Governance

Governance Documents

BCSSA Policies and Procedures Manual #1 of 3 (Organizational Management)

Note: this is a copy of the policy available in the Policies and Procedures Manual as indicated above.

E-13 POLICY: Appeal Policy

NOTE: In this policy Member refers to all categories of Members in the BCSSA, as well as to all individuals engaged in activities with or employed by the BCSSA, including, but not limited to, athletes, coaches, officials volunteers, directors, officers, medical and paramedical personnel, administrators and employees (including contract personnel); Appellant refers to the member appealing a decision; and Respondent refers to the body whose decision is being appealed.

SCOPE OF APPEAL

  1. Any member of the BCSSA in good standing who is affected by a decision of the 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 the Board of Directors, shall have the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 6 of this policy. Such decisions may include, but are not limited to, harassment, selection and discipline, but shall exclude employment and contract matters unless specifically included.
  2. This Policy shall not apply to matters relating to the rules of speed skating, which may not be appealed.

TIMING OF APPEAL

  1. Timelines in this Policy are in total days, irrespective of weekends or holidays. Where a deadline falls on a weekend or holiday, the next business day shall be the deadline for the purpose of procedures under this Policy.
  2. Members who wish to appeal a decision shall have seven (7) days from the date on which they received notice of the decision, to submit written notice of their intention to appeal, along with detailed reasons for the appeal, to the President of the BCSSA or a designate.
  3. Any party wishing to initiate an appeal beyond the seven (7) day period must provide a written request stating reasons for an exemption to this requirement. The decision to allow, or not allow, an appeal outside the seven (7) day period shall be at the sole discretion of the President of the BCSSA or a designate.

GROUNDS FOR APPEAL

  1. A decision cannot be appealed on its merits alone. An appeal may be heard only if there are sufficient grounds for the appeal. Sufficient grounds include the Respondent:
    1. making a decision for which it did not have authority or jurisdiction as set out in governing documents;
    2. failing to follow procedures as laid out in the bylaws or approved policies of the BCSSA;
    3. making 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;
    4. exercising its discretion for improper purposes;
    5. making a decision based on a policy which is illegal or contrary to a statutory provision;
    6. making a decision which is grossly unreasonable and in no way supportable by facts.

E-13 PROCEDURE: Appeal Policy

  1. Within three (3) days of receiving the notice of appeal, the President of the BCSSA, or a designate, shall decide whether or not the appeal is based on one or more of the categories of possible errors by the Respondent as set out in Section 6. The President of the BCSSA shall not determine if the error has been made, only if the appeal is based on such allegation of error by the Respondent. In the absence of the President, a member of the Executive shall perform this function.
  2. If the appeal is denied on the basis of insufficient grounds, the Appellant shall be notified of the decision in writing, giving reasons. This decision is at the sole discretion of the President of the BCSSA, or a designate, and may not be appealed.

APPEAL PANEL

  1. If the President of the BCSSA, or a designate, is satisfied that there are sufficient grounds for an appeal, within seven (7) days of having received the original notice of appeal, the President of the BCSSA, or a designate, shall establish an Appeal Panel (the Panel) as follows:
    1. the Panel shall be comprised of three (3) individuals who shall have no significant relationship with the affected parties, shall have had no involvement with the decision being appealed, and shall be free from any other actual or perceived bias or conflict;
    2. at least one (1) of the Panel’s members may be from among the Appellant’s peers;
    3. in the event a peer is appointed to the panel, the Appellant shall be given the opportunity to recommend such person, provided that member satisfies criterion (a) above;
    4. should the Appellant not recommend the Panel member as set out in (c) above within three (3) days, the President of the BCSSA, or a designate, shall appoint the peer member of the Panel.

PRELIMINARY CONFERENCE

  1. The Panel may determine that the circumstances of the appeal warrant a preliminary conference:
    1. the matters which may be considered at a preliminary conference include date and location of hearing, timelines for exchange of documents, format for the appeal, clarification of issues in dispute, any procedural matter, order and procedure of hearing, remedies being sought, identification of witnesses, and any other matter which may assist in expediting the appeal proceedings.
  2. The Panel may delegate to its Chairperson the authority to deal with these preliminary matters.

PROCEDURE FOR THE APPEAL HEARING

  1. The Panel shall govern the appeal by such procedures as it deems appropriate, provided that:
    1. the appeal hearing shall be held within twenty-one (21) days of the Panel’s appointment;
    2. the Appellant, Respondent and Affected Parties shall be given fourteen (14) days written notice of the date, time and place of the appeal hearing;
    3. the Panel’s members shall select from themselves a Chairperson;
    4. a quorum shall be all three (3) Panel members;
    5. decisions shall be by majority vote, where the Chairperson carries a vote;
    6. copies of any written documents which any of the Parties would like the Panel to consider shall be provided to the Panel, and to all other parties, at least five (5) regular days in advance of the Hearing;
    7. any of the Parties may be accompanied by a representative or advisor, including legal counsel;
    8. if the matter under appeal relates to team selection, any person potentially affected by the decision of the Panel shall become a party to the appeal;
    9. the Panel may direct that any other individual participate in the appeal.
  2. In the event that one of the Panel’s members is unable or unwilling to continue with the appeal, the matter will be concluded by the remaining two (2) Panel members. Should the Chair of the Panel be unable or unwilling to continue with the appeal, the remaining Panel members shall appoint a Chair from among themselves. If they are unable to select a Chair, the President shall appoint one of the Panel members to act as Chair. In the event there is a tie in making a final decision in the matter being appealed, the Chair shall carry the deciding vote.
  3. Unless otherwise agreed by the Parties, there shall be no communication between Panel members and Parties except in the presence of, or by written copy to, the other Parties.
  4. In order to keep costs to a reasonable level, the Panel may conduct the appeal by means of a conference call or video conference.

APPEAL DECISION

  1. Within seven (7) regular days of concluding the appeal, the Panel shall issue its written decision, with reasons. In making its decision, the Panel shall have no greater authority than that of the original decision-maker. The Panel may decide:
    1. to void or confirm the decision being appealed;
    2. to vary the decision where it is found that an error occurred and such an error cannot be corrected by the original decision-maker for reasons which include, but are not limited to, lack of clear procedure, lack of time, or lack of neutrality;
    3. to refer the matter back to the initial decision-maker for a new decision; and
    4. to determine how costs of the appeal shall be allocated, if at all.
  2. A copy of this decision shall be provided to each of the Parties and to the President.

TIMELINES

  1. If the circumstances of the dispute are such that this Policy will not allow a timely appeal, the Panel may direct that these timelines be abridged. If the circumstances of the disputes are such that the appeal cannot be concluded within the timelines dictated in this Policy, the Panel may direct that these timelines be extended.

DOCUMENTARY APPEAL

  1. Any Party to the appeal may request that the Panel conduct the appeal by way of documentary evidence. The Panel may seek agreement from the other parties to proceed in this fashion. If agreement is not forthcoming, the Panel shall decide whether the appeal shall proceed by way of documentary evidence or in-person hearing.

E-14 POLICY Arbitration Policy

  1. All differences or disputes shall first be submitted to appeal pursuant to the appeal process set out in these Policies and Procedures. If any Party believes the Panel has made an error such as those described in E-14 POLICY: Appeals Policy, the matter shall be referred to arbitration, such arbitration to be administered under the Alternate Dispute (ADR) Program for Amateur Sport and its Rules of Arbitration, as amended from time to time.
  2. Should a matter be referred to arbitration, all Parties to the original appeal shall be Parties to the arbitration.
  3. The Parties to arbitration shall enter into a formal Arbitration Agreement and the decision of any arbitration shall be final and binding.

LOCATION AND JURISDICTION

  1. Any appeal shall take place in Metro Vancouver, unless the Panel agrees to an alternate location or held by way of telephone conference call or video conference call or held elsewhere as may be decided by the Panel as a preliminary matter.
  2. This Policy shall be governed and construed in accordance with the laws of the Province of British Columbia.
  3. No action or legal proceeding shall be commenced against the BCSSA in respect of a dispute, unless the BCSSA has refused or failed to abide by the provisions for appeal and/or arbitration of the dispute, as set out in this Policy.

BCSSA Policies and Procedures Manual #1 of 3 (Organizational Management)

Note: this is a copy of the policy available in the Policies and Procedures Manual as indicated above.

E-11 POLICY: Harrasment Policy

NOTE: For convenience, this policy uses the term Complainant to refer to the person who experiences harassment even though not all persons who experience harassment will make a formal complaint. The term Respondent refers to the person against whom a complaint is made.

POLICY STATEMENT

  1. The BCSSA is committed to providing opportunities for every individual within the speed skating community to reach his or her potential in skill and excellence. In keeping with the spirit of this statement, the BCSSA is committed to providing a work and recreational environment in which all individuals are treated with respect and dignity, which promotes equal opportunities and prohibits discriminatory practices.
  2. Harassment is a form of discrimination. Harassment is prohibited by human rights legislation in Canada.
  3. Harassment is offensive, degrading and threatening. In most extreme forms, harassment can be an offence under Canada’s Criminal Code.

APPLICATION

  1. This Policy applies to all categories of members in the BCSSA as well as to all individuals engaged in activities with or employed by the BCSSA, including but not limited to: officials, instructors, volunteers, directors, officers, athletes, coaches, administrators and employees (including contract personnel).
  2. This Policy applies to harassment which may occur during the course of the BCSSA business, activities and events including, but not limited to: meetings, courses, competitions, training camps, exhibitions and travel associated with these activities. It also applies to harassment between individuals associated with the BCSSA but outside of the BCSSA’s business and events when such harassment adversely affects relationships within the BCSSA’s work and sport environment.
  3. Harassment arising within the business, activities and events of member organizations of the BCSSA shall be dealt with using the policies and mechanisms of such organizations.

DEFINITIONS

  1. Harassment can generally be defined as comment or conduct directed toward an individual or group of individuals which is insulting, intimidating, humiliating, malicious, degrading or offensive.
  2. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favours or other verbal or physical conduct of a sexual nature when:
    1. submitting to or rejecting this conduct is used as the basis for making decisions which affect the individual; or
    2. such conduct has the purpose or effect of interfering with an individual’s performance; or
    3. such conduct creates an intimidating, hostile or offensive environment.
  3. Types of behaviour which constitute harassment include, but are not limited to:
    1. written or verbal abuse or threats;
    2. the display of visual material which is offensive or which one ought to know is offensive
    3. unwelcome remarks, jokes, comments, innuendo or taunting about a person’s looks, body, attire, age, race, religion, sex, or sexual orientation;
    4. leering or other suggestive or obscene gestures;
    5. condescending, paternalistic or patronizing behaviour intended to undermine self-esteem, diminish performance or adversely affect working conditions;
    6. practical jokes which cause awkwardness or embarrassment, endanger a person’s safety or negatively affect performance;
    7. unwanted physical contact including touching, petting, pinching, or kissing;
    8. unwelcome sexual flirtations, advances, requests or invitations;
    9. physical or sexual assault;

CONFIDENTIALITY

  1. The BCSSA recognizes that it can be extremely difficult to come forward with a complaint of harassment and that it can be devastating to be wrongly accused of harassment. The BCSSA recognizes the interests of both the Complainant and the Respondent in keeping the matter confidential, except where such disclosure is required by law. This shall not preclude publication of the final outcome of any matter.

TIMELINES

  1. Timelines in this policy are in total days, irrespective of weekends or holidays. Where a deadline falls on a weekend or holiday, the next business day shall be the deadline for the purpose of procedures under this Policy.
 

COMPLAINT PROCEDURE

  1. A person who experiences harassment is encouraged to make it known to the harasser that the behaviour is unwelcome, offensive and contrary to this Policy.
  2. If confronting the harasser is not possible or if after confronting the harasser the harassment continues, the Complainant should request that the BCSSA appoint an accredited Harassment Advisor from within the association or outside of the association, or a meeting with an official of the BCSSA. For purpose of this procedure, an official may be a member of the BCSSA Board or the BCSSA Harassment Advisor as accredited within the BC sport system as a Provincial Harassment Advisor.
  3. Nothing in this Policy precludes a representative of the BCSSA from bringing forward a complaint in accordance with the provisions of this Policy.
  4. Once contacted by a Complainant the role of the official is to serve in a neutral, unbiased capacity in receiving the complaint and assisting in its informal resolution. If the official considers that he/she is unable to act in this capacity, the Complainant shall be referred to another BCSSA official.
  5. There are three possible outcomes to this meeting of the Complainant and official:
    1. it may be determined that the conduct does not constitute harassment as defined in this Policy, in which case the matter will be closed; or
    2. the Complainant may decide to pursue an informal resolution of the complaint, in which case the official will assist the two (2) parties to negotiate an acceptable resolution of the complaint; or
    3. the Complainant may decide to make a formal written complaint to the BCSSA in which case the official shall advise the President of the BCSSA, or delegate of the President, either of whom may appoint an independent individual to conduct an investigation of the complaint.
  6. Ideally, the Investigator should be a person experienced in harassment matters and investigation techniques, and may be an outside professional. He/she shall carry out the investigation in a timely manner and at the conclusion of the investigation shall submit a written report to the President or the President’s delegate.
  7. Where there is an investigation, within seven (7) days of receiving the written report of the Investigator, the President or delegate shall determine whether or not there are grounds for a hearing and shall appoint three (3) impartial individuals to serve as a Panel.
  8. Where there is no investigation, within seven (7) days of receipt of the formal complaint the President shall appoint three (3) impartial individuals as a Panel.
  9. Harassment complaints occurring within competitions may be dealt with immediately, if necessary, by a BCSSA representative in a position of authority, provided the individual being disciplined is told the nature of infraction and has opportunity to provide information concerning the incident. In such situations, sanctions shall be for the duration of the competition only. Further sanctions may be applied but only after review of the matter in accordance with the procedures set out by this Policy. This review does not replace the appeal provisions of this Policy.
  10. This Policy and Procedure shall not prevent a person in authority taking immediate, informal corrective disciplinary action in response to behaviour that, in his/her view, constitutes a minor incidence of harassment.

HEARING

  1. A Hearing shall take place in accordance with the process set out in the BCSSA’s Discipline Policy and in addition:
  2. The Complainant and Respondent shall each receive a copy of the Investigator’s report if such an investigation is carried out.
  3. If there is an in-person hearing, the Complainant shall be present at the hearing to respond to the Investigator’s report, give evidence and to answer questions of the Panel.
  4. If there is an in-person hearing, the Investigator may attend the hearing at the request of the panel.
  5. As soon as possible but in any event within seven (7) days of the Hearing, the Panel shall present its Decision to the President or designate and to the Executive Director, with a copy provided to both the Complainant and Respondent. This Decision shall contain:
    1. a summary of the relevant facts;
    2. a determination as to whether the acts complained of constitute harassment as defined in this Policy;
    3. recommended disciplinary action against the Respondent, if the acts constitute harassment; and
    4. measures to remedy or mitigate the harm or loss suffered by the Complainant, if the acts constitute harassment.
  6. If the Panel determines that the allegations of harassment are false, vexatious, retaliatory or frivolous, its Decision may direct disciplinary action against the Complainant.

RELUCTANT COMPLAINANT

  1. If at any point during the proceedings under this policy the Complainant becomes reluctant or unable to continue, it shall be at the sole discretion of the President, or designate, to continue the review of the complaint in accordance with this Policy. In such instances, the BCSSA shall take the place of the Complainant.

SANCTION

  1. When directing the appropriate disciplinary sanction, the Panel shall consider factors such as:
    1. the nature and severity of the harassment;
    2. whether the harassment involved any physical contact;
    3. whether the harassment was an isolated incident or part of an ongoing pattern;
    4. the nature of the relationship between the Complainant and Respondent;
    5. the age of the Complainant;
    6. whether the Respondent had been involved in previous harassment incidents;
    7. whether the Respondent admitted responsibility and expressed a willingness to change;
    8. whether the Respondent retaliated against the Complainant;
  2. In directing disciplinary sanctions, the Panel may consider the following options, singly or in combination, depending on the nature and severity of the harassment:
    1. verbal apology;
    2. written apology;
    3. letter of reprimand from the organization;
    4. a fine or levy;
    5. referral to counselling;
    6. removal of certain privileges of membership or employment;
    7. temporary suspension with or without pay;
    8. termination of employment or contract;
    9. expulsion from membership;
    10. publication of the decision.
  3. Failure to comply with a sanction as determined by the panel shall result in automatic suspension in membership from the BCSSA until such time as the sanction is fulfilled.
  4. The President, or designate, may determine that the alleged conduct is of such seriousness as to warrant suspension of the member from the BCSSA pending the hearing and decision of the panel.
  5. Notwithstanding the procedures set out in this Policy, any member of the BCSSA who is convicted of a criminal offence involving sexual exploitation, invitation to sexual touching, sexual interference or sexual assault shall face automatic revocation of membership in the BCSSA.

APPEAL PROCEDURE

  1. Both the Complainant and Respondent shall have the right to appeal the decision and sanctions of the Panel, in accordance with the BCSSA’s Appeal Policy.

BCSSA Policies and Procedures Manual #2 of 3 (Sport Technical)

Note: this is a copy of the policy available in the Policies and Procedures Manual as indicated above.

F-3 POLICY: Coaches' Security Clearance

  1. It is understood that coaches are the direct link to the athletes which most often occurs at the club level.
  2. With guidance following the BC Personal Information Protection Act (PIPA), it is a requirement that coaches consent to a Security Clearance document being obtained as required.
 

Coaches register with their clubs, (and not directly with the Association), therefore it is the responsibility of all member clubs to:

  1. Obtain security clearances (known as Criminal Record Checks) for all coaches registered with their club.
  2. Set their own policies as to when and how often such clearances are obtained and updated and the manner by which such documents are secured within the club. BCSSA recommends that this be undertaken at least biennially (every two years).
  3. Provide to the BCSSA, on or before November 15th annually, a list of their coaches confirming that security clearance documents have been obtained for such coaches.
  4. Inform the Association of any additions and/or deletions to the aforementioned list as circumstances warrant.
  5. Coaches not listed by their clubs confirming (3) above will not be permitted to coach at any event which has received a BCSSA sanction.
  6. Coaches not listed by their clubs confirming (3) above will:
    1. Not be considered by BCSSA to represent the Association at Inter-provincial, Regional (outside of BC), National and International competitions.
    2. May not be eligible to receive, from the Association, any funding which would otherwise accrue.

Note: the content of this Policy has been approved by the BCSSA Board of Directors and will be enforced during the 2018-2019 season. The final wording of the Policy, and its inclusion in the Policy and Procedures Manual, will follow in due course.

Background:   The BC Speed Skating Association, Speed Skating Canada and The Coaching Association of Canada believe that all our skaters benefit from being coached by a certified National Coaching Certification Program (NCCP) coach.  Having a certified coach means our skaters are exposed to more effective coaching in a safer environment. To this end some skating competitions are already designated as requiring coach certification. The Canada Winter Games require coaches and managers to be certified in the Competition Development context (formerly Level 3).  The BC Winter Games require coaches to be certified at Introduction to Competition (formerly Level 2) or Competition Development contexts.  In addition, certified coaches are required to have been successfully evaluated in Making Ethical Decisions and Making Headway (dealing with safe management of head injuries).  

Policy for BC Speed Skating: Effective for the 2018-19 season, all coaches working in the coaching box for the BC Long Track and Short Track Championships are required to have these qualifications:

  1. “Certified” status in FUNdamental CoachesIntroduction to Competition or Competition Development contexts, AND
  2. Making Head Way in Speed Skating training completed, AND
  3. Making Ethical Decisions Online Evaluation completed.

Confirmation of status will be based on the coach’s training record as shown in “The Locker” – the Coaching Association of Canada’s training database/record.  

Exemptions:  Clubs unable to meet the requirement are required to submit a request for, and obtain a letter of exemption from, the BC Speed Skating Association Coaching Development Committee.  Requests for exemption need to include details of why any requirements can not be met. Also, clubs should have a qualified coach (from another club) who agrees to mentor their coach at the competition.  The name of the mentor coach should be included in the request for an exemption.