Code of Conduct
PAO's Harassment Policy
(as adopted by TPC)
The PAO is committed to providing a recreational sports environment where everyone is treated fairly and with respect. Members including volunteers are expected to conduct themselves at all times in a manner consistent with the values of the PAO –
respect, fairness, integrity, honesty, transparency and safety.
Harassment in any form will not be tolerated by the PAO.
Harassment is defined as any behaviour or actions, visual material, unwelcome remarks, jokes, comments, innuendos, written or verbal threats and/or any conduct directed towards an individual or group that undermines self-esteem, diminishes performance, is offensive, abusive, racist, degrading, vexatious, defamatory or malicious.
Sexual harassment is any behaviour defined as unwelcome sexual advances, requests for sexual favours or verbal or physical conduct of a sexual nature that interferes with an individual’s performance, creates an intimidating, hostile or offensive environment or is the basis for making decisions that effect the individual.
CONFIDENTIALITY
The PAO recognizes that it can be extremely difficult to come forward with a complaint of harassment and that it can be devastating to be wrongly convicted of harassment.
The PAO also recognizes that the interests of both the Complainant and the Respondent in keeping the matter confidential, except where such disclosure is required by law.
COMPLAINT PROCEDURE
A person who experiences any form of harassment is encouraged to make it known to the harasser that the behaviour is unwelcome, offensive and contrary to this policy.
If confronting the harasser is not possible or if after confronting the harasser the harassment continues, the Complainant should report the complaint to the Site Convenor who will ensure appropriate action is taken per the PAO policy including completion of the PAO incident form and appropriate written documentation by all involved parties including witnesses of the event.
If it is a PAO sponsored event such as a tournament, the PAO President or delegate if in attendance, and the PAO Event Coordinator should be immediately advised. Upon immediate investigation of the incident, the Event Coordinator must ensure accurate completion of the PAO incident form, capturing all details of the incident and names of witnesses. The Complainant and witnesses of the incident must also provide written documentation of the incident as soon as possible. All documented information must be forwarded as soon as possible to the President of the PAO.
Once a Site Convenor or PAO Official or PAO Event Coordinator has received a verbal or written complaint, it is his/her role to serve in a neutral, unbiased capacity in receiving the complaint and assist in its informal resolution. If the Site Convenor considers that s/he is unable to act in this capacity, the Complainant shall be referred to a PAO official.
Possible outcomes from the meeting of the Complainant and
Site Convenor or PAO Official:
1. It is determined that the conduct does not constitute harassment as defined in this policy and the matter is closed.
2. The Complainant decides to pursue an informal resolution of the complaint, in which case the Site Convenor or PAO Official will assist the two parties to negotiate an acceptable resolution of the complaint.
3. The Complainant decides to submit a formal written complaint to the President of the PAO, in which case the Respondent shall receive a copy of the complaint and also be given an opportunity to respond in writing to the written allegations and any written evidence submitted by witnesses.
4.The President upon receipt of the written complaint shall appoint an independent individual to conduct an investigation. Ideally, the Investigator should be a person experienced in harassment matters and investigation techniques. He/she shall review all written submissions and carry out the investigation in a timely manner. Upon conclusion of the investigation she/he shall submit a written report to the PAO President.
5. The Complainant and Respondent shall each receive a copy of the Investigator’s report.
6. The President upon discussion with the Board, may determine that the alleged conduct is very seriousness and warrants immediate suspension of the individual from the PAO. Or, the President, within 10 business days of receiving the written report may appoint three individuals to serve as a Disciplinary Panel.
HEARING
The Panel shall hold the hearing as soon as possible but not more than 20 business days after the incident report is first received by the President. The Complainant and Respondent shall be provided a written notice (by courier or fax) within 5 business days advising he/she of the day, time and place of the hearing. The hearing shall be held in private and both the parties can choose to attend, shall have equal opportunity to respond to the Investigator’s report, give evidence and answer questions of the Panel. Both parties may by choice, have a representative accompany them. At the request of the Panel, the Investigator and any witnesses may also be requested to attend.
The Hearing shall proceed in the absence of either or both parties. The Panel shall govern the hearing as it sees fit, provided that members of the Panel select from among themselves a Chairperson. Once appointed, the Panel shall also have the authority to abridge or extend timelines associated with all aspects of the Hearing. In order to keep costs to a reasonable level, the Panel may conduct the Hearing by means of a video or conference call. A quorum shall be all 3 Panel members and decisions shall be by majority vote including the Chair as a voting member.
Within 10 business days of the Hearing, the Panel shall present its decision to the President, with a copy provided to both the complainant and respondent. Unless the Panel decides otherwise, any disciplinary sanctions applied shall take effect immediately.
The Panel decision shall contain a summary of the relevant facts, a determination as to whether the act(s) complained of constitutes sexual and /or harassment as defined in this policy and if determined, a recommendation for disciplinary action against the Respondent.
If the Panel determines that the allegations of harassment are false, vexatious, retaliatory or frivolous, it’s report may recommend disciplinary action against the Complainant.
DISCIPLINE
When recommending appropriate disciplinary action,
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 Harasser
5. The age of the complainant
6. Whether the Harasser had been involved in previous harassment incidents
7. Whether the Harasser admitted responsibility and expressed a willingness to change
8. Whether the Harasser retaliated against the Complainant
The Panel, depending on the nature and severity of the harassment findings in determining disciplinary sanctions, may consider singly or in combination the following options:
verbal apology, written apology, a letter of reprimand from the PAO, removal of membership privileges and expulsion from sanctioned events and all PAO activities.
APPEAL PROCESS
The Harasser and /or Complainant have a right to appeal the findings within 10 business days of receiving the disciplinary notice. Any new information will be taken into account by a special meeting of the PAO Board members and the panel chairman. Both parties will be notified of the final decision.
respect, fairness, integrity, honesty, transparency and safety.
Harassment in any form will not be tolerated by the PAO.
Harassment is defined as any behaviour or actions, visual material, unwelcome remarks, jokes, comments, innuendos, written or verbal threats and/or any conduct directed towards an individual or group that undermines self-esteem, diminishes performance, is offensive, abusive, racist, degrading, vexatious, defamatory or malicious.
Sexual harassment is any behaviour defined as unwelcome sexual advances, requests for sexual favours or verbal or physical conduct of a sexual nature that interferes with an individual’s performance, creates an intimidating, hostile or offensive environment or is the basis for making decisions that effect the individual.
CONFIDENTIALITY
The PAO recognizes that it can be extremely difficult to come forward with a complaint of harassment and that it can be devastating to be wrongly convicted of harassment.
The PAO also recognizes that the interests of both the Complainant and the Respondent in keeping the matter confidential, except where such disclosure is required by law.
COMPLAINT PROCEDURE
A person who experiences any form of harassment is encouraged to make it known to the harasser that the behaviour is unwelcome, offensive and contrary to this policy.
If confronting the harasser is not possible or if after confronting the harasser the harassment continues, the Complainant should report the complaint to the Site Convenor who will ensure appropriate action is taken per the PAO policy including completion of the PAO incident form and appropriate written documentation by all involved parties including witnesses of the event.
If it is a PAO sponsored event such as a tournament, the PAO President or delegate if in attendance, and the PAO Event Coordinator should be immediately advised. Upon immediate investigation of the incident, the Event Coordinator must ensure accurate completion of the PAO incident form, capturing all details of the incident and names of witnesses. The Complainant and witnesses of the incident must also provide written documentation of the incident as soon as possible. All documented information must be forwarded as soon as possible to the President of the PAO.
Once a Site Convenor or PAO Official or PAO Event Coordinator has received a verbal or written complaint, it is his/her role to serve in a neutral, unbiased capacity in receiving the complaint and assist in its informal resolution. If the Site Convenor considers that s/he is unable to act in this capacity, the Complainant shall be referred to a PAO official.
Possible outcomes from the meeting of the Complainant and
Site Convenor or PAO Official:
1. It is determined that the conduct does not constitute harassment as defined in this policy and the matter is closed.
2. The Complainant decides to pursue an informal resolution of the complaint, in which case the Site Convenor or PAO Official will assist the two parties to negotiate an acceptable resolution of the complaint.
3. The Complainant decides to submit a formal written complaint to the President of the PAO, in which case the Respondent shall receive a copy of the complaint and also be given an opportunity to respond in writing to the written allegations and any written evidence submitted by witnesses.
4.The President upon receipt of the written complaint shall appoint an independent individual to conduct an investigation. Ideally, the Investigator should be a person experienced in harassment matters and investigation techniques. He/she shall review all written submissions and carry out the investigation in a timely manner. Upon conclusion of the investigation she/he shall submit a written report to the PAO President.
5. The Complainant and Respondent shall each receive a copy of the Investigator’s report.
6. The President upon discussion with the Board, may determine that the alleged conduct is very seriousness and warrants immediate suspension of the individual from the PAO. Or, the President, within 10 business days of receiving the written report may appoint three individuals to serve as a Disciplinary Panel.
HEARING
The Panel shall hold the hearing as soon as possible but not more than 20 business days after the incident report is first received by the President. The Complainant and Respondent shall be provided a written notice (by courier or fax) within 5 business days advising he/she of the day, time and place of the hearing. The hearing shall be held in private and both the parties can choose to attend, shall have equal opportunity to respond to the Investigator’s report, give evidence and answer questions of the Panel. Both parties may by choice, have a representative accompany them. At the request of the Panel, the Investigator and any witnesses may also be requested to attend.
The Hearing shall proceed in the absence of either or both parties. The Panel shall govern the hearing as it sees fit, provided that members of the Panel select from among themselves a Chairperson. Once appointed, the Panel shall also have the authority to abridge or extend timelines associated with all aspects of the Hearing. In order to keep costs to a reasonable level, the Panel may conduct the Hearing by means of a video or conference call. A quorum shall be all 3 Panel members and decisions shall be by majority vote including the Chair as a voting member.
Within 10 business days of the Hearing, the Panel shall present its decision to the President, with a copy provided to both the complainant and respondent. Unless the Panel decides otherwise, any disciplinary sanctions applied shall take effect immediately.
The Panel decision shall contain a summary of the relevant facts, a determination as to whether the act(s) complained of constitutes sexual and /or harassment as defined in this policy and if determined, a recommendation for disciplinary action against the Respondent.
If the Panel determines that the allegations of harassment are false, vexatious, retaliatory or frivolous, it’s report may recommend disciplinary action against the Complainant.
DISCIPLINE
When recommending appropriate disciplinary action,
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 Harasser
5. The age of the complainant
6. Whether the Harasser had been involved in previous harassment incidents
7. Whether the Harasser admitted responsibility and expressed a willingness to change
8. Whether the Harasser retaliated against the Complainant
The Panel, depending on the nature and severity of the harassment findings in determining disciplinary sanctions, may consider singly or in combination the following options:
verbal apology, written apology, a letter of reprimand from the PAO, removal of membership privileges and expulsion from sanctioned events and all PAO activities.
APPEAL PROCESS
The Harasser and /or Complainant have a right to appeal the findings within 10 business days of receiving the disciplinary notice. Any new information will be taken into account by a special meeting of the PAO Board members and the panel chairman. Both parties will be notified of the final decision.