Midland Bay Sailing Club
SAFE SPORT POLICY PACKAGE
April 4, 2023
Table of Contents
Introduction & Overview _____________________________________________________________________ 2
Definitions_________________________________________________________________________________ 4
Code of Conduct ____________________________________________________________________________ 7
Protection Policy___________________________________________________________________________ 14
Screening Policy ___________________________________________________________________________ 19
Social Media Policy_________________________________________________________________________ 26
Whistleblower Policy _______________________________________________________________________ 29
Appeal Policy _____________________________________________________________________________ 31
Discipline and Complaints Policy ______________________________________________________________ 36
Dispute Resolution Policy____________________________________________________________________ 48
Introduction & Overview
Midland Bay Sailing Club (MBSC) in partnership with Sail Canada is committed to providing everyone involved
in the sport of sailing a safe and welcoming environment in which to participate. As we work towards ensuring
as positive, safe, and inclusive environment, Sail Canada has created a harmonious policy package to set the
expectations for safe sport across the country which MBSC has adopted.
The policies that make up the Safe Sport Policy Package include:
Code of Conduct including the Universal Code of Conduct to Prevent and Address Maltreatment in Sport
Protection Policy
Social Media Policy
Screening Policy
Whistle Blower Policy
Discipline and Complaints Policy
Appeal Policy
Dispute Resolution Policy
These policies are designed to provide guidance and direction to all sailing activity across the country, applicable
to Sail Canada, Ontario Sailing as well as MBSC within the confines of any applicable provincial legislation that may
have authority over any aspect of the Safe Sport Policy Package and the policies contained within the package.
Leaders of each of Sail Canada’s Member Organizations should adopt the Policy Package, as presented, for their
organization and join Sail Canada and Ontario Sailing in the commitment to making sport, especially sailing, a safe
and positive experience for everyone involved.
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The implementation of a harmonious policy package helps ensure that all Individuals involved in sailing in Canada
know and understand a consistent standard of expected behaviour and there is a comprehensive system to
address any matters that may impact the safe environment in an immediate, appropriate, and equitable manner.
These policies work together to address both prevention and response to issues related to the wide area related
to safe sport. The policies are a package and work together, for example there is one set of definitions for the
package of policies and the Discipline and Complaints Policy details process and jurisdiction for all complaints.
Therefore, if any policy is excerpted in whole or in part from the Safe Sport Policy Package it must be done with
knowledge and disclosure to any receiving party, that it is a part of the complete Safe Sport Policy Package.
MBSC and Sail Canada takes any situation involving misconduct or Maltreatment very seriously; for this reason,
we are committed to enacting and enforcing strong, clear, and effective policies and procedures for preventing
and addressing all forms of misconduct or Maltreatment. These policies, found within the Safe Sport Policy
Package, provide the consistent clear policy system to ensure sailing in Canada is safe and welcoming.
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MBSC
Safe Sport Policy Package
Definitions
(in alignment with the UCCMS v6)
Note: These Safe Sport Policy Suite Definitions apply to all policies identified as within the Safe Sport Policy
Package. Our Safe Sport policies follow the legal practice of capitalized defined terms to assist the reader in
identifying that the term has a specific meaning within the policy package.
1. “Affected Party” – Any Individual or entity, as determined by the Appeal Manager, who may be affected by a
decision rendered under the Appeal Policy and who may have recourse to an appeal in their own right under the
Appeal Policy.
2. “Appellant” – The Party appealing a decision pursuant to the Appeal Policy.
3. “Appeal Manager” – An individual appointed by Ontario Sailing who may be any staff member, committee
member, volunteer, Director, or an independent third party, to oversee the administration of the Appeal Policy.
The Appeal Manager’s responsibilities shall include those as described in the Appeal Policy.
4. “Athlete(s)” –Any Individual who is an Athlete Participant in MBSC who is subject to the policies of MBSC and
the Code of Conduct.
5. “Athlete Support Personnel” – Any coach, trainer, manager, agent, team staff, official, medical, paramedical
personnel, parent, or any other person working with, treating, or assisting an Athlete participating in or
preparing for sports competition.
6. “Board” – the Board of Directors of MBSC.
7. “Bullying” – Offensive behaviour and/or abusive treatment of an Individual that typically, but not always,
involves an abuse of power.
8. “Case Manager” – an independent individual appointed by Ontario Sailing, to fulfill the responsibilities described
in the Discipline and Complaints Policy. In order to be appointed as a Case Manager, the individual must be free
of conflict of interest, have relevant experience and skills to manage complaints and perform their duties, either
as a legal practitioner or sport administrator.
9. “Complainant” – the party (individual or organization) filing a complaint on an incident of Maltreatment or
suspicions of an incident of Maltreatment or other behaviour that is a violation of the standards described in the
NSO’s policies, by-laws, rules or regulations, or the UCCMS.
10. “Criminal Record Check (CRC)” – the document prepared by a police service from national data on the Canadian
Police Information Centre (CPIC) database or international equivalent reporting organization and provides
information concerning a person’s criminal record including any Criminal Code of Canada charges, violations, or
convictions.
11. “Conflict of Interest” – anytime there is a perceived or real potential for an individual’s relationship (financial,
personal, or other) to influence a decision-making process.
12. “Days” – calendar days. For the purpose of calculating deadlines in this Safe Sport Policy Package, the day of the
act/decision is not counted as the first day of any deadline.
13. “Director of Sanctions and Outcomes” – Responsible for overseeing the imposition of Provisional Measures,
agreed outcomes, Sanctions and appearing before the Safeguarding Tribunal or the Appeal Tribunal in cases
arising from a potential breach of the UCCMS (or other conduct rules, as applicable).
14. “Discrimination” – As defined in the UCCMS.
15. “External Discipline Panel” – A Panel of one or three people who are appointed by the Independent Third Party
to decide on complaints that are assessed under Process #2 of the Discipline and Complaints Policy.
16. “Event” – An event hosted by MBSC or an activity where MBSC is involved in an official capacity. An event
sanctioned by the PSA or a Member Organization, and which may include a social Event.
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17. “Harassment” –A vexatious comment (or comments) or conduct against an Individual or group, irrespective of
whether the comment or conduct occurs in person or via any other media, including Social Media, which is
known or ought to reasonably be known to be unwelcome.
18. “Independent Third Party” – the independent entity retained by Sail Canada & Ontario Sailing to receive
complaints and to fulfill the responsibilities outlined in the policies herein the Safe Sport Policy Package, as
applicable (outside of OSIC’s role with complaints regarding UCCMS Participants). This individual must not be in a
conflict of interest.
19. “Individuals” – anyone who is participating in programs and activities with Sail Canada, Ontario Sailing or MBSC,
and any category of individuals and/or registrants who are subject to the policies of Sail Canada, Ontario Sailing,
or MBSC, including those employed by, contracted by, or engaged in any Sail Canada or Ontario Sailing or MBSC
related activities. This includes but is not limited to athletes, coaches, learning facilitators, instructors, officials,
support persons, employees, contractors, volunteers, Athletes and their parents/guardians, Directors, other
volunteers, and those representing MBSC at any Event.
20. “Internal Discipline Chair “– An individual appointed by MBSC to decide on complaints that are assessed under
Process #1 of the Discipline and Complaints Policy. The Internal Discipline Chair may be a Director, head coach,
staff member, or other individual affiliated with MBSC or Ontario Sailing but must not be in a conflict of interest.
21. “Maltreatment” – As defined in the UCCMS.
22. “Member Organizations” – A recognized organization that is registered with Sail Canada and Ontario Sailing and
in good standing as described in the Ontario Sailing bylaws.
23. “Minor” – As defined in the UCCMS an Individual who is under the age of nineteen (19) years old. Adult
Individuals are responsible for knowing the age of a Minor.
24. “OSIC” – Office of the Sport Integrity Commissioner, an independent division of the SDRCC which comprises the
functions of the Sport Integrity Commissioner.
25. “Parties” – in the context of a complaint under the Discipline and Complaints Policy, the Complainant and
Respondent; in the context of an appeal under the Appeal Policy, the Appellant, Respondent and Affected Party
(or Parties).
26. “Person in Authority” –Any Individual who holds a position of authority within Sail Canada, Ontario Sailing or
MBSC, including, but not limited to, coaches, instructors, officials, managers, Athlete Support Personnel,
chaperones, committee members, and Directors or Officers. In addition to the responsibilities described for
Individuals in the Code of Conduct, a Person in Authority shall be responsible for knowing what constitutes
Maltreatment.
27. “Power Imbalance” – As defined in the UCCMS.
28. “Prohibited Behaviours” – As defined in the UCCMS.
29. “Provisional Suspension” – means that the Individual is barred temporarily from participating in in any capacity
in any Event or activity of the NSO, PSA and its Member Organizations or as otherwise decided pursuant to the
Discipline and Complaint Policy, prior to the decision rendered in a hearing conducted pursuant to that Policy.
30. “Reporting (or Report)”: The provision of information in writing by any person or an Individual to a relevant
independent authority (the Independent Third Party or position charged with receiving a Report and
determining next steps) regarding Maltreatment or misconduct. Reporting may occur through either the
Complainant (of any age) or the one who experienced the Maltreatment, or a witness (someone who witnessed
the Maltreatment or otherwise knows or suspects Maltreatment). In either case, the intention of Reporting is to
initiate an independent investigative process, which could result in disciplinary action being taken against the
Respondent.
31. “Respondent” – the Party responding to a complaint or investigation; or, in the case of an appeal, the body or
organization whose decision is being appealed, or the Individual who was the subject of a decision that is being
appealed.
32. “Sexual Maltreatment” – As defined in the UCCMS
33. “Social Medium (Social Media)” – A form of electronic communication including websites for social networking
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and microblogging such as blogs, YouTube, Facebook, Instagram, Tumblr, Snapchat, Tik-Tok, and Twitter. Social
Media is the plural of Social Medium representing all the platforms broadly.
34. UCCMS – Universal Code of Conduct to prevent and address Maltreatment in Sport, as amended from time to
time by the SDRCC.
35. “UCCMS Participant “– An Individual affiliated with the Program Signatory who has been a) designated by Sail
Canada and b) who has signed the required consent form. UCCMS Participants may include an athlete, a coach,
an official, an athlete support personnel, an employee, a contractual worker, an administrator, or a volunteer
acting on behalf of, or representing the Program Signatory in any capacity.
36. “Vulnerable Individuals” – Includes Children / Youth (Minors) and Vulnerable Adults (people who, because of
age, disability, or other circumstance, are in a position of dependence on others or are otherwise at a greater
risk than the general population of being harmed by a Person in Authority).
37. “Vulnerable Sector Check (VSC)” – a detailed check that includes a search of the RCMP Canadian Police
Information Centre (CPIC) system, local police information, and the Pardoned Sex Offender database.
38. “Workplace” – Any place where Events, business or work-related activities are conducted. Workplaces include
but are not limited to, the office or facilities of Sail Canada, Ontario Sailing, and MBSC, work-related social
functions, work assignments outside offices, work-related travel, the training, and competition environment
(wherever located), and work-related conferences or training sessions.
39. “Workplace Harassment” – A course of vexatious comment or conduct against an Individual in a Workplace that
is known or ought reasonably to be known to be unwelcome. Workplace Harassment should not be confused
with legitimate, reasonable management actions that are part of the normal work/training function, including
measures to correct performance deficiencies, such as placing someone on a performance improvement plan, or
imposing discipline for workplace infractions.
40. “Workplace Violence – The use of or threat of physical force by a person against a worker in a Workplace that
causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker in a
Workplace that could cause physical injury to the worker; or a statement or behaviour that it is reasonable for a
worker to interpret as a threat to exercise physical force against the worker in a Workplace that could cause
physical injury to the worker.
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MBSC
Code of Conduct
(In addition to current UCCMS – Appendix A)
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follows the legal practice of capitalized defined terms to assist the reader in
identifying that the term has a specific meaning within the policy suite.
Sail Canada (the “Organization”) has adopted the Universal Code of Conduct to Prevent and Address
Maltreatment in Sport (“UCCMS”), as amended from time to time, (provided as Appendix A). Any modifications
or amendments made to the UCCMS by the Sport Dispute Resolution Centre of Canada (“SDRCC”) shall come into
effect immediately upon their adoption by the SDRCC and automatically without the need for any further action
by Sail Canada.
Sail Canada is a Program Signatory of the Office of the Sport Integrity Commissioner (the “OSIC”), as of March 1st,
2023 (the “Effective Date”).
Sail Canada has designated specific Individuals within the organization as UCCMS Participants. A full list of
designated individuals is available at 53 Yonge St Kingston ON K7M 6G4
It is important to note that the Code applies to all Individuals, but not all Individuals are UCCMS Participants
and subject to the OSIC Process.
A. Purpose
1. The purpose of this Code of Conduct is to ensure a safe and positive environment within the programs,
activities, and Events of Sail Canada, Ontario Sailing, and MBSC by making all Individuals aware that there is
an expectation, at all times, of appropriate behaviour consistent with MBSC’s core values, mission, and
policies.
2. Sail Canada, Ontario Sailing, MBSC, and Individuals support equal opportunity, prohibit discriminatory
practices, and are committed to providing an environment in which all individuals can safely participate in
sport and are treated with respect and fairness.
B. Application – General
3. This Code of Conduct applies to the conduct of all Individuals during the business, activities, and Events of
Sail Canada, Ontario Sailing, and MBSC including, but not limited to competitions, practices, evaluations,
treatment, or consultations (e.g., massage therapy), training camps, travel associated with organizational
activities, the office environment, and any meetings.
4. This Code of Conduct also applies to the conduct of all Individuals outside of the business, activities, and
Events of Sail Canada, Ontario Sailing, and MBSC when such conduct adversely affects MBSC‘s relationships
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(and the work and sport environment) or is detrimental to the image and reputation of Sail Canada, Ontario
Sailing or MBSC. Such applicability will be determined by Sail Canada, Ontario Sailing or MBSC, as applicable,
at its sole discretion.
5. In addition, breaches of the Code of Conduct may occur when the Individuals involved interacted due to
their mutual involvement in the sport or, if the breach occurred outside of the sport environment or, if the
breach has a serious and detrimental impact on the Individual(s).
6. This Code of Conduct applies to Individuals active in the sport or who have retired from the sport where any
claim regarding a potential breach of this Code of Conduct occurred when the Individual was active in the
sport.
7. Competition & the Racing Rules of Sailing
At competition hosted or organized by Sail Canada, Ontario Sailing, or MBSC, covered by The Racing Rules of
Sailing as amended from time to time (herein referred to as the Rules):
a. Participants shall conduct themselves as prescribed by the Rules as well as any amendments
thereto prescribed by the organizers of the specific event.
b. All protests and Appeals with respect to the misconduct of participants shall be conducted in the
manner prescribed by the Rules, including any amendments thereto by the Organizing Authority
(OA) for the event.
The Racing Rules of Sailing do not preclude, or limit, a Complaint being filed with OSIC, regardless of
whether the matter was addressed in any manner under the Racing Rules of Sailing.
C. Prohibited Behaviours
8. All Individuals must refrain from any behaviour that constitutes a Prohibited Behaviour as defined by the
UCCMS and this Code of Conduct
9. Individuals are responsible for knowing what actions or behaviours constitute Prohibited Behaviours and
Maltreatment.
10. Prohibited Behaviours under the UCCMS include, but are not limited to:
a) Physical Maltreatment
b) Psychological Maltreatment
c) Neglect
d) Sexual Maltreatment
e) Grooming
f) Boundary Transgressions
g) Discrimination
h) Failing to Report
i) Aiding and Abetting
j) Retaliation
k) Interference with or Manipulation of Process
l) False Reports
In addition to the Prohibited Behaviours as defined by the UCCMS, this Code of Conduct sets out other expected
standards of behaviours and conduct for all Individuals and any failure to respect these expected standards of
behaviour by an Individual may constitute a breach of this Code of Conduct.
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D. Responsibilities of Individuals
11. All Individuals have a responsibility to:
a) Commit to prioritizing safety in all activities, both on and off the water.
b) Refrain from any behaviour that constitutes Maltreatment or Prohibited Behaviour under
this Code of Conduct or the UCCMS.
c) Maintain and enhance the dignity and self-esteem of other Individuals by:
i. Treating each other with fairness, honesty, respect and integrity;
ii. Focusing comments or criticism appropriately and avoiding public criticism of
Athletes, coaches, officials, organizers, volunteers, employees, or other Individuals;
iii. Consistently demonstrating the spirit of sportsmanship, sport leadership, and
ethical conduct; and
iv. Ensuring adherence to the rules of the sport and the spirit of those rules.
d) Refrain from the use of power or authority to coerce another person to engage in
inappropriate activities.
e) Refrain from the use of tobacco products (and vaping) while in the presence of other
participants except in designated smoking areas while participating in the programs,
activities, competitions, or Events of Sail Canada, Ontario Sailing or MBSC.
f) In the case of Minors, not consume alcohol, tobacco, or cannabis at any competition or
Event.
g) Not being under the influence of cannabis, alcohol or any medication that could cause
impairment, or otherwise being impaired, at any time while performing duties or actively
competing. Take reasonable steps to manage the responsible consumption of alcohol or
cannabis in adult-oriented social situations.
h) Respect the property of others and not wilfully cause damage.
i) Refrain from engaging in deliberate behaviour which is intended to manipulate the
outcome of a para-classification, competition and/or not offer, receive, or refrain from
offering or receiving any benefit which is intended to manipulate the outcome of a
competition or para-classification. A benefit includes the direct or indirect receipt of
money or other anything else of value, including, but not limited to, bribes, gains, gifts,
preferential treatment, and other advantages.
j) Adhere to all federal, provincial/territorial, municipal and host country laws.
k) Comply with the bylaws, policies, procedures, rules, and regulations of Sail Canada, Ontario
Sailing and MBSC, as applicable, and as adopted and amended from time to time.
Recognizing that some policies, such as the Social Media Policy, provide specific
requirements for responsibilities.
Directors, Committee Members, and Employees
12. In addition to section D (above), Directors, Committee Members, and employees of MBSC will have
additional responsibilities to:
a) Function primarily as a Director, committee member or employee of MBSC and ensure to
prioritize their duty of loyalty to MBSC (and not to any other sport organization or group)
while acting in this role.
b) Act with honesty and integrity and conduct themselves in a manner consistent with the
nature and responsibilities of the business and the maintenance of an Individual’s
confidence.
c) Ensure that financial affairs are conducted in a responsible and transparent manner with
due regard for all fiduciary responsibilities.
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d) Comply with their obligations under the Screening Policy, including understanding ongoing
expectations under the Screening Policy and fully cooperating in the screening process
e) Conduct themselves openly, professionally, lawfully and in good faith.
f) Be independent and impartial and not be influenced by self-interest, outside pressure,
expectation of reward, or fear of criticism in their decision-making on behalf of MBSC
g) Exercise the degree of care, diligence, and skill required in the performance of their duties
pursuant to applicable laws.
h) Maintain required confidentiality of organizational information.
i) When acting as a Director or Committee Member, respect the decisions of the majority
(of the Board or a Committee, as applicable) and resign if unable to do so.
j) Commit the time to attend meetings and be diligent in preparation for, and participation
in, discussions at such meetings.
k) Have a thorough knowledge and understanding of all governance documents
Athlete Support Personnel
13. In addition to section D (above), Athlete Support Personnel have additional responsibilities.
14. Athlete Support Personnel must understand and respect the inherent Power Imbalance that exists in
this relationship and must not abuse it, either consciously or unconsciously.
15. Athlete Support Personnel will:
a) Avoid any behaviour that abuses the Power Imbalance inherent in the position of the
Athlete Support Personnel.
b) Ensure a safe environment by selecting activities and establishing controls that are
suitable for the age, experience, ability, and fitness level of the Athletes.
c) Prepare Athletes systematically and progressively, using appropriate time frames and
monitoring physical and psychological adjustments.
d) Avoid compromising the present and future health of Athletes by communicating and
cooperating with sport medicine professionals in the diagnosis, treatment, and
management of Athletes’ medical and psychological treatments.
e) Support the Athlete Support Personnel of a training camp, provincial/territorial team, or
national team should an Athlete qualify for participation with one of these programs.
f) Accept and promote Athletes’ personal goals and refer Athletes to other coaches and
sport specialists as appropriate.
g) Provide Athletes (and the parents/guardians of Minor Athletes) with the information
necessary to be involved in the decisions that affect the Athlete.
h) Act in the best interest of the Athlete’s development as a whole person.
i) Comply with their obligations under the Screening Policy, including understanding ongoing
expectations under this Policy and fully cooperating in the screening process.
j) Under no circumstances provide, promote, or condone the use of drugs (other than
properly prescribed medications) or prohibited substances or prohibited methods and, in
the case of Minors, alcohol, cannabis, and/or tobacco.
k) Respect competitor Athletes and, in dealings with them, not encroach upon topics or take
actions which are deemed to be within the realm of ‘coaching’, unless after first
communicating with the coaches who are responsible for the Athletes.
l) When a Power Imbalance exists, not engage in a sexual or intimate relationship with an
Athlete of any age.
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m) Disclose to Sail Canada, Ontario Sailing, and MBSC any sexual or intimate relationship with
an Athlete over the age of majority and, if requested by Sail Canada, Ontario Sailing, or
MBSC immediately discontinue any coaching involvement with that Athlete.
n) Recognize the power inherent in the position of Athlete Support Personnel and respect
and promote the rights of all Individuals in sport. This is accomplished by establishing and
following procedures for confidentiality (right to privacy), informed participation, and fair
and reasonable treatment. Coaches have a special responsibility to respect and promote
the rights of Individuals who are in a vulnerable or dependent position and less able to
protect their own rights.
o) Dress professionally and use appropriate language.
Athletes
16. In addition to section D (above), Athletes will have additional responsibilities to:
a) Follow their Athlete Agreement (if applicable).
b) Report any medical problems in a timely fashion, when such problems may limit their
ability to travel, practice, or compete.
c) Participate and appear on-time and prepared to participate to their best abilities in all
competitions, practices, training sessions, and evaluations.
d) Properly represent themselves and not attempt to participate in a competition for which
they are not eligible by reason of age, classification, or other reason.
e) Adhere to any rules and requirements regarding clothing, professionalism, and
equipment.
f) Act in accordance with applicable policies and procedures and, when applicable,
additional rules as outlined by Athlete Support Personnel.
Officials
17. In addition to section D (above), officials will have additional responsibilities to:
a) Maintain and update their knowledge of the rules and rules changes.
b) Not publicly criticize other Individuals.
c) Adhere at all times to the rules of their international federation and any other sport
organization that has relevant and applicable authority.
d) Place the safety and welfare of competitors, and the fairness of the competition, above all
else.
e) Strive to provide a fair sporting environment, and at no time engage in Maltreatment or
Prohibited Behaviour toward any person on the field of play.
f) Respect the terms of any agreement that they enter into with Sail Canada, Ontario Sailing,
or MBSC
g) Work within the boundaries of their position’s description while supporting the work of
other officials.
h) Act as an ambassador of the sport by agreeing to enforce and abide by national and
provincial/territorial rules and regulations.
i) Take ownership of actions and decisions made while officiating.
j) Respect the rights, dignity, and worth of all Individuals.
k) Act openly, impartially, professionally, lawfully, and in good faith.
l) Be fair, equitable, considerate, independent, honest, and impartial in all dealings with
others.
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m) Respect the confidentiality required by issues of a sensitive nature, which may include
discipline processes, appeals, and specific information or data about Individuals.
n) Comply with their obligations under the Screening Policy, including understanding ongoing
expectations under this Policy and fully cooperating in the screening process.
o) Honour all assignments unless unable to do so by virtue of illness or personal emergency,
and in these cases inform a supervisor or Sail Canada, Ontario Sailing, or MBSC at the
earliest possible time.
p) When writing reports, set out the actual facts to the best of their knowledge and
recollection.
q) Dress in proper attire for officiating.
Parents/Guardians and Spectators
18. In addition to section D (above), parents/guardians and spectators at Events will:
a) Encourage Athletes to compete within the rules and to resolve conflicts without resorting to
hostility or violence.
b) Condemn the use of violence in any form.
c) Never ridicule an Individual for making a mistake during a competition or practice.
d) Respect the decisions and judgments of officials and encourage Athletes to do the same.
e) Support all efforts to stop and prevent verbal and physical abuse, coercion, intimidation, and
excessive sarcasm.
f) Respect and show appreciation to all competitors, and to coaches, officials, and other
volunteers.
g) Never harass Individuals, competitors, Athlete Support Personnel, officials, parents/guardians,
or other spectators.
h) Never encourage, aid, cover up or assist an Athlete in cheating through doping, competition
manipulation or other cheating behaviours.
Member Organizations
19. Member Organizations and their members must:
a) When required, adhere to Sail Canada and Ontario Sailing’s by-laws and amend their own
policies to comply or align with those of Sail Canada and Ontario Sailing unless prohibited
by provincial/local legislation.
b) Pay all required dues and fees and complete all required documents by the prescribed
deadlines.
c) Ensure that all Athletes and coaches participating in sanctioned competitions, programs
and Events of Sail Canada or Ontario Sailing are registered and in good standing.
d) Appropriately screen prospective employees in compliance with the Screening Policy to
help ensure Athletes have a healthy and safe sport environment.
e) Ensure that any possible or actual misconduct is investigated promptly and thoroughly
f) Impose appropriate disciplinary or corrective measures when misconduct has been
substantiated
g) Advise Sail Canada and Ontario Sailing immediately of any situation where a complainant
has publicized a complaint in the media (including social media).
h) Provide Sail Canada and Ontario Sailing with a copy of all decisions rendered pursuant to
the Safe Sport Policy Package for complaints and appeals.
i) Implement any decision and disciplinary sanctions imposed pursuant to Sail Canada,
Ontario Sailing, or any other Member Organization’s discipline process.
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Anti-Doping1
20. Sail Canada, Ontario Sailing, and MBSC adopt and adhere to the Canadian Anti-Doping Program. Sail
Canada, Ontario Sailing, and MBSC will respect any sanction imposed on an Individual as a result of a
breach of the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules.
21. All Athletes shall:
a) Abstain from the non-medical use of medications or drugs or the use of Prohibited
Substances or Prohibited Methods as listed on the version of the World Anti-Doping
Agency’s Prohibited List currently in force.
b) Refrain from associating with any person for the purpose of coaching, training, competition,
instruction, administration, management, athletic development, or supervision, who has
been found to have committed an anti-doping rule violation and is serving a period of
ineligibility imposed pursuant to the Canadian Anti-Doping Program or any other applicable
anti-doping rules.
c) Cooperate with any Anti-Doping Organization that is conducting an investigation into any
anti-doping rule violation(s).
d) Refrain from any offensive conduct toward a Doping Control official or other individual
involved in Doping Control, whether or not such conduct constitutes Tampering as defined
in the Canadian Anti-Doping Program.
e) All Athlete Support Personnel or other Persons who are Using a Prohibited Substance or
Prohibited Method without a valid and acceptable justification shall refrain from providing
support to Athletes that fall under the NSO or a Member’s jurisdiction.
Retaliation, Retribution or Reprisal
22. It is a breach of this Code of Conduct for any Individuals to engage in any act that threatens or seeks
to intimidate another individual with the intent of discouraging that Individual from filing, in good
faith, a Report pursuant to any MBSC policy. It is also a breach of this Code of Conduct for an
Individual to file a Report for the purpose of retaliation, retribution, or reprisal against any other
Individual. Any Individual found to be in breach of this section shall be liable for the costs related to
the disciplinary process required to establish such a breach.
Privacy
23. The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy.
Appendix A – Universal Code of Conduct to Prevent and Address Maltreatment in Sport v6.0
1 Any capitalized terms used in this Anti-Doping section shall, unless the context requires otherwise, have the meanings ascribed to them in the
Definitions section of the Canadian Anti-Doping Program.
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MBSC
Protection Policy
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follow the legal practice of capitalized defined terms to assist the
reader in identifying that the term has a specific meaning within the policy suite.
Purpose
1. This Protection Policy describes how Persons in Authority shall maintain a safe sport environment
for all Athletes.
Interactions between Persons in Authority and Athletes – the ‘Rule of Two’
2. Sail Canada and Ontario Sailing strongly recommends that the ‘Rule of Two’ best practices are
followed by Persons in Authority when interacting with Athletes, whether in person or remotely.
The Coaching Association of Canada describes the intention of the ‘Rule of Two’ as follows:
A coach must never be alone or out of sight with a Minor Athlete. Two NCCP trained or certified
coaches should always be present with an Athlete, especially a Minor Athlete, when in a
potentially vulnerable situation such as in a locker room or meeting room. All one-on-one
interactions between a coach and an Athlete must take place within earshot and in view of a
second coach except for medical emergencies. One of the coaches must also be of the same
gender as the Athlete. Should there be a circumstance where a second screened and NCCP
trained or certified coach is not available, a screened volunteer, parent, or adult can be
recruited.
MBSC recognizes that fully implementing the ‘Rule of Two’, as described above (and modified
accordingly for Persons in Authority), in all circumstances, may not always be possible. To ensure
adherence to the ‘Rule of Two’, to the best of their ability, the following guidelines are in place:
• The training and competition environments should be open to observation so that all
interactions between Persons in Authority and Individuals are observable.
• Private or one-on-one situations should be avoided whenever possible unless they are open and
observable by another adult or Athlete or the public.
• Persons in Authority shall not invite, or have, a Vulnerable Individual(s) in their home without a
previous relationship from outside the sport of sailing and the written permission and
contemporaneous knowledge of the Vulnerable Individual’s parents/guardians.
• Vulnerable Individuals must not be in any situation where they are alone with a Person in
Authority without another screened adult or Athlete present unless a previous relationship from
outside the sport of sailing exists and there is written permission and contemporaneous
15
knowledge of the Vulnerable Individual’s parents/guardians.
Expectations in Different Situations and Interactions
3. Communication
The following communication guidelines are in place for Individuals who are Persons of Authority who
interact with Athletes:
• Group messages, group emails or team pages are to be used as the regular method of
communication between Persons in Authority and Athletes.
• Persons in Authority may only send personal texts, direct messages on social media or emails to
individual Athletes when necessary and only for the purpose of communicating information
related to team issues and activities (e.g., non-personal information).
• The content of all electronic communication between Persons in Authority and Athletes must be
professional in tone and for the purpose of communicating information related to team issues
or activities.
• All communication between Persons in Authority and Athletes must be between the hours of
6:00am and 10:00pm unless extenuating circumstances exist.
• No communication concerning drugs or alcohol use (unless regarding its prohibition) is
permitted.
• No sexually explicit language or imagery or sexually oriented conversation is permitted.
• A Person in Authority should not become overly involved in an Athlete’s personal life. Persons in
Authority and Athletes are not permitted to offer or ask one another to keep a secret for them.
Special Notes for Minor Athletes or Vulnerable Individuals
• Parents and guardians may request that the Minor or Vulnerable Athlete not be contacted by a
Person in Authority using any form of electronic communication and/or to request that certain
information about their child may not be distributed in any form of electronic communications.
All communication with Athletes in this category should include one other adult person on the
message, preferably their parent/guardian or their designate.
4. Travel
The following travel guidelines are in place for Individuals who are Persons of Authority who interact
with Athletes:
• Teams or groups of Athletes should have at least two Persons in Authority with them. Screened
parents or other volunteers can be available in situations when two Persons in Authority cannot
be present.
• A Person in Authority may not share a room or be alone in a hotel room with the door closed
with an Athlete unless the Person in Authority is the Athlete’s parent or guardian.
• For mixed gender teams or groups of Athletes, there will be appropriate mixed gender Persons
in Authority as well.
• Room or bed checks which may be done during overnight stays must be done by two Persons in
Authority together.
Special Notes for Minor Athletes or Vulnerable Individuals
• A Person in Authority should not be alone in a car with a Minor Athlete or Vulnerable Individuals
unless the Person in Authority is the Athlete’s parent, guardian or a designate appointed by the
Athlete’s parent/guardian. A Person in Authority may not be alone in a car with an Athlete, who
is not a Minor Athlete, without the prior consent of the Athlete.
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• For overnight travel when Minor Athletes share a hotel room, roommates will be age-
appropriate (e.g., within 2 years of age) and of the same gender identity.
5. Training and Events
The following guidelines are in place for Individuals who are Persons of Authority who interact with
Athletes for interactions associated with both training and competition or other Events:
• Persons in Authority giving instructions, demonstrating skills, or facilitating drills or lessons to an
individual Athlete should always be doing so in an open and observable environment.
• A Person in Authority should never be alone in a closed or unobservable environment with an
Athlete prior to or following a competition or practice unless the Person in Authority is the
Athlete’s parent/guardian.
Special Notes for Minor Athletes or Vulnerable Individuals
• If a Minor Athlete arrives before a second Person in Authority, their parent/guardian should
remain until another person arrives. Similarly, if a Minor Athlete could potentially be alone with
a Person in Authority following a competition or practice, the Person in Authority should ask
another Person in Authority (or a parent/guardian of another Athlete) to stay until all the Minor
Athletes have been picked up. If an adult is not available, then another Athlete should be
present to avoid the Person in Authority being alone with a singular Minor Athlete.
6. Locker Rooms / Changing Areas / Meeting Rooms
The following guidelines are in place for Individuals who are Persons of Authority who interact with
Athletes for interactions in locker rooms, changing areas, and meeting rooms:
• Interactions between a Person in Authority and an individual Athlete should not occur in any
room where there is a reasonable expectation of privacy such as the locker room, restroom, or
changing area. A second Person in Authority should be present for any necessary interaction in
any such room (Rule of Two).
• If Persons in Authority are not present in the locker room or changing area, or if they are not
permitted to be present, they should still be available outside the locker room or changing area
and be able to enter the room or area if required in cases of emergency.
7. Virtual Settings
The following guidelines are in place for Individuals who are Persons of Authority who interact with
Athletes for interactions in virtual settings:
• Communications during virtual sessions shall take place in an open and observable environment.
Sessions must be initiated in appropriate locations (e.g. not in personal or locations such as
bedrooms).
• Virtual sessions should be recorded whenever allowed by the technology being used.
Special Notes for Minor Athletes or Vulnerable Individuals
• Parents/guardians of Minors shall be informed by MBSC of the activities that will take place
during the virtual session, as well as the process of the virtual session.
• Parents/guardians of Minors shall provide consent to the Minor participating in the virtual
session, if irregularly scheduled, or prior to the first session if the sessions will take place on a
regular basis.
• For Athletes under the age of 16, a parent/guardian should be present during any virtual
session.
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• Parents/guardians are encouraged to debrief with Minors on a weekly basis regarding virtual
sessions.
8. Photography / Video Guidelines
The following guidelines are in place for Individuals in a Position of Authority who are interacting with
Athletes pursuant to that Position of Authority related to photography / video:
• Individuals (or parent/guardian in case of a Minor) should sign an image consent form (as
part of the registration process) that describes how an Individual’s image may be used by
MBSC.
• Without consent, Individuals may not be photographed or filmed; and no images of
Individuals may be posted publicly or privately. If consent is given, it may be revoked at any
time.
• Photographs and video may only be taken in public view, must observe generally accepted
standards of decency, and be both appropriate for and in the best interest of the
Individuals.
• The use of recording devices of any kind in rooms where there is a reasonable expectation
of privacy is strictly prohibited.
• Examples of photos that should be edited or deleted include:
§ Images with misplaced apparel or where undergarments are showing.
§ Suggestive or provocative poses.
§ Embarrassing images.
9. Physical Contact
MBSC recognizes that some physical contact between Persons in Authority and Athletes may be
necessary for various reasons including, but not limited to, teaching a skill, or tending to an injury. MBSC
requires the following touch guidelines:
• Unless it is not possible because of serious injury or other circumstance, a Person in
Authority should always clarify with an Athlete where and why any touch will occur. The
Person in Authority must make clear that he or she is requesting to touch the Athlete and
not requiring the physical contact.
• Infrequent, non-intentional physical contact, particularly contact that arises out of an error
or a misjudgment on the part of the Athlete during a training session, is permitted. Making
amends, such as an apology or explanation, is encouraged to further help educate Athletes
on the difference between appropriate and inappropriate contact.
• Hugging, cuddling, physical horseplay, and physical contact initiated by the Person in
Authority is not permitted. Some Athletes may initiate hugging or other physical contact
with a Person in Authority for various reasons (e.g., in celebration or defeat) but this
physical contact should always be limited and take place in an open and observable
environment.
10. Enforcement
Any alleged violations of this Protection Policy shall be addressed pursuant to MBSC’s Discipline and
Complaints Policy.
11. Privacy
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The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy.
19
MBSC
Screening Policy
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follow the legal practice of capitalized defined terms to assist the
reader in identifying that the term has a specific meaning within the policy suite.
Purpose
1. MBSC is responsible for providing a safe and secure environment for Athletes. Instructors, coaches,
officials, and Athlete Support Personnel are, and volunteers may be, in a position of trust related to
these Athletes or others in the community. MBSC understands that screening personnel and
volunteers is a vital part of providing a safe sporting environment and has become a common
practice amongst sport organizations that provide programs and services to the Canadian sport
community, and specifically within sailing.
Scope
2. This Policy applies to all Individuals whose position with MBSC is one of trust or authority which may
relate to, at a minimum, finances, supervision, or any contact with Vulnerable Individuals.
3. Not all Individuals associated with MBSC will be required to obtain a Criminal Record Check or
submit screening documents because not all positions pose a risk of harm to MBSC or participants.
Individuals will be subject to the screening requirements described in the Screening Requirements
Matrix found in the Appendix of this policy and shall comply with the screening application
requirements as detailed therein.
4. In addition to Individuals directly under the Sail Canada umbrella as designated by Sport Canada, Sail
Canada will provide the service of screening as it relates specifically to Criminal Record Checks for
Member Organizations by ensuring instructors, coaches, and officials over the age of 18 submit a
Criminal Record Check every three years as part of their annual registration. Member Organizations
are responsible for all other aspects of the Screening Requirement Matrix.
Policy
5. MBSC believes robust screening of all Individuals with a degree of risk in their role with sailing in
Canada is a vital activity in the protection of all Individuals associated with the sport. Comprehensive
screening involves a range of activities and documentation related to risk level of the role the
Individual is assuming within the sport and the organization.
6. As such MBSC has categorized positions in the organization according to the level of risk they pose
and requires progressive, comprehensive screening measures for Individuals in each category of risk
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as found in the Screening Requirement Matrix and is committed to ensuring is an ongoing process
with regular updates for each Individual’s screening documentation based on the risk associated
with their position.
7. Screening requirements will be met before any Individuals will be permitted to interact with
Athletes or have access to Vulnerable Individuals.
Screening Designated Officer
8. The implementation of this policy is the responsibility of an individual appointed by MBSC, who is
free from a Conflict of Interest, that will function as the Screening Designated Officer for all
screening applications received pursuant to this policy. This individual will possess the requisite
skills, knowledge, and abilities to accurately assess screening documents and to render decisions
under this policy.
9. The Screening Officer will carry out its duties in accordance with the terms of this policy.
10. The Screening Officer is responsible for reviewing all documents submitted with a screening
application and based on the review, they are empowered to make decisions regarding the related
appropriateness of Individuals filling positions within MBSC. In carrying out its duties, the Screening
Officer may consult with independent experts including lawyers, police, risk management
consultants, volunteer screening specialists, or any other person while respecting the confidentiality
of the documents.
Screening Requirements
11. A Screening Requirements Matrix is provided as an Appendix. All Individuals must comply with the
requirements detailed therein associated with the highest role they are interested in attaining when
first engaged by MBSC and shall respect the renewal requirements indicated below. Upon this policy
becoming effective all current Individuals will be reviewed and any gaps in MBSC Screening records
will be addressed within a six-month period.
12. Regardless of previous involvement with MBSC, should an Individual take on a new role at any time
that falls within a different category within the Screening Matrix they will be required to ensure
MBSC is provided with the screening documents associated with that new role.
13. If an Individual subsequently receives a charge, conviction for, or is found guilty of an offense they
will report this circumstance immediately to MBSC. As part of completion of a Screening Disclosure
Form, Individuals are required to inform MBSC of any changes in their circumstances that would
alter their responses in their Screening Disclosure Form. For any UCCMS Participants, MBSC is
required to share this information with Ontario Sailing.
14. If MBSC learns that an Individual has provided false, inaccurate, or misleading information, the
Individual will immediately be removed from their position and may be subject to further discipline
in accordance with the Discipline and Complaints Policy. For any Individual that is employed by
MBSC providing false or inaccurate information is considered willful misconduct and disobedience
that is not trivial which has not been condoned by MBSC and may result in termination without
notice and without cause.
21
Procedure
15. Individuals must submit current versions of the screening documents based on the Requirements
Matrix, according to the category in which they fall as designated by the President, to the Screening
Officer. Note that, for the sake of this policy, current is defined as within six months of the date of
submission. For those Individuals requiring Vulnerable Sector Checks, if needed, MBSC will provide a
letter for the Individual to be able to access a Vulnerable Sector Check for the position sought as
required. Any information submitted shall be subject to MBSC’s Privacy Policy, will only be viewed
on a need-to-know basis, and will be protected in accordance with the relevant and applicable
privacy legislation.
16. All positions are conditional on both the completion of the indicated screening activities in the
matrix as well as an acceptance of the results of those activities. An Individual who refuses or fails to
provide the necessary screening documents, or makes an incomplete application, will be ineligible
for the position sought. The Individual will be informed by the Screening Officer that their
application and/or position will not proceed until such time as the screening documents are
submitted.
17. MBSC understands that there may be delays in receiving the results of a Criminal Record Check. At
its discretion, the organization may permit the Individual to participate in the role during the delay,
provided that the Individual demonstrates that they have completed all other aspects of screening
and have initiated the Criminal Record Check process. This permission may be withdrawn at any
time and for any reason.
18. Candidates may have the right to submit different documentation through an approved designated
Criminal Record Check provider, however MBSC reserves the right in all cases to request a record
check through official police services. Regardless of the provider utilized to obtain a Criminal Record
Check the Individual will consent to MBSC being provided the status of the results.
19. MBSC recognizes that different information will be available depending on the type of screening
document that the Individual has submitted. For example, some reports may show details of a
specific offense, or not, and/or others may be returned with specific information or simply a
notification indicating ‘cleared’ or ‘not cleared’. The Screening Officer will use its expertise and
discretion when making decisions based on the screening documents that have been submitted.
20. The Screening Officer will review all Criminal Record Check Reports for Level A and Level B
candidates, including all supporting documents and shall make a decision as indicated below. For
Level C screening applications, the Screening Officer will only review cases where the Individual has
made a declaration in their disclosure form that may impact whether they can participate in the
desired position.
21. Following the review of any Level A and Level B screening applications, the Screening Officer will
decide one of the following outcomes:
I. The Individual has passed screening and may be considered for the desired position.
II. The Individual has passed screening and may be considered for the desired position with
conditions.
III. The Individual has not passed screening and may not participate in the desired position.
IV. More information is required from the Individual.
22
22. The Screening Officer must decide that an Individual has not passed screening if the screening
documentation reveals a conviction for any of the following:
If imposed in the last two years:
i. Any offense for possession of drugs and/or narcotics.
ii. Any offense involving conduct against public morals.
iii. If the role involves driving, any offense involving the use of a motor vehicle including, but
not limited to, impaired driving, excessive speeding, stunt driving.
If imposed in the last ten years:
I. Any crime of violence including but not limited to, all forms of assault.
II. Any offense involving a Minor or Minors.
III. Any offense involving theft or fraud.
IV. Any offense involving trafficking of illegal drugs
V. Any of the above offenses for which a pardon has been granted
If imposed at any time:
I. Any offense involving the possession, distribution, or sale of any child-related pornography.
II. Any sexual offense, or
III. Any sanctions deriving from a Maltreatment misconduct imposed by Sail Canada discipline
panel or by the SRCCC Director of sanctions or SDRCC Safeguarding Tribunal preventing the
individual from participating in Canadian sport based on the timeline imposed by the
sanction.
23. If a Criminal Record Check has been returned with any other results aside from those listed above,
the Individual may request a determination as to whether their participation will be approved or
not. For the purposes of making this decision, the Screening Officer, may request further
information, including but not limited to police reports; court records; probation orders; parole
orders; and release documents. The Screening Officer will then determine if the results will place
Athletes or other community members at risk and will advise the Individual in writing as to one of
four outcomes as listed above.
24. In making their determination, the Screening Officer will consider the relationship of the offence(s)
to the nature of the position, the number and nature of charges or convictions, when the offence(s)
occurred, and what the Individual has done since the date of the offence.
25. The Individual under review may appeal the decision of the Screening Officer resulting from this
policy as per the MBSC Appeal Policy. If an appeal is initiated the contents of the screening
documentation may be disclosed to others as necessary for hearing the appeal. The Individual may
elect to discontinue their appeal at any time.
Conditions and Monitoring
26. Excluding the incidents above which, if revealed, would cause the Individual to not pass screening,
the Screening Officer may determine that incidents revealed on an Individual’s screening documents
may allow the Individual to pass the screening process and participate in a desired position with
conditions imposed. The Screening Officer may apply and remove conditions at its discretion and
will determine how adherence to conditions may be monitored.
27. The Screening Officer is responsible to advise those roles that need to know of the conditions of the
23
individual’s participation.
28. For the registration of instructors, coaches, and Officials, as Sail Canada will be unable to monitor
conditions, the options available in reviewing the documents submitted will be limited to Pass or not
passed. Registration of these individuals will only be possible upon passing the Criminal Record
check component of the screening process. Member Organizations are permitted to impose
conditions on the involvement of Individuals in their operations based on other aspects of the
screening documents.
Minors
29. When screening Minors, MBSC will:
I. Not require the Minor to obtain a Criminal Record Check; and
II. In lieu of obtaining a Criminal Record Check, require the Minor to submit up to two (2)
additional references.
30. Notwithstanding the above, MBSC may ask a Minor to obtain a Criminal Record Check if the
organization suspects the Minor has an adult conviction and therefore has a criminal record. In
these circumstances, the organization will be clear in its request that it is not asking for the Minor’s
youth record. Sail Canada understands that they may not request to see a Minor’s youth record.
Frequency of Updates
31. Unless the Screening Officer determines, on a case-by-case basis, to modify the submission
requirements, individuals who are required to submit a Criminal Record Check, Screening Disclosure
Form, or Screening Renewal Form, are required to renew the documents as follows:
I. A Criminal Record and Judicial Matters Check every three years.
II. A Screening Disclosure Form every three years.
III. A Screening Renewal Form annually whenever a Screening Disclosure Form is not being
submitted.
IV. A Vulnerable Sector Check on initial commencement only.
32. MBSC may request that an Individual provide any of the above documents at any time. Such request
will be in writing and reasons will be provided for the request.
Record Keeping
33. All records will be maintained in a confidential manner and will not be disclosed to others except as
required by law, or for use in legal, quasi-legal, or disciplinary proceedings. This includes protecting
all records in accordance with the relevant and applicable privacy legislation.
34. Records will be securely stored for the duration of the Individual’s service to MBSC and the three
years that follow that service.
35. The records kept as part of the screening process include but are not limited to:
I. Documentation that the Individual’s Criminal Record Check was seen
II. Screening Disclosure and Renewal Forms
III. Records of any conditions attached to an Individual’s registration by the Screening Officer
IV. Records of any discipline applied to any individual by Sail Canada, by Ontario Sailing, by
MBSC, or by another sport organization
24
Privacy
36. The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy.
25
Appendix A – Screening Requirements Matrix
Description Requirements Examples
Level A Individuals that hold a
decision-making position,
involved in high-risk
assignments, occupies
position of trust and/or
authority, has a
supervisory role, directs
others, involved with
finances, and who have
frequent or unsupervised
access to Vulnerable
Individuals
– Complete an Application
Form
– Complete a Screening
Disclosure Form
– Complete and provide a
VSC
– Provide one reference
related to the position
– Participate in training,
orientation, and
monitoring as determined
by the organization
– Provide a driver’s abstract,
if requested and relevant
Senior
organizational staff;
full-time coaches;
coaches that travel
with athletes;
coaches that could
be alone with
athletes
Level B Individuals with direct
athlete contact, individuals
involved in medium risk
assignments who may be in
a supervisory role, may
direct others, may be
involved with finances,
and/or who may have
limited access to
Vulnerable Individuals
– Complete an Application
Form
– Complete a Screening
Disclosure Form
– Complete and provide an
CRCJM
– Provide one reference
related to the position
– Participate in training,
orientation, and
monitoring as determined
by the organization
– Provide a driver’s abstract,
if requested and relevant
Board Officers;
management staff;
Coaches and other
Athlete support
personnel who are
typically under the
supervision of
another coach;
Officials in
leadership roles;
Event organizing
committee chairs.
Level C Individuals with no direct
contact with athletes,
involved in low-risk
assignments who are not in
a supervisory role, not
directing others, not
involved with finances,
and/or do not have
unsupervised access to
Vulnerable Individuals
– Complete an Application
Form
– Complete a Screening
Disclosure Form
– Participate in training,
orientation, and
monitoring as determined
by the organization
Certain staff &
certain volunteers
who are not
working with
athletes or minors;
Parents, youth, or
volunteers who are
helping out on a
non-regular or
informal basis.
26
MBSC
Social Media Policy
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follow the legal practice of capitalized defined terms to assist the
reader in identifying that the term has a specific meaning within the policy suite.
Purpose
1. 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. MBSC 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.
Scope
2. This Policy applies to all Individuals.
Policy
3. MBSC is aware that Individual interaction and communication occurs frequently on Social Media.
The principles and guidelines that apply to any/all organization activities in general, as found in the
Code of Conduct, apply to all online activities. MBSC cautions Individuals that any conduct falling
short of the standard of behaviour required by this Social Media Policy and the Code of Conduct may
be subject to the disciplinary sanctions identified within the Discipline and Complaints Policy.
Conduct and Behaviour
4. The following Social Media conduct may be subject to disciplinary action in accordance with the
Discipline and Complaints Policy:
a) Posting a disrespectful, hateful, harmful, disparaging, insulting, or otherwise negative comment
on a Social Medium
b) Posting a picture, altered picture, or video on a Social Medium that is harmful, disrespectful,
insulting, or otherwise offensive,
c) Creating or contributing to a Social Medium vehicle, such as a Facebook group, webpage,
Instagram account, Twitter feed, blog, or online forum, devoted solely or in part to promoting
negative or disparaging remarks or commentary about Sail Canada, Ontario Sailing, or MBSC, or
their stakeholders, or their reputation
Midland Bay Sailing Club,mbsc1@midlandbaysailingclub
www.midlandbaysailingclub.com
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d) Inappropriate personal or sexual relationships over a Social Medium between Individuals who
have a Power Imbalance in their interactions, such as between Athletes and coaches, Directors
and Officers, committee members and staff, umpires, officials, and Athletes, etc.
e) Any instance of cyber-bullying or cyber-harassment, where incidents of cyber-bullying and
cyber-harassment can include, but are not limited to, the following conduct on any Social
Medium, via text-message, or via email: regular insults, negative comments, vexatious or
unwelcome behaviour, pranks or jokes, threats, posing as another person, spreading rumours or
lies, or other harmful behaviour.
f) Any instance in which a Social Medium has been a vehicle in violating confidentiality obligations
related to any complaints and/or investigations.
Individuals’ Responsibilities
5. Individuals acknowledge that their Social Media activity may be viewable and viewed by anyone,
including Sail Canada, Ontario Sailing, or MBSC or Individuals.
6. When using Social Media, an Individual must model appropriate behaviour befitting the Individual’s role
and status in connection with MBSC.
7. Removing content from Social Media after it has been posted (either publicly or privately) does not
excuse the Individual from being subject to the Discipline and Complaints Policy.
8. An Individual who believes that another Individual’s Social Media activity is inappropriate or may violate
the policies and procedures of MBSC should Report the matter in the manner outlined by the Discipline
and Complaints Policy.
9. 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.
10. 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.
MBSC Social Media
11. Organization representation, including specific programs or teams, via online Social Media platforms can
only be initiated and authorized by the President. Any accounts existing without prior authorization as
required above will be subject to review and may be amended or removed.
12. The President will identify specific employees/volunteers who will be given access to communicate via
official MBSC Social Media accounts.
13. Appropriate training sessions will take place with those granted access to communicate on behalf of the
organization.
14. In the event of an emerging crisis or potentially harmful information (whether through Social Media or
traditional media), all communication will originate only from MBSC designated spokespeople.
28
15. If MBSC unofficially engages with an Individual in Social Media (such as by retweeting a tweet or sharing
a photo on Facebook) the Individual may, at any time, ask MBSC to cease this engagement.
Enforcement
16. Any alleged violations of this Social Media Policy shall be addressed pursuant to MBSC’s Discipline and
Complaints Policy.
Privacy
17. The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy.
29
MBSC
Whistleblower Policy
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follow the legal practice of capitalized defined terms to assist the
reader in identifying that the term has a specific meaning within the policy suite.
Purpose
The intention of this policy is to support a culture where every Individual feels empowered and
supported in playing an active role in proactively working towards a safe sport culture in sailing in
Canada. This policy supplements, and does not replace, any procedures required by law, regulation, or
funding source requirements. MBSC is committed to ensuring our established and implemented policies
and procedures enable Individuals to come forward with information on illegal practices or violations of
organizational policies.
Scope
This policy applies to all Individuals and participants of Sail Canada, Ontario Sailing and MBSC and
complaints raised concerning policies, code of conducts, programs, services, or organization procedures
of MBSC
Policy
In keeping with MBSC goal of maintaining the highest standards of conduct and ethics, we will
investigate complaints of suspected fraudulent or dishonest use or misuse of our resources or property
by staff, Board members, consultants, volunteers, or registered participants. To maintain the highest
standards of service, MBSC will also investigate complaints concerning its programs and services.
Additionally, MBSC will not Retaliate against an employee who, in good faith, raised a complaint against
some practice of the organization, or of another individual or entity with whom MBSC has or had a
business relationship, based on a reasonable belief that the practice is in violation of law or a clear
mandate of policy.
Protection
No director, officer, employee, volunteer, or member/participant who in good faith Reports suspected
fraudulent or dishonest use or misuse of its resources or property or complaints concerning MBSC’s
programs and services shall suffer Maltreatment, Harassment, Retaliation, or adverse employment or
other consequences. An Individual who Retaliates against someone who has reported a violation in good
faith is subject to the process in the Discipline and Complaints Policy. For employees discipline up to and
including termination of employment is possible. This policy is intended to encourage and enable staff,
Board members, consultants, volunteers, or registered participants to raise serious concerns within the
30
organization prior to seeking resolution outside the organization. The Policy is in addition to any non-
Retaliation requirements contained in our human resource policies and those required by law.
Staff, Board members, volunteers, and all our stakeholders are encouraged to Report suspected
fraudulent or dishonest conduct or problems with services provided, following the procedures set forth
in the MBSC Safe Sport Policies. This includes, but is not limited to, concerns that may fall under the
mandate of the Office of the Sport Integrity Commissioner.
Reporting
A person’s concerns that fall outside MBSC’s Safe Sport Policies, and the role of the Independent Third
Party, about possible fraudulent or dishonest use or misuse of resources or property, or program
operation, should be reported to the President or if it involves the President, the Ontario Sailing. If, for
any reason, a person finds it difficult to report his or her concerns to this individual, they may report the
concerns directly to any member of the Board of Directors. Alternatively, to facilitate reporting of
suspected violations where the reporter wishes to remain anonymous, a written statement may be
submitted to one of the Directors on the Board.
Investigation
All relevant matters, including suspected but unproved matters, will be promptly reviewed and
analyzed, with documentation of the receipt, retention, investigation, and treatment of the complaint.
Appropriate corrective action will be taken, if necessary, and findings may be communicated to the
reporting person and their supervisor, if appropriate. Investigations may be conducted by the President,
the Board, Ontario Sailing or independent persons such as auditors and/or attorneys. Investigators will
endeavor to maintain and protect confidentiality, to the best of their ability as the situation allows.
This protection from Retaliation is not intended to prohibit supervisors from taking action, including
disciplinary action, in the usual scope of their duties and based on valid performance-related factors.
Individuals making complaints must be made in good faith; employees who intentionally make false
allegations are subject to disciplinary action in accordance with the organization’s human resource
policies.
Enforcement
Any alleged violations of this Whistleblower Policy shall be addressed pursuant to MBSC’s Discipline and
Complaints Policy.
Privacy
The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy.
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MBSC
Appeal Policy
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follows the legal practice of capitalized defined terms to assist the
reader in identifying that the term has a specific meaning within the policy suite.
Purpose
1. The purpose of this policy is to enable Individuals a fair, expeditious, and affordable Appeal process.
Scope
2. This policy applies to all Individuals.
3. Any Individual who is affected by a decision taken by the MBSC Board of Directors, of any Committee of
the Board of Directors, or of any entity or Individual who has been delegated authority to make
decisions on behalf of MBSC or its Board of Directors, including employees of MBSC, will have the right
to Appeal that decision, provided there are sufficient grounds for the Appeal, as set out in this policy.
4. This Appeal Policy will apply to decisions relating to:
a) Eligibility
b) Conflict of Interest
c) Membership
d) Disciplinary decisions made pursuant to MBSC’s relevant and applicable polices. This does not
include decisions made by the Office of Sports Integrity Commissioner or related entities as well
as decisions made by other sport partners including, but not limited to, Sail Canada and Ontario
Sailing.
5. This Appeal Policy will NOT apply to decisions relating to:
a) Decisions made by the Office of the Sports Integrity Commissioner or related entities
b) Infractions for doping offences, which are dealt with pursuant to the Canadian Anti-Doping
Program, by the Canadian Centre for Ethics in Sport
c) The technical rules of Sail Canada, as set out in the World Sailing Racing Rules of Sailing (RRS)
including the Sail Canada Prescriptions to the RRS and associated protests and Appeals.
d) Matters relating to regattas in Canada governed by international organizations such as the
Olympic Games, Pan American Games, World Championships, and similar Events organized by
entities other than MBSC, which are dealt with under the policies of these other entities.
e) Policy and procedures established by any other agency external to MBSC, including selection
criteria and quotas.
32
f) Contractual matters between MBSC and Individuals for which another dispute resolution
process exists under the provisions of the applicable contract
g) Operational matters such as employment matters or matters of operational structure, budget,
staffing, or volunteer leadership opportunities.
h) Criminal offences for which the Appellant(s) or Respondent is/are seeking a criminal conviction.
i) Settlements negotiated pursuant to the Dispute Resolution Policy
Grounds for Appeal
6. An Appeal may be heard only if there are sufficient grounds for the Appeal. Sufficient grounds
include:
a) Made a decision for which it did not have authority or jurisdiction to make, as set out in
Respondent’s governing documents.
b) Failed to follow its own procedures as set out in the Respondent’s governing documents
c) Made a decision which was influenced by bias, where bias is defined as a lack of neutrality to
such an extent that the decision-maker is unable to consider other views or that the decision
was made on the basis of, or significantly influenced by, factors unrelated to the merits of the
decision.
d) Made a decision that was grossly unreasonable or unfair.
7. The Appellant must demonstrate that the Respondent has made an error as described above and that
the error had, or may reasonably have had, a material effect of the decision or the Respondent.
Timing of Appeal
8. Individuals who wish to Appeal a decision will have fourteen (14) days from the date they received notice
of the decision, to submit their Appeal document in writing to MBSC President, who will appoint an
Appeal Manager.
9. Any Individual wishing to submit an Appeal document beyond the fourteen (14) day period must provide
a written request stating reasons for an exemption to the fourteen (14) day period. An Individual may
only do so under exceptional circumstances preventing them from filing their appeal within the time
period above. The decisions to allow, or not allow this exemption to the time period will be at the sole
discretion of the Appeal Manager and may not be appealed.
Appeal Submission
10. The formal Appeal document that is required to be submitted to commence an Appeal will include:
a. Notice of the intention to Appeal
b. Their contact information
c. Name of the Respondent and any Affected Parties, when known to the Appellant
d. Date the Appellant was advised of the decision being appealed
e. A copy of the decision being appealed, or description of the decision if a written document is not
available
f. Grounds and detailed reasons for the Appeal
g. All evidence that supports these grounds
h. Requested remedy or remedies
i. An administration fee of two hundred and fifty dollars ($250), which will be refunded if the
Appeal is granted, which may be waived or exempted at the discretion of the Appeal Manager
(e.g., in cases of proven financial hardship).
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11. The Appeal Manager has an overall responsibility to ensure procedural fairness is respected and to
implement the policy in a timely manner. More specifically, the Appeal Manager has a responsibility
to:
a) Receive the Appeal document.
b) Determine if the Appeal lies within the jurisdiction of this Policy.
c) Determine if the Appeal is brought in a timely manner.
d) Determine if the Appeal is brought on permissible grounds.
e) Appoint the Appeal panel to hear appeals.
f) Determine the format of the Appeal hearing.
g) Coordinate all administrative and procedure aspects of the Appeal.
h) Provide administrative assistance and logistical support to the Appeal Panel as required; and
i) Provide any other service or support that may be necessary to ensure a fair and timely Appeal
proceeding.
12. Upon commencement of the Appeal, the Appeal Manager will discuss the circumstances with the
Appellant(s) and, without any delay, will notify the Respondent(s) in writing and forward a copy of the
Appeal Document to the Respondent(s).
13. Notwithstanding any other provision in this Appeal Policy, by agreement between the Parties, the
internal appeal process in relation to decisions made by Sail Canada only may be bypassed, and the
appeal may be heard directly before the SDRCC. Except where an appeal proceeds before the SDRCC,
Sail Canada or the relevant Provincial Sailing Association (as applicable) shall appoint an Appeal Manager
and shall follow the process outlined in Sections 21 and following of this Appeal Policy, modified and
applied accordingly based on the circumstances.
Dispute Resolution
14. Before proceeding further, the Appeal Manager and/or Appeal Panel may suggest, and the Parties may
consent, the Appeal to be heard under MBSC’s Dispute Resolution Policy.
Screening of Appeal
15. Within five (5) days of receiving the Appeal, the Appeal Manager will determine whether there are
appropriate grounds for the Appeal as set out in this policy.
16. For purposes of screening the appeal, the facts as alleged by the Appellant(s) in the Appeal Document
shall be presumed to be correct unless such facts are, to the knowledge of the Appeal Manager, clearly
erroneous.
17. If the Appeal is denied on the basis of insufficient grounds, or because it was not submitted in a timely
manner, or because it did not fall under the scope of this Policy, the Appellant(s) and the Respondent(s)
will be notified in writing without delay of this decision and its reasons.
18. If the Appeal is accepted because it falls under the scope of this Policy, there are sufficient grounds, and
it was submitted in a timely manner, the Appellant(s) and the Respondent(s) will be notified in writing
without delay of this decision and its reasons.
Appeal Panel
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19. If the Appeal is accepted, the Appeal Manager will appoint an Appeal Panel. The Panel will be comprised
of one Individual, unless the Appeal Manager determines a need to have an Appeal Panel comprised of 3
individuals, in which case one will be appointed chair.
20. When appointing the Appeal Panel, the Appeal Manager must select Individuals who are impartial, free
from any real or perceived conflict of interest (and who shall remain so until a final decision has been
rendered or the proceedings have otherwise finally terminated), and who do not have any direct
relationship with any of the Parties. Although not a strict requirement, the Appeal Manager should
attempt to appoint Individuals to the Appeal Panel who have a legal background and who understand
dispute resolution. When justified by the circumstances, the Appeal Manager may appoint Individuals to
the Appeal Panel who have specific areas of expertise that would assist in resolving the matter. In
fulfilling its duties, the Appeal Panel may obtain independent advice.
Procedure for Appeal Hearing
21. The Appeal Manager shall notify the Parties that the Appeal will be heard. The Appeal Manager, in
collaboration with the Appeal Panel, shall then decide the format under which the Appeal will be heard.
This decision is at the sole discretion of the Appeal Manager and may not be appealed.
22. If a Party chooses not to participate in the hearing, the hearing will proceed in any event.
23. The format of the hearing may involve an oral in-person hearing, an oral hearing by telephone or other
electronic means, a hearing based on a review of documentary evidence submitted in advance of the
hearing, a hearing based on documentary submissions alone, or a combination of these methods. The
hearing will be governed by the procedures that the Appeal Panel, with the assistance of the Appeal
Manager, deem appropriate in the circumstances, provided that:
a) The hearing will be held in a timely manner
b) The Parties will be given reasonable notice of the day, time and place of an oral in-person
hearing or oral hearing by telephone or electronic communications.
c) Copies of any written documents which the Parties wish to have the Appeal Panel consider will
be provided to all Parties in advance of the hearing
d) The Parties may be accompanied by a representative, advisor, or legal counsel at their own
expense
e) The Appeal Panel may request that any other Individual participate and give evidence at an oral
in-person hearing or oral hearing by telephone or electronic communications.
f) The Appeal Panel may allow as evidence at the hearing any oral evidence and document or thing
relevant to the subject matter of the Appeal but may exclude such evidence that is unduly
repetitious and shall place such weight on the evidence as it deems appropriate.
g) If a decision in the Appeal 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.
h) Any Affected Party shall be permitted to make submissions and file evidence before the Appeal
Panel. The Appeal Panel’s decision is binding on any Affected Party The decision to uphold or
reject the Appeal will be by a majority vote of the Appeal Panel members, except in cases where
the Panel consists of a single member.
Appeal Decision
Midland Bay Sailing Club,mbsc1@midlandbaysailingclub
www.midlandbaysailingclub.com
35
24. Within fourteen (14) days of concluding the Appeal, the Panel will issue its written decision, with
reasons. In making its decision, the Panel will have no greater authority than that of the original
decision-maker. The Panel may decide:
a) To reject the Appeal and confirm the decision being appealed.
b) To grant the Appeal, in part or in whole, and refer the matter back to the initial decision-maker
for a new decision.
c) To grant the Appeal, in part or in whole, and vary the decision 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.
d) To determine how costs of the Appeal, excluding legal fees and legal disbursements of any of
the Parties, will be assessed against any party. When assessing such costs, the Panel shall
consider the outcome of the proceedings, the conduct of the Parties and their respective
financial resources.
25. A copy of this written decision will be provided to all of the Parties and to the Appeal Manager and to
Ontario Sailing and Sail Canada. In extraordinary circumstances, the Panel may issue a verbal decision or
a summary written decision, with full written decision to be issued thereafter.
Timelines
26. If the circumstances of the Appeal are such that adhering to the timelines outlined by this Policy will not
allow a timely resolution to the Appeal, the Appeal Manager and/or Panel may direct that these
timelines be revised.
Confidentiality
27. The Appeal process is confidential and involves only the Parties, the Appeal Manager, the Panel, and any
independent advisors to the Panel. Once initiated and until a decision is released, none of the Parties
will disclose confidential information to any person not involved in the proceedings. Any failure to
respect the confidentiality requirement may result in disciplinary action being taken against the
Individual(s) in accordance with MBSC’s relevant and applicable policies.
Final and Binding
28. The decision of the Panel will be final and binding on the Parties and on all the Association’s Individuals,
subject to their right to appeal the decision before the SDRCC in accordance with the Canadian Sport
Dispute Resolution Code.
29. No action or legal proceeding will be commenced against MBSC or any Individuals in respect of a dispute
unless MBSC has refused or failed to provide or abide by the dispute resolution process and/or Appeal
process as set out in governing documents.
Privacy
30. The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy. Ontario Sailing, or any of its delegates pursuant to this Policy (i.e., Appeal
Manager, Appeal Panel), shall comply with MBSC’s Privacy Policy in the performance of their services
under this Policy.
36
MBSC
Discipline and Complaints Policy
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follows the legal practice of capitalized defined terms to assist the
reader in identifying that the term has a specific meaning within the policy suite.
PURPOSE
1. Individuals are expected to fulfill certain responsibilities and obligations including, but not limited to,
complying with all policies, by-laws, rules, and regulations of MBSC, including the Code of Conduct,
as updated, and amended from time to time.
2. Non-compliance with any of MBSC’s policies, by-laws, rules, or regulations, including the Code of
Conduct may result in the imposition of sanctions pursuant to this Policy [or the by-laws of MBSC.
APPLICATION
Application – General
3. This Policy applies to all Individuals and to any alleged breaches of MBSC’s policies, by-laws, rules or
regulations, including the Code of Conduct.
4. In addition to being subject to disciplinary action pursuant to this Policy, an employee of MBSC who
is a Respondent to a complaint may also be subject to consequences in accordance with the
employee’s employment agreement or the policies for human resources, if applicable.
REPORTING
UCCMS Participants
5. Incidents that involve alleged Maltreatment or Prohibited Behaviour that occurred or continued as
of MARCH 1ST, 2023 involving a UCCMS Participant must be reported to the OSIC
[https://osicbcis.formstack.com/forms/osic_complaint_report] and will be addressed pursuant to
the OSIC’s policies and procedures.
6. Incidents that involve alleged Maltreatment or Prohibited Behaviour that occurred before MARCH
1ST, 2023 may be reported to the OSIC; however, the OSIC shall determine the admissibility of such
complaints in accordance with the relevant and applicable OSIC Guidelines regarding the initial
review and preliminary assessment, and the matter may only proceed pursuant to the OSIC’s
procedures with the express consent of the Parties involved where the Parties have not been
designated by Sail Canada as a UCCMS Participant.
7. If the Independent Third Party receives a Complaint that they consider would otherwise fall within
the above sections, they shall refer the matter to the OSIC and notify the individual(s) that made the
Complaint of such action.
37
Individuals
8. Any complaints involving alleged breaches of MBSC’s policies that do not fall within Sections 5 or 6
above may be reported by an Individual to the Independent Third Party (available on the MBSC
website) in writing within fourteen (14) days of the occurrence of the incident.2
For the avoidance
of doubt, this includes complaints referred back to the Independent Third Party by the OSIC
following a determination made by the OSIC that a complaint initially reported to it does not fall
within its jurisdiction.
9. Notwithstanding any provision in this Policy, MBSC may, at its discretion, or upon request by the
Independent Third Party, act as the Complainant and initiate the complaint process under the terms
of this Policy. In such cases, MBSC will identify an individual to represent the organization.
10. A Complainant who fears retribution or reprisal or who otherwise considers that their identity must
remain confidential may file a complaint with the Independent Third Party and request that their
identity be kept confidential. If the Independent Third Party considers that the Complainant’s
identity must remain confidential, the Independent Third Party may ask that MBSC take carriage of
the complaint and act as the Complainant.3
11. In exceptional circumstances, the Independent Third Party may direct a complaint to be managed by
Ontario Sailing or Sail Canada if a Member Organization is otherwise unable to manage the
complaint for valid and justifiable reasons, such as a conflict of interest, due to a lack of capacity or
where the Member Organization does not have policies in place to address the complaint. In such
circumstances, Ontario Sailing, or Sail Canada as applicable, shall have the right to request that a
cost-sharing agreement be entered into with the Member Organization as a pre-condition to
Ontario Sailing or Sail Canada managing the complaint.
12. Where the Independent Third Party refers a matter to be managed by MBSC, or where MBSC is
otherwise responsible for managing a matter (i.e., because they received the matter directly), and
MBSC fails to conduct disciplinary proceedings within a reasonable timeline, Ontario Sailing may, at
its discretion, take jurisdiction of the matter and conduct the necessary proceedings. In such
circumstances, if the Internal Discipline Chair or External Discipline Panel decides that Ontario
Sailing acted reasonably in taking jurisdiction over the matter, Ontario Sailing’s costs to conduct the
proceedings, including legal fees, shall be reimbursed by MBSC to Ontario Sailing or Sail Canada as
appropriate.
MINORS
13. Complaints may be brought by or against an Individual who is a Minor. Minors must have a
parent/guardian or other adult serve as their representative during this process. If the Minor’s
representative is not their parent/guardian, the representative must have written permission to act
in such a capacity from the Minor’s parent/guardian.
14. Communication from the Independent Third Party, Internal Discipline Chair or External Discipline
Panel (as applicable) must be directed to the Minor’s representative, or Parent/Guardian until such
a time as a representative is identified.
15. Any Individual who Reports or brings a complaint involving known or suspected abuse, neglect, or
Maltreatment of a Minor on behalf of the Minor must Report this to local child welfare services, the
applicable provincial social service ministries or departments, or local police.
2 This timeline may be waived at the Independent Third Party’s sole discretion if they consider that there were
extenuating circumstances that prevented the Individual from Reporting their complaint within fourteen (14) days
of the occurrence of the incident. Any such decision by the Independent Third Party is not subject to appeal. 3 In such circumstances, the Complainant(s) may be required to provide evidence during the disciplinary process.
38
16. A Minor is not required to attend or participate in an oral hearing, if held, or participate in an
investigation if conducted. In such circumstances, no adverse inference can be drawn against the
Minor.
INDEPENDENT THIRD-PARTY RESPONSIBILITIES
17. Upon receipt of a complaint, the Independent Third Party has a responsibility to:
a) Determine whether the complaint falls within the jurisdiction of this Policy and whether it
has been submitted in accordance with the deadlines indicated herein;
b) Determine the appropriate jurisdiction to manage the complaint by considering the
following:
i. whether the incident occurred within the business, activities, or Events of MBSC and
ii. if MBSC is able to manage the complaint process4
.
c) Determine whether the complaint is frivolous, vexatious or if it has been made in bad faith5
;
d) Determine if the alleged incident should be investigated pursuant to Appendix A –
Investigation Procedure; and
e) Choose which process (Process #1 or Process #2, as outlined below) should be followed to
hear and adjudicate the matter.
Available Process
There are two different processes that may be used to hear and adjudicate complaints. Subject to
Sections 5-7, the Independent Third Party decides which process should be followed at their discretion,
and such decision is not appealable.
Process #1 – the complaint contains allegations involving the following behaviours:
a) Disrespectful conduct or comments
b) Minor acts of physical violence, unless the physical violence is between a Person in
Authority and a Vulnerable Individual, in which case the matter will be addressed
under Process #2
c) Conduct contrary to the values of MBSC
d) Non-compliance with the policies, procedures, rules, or regulations of MBSC
e) Minor violations of the policies or bylaws of MBSC.
4 In making this assessment, the Independent Third Party may determine that the Member Organization lacks the
capacity to manage the complaint (which may include financial and human resource capacity), that the Member
Organization is not the appropriate instance to manage the complaint due to its seriousness (for example, clubs
may not be expected to manage serious complaints due to the complexity of conducting such a process), or that a
real or perceived conflict of interest exists within the Member Organization.
If the Independent Third Party determines that the Complaint or Report should be handled by a Member
Organization, that organization may adopt this Policy and appoint its own Independent Third Party to fulfil the
responsibilities listed herein. Where this Policy is adopted by a Member organization or affiliated organization, any
reference to Independent Third Party below shall be understood as a reference to the Independent Third Party of
the Member Organization or affiliated organization.
5 As indicated in the Sport Dispute Resolution Centre of Canada’s Investigation Guidelines, a Reported complaint
shall not be characterized as vexatious if the evidence demonstrates that there was a reasonable basis for filing
and pursuing it. For a complaint to be considered to have been made in bad faith, the Independent Third Party
must consider that it was filed consciously for a dishonest purpose or due to the moral underhandedness of the
Complainant and that there was an intention to mislead.
39
*** The behaviours identified above are examples only and are not a definitive list of behaviours that may
be addressed through Process #1.
Process #2 – the complaint contains allegations involving the following behaviours:
a) Repeated incidents described in Process #1
b) Hazing
c) Abusive, racist, or sexist comments, conduct or behaviour
d) Incidents that constitute Prohibited Behaviour under the Code of Conduct & Ethics(the
Code) or the UCCMS
e) Major incidents of violence (e.g., fighting, attacking)
f) Pranks, jokes, or other activities that endanger the safety of others
g) Conduct that intentionally interferes with a competition or with any athlete’s
preparation for a competition
h) Conduct that intentionally damages the image, credibility, or reputation of MBSC
i) Consistent disregard for the by-laws, policies, rules, and regulations of MBSC
j) Major or repeated violations of the Code or any other policies, by-laws, rules or
regulations that designate this Discipline and Complaints Policy as applicable to
address such alleged breaches
k) Intentionally damaging the property of MBSC or improperly handling any of the
aforementioned organizations’ monies
l) Abusive use of alcohol, any use or possession of alcohol by Minors, or use or possession
of illicit drugs and narcotics
m) A conviction for any Criminal Code offense
***The behaviours identified above are examples only and are not a definitive list of behaviours that may
be addressed through Process #2.
PROVISIONAL SUSPENSIONS
18. If it is considered appropriate or necessary on the basis of the circumstances, immediate discipline
or the imposition of a Provisional Suspension or interim measures may be imposed against any
Individual by the Independent Third Party, or MBSC senior staff member, after which further
discipline or sanctions may be applied according to this Policy.
19. If an infraction occurs at a competition, it will be dealt with by the procedures specific to the
competition, if applicable. Provisional Suspensions or interim measures may be imposed for the
duration of the competition, training, activity, or Event only, or as otherwise determined
appropriate by the Independent Third Party, or MBSC senior staff member.
20. Notwithstanding the above, MBSC and/or Independent Third Party may determine that an alleged
incident is of such seriousness as to warrant the imposition of a Provisional Suspension of a
Respondent pending completion of an investigation, assessment and/investigation by the OSIC,
criminal process, the hearing, or a decision of the External Discipline Panel.
21. Any Respondent against whom a Provisional Suspension or interim measure is imposed may make a
request to the Independent Third Party or External Discipline Panel (if appointed) to have the
Provisional Suspension or interim measure lifted. In such circumstances, MBSC shall be provided
with an opportunity to make submissions, orally or in writing, regarding the Respondent’s request to
have their Provisional Suspension lifted. Provisional Suspensions or interim measures shall only be
lifted in circumstances where the Respondent establishes that it would be manifestly unfair to
maintain the Provisional Suspension or interim measures against them.
22. Any decision not to lift a Provisional Suspension or interim measure shall not be subject to appeal.
40
Procedural Steps
PROCESS #1: Handled by Internal Discipline Chair
Internal Discipline Chair
23. Following the determination that the complaint or incident should be handled under Process #1, the
Independent Third Party will ensure an Internal Discipline Chair6 is appointed who may:
a) Propose alternative dispute resolution techniques, if appropriate; and/or
b) Ask the Complainant and the Respondent for either written or oral submissions regarding
the complaint or incident. Both Parties shall also have the right to submit to the Internal
Discipline Chair any relevant evidence, including, but not limited to witness statements,
documentary evidence or evidence from other media (i.e., photos, screenshots, videos or
other recordings). Each party shall have the right to receive the other party’s submissions
and evidence, including the Complainant’s complaint. In the case of oral submissions, each
party shall be present when such submissions are made; and/or
c) Following receipt of the Parties’ submissions, the Internal Discipline Chair may convene the
Parties to a meeting, either in person or by way of video or teleconference in order to ask
the Parties questions and to allow the Parties to ask questions of one another.
24. Following their review of the submissions and evidence related to the Complaint, the Internal
Discipline Chair shall determine if any of the alleged incidents have occurred and, if so, determine
the appropriate sanction (see: Sanctions). If, after hearing the Parties and reviewing their
submissions, the Internal Discipline Chair considers that none of the alleged incidents have occurred,
they shall dismiss the Complaint.
25. The Internal Discipline Chair will inform the Parties of the decision, which shall be in writing and
include reasons. The Internal Discipline Chair’s decision will take effect immediately, unless specified
otherwise by the Internal Discipline Chair. Should the circumstances require a decision to be
rendered immediately or within a short timeline, the Internal Discipline Chair may render a short,
written decision, either orally or in writing, followed by a written reasoned decision.
26. Any decision rendered by the Internal Discipline Chair shall be provided to and maintained in the
records of MBSC, Ontario Sailing, and Sail Canada as applicable. Decisions will be kept confidential
by the parties and the aforementioned organizations and shall be retained and discarded in
accordance with the relevant and applicable privacy legislation.
27. In fulfilling its duties, the Internal Discipline Panel may obtain independent advice.
PROCESS #2: Handled by Independent Third Party and External Discipline Panel
Independent Third Party
28. Following the determination that the complaint should be handled under Process #2, the
Independent Third Party will propose the use of alternative dispute resolution methods, if
appropriate. If the dispute is not resolved using alternative dispute resolution methods, the
Independent Third Party will appoint an External Discipline Panel of one (1) person to hear the
complaint. Thereafter, the Independent Third Party shall have the following responsibilities:
a) Coordinate all administrative aspects of the process and set reasonable timelines
b) Provide administrative assistance and logistical support to the External Discipline Panel
as required, including providing the External Discipline Panel with any information
related to previously imposed disciplinary sanctions against the Respondent(s) of the
policies of Sail Canada, Ontario Sailing, MBSC or any other sport organization that had
authority over the Respondent
6 The appointed Internal Discipline Chair must be unbiased and not in a conflict-of-interest situation.
41
c) Provide any other service or support that may be necessary to ensure a fair and timely
proceeding
29. The Independent Third Party will establish and adhere to timelines that ensure procedural fairness
and that the matter is heard in a timely fashion.
30. If warranted based on the nature of the case, the Independent Third Party may, in their sole
discretion, appoint an External Discipline Panel of three (3) people. When a three-person External
Discipline Panel is appointed, the Independent Third Party will appoint one of the External Discipline
Panel’s members to serve as the Chair.
31. The Independent Third Party, in cooperation with the External Discipline Panel, will then decide the
format under which the complaint will be heard. This decision may not be appealed. The format of
the hearing may be an oral in-person hearing, an oral hearing by telephone or other communication
medium, a hearing based on a review of documentary evidence submitted in advance of the
hearing, or a combination of these methods.
32. The hearing will be governed by the procedures that the Independent Third Party and the External
Discipline Panel deem appropriate for the circumstances. The following procedural directions will
apply:
a) The determination of procedures and timelines, as well as a hearing duration, shall be as
expedient and cost-efficient as possible in order to ensure that costs to the Parties and
Sail Canada, Ontario Sailing, and/or MBSC are reasonable
b) The Parties will be given appropriate notice of the day, time, and place of the hearing
c) Copies of any written documents which any of the Parties wishes to have the External
Discipline Panel consider will be provided to all Parties, through the Independent Third
Party, in advance of the hearing and in accordance with the timelines set by the
Independent Third Party.
d) The Parties may engage a representative, advisor, translator, transcription services or
legal counsel at their own expense
e) The External Discipline Panel may request that any other individual participate and give
evidence at the hearing
f) If not a Party, MBSC and/or Ontario Sailing shall be allowed to attend the hearing as an
observer and will be provided with access to any documents submitted. With the
permission of the External Discipline Panel, MBSC and/or Ontario Sailing may make
submissions at the hearing or may provide the discipline panel with clarifying information
that may be required for the External Discipline Panel to render its decision7
g) The External Discipline Panel shall allow any evidence at the hearing filed by the parties
and may exclude any evidence is unduly repetitious or otherwise an abuse of process. The
External Discipline Panel shall otherwise apply relevant and applicable evidentiary rules in
relation to the admissibility and weight given to evidence filed by the parties
h) Nothing is admissible in evidence at a hearing that:
i. would be inadmissible in a court by reason of any privilege under the law of
evidence; or
7 The purpose of this provision is not to provide Sail Canada or a Member Organization with the possibility to try to
influence whether a sanction is imposed and, if so, the duration or nature of the sanction. Instead, this provision is
intended to provide Sail Canada or a Member Organization with the possibility to provide the discipline panel with
clarifying information when the parties have sought a particular sanction against an Individual, but they have
misunderstood or misrepresented fundamental elements of the programming or membership structure (or other
similar issues) and, if left unaddressed, could result in the discipline panel imposing a sanction that is unenforceable.
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ii. is inadmissible by any statute.
i) The decision will be by a majority vote of the External Discipline Panel, when the Panel
consists of three people
33. If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing, in
which case the External Discipline Panel will determine the appropriate sanction. The External
Discipline Panel may still hold a hearing for the purpose of determining an appropriate sanction.
34. The process will proceed if a Party chooses not to participate in the hearing.
35. If a decision may affect another Party to the extent that the other Party would have recourse to a
complaint or an appeal in their own right, that Party will become a Party to the complaint, shall be
permitted to participate in the proceedings as determined by the External Discipline Panel, and will
be bound by the decision.
36. In fulfilling its duties, the External Discipline Panel may obtain independent advice.
DECISION
37. After hearing the matter, the External Discipline Panel will determine whether an infraction has
occurred and, if so, the sanctions to be imposed. If the External Discipline Panel considers that an
infraction has not occurred, the Reported complaint will be dismissed.
38. Within fourteen (14) days of the hearing’s conclusion, the External Discipline Panel’s written
decision, with reasons, will be distributed to all parties by the Independent Third Party, including
and, MBSC and if applicable, Sail Canada and Ontario Sailing.
39. In extraordinary circumstances, the External Discipline Panel may first issue a verbal or summary
decision soon after the hearing’s conclusion, with the full written decision to be issued before the
end of the fourteen (14) day period.
40. The External Discipline Panel’s decision will come into effect as of the date that it is rendered, unless
decided otherwise by the External Discipline Panel. The External Discipline Panel’s decision will apply
automatically to Sail Canada and all of its Member Organizations.
41. Unless the matter involves a Vulnerable Individual, once the appeal deadline in the Appeal Policy
has expired, Sail Canada, Ontario Sailing, or MBSC shall publish on their website the outcome of the
case, the provision(s) of the relevant policies that have been violated, the name(s) of the
Individual(s) involved and the sanction(s) imposed, if any. If the matter is appealed, the publication
provisions in the Appeal Policy shall apply. Identifying information regarding Minors or Vulnerable
Individuals will never be published.
42. If the External Discipline Panel dismisses the Reported complaint, the information referred to in
Section 41 above may only be published with the Respondent’s consent. If the Respondent does not
provide such consent, the information referred to in Section 41 above will be kept confidential by
the Parties, the independent Third Party, Ontario Sailing, Sail Canada and the Member Organization
(including the Respondent’s organization) and shall be retained and discarded in accordance with
the relevant and applicable privacy legislation. Failure to respect this provision may result in
disciplinary action being taken pursuant to this Discipline and Complaints Policy.
43. Other relevant individuals or organizations, including but not limited to, Sail Canada, affiliate
organizations, etc., may be advised of any decisions rendered in accordance with this Policy.
44. Records of all decisions will be maintained by MBSC in accordance with their Privacy Policy.
45. When the External Discipline Panel imposes a sanction, the decision shall include, at a minimum, the
following details:
a) Jurisdiction;
b) Summary of the facts and relevant evidence;
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c) The specific provision(s) of MBSC’s policies, bylaws, rules or regulations that have been
breached;
d) Which Party is responsible for the costs of implementing any sanction;
e) Which organization is responsible for monitoring that the sanctioned individual respects
the terms of the sanction;
f) Any reinstatement conditions that the Respondent must satisfy (if any);
g) Which organization is responsible for ensuring that the conditions have been satisfied;
and,
h) Any other guidance that will assist the Parties to implement the External Discipline
Panel’s decision.
If necessary, a Party, – or the organization that is responsible for implementing or monitoring a sanction-
may seek clarifications from the External Discipline Panel regarding the order so that it can be
implemented or monitored appropriately.
SANCTIONS
46. When determining the appropriate sanction, the Internal Discipline Chair or External Discipline
Panel, as applicable, will consider the following factors (where applicable):
a) The nature and duration of the Respondent’s relationship with the Complainant, including
whether there is a Power Imbalance;
b) The Respondent’s prior history and any pattern of misconduct, Prohibited Behaviour or
Maltreatment;
c) The respective ages of the Individuals involved;
d) Whether the Respondent poses an ongoing and/or potential threat to the safety of others;
e) The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the
misconduct, Prohibited Behaviour or Maltreatment, and/or cooperation in the investigative
and/or disciplinary process of MBSC;
f) Real or perceived impact of the incident on the Complainant, sailing organization or the
sport of sailing;
g) Circumstances specific to the Respondent being sanctioned (e.g., lack of appropriate
knowledge or training regarding the requirements in the Code; addiction; disability; illness);
h) Whether, given the facts and circumstances that have been established, continued
participation in the sailing and broader sport community is appropriate;
i) A Respondent who is in a position of trust, intimate contact or high-impact decision-making
may face more serious sanctions; and/or
j) Other mitigating or aggravating circumstances.
47. Any sanction imposed must be proportionate and reasonable. However, progressive discipline is not
required, and a single incident of Prohibited Behaviour/Maltreatment or other misconduct may
justify elevated or combined sanctions.
48. The Internal Discipline Chair or External Discipline Panel, as applicable, may apply the following
disciplinary sanctions, singularly or in combination:
a) Verbal or Written Warning – A verbal reprimand or an official, written notice and formal
admonition that an Individual has violated the Code and that more severe sanctions will
result should the Individual be involved in other violations
b) Education – The requirement that an Individual undertake specified educational or similar
remedial measures to address the violation(s) of the Code or the UCCMS
c) Probation – Should any further violations of the Code or the UCCMS occur during the
probationary period, this may result in additional disciplinary measures, including, without
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limitation, a period of suspension or permanent ineligibility. This sanction can also include
loss of privileges or other conditions, restrictions, or requirements for a specified period
d) Suspension – Suspension, either for a set time or until further notice, from participation, in
any capacity, in any program, activity, Event, or competition sponsored by, organized by, or
under the auspices of Ontario Sailing, Sail Canada or any Member Organization. A
suspended Individual may be eligible to return to participation, but reinstatement may be
subject to certain restrictions or contingent upon the Individual satisfying specific
conditions noted at the time of suspension
e) Eligibility Restrictions – Restrictions or prohibitions from some types of participation but
allowing participation in other capacities under strict conditions
f) Permanent Ineligibility – Ineligibility to participate in any capacity in any program, activity,
Event, or competition sponsored by, organized by, or under the auspices of Sail Canada,
Ontario Sailing, or any Member Organization.
g) Other Discretionary Sanctions – Other sanctions may be imposed, including, but not limited
to, other loss of privileges, no contact directives, a fine or a monetary payment to
compensate for direct losses, or other restrictions or conditions as deemed necessary or
appropriate
49. The Internal Discipline Chair or External Discipline Panel, as applicable, may apply the following
presumptive sanctions which are presumed to be fair and appropriate for the listed Maltreatment:
a) Sexual Maltreatment involving a Minor Complainant, or a Complainant who was a Minor at
the time of the incidents complained of, shall carry a presumptive sanction of permanent
ineligibility
b) Sexual Maltreatment, Physical Maltreatment with contact, and Maltreatment related to
interference or manipulation of process shall carry a presumptive sanction of either a
period of suspension or eligibility restrictions
c) While a Respondent has pending charges allegations of a crime against a person, if justified
by the seriousness of the offence, the presumptive sanction shall be a period of Provisional
Suspension until a final determination is made by the applicable process.
50. An Individual’s conviction for certain Criminal Code offenses involving harmful conduct shall carry a
presumptive sanction of permanent ineligibility from participating with Sail Canada or its Member
Organizations. Such Criminal Code offences may include, but are not limited to:
a) Any child pornography offences
b) Any sexual offences
c) Any offence of physical violence
51. Unless the External Discipline Panel decides otherwise, any disciplinary sanctions will begin
immediately, notwithstanding an appeal.
52. Failure to comply with a sanction as determined by the External Discipline Panel will result in an
automatic suspension until such time as compliance occurs.
OSIC SANCTION
53. As a Program Signatory to the OSIC, Sail Canada will ensure that any sanctions or measures imposed
by the OSIC’s Director of Sanctions and Outcomes (“DSO”) will be implemented and respected
within Sail Canada’s jurisdiction (including at all Member Organizations), once Sail Canada receives
appropriate notice of any sanction or measure from the OSIC. MBSC is committed to supporting and
enforcing these sanctions.
APPEALS
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54. The decision of an Internal Discipline Chair or External Discipline Panel, as applicable, may be
appealed in accordance with the Appeal Policy.
CONFIDENTIALITY
55. The disciplinary process is confidential and involves only MBSC, Ontario Sailing and Sail Canada
and/or the Member Organizations (where applicable), the Parties, the Independent Third Party, the
Internal Discipline Chair, the External Discipline Panel (as appropriate), and any independent
advisors to the Internal Discipline Panel and External Discipline Panel.
56. None of the Parties (or their representatives or witnesses) or organizations referred to in Section 55
will disclose confidential information relating to the discipline or Complaint to any person not
involved in the proceedings, unless Sail Canada, Ontario Sailing or MBSC is required to notify an
organization such as an international federation, Sport Canada or other sport organization including
Member Organizations (i.e., where a Provisional Suspension or interim measures have been
imposed and communication is required to ensure that they may be enforced), or notification is
otherwise required by law.
57. Any failure to respect the confidentiality requirement may result in further sanctions or discipline by
the Internal Discipline Chair or External Discipline Panel (as applicable).
TIMELINES
58. If the circumstances of the complaint are such that adhering to the timelines outlined by this Policy
will not allow a timely resolution to the complaint, the Independent Third Party may direct that
these timelines be revised.
Statistical Reporting Optional
59. Sail Canada and Ontario Sailing shall, at least annually, publish a general statistical report of the
activity that has been conducted pursuant to this Discipline and Complaints Policy. This report shall
not include any information that is confidential under this Policy, or that has been ordered to be
kept confidential by a discipline or appeal panel, but may include the number of complaints
Reported to the Independent Third Party (for Sail Canada and Member Organizations), and statistics
regarding the number of cases that were resolved through alternate dispute resolution, the Internal
Discipline Chair process, the External Discipline Panel process, and the number of appeals filed
pursuant to the Appeal Policy and whether the appeals were upheld, partially upheld or dismissed.
Privacy
60. The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy.
61. MBSC, Sail Canada, its Member Organizations, or any of their delegates pursuant to this Policy (e.g.,
Independent Third Party, Internal Discipline Chair, Case Manager, External Discipline Panel), shall
comply with MBSC’s Privacy Policy (or, the Member Organization’s Privacy Policy) in the
performance of their services under this Policy.
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Appendix A – Investigation Procedure
Determination
1. When a complaint is submitted pursuant to the Policy and is accepted by the Independent Third
Party, the Independent Third Party will determine if the incident(s) should be investigated.
Investigation
2. If the Independent Third Party considers that an investigation is necessary, they will appoint an
investigator. The investigator must be an independent third-party with experience in investigating.
The investigator must not be in a conflict-of-interest situation and should have no connection to
either party.
3. Federal and/or Provincial/Territorial legislation related to Workplace Harassment may apply to the
investigation if Harassment was directed toward an employee in a Workplace. The investigator
should review workplace safety legislation, the organization’s policies for human resources, and/or
consult independent experts to determine whether legislation applies to the complaint.
4. The investigation may take any form as decided by the investigator, guided by any applicable
Federal and/or Provincial/Territorial legislation. The investigation may include:
a) Interviews with the Complainant
b) Witness interviews
c) Statement of facts (Complainant’s perspective) prepared by investigator, acknowledged by
the Complainant and provided to the Respondent
d) Interviews with the Respondent
e) Statement of facts (Respondent’s perspective) prepared by investigator, acknowledged by
the Respondent and provided to the Complainant
Investigator’s Report
5. Upon completion of their investigation, the investigator shall prepare a written report that shall
include a summary of evidence from the Parties and any witnesses interviewed. The report shall also
include a non-binding recommendation from the investigator regarding whether an allegation or,
where there are several allegations, which allegations, should be heard by an External Discipline
Panel pursuant to the Discipline and Complaints Policy because they constitute a likely breach of the
Code of Conduct, the UCCMS or any other relevant and applicable NSO or Member Organization
policy. The investigator may also make non-binding recommendations regarding the appropriate
next steps (i.e., mediation, disciplinary procedures, further review, or investigation).
6. The investigator’s Report will be provided to the Independent Third Party who will disclose it, at
their discretion, all or part of the investigation to MBSC and any relevant Sail Canada Organizations
(if applicable). The Independent Third Party may also disclose the investigator’s Report – or a
redacted version to protect the identity of witnesses – to the Parties, at their discretion, with any
necessary redactions. Alternatively, and only, if necessary, other relevant Parties may be provided
with an executive summary of the investigator’s findings by the Independent Third Party.
7. Should the investigator find that there are possible instances of Criminal Code offences, the
investigator shall advise the Parties, MBSC and, where applicable, Sail Canada and/or Ontario
Sailing, and the matter shall be referred by the Independent Third Party to the police.
8. The investigator must also inform MBSC or Sail Canada and/or Ontario Sailing (as applicable) of any
findings of criminal activity. MBSC or Sail Canada and/or Ontario Sailing (as applicable) may decide
whether to report such findings to police but is required to inform police if there are findings related
to the trafficking of prohibited substances or methods (as indicated in the version of the World Anti-
Doping Agency’s Prohibited List currently in force), any sexual crime involving Minors, fraud against
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MBSC, Sail Canada or Ontario Sailing (as applicable), or other offences where the lack of reporting
would bring MBSC, Sail Canada or Ontario Sailing or the sport of sailing (as applicable) into
disrepute.
Reprisal and Retaliation
9. An Individual who submits a complaint to the independent Third Party or who gives evidence in an
investigation may not be subject to reprisal or retaliation from any individual or group or
organization provided that the complaint and/or evidence was provided in good faith. Any such
conduct may constitute Prohibited Behaviour and be subject to disciplinary proceedings pursuant to
the Discipline and Complaints Policy or, as applicable, the policies and procedures of the OSIC.
False Allegations
10. An Individual who submits allegations that the investigator determines to be malicious, false, or for
the purpose of retribution, retaliation or vengeance may be subject to a complaint under the terms
of the Discipline and Complaints Policy and may be required to pay for the costs of any investigation
that comes to this conclusion. The investigator may recommend to MBSC, Sail Canada or Ontario
Sailing (as applicable) that the Individual be required to pay for the costs of any investigation that
comes to this conclusion. Any Individual who is liable to pay for such costs shall be automatically
deemed to be not in good standing until the costs are paid in full and shall be prohibited from
participating in any MBSC, Sail Canada or Ontario Sailing Events, activities, or business. MBSC, Sail
Canada or Ontario Sailing (as applicable), or the Individual against whom the allegations were
submitted, may act as the Complainant with respect to making a complaint pursuant to this Section.
Confidentiality
11. The investigator will make reasonable efforts to preserve the anonymity of the Complainant,
Respondent, and any other party. However, MBSC, Sail Canada and Ontario Sailing recognizes that
maintaining full anonymity during an investigation may not be feasible.
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MBSC
Dispute Resolution Policy
Effective date April 4, 2023
Initial Approved Date April 4, 2023
Date last reviewed April 4, 2023
Archived date
Replaces and/or amends
Appendix(-ces) to this Policy
Note: The Safe Sport Policy Suite Definitions apply to this policy, please refer to that document for term
definitions. Our Safe Sport policies follows the legal practice of capitalized defined terms to assist the
reader in identifying that the term has a specific meaning within the policy suite.
Purpose
1. MBSC support Individuals in seeking to resolve their own conflicts and recognize that, in many cases,
disputes can be resolved directly and quickly in an informal way. In situations where direct action by
Individuals may be inappropriate or unsuccessful, we support the principles of Alternate Dispute
Resolution (ADR) to resolve disputes, which can be achieved through negotiation, facilitation, and
mediation. ADR avoids the uncertainty, costs, and other negative effects associated with lengthy
appeals or complaints, or with litigation.
2. MBSC encourages all Individuals to communicate openly, collaborate, and use problem-solving and
negotiation techniques to resolve their differences. MBSC believes that negotiated settlements are
usually preferable to arbitrated outcomes. Negotiated resolutions to disputes with and among
Individuals are strongly encouraged.
Application of this Policy
3. This Policy applies to all Individuals.
4. Opportunities for Alternate Dispute Resolution may be pursued at any point in a dispute when all
Parties to the dispute agree that such a course of action would be mutually beneficial. If the dispute
involves a potential Workplace Harassment or Workplace Violence situation, then the investigation
must be completed pursuant to the Workplace Violence and Workplace Harassment Policy before
consideration is given to ADR.
Facilitation and Mediation
5. If all Parties to a dispute agree to Alternate Dispute Resolution, a mediator or facilitator, acceptable
to all Parties shall be appointed to mediate or facilitate the dispute. The costs of mediation and
facilitation shall be borne by the Parties, unless agreed to otherwise with MBSC.
6. The mediator or facilitator shall decide the format under which the dispute shall be mediated or
facilitated and may if they consider it appropriate specify a timeline within which both Parties must
reach a negotiated decision.
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7. Should a negotiated decision be reached, the settlement shall be reported to MBSC, and Sail Canada
and/or Ontario Sailing (as applicable). Any actions that are to take place as a result of the decision
shall be enacted on the timelines specified by the negotiated settlement.
8. Should a negotiated decision not be reached by the deadline specified by the mediator or facilitator
or if the Parties to the dispute do not agree to Alternate Dispute Resolution, the dispute shall be
considered under the appropriate section of MBSC’s Discipline and Complaints Policy or Appeal
Policy.
Final and Binding
9. Any negotiated decision will be binding on the Parties and shall remain confidential and will be
protected by MBSC’s Privacy Policy, as applicable. Negotiated decisions may not be appealed.
10. No action or legal proceeding will be commenced against MBSC or any Sail Canada Organization in
respect of a dispute, unless MBSC or Ontario Sailing has refused or failed to provide or abide by the
dispute resolution process contained in its governing documents.
Privacy
11. The collection, use and disclosure of any personal information pursuant to this Policy is subject to
MBSC’s Privacy Policy.
12. MBSC or any of its delegates pursuant to this Policy shall comply with MBSC’s Privacy Policy in the
performance of their services under this Policy.