussion resources were developed based
on the Zurich Guidelines outlined in /he Consensus Slalemenl on
Concussion in Sport and have been reviewed wllh great thanks lo Iha
ThinkFirsl Concussion Education and Awareness Commillee.
21 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
thinkfirst
A player who ret111ms o active play before full recoVefY from the first concussion Is al htgh risk of
11ustall1l,111g onolher CE>.ncuss ll!lrt,wt h symplom& lh tltl'l8Y dflQl'e89fJd amt :protcnged
HOW LONG DOES THIS PROCESS TAKE? These steps do not correspond to days! It may take many days to progress through one step,
especially if the concussion is severe. As soon as symptoms appear, the player should return to
rest until symptoms have resolved and wait at least one more day before attempting any activity.
The only way to heal a brain is to rest it.
HOW DO I FIND THE RIGHT DOCTOR? When dealing with concussions, it is important to see a doctor who is knowledgeable in
concussion management. This might include your physician or someone such as a sports
medicine specialist. Your family doctor maybe required to submit a referal to see a specialist.
Contact the Canadian Academy of Sport and Exercise Medicine (CASEM) to find a sports
medical physician in your area. Visit www.casm-acms.org for more Information. You can
also refer your doctor to the concussion pages of thinkfirst.ca for more information.
WHO DO THESE GUIDELINES APPLY TO? These guidelines were developed for children over the age of 10; those younger may require
special guidelines, and more conservative treatment and care. Return to Play Guidelines should
be at the discretion of the physician.
WHAT IF MY SYMPTOMS RETURN DURING THIS PROCESS? Sometimes these steps can cause symptoms of a concussion to return. This means that the
brain has not yet healed, and needs more rest. If any signs or symptoms return during the
Return To Play process, they should stop the activity and rest until symptoms have resolved.
The player must be re-evaluated by a physician before trying any activity again. Remember,
symptoms may return later that day or the next, not necessarily during the activity!
www.thinkfirst.ca Before you Return to Play!
The ThinkFirst Canada Concussion resources were developed based
on the Zurich Guidelines outlined in the Consensus Statement on
Concussion in Sport and have been reviewed with great thanks to the
T/1inkFirst Concussion Education and Awareness Committee
RETURN TO PLAY GUIDELINES
22 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
CONFIDENTIALITY POLICY As a staff, or volunteer with ongoing responsibilities, with Ontario Sailing individuals may become aware of or have access to certain confidential information. Such confidential information may consist of financial, human resources, and athlete related information, which may include financial statements, performance appraisals, discipline issues, and other information relating specifically to the operation of Ontario Sailing. Other such confidential information may consist of information concerning a person, athlete or partner, whether an employee or otherwise, whether from a personnel record or financial information or otherwise. All such information is strictly confidential and shall not be discussed with any other person except as completely necessary in the performance of one’s responsibilities. Disclosing confidential information to another person without appropriate purpose would be a serious detriment to the organization. Where the awareness of confidential information may require acting upon, individuals will relay such information to the Executive Director or Board Chair in confidence. Staff and volunteers will not carelessly, recklessly or willfully handle, manage or otherwise compromise the confidentiality of any confidential information. Volunteers and staff are required to sign a “Confidentiality Agreement” (see following) as a condition of their involvement. Breach of this agreement will result in discipline, up to and including termination of the relationship with Ontario Sailing.
Reviewed and Approved by Ontario Sailing Board of Directors
March 12th 2018
23 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Equipment Loaning Policy
Ontario Sailing's professional staff is responsible for the care, custody and control of the Corporations vehicles, coach boats and other specialized equipment.
Vehicles
Ontario Sailing's vehicles can only be used by trained staff that has been listed on our insurance
policy through a system set up by our Insurance Broker, after an extensive background check.
Under no circumstances can any other driver or coach operate or move any of the vehicles including those currently under rental agreement to Ontario Sailing.
Coach Boats
Ontario Sailing has coach boats for the High Performance & Development Coach_to use for:
• Athlete Development
• Instructor Development.
The Program Manager has several smaller coach boats for a variety of mobile program including:
• BOOM,
• Access BOOM
• Camp training.
Excluded:
Ontario Sailing is not in the boat and vehicle loaning or rental business. These boats are not available to individual clubs or schools for closed regattas or private use.
Only the Executive Director or in their absence the President can authorize outside parties use
of the equipment owned/rented by Ontario Sailing (cannot authorize vehicle use without an
acceptable drivers abstract being forwarded to Insurance Broker).
When parties are authorized it will facilitate the collection of personal information such as
driver's license, drivers abstract and/or PCOC Card by the staff and our Insurance providers. Additional training and signing of our Health and Safety Policies is required and strictly
enforced.
We ask individuals please do not put the Coaching and Professional staff in the position of having to deny use in the field. This policy is strictly enforced. ·
24 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
INCLUSION POLICY
Ontario Sailing is committed to ensuring an environment which supports inclusion for all
individuals and groups interested in participating and pursuing excellence in sailing within
Ontario. We actively strive to create an atmosphere where everyone is treated with respect
and dignity, free from bullying, harassment and discrimination. Ontario Sailing promotes
equity, diversity and inclusion; intentionally ensuring equal and fair opportunities for all
individuals within all aspects of our activities, including programs, training, and
competition as well as leadership positions.
Ontario Sailing is committed to not only adhering to the Ontario Human Rights Code as a
base minimum but also going beyond to ensure inclusivity at all levels of the organization.
Ontario Sailing prohibits actions that discriminate against people based on the following
grounds in the Ontario Human Rights Code:
• age
• ancestry
• colour
• race
• citizenship
• ethnic origin
• place of origin
• creed
• disability
• family status
• marital status
• gender identity
• gender expression
• sex (including pregnancy and breastfeeding)
• sexual orientation
• receipt of public assistance
• record of offences
Ontario Sailing will not work with organizations that discriminate, or that seek to limit the
legal rights and activities of people. This includes but is not limited to direct actions, and
organization materials, website, publications and social media that promotes or
communicates discriminatory treatment on any grounds listed above. Membership in
Ontario Sailing will be restricted to clubs which support an inclusive environment.
Ontario Sailing is committed to providing an environment in which all individuals are
25 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
treated with respect. In addition to prohibiting discriminatory practices, Ontario Sailing
works to actively promote inclusivity. Members of ONTARIO SAILING and participants
in Ontario Sailing’s programs and activities are expected to conduct themselves at all times
in a manner consistent with the values of Ontario Sailing.
PROCEDURES AND PRACTICES
To promote and support inclusivity in daily operations Ontario Sailing will strive to:
• Ensure the mix of staff and volunteer leaders on the Board and committees reflect
the diversity of the larger Ontario Sailing community.
• Undertake strong and clear initiatives to encourage participation at all levels of the
sport for populations traditionally underrepresented.
• Play a positive role in raising the awareness and understanding of equity amongst
our membership through ongoing education opportunities.
• Work towards ensuring all organization documents include gender neutral language.
• Ensure that inclusivity is implemented when developing, updating or delivering
Ontario Sailing programs, policies and materials. Ensure equal effort for all
individuals.
• Encourage all member clubs and affiliated agencies to ensure equal opportunities for
all.
Procedure for Inclusion as Relates to Gender Identity
The overall philosophy for developmental and recreational sport is one of full inclusion.
Athletes in developmental and recreational levels of sailing will be supported in
participating in the gender category in which they identify, without any need for disclosure
of information or other requirements at all Ontario Sailing events.
The same inclusion principle applies to high performance athletes up until the point where
they must comply with international federation rules. In high performance sport, while
inclusion is desired, it may be tempered by the application of international rules which will
tend to be more restrictive than Canadian rules.
APPEALS
Any athlete or membership decision rendered in accordance with this policy and associated
procedures may be appealed in accordance with Ontario Sailing’s Appeal Policy.
Employment related decisions will follow Human Resource policies and procedures.
CONFIDENTIALITY
All communications and documents related to procedures associated with ensuring
inclusivity, by the member club, athlete, panel, and Ontario Sailing, shall be kept
confidential unless written consent is received by all parties or required by law. All
documentation associated with the matter shall be kept in the confidential files of Ontario
Sailing that are only accessible to authorized personnel.
DEFINITIONS
Discrimination: Unfair or prejudicial treatment of individuals or groups on the basis of
grounds listed in within the policy. Discrimination, whether intentional or unintentional, has
26 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
the effect of preventing or limiting access to opportunities, benefits, or advantages that are
available to other members of society. It is not a discriminatory practice for a person to
adopt or carry out a special program, plan or arrangement designed to prevent, eliminate or
reduce disadvantages that are likely to be suffered by any group of individuals when those
disadvantages would be based on or related to the prohibited grounds of discrimination.
Diversity: The presence of a wide range of human qualities and attributes within a group,
organization, or society. The dimensions of diversity include, but are not limited to,
ancestry, culture, ethnicity, gender, gender identity, language, physical and intellectual
ability, race, religion, sex, sexual orientation, and socio-economic status.
Equity: A condition or state of fair, inclusive, and respectful treatment of all people. Equity
does not mean treating people the same without regard for individual differences.
Family Status: Spouse or spousal equivalent, children, parents or siblings.
Gender Expression: How a person publicly presents their gender. This can include
behaviour and outward appearance such as dress, hair, make-up, body language and voice.
A person’s chosen name and pronoun are also common ways of expressing gender.
(OHRC)
Gender identity: Each person’s internal and individual experience of gender. It is their
sense of being a woman, a man, both, neither, or anywhere along the gender spectrum. A
person’s gender identity may be the same as or different from their birth-assigned sex.
Gender identity is fundamentally different from a person’s sexual orientation. (Ontario
Human Rights Commission)
Harassment: Any unwanted physical or verbal behaviour that offends or humiliates you. It
is considered by the Ontario Human Rights Code (1962) as a form of discrimination. This
can occur when someone makes remarks to you that are known or ought reasonably to be
known to be unwelcome including but not limited to your race, religion, age or disability.
Harassment also encompasses any comments or conduct that is known or ought reasonably
to be known to be unwelcomed because of sex, sexual orientation, gender identity or gender
expression.
Inclusion: The situation in which individuals or communities (both physical and
demographic) are fully involved in the society in which they reside, including the
economic, social, cultural and political dimensions of that society.
Reviewed and Approved by Ontario Sailing Board of Directors
March 12, 2018
27 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Funding Policy
1 Policy
As the Provincial Sport Organization (PSO) for Sailing in Ontario, Ontario Sailing does
not offer direct funding to athletes, teams, coaches, clubs/schools/camps/affiliates.
Athletes seeking direct funding for their yearly programs, events, camps and regattas
can apply to the Quest for Gold (QFG) program offered by the Province of Ontario
through the Ministry Health Promotion and Sport. The program is generally advertised by
Ontario Sailing on its website by the end of October each year. Athletes are solely
responsible for applying the general rules and conditions outlined in the QFG program
and must abide by the rules governing the program and Ontario Sailing's Athlete Code
of Conduct Policy.
Direct support for clubs, schools, camps and affiliate members is offered through
coaching clinics, camps, programs and services where there may be a rental, facility use
or direct payment for program support to the host club/school/camp or affiliate member
by Ontario Sailing by pre-arranged rates established by both parties.
Some of these programs may be in conjunction with funding partners such as The
Ministry Health Promotion and Sport, Canadian Sport Centre Ontario, Coaching
Association of Ontario and Trillium Foundation of Ontario to name just a few. Funding
from partners requires Ontario Sailing and those organizations receiving funding to carry
out certain obligations and supply supplemental information on expenses, participant
numbers including statistical information and other conditions set out and outlined by the
funders.
2 Purposes
The purpose of this Statement of Policy is to outline protocols of Ontario Sailing's policy
on requests for funding by athletes and members.
3 Scopes
This policy applies to all members of Ontario Sailing, our member clubs, member
schools, member camps and member affiliate organizations.
4 Responsibilities
It is the responsibility of the Ontario Sailing staff to apply this policy evenly and fairly to
everyone. Requests that fit outside the policy will be taken to the Board of Directors who
ultimately holds the responsibility for the over- all application of the policy.
28 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Harassment Policy
Policy Statement
It is the policy of Ontario Sailing to provide a work and sporting environment where the
dignity of the individual is respected and free from harassment and fear of harassment including sexual harassment.
1. Ontario Sailing recogn izes that:
a) every employee and member is entitled to a climate free of harassment
including sexual harassment and;
b) harassment or fear of harassment, including sexual harassment, can
compromise the integrity of the employment and sporting relationships and
endanger personal well-being and performance
2. Harassment as defined PY Human Rights legislation is a course of action,
vexatious comment or conduct that is known or ought to reasonably be known
to be unwelcome.
3. A person who has the authority to prevent or discourage harassment of any
kind may be considered responsible for failing to exercise his/her authority to
do so, and consequently be subject to such disciplinary actions as may be
deemed appropriate by Ontario Sailing.
4. Ontario Sailing will make every effort to ensure that no employee or member is
subjected to harassment including sexual harassment.
5. Ontario Sailing will take such disciplinary action as it deems appropriate against
any person under its direction who subjects any employee or member to sexual
harassment.
Application
1. This policy applies to all employees as well as all directors, officers, volunteers,
coaches, athletes, officials, judges and members of Ontario Sailing. It applies to
harassment which may occur during the course of all Ontario Sailing business,
activities and events.
Definition
1. Harassment includes any comments or conduct consisting of words or actions
that disparage or cause humiliation to a person in relation to race, ancestry,
place of origin, colour, ethnic origin, citizen, creed, age, sex, record of offenses,
marital status, family status or disability.
29 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
2. Sexual harassment is any conduct, comment, gesture or contact of a sexual
nature:
a) that is likely to cause offense or humiliation to any person or;
b) that might, on reasonable grounds, be perceived by that employee or member
as placing a condition of a sexual nature on employment, or on any
opportunity for training or promotion.
3. Types of behavior which constitute harassment including, but are not limited to:
a) unwelcome remarks, jokes, innuendoes or taunting of a sexual nature about a
person's body, attire, age, marital status, and/or which cause awkwardness or
embarrassment, endanger a person's safety or negatively affect performance;
b) unwelcome or intimidating invitations or requests with sexual overtones
whether indirect or explicit;
c) leering or other gestures;
d) unwelcome physical contact such as touching, patting, or pinching;
e) unwelcome display of objects or pictures of a sexual nature, and/or offensive or
ought to be known to be offensive;
f) sexual advances, request for sexual favour, or other verbal or physical conduct of
a sexual nature;
g) written or verbal abuse or threats thereof;
h) physical or sexual assault;
i) submission to such conduct is made explicitly or implicitly a term or condition
of employment or being named to a team;
j) submission to or rejection of such conduct is used as the basis for decisions affecting employment, promotion, or movement within the organization/team and/or;
k) such conduct has the purpose or effect of humiliating an individual or substantially interfering with the work or sporting performance or in creating an intimidating, hostile or offensive environment.
Confidentiality
1. Ontario Sailing r e c o g n i z e s that it can be extremely difficult to come forward
with a complaint of harassment and that it can also be devastating to be wrongly
convicted of harassment. Ontario Sailing recognizes the interests of both the
complainant and the respondent in keeping the matter confidential;
2. Ontario Sailing will not disclose the name of the harassed person or the
circumstance related to the situation to any person except where disclosure
is necessary for the purpose of investigating the harassment and /or taking
disciplinary action.
Roles and responsibilities
1. Principle:
The ultimate responsibility for dealing with a harassment case rests with the Board of
Directors.
30 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Since any sexual harassment situation would constitute a highly sensitive subject
matter, employees or members have the choice of seeking counsel from their supervisor, coach, the Executive Director, or the President.
2. Management will:
a) inform any person under its direction of Ontario Sailing H a r a s s m e n t Policy;
b) provide clarification of what constitutes sexual harassment behavior;
c) inform any person under its direction of procedures for handling harassment
complaints;
d) initiate action without waiting for an individual complaint when harassment
behavior is known to be taking place. To do otherwise will constitute misconduct on the part of the supervisor and
e) upon receipt of a formal harassment complaint;
o inform the President, Executive Director (the President of Ontario Sailing
if the matter involves the Executive Director)
o inform the alleged harasser, supervisor, complainant and the President,
in writing as to what action or investigation is to take place; inform the
complainant, the alleged harasser and the President of the outcome of
any action or investigation, in writing.
3. Executive Director will:
a) Provide informal advice or guidance to employees, supervisors and coaches as
required or requested on matters of harassment.
b) Assist supervisors in any investigation of formal harassment complaints
Complaint Procedure
1. A person who experiences harassment is encouraged to make it known to the
harasser that the behavior is unwelcome, offensive, and contrary to this
policy.
2. If confronting the harasser is not possible, or if after confronting the harasser
the harassment continues, the complainant should request a meeting with the
next high authority or official.
3. Once contacted by a complainant the role of the official is to serve in a neutral
unbiased capacity in receiving complaints and assisting their informal resolution.
If the official considers that he or she is unable to act in this capacity, the
complainant shall be referred to another official.
4. There are three possible outcomes to this meeting of complainant and official:
o It may be determined that the conduct does not constitute harassment
as defined in this policy, in which case the matter will be closed;
o The complainant may decide to pursue an informal resolution of the
complaint, in which case the official will assist the two parties to negotiate
an acceptable resolution of the complaint; or
o The complainant may decide to lay a formal written complaint. The written
complaint must be submitted with the original signature of the complainant.
No electronically produced complaint will be accepted. All documented
complaints will be treated as highly confidential to protect all parties
involved. The official shall receive the written complaint, provide a
31 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
copy to the respondent, who shall be given an opportunity to respond in writing.
5. Once the respondent's statement is received, the official shall provide copies of
both written statements to the President of Ontario Sailing (or to another
Executive Officer if the President is involved in the complaint). Within 7 days of
receiving the written statements, the President shall appoint three members of
Ontario Sailing to serve as a Panel. This Panel shall consist of at least one
woman and at least one man, and shall include one individual who is
knowledgeable and familiar with harassment issues.
Hearing
1. As soon as possible but in any event within 14 days of being appointed, the
Panel shall convene a hearing. The hearing shall be governed by such
procedures as the Panel may decide, provided that:
o The complainant and respondent shall be given 10 days’ written
notice of the day, time and place of the hearing;
o Members of the Panel shall select from among themselves a Chairperson;
o A quorum shall be all three Panel members;
o Decisions shall be by majority vote. If a majority vote decision is not
possible, the vote of the Chairperson shall be the decision of the
Panel;
o Both parties shall be present at the hearing to give evidence and to
answer questions of the other party and of the Panel. If the complainant
does not appear, the matter shall be dismissed. If the respondent does
not appear, the hearing shall proceed.
o The complainant and respondent may be accompanied by a representative or adviser. Should the complainant and/or respondent choose to have legal counsel, they shall be responsible for any costs incurred.
2. As soon as possible but in any event within 14 days of the hearing, the Panel
shall present its findings in a report to the President (or Executive Officer who
appointed the Panel) with a copy provided to both the complainant and
respondent. This report shall contain:
o a summary of the relevant facts;
o a determination as to whether the acts complained of constitute
harassment as defined in this policy;
o if the acts constitute harassment; recommend disciplinary action against the respondent and recommend measures to remedy or mitigate the harm or loss suffered by the complainant.
3. If the Panel determines that the allegations of harassment are false, vexatious,
retaliatory or frivolous, their report shall recommend disciplinary action against
the complainant.
Discipline
1. When recommending appropriate disciplinary action, the Panel shall
consider factors such as:
32 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
o the nature and severity of the harassment
o whether the harassment involved any physical contact
o whether the harassment was an isolated incident or part of an
ongoing pat te rn
o the nature of the relationship between the complainant and harasser
o the age of the complainant
o whether the harasser had been involved in previous harassment incidents
o whether the harasser admitted responsibility and expressed a
willingness to change
o whether the harasser retaliated against the complainant
2. In recommending disciplinary sanctions, the Panel may consider the following
options, singly or in combination, depending on the nature and severity of the
harassment:
o verbal apology
o written apology
o letter of reprimand from the organization
o a fine or levy
o referral to counselling
o removal of certain privileges of membership or employment
o demotion or a pay cut
o demotion or a pay cut
o termination of employment or contract
o expulsion from membership
o any measure stated in the Code of Conduct.
Appeals
1. Both the complainant and respondent shall have the right to appeal the decision
and recommendations of the Panel. A notice of intention to appeal, along with
grounds for the appeal, must be provided within 14 days of the complainant or
respondent receiving the Panel's report. It must be sent to the person identified
in the internal dispute resolution process as defined below.
2. Permissible grounds for an appeal are:
a) the Panel did not follow the procedures laid out in this policy;
b) members of the Panel were influenced by bias; or
c) the Panel reached a decision which was grossly unfair or unreasonable.
3. Internal Dispute Resolution Process
a) When appealing a decision, the complainant or respondent also has an
obligation to recognize the structure, responsibilities and authorities of the
different committees within Ontario Sailing. As well, Ontario Sailing committees
must understand that their actions may be reviewed and changed by a higher
authority.
b) Settlement of these disputes should be reached through an appeal procedure
that conforms to the principles of fairness, justice and due process.
c) The appeal must be provided to the next high authority. The head of that
authority shall either convene a meeting of his or her committee or a
33 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
subcommittee of three or more members. The person whose decision is being appealed
shall not be a member of the reviewing panel. It is expected that an appeal should be
decided within thirty days of receiving the written basis of the appeal.
d) The general process is as follows:
An appeal of an action
by a member(s) of: ! Appeal must
be sent to: Appeal will be
reviewed by:
Ontario Sailing
Coaching and
Administrative Staff
the VP of the
appropriate
Division
the appropriate
standing
Committee
a specific committee
Ontario Sailing
President
Ontario Sailing
Executive
Committee
Ontario Sailing
Executive Committee Ontario Sailing
President Ontario Sailing of
Directors
e) The Ontario Sailing Board of Directors is the final authority of the Ontario Sailing.
The decision of the appeal body shall be final.
34 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Membership Policy for 2017/18
Per the Ontario Sailing Bylaws Article 5 (see below) the following membership fees have been
established/confirmed by the Ontario Sailing Board.
ARTICLE 5 - MEMBERSHIP, REPRESENTATION AND VOTING
Classes of Members: The Membership in the Association shall consist of:
(a) Member Clubs
Sail Canada Prescriptions 2017-2020 affecting the need to be a member to race
Sail Canada prescribes: Rule 46 - Person in Charge
Sail Canada prescribes that the designated person in charge, if resident in Canada, shall be a
member of a club affiliated with the Sail Canada.
Member Clubs:
2% increase from 2017/18 fees charged to clubs on the flat rate membership established by Ontario Sailing (fees split with Sail Canada).
Yacht clubs, sailing clubs, community clubs and windsurfing clubs are the foundation of Ontario
Sailing's membership. There are over 100 clubs that are currently members of Ontario Sailing.
Membership is paid to Ontario Sailing and 50% of that amount is forwarded to Sail Canada.
For information on how to register your club as a member of Ontario Sailing, please contact
Glenn via email or 1-888-672-7245 ext. 224.
Member Affiliate: $255.00 for the year
This membership category refers to associations outside of the club arena. From disabled
sailing organizations to local handicapping associations, Ontario Sailing represents the sport of
sailing at all levels. A flat membership fee of $255.00 (for 2018) is paid to Ontario Sailing of
which 50% is then forwarded to Sail Canada
Member Camp: $255 .00 for the year
This membership category refers to camps who offer sailing instruction. A flat membership fee
of $255.00 (for 2018) is paid to Ontario Sailing of which 50% is then forwarded to Sail Canada.
Members School: $306 for the year
• Sailing Schools (Dinghy)
This membership category refers to schools or clubs who offer a learn-to-sail dinghy program.
A flat membership fee of $306.00 in 2018 is paid to Ontario Sailing (unless you are a club and
have paid the club membership fee then you are not charged an additional fee to be listed under
this category as well). Fifty percent of the membership fee is then forwarded onto Sail Canada.
35 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
We remind those that run learn to sail programs that they must register their coach boats as
commercial vessels. Those clubs or schools that teach on keelboats and powerboats with an
instructor aboard must register with Transport Canada as a Recreational Boating School.
Registration fees for CANSail learn the sail and learn to cruise fees are payable per registered
student and the fee is set in a contract between the club/school/camp and Ontario Sailing before
their account for the current year is activated.
• Cruising/Power Schools (Keelboat and Power)
This membership category refers to schools or clubs who offer a learn-to cruise/power program.
A flat membership fee of $306.00 in 2018 is paid to Ontario Sailing of which part of the fee is
then forwarded to Sail Canada. For organizations that run from multiple locations on a part or
fulltime bases pay 50% of the fee for each of subsequent sites ($153.00 in 2018 for the second
and multiple sites thereafter) Any member clubs who also offer Learn to Cruise/Power courses
must also pay the additional membership fee. Individual Instructors that offer certification and
run their own school (this includes those that charter a boat to run courses) must register as a
Cruising School.
We remind those that run learn to sail programs that they must register their coach boats as
commercial vessels. Those clubs or schools that teach on keelboats and powerboats with an
instructor aboard must register with Transport Canada as a Recreational Boating School.
Registration fees for CANSail learn the sail and learn to cruise fees are payable per registered
student and the fee is set in a contract between the club/school/camp and Ontario Sailing before
their account for the current year is activated .
Community Clubs This membership category refers to community or co-op clubs where the club owns the boats
and members pay to share these boats. Membership is paid to Ontario Sailing and 50% of that
amount is forwarded to Sail Canada.
Charters/Time Shares
This membership category refers to organizations that offer sailboat chartering. A flat
membership fee is paid to Ontario Sailing of which 50% is then forwarded to Sail Canada. If
you are interested in becoming a Charter member, please contact Ontario Sailing via email or 1-
888-672-7245 ext. 221.
New Members:
For new Clubs fees set by taking the total Sailing Senior (or family) membership and multiplying
it by $22.00 per member (one per family unit only) plus $300 A minimum has been established by
the Membership Committee of $620 (sma l l o rgan i za t ions can ca l l the Execu t i ve
D i rec to r to es tab l i sh an approp r ia te fee fo r the C lub )
36 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Individual Athletes (non-voting)
Maple Leaf Individual $28.00 ($12.00 to Sail Canada)
CANSail:
Using new CANSail On Line Registration system $18.00
Keelboat $22.00
Athletes $5.00 ($2.50 to Sail Canada)
Coaches $5.00 (paid to Ontario Sailing from Sail Canada)
Tier One OST $10,000 ($11.00 to Sail Canada)
Ontario Sailing Development Team $1200.00 to $1350.00
(class specific) ($11.00 to Sail Canada)
37 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Oath of Office, Code of Conduct and Conflict of Interest Policy
Purpose
The purpose of this policy outlines the expectations of individuals when conducting activities that further Ontario Sailing's programs and services. The policy sets forth guidelines for dealing with conflicts of interest and related matters. It is intended to protect Ontario Sailing's reputation for integrity and increase its capacity for effective governance.
II. Scope and Definitions
SCOPE: The Board acknowledges that conflicts of interest indicate a healthy organization that is well connected to the sport and to the organization's mission. This policy applies to the expected conduct of officials, Committees and members of Ontario Sailing when representing the Association and carrying out its programs and activities. It enables officials and members to recognize and declare potential conflicts of interest, and the role of Committee Chairperson's when dealing with conflicts of interest.
OFFICIALS: The word "Official" will be used throughout this document to include all members of the Board of Directors (directors), all members of Committee, and Staff.
COMMITTEES: This policy applies equally to members' representatives who participate in committees of Ontario Sailing. The Chairperson of the committee will have similar responsibilities as the President for dealing with conflicts of interest within his/her committee.
MEMBERS: As defined in Article 5 of the Ontario Sailing Association By-Laws, the Membership in the Association shall consist of:
(a) Members (b) Honorary Members (c) Individual Members (d) Corporate Members (e) Special Members
Members are: Any yacht club, powerboat or other boating organization (hereinafter called a "Club"), within the Province of Ontario.
Ill. Oath of Office and Confidentiality
Ontario Sailing Officials shall agree to an Oath of Office and Confidentiality upon joining the Board of Directors, members of committees of Ontario Sailing, and Staff.
Respect for confidentiality is the cornerstone of trust and confidence as well as a legislated obligation. Ontario Sailing Officials must at all times respect the confidentiality of Members. Similarly, all matters dealt with by the Board during in-camera meetings and matters related to personnel must be held in strictest confidence. Confidentiality means Officials may not share such matters to anyone including immediate family members. The duty of confidentiality continues indefinitely after an Official has left the Board, committee or employ of Ontario Sailing.
38 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
IV. Code of Conduct
The Code of Conduct is a succinct statement of essential principles intended to govern the
conduct of the Officials of Ontario Sailing. Officials are expected to comply with the prescribed
Code of Conduct that encourages the development of a spirit of collective decision-making,
shared objectives and shared ownership of and respect for Board decisions.
Please s e e Annex A a t t a c h e d f o r a p roposed C o d e o f C on d uc t , O a t h of O f f i c e and Confidentiality Agreement.
V. Conflict of Interest
A. Policy
Ontario Sailing Officials shall act at all times in the best interests of the Association rather than
particular interests or constituencies. This means setting aside personal self-interest and
performing their duties in transaction of the affairs of the Association in such a manner that
promotes public confidence and trust in the integrity, objectivity and impartiality of Officials.
No director, or committee member shall directly or indirectly receive any profit from his/her
position as such, provided that directors or committee members may be paid reasonable
expenses incurred by them in the performance of their duties. The pecuniary interests of
immediate family members or close personal or business associates of a director or committee
member are also considered to be the pecuniary interests of the director or committee member.
B. Definition of Conflict of Interest
Officials are considered to be in a "conflict of interest" whenever they themselves, or members
of their family, business partners or close personal associates, may personally benefit either
directly or indirectly, financially or otherwise, from their position on the Board or Committees.
Non-pecuniary interests may also present a moral, if not a legal, conflict of interest. This
pertains, for example, to a board member of one organization who holds a board or staff
position in another organization that may have competing interests or that may place that
person in a position of influence or decision-making that might conflict with or be averse to the
interests of the first organization.
A conflict of interest may be "real", "potential" or "apparent"; the same duty to disclose applies to
each. Full disclosure in itself, does not remove a conflict of interest. A decision and/or action
are also needed as described in section C below.
C. Process for Dealing with Conflict of Interest
Our practice will be that once a person has declared a potential conflict of interest they normally
will be asked to state their position on the matter under discussion before being asked to
withdraw from the discussion or the meeting.
39 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
(a) Recognize & Declare: Officials must openly disclose a potential, real or apparent conflict
of interest as soon as the matter relating to the conflict arises and before the Board or
Committee deals with the matter.
The draft conflict of interest disclosure form attached in Annex B could be used.
For example, a volunteer might raise an issue to a Committee or to the Board to suggest
that we should invest more money into training race managers. In so doing, the
volunteer could declare that, "I am a race manager, and know that the decision might
affect me and I think I should declare a potential conflict of interest. I recognize that I
could be removed from the decision-making on this topic. However, I would like to inform
you that ------------ has been expressed by numerous race managers and here are some
comments that could inform the decision." See part D for other examples.
If the Official is not certain he/she is in a conflict of interest, the matter shall be brought
before the President, Committee Chair, Executive Director or Board at the first available
opportunity for advice and guidance.
(b) Role of Chair: When reviewing and approving the agenda at the beginning of each
meeting the Chair should ask if anyone has a Conflict of Interest to declare.
In the above example (a), the Chair could allow the topic to be raised knowing there is a
potential conflict of interest while thanking the volunteer for the declaration. The Chair
might then say, "This is an appropriate topic for this meeting, was placed on the agenda
and we have time to discuss it. Would anyone else like to add to this conversation or
question (Volunteer) while he/she is in the room...." At an appropriate time, the Chair
might ask the volunteer to leave the room, or abstain from the vote, or declare that the
Chair does not perceive there is a conflict of interest and ask the volunteer to participate
in the discussion and the vote.
(c) If there is any question or doubt about the existence of a real or apparent conflict, the
Board will determine by vote if a conflict exists. The person potentially in conflict shall be
absent from the discussion and vote.
(d) It is the responsibility of other Officials who are aware of a real, potential or apparent
conflict of interest on the part of a fellow Official to raise the issue for clarification, first
with the Official and, if still unresolved, with the President.
(e) An Official in conflict should abstain from participation discussion on the matter, shall not
attempt to personally influence the outcome, shall refrain from voting on the matter and,
unless otherwise decided by the Board, should leave the meeting room for the vote. An
Official in conflict should be prepared to answer any questions of the Board or
Committee before vacating the meeting.
(f) The disclosure and decision as to whether a conflict exists shall be duly recorded in the
minutes of the meeting. The minutes should record that the Official was not present
during the discussion or the vote.
D. Examples of Conflict of Interest
(a) Any circumstance tha t may result in a personal or financial benefit to an Official
(excluding staff re remuneration) or his family, business associate or friend. This
40 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
includes, but is not limited to, accepting any payment for services rendered to Ontario
Sailing, including contracted work or honoraria; accessing financial or other resources
for personal use, i.e. transportation, training costs, supplies, equipment, etc.
(b) Personal interests which conflict with the interests of members or are otherwise averse
to the interests of Ontario Sailing;
(c) Seeking, accepting or receiving any personal benefit from a supplier, vendor, or any
individual or organization doing or seeking business with Ontario Sailing;
(d) Being an Official of another organization which might have material interests that conflict
with the interests of Ontario Sailing or its members or clients; and, dealing with matters
on one Board which might materially affect the other Board;
(e) Any involvement in the hiring, supervision, grievance, evaluation, promotion,
remuneration or firing of a family member, business associate or friend of the director;
(f) Public statements made by Officials that could be apparent as an impairment to his/her
ability to consider issues, in the execution of his/her functions with Ontario Sailing in an
impartial and objective manner;
(g) Specific Ontario Sailing examples of a conflict of interest might include:
i. Anyone who works part time for Ontario Sailing such as an Instructor/Evaluator (IE) where a conflict might arise if discussing rate of pay for IE's;
H. Owner of a private Sailing School if discussing rates or benefits of membership;
I11. Parents of staff (even part-time) or parent of athletes (Ontario Sailing Team [OST]
member), etc. when discussing benefits, services or fees.
VI. Policy Review
The Executive Committee and Board of Directors recognize that the provisions in this policy
may need to be revised from time to time to reflect its practical application, as well as changes
in the legal, regulatory and sport environments.
41 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Annex A
ONTARIO SAILING
CODE OF CONDUCT, OATH OF OFFICE AND CONFIDENTIALITY AGREEMENT
FOR OFFICIALS
CODE OF CONDUCT STATEMENT
Officials of the Ontario Sailing Association will at all times conduct themselves in a manner that:
• Supports the objectives of Ontario Sailing
• Serves the overall best interests of Ontario Sailing rather than an individual member
• Brings credibility and good will to Ontario Sailing
• Respects principles of fair play and due process
• Demonstrates respect for individuals in all manifestations of their cultural and linguistic diversity and life circumstances
• Respects and gives fair consideration to diverse and opposing viewpoints
• Demonstrates due diligence and dedication in preparation for and attendance at meetings, special events and in all other activities on behalf of Ontario Sailing
• Demonstrates good faith, prudent judgement, honesty, transparency and openness in their activities on behalf of Ontario Sailing
• Ensures that the financial affairs of Ontario Sailing are conducted in a responsible and transparent manner with due regard for their fiduciary responsibilities and public trusteeship
• Avoids real or apparent conflicts of interest
• Conforms with the By-laws and policies approved by the Board
• Publicly demonstrates acceptance, respect and support for decisions legitimately taken in transaction of Ontario Sailing's business.
• Officials respect each other's opinions and give each other the time to make their point (normally once) in both Board and Committee meetings. As it has happened recently most decisions are unanimous or with a clear majority voting in favour or against a motion. However, after the vote is taken it is respected as a vote of the whole Board and Directors (or committee) and Officials are expected to leave a meeting united.
• Officials are expected to speak well of the Association at all times. Concerns should be voiced internally at the first opportunity where they can be resolved.
42 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
OATH OF OFFICE/CONFIDENTIALITY S T A T E M E N T
I, , an Official of the Ontario Sailing Association (hereinafter referred to as the Association), declare that, in carrying out my duties, I will:
1. Exercise the powers of my office and fulfil my responsibilities in good faith and in the best interests of the Association.
2. Exercise these responsibilities, at all times, with due diligence, care and skill in a reasonable and prudent manner.
3. Respect and abide by the Association's by-laws, policies, Code of Conduct, and decisions of the Board and membership.
4. Keep confidential all information that I learn about members, personnel, collective bargaining and any other matters specifically determined by board motion to be matters of confidence, particularly those matters dealt with during in-camera meetings of the Board.
5. Conduct myself in a spirit of collegiality and respect for the collective decisions of the Board and subordinate my personal interests to the best interests of the Association.
6. Immediately declare any real or apparent personal conflict of interest that may come to my attention, if in doubt I will immediately bring it to the attention of the Board, the President, the Committee Chair or the Executive Director.
7. Immediately resign my position as Official of the Association in the event that I or my colleagues on the Board or Committee have concluded that I have breached my 'Oath of Office'.
Signature: Date:
43 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Annex B
ONTARIO SAILING
CONFLICT OF INTEREST DISCLOSURE FORM
Officials should declare any conflicts annually at appropriate times such as Board Orientation or the First meeting of the Board, normally following the AGM.
Directors Name:
I have reviewed my current activities and those of recent years as they may relate to the business of the Association. I have also considered the activities of my spouse and immediate family members, employer, employees and any related business in which I have an interest, in so far as they could be viewed to affect my objectivity and impartiality with respect to my duties as a director of this corporation .
I have brought the following to the attention of the Board of Directors as personal interests that could be apparent or real conflicts of interest: (use a signed attachment for details if preferred)
Submission Date: --------
I hereby certify that, to the best of my knowledge and judgment, I am not in a position of real, potential or apparent conflict of interest except as disclosed above.
I undertake to inform the Board of Directors of any change in circumstances or any unforeseen issues that arise in the course of the transaction of this corporation's business that may give rise to unforeseen real, potential or apparent conflict of interest.
I undertake not to disclose or otherwise misuse confidential or privileged information, for purposes of personal gain within the spirit of this commitment, to which I may be privy as a result of my position as a director of this corporation.
Signature : ------------ Date: _
44 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Annex B
Page 2
Response and Closure
The Board of Directors D The Executive Committee D
The President D The Executive Director D The Chair of the Committee D
Dealt with this matter on (Date) ------------ and resolved that
Minutes attached (if dealt with by the Board or a Committee).
Responses submitted (Date) --------------
Signature of authority: ----------------
45 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
PARENTS CODE OF CONDUCT
Statement:
It is the intention of this Code of Conduct to promote fair sailing and respect for all participants within Ontario Sailing and its member clubs. It is the expectation of the Association's Board of Directors and membership (your peers and fellow sailors) that all parents will adhere to the Code of Conduct set out below and respect the principles of fair sailing that the Code embodies at all times while participating in any Ontario Sailing activity.
Standards:
1. We will respect the concept that children sail because they enjoy it and not because their parents, coaches or others want them to.
2. We will respect and cooperate with teammates, coaches, opponents, officials and other parents and will treat all athletes as we would like to be treated.
3. We will at no time interfere with, bully, or take unfair advantage of any sailor, coach or official,
and will always consider the physical and emotional wellbeing of others.
4. We will display self-control, courtesy and good manners at all times when representing our
team and Ontario Sailing.
5. We will remember that winning isn't everything - that having fun, improving skills, making friends and doing one's best are important to everyone.
6. We will respect the reasonable requests of the coaches and officials and recognize that failure to show such respect, including being late for or disrupting training or a regatta, may result in an athlete or parent being asked, at the sole discretion of any Ontario Sailing coach or official, to leave the site for the remainder of the training session or regatta.
7. We will at no time as parents or guardians of members on the Ontario Sailing Team verbally or
physically threaten, intimidate or be abusive in any manner to a sailor, coach or official.
8. We will respect the disciplinary decisions made by the Coach or we will follow the proper
course of action and appeals available to us should we disagree with any of these decisions.
All Policies of Ontario Sailing are available on our web-site under "About Us".
Signature : ------------ Date: _
Updated and approved by the Ontario Sailing Board April 10th 2018
46 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Privacy Policy
Article 1 - General
1.1 Purpose - The purpose of this policy is to govern the collection, use and disclosure of
personal information in a manner that recognizes the right of privacy of individuals with respect
to their personal information and the need of Ontario Sailing Association to collect, use or
disclose personal information.
1.2 Definitions - The following terms have these meanings in this Policy:
a) Act - Personal Information Protection and Electronic Documents Act
b) Commercial Activity - any particular transaction, act or conduct that is of a commercial
character
c) Organization - includes an association, a partnership, a person, an unincorporated
association, a trust, a not for profit organization, a trade union and a corporation.
d) Personal Information - any information about an identifiable individual, but does not
include an employee's name, title, business address or telephone number.
e) Personal Health Information - any health information about an identifiable individual.
f) Representatives- Directors, officers, employees, committees, members, volunteers,
coaches, contractors and other decision makes with Ontario Sailing Association.
1.3 Application - This Policy applies to directors, officers, employees, committee members,
volunteers, coaches, contractors, and other decision-makers with Ontario Sailing Association in
the case of personal information that is collected, used or disclosed in connection with any
commercial activity.
1.4 Statutory Obligations - Ontario Sailing Association is governed by the Personal
Information Protection and Electronic Documents Act in matters involving the collection, use and
disclosure of personal information.
1.5 Additional Obligations - In addition to fulfilling all requirements of the Act, Ontario Sailing
Association and its Representatives will also fulfill the additional requirements of this Policy.
Representatives of Ontario Sailing Association will not:
a) Disclose personal information to a third party during any business or transaction unless
such business, transaction or other interest is properly consented to in accordance with
this policy;
b) Knowingly place themselves in a position where they are under obligation to any person
to disclose personal information;
c) In the performance of their official duties, disclose personal information to family
members, friends or colleagues, or to organizations in which their family members, friend
or colleagues have an interest;
d) Derive personal benefit from personal information that they have acquired during the
course of fulfilling their official duties with Ontario Sailing Association; and
e) Accept any gift or favor that could be construed as being given in anticipation of, or in
recognition for, the disclosure of personal information.
47 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
1.6 Ruling on Policy - Except as provided in the Act, the Board of Directors of Ontario Sailing
Association will have the authority to interpret any provision of this Policy that is contradictory,
ambiguous, or unclear.
Article 2 - Accountability
2.1 Personal Information - Ontario Sailing Association will be responsible for personal
information that is in its custody or under its control and will implement policies and practices to
secure all personal information during collection, use and disclosure.
2.2 Employees - Ontario Sailing Association will be responsible to ensure that the employees,
contractors, agents or otherwise are complaint with the Act and this Policy.
2.3 Privacy Officer - Ontario Sailing Association will designate an individual to oversee the
implementation and monitoring of this Privacy Policy and the security of personal information.
2.4 Duties - The Privacy Officer will:
a) Implement procedures to protect personal information;
b) Establish procedures to receive and respond to complaints and inquiries;
c) Ensure all staff implements the proper procedures to protect personal information.
d) Make his/her identity and contact information known to the public via OSA's web site and
will be publicly accessible;
e) Respond to all requests and inquiries in regards to personal information;
f) Train staff and communicate to staff information about the Ontario Sailing Association 's
policies and practices; and
g) Develop information to explain Ontario Sailing Association 's policies and procedures to
members and the public.
2.5 Disclosure to Third Parties - A contract made with a third party having access to personal
information held by Ontario Sailing Association will include a clause that ensures the third party
does not breach Ontario Sailing Association's privacy policies.
2.6 Information- Information will be made available to the public via Ontario Sailing
Association's web site explaining privacy policies and procedures.
2.7 Annual Review - This Policy will be reviewed annually by the Privacy Officer and
necessary changes will be made to ensure the protection of personal information and
compliance with the law.
Article 3 - Identifying Purposes 3.1 Collection - Ontario Sailing Association will only collect information reasonably necessary
for the identified purposes set out in Article 3.3 and will identify in writing the purposes for which
personal information is collected at or before the time of collection. The purposes will be stated
in a manner that an individual can reasonably understand how the information will be used or
disclosed.
48 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
3.2 Notification - Before or at the time of collecting personal information Ontario Sailing
Association will notify the individual in writing or orally the purposes for which the information is
collected and the name of the Privacy Officer.
3.3 Purpose - Personal information may be collected from prospective members, members,
participants, coaches, referees, managers, and volunteers ("Individuals") and used by Ontario
Sailing Association Representatives for purposes that include, but are not limited to, the
following:
a) Name, address, phone number, cell phone number, fax number and e-mail address for
the purpose of providing information to Ontario Sailing Association.
b) Nationality for statistics as required by Sport Canada
c) NCCP number, education, resumes and experience for database entry at the Coaching
Association of Canada to determine level of certification and coaching qualifications.
d) Credit card information for registration at conferences, purchasing equipment, coaching
manuals and other resources.
e) Date of birth and athlete biography for media releases and to determine age group.
f) Banking information, social insurance number, criminal records check, resume, and
beneficiaries for Ontario Sailing Association 's payroll, company insurance and health
plan.
g) Personal health information including provincial health card numbers, allergies,
emergency contact and past medical history for use in the case of medical emergency.
h) Personal health information for individuals with a disability in order to determine eligibility
to compete and classification.
i) Athlete information including height, dietary supplements taken, uniform size, shoe size,
feedback from coaches and trainers, performance results, biography information and
Ontario Sailing Association registration number for required registration forms, outfitting
uniforms, media relations, and components of selection.
j) Athlete whereabouts information including sport/discipline, training times and venues,
training camp dates and locations, travel plans, competition schedule, and disability, if
applicable, for Canadian Centre for Ethics in Sport inquiries for the purpose of out of
competition doping testing.
k) Individual measurements for adjusting equipment.
I) Body weight, mass and body fat index to monitor physical response to training and to
maintain an appropriate weight for competition.
m) Marketing information including attitudinal and demographic data on individual members
to determine membership demographic structure, and program wants and needs. n)
n) Passport numbers and Aeroplan/frequent flyer number for travel purposes.
o) Individuals providing their addresses or e-mail addresses to Ontario Sailing Association
will receive an advertisement from new and existing Corporate Partners, an alumni
letter, a newsletter and donation request for the purpose of fundraising.
49 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
3.4 Purposes not Identified - Ontario Sailing Association will seek consent from individuals
when personal information is used for a purpose not previously identified. This consent will be
documented as to when and how it was received.
Article 4 - Consent 4.1 Consent - Ontario Sailing Association will obtain consent from individuals at the time of
collection prior to the use or disclosure of this information.
4.2 Lawful Means - Consent will not be obtained by deception. 4.3 Requirement - Ontario Sailing Association will not, as a condition of a product or service,
require an individual to consent to the collection, use or disclosure of information beyond that
required to fulfill the specified purpose.
4.4 Form - Consent may be written, oral or implied. In determining the form of consent to use,
Ontario Sailing Association will take into account the sensitivity of the information, as well as the
individual's reasonable expectations. Individuals may consent to the collection and specified
used of personal information in the following ways:
a) By filling out an application form;
b) By signing a form;
c) By checking a check off box;
d) By providing written consent either physically or electronically;
e) By consenting orally in person; or
f) By consenting orally over the phone.
4.5 Withdrawal - An individual may withdraw consent to the collection, use or disclosure of
personal information at any time, subject to legal or contractual restrictions, provided the
individual gives one week's notice of such withdrawal. Ontario Sailing Association will inform the
individual of the implications of such withdrawal.
4.6 Legal Guardians - Consent will not be obtained from individual who are minors, seriously
ill, or mentally incapacitated and therefore will be obtained from a parent, legal guardian or
person having power of attorney.
4.7 Exceptions for Collection - Ontario Sailing Association is not required to obtain consent
for the collection, of personal information if:
a) it is clearly in the individual's interests and consent is not available in a timely way;
b) knowledge and consent would compromise the availability or accuracy of the information
and collection is required to investigate a breach of an agreement or contravention of a
federal or provincial law;
c) the information is for journalistic, artistic or literary purposes;
50 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
d) the information is publicly available as specified in the Act.
4.8 Exceptions for Use - Ontario Sailing Association may use personal information without the
individual's knowledge or consent only:
a) if Ontario Sailing Association has reasonable grounds to believe the information could be
useful when investigating a contravention of a federal, provincial or foreign law and the
information is used for that investigation;
b) for an emergency that threatens an individual's life, health or security;
c) for statistical or scholarly study or research (Ontario Sailing Association must notify the
Privacy Commissioner before using the information);
d) if it is publicly available as specified in the Act;
e) if the use is clearly in the individual's interest and consent is not available in a timely
way; or
f) if knowledge and consent would compromise the availability or accuracy of the
information and collection was required to investigate a breach of an agreement or
contravention of a federal or provincial law.
4.9 Exceptions for Disclosure - Ontario Sailing Association may disclose personal information
without the individual's knowledge or consent only:
a) to a lawyer representing Ontario Sailing Association;
b) to collect a debt, the individual owes to Ontario Sailing Association;
c) to comply with a subpoena, a warrant or an order made by a court or other body with
appropriate jurisdiction;
d) to a government institution that has requested the information, identified its lawful
authority, and indicated that disclosure is for the purpose of enforcing, carrying out an
investigation, or gathering intelligence relating to any federal, provincial or foreign law; or
that suspects that the information relates to national security or the conduct of
international affairs; or is for the purpose of administering any federal or provincial law;
e) to an investigative body named in the Act or government institution on Ontario Sailing
Association’s initiative when Ontario Sailing Association believes the information
concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign
law, or suspects the information relates to national security or the conduct of
international affairs;
f) to an investigative body for the purposes related to the investigation of a breach of an
agreement or a contravention of a federal or provincial law;
g) in an emergency threatening an individual's life, health, or security (Ontario Sailing
Association must inform the individual of the disclosure);
h) for statistical, scholarly study or research (Ontario Sailing Association must notify the
Privacy Commissioner before disclosing the information);
i) to an archival institution;
j) 20 years after the individual's death or 100 years after the record was created;
k) if it is publicly available as specified in the regulations; or
I) if otherwise required by law.
51 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Article 5 - Limiting Collection
5.1 Limiting Collection - Ontario Sailing Association will not collect personal information
indiscriminately. Information collected will be for the purposes specified in Article 3.3.
5.2 Method of Collection - Information will be collected by fair and lawful means.
Article 6 - Limiting Use, Disclosure, and Retention
6.1 Limiting Use - Personal information will not be used or disclosed for purposes other than
those for which it was collected as described in Article 3.3, except with the consent of the
individual or as required by law.
6.2 Retention Periods - Personal information will be retained for certain periods of time in
accordance with the following:
a) Registration data and athlete information will be retained for a period of three years after
an individual has left the program in the event that the individual chooses to return to the
program;
b) Parental/family information will be retained for a period of three years after an individual
has left the program in the event that the individual chooses to return to the program;
c) Credit Card information will be destroyed immediately upon completion of a financial
transaction.
d) Information collected by coaches will be retained for a period of three years after an
individual has left the program in the event that the individual chooses to return to the
program, and in order to communicate program and conference dates.
e) Employee information will be retained for a period of seven years in accordance with
Canada Customs and Revenue Agency requirements.
f) Personal health information will be immediately destroyed in the event that the individual
chooses to leave the program
g) Personal health information of Paralympic athletes will be retained for a period of
three years after an individual has left the program in the event that the individual
chooses to return to the program;
h) Marketing information will be immediately destroyed upon compilation and analysis of
collected information.
i) As otherwise may be stipulated in federal or provincial legislation.
6.3 Destruction of Information - Documents will be destroyed by way of shredding and
electronic files will be deleted in their entirety.
52 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
6.4 Exception - Personal information that is used to make a decision about an individual will be
maintained for a minimum of one year of time to allow the individual access to the information
after the decision has been made.
6.5 Third Parties- Information which has been consented to be disclosed to a third party will be
protected by a third party agreement to limit use and disclosure.
Article 7 - Accuracy
7.1 Accuracy - Personal information will be accurate, complete and up to date as is necessary
for the purposes for which it is to be used to minimize the possibility that inappropriate
information may be used to make a decision about the individual.
7.2 Update - Personal information will only be updated if it is necessary to fulfill the purposes
for which the information was collected unless the personal information is used on an ongoing
basis.
7.3 Third Parties - Personal information disclosed to a third party will be accurate and up-to
date.
Article 8 - Safeguards
8.1 Safeguards - Personal information will be protected by security safeguards appropriate to
the sensitivity of the information against loss or theft, unauthorized access, disclosure, copying,
use or modification.
8.2 Sensitivity - The nature of the safeguards will be directly related to the level of sensitivity of
the personal information collected. The more sensitive the information, the higher the level of
security employed.
8.3 Methods of Protection - Methods of protection and safeguards include, but are not limited
to, locked filing cabinets, restricted access to offices, security clearances, need-to-know access
and technological measures including the use of passwords, encryption, and firewalls.
8.4 Employees - Employees will be made aware of the importance of maintaining personal
information confidential and may be required to sign confidentiality agreements.
8.5 Coaches Information - Personal information in the possession of coaches will be secured
in a locked filing cabinet and a password protected computer accessed only by the OSA
Program Director responsible for the Coaching portfolio .
8.6 Financial Information - Personal information of employees will be secured in a locked
filing cabinet and on a password protected computer accessed only by the Finance Officer and
office staff with permission for the Finance Officer.
53 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
8.7 Membership Information- Membership information will be secured in a locked filing cabinet
and on a password protected computer accessed only by office staff with permission of the
Executive Director.
8.8 Athlete Information - Athlete information will be secured in a locked filing cabinet in
Ontario Sailing Association's office and on a password-protected computer, both of which will
only be accessed by office staff with permission of the Executive Director.
8.9 Personal Health Information - Personal health information will be secured in a locked
filing cabinet in Ontario Sailing Association 's office and on a password-protected computer, both
of which will only be accessed by approved Ontario Sailing Association staff.
8.10 Marketing Information - Marketing information will be secured in a locked filing cabinet
and on a password-protected computer, both of which will only be accessed by the Director of
Development.
Article 9 - Openness
9.1 Openness - Ontario Sailing Association will make publicly available information about its
policies and practices relating to the management of personal information. This information will
be in a form that is generally understandable.
9.2 Information - The information made available will include:
a) the name or title, and the address, of the person who is accountable for the
organization 's policies and practices and to whom complaints or inquiries can be
forwarded;
b) the means of gaining access to personal information held by the organization;
c) a description of the type of personal information held by the organization, including a
general account of its use;
d) a copy of any brochures or other information that explain the organization's policies,
standards, or codes; and
e) organizations such as CCES, Canadian Yachting Association, Sport Canada, and
Coaches Association of Canada in which personal information is made available.
Article 10 - Individual Access
10.1 Individual Access - Upon written request, and assistance from Ontario Sailing
Association, an individual will be informed of the existence, use, and disclosure of his or her
personal information and will be given access to that information.
10.2 Amendment - An individual will be able to challenge the accuracy and completeness of
the information and have it amended as appropriate.
10.3 Denial - An individual may be denied access to his or her personal information and
provided a written explanation as to why if:
54 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
a) the information is prohibitively costly to provide;
b) the information contains references to other individuals;
c) the information cannot be disclosed for legal, security, or commercial proprietary
reasons, and
d) the information is subject to solicitor-client or litigation privilege.
10.4 Contents of Refusal - If Ontario Sailing Association determines that the disclosure of
personal information should be refused, Ontario Sailing Association must inform an individual
the following:
a) the reasons for the refusal and the provisions of the Act on which the refusal is based;
b) the name, position title, business address and business telephone number of the Privacy
Officer who can answer the applicant's questions; and
c) that the individual may ask for a review within thirty (30) days of being notified of the
refusal.
10.5 Source - Upon request, the source of personal information will be disclosed along with an
account of third parties to whom the information may have been disclosed.
10.6 Identity - Sufficient information may be required to confirm an individual's identity prior to
providing that individual an account of the existence, use, and disclosure of personal
information.
10.7 Response - Requested information will be disclosed within 30 days of receipt of the
request at minimal expense for copying or no cost to the individual, unless there are reasonable
grounds to extend the time limit. The requested information will be provided in a form that is
generally understandable.
10.8 Costs - Costs may only be levied if an individual is informed in writing in advance of the
approximate cost and has agreed to proceed with the request.
10.9 Inaccuracies - If personal information is inaccurate or incomplete, it will be amended as
required and the amended information will be transmitted to third parties in due course.
10.10 Unresolved Complaints - An unresolved complaint from an individual in regards to the
accuracy of personal information will be recorded and transmitted to third parties having access
to the information in question.
Article 11 - Challenging Compliance
11.1 Challenges - An individual will be able to challenge compliance with this Policy and the
Act to the designated individual accountable for compliance.
11.2 Procedures - Upon receipt of a complaint Ontario Sailing Association will:
a) Record the date the complaint is received;
b) Notify the Privacy Officer who will serve in a neutral, unbiased capacity to resolve the
complaint;
55 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
c) Acknowledge receipt of the complaint by way of telephone conversation and clarify the
nature of the complaint within three (3) days of receipt of the complaint;
d) Appoint an investigator using Ontario Sailing Association personnel or an independent
investigator, who will have the skills necessary to conduct a fair and impartial
investigation and will have unfettered access to all file and personnel, within ten (10)
days of receipt of the complaint.
e) Upon completion of the investigation and within twenty-five (25) days of receipt of the
complaint, the investigator will submit a written report to Ontario Sailing Association.
f) Notify the complainant the outcome of the investigation and any relevant steps taken to
rectify the complaint, including any amendments to policies and procedures within thirty
(30) days of receipt of the complaint.
11.3 Assistance - Ontario Sailing Association will assist an individual in preparing a request for
information.
11.4 Whistleblowing - Ontario Sailing Association must not dismiss, suspend, demote,
discipline, harass or otherwise disadvantage an employee of Ontario Sailing Association, or
deny that employee a benefit because the employee, acting in good faith and on the basis of
reasonable belief:
a) has disclosed to the commissioner that Ontario Sailing Association has contravened or
is about to contravene the Act;
b) has done or stated an intention of doing anything that is required to be done in order to
avoid having any person contravene these Act;
c) has refused to do or stated an intention of refusing to do anything that is in contravention
of these Act.
56 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Provincial Team Selection Policy
• Must be a current registered member in good standing of Sail Canada and Ontario
Sailing (viaClub membership)
• Must possess Canadian Citizenship and/or under the eligibility requirements of the
World Sailing, as it pertains to citizenship or residency status, must be eligible to
represent Canada at major international competitions, including World Championships
• Must not be under suspension or other sanction for any doping or doping-related
offense.
• Must commit to sign an Athlete Agreement which will include adherence to the Ontario Sailing Athlete Code of Conduct (both are attached and are part of policy)
• Sign additional Athlete Agreements as required by Ontario Sailing and additional
Agreements to be carded under Quest for Gold, or to participate in such competitions as
Ontario Summer Games, Canada Summer Games, Youth Worlds and any other event
that requires an agreement to be signed
• Must participate in the current years COMBINE, unless a request for an exemption due
to injury, illness or other legitimate circumstance is approved in advance in writing by
Ontario S a i l i n g
• An athlete must be able to demonstrate a minimum level of technical skill, fitness, and
competition performance to be considered
• Ontario Sailing Provincial Coaches will set the minimum standards mentioned above
• An athlete must be able to demonstrate progression in their performance, as shown by
the following indicators; comparison to performances in previous years, performance on
fitness assessments, and maintenance of appropriate body composition for the class in
question.
• The athlete must be based at a training location identified by Ontario Sailing or at a
suitable location agreed to by Ontario Sailing making it possible for the athlete's training
plan to be carried out under regular coaching supervision.
• Maximum team size is to be determined by the Ontario Sailing Provincial Coaches to
ensure quality of training for team members.
Ontario Sailing Athlete Agreement
AGREEMENT made this day of , 20
BETWEEN
Ontario Sailing having its provincial office
At 70-17 Unsworth Ave. Hamilton Ontario (hereinafter referred to as "Ontario Sailing")
AND
--------------' residing at -------------- (hereinafter referred to as "the Athlete").
WHEREAS the Athlete wishes to be an active competitor in ONTARIO SAILING
sanctioned events with his or her rights and obligations clearly defined;
WHEREAS Ontario Sailing is recognized by Sail Canada and The Ministry of Tourism,
57 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Culture and Sport as the sole Provincial Federation governing the sport of Sailing in Ontario;
WHEREAS Ontario Sailing and the Athlete recognize the need to clarify the relationship
between Ontario Sailing and the Athlete by establishing their respective rights and
obligations;
AND WHEREAS the National Federation requires that Ontario Sailing certify the eligibility of the Athlete to compete as a member in good standing;
NOW THEREFORE the parties agree to the following:
1. Ontario Sailing shall:
Ontario Sailing's Obligations
a. organize, select and operate teams of athletes, coaches and other necessary support
staff (a Provincial Team) to represent Ontario in the sport of Sailing at Provincial and
National competitions;
b. publish criteria for the selection of athletes to Provincial Team
c. organize programs and provide funding for the development and provision of coaching
expertise , officials and event training centers in Ontario in the sport of Sailing in
accordance with the budget of Ontario Sailing;
d. assist the Athlete in obtaining quality medical care and advice;
e. regularly provide Provincial Team information (training and competition) to the Athlete in
the form of mailed or emailed correspondence;
f. provides a formal review of the Athlete's annual training program;
2. The Athlete shall:
Athlete’s Obligations
a. Be a member in good standing of Ontario Sailing, which includes the payment of Team
Fees prior to their required deadline(s). Failure by the Athlete to maintain their good
standing will result in disruption or termination of Ontario Sailing support.
b. recognize the responsibilities of the coaches in coaching-related decisions and follow the
training and competitive program mutually agreed to by the following:
• Ontario Sailing representative responsible for developing and monitoring
Provincial Team training and competitive programs (the Provincial Coach,
Manager, and Executive Director);
• the Athlete;
c. Recognize the coach's authority under the Ontario Sailing Concussion Policy available at
www.ontariosailing.ca, this includes the athlete waiving their rights to the RRS "Decision
to Race" in the case of a suspected concussion. Medical clearance to return to a contact
sport is required prior to participation in any event or training program.
d. avoid living in an environment not conducive to high-performance achievements or taking
any deliberate action that puts his or her ability to perform at risk or limits performance;
e. provide the Provincial Coach or his or her designate, by mail or email sent to Ontario
Sailing, with an annual training chart and monthly updates of changes to the chart or any
other appropriate information that Ontario Sailing may request;
f. Agree to participate in 2016 Ontario Sailing Combine (Event date TBD), unless prior
approval is granted based on the Ontario Sailing Team Selection Policy.
g. notify Ontario Sailing immediately in writing of any injury or other legitimate reason that
will prevent the Athlete from participating in an upcoming event or training block, and
ensure in the case of an injury that a certificate from a medical doctor setting out the
specific nature of the injury is forwarded to Ontario Sailing within three weeks of the injury;
h. sign and adhere to the Ontario Sailing Athlete Code of Conduct in Appendix A of this
Agreement
i. be a member in good standing agree to compete exclusively for Ontario and/or Canada
58 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
from one year from being accepted on the Provincial Team, dress in the Provincial Team
uniform and other official clothing, if applicable, while traveling or participating as part of
the Provincial Team;
j. avoid any action or conduct that would reasonably be expected to significantly disrupt or
interfere with a competition or the preparation of any Athlete for a competition;
k. avoid the use of banned substances that contravene the rules of the International Olympic
Committee (IOC), the rules of the International Federation and the Canadian Policy on
Doping in Sport;
I. submit , without prior warning, to unannounced doping-control tests in addition to other
prior-notice tests and submit at other times to doping-control testing when requested by
Ontario Sailing, Sport Canada, the Canadian Centre for Ethics in Sport (CCES) or other
authorities designated to do so;
m. avoid the possession of anabolic drugs and neither supply such drugs to others directly or
indirectly nor encourage or condone their use by knowingly aiding in any effort to avoid
detection of the use of banned substances or banned performance enhancing practices;
n. participate, if asked by Ontario Sailing to do so, in any Doping Control/Education Program
developed by Ontario Sailing in co-operation with Sport Canada and the CCES;
o. avoid participating in any competitions where federal government sport policy has determined that such participation is not permitted;
Duration of Agreement
This AGREEMENT comes into force on the date that both Ontario Sailing, the Athlete, and
Parent (if applicable) sign until October 31st 2016, unless terminated earlier.
Waiver
I understand that it is a condition of my participating in this program that I do so at my own risk.
Therefore, in consideration of my acceptance of entry into this program, I agree to save
harmless and keep indemnified Ontario Sailing, the host club or organization, Sail Canada, the
organizers and their respective agents, officials, servants and representatives from and against
all claims, actions, costs, expenses and demands in respect to death, injury, loss or
damage to my person or property, howsoever caused, arising out of or in connection with my
taking part in this program, notwithstanding that the same may have been contributed to or
caused or occasioned by the negligence of the same bodies, or any of them, or their agents
officials, servants or representatives. I further understand and agree that this
release is binding upon myself, my heirs, executors and assigns. I understand that photographs
and videos taken of program participants, staff may be used for promotional purposes and I
hereby consent to such by Ontario Sailing. I have read and understand Ontario Sailing's Privacy
Policy (found at Ontario Sailing .ca).
Athlete signature Date
Parent signature (if athlete is under 18) Date
ONTARIO SAILING representative signature Date
59 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
APPENDIX A
Ontario Sailing Athlete Code of Conduct
I, , am an athlete training and competing in the sport of sailing.
I understand that while competing, training and participating in the sailing community I must:
1. Work towards the attainment of my full potential in the lifelong sport of sailing.
2. Respect fellow sailors, volunteers (parents, race officials ...), club staff, Ontario Sailing/Sail
Canada staff and
coaches.
3. Be gracious in victory and defeat, be co-operative, sportsmanlike and always remain a team
player. I will
remember that my actions on and off the water reflect not only on me but my sailing
organization as well.
4. Regard the Racing Rules as a form of agreement. The Rules represent the spirit or letter
which I shall not evade
or break.
5. Treat all clubs, public areas, accommodation facilities, as well as other people's property as
my own. I
understand that any willful destruction of property or theft is not permitted. Full payment will be required for
any destruction .
6. Not get involved in any act considered to be an offense under federal, provincial or local laws.
7. Act in a reasonable and acceptable manner; unacceptable behavior includes but is not limited
to; unsportsmanlike conduct, willful damage to property, actions that would cause the Athlete to
lose eligibility to compete in Olympic Games, or Major Games or in competitions sanctioned by
Ontario Sailing, Sail Canada or World Sailing;
8. Avoid the use of Alcohol and tobacco products at any time if underage while participating,
training or competing in Sailing regattas, camps and functions and for those of age should drink
responsibly at all times, remembering that they are role models and representatives of their
club, Ontario Sailing and the Sail Canada;
9. Avoid the use of banned substances in contravention to the rules of World Sailing, IOC, the
Canadian Anti-Doping Program (CADP), Ministry Health Promotion, Quest for Gold and Sport
Canada policy and submit, without prior
warning, to unannounced doping-control tests in addition to other prior-notice tests, and submit
at other times to doping-control testing when requested by Ontario Sailing, Sail Canada, Sport
Canada, the Canadian Centre for Ethics in Sport (CCES) or other authorities designated to do
so.
10. Avoid possession of anabolic drugs and substances illegal under Canadian laws, and shall
neither supply such drugs directly or indirectly to others, nor encourage or condone their use by
knowingly aiding in any effort to avoid detection of the use of banned substances or banned
performance-enhancing p r a c t i c e s
11. Participate in any Doping Control/Education Program as formulated by Ontario Sailing and
Sail Canada in cooperation with Sport Canada or other organizations designated by Ontario
Sailing; 12. Enjoy the sport!
I understand that any disciplinary problems which arise shall be investigated by the regatta jury,
Ontario Sailing or Sail Canada personnel on site. If it is decided that individuals are not adhering to the above
guidelines, the following
actions may be pursued;
60 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
a) Termination of individual's participation in the given event. b) Removal of individual's right to
compete in future
related events, c) Withdrawal of funding for future Ontario Sailing/Sail Canada/Club
events/teams.
d) Individual may be subjected to further discipline by Ontario Sailing, Sail Canada and/or club.
Athlete Signature Date _
REMEMBER ... "You haven't won the race if in winning the race; you have lost the respect of
your
competitors. " (Paul Alstom)
61 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Risk Management Policy
Preamble
As the provincial sport organization that governs sailing in Ontario, Ontario Sailing recognizes
that there are risks inherent in the operation of the organization and in the sport of sailing.
Ontario Sailing is committed to minimizing risks to the organization and to its volunteers, members and team by being proactive in identifying, measuring and controlling actual and
potential risks.
Aim
The aim of this document is to provide direction as to how the risk management function is to be performed within Ontario Sailing.
Purposes
The purposes of risk management are to:
1. Prevent or limit injury to participants, volunteers and staff
2. Help protect Ontario Sailing and its volunteers and staff against litigation 3. Reduce the cost of insurance
4. Improve the services provided to Ontario Sailing's members
5. Practice sound business management; and 6. Enhance Ontario Sailing's image and reputation.
Authority
This document is issued under the authority of the Executive Director and the Board of
Directors.
Application
This policy is applicable within all aspects of Ontario Sailing.
Definitions
Risk: Risk is defined as any condition or circumstance that may result in injury, damage or loss
to either individuals or organizations.
Risk Management: Risk management is a logical step-by-step process for reducing the chance
of injury, damage or loss by taking steps to identify measure and control risks.
Risk Management Plan: A systematic and comprehensive analysis of activities within Ontario
Sailing to assess potential risks, and the selection and introduction of appropriate risk control
measures.
Policy
1.
2.
3.
All activities or events undertaken by Ontario Sailing must be analyzed from a risk
management perspective with a view to protecting Ontario Sailing and its members
against possible risk.
Prudent measures must be taken .to identify measure and control both predictable
and unforeseen risks.
Risk control strategies and procedures must be reasonable, and must protect Ontario
Sailing from accusations of negligence by establishing a "standard of care" that is
defined by written/published standards, unwritten/unpublished standards (e.g. typical
practices within the Ontario sport system or industry), established precedent (i.e. case
law) and common sense.
62 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
4. Risk management is shared responsibility. All directors, officers, staff and volunteers
have a general responsibility to take appropriate measure within their terms of
reference to manage risk.
5. The Executive Director is assigned the specific responsibility for developing and
implementing a Risk Management Plan that will give force to this policy within Ontario
Sailing's operations.
Provisions
Risk Management Process: Managing risk involves a two-step process: identifying and
measuring actual or potential risks and the development and implementation of measures for
controlling risks. The two steps are explained at greater length below.
Identifying and Measuring Risks: Any risk that may arise as a result of an activity or event
shall be identified, and
1. The probability of that risk becoming reality, and
2. The related potential effect and/or cost to individuals or organizations shall be
assessed.
The sources of risk are generally categorized as follows: facilities (e.g. buildings), equipment
(e.g. office equipment, boats, sails, trailers), people (e.g. participants, staff, volunteers), and
programs (i.e. sailing itself). The main types of risk are categorized as:
a) Physical or mental injury
b) Loss of rights/wrongful actions
c) Property loss or damage
d) Damage to reputation.
Controlling Risks: Based on the results of risk identification and measurement, steps shall be
taken to control risks. All risks have three components:
1. Probability of occurrence
2. Severity of the hazard, and
3. The exposure of people and equipment to the risk
Controlling risks generally entails developing and implementing measures that have one of four purposes:
a) Retaining the risk: no action is taken because the likelihood of occurrence is low and
the risk-related consequences are low.
b) Reducing the risk and minimizing the exposure: actions are taken to reduce the
likelihood of occurrence and/or the consequences.
c) Transferring the risk: the level of risk is accepted, but the risk is transferred to others
(e.g. through insurance or other forms of contracts).
d) Avoiding the risk: the risk is eliminated through a decision to not continue with the
risk-generating activity (e.g. cancel an event or program)
Risk Control Measures: Risk control measures or strategies to retain, reduce, transfer or
eliminate assessed risk may include, but are not limited to:
a) Policy development
63 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
b) Communication and education c) Instruction or special training
d) Establishment of mandatory qualifications and certification
e) Use of legally sound agreements and contracts (with athletes, employees,
contractors, partners, etc.)
f) Supervision
g) Establishment of complaint handling procedures
h) Frequent reviews of insurance policies
i) Emergency systems and procedures
j) Modifications to equipment and facilities and k) Use of warnings and waiver liability forms
Risk Manager: The Safety Coordinator of Ontario Sailing is appointed to the Risk Manager for
the Association. The Risk Manager is responsible and accountable to the Executive Director for
preparing Ontario Sailing's Risk Management Plan, coordinating its implementation and
ensuring that it remains up-to-date.
Risk Management Plan: A Risk Management Plan shall be developed as the mechanism for
ensuring a coordinated approach to risk management within Ontario Sailing's operations. The
Risk Management Plan shall address both identified risks and a process for dealing with
unforeseen risks:
a) Identified Risks: Following a comprehensive risk analysis, the Plan shall identify all
of the known risks of any significance that pertain to Ontario Sailing and its operations.
For each risk, a mitigating control measure or measures shall be specified. A specific
appointment within the Ontario Sailing staff/volunteer team shall be tasked with the
responsibility of managing the selected risk control measure(s). The Plan shall also
include a methodology for periodic review of each risk control measure to ensure that it
remains current and functional.
b) Unforeseen or Emerging Risks: The Plan shall identify a process through which
Ontario Sailing's operating environment is regularly scanned for new risks. The process
must specify the procedure for identifying and measure new risks, for determining
appropriate control measures, for assigning responsibility for control measures and for
updating the Risk Management Plan accordingly.
Insurance: Insurance is one of the principal risk control measures that Ontario Sailing employs:
a) Ontario Sailing Insurance Policy: Ontario Sailing maintains an insurance policy on
behalf of the directors, members, volunteers and sponsors of Ontario Sailing and its
member organizations. The coverage in force is a Third Party Sports Liability Poleg
that includes Directors and Officers errors and omissions.
b) Management of Insurance Policy: Merely identifying possible risks does not mean
that the activity or event is covered by Ontario Sailing's insurance policy. Therefore, a
proactive and focused effort shall be made to ensure that all activities or events are
evaluated for essentiality and for associated risks. If an activity is deemed to be
necessary and it is assessed that insurance is an appropriate control measure for risks
associated with the activity, action must be taken to ensure that insurance coverage is
in place.
64 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
c) Responsibility: Ontario Sailing's Program Director is responsible for all
administration related to the maintenance of current and effective coverage
t h r o u g h the Ontario Sailing insurance policy. The Program Director will be the
Ontario Sailing authority regarding insurance matters between Ontario Sailing and its
insurer and between Ontario Sailing and its members.
Reporting: To ensure that risk management remains a high and visible priority within Ontario
Sailing, the following reporting requirements are in effect:
a) Executive: Updates on the status of Ontario Sailing's Risk Management Plan and
insurance policy will be agenda items at all meetings of Ontario Sailing's Executive.
b) Board: Reports on the status of Ontario Sailing's Risk Management Plan and
insurance policy will be made annually to the Ontario Sailing Board, normally at its
January meeting (on the occasion of the Ontario Sailing Annual General Meeting) .
65 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
SCREENING POLICY
Due to the positions of trust that are inherent in the provision of sport activities, all staff and volunteers that will play a role in Ontario Sailing activities need to be screened for the protection of all the individuals that we provide service to, especially individuals considered vulnerable. Initial screening includes interviewing all potential staff and volunteers. If the candidate continues to be a potential staff or volunteer, the next step of screening requires a minimum of two references be conducted by the supervisor of the position. The references will be conducted with an individual of the candidate who has no family relationship to the candidate. A condition of employment for all employees is to submit a police check. Any position that could put the employee in a positon of trust or authority over children or other vulnerable populations will be required to submit a Vulnerable Sector Screening. All other employees will be asked to submit a current Police Criminal Records Check. (Current is defined as three months from employment commencement date). Note for some positions, individuals may also be asked to submit a driver’s abstract as a screening tool to help protect the organization’s assets. All volunteers who will be in a position or trust or authority over children or other vulnerable populations will be required to submit a Vulnerable Sector Screening. Any other volunteers taking on positions designated as a high risk position will be asked to submit a current Police Criminal Records Check. (Current is defined as three months from the start date of volunteer activities). Job descriptions for each position indicate the type of record check required for the position. The Executive Director will assess any unusual situations to determine the level of police record check required. Reports will be reviewed only by the Executive Director and once approved, a copy of the report with a date and signature indicating that an original was seen will be kept in a secure location. Criminal Reference Checks do not guarantee absolute protection to the organization. They are used as a precautionary measure designed to seek confirmation that employees and volunteers in contact with children and/or vulnerable adults do not have a criminal history which could potentially make them unsuitable for certain positions of trust. At the discretion of the Board of Directors, a staff and/or volunteer may be asked to provide a current and satisfactory Record Check at any time during the course of their involvement. When the organization requests an updated report, they will be reimbursed any cost of such report
66 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
upon receiving an official receipt. Please note individuals who have had a six month or greater gap in service will be treated as new applicants for the purposes of criminal reference checks. Additionally, any employees and volunteers actively seeking to take on different positions within the organization should be aware that a change in role may require a new or different level of police record check being submitted.
The provision of a current record check is a condition of employment for successful candidate(s). Employment and/or volunteer service is not allowed to commence until such time after the record check report results are received and a decision on approval of the report is confirmed.
Reviewed and Approved by Ontario Sailing Board of Directors
March 12, 2018
67 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
SOCIAL MEDIA POLICY Purpose & Goals: Through rapid changes in technology and the growth of social media platforms and the internet, communication and information sharing has profoundly changed. Social media and mobile device technology brings many opportunities but also an increased threat to privacy, the risk of sharing proprietary corporate information and opportunity for code of conduct incidents; both innocent and intended. Ontario Sailing recognizes the importance of social media platforms and online communities such as, but not limited to, Facebook, LinkedIn, YouTube and Twitter, and their importance in information sharing and education. We recognize our responsibility to develop policies and procedures to minimize the risk of unauthorized and inappropriate use of information technology and social media, as well as create a collaborative and supportive environment for those affiliated with Ontario Sailing to engage in social media. The purpose of this policy is to set out a direction and requirements for employees, and volunteers and athletes participating in the social media realm, and representing oneself, and by association the organization, online. The scope of this policy includes all employees, volunteers and team athletes with Ontario Sailing. These restrictions are intended to ensure compliance with legal and regulatory restrictions and privacy of personal information, confidentiality, and prevent breaches in participant/member privacy and communication system policy. The purpose of this policy is to provide employees with requirements for participating in social media, including organization hosted social media, where affiliation with Ontario Sailing is generally known, identified or presumed. It is also to clearly outline the privacy, confidentiality, legal and ethical issues that all employees and volunteers have in regards to the use of social media. Definitions For the purpose of this policy, “Social Media” refers to all online tools used to produce, post and interact using text, images, video and audio to communicate, share, collaborate or network. This includes, but not limited to blogs, podcasts, discussion forums, on-line collaborative information and publishing systems that are accessible to internal and external audiences (i.e. Blogs, social networks, wiki’s, videos and photo file sharing, information sharing, tagging, podcasting and vlogging, and other similar tools (Twitter, Facebook, LinkedIn, and Snapchat etc.) Individual Accounts Policy This section includes principles, standards and responsibilities of employees, volunteers and athletes when posting on their own accounts, and commenting on other sites and using social media. This policy is not intended to interfere with the private lives of our employees and volunteers, or impinge on the right to freedom of speech. This policy is designed to safeguard the organization’s integrity, image and branding. 1. The principles and guidelines that apply to any/all organization activities in general, as found in the Code
68 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
of Conduct, apply to all online activities. 2. Actions inside and outside the organization can affect your relationship with the organization if such behaviours may affect the reputation of fellow staff or volunteers, athletes, members, participants, and partners. 3. Any staff that violates this policy may be disciplined under the club’s disciplinary process up to and including dismissal. Athletes and volunteers violating portions of this policy could be asked to suspend relationship with Ontario Sailing.
• Confidentiality of member and participant information must be maintained. Consequences of breaches in confidentiality may be far reaching and in most cases not anticipated at the time of occurrence. Any of these situations could jeopardize an individual’s or organization’s experience, effective job performance, and place the organization and staff member in contravention of legislation and legal risk.
• Anyone who chooses to represent themselves as affiliated with Ontario Sailing in their personal account must consider how they are representing themselves and the organization; consistency of posted content with organization mission and values and how the organization will thus be perceived.
• Where your connection to Ontario Sailing is apparent or presumed, make it clear that you are speaking for yourself and not on behalf of the club. In these circumstances, you should include the following disclaimer: “The views expressed on this [blog; website etc...] are my own and do not reflect the views of my employer.” Please note this disclaimer does not itself exempt anyone from being responsible for the content of their social media accounts.
• Everyone should be cognizant of standards of member and participant privacy and confidentiality. Privacy and confidentiality must be maintained in all environments, including online, and must at all times refrain from posting identifiable member or participant information of any kind online.
Ontario Sailing Social Media Communications Organization representation, including specific programs or teams, via online social media platforms can only be initiated and authorized by the Executive Director. Any accounts existing without prior authorization as required above will be subject to review and may be amended or removed. The Executive Director will identify specific employees/volunteers who will be given access to communicate via official Ontario Sailing social media accounts. Appropriate training sessions will take place with those granted access to communicate on behalf of the organization. In the event of an emerging crisis or potentially harmful information (whether through social media or traditional media), all communication will originate only from Ontario Sailing designated spokespeople. Procedures To protect staff, volunteers, athletes, members and participants, the following procedures are in effect regarding participation by employees on social media networks
• The expectation is that each person conducts themselves professionally both on and off duty. Before publishing any material online, remember that what you post online is legally considered public material, as such each individual is personally responsible for his/her publications;
• Do not publish materials that are insulting, discriminatory, demeaning or offensive to Ontario Sailing, staff, volunteers, members, participants, athletes, community partners or the sport in general and/or that damage the organization’s reputation in any way.
69 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
• Ontario Sailing recognizes that you may engage in social media networks with individuals that are volunteers, members and participants. Engaging with these individuals is accepted however staff and volunteers in a role of authority over vulnerable individuals may NOT connect with ANYONE under 16 on any social media site. This includes staff, volunteers, athletes and members.
• Do not reveal confidential information related to the club, club staff, volunteers, members or participants or any community partners.
• Do not disclose the names or personal information of your co-workers, managers or supervisors, or discuss incidents that have occurred in the organization and that are not generally known outside of Ontario Sailing.
Reviewed and Approved by Ontario Sailing Board of Directors
March 12, 2018
70 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
ONTARIO SAILING VOLUNTEER AND STAFF CONFIDENTIALITY AGREEMENT
I, the undersigned, understand that, from time to time in the performance of my role as a volunteer or staff with Ontario Sailing I may become aware of or have access to confidential information. Such confidential information may consist of financial or partner related information (including athlete based), which may include awareness of sponsor information, financial information, medical information, personal situations and other information relating to the operations of Ontario Sailing. In any event, I understand that certain disclosures of such confidential information to another would be a detriment to the respective interests of Ontario Sailing, and the other party. I therefore agree that I will not disclose or allow or tolerate the disclosure of any confidential information to another except for the express purpose of and as necessary in the performance of my responsibilities and duties. I also agree to support the privacy policy of ROWONTARIO in all my actions with information available to me. Where the awareness of confidential information may require acting upon I will relay such information to the Executive Director or Board Chair in confidence. I also agree that I will not carelessly, recklessly or willfully handle, manage or otherwise compromise the confidentiality of any confidential information. I further understand that any act or failure to act contrary to the foregoing will subject me to a review by the Board Executive, and may result in restriction from further participation with Ontario Sailing. Dated this _____ day of ________, ___________. _____________________________ ______________________________ Name Witness’ Name _____________________________ ______________________________ Signature Witness’ Signature
New version approved by the Board of Directors March 12th 2018
71 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
STATEMENT OF INVESTMENT POLICY FOR
ONTARIO SAILING ASSOCIATION ENDOWMENT F U N D S
Table of Contents
Section 1 - Endowment Funds
Section 2 - Objective of the Statement of Investment Policy
Section 3 - Objectives of the Fund
Section 4 - Administration of the Fund
Section 5 - Investment of Assets
5.1 - Categories of Investments
5.2 - Diversification of Investments
5.3 - Asset Mix and Rate of Return
Expectations Investment Objectives of
the Fund Benchmark Portfolio Fund Performance Objectives
Investment Manger Performance Objectives
Section 6 - Other Policies
Appendix "A": Administration of the fund
Appendix "B": Categories of Investments
Appendix "C": Diversification of Investments
Appendix "D": Other Policies
72 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Section 1 - Endowment Funds
Endowment Funds (the "Funds") are established from time to time by the Ontario Sailing
Association ("Ontario Sailing") to drive activity in specific areas of the sport and/or to remember
"friends of the sailing community"; they will generally have specific and limited purposes aimed
in some way at advancing boating.
Section 2 - Objective of the Statement of Investment Policy
The purpose of this Statement of Investment Policy (the "Policy") is to provide a series of
investment principles and guidelines, which are appropriate to the needs and objectives of the
Funds, and to define the responsibilities and procedures adopted for the ongoing operation of
the Funds.
Terms and expressions used herein shall have the following meanings:
"Fund" means a portfolio of assets established to provide for the eventual payment of
distributions to support activities approved by the Board of Directors, in consultation
with the Executive Director of Ontario Sailing in accordance with the provisions of
the specific endowment funds.
"Committee" means the Finance Committee of Ontario Sailing whose responsibility
is to oversee the management of the Funds in accordance with the Policy including
provision of direction to the Investment Manager and to the Executive Director as
appropriate.
"Investment Manager" means an organization registered as a securities advisor
and portfolio manager under applicable legislation.
Section 3 - Objectives of the Funds
The Funds were established to generate funds through donation and growth to support activities
approved by the Board of Directors of Ontario Sailing (the "Board"), in consultation with the
Executive Director of Ontario Sailing in accordance with the provisions of the specific
endowment funds.
Section 4 - Administration of the Funds
The Funds are administered by the Committee. The Committee has allocated its responsibilities
related to management of the Funds as set forth in Appendix "A".
73 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Po
Section 5 - Investment of Assets
5.1 - Categories of Investments
Categories of investments permitted by the Policy are set forth in Appendix "B".
5.2 - Diversification of Investments
Diversification of investments required by the Policy are set forth in Appendix "C".
5.3 -Asset Mix and Rate of Return Expectations
Investment Objectives of the Fund To ensure the preservation of capital of the Funds on a long-term basis, with the emphasis on
preservation of capital in real terms (adjusted for inflation); and, to achieve an annual rate of
return which exceeds the annual rate of increase in the Consumer Price Index (C.P.I.) by at
least 2 . 5 % over the long term (e.g. 10 years).
Benchmark Portfolio
The Benchmark Portfolio defines the Policy Asset Mix and Benchmark Market Indices that
should permit the achievement of the investment objectives of the Funds with an acceptable
degree of risk. It provides a benchmark for the evaluation of the total return of the Funds and
also the impact of active management. The Benchmark Portfolio's Policy Asset Mix, Variance
Ranges (Policy Asset Mix + or - 10%), and Benchmark Market Indices are shown in Table 1:
Table 1. Benchmark Portfolio
+ Total Return Indices
Section 6 - Other Policies
Other governance and operational issues of the funds are set forth in Appendix "D".
Asset Cass Maximu Benchmark Market Index* Minimum licy Asset
--· Short Term 0% 10% Scotia Capital 91 Day T-Bill 0%
Bonds 30% 40% 50% Scotia Capital Universe Bond
Canadian 10% 20% 30% S&P/TSX Composite Index
Global Equity 30% 40% 50% MSCI World Index (in Can.$)
74 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Appendix “A"
Administration of the Funds
The Committee i s responsible for:
1. The Committee, or the Ontario Sailing Treasurer, should a Committee not be in
place, shall establish and recommend the Policy to the Board of Directors for review
and a p p r o v a l and, ensure that the Policy is at all times in accordance with
applicable l e g i s l a t i o n and the objectives set out in Section 3.
2. Reviewing annually, monitoring and confirming or amending the Policy, including a
review of the return expectations, risk tolerance, time horizon and long-term benchmark
portfolio, taking into account, where applicable, the following:
i) General economic conditions;
ii) The possible effect of inflation or deflation;
iii) The expected tax consequences of investment decisions or strategies;
iv) The role that each investment or course of action plays within the overall trust
portfolio;
v) The expected total return from income and the appreciation of capital;
vi) Needs for liquidity, regularity of income and preservation or appreciation of
capital;
vii) An asset's special relationship or special value, if any, to the purposes of the
trust o r to one or more of the beneficiaries.
3. Reviewing and evaluating at least annually the Fund's performance relative to the
investment objectives and recognized published market measures, and compliance
with this Policy.
4. Presenting any recommended changes to the Board for review and approval.
5. Selecting the Investment Manager based on a process which is deemed appropriate by
the Committee and communicated to the Board, and recommending the selected
Investment Manager to the Board for approval.
6. Delegating such responsibilities that it may legally so do, at any time and from time to
time.
7. Reviewing administrative expenses of the Funds, including investment management
fees. The I investment Manager is responsible for:
1. Arranging appropriate custodianship of Funds assets.
2. Managing the investments of the funds in accordance with the terms of this Policy.
3. Providing such professional assistance to the Committee or its Agents as it
deems n e c e s s a r y from time to time.
4. Providing a documented summary of Funds performance at least quarterly and meeting
with the Committee or its agent, in person, at least annually to review the performance
of the Fund as well as the proposed strategies and expectations for the coming period.
5. Providing the Committee with any information relevant to the fund's ability to achieve
the objectives approved and adopted by the Committee as set out in this Policy.
75 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Appendix "B"
Categories of Investments
Cash & Equivalents:
Cash on hand, demand deposits, treasury bills issued by federal or provincial governments
including their agencies, obligations of Canadian chartered banks (including bankers'
acceptances), obligations of major Canadian trust companies, commercial paper, term
deposits, guaranteed investment certificates and pooled funds.
Fixed Income:
Bonds (including coupons and residuals}, debentures, notes, real return bonds, mortgage
backed securities, index-linked mortgages, asset-backed securities, preferred shares, pooled
funds.
Equity:
Common shares, rights, warrants, securities convertible into common shares, income trusts,
real estate and other investment trusts, pooled funds, and/or participation rights.
Derivatives:
Trading in derivatives shall not be permitted.
Any investment not specifically permitted by this Policy shall be prohibited.
76 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Appendix "C
Diversification of Investments
Fund Management Structure
The Committee believes that active management should add returns and believes the potential
for supplementary returns justifies a controlled increase in investment risk, within the limits set
forth in this Policy.
Constraints
The Investment Manager shall provide an investment policy statement applicable to any pooled
fund in which the Fund participates. If deemed appropriate by the Committee, the total Fund
can be invested up to 100% in a pooled fund provided that the investment policy of the Pooled
Fund is aligned with this Policy.
Cash & Equivalent nets and Fixed Income:
1. Not more than 10% of the market value of the bond portfolio shall be invested in the
fixed income securities of any one entity, except for securities guaranteed by a
federal, provincial or municipal government or their agencies as follows:
• 100% in Federal government guaranteed bonds;
• 100% in bonds issued by Canadian provinces or their agencies, provided that
not more than 40% of the bond portfolio is invested in the securities of any single provincial issuer:
• 20% in bonds issued by a Canadian municipality or its agency, unless
unconditionally guaranteed by a province in which case the provincial limit shall
apply;
2. When investing in bonds the value and term will be considered in the context of
the overall bond portfolio in order to balance financial reward with financial
flexibility
3. The minimum ratings of short-term corporate obligations are R1 (low) based on DBRS which is the reference rating classification used within this Policy or equivalent market
rating (see Appendix E - DBRS bond Ratings Reference)
4. Investments in Canadian bonds and debentures shall have a minimum quality rating of
BBB (low) and the total of all corporate holdings of the bond portfolio rated lower than A
(low) shall not be more than 10% of the market value of the bond portfolio.
5. If the credit rating for any fixed income or cash equivalent holding drops below the R1
(low) or BBB (low) minimum required in this Policy, the Investment Manager must
notify the Committee or its Agents immediately and recommend a specific course of
action.
77 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Canadian Equity {including small/mid. cap. equity):
1. Portfolio holdings in any one industry sector, as broadly defined by the TSX Composite
Index (the TSX), will not exceed the greater of 200% of the sector's TSX weight or 10%
of the market value of the Canadian equity portfolio. Banks and "other financial
services" companies will be treated as separate sectors.
2. No equity investment shall represent more than the lesser of 10% of the market value
of the Canadian equity holdings or two times its TSX Index weight.
3. A minimum of 20 securities must be held at all times.
4. Investment in Canadian small/mid. cap. equity shall be through the use of a pooled
fund. Global Equity:
1. Hedging against U.S./Canadian $ currency fluctuations is not permitted.
2. No single U.S. equity investment shall represent more than 10%, directly or indirectly, of
the market value of the U.S. equity portfolio. This limit does not apply to pooled or
mutual funds.
3. Securities held must be actively traded on a recognized North American exchange
4. Holdings in other global exchanges must be through a pooled
fund Foreign Exchange:
All liabilities of the fund are denominated in Canadian dollars. It is therefore desirable that
foreign currency risk of the Fund be limited to that which is considered acceptable in relation to
investment in foreign issues purchased for long-term growth potential. Investment in foreign
currency denominated Canadian securities purchased for other reasons, including speculation
or hedging, shall be limited to a maximum of 10% of the market value of the fund assets
managed by the Investment Manager. No augmentation of this provision shall be made except
with the w r i t t e n approval of the Committee, which approval may be granted, from time to
time, if r e q u e s t e d by the Investment Manager.
78 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Appendix "D"
Other Policies
Vote in Rights:
Investment Manager is and, until notified by the Committee, will be principally responsible for
the voting of all proxies related to stock which are held on behalf of the Fund. In this regard, the
Committee considers that fulfillment of this responsibility requires that each proxy proposal be
reviewed carefully and thoughtfully on its individual merits, in order that the Investment
Manager votes on the basis of an informed judgment and solely in the interest of the Fund's
participants and beneficiaries.
Voting constraints as reflected herein shall not apply in respect of investments held in the form
of master trust or pooled fund units.
Conflict of Interest Policy:
It is in the best interests of the Plan that those persons that perform fiduciary duties in
connection with the administration and investment of the Plan provide unbiased and objective
advice and are in a position to fulfill their fiduciary responsibilities to act in the best interests of
the Plan.
Accordingly, the following conflict of interest guideline is to be followed by those individuals
who exercise discretion in connection with the administration and investment of the Plan or
provide advice to any persons who exercise such discretion.
The circumstances in which a conflict of interest may arise cannot be exhaustively defined but
may include the following:
• Circumstances where personal interest is in conflict with a person's duties and
responsibilities e.g. selection of an external investment manager in circumstances
where the individual making or recommending the selection (or a family member of
such i n d i v i d u a l ) has an interest in the investment manager; this may include
being employed b y the investment manager or being a shareholder or being an
owner or partner of the i n v e s t m e n t manager.
• Misuse of confidential information.
• Attempting to obtain a personal benefit from a person or situation.
• Allowing personal relationships to influence decisions.
Situations which create an appearance of conflict of interest are also detrimental and should
be avoided. Refer to Ontario Sailing Conflict of Interest Policy for further guidance on Conflict
of Interest and appropriate actions to be taken.
Lend ng of Assets:
Securities lending shall not be permitted.
79 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Appendix "E"
DBRS Bond Ratings Reference
Commercial Paper and Short-Term Debt
The DBRS® short-term debt rating scale provides an opinion on the risk that an issuer will not meet its short-term financial obligations in a timely manner. Ratings are based on
quantitative and q u a l i t a t i v e considerations relevant to the issuer and the relative
ranking of claims. The R-1 and R-2 ra t ing categories are further denoted by the
subcategories "(high)", "(middle)", and "(low)".
R-1 (high) - Highest credit quality. The capacity for the payment of short-term financial
obligations as they fall due is exceptionally high. Unlikely to be adversely affected by future
events.
R-1 (middle) - Superior credit quality. The capacity for the payment of short-term financial
obligations a s they fall due is very high. Differs from R-1 (high) by a relatively modest degree.
Unlikely to be s i g n i f i can t l y vulnerable to future events.
R-11 (low) - Good credit quality. The capacity for the payment of short-term financial
obligations as they fall due is substantial. Overall strength is not as favourable as higher rating
categories. May be vulnerable to future events, but qualifying negative factors are considered
manageable.
R-2 2 (high) - Upper end of adequate credit quality. The capacity for the payment of short
term financial obligations as they fall due is acceptable. May be vulnerable to future events.
R-2 (middle) - Adequate credit quality. The capacity for the payment of short-term financial
obligations as they fall due is acceptable. May be vulnerable to future events or may be
exposed to other factors that c o u l d reduce credit quality.
R-2 2 (low) - Lower end of adequate credit quality. The capacity for the payment of short-term
financial o b l i g a t i o n s as they fall due is acceptable. May be vulnerable to future events. A
number of challenges are p resen t that could affect the issuer's ability to meet such obligations.
R-3 3 - Lowest end of adequate credit quality. There is a capacity for the payment of short
term f inanc ia l obligations as they fall due. May be vulnerable to future events and the certainty of meeting such obligations could be impacted by a variety of developments.
R-4 4 - Speculative credit quality. The capacity for the payment of short-term financial obligations as they fall due is uncertain.
R-5 5 - Highly speculative credit quality. There is a high level of uncertainty as to the capacity to m e e t short-term financial obligations as they fall due.
D - A financial obligation has not been met or it is clear that a financial obligation will not be
met in the near future, or a debt instrument has been subject to a distressed exchange. A
downgrade to D may
not immediately follow an insolvency or restructuring filing as grace periods, other procedural
considerations, or extenuating circumstance may exist.
80 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Long-Term Obligations
The DBRS® long-term rating scale provides an opinion on the risk of default. That is, the risk
that an i ssuer will fail to satisfy its financial obligations in accordance with the terms under
which an obligation h a s been issued. Ratings are based on quantitative and qualitative
considerations relevant to the issuer, and the relative ranking of claims. All rating categories
other than AAA and D also contain subcategories “ (high)" and "(low)". The absence of either a
"(high)" or "(low)" designation indicates the rating is in the middle of the category.
AAA - Highest credit quality. The capacity for the payment of financial obligations is
exceptionally high and unlikely to be adversely affected by future events.
AA - Superior credit quality. The capacity for the payment of financial obligations is considered
high. Credit quality differs from AAA only to a small degree. Unlikely to be significantly
vulnerable to future events .
A - Good credit quality. The capacity for the payment of financial obligations is substantial, but of
lesser credit quality than AA. May be vulnerable to future events, but qualifying negative factors
are considered m a n a g e a b l e .
BBB - Adequate credit quality. The capacity for the payment of financial obligations is
considered accep tab le . May be vulnerable to future events.
BB - Speculative, non-investment-grade credit quality. The capacity for the payment of
financial ob l i ga t i ons is uncertain. Vulnerable to future events.
B - Highly speculative credit quality. There is a high level of uncertainty as to the capacity to
meet financial obligations.
CCC I CC I C - Very highly speculative credit quality. In danger of defaulting on financial
obligations. There is little difference between these three categories, although CC and C
ratings are normally applied to obligations that are seen as highly likely to default, or
subordinated to obligations rated in the CCC to B range. Obligations in respect of which
default has not technically taken place but is considered i n e v i ta b l e may be rated in the C
category.
D - A financial obligation has not been met or it is clear that a financial obligation will not be
met in the near future or a debt instrument has been subject to a distressed exchange. A
downgrade to D may not immediately follow an insolvency or restructuring filing as grace
periods or extenuating circumstances may exist.
81 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
Employee and Volunteer Screening Policy
Disclaimer This document does not offer legal advice. Readers should consult with a lawyer regarding their specific legal questions or concerns. We apologize for any errors that may remain. Readers must be aware, however, that legislation, social policy, and specific procedures and practices of organizations, including police and insurance agencies, are continually changing. While examples of screening practices are referenced throughout this document, Ontario Sailing is not in a position to determine whether member, clubs, schools and organizations or individuals have fulfilled their legal duties or satisfied the applicable standard of care in every circumstance. Individuals and organizations should seek legal counsel or consult human resource experts and their insurance provider in planning their specific volunteer screening policies and procedures. Ontario Sailing encourages Clubs, Schools, Camps and member organizations to review the 2012 Screening
Handbook published by Volunteer Canada. The document is located at http://volunteer.ca/content/2012-
screening-handbook
The Duty of Care The duty of care is the fundamental principle and premise underlying the question of screening. Duty of care is a legal principle which identifies the obligations of individuals and organizations to take reasonable measure to care for and to protect their clients to an appropriate level or standard. If the clients are vulnerable, if they cannot protect, defend, or assert themselves, permanently or temporarily, because of age, disability, or circumstances, then that duty becomes more intense and the standard higher. Duty of care captures equally well the ethical and moral obligations of organizations. One way the organization can fulfill its legal, ethical, and moral duty of care towards clients is through careful screening of the people who provide services. Standard of Care The standard of care refers to the degree or level of service, attention, care, and protection that one owes another according to the law, usually the law of negligence. The required standard varies according to the circumstances of each situation. The reasonable or prudent person standard The standard of care expected in individual circumstances is that of the reasonable or prudent person. To determine what standard of care should be in a particular situation, the following questions would be asked: • What are the risks involved in a situation, given the nature of the activity, the participants, the setting, the availability of support or assistance, and the other relevant factors? • What would a reasonable person of average judgment, skill, and experience, be expected to do or not do – under these circumstances? • What consequences of an action – or lack of action – would a reasonable person of average judgment skills, memory, and experience be expected to foresee? (Page 1.5 The Screening Handbook, 1996, Lorraine Street)
While the Club, school or Camp needs to review their own hiring, screening, risk management
and other pertinent policies the following checklist can be used as a guideline in creating a policy
for your own organization.
Policies and Procedures:
82 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
1. Perform a yearly insurance review of all activities with your Insurance Broker and review
products available thru your Broker for such things as harassment coverage, on and off the
water liability coverage to name just a few
2. Review your board approved policies for the following:
3. Risk Management Policy
4. Codes of Conduct for Staff, Coaches, Parents, Athletes
5. Harassment Policy
6. Dispute Resolution Policy
7. Appeal Policy
8. Hiring Checklist for staff, coaches/instructors, volunteers
9. Travel Policy and Chaperone Procedures in place
10. Policy for Vulnerable persons to report any incidence and not to the person potentially
involved in the incident.
For hiring of coaches and instructors consider the following:
1. Current Resume with references
2. Hiring committee make up (more than one person is suggested)
3. Reference check of the individual or individuals being considered
4. Police Record Check and Vulnerable Sector Check
5. Job description current
6. Employee Handbook signed off by employee
7. Health and Safety handbook signed off by employee
8. Review that individual is current and up to date on qualifications and registered for the
year (example a Sailing Coach is current with Sail Canada and their qualifications match
their role)
9. Prudent supervision takes place of staff and of participants, employees know and
understand any risks associated with working with vulnerable persons.
10. An Emergency Action Plan is in effect for the activity
11. A waiver and consent form is on file
12. Contact information for coaches, volunteers and participants is in a safe place and
accessible if needed.
Ten Steps of Screening
1. Assessment
2. Position – Assignment
3. Recruitment
4. Application
5. Interview
6. References
7. Police Checks
8. Orientation and Training
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9. Support and Supervision
10. Follow-up and Feedback
Training
Clubs, schools, camps and members are encouraged to participate in best practices training.
Ontario Sailing and Sail Canada has the following seminars and training that is available to our
membership:
1. FUNdamental Classroom Course for Coaches, Instructors and anyone else that is
interested in taking this active training course.
2. Coach, Instructor Training for Learn to Sail/Windsurf/Cruise/Power including classroom
and technical clinics.
3. Program Managers Best Practices program for volunteer Sailing School Directors and
Head Instructors on running a sailing school
4. Judge, Race Official and Mark Setting National Certification
5. Best practices course in Regatta Safety, Boat Safety
6. Yearly workshops for Club officials and coaches
7. Register in the Club Assett Tool under the Shells and Sails program run by Row Ontario
And Ontario Sailing www.shellsandsails.ca
Record Keeping
Utilize protected safe guards in recording keeping for personal files, training and certification.
The CANSail online program tracks and keeps records of student information and certifications
obtained yearly.
84 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
ONTARIO SAILING
Discipline Policy It is the policy of Ontario Sailing to provide a sporting environment where the dignity of the individual is respected and free from harassment and the fear of harassment including sexual harassment and any form of physical, verbal or written abuse or any form of. 1. Ontario Sailing recognizes that: a) Every athlete and member is entitled to a climate free of harassment including sexual harassment and any form of verbal or physical abuse including in written form and; b) Harassment or fear of harassment, including sexual harassment, can compromise the integrity of the sporting relationships and endanger personal well-being and performance 2. Harassment is defined as a course of action, vexatious comment or conduct that is known or ought to reasonably be known to be unwelcome. 3. A person who has the authority to prevent or discourage harassment or abuse of any kind may be considered responsible for failing to exercise his/her authority to do so, and consequently be subject to such disciplinary actions as may be deemed appropriate by Ontario Sailing. 4. Ontario Sailing will make every effort to ensure that no athlete or member is subjected to harassment including sexual harassment or abuse of any form. 5. Ontario Sailing will take such disciplinary action as it deems appropriate against any person under its direction who subjects any athlete or member to sexual harassment, harassment and any form of verbal or physical abuse. Application This policy applies to all individuals such as volunteers, coaches, athletes, officials, judges and members of Ontario Sailing. It applies to harassment which may occur during the course of all Ontario Sailing business, activities and events. For staff and coaches please refer to the Harassment Policy that applies to them directly and is posted on the website. Definition Harassment means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome or workplace sexual harassment.
Sexual harassment means:
1. engaging in a course of vexatious comment or conduct against a worker in a workplace
because of sex, sexual orientation, gender identity or gender expression, where the course
of comment or conduct is known or ought reasonably to be known to be unwelcome, or
2. making a sexual solicitation or advance where the person making the solicitation or
advance is in a position to confer, grant or deny a benefit or advancement to the worker
and the person knows or ought reasonably to know that the solicitation or advance is
unwelcome; Types of behaviour which constitute sexual harassment includes, but are not limited to:
85 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
a) unwelcome remarks, jokes, innuendoes or taunting of a sexual nature about a person's body, attire, age, marital status, and/or which cause awkwardness or embarrassment, endanger a person's safety or negatively affect performance; b) unwelcome or intimidating invitations or requests with sexual overtones whether indirect or explicit; c) leering or other gestures; d) unwelcome physical contact such as touching, patting, or pinching; e) unwelcome display of objects or pictures of a sexual nature, and/or offensive or ought to be known to be offensive; f) sexual advances, request for sexual favours, or other verbal or physical conduct of a sexual nature; g) written or verbal abuse or threats thereof; h) physical or sexual assault; i) submission to such conduct is made explicitly or implicitly a term or condition of being named to a team; j) submission to or rejection of such conduct is used as the basis for decisions affecting movement within the organization/team and/or; k) such conduct has the purpose or effect of humiliating an individual or substantially interfering with the sporting performance or in creating an intimidating, hostile or offensive environment. Confidentiality 1. Ontario Sailing recognizes that it can be extremely difficult to come forward with a complaint of harassment and that it can also be devastating to be wrongly accused of harassment. Ontario Sailing recognizes the interests of both the complainant and the respondent in keeping the matter confidential; 2. Ontario Sailing will not disclose the name of the harassed person or the circumstance related to the situation to any person except where disclosure is necessary for the purpose of investigating the harassment and /or taking disciplinary action. Roles and responsibilities 1. Principle: The ultimate responsibility for dealing with a harassment case rests with the Board of Directors. Since any sexual harassment situation would constitute a highly sensitive subject matter, athletes or members have the choice of seeking counsel from their coach, the Executive Director, or the President. 2. Ontario Sailing Staff and Volunteers will do all of the following: a) ensure the Ontario Sailing Harassment Policy is communicated with individuals associated with the organization b) provide clarification of what constitutes sexual harassment behaviour; c) inform any person under its direction of procedures for handling harassment complaints; d) initiate action without waiting for an individual complaint when harassment behaviour is known to be taking place. To do otherwise will constitute misconduct on the part of the supervisor. e) upon receipt of a formal harassment complaint will inform the President, Executive Director (the President of Ontario Sailing if the matter involves the Executive Director)
The Executive Director will inform the alleged harasser, supervisor, complainant and the President, in writing as to what action or investigation is to take place; inform the complainant, the alleged harasser and the President of the outcome of any action or investigation, in writing.
Complaint Procedure
86 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
1. A person who experiences harassment or any type of abuse is encouraged to make it known to the harasser that the behaviour is unwelcome, offensive, and contrary to this policy. 2. If confronting the harasser or abuser is not possible, or if after confronting the harasser the harassment continues, the complainant should request a meeting with the next high authority or official. 3. Once contacted by a complainant the role of the official is to serve in a neutral unbiased capacity in receiving complaints and assisting their informal resolution. If the official considers that he or she is unable to act in this capacity, the complainant shall be referred to another official. 4. There are three possible outcomes to this meeting of complainant and official:
• It may be determined that the conduct does not constitute harassment or abuse as defined in this policy, in which case the matter will be closed;
• The complainant may decide to pursue an informal resolution of the complaint, in which case the official will assist the two parties to negotiate an acceptable resolution of the complaint; or
• The complainant may decide to lay a formal written complaint. The written complaint must be submitted with the original signature of the complainant. All documented complaints will be treated as highly confidential to protect all parties involved. The official shall receive the written complaint, provide a copy to the respondent, who shall be given an opportunity to respond in writing. 5. Once the respondent's statement is received, the official shall provide copies of both written statements to the President of Ontario Sailing (or to another Executive Officer if the President is involved in the complaint). Within 7 days of receiving the written statements, the President shall appoint three members of Ontario Sailing to serve as a Panel. This Panel shall consist of at least one woman and at least one man, and shall include one individual who is knowledgeable and familiar with harassment issues.
Hearing 1. As soon as possible but in any event within 14 days of being appointed, the Panel shall convene a hearing. The hearing shall be governed by such procedures as the Panel may decide, provided that:
• The complainant and respondent shall be given 10 days written notice of the day, time and place of the hearing;
• Members of the Panel shall select from among themselves a Chairperson;
• A quorum shall be all three Panel members;
• Decisions shall be by majority vote. If a majority vote decision is not possible, the vote of the Chairperson shall be the decision of the Panel;
• Both parties shall be present at the hearing to give evidence and to answer questions of the other party and of the Panel. If the complainant does not appear, the matter shall be dismissed. If the respondent does not appear, the hearing shall proceed.
• The complainant and respondent may be accompanied by a representative or adviser. Should the complainant and/or respondent choose to have legal counsel, they shall be responsible for any costs incurred. 2. As soon as possible but in any event within 14 days of the hearing, the Panel shall present its findings in a report to the President (or Executive Officer who appointed the Panel) with a copy provided to both the complainant and respondent. This report shall contain:
• A summary of the relevant facts;
• A determination as to whether the acts complained of constitute harassment as defined in this policy;
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• If the acts constitute harassment; recommend disciplinary action against the respondent and recommend measures to remedy or mitigate the harm or loss suffered by the complainant. 3. If the Panel determines that the allegations of harassment are false, vexatious, retaliatory or frivolous, their report could recommend disciplinary action against the complainant. Discipline In any situation where discipline for an individual or group associated with Ontario Sailing is deemed necessary, officials will ensure it is appropriate to the situation. When recommending appropriate disciplinary action, the Panel shall consider factors such as:
• The nature and severity of the harassment
• Whether the harassment involved any physical contact
• Whether the harassment was an isolated incident or part of an ongoing pattern
• The nature of the relationship between the complainant and harasser
• The age of the complainant
• Whether the harasser had been involved in previous harassment incidents
• Whether the harasser admitted responsibility and expressed a willingness to change
• Whether the harasser retaliated against the complainant In recommending disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the harassment:
• Verbal apology
• Written apology
• Letter of reprimand from the organization
• A fine or levy
• Referral to counselling
• Removal of certain privileges of membership or employment
• Demotion or a pay cut
• Expulsion from membership
• Any measure stated in the Code of Conduct. Appeal Procedures 1. Both the complainant and respondent shall have the right to appeal the decision and recommendations of the Panel. A notice of intention to appeal, along with grounds for the appeal, must be provided within 14 days of the complainant or respondent receiving the Panel's report. It must be sent to the person identified in the internal dispute resolution process as defined below. 2. Permissible grounds for an appeal are:
88 Apporved September 20th 2016 by the Ontario Sailing Board of Directors
a) the Panel did not follow the procedures laid out in this policy; b) members of the Panel were influenced by bias; or c) the Panel reached a decision which was grossly unfair or unreasonable. 3. Internal Dispute Resolution Process a) When appealing a decision, the complainant or respondent also has an obligation to recognize the structure, responsibilities and authorities of the different committees within Ontario Sailing. As well, Ontario Sailing committees must understand that their actions may be reviewed and changed by a higher authority. b) Settlement of these disputes should be reached through an appeal procedure that conforms to the principles of fairness, justice and due process. c) The appeal must be provided to the next high authority. The head of that authority shall either convene a meeting of his or her committee or a subcommittee of three or more members. The person whose decision is being appealed shall not be a member of the reviewing panel. It is expected that an appeal should be decided within thirty days of receiving the written basis of the appeal. d) The general process is as follows:
An appeal of an action by a member(s) of:
Appeal must be sent to Appeal will be reviewed by
a specific committee Ontario Sailing President Ontario Sailing Executive Committee
Ontario Sailing Executive Committee
Ontario Sailing President Ontario Sailing of Directors
e) The Ontario Sailing Board of Directors is the final authority of the Ontario Sailing. The decision of the appeal body shall be final.