Harassment and Discrimination Policy
I. POLICY STATEMENT
The Carleton Place Curling Club is committed to creating and maintaining an environment that is free
from harassment and discrimination on prohibited grounds, including race, ancestry, place of origin,
colour, ethnic origin, citizenship, political opinion, creed, sexual orientation, disability, age, marital/family
status, language and any other discrimination or harassment prohibited by applicable law. This policy is
consistent, at the time of writing, with the policy set by the Ontario Curling Association for Harassment
and Discrimination.
II. GENERAL
The Harassment and Discrimination Policy is a preventative rather than a reactive or punitive document,
and is directed to the spirit of the following guiding principles:
1. Every individual is equal before and under the law and has the right to the general protection and
equal benefit of the law without discrimination and, in particular, without discrimination based on
race, nationality or ethnic origin, colour, religion, sex, age or mental or physical disability.
(Canadian Charter of Rights and Freedoms, 1982, Section 15).
2. It is public policy in Ontario to recognize the dignity and worth of every person and to provide for
equal rights and opportunities without discrimination that is contrary to law, and having as its aim
the creation of a climate of understanding and mutual respect for the dignity and worth of each
person so that each person feels a part of the community and able to contribute fully to the
development and well-being of the community and the Province. (Human Rights Code, Ontario,
RSO 1990, Chapter H.19).
In keeping with these principles, the Carleton Place Curling Club has the responsibility to ensure that all
practices, processes, procedures and personnel within the Club contribute to the promotion of a positive
work and sporting environment. To this end, the Carleton Place Curling Club must deal with incidents of
harassment and discrimination when they arise.
III. DEFINITIONS
● “Business” means the business of operating the Carleton Place Curling Club, which includes the
Web site.
● “Member” or “Membership” means a membership in the Carleton Place Curling Club.
● “we”, “us”, “our” and the “Club” refer to the Carleton Place Curling Club Limited, located at 120
Patterson Cres., Carleton Place, Ontario, Canada and/or http://www.cpcurling.ca.
● “Web site” refers to the web site found at http://www.cpcurling.ca.
● “Bullying” refers to the use of superior strength or influence to intimidate and to force someone to
do what one wants. It includes the use of threat, or coercion to abuse, intimidate, or aggressively
impose domination over others. The behavior is often repeated and habitual. Behaviors used to
assert such domination can include verbal harassment or threat, physical assault or coercion, and
such acts may be directed repeatedly towards particular targets. Examples of bullying may
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include (but are not limited to) use of electronic communication to threaten, insult or otherwise
demean another person who is a member of the Club. Such behaviour on or off the ice by adults,
teens or children using the Club facilities will not be tolerated and will be subject to the sanctions
of this policy.
● “Committee” or “the Committee” shall mean the Social Inclusion Advisory Committee. The
Committee shall include the president, vice-president and three (3) members at large, who may
or may not be members of the Board.
● Condonation - If a person in authority knows or, should reasonably have known that
discrimination or harassment may have occurred and fails to take appropriate action, the person
in authority has condoned the discrimination or harassment and may be subject to sanctions
under these guidelines.
● Discrimination - Discrimination refers to any conduct, whether intentional or not, which has the
effect of imposing burdens, obligations or disadvantages on an individual that are not imposed on
others, or which withholds or limits access to opportunities, benefits and advantages available to
others.
● Harassment - Harassment refers to conduct which the perpetrator knew or ought reasonably to
have known would be unwelcome. Harassment can take many forms but generally involves
conduct, comment or display that is insulting, intimidating, humiliating, hurtful, demeaning,
belittling, malicious, degrading or otherwise causes offense, discomfort, or personal humiliation or
embarrassment to a person or group of persons.
● Sexual Harassment - Sexual harassment includes unwelcome sexual advances, requests for
sexual favors, or other verbal or physical conduct of a sexual nature when:
○ submitting to or rejecting this conduct can affect decisions about the individual;
○ the conduct has the purpose or effect of interfering with the individual’s performance; or
○ the conduct detrimentally affects the environment.
● Reprisal - Reprisals are acts or threats of retaliation designed to punish an individual who has
reported discrimination or harassment, particularly where the reprisal or threat of reprisal is by a
person in authority. In sexual harassment situations, reprisals can also include: acts of retaliation
to punish an individual who has rejected sexual advances; and threats of retaliation if sexual
advances are rejected.
IV. PREVENTION - PRINCIPLES
Education and communication are critical to achieving a Club environment free of harassment and
discrimination. The Board of Directors, Club employees, and members, should:
● communicate the Club’s objective to create and maintain an environment free of harassment and
discrimination;
● model behavior in keeping with these principles; and
● exercise good judgment and initiate appropriate action in consultation with the Committee if they
become aware that discrimination or harassment may have occurred. At this time, intervention
becomes the focus.
V. INTERVENTION - PRINCIPLES
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It is important to remember that individuals who experience discrimination or harassment are often
reluctant to report it. A Club member who is aware that this has happened should advocate for that
individual and support their efforts to report the incident(s). It is also important to be mindful of the rights
of the accused in these proceedings.
● Remedies provided under this policy are intended:
○ to resolve complaints fairly and acceptably to both complainant and accused; and
○ to recommend appropriate disciplinary measures for individuals who are found to have
committed acts of personal harassment or discrimination.
● Staff and members of the Committee who receive information with respect to a complaint are
required to maintain this information in confidence. However, the Club reserves the right to
disclose information as necessary to ensure the health, safety and security of members of the
Club and in response to any legal obligation to disclose.
● The complainant, accused and witnesses are to be treated fairly and impartially. This includes,
but is not limited to, the right to reasonable notice, protection of privacy (unless the offense is
deemed criminal in nature), and the opportunity to be heard by impartial decision makers.
● Wherever possible, allegations will be resolved by the Informal Complaint process. Formal
proceedings under this policy will be initiated only after informal resolution has been declined as
an option, or an informal resolution of the complaint has been attempted and has failed.
● Complaints of alleged assault or other alleged criminal actions will be referred to the appropriate
police service.
VI. COMPLAINTS PROCEDURE
A. Informal Process
● Member(s) or employees of the Club who feel they have been harassed or discriminated against
are encouraged, where appropriate, to make a direct request to the perpetrator to stop the
offensive behavior.
● The individual should provide a written complaint which will include particulars of the event(s),
including dates, times, locations, description of action, account of dialogue, the name of the
perpetrator(s) and any witnesses.
● The written complaint should be made as soon as possible after the alleged incident, but must be
made within ninety (90) days of the alleged incident. The complaint may be brought to the
attention of any Committee member, who will inform the Club President. The Club President will
appoint a Committee Chair and inform Committee members of the complaint.
● Upon receipt of a signed complaint, the Committee Chair will consult with the complainant and
will appoint a Committee member to mediate a resolution. The Committee member will meet with
the both complainant and accused to explain the procedures.
● Following consultation, the complainant will indicate whether he/she elects to withdraw the
complaint or proceed with an attempt to resolve the complaint informally.
● If the complainant elects to resolve the complaint informally, the complainant will provide a written
authorization for the Committee member to proceed.
● The Committee member will forward a copy of the complaint to the accused within five working
days and request a response within ten working days.
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● The Committee member will meet with the complainant and the accused individually or together
in an attempt to achieve a fair and acceptable resolution. The complainant and accused may
each be accompanied by an advisor of their choice, at their own cost, (counselor, lawyer, etc.) at
any time during this process. The process may result in a mutually acceptable resolution,
withdrawal of the complaint or failure to resolve. At this point, the Committee member will provide
a report to the Committee setting out:
○ the background of the case, including the allegations;
○ the steps taken to resolve the complaint; and
○ recommendations, which may include:
■ that no further action be taken because a resolution has been achieved or the
complaint has been withdrawn;
■ that a Formal Complaint Panel be appointed to hear the complaint; or
■ that no further action be taken because the complaint is frivolous, vexatious or
without foundation.
● A copy of the report shall be sent to the complainant and accused.
● In the event of the withdrawal of the complaint, or a resolution, documents pertaining to the case
will be kept by the Chair of the Committee, or in safekeeping in the office of the Club.
B. Formal Process
● A Formal Complaint process will be undertaken if the complainant is unsatisfied with the outcome
of the Informal process.
● The Committee shall receive the original complaint and all supporting documents. The panel will
consult with both parties with respect to:
○ date, time and duration of the hearing;
○ names of any witnesses to be called; and
○ the documents which are to be submitted.
● The panel will make every effort to convene a hearing within thirty (30) days of the receipt of the
request.
● Either party may be accompanied by an advisor, at their own cost. In the event that one party
does not appear at the meeting despite reasonable notice, the committee may proceed with the
hearing in their absence.
● Upon completion of the hearing, the panel will provide its findings to the parties in writing within
thirty (30) days.
● If the panel finds that the accused’s conduct has fallen within the definition of personal or sexual
harassment, discrimination or bullying, it will recommend to the Club President that disciplinary
and/or remedial action be taken. Disciplinary action may include a reprimand, suspension,
demotion, dismissal, expulsion, or such actions as may be deemed appropriate.
VII. APPEALS
A. Grounds for Appeal by the Accused
● The accused may appeal to the Committee on the following grounds:
○ that the investigation was conducted in an unfair or biased manner contrary to the rules
of natural justice; or
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○ that the findings of fact contained in the investigation report are insufficient to support a
determination that discrimination or harassment has been established.
● In such an appeal, the complainant will be entitled to participate as a respondent in the appeal.
● The accused may also appeal to the Committee related to the sanction(s) imposed or
recommended following a complaint. In such an appeal, the complainant will be advised by the
Committee that an appeal has been filed, and shall be entitled to make written representations.
B. Grounds for Appeal by the Complainant
● The complainant may appeal to the Committee on the following grounds:
○ that the investigation was conducted in an unfair or biased manner contrary to rules of
natural justice; or
○ that the findings of fact contained in the investigation report ought to have resulted in a
determination that discrimination or harassment has been established.
● In such an appeal, the accused will be entitled to participate as a respondent in the appeal.
● The complainant may also appeal to the Committee related to the sanction(s) imposed or
recommended following a complaint. In such an appeal, the accused will be advised by the
Committee that an appeal has been filed, and shall be entitled to make written representations.
Once the appeal has been received:
● The Chair of the Committee will present the facts to the entire Committee for review.
● All statements and disclosures made, information furnished and documents and evidence
provided or presented by the parties or any persons at the appeal are without prejudice to either
side.
● At the hearing, the parties may appear with an advisor of their choice, at their own cost. Each
party will present their case to the Committee, and have the opportunity to question the other
party and witnesses called by the other party.
● After the completion of the hearing, the Committee may decide:
○ to implement the recommendation of the Committee member; or
○ to allow the appeal and request the Chair to convene a hearing panel to hear the
complaint according to the rules set down in the formal complaint procedure. Although
proceedings under the formal complaint procedure are not governed by the Statutory
Powers Procedure Act, procedures shall generally conform to the minimum procedural
rules as required by the Statutory Powers Procedure Act (RSO 1990, s. 22).
There shall be no retaliation or reprisals against any person as a result of their attempts to enforce rights
or obligations under this policy.
VIII. RECORD KEEPING
● The Chair of the Committee shall keep a secure record of every report and complaint under these
guidelines. The record shall contain all relevant documentation, including:
○ details of the report(s) and/or a copy of the complaint(s);
○ the response(s), if any;
○ the terms of reference of the investigator, if any
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○ the interim measures, if any;
○ any witness statements;
○ the investigation report, if any;
○ the terms of any informal resolution or written resolution agreement;
○ the sanctions imposed, if any;
○ all other correspondence;
○ any appeal(s) filed;
○ any material pertaining to an appeal; and
○ any minutes of the Board of Directors related to the complaint or appeal process.
IX. CONFIDENTIALITY
● To the extent possible, reports, complaints, witness statements and other documents produced
under these guidelines shall be held in safekeeping in the Club.
● Circumstances in which information will be shared include:
○ when required by law;
○ when required to protect others from harassment or discrimination;
○ when required to ensure fairness or natural justice in the procedures contemplated by
these guidelines;
○ when required to protect the interests of the Carleton Place Curling Club.
