Ratified -XXXXXX
This policy was produced by the Laws
Committee convenor
POLICIES AND DEFINITIONS
This Policy sets out the principles and practices of the Timmins Minor Hockey Association (TMHA) with regard to abusive behaviour towards participants. Each Club or Team within Timmins Minor Hockey Association is to comply with these policies.
RELATIONSHIP TO HARASSMENT POLICY
Some behaviours which are defined as abuse when directed towards a child or youth may constitute harassment when directed towards a peer or when perpetrated between adults. The Timmins Minor Hockey Association’s Harassment Policy covers such behaviours. Together, the two policies address the entire spectrum of abusive and harassing behaviours.
The mission of the Timmins Minor Hockey Association is to ensure its participants are provided meaningful opportunities and enjoyable experiences in a safe, sportsman-like environment. This includes, among other things, a shared responsibility with parents to nurture the physical and emotional well being of all participants. The Timmins Minor Hockey Association’s primary interest is the well being of its participants.
STATEMENT OF PURPOSE
The Timmins Minor Hockey Association is part of the sporting community in our country that is committed to seeking better ways to keep our youth safe. Protecting participants from all forms of abuse and neglect, whether emotional, physical or sexual, is an important element of safety. The TMHA considers any form of abuse or neglect to be unacceptable and will do all it can to prevent this intolerable social problem. To this end, the TMHA will promote awareness of all forms of abuse and neglect by providing educational materials and programs for participants, parents, volunteers and staff members. Through the use of these strategies, we will send a clear message to all potential abuser and sexual predators that hockey participants are not easy targets. The TMHA is committed to the highest possible standards of care for its participants.
POLICY
It is the policy of the TMHA that there shall be no abuse and neglect, whether physical, emotional or sexual of any participant in any of its programs. The TMHA expects every parent, volunteer and staff member to take all reasonable steps to safeguard the welfare of its participants and protect them from any form of maltreatment.
DEFINITIONS
Child abuse is any form of
physical, emotional and/or sexual mistreatment or lack of care, which causes
physical injury or emotional damage to a child. A common characteristic of all
forms of abuse against children and youth is an abuse of power or authority
and/or breach of trust. Across
EMOTIONAL ABUSE
Emotional abuse is a chronic attack on a child’s self-esteem,: it is psychologically destructive behaviour by a person in a position of power, authority or trust. It can take the form of name-calling, threatening, ridiculing, berating, intimidating, isolating, hazing or ignoring the child’s needs.
PHYSICAL ABUSE
Physical abuse is when a person in a position of power or trust purposefully injures or threatens to injure a child or youth. This may take the form of slapping, hitting, shaking, kicking, pulling hair or ears, throwing, shoving, grabbing, hazing or excessive exercise as a form of punishment.
NEGLECT
Neglect is chronic inattention to the basic necessities of life such as clothing, shelter, nutritious diets, education, good hygiene, medical and dental care, adequate rest, safe environment, moral guidance and discipline, exercise and fresh air. This may occur in hockey when injuries are not adequately treated or players are made to play with injuries, equipment is inadequate or unsafe, no-one intervenes when team members are persistently harassing another player, or road trips are not properly supervised.
SEXUAL ABUSE
Sexual abuse is when a young person is used by an older child, adolescent or adult for his or her own sexual stimulation or gratification. There are two categories.
Contact Non-Contact
-touched or fondled in sexual areas -obscene remarks on phone/computer
-forced to touch another person’s or in notes
sexual areas -voyeurism
-kissed or held in a sexual manner -shown pornography
-forced to perform oral sex -forced to watch sexual acts
-vaginal or anal intercourse -sexually intrusive questions and
-vaginal or anal penetration with an comments
object or finger -forced to pose for sexual photographs
-sexually oriented hazing or videos -forced to self-masturbate or forced to watch others masturbate
HARASSMENT AND ABUSE - DIFFERENCES AND SIMILARITIES
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ABUSE |
HARASSMENT
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TYPES |
Emotional, physical, sexual, lack of care |
Emotional, physical, sexual; may be motivated by racial or other forms of prejudice
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VICTIM |
Any person under age of majority as determined by Provincial and Territorial Child Protection Acts; may be male or female |
Person of any age; may be male or female
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OFFENDER |
Any person who has power or authority over victim and/or breeches trust; may be male or female |
May be peer or person with power or authority over adult victim; may be male or female
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Investigation |
External to organization; referred to child welfare or police |
Most often internal unless referred to police in cases of suspected physical or sexual assault or criminal harassment (stalking)
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FOLLOW-UP ACTIONS |
Determined by Provincial and Territorial Child Protection Acts and Criminal Code; civil suits may also occur |
Determined by organization’s harassment policies; Criminal Code, labour tribunals, civil action and/or Provincial Human Rights Tribunals; may be used concurrently or alone
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Philosophy |
The victim is not to blame; offenders are responsible for their behaviour |
The victim is not to blame; offenders are responsible for their behaviour |
DUTY TO REPORT
Abuse and neglect are community
problems requiring urgent attention. The TMHA is committed to help reduce and
prevent the abuse and neglect of participants. The TMHA realizes that persons
working closely with children and youth have a special awareness of abusive
situations. Therefore these people have a particular reporting responsibility
to ensure the safety of
Every province and Territory
in
Consequently, it is the
policy of the Timmins Minor Hockey Association that any TMHA executive,
volunteer, participant, team official, on ice official, Ontario Hockey
Federation partner, parent, or guardian who, has reasonable grounds to suspect
that a participant is or may be suffering or may have suffered from emotional,
physical abuse and neglect and/or sexual abuse shall immediately report the
suspicion and the information on which it is based to the local child
protection agency and/or the local police detachment. In
Those involved with the
Timmins Minor Hockey Association in providing hockey opportunities for
participants understand and agree that abuse and neglect, as defined above, may
be the subject of a criminal investigation and/or disciplinary procedures.
Failure to report an offence and thereby, failure to provide safety for
participants may render the adult who keeps silent legally liable for
conviction under the provincial child protection acts.
By educating our Executive, local Clubs and Associations personnel, the TMHA is weaving a tighter safety web around our most precious resources……the players!
OFFICIALS:
One of the most prominent areas in hockey where abuse and harassment are evident is in the domain of officiating. For some reason, many people believe that the sport culture allows them to exhibit abusive or harassing behaviours towards officials. Where younger officials are involved, it is quickly learned that it is easier to try and ignore the maltreatment than to penalize it. To assign a penalty means further intimidation to the referee; to ignore the behaviour means the focus is on the game rather than on the official. The result is many young officials leave the officiating ranks. Carrying out their role becomes too painful!
When it comes to abuse and harassment during the competition, all officials need to make use of the playing rules and guidelines within hockey to deal with these occurrences. Support from Local Association administrators and supervisors will enhance this course of action. However abuse and harassment can occur in other relationships within the officiating community.
SUPERVISORS
Supervisors have a profound impact on young officials. Their role is to not only coach the official but to also provide constructive criticism and evaluation of the official’s performance. They have significant authority over future assignments and advancements.
Guidelines:
· Treat young officials with respect.
· Give feedback in a constructive manner, rather than an intimidating manner.
· Support the learner and the learning process.
ASSIGNORS
Assignors are in the position of deciding which official will referee specific games. As a result they have considerable power over young men and women who are wanting to work and gain experience.
Guidelines:
· Officials should be assigned according to their skills and caliber of play.
· Assignors need to know the physical and emotional limitations of their officials.
· Assignors must never use their position to intimidate or demoralize and official.
· Officiating is usually a hobby and needs to be valued as such.
PEERS
In many sports, officials work in teams. The concept of “team” must be utilized at all times.
Guidelines:
· The role of officials is to ensure that the sport is played fairly and safely by both sides. Officiating is an apprenticeship that most often occurs during the actual competition.
· When there are concerns between officials, they need to be discussed in an appropriate place, such as the dressing room or office, not during the game.
· Officials need to encourage each other as often as possible throughout the competition.
· Harassment and abuse should be reported to supervisors
DRESSING ROOMS/OFFICES
Although the dressing rooms or offices for officials are usually quite small, it is important that an area be reserved for officials as they prepare for the upcoming competition.
Guidelines:
· Any inappropriate behaviour in the dressing room must be reported to a supervisor or someone who can help.
· When male and female officials work together, it is never appropriate to change or dress in the same space at the same time. One gender should dress first while the other waits outside the dressing room: then vice versa.
· Once both genders are fully dressed, they can share the room in preparation for the competition, but leave the door open.
· Only official and their supervisor are allowed in the official’s room.
· Minor officials use two-deep system: always have a third person present.
DISCIPLINE
There will be times when it is necessary to discipline an official.
Guidelines:
· All disciplinary action must be respectful of the person while addressing the inappropriate behaviour. It should never be abusive or harassing in nature.
· Ridicule is not an acceptable form of discipline.
· Follow the Disciplinary Sanctions.
DUTY TO REPORT
Not only are officials encouraged to report instances of abuse and/or harassment directed at them and other officials, but they also have a duty to report offences that they witness at any time.
Guidelines:
· If abusive or harassing behaviour towards a minor is noted during the competition, officials should document their observations, including dates, times, location, and individuals involved.
· Supervisors should be informed and given the documentation.
· Supervisors have the responsibility of informing the team administrators.
· Officials, supervisors and team administrators have a duty to report as outlined.
TMHA HARASSMENT/ABUSE POLICIES
The following policies have been approved by the Timmins Minor Hockey Association.
SCREENING/CRIMINAL RECORD CHECKS
Policy 1: It is the Policy of the Timmins Minor Hockey Association to immediately commence phasing in the 10 Steps of Screening in compliance with the 2002-2003 season as outlined in the Harassment/Abuse Implementation Guide issued by Canadian Hockey Association, including Criminal Record Checks.
Policy 1a: It is the policy of the Timmins Minor Hockey Association that Criminal Record Checks will become mandatory beginning in the 2002-2003 season for all volunteers ( coaches, trainers, managers, referees and executive of TMHA ) and staff people who are deemed as high risk by TMHA through the 10 Step Screening Process and the Relationship of Position Requirements to Screening Task forms. This applies to all parties in the Timmins Minor Hockey Association. This is only one part of the overall 10 step screening process that must be implemented at all levels of hockey within the Timmins Minor Hockey Association. A volunteer is defined as a non-paid person who donates, enters or offers his or her time freely to assigned specific duties.
(Please refer to the 10 Step Screening Process and Relationship of Position to Screening Information attached as FORM “A”)
Policy 1b: It is the policy of the Timmins Minor Hockey Association, to have the option of conducting either Local Criminal Record Checks or CPIC Criminal Record Checks. These Criminal Record Checks should not be more that 4 months old when accepted by the Timmins Minor Hockey Association.
Policy 1c: It is the policy of the Timmins Minor Hockey Association that Criminal Record Checks as stated in policy 1b will be required for all new volunteers, staff and Executive of the TMHA. Once the individual has been permitted to act as a volunteer or hired as a staff person these Criminal Record Checks will be required every 4 years.
In the event that an applicant transfers from another Association
he/she shall be required to provide a new Criminal Record Check as each
Association has no Authority to share Criminal Record Checks.
All volunteers, staff and executive of the TMHA will be required to fill out the OHF Approved Consent for Criminal Record Search Form (FORM “B”) and pay the fee. It would be the responsibility of the Local Club to determine any reimbursement to the individual. The applicant will be required to attend the Local Ontario Provincial Police Detachment or the Timmins Police Service with the consent form in person with two pieces of identification one of which is a photo-identification. No one else is allowed to make this check on the applicant’s behalf. The police will require a signature and a small form to be completed while they process the applicant.
The completed Criminal Record Check will then be immediately forwarded by mail to that person designated by the executive of the Timmins Minor Hockey Association. The said individual shall be of one of the professional designations listed in Schedule “A” attached and shall have no affiliation to minor hockey or the executive of TMHA or a local association within TMHA.
The applicant shall not act as a volunteer until the designated individual has forwarded written approval to TMHA.
Policy 1d: The designated individual described in Policy 1c shall establish a review the Criminal Records Checks when the police have identified a criminal conviction. His/her duties would include comparing the offence to the specific job description and reference checks of that individual and determining the risk involved. He/she shall be required to follow policy 5 in making the decision.
The content of a criminal record shall not be disclosed to any individual.
Once he/she has made the assessment he/she shall write a letter (FORM “I”) to the TMHA indicating that the Applicant has either been approved or disapproved. On receipt of this letter TMHA shall grant the approved volunteer permission to commence duties.
Policy 1e: In the event that the criminal record check reveals the existence of a criminal record, the designated individual shall contact the volunteer and discuss the circumstances surrounding the conviction. Any discussion held with the volunteer shall be held in confidence and the designated individual shall not disclose under any circumstance to TMHA or any other individual the content of that discussion. Following the discussion with the volunteer, the designated individual may approve the volunteer not withstanding the record having regard to the risk factor, the individual circumstances, the date of the record, particulars of conviction and any steps taken by the volunteer following the conviction to remedy a concern.
OBLIGATION TO REPORT
Policy 2: It is the policy of the Timmins Minor Hockey Association that any and all situations involving Harassment and Abuse must be reported to the team official and subsequently to Timmins Minor Hockey Association. A Reporting Form for Disclosures (FORM “C.1”) shall be completed by the volunteer to whom the disclosure is made and this form shall be immediately forwarded to the Administrator of the Timmins Minor Hockey Association. The volunteer to whom the disclosure is made shall listen and record the information but under no circumstances shall he/she conduct an investigation, question the complainant or approach the violator or in any way impede an investigation. It is also the policy that any report of Harassment or Abuse will then be reported by the President of the Timmins Minor Hockey Association to the Northern Ontario Hockey Association.
Policy 2a: Situations involving Harassment and Abuse must be reported by the President of the Timmins Minor Hockey Association to the Northern Ontario Hockey Association on the Ontario Hockey Federation Fact Finding Form (FORM “C”). These forms will be forward by personal delivery or through courier not by fax or e-mail.
All major incidents shall be reported to the proper authorities immediately and full cooperation shall be given. A report will be required, however we are not to impede the investigation in the process.
Major incidents such as:
· inappropriate touching, fondling, kissing,
· hiring escort services or solicitations from off the street,
· situations of a physical nature, physical mistreatment, sexual mistreatment,
· inadequate moral guidance or emotional mistreatment must be reported to the proper authorities.
Policy 2b: It is the policy of the Timmins Minor Hockey Association that each team of the Timmins Minor Hockey Association appoint a designated person to accept reports from the Local Association involving Harassment/Abuse. It shall be the responsibility of that person to inform the Timmins Minor Hockey Association Administrator of all information available on the situation. It will then be the TMHA President or designate who shall report to Northern Ontario Hockey Association.
MONITORING OF HARASSMENT/ABUSE INITIATIVES
Policy 4: It shall be the policy of the Timmins Minor Hockey Association that all TMHA teams comply with the policy, and they respond in writing at the request of TMHA association of any non-compliance of the Harassment/Abuse Initiatives.
It is the Policy of TMHA that they shall report to Northern Ontario Hockey Association on annual basis. This documentation will be provided on a check off form and signed by the President of the Timmins Minor Hockey Association. Copies of these reports will be forwarded to Northern Ontario Hockey Association at the conclusion of each season.
Policy 5: It is the policy of the Timmins Minor Hockey Association that if an individual whose conduct establishes:
· any violent behaviour against children or adults,
· violations of position of trust,
· abuse of a physical, sexual or verbal nature,
· substance or chemical abuse or
· violations of government licencing privileges.
Such a persons may be deemed unworthy and may be dismissed or not accepted as a volunteer or staff person within the Timmins Minor Hockey Association.
Policy 6: It is the policy of the Timmins Minor Hockey Association that if a person is found in violation of the following Timmins Minor Hockey Association Recognition and Prevention of Abuse Policy that this individual may be dismissed as a volunteer, executive member or staff person within the Timmins Minor Hockey Association.
Policy 7: It is the policy of the Timmins Minor Hockey Association
that any person found in violation of the Canadian Hockey Association Policy on
Harassment/Abuse adopted by the Ontario Hockey Federation on
Policy 7a: It is the policy of the Timmins Minor Hockey Association that a person found in violation of the Timmins Minor Hockey Association Policy on Harassment/Abuse which was carried by motion on the 14th day of April, 2002 may be dismissed as a volunteer, executive member or staff person within Timmins Minor Hockey Association.
Policy 8: It is the policy of the Timmins Minor Hockey Association that the term “Harassment” includes: a chronic behaviour by one person or persons towards another which is insulting, intimidating, malicious, degrading or offensive. Harassment can be in the form of physical, verbal, sexual or emotional abuse.
The term “Abuse” includes: A vicious conduct, practice or action toward another person or persons.
TMHA
Interpretation of Definitions
Chronic: Continuing for a long period of time;
constant; prolonged; lingering; recurrent.
Hazing: To subject newcomers or initiate: pranks or
humiliation horseplay, degrading initiating rites, or acts which a person is forced
to participate in order to be accepted.
Policy 9: It is the policy of the
Timmins Minor Hockey Association the Harassment/ Abuse Committee Members shall
consist of three individuals, one of whom must by the Laws and Rules Convenor. The
remaining two members of the Committee may only be selected by the executive
but not limited to executive members. The two appointees shall however be
included on the list of prescribed vocations as indicated in Appendix “A”.
These members will or have had attended a Local Harassment/Abuse Seminar(s) e.g. Canadian Red Cross-Prevention of Abuse, Neglect, and Harassment in Hockey Seminar.
It will be the responsibility of the Harassment/Abuse Committee to:
· Determine whether the complaint is of a nature which should be referred to proper authorities (Children’s Aid Society, Police, etc) and is so immediately make that referral.
· If the complaint is not in the nature as to warrant referral to an outside agency, a meeting or hearing shall be conducted involving all parties to attempt to resolve the matter. The Committee shall conduct a full fact finding/discovery process and shall make a full report to the N.O.H.A
· Should the Committee determine that the matter is of serious nature or consequence they will immediately contact N.O.H.A. for direction and possible assistance through N.O.H.A. legal counsel.
· The President of Timmins Minor Hockey shall forthwith make NOHA aware of all situations involving a complaint of Harassment or Abuse.
In all matters referred to the Harassment and Abuse Committee, the members of the committee shall not divulge any specifics with respect to the complaint or the identity of the complainant or offender with the exception of the above-mentioned referrals.
Policy 10: All TMHA Harassment/Abuse Panel/Committee members must declare any potential conflict of interests and thus would not serve on that specific panel/committee involving the conflict.
TRAVELLING/BILLETS
Policy 11: It is the policy of the Ontario Hockey Association/Timmins Minor Hockey Association that local billet hosts should also be screened following the 10 steps of screening and that players should have ready access to their coaches and manager.
DRESSING FACILITIES
Policy 12: It is the policy of the Timmins Minor Hockey Association as it is the Ontario Hockey Federation that separate dressing rooms/areas be provided for both male and female personnel, which includes players, coaches, officials and volunteers.
JOB DESCRIPTION FOR VOLUNTEERS
Policy 13: It is the policy of the Timmins Minor Hockey Association that each local club/association shall be responsible for compiling a written job description for each volunteer position. Job descriptions must set clear guidelines to define the role and responsibilities of the volunteer. They should include guidelines establishing job designs to minimize risk, for example settings which are on-site, do not isolate participants from others, where more than one supervisor is present and activities which are always sanctioned by the club/association.
MAINTAINENCE OF APPLICATION OF VOLUNTEERS
Policy 14: It is the policy of the Timmins Minor Hockey Association that all teams will actively recruit volunteers who aspire to the philosophies as set out in the TMHA prevention of abuse policy. Each applicant will complete an application form in the format approved by TMHA (FORM “D”) and it is the responsibility of the local club/associations to provide a copy of the application of all volunteers, managers, coaches, trainers, and referees to the TMHA prior to these people acting in their respective duties. It is TMHA policy that no one act in this capacity until there has been compliance with this requirement.
Policy 14a: It is the policy of the Timmins Minor Hockey Association that all Applications be kept by the Secretary of the Timmins Minor Hockey so consistent records can be maintained and monitored for;