GLBC Discipline and Complaints Policy
Definitions
1. The following terms have these meanings in this policy:
a) "Complainant - The party alleging an infraction.
b) "Respondent - The alleged infracting Party.
c) "Parties" - The complainant, respondent, and any other individuals, persons, or organizations affected by the complaint.
d) "Days" - Days irrespective of weekend and holidays.
e) "Individuals" - All categories of membership defined in the GLBC's Bylaws, as well as all individuals employed by, or engaged in activities with, the GLBC including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, directors and officers of the GLBC.
Purpose
2. The GLBC is committed to providing an environment in which all Individuals involved with the OLBA are treated with respect. Membership in the GLBC, as well as participation in its activities, brings many benefits and privileges. At the same time, Individuals and participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the GLBC's policies, bylaws, rules and regulations, and Code of Conduct and Ethics. Irresponsible behaviour by Individuals can result in severe damage to the integrity of the GLBC. Conduct that violates these values may be subject to sanctions pursuant to this Policy. Since discipline may be applied, the GLBC provides Individuals with the mechanism outlined in this Policy so that complaints are handled fairly, expeditiously, and affordably.
Application of this Policy
3. This Policy applies to all individuals.
4. This policy applies to discipline matters that may arise during the course of the GLBC's business, activities, and events including, but not limited to, competitions, practices, tryouts, training camps, travel associated with the GLBC activities, and any meetings.
5. This policy does not prevent discipline from being applied, during a competition or event, according to specific procedures in place for the particular event. Further discipline may be applied according to this policy.
6. Discipline matters and complaints arising within the business, activities, or events organized by entities other than the GLBC will be dealt with pursuant to the policies of these other entities unless requested and accepted by the GLBC at its sole discretion.
Reporting a Complaint
7. Any individual may report any complaint to the GLBC President of their designate. Such a complaint must be in writing and signed, and must be filed within fourteen (14) days of the alleged incident. Filing a complaint by email is acceptable. Anonymous complaints may be accepted at the sole discretion of the GLBC.
8. A complainant wishing to file a complaint outside of the fourteen (14) day period must provide a written statement giving reasons for an exemption to this limitation. The decision to accept, or not accept, the complaint outside of the fourteen (14) day period will be at the sole discretion of the GLBC. This decision may not be appealed.
9. At the GLBC's discretion, GLBC may act as the complainant and initiate the complaint process under the terms of this policy. In such cases, the GLBC will identify an individual to represent the GLBC.
Mediation
10. Before any complaint proceeds to the formal stage and the parties agree, the dispute will be referred to the GLBC's President {or designate) with the objective of resolving the dispute via the OLBA's Dispute Resolution Policy.
Case Worker
11. Should mediation not resolve the dispute, the GLBC will appoint a case manager to oversee management and administration of complaints submitted in accordance with this policy and such appointment is not appealable. The case manager is not required to be a member of the GLBC. The case manager has an overall responsibility to ensure procedural fairness is respected at all times in this policy, and to implement this policy in a timely manner. More specifically, the case manager has a responsibility to:
a) Determine whether the complaint is frivolous or vexatious and within the jurisdiction of this policy. If the case manager determines the complaint is frivolous or vexatious or outside the jurisdiction of this policy, the complaint will be dismissed immediately. The case manager's decision to accept or dismiss the complaint may not be appealed.
b) Determine if the complaint is a minor or major infraction.
c) Appoint the panel, if necessary, in accordance with this policy.
d) Coordinate all administrative aspects of the complaint
e) Provide administrative assistance and logistical support to the panel as required.
f) Provide any other service or support that may be necessary to ensure a fair and timely proceeding.
12. The case manager will inform the parties if the incident is to be dealt with as a minor infraction or major infraction and the matter will be dealt with according to the applicable section relating to the minor or major infraction.
13. This policy does not prevent an appropriate person having authority from taking immediate, informal or corrective action in response to behaviour that constitutes either a minor or major infraction. Further sanctions may be applied in accordance with the procedures set out in this policy.
14. Any infractions or complaints occurring within competition will be dealt with by the procedures specific to the competition, if applicable. In such situations, disciplinary sanctions will be for the duration of the competition, training, activity or event only. Further sanctions may be applied but only after review of the matter in accordance with the procedures set out in this policy.
Minor Infractions
15. Minor infractions are single incidents of failing to achieve expected standards of conduct that generally do not result in harm to others, the GLBC, or the sport. Examples of minor infractions can include, but are not limited to, a single incident of:
a) Disrespectful, offensive, abusive, racist, or sexist comments or behavior;
b) Disrespectful conduct such as outbursts of anger or argument;
c) Conduct contrary to that of GLBC;
d) Being late for, or absent from, the GLBC events and activities at which attendance is expected or required;
e) Non-compliance with the GLBC's policies, procedures, rules or regulations;
f) Infractions made in writing or on-line through social media:
g) Minor violations of the GLBC's Code of Conduct and Ethics; and,
h) Tampering.
16. All disciplinary situations involving minor infractions will be dealt with by the appropriate person who has authority over both the situation and the individual involved. If applicable, discipline specific to the particular event or competition shall be applied. The person in authority can be, but is not restricted to being, staff, officials, coaches, judges, organizers, or the GLBCs decision-makers.
17. At the discretion of the person responsible for discipline of such infractions (as noted above).
18. Penalties for minor infractions, which may be applied singularly or in combination, include the following:
a) Verbal or written reprimand from the GLBC to one of the parties;
b) Verbal or written apology from one party to the other;
c) Service or other voluntary contribution to the GLBC;
d) Removal of certain privileges of membership for a designated period of time;
e) Suspension from the current competition, activity, or event; f) Fines;
g) Any other sanction considered appropriate for the offense; and/or,
h) Discipline specific to the event or competition, if applicable.
19. Minor infractions that result in discipline will be recorded and records will be maintained by the GLBC. Repeat minor infractions may result in further such incidents being considered a major infraction.
Major Infractions
20. Major infractions are instances of failing to achieve the expected standards of conduct that result, or have the potential to result, in harm to other persons, to the GLBC, or to the sport. Examples of major infractions include, but are not limited to:
a) Repeated minor infractions;
b) Any incident of hazing;
c) Incidents of physical abuse;
d) Behaviors that constitute harassment, sexual harassment, or sexual misconduct;
e) Pranks, jokes, or other activities that endanger the safety of others;
f) Conduct that intentionally interferes with a competition or with any athlete's preparation for competition;
g) Conduct that intentionally damages the GLBC's image, credibility or reputation;
h) Disregard for the GLBC's bylaws, policies, rules and regulations;
i) Major or repeated violations of the GLBC's Code of Conduct and Ethics;
j) Intentionally damaging the GLBC property or improperly handling the GLBC monies;
k) Infractions made in writing or online through email or social media;
I) Abusive use of alcohol, any use or possession of alcohol by minors or use or possession of illicit drug and narcotics; and,
m) Any possession or use of banned performance enhancing drugs or methods.
21. Major infractions occurring within competition may be dealt with immediately, if necessary, by an appropriate person having authority. In such situations, disciplinary sanctions will be for the duration of the competition, training, activity, or event only. If applicable, discipline specific to the particular event or competition shall be applied. Further sanctions may be applied but only after review of the matter in accordance with the procedures set out in this policy. This review does not replace the appeal provisions of this Policy.
22. Major infractions will be handled using the OLBA’s Procedure for Major Infraction Hearing set out in this policy, except where a dispute resolution procedure contained within a contract, employee agreement, or other formal written agreement takes precedence.
Procedure for Major Infraction Hearing
23. The President (or designate) shall notify the parties that the complaint is potentially legitimate and the incident shall be dealt with as a major infraction. The President (or designate) shall then decide the format under which the complaint will be heard. This decision is at the sole discretion of the President (or designate) and may not be appealed.
24. The President (or designate) will appoint a discipline panel, which shall consist of a single adjudicator, to hear the complaint. In extraordinary circumstances, and at the discretion of the President (or designate), a Panel of three persons may be appointed to hear the complaint. In this event, the will President (or designate) appoint one of the panel's members to serve as the chair.
25. If the respondent acknowledges the facts of the incident, the respondent may waive the hearing, in which case the Panel will determine the appropriate disciplinary sanction. The panel may still hold hearing for the purpose of determining an appropriate sanction.
26. If a party chooses not to participate in the hearing, the hearing will proceed in any event.
27. The President (or designate) will determine the format of the hearing, which may involve an oral in-person hearing, an oral hearing by telephone, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the President (or designate) seems appropriate in the circumstances, provided that:
a) The parties will be given appropriate notice of the day, time, and place of the hearing;
b) Copies of any written documents which the parties wish to have the panel consider will be provided to all Parties in advance of the hearing;
c) The parties may be accompanied by a representative, advisor or legal counsel at their own expense;
d) The panel may request that any other individual participate and give evidence at the hearing;
e) The panel may allow, as evidence at the hearing, any oral evidence and document or thing relevant to the subject matter of the complaint, but may exclude such evidence that is unduly repetitious and shall place such weight on the evidence as it deems appropriate; and,
f) The decision will be a majority vote of panel members.
28. 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 in question and will be bound by the decision.
29. In fulfilling its duties, the panel may obtain independent advice.
Decision
30. After hearing the matter, the Panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. Within fourteen {14) days of the hearing's conclusion, the panel's written decision, with reasons, will be distributed to all Parties the President (or designate), and the GLBC Board Members. In extraordinary circumstances, the 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. The decision will be considered a matter of public record unless decided otherwise by the panel.
Sanctions
31. The panel may apply the following disciplinary sanctions, singularly or in combination, for major infractions:
a) Verbal or written reprimand from the GLBC to one of the parties;
b) Verbal or written apology from one party to the other party;
c) Service or other voluntary contribution to the GLBC;
d) Expulsion from the GLBC;
e) Removal of certain membership privileges;
f) Suspension from certain teams, events and/activities;
g) Suspension from all the GLBC's activities for a designated period of time;
h) Withholding of prize money or awards;
i) Payment of the cost of repairs for property damage;
j) Suspension of funding from the GLBC or from other sources; and,
k) Any other sanction considered appropriate for the offense
32. Unless the panel decides otherwise, any disciplinary sanctions will begin immediately. Failure to comply with a sanction as determined by the panel will result in automatic suspension until such time as compliance occurs.
33. Major infractions that result in discipline will be recorded and records will be maintained by the GLBC.
Suspension Pending a Hearing
34. The GLBC may determine that an alleged incident is of such seriousness as to warrant suspension of an Individual pending completion of the criminal process, a hearing or a decision of the panel.
Criminal Convictions
35. An Individual's conviction for any of the following Criminal Code offenses will be deemed a major infraction under this Policy and will result in expulsion from the GLBC and/or removal from the GLBC's competitions, programs, activities and events upon the sole discretion of the GLBC:
a) Any child pornography offences;
b) Any sexual offences;
c) Any offence of physical or psychological violence;
d) Any offence of assault;
e) Any offence involving trafficking of illegal drugs.
Confidentiality
36. The discipline and complaints process is confidential and involves only the parties, the President (or designate) 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 relating to the discipline or complaint to any person not involved in the proceedings.
37. The GLBC will not comment publicly on any complaint.
Timelines
38. 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 Panel may direct that these timelines be revised.
Records and Distribution of Decisions
39. Minor and major infractions that result in discipline, as well as decisions of any appeals, shall be recorded and maintained by the GLBC.
40. Other organizations may be advised of any decisions and, if there was an appeal, the appeal decision.
41. Decisions and appeals are matters of public interest and shall be publicly available with the names of the individuals redacted. Names of persons disciplined may be disclosed to the extent necessary to give effect to any sanction imposed. Pursuant to the OBLA's Confidentiality Policy, the panel may determine that disclosing the person's identity would unduly violate the person's privacy and may decide that the decision, or part of the decision, shall be kept confidential.
Appeals Procedure
42. The decision of the panel may be appealed in accordance with the OLBA's Appeal Policy.
Signed in Ottawa February, 2025.
GLBC Vice President
GLBC Treasurer