Statement on Safe Sport

Nakkertok Nordic Association has a fundamental obligation and responsibility to protect the health, safety and physical and mental well-being of every individual that is involved with the Nakkertok Nordic Association community.

Nakkertok Nordic Association takes any situation involving misconduct, Prohibited Behaviour or Maltreatment very seriously. For this reason, Nakkertok Nordic Association is committed to enacting and enforcing strong, clear, and effective policies and processes for preventing and addressing all forms of misconduct, Prohibited Behaviour, or Maltreatment.

The policies are intended to promote a safe sport environment in a manner that allows for consistent, immediate, appropriate and meaningful action should any issues arise, and they are also intended to prevent issues from arising in the first place by communicating expected standards of behaviour.

Should any individuals involved with Nakkertok Nordic Association, including but not limited to Athletes, coaches, officials, volunteers, and parents/guardians of Athletes, wish to report any instance of misconduct, Prohibited Behaviour or Maltreatment, they may do so in accordance with Nakkertok Nordic Association’s Discipline and Complaints Policy, as amended from time to time.

Nakkertok Nordic Association acknowledges that Nordiq Canada adopted the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) on January 31, 2023. As a cross country ski club registered with a Division Member of Nordiq Canada, the UCCMS shall be considered as incorporated by reference in the Nakkertok Nordic Association Code of Conduct and Ethics and all Nakkertok Nordic Association policies and will apply, as amended from time to time, to all UCCMS Participants. Any amendments to the UCCMS by the Sport Dispute Resolution Centre of Canada (SDRCC) shall come into effect immediately upon their adoption by the SDRCC, without the need for any further action by Nakkertok Nordic Association, Cross Country Ski Ontario or Nordiq Canada.

Definitions

Terms in this Policy are defined as follows:

  1. AthleteAn individual who is subject to the policies of Nakkertok Nordic Association, and who may also be subject to the policies of Cross Country Ski Ontario, Nordiq Canada and the UCCMS
  2. Minor – As defined in the UCCMS and as amended from time to time by the SDRCC
  3. Participants – Refers to all categories of individual Members as defined in the By-laws of Nakkertok Nordic Association who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers
  4. SDRCCThe Sport Dispute Resolution Centre of Canada
  5. UCCMS – The Universal Code of Conduct to Prevent and Address Maltreatment in Sport, as amended from time to time by the SDRCC
  6. UCCMS Participant – A Participant affiliated with Nordiq Canada, as designated by Nordiq Canada, and who has signed the required consent form. For Nordiq Canada, UCCMS Participants Include:
    1. Board members
    2. Employees
    3. Contract staff
    4. Service providers who enter the national team environment
    5. High Performance Committee members
    6. Voting jury members
    7. Master learning facilitators
    8. National team athletes
    9. Athletes
    10. Staff and mentees who participate in national camps and/or competition trips
  7. Vulnerable Participants – As defined in the UCCMS and as amended from time to time by the SDRCC

Purpose

  1. This Policy describes how Nakkertok Nordic Association aims to provide a safe sport environment.

Commitment to True Sport Principles

  1. Nakkertok Nordic Association commits to the True Sport Principles which are:
    1. Go for It – Rise to the challenge – always strive for excellence. Discover how good you can be.
    2. Play Fair – Play honestly – obey both the letter and spirit of the rules. Winning is only meaningful when competition is fair.
    3. Respect Others – Show respect for everyone involved in creating your sporting experience, both on and off the field. Win with dignity and lose with grace.
    4. Keep it Fun – Find the joy of sport. Keep a positive attitude both on and off the field.
    5. Stay Healthy – Place physical and mental health above all other considerations – avoid unsafe activities. Respect your body and keep in shape.
    6. Include Everyone – Share sport with others. Ensure everyone has a place to play.
    7. Give Back – Find ways to show your appreciation for the community that supports your sport and helps make it possible.

Commitment to a Sport Environment Free from Prohibited Behaviour and Maltreatment

  1. Nakkertok Nordic Association makes the following commitments to a sport environment free from Prohibited Behaviour and Maltreatment:
  2. All Participants in sport can expect to play, practice and compete, work, and interact in an environment free from Prohibited Behaviour and Maltreatment.
  3. Addressing the causes and consequences of Prohibited Behaviour and Maltreatment is a collective responsibility and requires the deliberate efforts of all Participants, sport stakeholders, sport club administrators and organization leaders.
  4. Participants in positions of trust and authority have the general responsibility to protect the health and well-being of all other Participants.
  5. Adult Participants have a specific ethical and statutory duty and the additional responsibility to respond to incidents of Prohibited Behaviour or Maltreatment involving Minors and other Vulnerable Participants.
  6. All Participants recognize that Prohibited Behaviour and Maltreatment can occur regardless of age, sex, sexual orientation, gender identity or expression, race, ethnicity, Indigenous status, or level of physical and intellectual disability and their intersections. Moreover, it is recognized that those from traditionally marginalized groups have increased vulnerability to experiences of Prohibited Behaviour and Maltreatment.
  7. All Participants recognize that individuals who have experienced Prohibited Behaviour or Maltreatment may experience a range of effects that may emerge at different time points and that can profoundly affect their lives.
  8. All adults working with children and youth have a duty to prevent or mitigate opportunities for misconduct.
  9. In recognition of the historic vulnerability to discrimination and violence amongst some groups, and that continues to persist today, Participants in positions of trust and authority have a duty to incorporate strategies to recognize systemic bias, unconscious bias, and to respond quickly and effectively to discriminatory practices.

Pledge

  1. The stakeholders, members, and leaders Nakkertok Nordic Association are expected to live by the True Sport Principles and Nakkertok Nordic Association pledges to embed the True Sport Principles in its governance and operations in the following ways:
  2. Conduct Standards – Nakkertok Nordic Association will adopt comprehensive conduct standards that are expected to be followed by Participants
  3. Athlete Protection – Nakkertok Nordic Association will provide coaches and other stakeholders with general and sport-specific athlete protection guidelines
  4. Dispute Resolution and Investigations – Nakkertok Nordic Association will have dispute resolution processes that are confidential and procedurally fair and that require independent investigation for certain alleged violations of the conduct standards
  5. Strategy – Nakkertok Nordic Association will have strategic plans that reflect the organization’s mission, vision, and values
  6. Governance – Nakkertok Nordic Association will have diverse sport leaders and will adhere to principles of good governance
  7. Risk Management – Nakkertok Nordic Association will intentionally manage risks to their operations and events

Conduct Standards

  1. Nakkertok Nordic Association has adopted a Code of Conduct and Ethics that describes standards of conduct and behaviour for all Participants. General standards of conduct apply to all Participants and specific standards are described for positions within the organization. The Code of Conduct and Ethics will have specific stakeholder sections, including but not limited, to:
  2. Athletes
  3. Coaches
  4. Officials
  5. Directors and Committee Members
  6. Parents and Spectators
  1. The safe sport policies will incorporate the terms set out in the UCCMS or otherwise contain detailed definitions of key terms, including:
  2. Maltreatment
  3. Prohibited Behaviour
  4. Harassment
  5. Abuse
  6. Discrimination
  7. Workplace Harassment
  8. Workplace Violence

Additional key terms may be adopted or incorporated by reference in the Code of Conduct and Ethics by Nakkertok Nordic Association.

Anti-Doping

  1. The Code of Conduct and Ethics will indicate that Nakkertok Nordic Association adopts and adheres to the Canadian Anti-Doping Program.

Social Media

  1. Nakkertok Nordic Association has adopted a Social Media Policy that describes standards of conduct that are expected on social media by Participants. The Social Media Policy indicates specific conduct standards and risks that are common and/or exclusive to social media.
  1. The Social Media Policy highlights the importance of responsible coach-Athlete interaction on social media and provides examples of violations of conduct standards.

Athlete Protection

Screening

  1. Nakkertok Nordic Association has adopted a comprehensive Screening Policy that requires some Participants to pass a screening process before being permitted to interact with Athletes. The Screening Policy will:
  2. Categorize positions in the organization as ‘Low Risk’, ‘Medium Risk’, and ‘High Risk’ and require progressive screening measures for individuals serving in each category of risk
  3. Describe how frequently some Participants must obtain a criminal record check and which type of check(s) they must obtain
  4. Describe how frequently some Participants must submit Screening Disclosure Forms and Screening Renewal Forms
  5. Empower a Screening Committee to prohibit Participants who do not pass screening from participating in certain positions
  6. Empower a Screening Committee to attach conditions to a Participant’s participation in certain positions
  1. Nakkertok Nordic Association has developed an Athlete Protection Policy that can be used by coaches, managers, medical personnel, and other Persons in Authority. Nakkertok Nordic Association may provide training on the policy and take steps to ensure the policy is being implemented. Nakkertok Nordic Association will conduct a regular review of the policy to add and/or modify new content as appropriate.

Resources

  1. Nakkertok Nordic Association will regularly provide information to Participants about resources and training related to athlete protection. Resources and training opportunities can include:
  2. NCCP modules
  3. Respect in Sport
  4. Commit to Kids
  5. Red Cross – Respect Education Courses

Athlete Engagement

  1. Nakkertok Nordic Association will engage with Athletes to determine the level of success of their athlete protection measures as well as to identify any gaps or Athlete concerns. This engagement may take the form of:
  2. Anonymous athlete surveys
  3. Athlete involvement in organizational decision-making

Dispute Resolution

  1. Nakkertok Nordic Association has and will maintain a comprehensive suite of dispute resolution policies that will include:
  2. Discipline and Complaints Policy
  3. Dispute Resolution and Appeal Policy
  4. Event Discipline Procedure
  1. Taken together, the suite of dispute resolution policies will include the following features:
  2. An independent individual to whom complaints can be submitted
  3. Information regarding the mechanism to report alleged breaches of the UCCMS by UCCMS Participants to the OSIC
  4. Sanctions for violations of conduct standards
  5. Mechanism for provisional suspension of individuals pending the conclusion of the process
  6. Non-biased and experienced case managers, decision-makers and/or investigators
  7. Protection from reprisal for submitting complaints
  8. Independence of appeal procedures, when appeals are permitted
  9. Opportunity for alternative dispute resolution
  10. Investigations of complaints as circumstances merit
  11. In-event discipline procedures (when an event does not have its own disciplinary procedures)

Obligations – Reporting and Third Party Case Management

  1. The policies of Nakkertok Nordic Association include requirements that certain complaints must be reported to government entities, local police services, and/or child protection agencies when required by the circumstances.
  1. The policies of Nakkertok Nordic Association include requirements that complaints must be received by an independent third party who has no conflict of interest or bias.
  1. The policies of Nakkertok Nordic Association include direction on the referral of alleged breaches of the UCCMS by a UCCMS Participant to the Office of the Sport Integrity Commissioner (OSIC), also known as Abuse-Free Sport.

Records

  1. Nakkertok Nordic Association will retain records of decisions that have been made pursuant to the organization’s policies. These records may be shared with other individuals or organizations, including but not limited to, national sport organizations, provincial/territorial sport organizations, multi-sport organizations, and government entities.

Governance and Operations

  1. Nakkertok Nordic Association will have a comprehensive plan in which athlete protection and safe sport are top priorities for the organization.
  1. Nakkertok Nordic Association will pursue a governance structure and organizational culture that reflects the diversity of the athletes and stakeholders within the sport, that adheres to all applicable federal and/or provincial/territorial legislation, and that moves toward a national alignment strategy for the sport in Canada.
  1. Nakkertok Nordic Association will continually monitor and evaluate their policies, practices, and procedures.

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.

Athlete Protection Policy

Definitions

  1. Terms in this Policy re defined as follows:
  2. Athlete – An individual who is subject to the policies of Nakkertok Nordic Association, and who may also be subject to the policies of Cross Country Ski Ontario, Nordiq Canada and the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”)
  3. Minor – As defined in the UCCMS and as amended from time to time by the Sport Dispute Resolution Centre of Canada
  4. Participant – Refers to all categories of individual Members as defined in the By-laws of Nakkertok Nordic Association, who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, and directors and officers
  5. Person in Authority – Any Participant who holds a position of authority within Nakkertok Nordic Association including, but not limited to, coaches, instructors, officials, managers, support personnel, chaperones, committee members, directors or officers. In addition to the responsibilities described herein and in the Code of Conduct and Ethics, a Person in Authority is responsibility for knowing what constitutes Prohibited Behaviour and Maltreatment under the UCCMS
  6. Vulnerable Participants – As defined in the UCCMS and as amended from time to time by the Sport Dispute Resolution Centre of Canada

Purpose

  1. This Athlete 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’

  1. Nordiq Canada and Cross Country Ski Ontario require that the ‘Rule of Two’ be followed for all Persons in Authority who interact with Athletes, to the maximum extent feasible. As a club that is registered with Cross Country Ski Ontario, Nakkertok Nordic Association adopts this requirement. The ‘Rule of Two’ is a directive that says that an Athlete must never be alone one-on-one with an unrelated Person in Authority.
  2. Nakkertok Nordic Association recognizes that fully implementing the ‘Rule of Two’ may not always be possible in some instances. Consequently, at a minimum, interactions between Persons in Authority and Athletes must respect the following:
  3. To the maximum extent possible, the training environment should be visible and accessible so that all interactions between Persons in Authority and Athletes are observable
  4. Private and one-on-one situations that are not observable by another adult or Athlete should be avoided to the maximum extent possible
  5. A Vulnerable Participant may not be alone under the supervision of a Person in Authority unless prior written permission is obtained from the Vulnerable Participant’s parent or guardian
  6. Persons in Authority may not invite or host Vulnerable Participants in their home without the written permission from parents or guardians or without parents or guardians having contemporaneous knowledge of the visit

Practices and Competitions

  1. For practices and competitions, Nakkertok Nordic Association recommends:
  2. A Person in Authority should never be alone with a Vulnerable Participant prior to or following a competition or practice unless the Person in Authority is the Vulnerable Participant’s parent or guardian
  3. If the Vulnerable Participant is the first Athlete to arrive, the Athlete’s parent should remain present until another Athlete or Person in Authority arrives
  4. If a Vulnerable Participant would 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 or guardian of another Athlete) to stay until all of the Athletes have been picked up. If an adult is unavailable, another Athlete, who is preferably not a Vulnerable Participant, should be present in order to avoid the Person in Authority being alone with a Vulnerable Participant
  5. Persons in Authority giving instructions, demonstrating skills, or facilitating drills or lessons to an individual Athlete should always do so in a manner that is open and observable
  6. Persons in Authority and Athletes should take steps to achieve transparency and accountability in their interactions. For example, a Person in Authority and an Athlete who know they will be away from other Participants for a lengthy period of time must inform another Person in Authority where they are going and when they are expected to return. Persons in Authority should always be reachable by phone or textmessage

Communications

  1. For communication between Persons in Authority and Athletes, Nakkertok Nordic Association recommends:
  2. Persons in Authority may only send texts, direct messages on social media or emails to individual Athletes when necessary and only for communicating information related to team issues and activities (e.g., non-personal information). Any such texts, messages or emails shall be professional in tone
  3. Electronic communication between Persons in Authority and Athletes that is personal in nature should be avoided. If such personal communication is unavoidable, it must be recorded and available for review by another Person in Authority and/or by the Athlete’s parent/guardian (when the Athlete is a Vulnerable Participant)
  4. Parents/guardians may request that their child not be contacted by a Person in Authority using any form of electronic communication and/or may request that certain information about their child not be distributed in any form of electronic communication
  5. All communication between a Person in Authority and Athletes must be between the hours of 6:00am and midnight unless extenuating circumstances justify otherwise
  6. Communication concerning drugs or alcohol use (unless regarding its prohibition) is not permitted
  7. No sexually explicit language or imagery or sexually oriented conversation may be communicated in any medium
  8. Persons in Authority are not permitted to ask Athletes to keep a personal secret for them

Travel

  1. For travel involving Persons in Authority and Athletes, Nakkertok Nordic Association recommends:
  2. Where reasonably possible, teams or groups of Athlete should have at least two Persons in Authority with them
  3. For mixed gender teams or groups of Athletes, reasonable efforts should be made for team staff to include one Person in Authority from each gender; however, where required by the Nakkertok Nordic Association Board of Directors, one Person in Authority from each gender shall travel with mixed gender teams or groups of Athletes
  4. If two Persons in Authority cannot be present, reasonable efforts should be made to supplement supervision with screened parents or other volunteers
  5. To the extent possible, no Person in Authority may drive a vehicle alone with an Athlete unless the Person in Authority is the Athlete’s parent or guardian
  6. A Person in Authority may not share a hotel room or bedroom or be alone with an Athlete unless the Person in Authority is the Athlete’s parent/guardian or spouse
  7. Room or bed checks during overnight stays must be done by two Persons in Authority
  8. For overnight travel when Athletes share a hotel room, roommates must be age-appropriate and of the same gender identity

Locker Rooms / Changing Areas

  1. For locker rooms, changing areas and other closed meeting spaces, Nakkertok Nordic Association recommends:
  2. Interactions between Persons in Authority and Athletes should not occur in any area where there is a reasonable expectation of privacy such as a locker room, washroom or changing area. A second adult should be present for any necessary interaction between an adult and an Athlete in any such area
  3. 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, for reasons including but not limited to team communications and/or emergencies

Photography / Video

  1. For all photography and video of an Athlete, Nakkertok Nordic Association recommends:
  2. Photographs and video should only be taken in public view. Content must observe generally accepted standards of decency, and be both appropriate for and in the best interest of the Athlete
  3. The use of recording devices in areas where there is a reasonable expectation of privacy is strictly prohibited
  4. Examples of photos that shall be edited or deleted include:
  5. Images with misplaced apparel or where undergarments are showing
  6. Suggestive or provocative poses
  • Embarrassing images

Physical Contact

  1. 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. For physical contact, Nakkertok Nordic Association recommends:
  2. A Person in Authority must always request permission to make physical contact from the Athlete in advance and clearly explain where and why the physical contact will occur. The Person in Authority must make clear that they are requesting to touch the Athlete and not requiring physical contact
  3. Infrequent, incidental physical contact during a training session is not considered a violation of this Athlete Protection Policy
  4. Non-essential physical contact may not be initiated by the Person of Authority. It is recognized that some Athletes may initiate non-essential physical contact such as hugging or other physical contact with a Person in Authority for various reasons (e.g., such as celebrating or crying after a poor performance). This physical contact should always occur in an open and observable environment.

Enforcement

  1. Any alleged violations of this Athlete Protection Policy shall be addressed pursuant to the Discipline and Complaints Policy.

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.

Code of Conduct and Ethics

UCCMS Definitions

  1. The following terms are defined in the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”), as amended from time to time by the Sport Dispute Resolution Centre of Canada (“SDRCC”):
  2. Consent
  3. Disclosure
  4. Discrimination
  5. Duty to Report
  6. Grooming
  7. Maltreatment
  8. Minor
  9. Neglect
  10. Physical Maltreatment
  11. Power Imbalance
  12. Prohibited Behaviour
  13. Psychological Maltreatment
  14. Reporting (or Report)
  15. Sexual Maltreatment
  16. Vulnerable Participant

Any defined terms from the UCCMS that are not explicitly listed above shall be understood as defined in the UCCMS, as amended from time to time by the SDRCC, if reference to any such terms is necessary in the course of the application of this Code of Conduct and Ethics.

Definitions

  1. The following terms have these meanings in this Code:
  2. Athlete – An individual who is subject to the policies of Nakkertok Nordic Association, and who may also be subject to the policies of Cross Country Ski Ontario, Nordiq Canada and the UCCMS
  3. Abuse – Includes Psychological Maltreatment, Physical Maltreatment, Neglect, and/or Grooming of Vulnerable Participants by Persons in Authority and which can have the following warning signs:
  4. Recurrent unexplained injuries
  5. Alert behaviour; individual seems to always be expecting something bad to happen
  • Often wears clothing that covers up their skin, even in warm weather
  1. Individual startles easily, shies away from touch or shows other skittish behaviour
  2. Constantly seems fearful or anxious about doing something wrong
  3. Withdrawn from peers and adults
  • Behaviour fluctuates between extremes (e.g., extremely cooperative or extremely demanding)
  • Acting inappropriately younger than their age (like an infant; throwing tantrums)
  1. Acting out in an inappropriate sexual way with toys or objects
  2. Self-harm (e.g., cutting, burning or other harmful activities)
  3. Not wanting to be alone with a particular individual
  4. Bullying – is offensive behaviour and/or abusive treatment of a Participant that typically, but not always, involves an abuse of power. Examples of behaviour that may constitute Bullying include, but are not limited to:
  5. Spreading malicious rumours, gossip or innuendos with the intent of causing harm or suffering to a Participant;
  6. Excluding or isolating a Participant socially with the intent of causing them harm or suffering;
  • Making offensive jokes or derogatory comments to a Participant or to others;
  1. Yelling, verbally berating or using profanity;
  2. Assigning unreasonable duties or workload which are unfavourable to a Participant; or
  3. Any form of cyber bullying which can include:
  4. Sending mean or threatening emails or text/instant messages
  5. Posting embarrassing photos of someone online
  6. Creating a website to make fun of others
  7. Pretending to be someone else
  8. Tricking someone into sending pictures or videos or revealing personal information
  9. Sending personal information (including pictures and videos) about someone else to a third-party
  10. Event – An event sanctioned by Nakkertok Nordic Association, and which may include a social Event
  11. Harassment – A course of vexatious comment or conduct against a Participant or group, which is known or ought reasonably to be known to be unwelcome. Types of behaviour that constitute Harassment include, but are not limited to:
  12. Written or verbal abuse, threats, or outbursts;
  13. Persistent unwelcome remarks, jokes, comments, innuendo, or taunts;
  • Racial harassment, which is racial slurs, jokes, name calling, or insulting behaviour or terminology that reinforces stereotypes or discounts abilities because of racial or ethnic origin;
  1. Leering or other suggestive or obscene gestures;
  2. Condescending or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions;
  3. Practical jokes which endanger a person’s safety, or may negatively affect performance;
  • Hazing – which is any form of conduct which exhibits any potentially humiliating, degrading, abusive, or dangerous activity expected of a junior-ranking individual by a more senior individual, which does not contribute to either individual’s positive development, but is required to be accepted as part of a team or group, regardless of the junior-ranking individual’s willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate or group member based on class, number of years on the team or with the group, or ability;
  • Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing;
  1. Deliberately excluding or socially isolating a person from a group or team;
  2. Persistent sexual flirtations, advances, requests, or invitations;
  3. Physical or sexual assault;
  • Contributing to a poisoned sport environment, which can include:
  1. Locations where material that is discriminatory is displayed (e.g., sexually explicit posters and racial/racist cartoons)
  2. Groups where harassing behaviour is part of the normal course of activities
  3. Behaviour that causes embarrassment, awkwardness, endangers a person’s safety or negatively affects performance.
  • Behaviours such as those described above that are not directed towards a specific person or group but have the same effect of creating a negative or hostile environment; and
  • Retaliation or threats of retaliation against a person who reports harassment to Nordiq Canada, Cross Country Ski Ontario or Nakkertok Nordic Association
  1. Participants – Refers to all categories of individual Members as defined in the By-laws of Nakkertok Nordic Association, who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers
  2. Person in Authority – Any Participant who holds a position of authority within Nakkertok Nordic Association including, but not limited to, coaches, instructors, officials, managers, support personnel, chaperones, committee members, directors or officers
  3. Workplace – Any place where business or work-related activities are conducted. Workplaces include but are not limited to, the registered office(s), work-related social functions, work assignments outside the registered office(s), work-related travel, the training and competition environment, and work-related conferences or training sessions
  4. Workplace Harassment – Vexatious comment or conduct against a worker 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. Types of behaviour that constitute Workplace Harassment include, but are not limited to:
  5. Bullying;
  6. Workplace pranks, vandalism, or hazing;
  • Repeated offensive or intimidating phone calls or emails;
  1. Inappropriate sexual touching, advances, suggestions or requests;
  2. Displaying or circulating offensive pictures, photographs or materials in printed or electronic form;
  3. Psychological abuse;
  • Excluding or ignoring someone, including persistent exclusion of a person from work-related social gatherings;
  • Deliberately withholding information that would enable a person to do their job, perform or train;
  1. Sabotaging someone else’s work or performance;
  2. Gossiping or spreading malicious rumours;
  3. Intimidating words or conduct (offensive jokes or innuendos); and
  • Words or actions which are known, or ought reasonably to be known, as offensive, embarrassing, humiliating, or demeaning.
  1. 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. Types of behaviour that constitute Workplace Violence include, but are not limited to:
  2. Verbal or written threats to attack;
  3. Sending to or leaving threatening notes or emails;
  • Physically threatening behaviour such as shaking a fist at someone, finger pointing, destroying property, or throwing objects;
  1. Wielding a weapon in a Workplace;
  2. Hitting, pinching or unwanted touching which is not accidental;
  3. Dangerous or threatening horseplay;
  • Physical restraint or confinement;
  • Blatant or intentional disregard for the safety or wellbeing of others;
  1. Blocking normal movement or physical interference, with or without the use of equipment;
  2. Sexual assault; and
  3. Any attempt to engage in the type of conduct outlined above

Purpose

  1. The purpose of this Code is to ensure a safe and positive environment within the programs, activities, and Events of Nakkertok Nordic Association by making Participants aware that there is an expectation, at all times, of appropriate behaviour consistent with the organization’s core values and policies. Nakkertok Nordic Association supports equal opportunity, prohibits discriminatory practices, and is committed to providing an environment in which all individuals can safely participate in sport and are treated with respect and fairness.

Application of this Code

  1. This Code applies to any Participant’s conduct during the business, activities, and Events of Nakkertok Nordic Association 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.
  2. This Code also applies to Participants’ conduct outside of the business, activities, and Events of Nakkertok Nordic Association when such conduct adversely affects the organization’s relationships (and the work and sport environment) or is detrimental to the image and reputation of Nakkertok Nordic Association. Such applicability will be determined by Nakkertok Nordic Association, at its sole discretion.
  3. This Code applies to Participants active in the sport or who have retired from the sport where any claim regarding a potential breach of this Code occurred when the Participant was active in the sport.
  4. In addition, breaches of this Code may occur when the Participants involved interacted due to their mutual involvement in the sport or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Participant(s).
  5. Any Participant who violates this Code may be subject to sanctions pursuant to the Discipline and Complaints Policy. In addition to facing possible sanctions pursuant to the Discipline and Complaints Policy, a Participant who violates this Code during a competition may be removed from the competition or training area, and the Participant may be subject to further sanctions.

UCCMS

  1. As Nordiq Canada has adopted the UCCMS, it shall be incorporated into this Code by reference as if set out in full herein. Any modifications or amendments made to the UCCMS by the SDRCC shall come into effect immediately upon their adoption by the SDRCC, without the need for any further action by Nakkertok Nordic Association or by Nordiq Canada.

Persons in Authority and Maltreatment

  1. When they are a Person in Authority, Participants are responsible for knowing what constitutes Prohibited Behaviour and Maltreatment. The categories of Prohibited Behaviour and Maltreatment are not mutually exclusive, nor are the examples provided in each category an exhaustive list. Rather, what matters for the assessment of the Prohibited Behaviour and/or Maltreatment is whether the conduct falls into one or more of the categories, not into which category it falls. Abuse, assault, Harassment, Bullying, and hazing can be experienced in more than one category of Prohibited Behaviour or Maltreatment.
  2. Prohibited Behaviour and/or Maltreatment can be any of the described conduct, provided the Prohibited Behaviour or Maltreatment occurs in any one or a combination of the following situations (The physical location(s) where the alleged Prohibited Behaviour or Maltreatment occurred is not determinative):
  3. Within a sport environment;
  4. When the Participant alleged to have committed Prohibited Behaviour and/or Maltreatment was engaging in sport activities;
  5. When the Participants involved interacted due to their mutual involvement in sport; or
  6. Outside of the sport environment where the Prohibited Behaviour and/or Maltreatment has a serious and detrimental impact on another Participant.
  7. It is a violation of the Code for sport administrators or other Persons in Authority to place Participants in situations that make them vulnerable to Prohibited Behaviour or Maltreatment. This includes, but is not limited to, instructing an Athlete and coach to share a hotel room when traveling, hiring a coach who has a history of Prohibited Behaviour or Maltreatment, assigning guides and other support staff to a para-Athlete when the guide or support staff has a reputation for Prohibited Behaviour or Maltreatment or assigning such a guide or support staff to a para-Athlete in the absence of consultation with the para-Athlete.

Responsibilities

  1. Participants have a responsibility to:
  2. Conduct themselves in a manner consistent with the True Sport principles
  3. Refrain from any behaviour that constitutes Prohibited Behaviour, Maltreatment, Discrimination, Harassment, Workplace Harassment, or Workplace Violence
  4. Maintain and enhance the dignity and self-esteem of other Participants by:
  5. Treating each other with the highest standards of fairness, honesty, respect and integrity;
  6. Focusing comments or criticism appropriately and avoiding public criticism of Athletes, coaches, officials, organizers, volunteers, employees, other Participants, Nordiq Canada, its Members or clubs;
  • Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct;
  1. Acting, when appropriate, to correct or prevent practices that are unjustly discriminatory; and
  2. Ensuring adherence to the rules of the sport and the spirit of those rules.
  3. 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. More specifically, Nakkertok Nordic Association adopts and adheres to the Canadian Anti-Doping Program. Nakkertok Nordic Association will respect any sanction imposed on a Participant as a result of a breach of the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules
  4. 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
  5. Reasonably cooperate with the CCES or another anti-doping organization that is investigating anti-doping rule violations
  6. Not harass, intimidate or otherwise conduct themselves offensively towards a doping control official or other individual involved in doping control
  7. Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities
  8. Refrain from consuming tobacco products, cannabis, or recreational drugs while participating in the programs, activities, competitions, or Events of Nakkertok Nordic Association;
  9. In the case of Minors, not consume alcohol, tobacco, or cannabis at any competition or Event;
  10. In the case of adults, not consume cannabis in the Workplace or in any situation associated with the Events of Nakkertok Nordic Association (subject to any requirements for accommodation), not consume alcohol during training, competitions, or in situations where Minors are present, and take reasonable steps to manage the responsible consumption of alcohol in adult-oriented social situations
  11. When driving a vehicle:
  12. Have a valid driver’s license;
  13. Not be under the influence of alcohol or illegal drugs or substances;
  • Have valid car insurance; and
  1. Refrain from holding a mobile device.
  2. Respect the property of others and not wilfully cause damage
  3. Promote sport in the most constructive and positive manner possible
  4. Refrain from engaging in deliberate cheating which is intended to manipulate the outcome of a para-classification, competition and/or not offer or receive any bribe which is intended to manipulate the outcome of a competition
  5. Adhere to all federal, provincial/territorial, municipal and host country laws
  6. Comply, at all times, with the bylaws, policies, procedures, and rules and regulations of Nakkertok Nordic Association and those of any other sport organization with authority over the Participant, as applicable and as adopted and amended from time to time
  7. Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions involving a Participant to Nakkertok Nordic Association, including, but not limited to, those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method

Directors, Committee Members, and Staff

  1. In addition to section 13 (above), Directors, Committee Members, and staff of Nakkertok Nordic Associationwill have additional responsibilities to:
  2. Function primarily as a Director or Committee Member or staff member of Nakkertok Nordic Association (as applicable) and not as a member of any other organization or constituency
  3. Ensure their loyalty prioritizes the interests of Nakkertok Nordic Association
  4. Act with honesty and integrity and conduct themselves in a manner consistent with the True Sport principles and with the nature and responsibilities of the business and the maintenance of Participants’ confidence
  5. Ensure that financial affairs are conducted in a responsible and transparent manner with due regard for all fiduciary responsibilities
  6. Comply with the Screening Policy
  7. Conduct themselves openly, professionally, lawfully and in good faith
  8. Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward, or fear of criticism
  9. Behave with decorum appropriate to both circumstance and position
  10. Exercise the degree of care, diligence, and skill required in the performance of their duties pursuant to applicable laws
  11. Maintain confidentiality of private organizational information
  12. When acting as a Director a Committee Member, respect the decisions of the majority (the Board or a Committee, as applicable) and resign if unable to do so
  13. Commit the time to attend meetings and be diligent in preparation for, and participation in, discussions at such meetings
  14. Have a thorough knowledge and understanding of all governance documents

Coaches, Instructors, Trainers, and Athlete Support Personnel

  1. In addition to section 13 (above), coaches, instructors, trainers and athlete support personnel have many additional responsibilities. The coach-Athlete relationship is a privileged one and plays a critical role in the personal, sport, and athletic development of the Athlete. Coaches must understand and respect the inherent power imbalance that exists in this relationship and must be extremely careful not to abuse it, either consciously or unconsciously. Coaches, instructors, trainers, and athlete support personnel will:
  2. Avoid any behaviour that abuses the Power Imbalance inherent in the coaching position to (i) establish or maintain a sexual relationship with an Athlete that they are coaching, or (ii) encourage inappropriate physical or emotional intimacy with an Athlete, regardless of the Athlete’s age
  3. Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability, and fitness level of the Athletes
  4. Prepare Athletes systematically and progressively, using appropriate time frames and monitoring physical and psychological adjustments while refraining from using training methods or techniques that may harm Athletes
  5. 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
  6. Support the coaching staff of a training camp, provincial/territorial team, or national team, should an Athlete qualify for participation with one of these programs
  7. Accept and promote Athletes’ personal goals and refer Athletes to other coaches and sport specialists as appropriate
  8. Provide Athletes (and the parents/guardians of Minor Athletes) with the information necessary to be involved in the decisions that affect the Athlete
  9. Act in the best interest of the Athlete’s development as a whole person
  10. Comply with the Screening Policy
  11. Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions to Nakkertok Nordic Association (as applicable), including those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method
  12. Not coach, train, or otherwise support athletes if they use methods or substances prohibited by the Canadian Anti-Doping Program without valid and acceptable justification
  13. 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
  14. Respect Athletes competing for other jurisdictions and, in dealings with them, not encroach upon topics or actions which are deemed to be within the realm of ‘coaching’, unless after first receiving approval from the coaches who are responsible for the Athletes
  15. Not engage in a sexual or intimate relationship with an Athlete of any age in which the coach is in a position of trust or authority
  16. Disclose to Nakkertok Nordic Association any sexual or intimate relationship with an athlete over the age of majority and immediately discontinue any coaching involvement with that athlete
  17. Recognize the power inherent in the position of coach and respect and promote the rights of all participants 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 participants who are in a vulnerable or dependent position and less able to protect their own rights
  18. Dress professionally and use appropriate language

Athletes

  1. In addition to section 13 (above), Athletes will have additional responsibilities to:
  2. Adhere to their Athlete Agreement (if applicable)
  3. Report any medical problems in a timely fashion, when such problems may limit their ability to travel, practice, or compete
  4. Participate and appear on-time and prepared to participate to their best abilities in all competitions, practices, training sessions, and evaluations
  5. 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
  6. Adhere to any rules and requirements regarding clothing and equipment
  7. Dress to represent the sport and themselves with professionalism
  8. Act in accordance with applicable policies and procedures and, when applicable, additional rules as outlined by coaches or managers

Officials

  1. In addition to section 13 (above), officials will have additional responsibilities to:
  2. Maintain and update their knowledge of the rules and rules changes
  3. Not publicly criticize other officials
  4. Work within the boundaries of their position’s description while supporting the work of other officials
  5. Act as an ambassador of the sport by agreeing to enforce and abide by national and provincial/territorial rules and regulations
  6. Take ownership of actions and decisions made while officiating
  7. Respect the rights, dignity, and worth of all Participants
  8. Act openly, impartially, professionally, lawfully, and in good faith
  9. Be fair, equitable, considerate, independent, honest, and impartial in all dealings with others
  10. Respect the confidentiality required by issues of a sensitive nature, which may include discipline processes, appeals, and specific information or data about Participants
  11. Comply with the Screening Policy
  12. Honour all assignments unless unable to do so by virtue of illness or personal emergency, and in these cases inform a supervisor at the earliest possible time
  13. When writing reports, set out the actual facts to the best of their knowledge and recollection
  14. Dress in proper attire for officiating

Parents/Guardians and Spectators

  1. In addition to section 13 (above), parents/guardians and spectators at Events will:
  2. Encourage Athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence
  3. Condemn the use of violence in any form
  4. Never ridicule a participant for making a mistake during a competition or practice
  5. Respect the decisions and judgments of officials, and encourage Athletes to do the same
  6. Support all efforts to remove verbal and physical abuse, coercion, intimidation, and sarcasm
  7. Respect and show appreciation to all competitors, and to coaches, officials and other volunteers
  8. Never harass competitors, coaches, officials, parents/guardians, or other spectators

Retaliation, Retribution or Reprisal

  1. It is a breach of this Code for any Participant to engage in any act that threatens or seeks to intimidate another individual with the intent of discouraging that Participant from filing, in good faith, a Report pursuant to any Nordiq Canada, Cross Country Ski Ontario, or Nakkertok Nordic Association policy or the UCCMS. It is also a breach of this Code for a Participant to file a Report for the purpose of retaliation, retribution or reprisal against any other Participant. Any Participant found to be in breach of this section shall be liable for the costs related to the disciplinary process required to establish the breach.

Privacy

The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.

Events and Discipline Procedures

** This Event Discipline Policy does not supersede or replace the Discipline and Complaints Policy **

Definitions

  1. Terms in this Policy are defined as follows:
    1. Athlete – An individual who is subject to the policies of Nakkertok Nordic Association, and who may also be subject to the policies of Cross Country Ski Ontario, Nordiq Canada and the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”)
    2. Event – An event sanctioned by Nakkertok Nordic Association, and which may include a social Event
    3. OSIC – The Office of the Sport Integrity Commissioner, an independent division of the SDRCC, which comprises the functions of the Sport Integrity Commissioner; also referred to as Abuse-Free Sport
    4. Participants – Refers to all categories of individual Members as defined in the By-laws of Nakkertok Nordic Association who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers
    5. SDRCC – The Sport Dispute Resolution Centre of Canada
    6. UCCMS – The Universal Code of Conduct to Prevent and Address Maltreatment in Sport, as amended from time to time by the SDRCC
    7. UCCMS Participant – A Participant affiliated with Nordiq Canada, as designated by Nordiq Canada, and who has signed the required consent form. For Nordiq Canada, UCCMS Participants Include:
      1. Board Members
      2. Employees
  • Contract staff
  1. Service providers who enter the national team environment
  2. High Performance Committee members
  3. Voting jury members
  • Master learning facilitators
  • National team athletes
  1. Athletes
  2. Staff and mentees who participate in national camps and/or competition trips

Purpose

  1. Nakkertok Nordic Association is committed to providing a competition environment in which all Participants are treated with respect. This Procedure outlines how alleged misconduct that occurs during an Event will be handled.

Scope and Application of this Policy

  1. This Procedure will be applied to all Events sanctioned by Nakkertok Nordic Association.
  1. If the Event is being sanctioned by an organization other than Nakkertok Nordic Association (e.g., Cross Country Ski Ontario, Nordiq Canada or an international federation), the procedures for event discipline of the host organization will replace this procedure. Incidents involving Participants connected with Nakkertok Nordic Association (such as Athletes, coaches, and Directors and Officers) must still be reported by the head coach or team representative to Cross Country Ski Ontario to be addressed under the Discipline and Complaints Policy, if necessary.
  1. This Procedure does not replace or supersede the Discipline and Complaints Policy or the jurisdiction of the OSIC, where the involved parties are UCCMS Participants. Instead, this Procedure works in concert with the Discipline and Complaints Policy or UCCMS (as administered by the OSIC) by outlining, for a designated person with authority at an Event sanctioned by Nakkertok Nordic Association, the procedure for taking immediate, informal, or corrective action in the event of a possible violation of the Code of Conduct and Ethics.

Misconduct During Events

  1. Incidents that violate or potentially violate the Code of Conduct and Ethics, which can occur during a competition, away from the area of competition, or between parties connected to the Event, shall be reported by the head coach or team representative to a designated person (usually the chief official) responsible at the Event.
  1. The designated person at the Event shall use the following procedure to address the incident that violated or potentially violated the Code of Conduct and Ethics:
  2. Notify the involved parties that there has been an incident that violated or potentially violated the Code of Conduct and Ethics
  3. Convene a jury of either one person or three people (one of whom shall be designated the Chairperson), who shall not be in a conflict of interest or involved in the original incident, to determine whether the Code of Conduct and Ethics has been violated. The designated person at the Event may serve on the jury
  4. The jury will interview and secure statements from any witnesses to the alleged violation
  5. If the violation occurred during a competition, interviews will be held with the officials who officiated or observed the competition and with the coaches and captains of each team when necessary and appropriate
  6. The jury will secure a statement from the person(s) accused of the violation
  7. The jury will render a decision and determine a possible penalty
  8. The Chairperson of the jury will inform all parties of the jury’s decision
  1. The penalty determined by the jury may include any of the following, singularly or in combination:
  2. Oral or written warning
  3. Oral or written reprimand
  4. Suspension from future competitions at the Event
  5. Ejection from the Event
  6. Other appropriate penalty as determined by the jury
  1. The jury does not have the authority to determine a penalty that exceeds the duration of the Event. A full written report of the incident and the jury’s decision shall be submitted to Nakkertok Nordic Association by the Chair of the jury following the conclusion of the Event. Further discipline may then be applied in accordance with the Discipline and Complaints Policy or UCCMS (as administered by the OSIC), if necessary.
  1. Decisions made pursuant to this Policy may not be appealed.
  1. This Policy does not prohibit other Participants from reporting the same incident to Nakkertok Nordic Association, Cross Country Ski Ontario, Nordiq Canada, or the OSIC, as applicable, to be addressed as a formal complaint under the Discipline and Complaints Policy or the UCCMS (as administered by the OSIC).
  1. Nakkertok Nordic Association shall record and maintain records of all reported incidents.

Timeliness

  1. The procedures outlined in this Procedure are Event-specific and therefore shall be exercised and implemented as soon as it is reasonable to do so. The final decision of the jury must be reached and communicated to the Parties prior to the conclusion of the event in order for it to be effective.
  1. Decisions issued by the jury after the conclusion of the event will not be enforceable.

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.

Screening Policy

Definitions

  1. The following defined terms have these meanings in this Policy:
  2. Athlete – An individual who is subject to the policies of Nakkertok Nordic Association, and who may also be subject to the policies of Cross Country Ski Ontario, Nordiq Canada and the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”)
  3. Criminal Record Check (CRC) – A search of the RCMP Canadian Police Information Centre (CPIC) system for adult convictions
  4. Enhanced Police Information Check (E-PIC) – a Criminal Record Check plus a search of Local Police Information, available from Sterling Backcheck
  5. Local Police Information (LPI) – Additional conviction and selected non-conviction information in national and local police data sources which may be relevant to the position sought
  6. Minor – as defined in the UCCMS and as amended from time by the Sport Dispute Resolution Centre of Canada
  7. Participants – Refers to all categories of individual Members as defined in the By-laws of Nakkertok Nordic Association, who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers
  8. 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

 

Preamble

  1. Nakkertok Nordic Association understands that screening personnel and volunteers is a vital part of providing a safe sporting environment and has become a common practice among sport organizations that provide programs and services to the sport community.

Application of this Policy

  1. This Policy applies to all individuals whose position with Nakkertok Nordic Association is one of trust or authority which may relate to, at a minimum, finances, supervision, or Vulnerable Participants.
  1. Not all individuals associated with Nakkertok Nordic Association will be required to obtain a criminal record check or submit screening documents because not all positions pose a risk of harm to Nakkertok Nordic Association or Participants. Participants will be subject to the screening requirements described in the Screening Requirements Matrix found in Appendix A of this Policy.

Screening Committee

  1. The implementation of this policy is the responsibility of the Screening Committee which is a committee composed of either one (1) or three (3) members. Nakkertok Nordic Association will ensure that the members appointed to the Screening Committee possess the requisite skills, knowledge and abilities to accurately screen documents and render decisions under this Policy.
  1. The Screening Committee is responsible for reviewing all documents submitted and, based on the review, making decisions regarding the appropriateness of individuals filling positions within Nakkertok Nordic Association. In carrying out its duties, the Screening Committee may consult with independent experts including lawyers, police, risk management consultants, volunteer screening specialists, or any other person.
  1. Nothing in this Policy restricts or limits the Screening Committee from requesting that the individual attend an interview with the Screening Committee if the Screening Committee considers that an interview is appropriate and necessary to screen the individual’s application.
  1. Nothing in this Policy restricts or limits the Screening Committee from requesting the individual’s authorization to contact any professional, sporting or other organization in order to assess the individual’s suitability for the position that they are seeking.
  1. Nothing in this Policy restricts or limits the Screening Committee from requesting further information from the individual on more than one occasion, subject to the individual’s right to insist that the Screening Committee make a decision on the basis of the information before it.
  1. The Screening Committee may, where appropriate, draw an adverse inference from an individual’s failure to provide information or answer queries.
  1. When assessing an individual’s screening application, the Screening Committee shall determine whether there is reason to believe that the individual may pose a risk to Nakkertok Nordic Association or to another individual.
  1. An individual having been previously penalized for a prior offence shall not prevent the Screening Committee from considering that offence as part of the individual’s screening application.
  1. If the Screening Committee determines on the basis of the individual’s screening application, in addition to any further material received by it, that the individual does not pose a risk to Nakkertok Nordic Association or Participants, the Screening Committee shall approve the individual’s application, subject to the Screening Committee’s right to impose conditions.
  1. In the case of a decision denying an application or approving an application with conditions, a copy of the decision shall be provided to the applicant and to the Board of Directors of Nakkertok Nordic Association. Subject to applicable privacy and/or employment legislation and any related internal policies, Nakkertok Nordic Association may disseminate the decision as they see fit in order to best fulfil the mandate of Nakkertok Nordic Association.
  1. A Participant whose screening application has been denied or revoked may not re-apply to participate in the programs or activities of Nakkertok Nordic Association for two (2) years from the date the rejected application was made.

Screening Requirements

  1. A Screening Requirements Matrix is provided as Appendix A.
  1. It is the policy of Nakkertok Nordic Association that when an individual is first engaged by the organization:
  2. Level 1 individuals will:
    1. Participate in training, orientation, and monitoring as described in the Screening Requirements Matrix (Appendix A)
  1. Level 2 individuals will:
    1. Complete an Application Form (Appendix B)
    2. Complete a Screening Disclosure Form (Appendix C)
  • Complete and provide an E-PIC
  1. Participate in training, orientation, and monitoring as described in the Screening Requirements Matrix (Appendix A)
  2. Provide a driver’s abstract, if requested
  1. Level 3 individuals will:
    1. Complete an Application Form (Appendix B)
    2. Complete a Screening Disclosure Form (Appendix C)
  • Complete and provide an E-PIC and a VSC
  1. Provide one letter of character reference from someone without conflict
  2. Participate in training, orientation, and monitoring as described in the Screening Requirements Matrix (Appendix A)
  3. Provide a driver’s abstract, if requested
  1. If an individual subsequently receives a charge, conviction for, or is found guilty of, an offense they will report this circumstance immediately to Nakkertok Nordic Association. Additionally, the individual will inform the organization of any changes in their circumstance that would alter their original responses in their Screening Disclosure Form.
  1. If Nakkertok Nordic Association 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.

Young People

  1. For the purposes of this Policy, Nakkertok Nordic Association defines a young person as someone who is younger than 18 years old. When screening young people, Nakkertok Nordic Association will:
  2. Not require the young person to obtain a VSC or E-PIC; and
  3. In lieu of obtaining a VSC or E-PIC, require the young person to submit up to two (2) additional letters of reference.
  4. Notwithstanding the above, Nakkertok Nordic Association may ask a young person to obtain a VSC or E-PIC if the organization suspects the young person 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 young person’s youth record. Nakkertok Nordic Association understands that they may not request to see a young person’s youth record.

Renewal

  1. Unless the Screening Committee determines, on a case-by-case basis, to modify the submission requirements, individuals who are required to submit an E-PIC, Screening Disclosure Form, or Screening Renewal Form, are required to submit the documents as follows:
  2. An E-PIC every three years
  3. A Screening Disclosure Form every three years
  4. A Screening Renewal Form (Appendix D) every year
  5. A Vulnerable Sector Check once
  6. At any time, including after either the submission of an individual’s application or its approval (with or without conditions), the Screening Committee may re-open an individual’s file for additional screening if it is advised of new information that, in the discretion of Nakkertok Nordic Association, could affect the assessment of the individual’s suitability for participation in the programs or activities of Nakkertok Nordic Association, or the individual’s interactions with other individuals involved with Nakkertok Nordic Association.

Orientation, Training, and Monitoring

  1. The type and amount of orientation, training in addition to the training required per the Screening Requirements Matrix (Appendix A), and monitoring will be based on the individual’s level of risk, at the discretion of Nakkertok Nordic Association.
  2. Orientation may include, but is not limited to: introductory presentations, facility tours, equipment demonstrations, parent/Athlete meetings, meetings with colleagues and supervisors, orientation manuals, orientation sessions, and increased supervision during initial tasks or initial period of engagement.
  3. Training may include, but is not limited to: certification courses, online learning, mentoring, workshop sessions, webinars, on-site demonstrations, and peer feedback.
  4. At the conclusion of orientation and training, the individual will be required to acknowledge, in written form, that they have received and completed the orientation and training (Appendix E).
  5. Monitoring may include but is not limited to: written or oral reports, observations, tracking, electronic surveillance (e.g., facility security cameras), and site visits.
  6. Nakkertok Nordic Association will annually ensure that Participants have received up-to-date training. When the training program has been substantially updated to include new information or resources, or if the Participant’s certification has expired, the Participant will be required to re-take the training.
  7. Nakkertok Nordic Association will provide annual, up-to-date information on their policies and procedures related to Prohibited Behaviour and Maltreatment. Additional training resources may be provided by Cross Country Ski Ontario, Nordiq Canada, the Office of the Sport Integrity Commissioner (OSIC) and/or Abuse-Free Sport.

How to Obtain an E-PIC or VSC

  1. Information on obtaining an E-PIC can be obtained from the Nakkertok Nordic Association’s Club Administrator.
  2. Nakkertok Nordic Association and Participants understand that the requirements and process for obtaining a criminal record check may vary by province. Nakkertok Nordic Association and/or the Participant, as the case may be, are responsible for confirming and following the applicable requirements and process in each case.
  3. Questions concerning a VSC should be directed to the relevant local RCMP office or police service. Fees may also be required.
  4. Nakkertok Nordic Association understands that they may be required to assist an individual with obtaining a VSC. A Request for VSC (Appendix E) may need to be submitted or other documentation may need to be completed that describes the nature of the organization and the individual’s role with Vulnerable Participants.

Procedure

  1. Screening documents must be submitted to the Screening Committee.
  2. An individual who refuses or fails to provide the necessary screening documents will be ineligible to volunteer or apply for the position sought. The individual will be informed that their application and/or position will not proceed until such time as the screening documents are submitted.
  3. Nakkertok Nordic Association understands that there may be delays in receiving the results of an E-PIC or a VSC. At the discretion of Nakkertok Nordic Association, an individual may be permitted to participate in the role during the delay. This permission may be withdrawn at any time and for any reason.
  4. Nakkertok Nordic Association recognizes that different information will be available depending on the type of screening document that the individual has submitted. For example, an E-PIC may show details of a specific offense, or not, and/or a VSC may be returned with specific information or simply a notification indicating ‘cleared’ or ‘not cleared’. The Screening Committee will use its expertise and discretion when making decisions based on the screening documents that have been submitted.
  5. Following the review of the screening documents, the Screening Committee will decide:
  6. The individual has passed screening and may participate in the desired position;
  7. The individual has passed screening and may participate in the desired position with conditions;
  8. The individual has not passed screening and may not participate in the desired position; or
  9. More information is required from the individual.
  10. In making its decision, the Screening Committee will consider the type of offense, date of offense, and relevance of the offense to the position sought.
  11. The Screening Committee must decide that an individual has not passed screening if the screening documentation reveals any of the following:
  • If imposed in the last three years:
  1. Any offense involving the use of a motor vehicle, including but not limited to impaired driving
  2. Any offense of assault, physical or psychological violence
  • Any offense involving trafficking or possession of illegal drugs
  1. Any offense involving conduct against public morals
  2. Any offense involving theft or fraud
  • If imposed at any time:
  1. Any offense involving a Minor or Minors
  2. Any offense involving the possession, distribution, or sale of any child-related pornography
  • Any sexual offense

Conditions and Monitoring

  1. Excluding the incidents above which, if revealed, would cause the individual to not pass screening, the Screening Committee 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 The Screening Committee shall have the sole and unfettered discretion to apply and remove conditions, determine the length of time for the imposition of conditions, and determine the means by which adherence to conditions may be monitored.

Records

  1. All records will be maintained in a confidential manner and will not be disclosed to others except as required by law, for use in legal, quasi-legal, or disciplinary proceedings.
  1. The records kept as part of the screening process include but are not limited to:
  2. An individual’s Vulnerable Sector Check
  3. An individual’s E-PIC (for a period of three years)
  4. An individual’s Screening Disclosure Form (for a period of three years)
  5. An individual’s Screening Renewal Form (for a period of one year)
  6. Records of any conditions attached to an individual’s registration by the Screening Committee
  7. Records of any discipline applied to any individual by Nakkertok Nordic Association or by another sport organization

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.
  1. Nakkertok Nordic Association or any of its delegates pursuant to this Policy (i.e., the Screening Committee) shall comply with Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information in the performance of their services under this Policy.

Appendix A – Screening Requirements Matrix

The roles listed in the matrix are only examples or where individuals could be assessed based on the risk their role might pose. Every club structure is different. Clubs need to consider the roles and associated risk within their own organizations to determine whether an individual requires screening and training and, if so, where an individual falls in the matrix.

Risk Level Roles Training Required 1, 2, 3 Screening Timing
Level 1

Low Risk

Nordiq Canada Race License holders, excluding Associate Race License and Development License holder

1 Athletes attest to having satisfied training requirements as part of their Nordiq Canada Race License application; clubs should confirm with their athletes that the training is complete.

·   CAC Safe Sport training, and

·   CAC Understanding the Rule of Two eLearning Module

2 Parents of minor athletes are highly encouraged to take this training.

Participate in training, orientation, and monitoring as determined by the organization Within 30 days of applying for the Nordiq Canada Race License
Level 2 Medium Risk a)     Anyone other than athletes and minors travelling overnight with a team

b)     Athlete support personnel (e.g.., wax technicians, integrated support team)

c)     Non-coach contractors, employees and managers with direct athlete contact

d)     Directors and officers (e.g., Board members)

e)     Jury members and major officials at race events)

f)      Nordiq Canada Licensed Coaches who are not identified under Level 3 High Risk

Required for a) to e):

·   CAC Safe Sport training, and

·   CAC Understanding the Rule of Two eLearning Module

Required f) coaches:

·   CAC Safe Sport training, and

·   CAC Understanding the Rule of Two eLearning Module, and

·   Make Ethical Decisions (MED) Online Evaluation

3 Coaches attest to having satisfied training requirements as part of their Nordiq Canada Coach License application; clubs should confirm with their coaches that the training is complete.

·  Level 1 Requirements

·  Complete and provide an E-PIC

·  Provide a driver’s abstract, if requested

The earlier of:

·  Prior to their first formal activity in their season

·  Prior to any unsupervised contact with an Athlete

·  For those without direct athlete contact, within four weeks of starting the role

Level 3

High Risk

a)     Full Time Coaches

b)     Coaches who travel with Athletes

c)     Coaches who could be alone with Athletes

Required:

·   CAC Safe Sport training, and

·   CAC Understanding the Rule of Two eLearning Module, and

·   Make Ethical Decisions (MED) Online Evaluation

3 Coaches attest to having satisfied training requirements as part of their Nordiq Canada Coach License application; clubs should confirm with their coaches that the training is complete.

·       Level 2 Requirements

·       Provide a VSC

·       A letter of character reference from someone without conflict

The earlier of:

·       Prior to their first formal activity in their season

·       Prior to any unsupervised contact with an Athlete

 

Young People

For the purposes of this Policy, Nakkertok Nordic Association defines a young person as someone who is younger than 18 years old. When screening young people, Nakkertok Nordic Association will:

a)     Not require the young person to obtain a VSC or E-PIC; and

b)     In lieu of obtaining a VSC or E-PIC, require the young person to submit up to two (2) additional letters of reference.

Social Media Policy

Definitions

  1. The following defined terms have these meanings in this Policy:
  2. Athlete – An individual who is subject to the policies of Nakkertok Nordic Association, and who may also be subject to the policies of Cross Country Ski Ontario, Nordiq Canada and the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”)
  3. Minor – as defined in the UCCMS and as amended from time to time by the Sport Dispute Resolution Centre of Canada (“SDRCC”)
  4. Participants – Refers to all categories of individual Members as defined in the By-laws of Nakkertok Nordic Association who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers
  5. Person in Authority – Any Participant who holds a position of authority within Nakkertok Nordic Association including, but not limited to, coaches, instructors, officials, managers, support personnel, chaperones, committee members, directors or officers
  6. Power Imbalance – as defined in the UCCMS and as amended from time to time by the SDRCC
  7. Social Media – The catch-all term that is applied broadly to new computer-mediated communication media such as blogs, YouTube, Facebook, Instagram, Tumblr, TikTok, Snapchat, and Twitter.

Preamble

  1. Nakkertok Nordic Association is aware that Participant interaction and communication occurs frequently on Social Media. Nakkertok Nordic Association cautions Participants that any conduct falling short of the standard of behaviour required by this Social Media Policy and the Code of Conduct and Ethics may be subject to the disciplinary sanctions identified within the Discipline and Complaints Policy.

Application of this Policy

  1. This Policy applies to all Participants.

Conduct and Behaviour

  1. All conduct and behaviour occurring on Social Media must comply with the Code of Conduct and Ethics.
  1. Participants may not engage in the following behaviour on Social Media:
    1. Posting a disrespectful, hateful, harmful, disparaging, or insulting comment on a social medium that is directed at a Participant, Nakkertok Nordic Association, Nordiq Canada or a Member[1], or at other individuals connected with Nakkertok Nordic Association or Nordiq Canada or its Members
    2. Posting a picture, altered picture, or video on a social medium that is harmful, disrespectful, insulting, embarrassing, suggestive, provocative, or otherwise offensive, and that is directed at a Participant, Nakkertok Nordic Association, Nordiq Canada or a Member, or at other individuals connected with Nakkertok Nordic Association or Nordiq Canada or its Members
    3. Creating or contributing to 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 Nakkertok Nordic Association, Nordiq Canada, its Members, or their stakeholders or reputation
    4. 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, officials and Athletes, etc.
    5. Any instance of cyber-bullying or cyber-harassment between one Participant and another Participant (including a teammate, coach, opponent, volunteer, or official), 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 behaviour, pranks or jokes, threats, posing as another person, spreading rumours or lies, or other harmful behaviour

Participants Responsibilities

  1. Participants should be aware that their social media activity may be viewed by anyone; including Nakkertok Nordic Association, Nordiq Canada and its Members.
  1. If Nakkertok Nordic Association unofficially engages with a Participant in Social Media (such as by retweeting a tweet or sharing a photo on Facebook) the Participant may, at any time, ask Nakkertok Nordic Association to cease this engagement.
  1. When using Social Media, a Participant must model appropriate behaviour befitting the Participant’s role and status in connection with Nakkertok Nordic Association.
  1. Removing content from Social Media after it has been posted (either publicly or privately) does not excuse the Participant from being subject to the Discipline and Complaints Policy.
  1. An individual who believes that a Participant’s Social Media activity is inappropriate or may violate policies and procedures should report the matter to Nakkertok Nordic Association in the manner outlined by the Discipline and Complaints Policy.

Nakkertok Nordic Association Responsibilities

  1. Nakkertok Nordic Association has a responsibility to understand if and how Persons in Authority and Athletes are using Social Media to communicate with each other. Persons in Authority and Athletes may need to be reminded that behaviour in Social Media is still subject to the Code of Conduct and Ethics and Social Media Policy.
  1. Complaints and concerns about the behaviour of a Person in Authority or Athlete in Social Media can be addressed under the Discipline and Complaints Policy.

Guidelines

  1. The Guidelines in this section provide Persons in Authority and Athletes with tips and suggestions for Social Media use. Persons in Authority and Athletes are strongly encouraged to develop their own strategy for Social Media use (either written down or not) and ensure that their strategy for Social Media use is acceptable pursuant to the Code of Conduct and Ethics.
  1. Given the nature of Social Media as a continually developing communication sphere, Nakkertok Nordic Association trusts its Persons in Authority and Athletes to use their best judgment when interacting with Social Media. These Guidelines are not hard and fast rules or behavioural laws; but rather recommendations that will inform individuals’ best judgment.

Social Media Guidelines for Persons in Authority

  1. Persons in Authority should consider the following guidelines to inform their own strategy for Social Media use:
  2. With Minor Athletes, ensure that parents/guardians are aware if some interactions may take place on Social Media and the context for those interactions, and give parents/guardians the option to prohibit or restrict communication in this space
  3. Attempt to make communication with Athletes in Social Media as one-sided as possible. Be available for Athletes if they initiate contact – Athletes may wish to have this easy and quick access to you – but avoid imposing yourself into an Athlete’s personal Social Media space
  4. Ensure all Social Media communication is professional, unambiguous, and on-topic. Avoid emojis and unspecific language that can be interpreted in multiple ways
  5. Choosing not to engage with Social Media is an acceptable strategy. Be prepared to inform Athletes (and/or parents/guardians) why you will not engage in this space and explain which media you will use to communicate with them
  6. Athletes will search for your Social Media accounts. Be prepared for how you will respond when an Athlete attempts to interact with you on Social Media
  7. Annually review and update the privacy settings on all your Social Media accounts
  8. Consider monitoring or being generally aware of Athletes’ public Social Media behaviour to ensure compliance with Code of Conduct and Ethics and this Policy
  9. Never demand access to an Athlete’s private posts on Twitter, Instagram, or Facebook
  10. Do not send friend requests to Athletes. Never pressure Athletes to send you a friend request or follow your Social Media accounts
  11. If you accept a friend request from one Athlete, you should accept these requests from all Athletes. Be careful not to show favouritism on Social Media
  12. Consider managing your Social Media so that Athletes do not have the option to follow you on Twitter or send you a friend request on Facebook
  13. Do not identify Minor Athletes on publicly available Social Media
  14. Seek permission from adult Athletes before identifying them on publicly available Social Media
  15. Avoid adding Athletes to Snapchat and do not send snapchats to Athletes
  16. Do not post pictures or videos of Minor Athletes on your private Social Media accounts
  17. Be aware that you may acquire information about an Athlete that imposes an obligation of disclosure on your part (such as seeing pictures of underage Athletes drinking during a trip)
  18. If selection decisions and other official team business are announced on Social Media, ensure they are also posted on a less-social medium like a website or distributed via email
  19. Never require Athletes to join Facebook, join a Facebook group, subscribe to a Twitter feed, or join a Facebook page about your team or organization
  20. If you create a page on Facebook or Instagram for your team or Athlete, do not make this Social Media site the exclusive location for important information. Duplicate important information in less-social channels (like on a website or via email)
  21. Exercise appropriate discretion when using Social Media for your own personal communications (with friends, colleagues, and other Persons in Authority) with the knowledge that your behaviour may be used as a model by Athletes
  22. Avoid association with Facebook groups, Instagram accounts, or Twitter feeds with explicit sexual conduct or viewpoints that might offend or compromise your relationship with an Athlete
  23. Never misrepresent yourself by using a fake name or fake profile

Social Media Guidelines for Athletes

  1. The following tips should be used by Athletes to inform their own strategy for Social Media use:
  2. Set your privacy settings to restrict who can search for you and what private information other people can see.
  3. Coaches, teammates, officials, or opposing competitors may all add you to Facebook or follow you on Instagram or Twitter. You are not required to follow anyone or be Facebook friends with anyone.
  4. Avoid adding Persons in Authority to Snapchat and do not send snapchats to Persons in Authority.
  5. If you feel harassed by someone in a social medium, report it to your coach or another Person in Authority with your organization.
  6. You do not have to join a fan page on Facebook or follow a Twitter feed or Instagram account.
  7. Content posted on a social medium, relative to your privacy settings, is considered public. In most cases, you do not have a reasonable expectation of privacy for any material that you post.
  8. Content posted to a social medium is almost always permanent – consider that other individuals may take screencaps of your content (even snapchats) before you can delete them.
  9. Avoid posting pictures of, or alluding to, participation in illegal activity such as: speeding, physical assault, harassment, drinking alcohol (if underage), and smoking marijuana (if underage).
  10. Model appropriate behaviour in Social Media befitting your status as a) an Athlete, and b) a member of your organization and its governing organizations. As a representative of your organization, you have agreed to the Code of Conduct and Ethics and must follow that Code when you post material and interact with other people through Social Media.
  11. Be aware that your public Facebook page, Instagram account, or Twitter feed may be monitored by your organization, coach, or by another organization and content or behaviour demonstrated in Social Media may be subject to sanction under the Discipline and Complaints Policy.

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.

[1] A Division Member of Nordiq Canada, as defined in the Nordiq Canada By-laws.

Whistle Blower Policy

Definitions

  1. Terms in this Policy are defined as follows:
  2. Participants – Refers to all categories of individual Members as defined in the By-laws of Nakkertok Nordic Association who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers
  3. Report (or Reported) – as defined in the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”) and as amended from time to time by the Sport Dispute Resolution Centre of Canada
  4. Worker – Any person who performs work for Nakkertok Nordic Association, including employees, managers, supervisors, temporary workers, volunteers, student volunteers, part-time workers, the Board of Directors, and independent contractors

Purpose

  1. Nakkertok Nordic Association is committed to fostering an environment conducive to open communication regarding the business practices of Nakkertok Nordic Association and to protecting Workers from unlawful retaliation and discrimination for their having properly disclosed or Reported illegal or unethical conduct.
  2. To further this commitment, this Policy:
  3. Establishes guidance for the receipt, retention and treatment of verbal or written Reports received by Nakkertok Nordic Association from a Worker regarding actions that (i) are illegal, unethical or contrary to the organization’s policies in respect of accounting, internal controls, disclosure, or business practices or (ii) constitute Discrimination, Harassment/Workplace Harassment, Workplace Violence or Abuse[1] against a Worker by a Director or another Worker;
  4. Provides Workers who make a Report with a means to make Reports in a confidential and anonymous manner; and
  5. Demonstrates the organization’s intention to discipline any person who commits an act of retaliation or reprisal against a Worker up to and including termination of employment for just cause, in the case of employees.

Application

  1. This Policy only applies to Workers who observe or experience incidents of wrongdoing committed by Directors other Workers.
  2. Incidents of wrongdoing or misconduct observed or experienced by other Participants or other individuals not employed or contracted by Nakkertok Nordic Association can be Reported under the terms of the Discipline and Complaints Policy and/or reported to the organization’s Board of Directors or the [note: Club to specify contact – e.g. Chief Executive Officer] to be handled under the terms of the individual Worker’s Employment Agreement or Contractor Agreement, as applicable, and/or the organization’s policies for human resources.
  3. Matters reported under the terms of this Policy may be referred to be heard under the Discipline and Complaints Policy, at the discretion of the Compliance Officer.
  4. In accordance with the Discipline and Complaints Policy, breaches of the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) by a UCCMS Participant may also be reported to the Office of the Sport Integrity Commission (OSIC).

Wrongdoing

  1. Wrongdoing can be defined as:
  2. Violating the law;
  3. Intentionally or seriously breaching of the Code of Conduct and Ethics;
  4. Intentionally breaching the UCCMS
  5. Committing or ignoring risks to the life, health, or safety of a Participant or other individual;
  6. Directing an individual or Worker to commit a crime, serious breach of a policy, or other wrongful act; or

Pledge

  1. Nakkertok Nordic Association pledges not to dismiss, penalize, discipline, or retaliate or discriminate against any Worker who discloses information or submits, in good faith, a report against another Worker under the terms of this Policy.
  2. Any individual affiliated with Nakkertok Nordic Association who breaks this Pledge will be subject to disciplinary action.

Reporting Wrongdoing

  1. A Worker who believes that another Worker has committed an incident of wrongdoing should prepare a Report that includes the following:
  2. Written description of the act or actions that comprise the alleged wrongdoing, including the date and time of the action(s);
  3. Identities and roles of other individuals or Workers (if any) who may be aware of, affected by, or complicit in, the wrongdoing;
  4. Why the act or action should be considered to be wrongdoing; and
  5. How the wrongdoing affects the Worker submitting the report (if applicable).

Authority

  1. The following Compliance Officer has been appointed to receive reports made under this Policy:

Nakkertok Safesport Committee

  1. After receiving the report, the Compliance Officer has the responsibility to:
  2. Assure the Worker of the Pledge
  3. Connect the Worker to the Alternate Liaison if the individual feels that they cannot act in an unbiased or discrete manner due to the individual’s role with the organization and/or the content of the report
  4. Determine if the report is frivolous, vexatious, or not submitted in good faith (e.g., the submission of the report is motivated by personal interests and/or the content of the report is obviously false or malicious) and, if so, inform the Worker that no action will be taken on the report and the reasons why the report has been considered frivolous, vexatious, or not in good faith
  5. Determine if the Whistleblower Policy applies or if the matter should be handled under the Discipline and Complaints Policy
  6. Determine if the local police service should be contacted
  7. Determine if mediation or alternative dispute resolution can be used to resolve the issue
  8. Determine if the Chair and/or [note: Club to specify contact – e.g. Chief Executive Officer] should or can be notified of the report
  9. Begin an investigation

Alternate Liaison

  1. If the Worker feels that the Compliance Officer is unable to act in an unbiased or discrete manner due to the individual’s role with the organization and/or the content of the report, the Worker should contact the following individual who will act as an independent liaison between the Worker and the Compliance Officer:
Nicholas Vipond
Vice President
  1. The Alternate Liaison will not disclose the Worker’s identity to the Compliance Officer or to anyone affiliated with the organization without the Worker’s consent.
  2. A Worker who is unsure if they should submit a report, or who does not want to have their identity known, may contact the Alternate Liaison for informal advice about the process.

Investigation

  1. If the Compliance Officer determines that an investigation should be launched, the Compliance Officer may decide to contract an external investigator. In such cases, the Chair and/or [note: Club to specify contact – e.g. Chief Executive Officer] may be notified that an investigation conducted by an external investigator is necessary without the nature of the investigation, content of the report, or identity of the Worker who submitted the Report being disclosed. The Chair and/or [note: Club to specify contact – e.g. Chief Executive Officer] may not unreasonably refuse the decision to contract an external investigator.
  2. An investigation launched by the Compliance Officer or by an external investigator should generally take the following form:
  3. Follow-up interview with the Worker who submitted the report
  4. Identification of Workers, Participants, volunteers or other individuals that may have been affected by the wrongdoing
  5. Interviews with such-affected individuals
  6. Interview with the Director(s) or Worker(s) against whom the Report was submitted
  7. Interview with the supervisor(s) of the Worker(s) against whom the report was submitted, if applicable
  8. The investigator will prepare an Investigator’s Report – omitting names whenever possible and striving to ensure confidentiality – that will be submitted to the Chair and/or [note: Club to specify contact – e.g. Chief Executive Officer] for review and action.

Decision

  1. Within fourteen (14) days after receiving the Investigator’s Report, the Chair and/or [note: Club to specify contact – e.g. Chief Executive Officer] will take corrective action, as required. Corrective action may include, but is not limited to including:
  2. Enacting and/or enforcing policies and procedures aimed at eliminating the wrongdoing or further opportunities for wrongdoing;
  3. Revision of job descriptions; or
  4. Discipline, suspension, termination, or other action as permitted by the By-laws, provincial employment legislation, applicable policies for human resources, and/or the Worker’s Employment Agreement or Contractor Agreement.
  5. The corrective action, if any, will be communicated to the investigator who will then inform the Worker who submitted the report.
  6. Decisions made under the terms of this Policy may be appealed under the terms of the Appeal Policy provided that:
  7. If the Worker who submitted the initial report is appealing the decision, the Worker understands that their identity must be revealed if they submit an appeal, and
  8. If the Worker against whom the initial report was submitted is appealing the decision, the Worker understands that the identity of the Worker who submitted the report will not be revealed and that the organization will act as the Respondent

Confidentiality

  1. Confidentiality at all stages of the procedures outlined in this Policy – from the initial report to the final decision – is assured for all individuals (the Worker, the Worker(s) against whom the report is submitted, and the individuals interviewed during the investigation). An individual who intentionally breaches the confidentiality clause of this Policy will be subject to disciplinary action.
  2. In all stages of the investigation, the investigator will take every precaution to protect the identity of the Worker who submitted the report and/or the specific nature of the report itself. However, Nakkertok Nordic Association recognizes that there are some instances where the nature of the report and/or the identity of the Worker who submitted the report will or may be inadvertently deduced by individuals participating in the investigation.
  3. Investigation reports and details of corrective action(s) taken (if any) will be maintained by Nakkertok Nordic Association indefinitely.

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.
  2. Nakkertok Nordic Association or any of its delegates pursuant to this Policy (i.e., the Compliance Officer, Alternate Liaison, investigator) shall comply with Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information in the performance of their services under this Policy.

[1] Discrimination, Harassment, Workplace Harassment, Workplace Violence and Abuse shall have the meanings set out in the Nakkertok Nordic Association Code of Conduct and Ethics unless a different meaning is prescribed by applicable law in the relevant jurisdiction, in which case the meaning in the applicable law will prevail.

Definitions 

  1. Terms in this Policy are defined as follows:
  2. Abuse – Includes Psychological Maltreatment, Physical Maltreatment, Neglect, and/or Grooming of Vulnerable Participants (each as defined in the UCCMS and as amended from time to time by the SDRCC) and which can have the following warning signs:
    1. Recurrent unexplained injuries
    2. Alert behaviour; individual seems to always be expecting something bad to happen
  • Often wears clothing that covers up their skin, even in warm weather
  1. Individual startles easily, shies away from touch or shows other skittish behaviour
  2. Constantly seems fearful or anxious about doing something wrong
  3. Withdrawn from peers and adults
  • Behaviour fluctuates between extremes (e.g., extremely cooperative or extremely demanding)
  • Acting inappropriately younger than their age (like an infant; throwing tantrums)
  1. Acting out in an inappropriate sexual way with toys or objects
  2. Self-harm (e.g., cutting, burning or other harmful activities)
  3. Not wanting to be alone with a particular individual
  4. Athlete – An individual who is subject to the policies of Nakkertok Nordic Association, and who may also be subject to the policies of Cross Country Ski Ontario, Nordiq Canada and the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”)
  5. Case Manager – An individual appointed by the Independent Third Party to administer complaints that are assessed under Process #2 of this Policy. This individual must not be in a conflict of interest. The Independent Third Party may serve as the Case Manager
  6. Complainant – A Participant or observer who makes a report of an incident, or a suspected incident, of Prohibited Behaviour, Maltreatment, or other behaviour that is a violation of the standards described in the Code of Conduct and Ethics
  7. External Discipline Panel – A Panel of one or three people who are appointed by the Independent Third Party to handle complaints that are assessed under Process #2 of this Policy. Panel members should not be affiliated with Nakkertok Nordic Association
  8. Event – An event sanctioned by Nakkertok Nordic Association, and which may include a social Event
  9. Harassment – A course of vexatious comment or conduct against a Participant or group, which is known or ought reasonably to be known to be unwelcome. Types of behaviour that constitute Harassment include, but are not limited to:
    1. Written or verbal abuse, threats, or outbursts;
    2. Persistent unwelcome remarks, jokes, comments, innuendo, or taunts;
  • Racial harassment, which is racial slurs, jokes, name calling, or insulting behaviour or terminology that reinforces stereotypes or discounts abilities because of racial or ethnic origin;
  1. Leering or other suggestive or obscene gestures;
  2. Condescending or patronizing behaviour which is intended to undermine self-esteem, diminish performance or adversely affect working conditions;
  3. Practical jokes which endanger a person’s safety, or may negatively affect performance;
  • Hazing – which is any form of conduct which exhibits any potentially humiliating, degrading, abusive, or dangerous activity expected of a junior-ranking individual by a more senior individual, which does not contribute to either individual’s positive development, but is required to be accepted as part of a team or group, regardless of the junior-ranking individual’s willingness to This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate or group member based on class, number of years on the team or with the group, or ability;
  • Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing;
  1. Deliberately excluding or socially isolating a person from a group or team;
  2. Persistent sexual flirtations, advances, requests, or invitations;
  3. Physical or sexual assault;
  • Contributing to a poisoned sport environment, which can include:
    1. Locations where material that is discriminatory is displayed (e.g., sexually explicit posters and racial/racist cartoons)
    2. Groups where harassing behaviour is part of the normal course of activities
    3. Behaviour that causes embarrassment, awkwardness, endangers a person’s safety or negatively affects
  • Behaviours such as those described above that are not directed towards a specific person or group but have the same effect of creating a negative or hostile environment; and
  • Retaliation or threats of retaliation against a person who reports harassment to Nordiq Canada, Cross Country Ski Ontario or Nakkertok Nordic Association
  1. Independent Third Party An independent individual (or individuals) appointed by Nordiq Canada to receive and assess complaints, including complaints under this Policy. . The Independent Third Party designated by Nordiq Canada is specified on the SafeSport page of the Nordiq Canada website
  2. Internal Discipline Chair – An individual appointed by the Independent Third Party to handle complaints that are assessed under Process #1 of this Policy. The Internal Discipline Chair may be a Director, head coach, staff member, or other individual affiliated with Nakkertok Nordic Association but must not be in a conflict of interest
  3. Maltreatment – As defined in the UCCMS and as amended from time to time by the SDRCC
  4. Minor – As defined in the UCCMS and as amended from time to time by the SDRCC
  5. OSIC – The Office of the Sport Integrity Commissioner, an independent division of the SDRCC, which comprises the functions of the Sport Integrity Commissioner; also referred to as Abuse-Free Sport
  6. Parties – The affected persons or groups involved with a dispute
  7. Participants – Refers to all categories of individual Members as defined in the By- laws of Nakkertok Nordic Association who are subject to the policies of Nakkertok Nordic Association, as well as all people employed by, contracted by, or engaged in activities with Nakkertok Nordic Association including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers
  8. Person in Authority – Any Participant who holds a position of authority within Nakkertok Nordic Association including, but not limited to, coaches, instructors, officials, managers, support personnel, chaperones, committee members, directors or officers
  9. Power Imbalance – As defined in the UCCMS and as amended from time to time by the SDRCC
  10. Respondent – The Party responding to the complaint
  11. SDRCC The Sport Dispute Resolution Centre of Canada
  12. UCCMS – The Universal Code of Conduct to Prevent and Address Maltreatment in Sport, as amended from time to time by the SDRCC
  13. UCCMS Participant – A Participant affiliated with Nordiq Canada, as designated by Nordiq Canada, and who has signed the required consent form. For Nordiq Canada, UCCMS Participants Include:
    1. Board members
    2. Employees
  • Contract staff
  1. Service providers who enter the national team environment
  2. High Performance Committee members
  3. Voting jury members
  • Master learning facilitators
  • National team athletes
  1. Athletes
  2. Staff and mentees who participate in national camps and/or competition trips
  3. Vulnerable Participant – As defined in the UCCMS and as amended from time to time by the SDRCC

Purpose

  1. Participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the policies, By-laws, rules and regulations of Nakkertok Nordic Association, Cross Country Ski Ontario, Nordiq Canada and any other Members,1 as applicable and as amended from time to time. Non-compliance may result in the imposition of sanctions pursuant to this

Application of this Policy

 

  1. This Policy applies to all Participants and to any alleged breaches of Nakkertok Nordic Association’s By-laws, policies, rules or
  1. This Policy applies to matters that may arise during the business, activities, and Events of Nakkertok Nordic Association, including, but not limited to, competitions, practices and training, treatment or consultations (e.g., massage therapy), camps and clinics, travel associated with the activities ofNakkertok Nordic Association, and any
  2. This Policy also applies to Participants’ conduct outside of the business, activities, and Events of Nakkertok Nordic Association when such conduct adversely affects the relationships (or the work and sport environment) of Nakkertok Nordic Association, is detrimental to the image and reputation of Nakkertok Nordic Association, or upon the acceptance of Nakkertok Nordic Association. Accordingly, applicability of this Policy will be determined byNakkertok Nordic Association, upon its sole discretion.

1 A Division Member, as defined in the Nordiq Canada By-laws..

  1. This Policy applies to alleged breaches of the Code of Conduct and Ethics by Participants who have retired from the sport where any claim regarding a potential breach of the Code of Conduct and Ethics occurred when the Participant was active in the In addition, this Policy will apply to breaches of the Code of Conduct and Ethics that occurred when the Participants involved interacted due to their mutual involvement in the sport or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Participant(s).
  2. If it is considered appropriate or necessary based on the circumstances, immediate discipline or the imposition of a sanction may be applied, after which further discipline or sanctions may be applied according to this Policy. Any infractions or complaints occurring within competition will be dealt with by the procedures specific to the competition, if In such situations, disciplinary sanctions may be for the duration of the competition, training, activity, or Event only.
  3. In addition to being subject to disciplinary action pursuant to this Discipline and Complaints Policy, an employee of Nakkertok Nordic Association who is a Respondent to a complaint may also be subject to consequences in accordance with the employee’s employment agreement or the relevant policies for human resources, if
  4. Nakkertok Nordic Association will adhere to all disclosure and reporting responsibilities required by any government entity, local police force, or child protection

Minors 

  1. Complaints may be brought for or against a Participant who is a Minor. Minors must have a parent/guardian or other adult serve as their representative during this process. Any Participant who reports or brings a complaint on behalf of a Minor that involves known or suspected abuse or Maltreatment of a Minor that is not Reported to the OSIC pursuant tobsections 13-14 below must also report this to local child welfare services, the applicable provincial or territorial social service ministries or departments, or local police.
  2. Communication from the Independent Third Party, Case Manager, Internal Discipline Chair or External Discipline Panel (as applicable) must be directed to the Minor’s representative.
  3. A Minor is not required to attend an oral hearing, if held, or participate in an investigation, if In such circumstances, no adverse inference can be drawn against the Minor.

Reporting a Complaint

UCCMS Participants

  1. Incidents that involved alleged Prohibited Behaviour or Maltreatment that occurred or continued as of January 31, 2023 involving a UCCMS Participant must be reported to the OSIC and will be addressed pursuant to the OSIC’s policies and procedures.
  2. Incidents that involve alleged Prohibited Behaviour or Maltreatment that occurred before January 31, 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, at their sole 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 Nordiq Canada as UCCMS Participants.
  3. 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 Participant(s) that made the complaint of such

Participants 

  1. Any complaints involving alleged breaches of Nakkertok Nordic Association’s policies that do not fall within Sections 13 or 14 above must be reported by a Participant to Nordiq Canada’s designated Independent Third Party in writing within 30 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. The OSIC is not required to comply with the deadline specified in this section.
  2. Notwithstanding any other provision in this Policy, Nakkertok Nordic Association may, at its discretion, or upon request of the Independent Third Party, act as the Complainant and initiate the complaint process under the terms of this Policy. In such cases, Nakkertok Nordic Association will identify an individual to represent the
  3. 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 If the Independent Third Party considers that the Complainant’s identity must remain confidential, the Independent Third Party may ask that Nakkertok Nordic Association take carriage of the complaint and act as the Complainant.3
  4. Complaints or incident reports should be made in writing for the discipline and complaints procedure to be initiated. The Complainant may contact the Independent Third Party for direction regarding the formal submission of a

Independent Third Party Responsibilities

  1. Upon receipt of a complaint from a Complainant or Complainants or from the OSIC, the Independent Third Party has a responsibility to:

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 30 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.

  1. Determine the appropriate jurisdiction to manage the complaint and consider the following:
    1. Whether the complaint involves UCCMS Participants and should therefore be handled by the OSIC, in accordance with 13-15 above
    2. Whether the complaint should be handled by Nakkertok Nordic Association, Cross Country Ski Ontario or other Member, or by Nordiq Canada. In making this decision, the Independent Third Party will consider whether the incident has occurred within the business, activities or Events of Nakkertok Nordic Association, Cross Country Ski Association or other Member, or Nordiq Canada. If the incident has occurred within the business, activities or Events of more than one of these organizations, the Independent Third Party will determine which organization’s relationships are adversely affected or which organization’s affairs are most impacted; if the Club, Cross Country Ski Ontario or other Member is otherwise unable to manage the complaint for valid and justifiable reasons, such as a conflict of interest or due to a lack of capacity. If Nordiq Canada handles a complaint in this instance, Nordiq Canada and Nakkertok Nordic Association, Cross Country Ski Ontario or other Member (as applicable) will determine how the costs of handling the complaint will be shared; in most cases costs will be attributed based on where the incident occurred).
  • If the Independent Third Party determines that the complaint or incident should be handled by Nakkertok Nordic Association, the Independent Third Party will fulfil the responsibilities listed below
  1. Where the Independent Third Party refers a matter to be managed by Nakkertok Nordic Association, or where Nakkertok Nordic Association is otherwise responsible for managing a matter (i.e., because they received the matter directly), and Nakkertok Nordic Association fails to conduct disciplinary proceedings within a reasonable timeline, Nordiq Canada may, at its discretion, take jurisdiction over the matter and conduct the necessary In such circumstances, if the Internal Discipline Chair or External Discipline Panel decides that Nordiq Canada acted reasonably in taking jurisdiction over the matter, Nordiq Canada’s costs to conduct the proceedings, including legal fees, shall be reimbursed by Nakkertok Nordic Association to Nordiq Canada.
  1. Determine whether the complaint is frivolous and/or outside of the jurisdiction of this Policy and, if so, the complaint will be dismissed immediately and the Independent Third Party’s decision to dismiss the complaint may not be appealed;
  2. Propose the use of alternative dispute resolution techniques;
  3. Determine if the alleged incident should be investigated pursuant to Appendix A –

Investigation Procedure; and/or

  1. Choose which process (Process #1 or Process #2, as outlined below) should be followed to hear and adjudicate the

There are two different processes that may be used to hear and adjudicate complaints. The Independent Third Party will decide which process should be followed based on the nature of the complaint.

If the Independent Third Party receives a complaint that occurred within the business, activities or Events of Nakkertok Nordic Association and determines that it falls under Process #2, the Independent Third Party will refer the matter to be handled by Nakkertok Nordic Association’s Division Member under the process detailed at in the Division Member’s Discipline and Complaints Policy for matters that fall under Process #2.4

Process #1 – the Complainant alleges the following incidents:

  1. Disrespectful conduct or comments
  2. Minor incidents of physical violence, unless the violence is between a Person in Authority and a Vulnerable Participant, in which case the matter will fall under Process #2
  3. Conduct contrary to the values of Nakkertok Nordic Association

4 Where Nakkertok Nordic Association’s Division Member has not adopted a Discipline and Complaints Policy that includes Process #2 and the relevant and applicable procedure for addressing complaints that the Independent Third Party determines fall under Process #2, the Independent Third Party shall refer the case to Nordiq Canada, which will handle the matter under Process #2 in its Discipline and Complaints Policy.

  1. Non-compliance with the organization’s policies, procedures, rules, or regulations
  2. Minor violations of the Code of Conduct and Ethics 

Process #2 – the Complainant alleges the following incidents:

  1. Repeated incidents pursuant to Process #1
  2. Hazing
  3. Abusive, racist, or sexist comments or behaviour
  4. Behaviour that constitutes Prohibited Behaviour, Maltreatment, Abuse,

Harassment, Workplace Harassment or Workplace Violence

  1. Major incidents of violence (e.g., fighting, attacking)
  2. Pranks, jokes, or other activities that endanger the safety of others
  3. Conduct that intentionally interferes with a competition or with any athlete’s preparation for a competition
  4. Conduct that intentionally damages the organization’s image, credibility, or reputation
  5. Consistent disregard for the by-laws, policies, rules, and regulations
  6. Major or repeated violations of the Code of Conduct and Ethics
  7. Intentionally damaging the organization’s property or improperly handling the organization’s monies
  8. Abusive use of alcohol or cannabis, any use or possession of alcohol or cannabis by Minors, or use or possession of illicit drugs and narcotics
  9. A conviction for any Criminal Code offense
  10. Any possession or use of prohibited substances or prohibited methods

PROCESS #1: Handled by Internal Discipline Chair

Internal Discipline Chair

  1. Following the determination that the complaint or incident should be handled under Process #1, the Independent Third Party will appoint an Internal Discipline Chair who may:
    1. Recommend mediation;
  2. Make a decision;
  3. Ask the Complainant and the Respondent for either written or oral submissions regarding the complaint or incident; or
  4. Convene the Parties to a meeting, either in person or by way of video or teleconference in order to ask the Parties
  5. Thereafter, the Internal Discipline Chair shall determine if a breach occurred and if sanctions should be applied (see: Sanctions).
  6. The Internal Discipline Chair will inform the Parties of the decision, which will take effect immediately, subject to any request for reconsideration. Failure to comply with a sanction will result in an automatic suspension until such time as compliance
  1. Records of all sanctions will be maintained by Nakkertok Nordic

Request for Reconsideration

  1. Either Party may contest the Internal Discipline Chair’s decision by informing the Internal Discipline Chair, within five (5) days of receiving the decision, that they are not satisfied with the decision and that they are making a request for a reconsideration of the original
  2. In the request for reconsideration, the Party making the request must indicate:
  1. Why the sanction is inappropriate (or, if no sanction was imposed, why a sanction would be appropriate);
  2. Summary of supporting evidence; and
  3. What alternative penalty or sanction (if any) would be
  1. Upon receiving a request for reconsideration, the Internal Discipline Chair may allow the other Party to respond in writing to the .
  2. Should the Internal Discipline Chair accept the request for reconsideration, in whole or in part, and impose a sanction (where no sanction was originally imposed) or a different sanction, the sanction will take effect Failure to comply with a sanction will result in an automatic suspension until such time as compliance occurs.
  3. The Internal Discipline Chair’s decision following a request for reconsideration shall be final and not subject to

Sanctions

  1. Prior to determining sanctions, the Internal Discipline Chair will consider factors relevant to determining appropriate sanctions which include:
    1. The nature and duration of the Respondent’s relationship with the Complainant, including whether there is a Power Imbalance;
    2. The Respondent’s prior history and any pattern of misconduct, Prohibited Behaviour or Maltreatment;
    3. The ages of the individuals involved;
    4. Whether the Respondent poses an ongoing and/or potential threat to the safety of others;
    5. The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the misconduct, and/or cooperation in the process of Nakkertok Nordic Association;
    6. Real or perceived impact of the incident on the Complainant, sport organization or the sporting community;
    7. Circumstances specific to the Respondent being sanctioned (e.g. lack of appropriate knowledge or training regarding the requirements in the Code of Conduct and Ethics; addiction; disability; illness);
    8. Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate;
    9. A Respondent who is in a position of trust, intimate contact or high-impact decision- making may face more serious sanctions; and/or
  1. Other mitigating and aggravating
  1. Any sanction imposed must be proportionate and reasonable. However, progressive discipline is not required and a single incident of misconduct may justify elevated or combined
  2. The Internal Discipline Chair may apply the following disciplinary sanctions, singularly or in combination:
    1. Verbal or Written Warning – A verbal reprimand or an official, written notice and formal admonition that a Participant has violated the Code of Conduct and Ethics and that more severe sanctions will result should the Participant be involved in other violations
    2. Education – The requirement that a Participant undertake specified educational or similar remedial measures to address the violation(s) of the Code of Conduct and Ethics
    3. Probation – Should any further violations of the Code of Conduct and Ethics occur during the probationary period, it will result in additional disciplinary measures, likely including a period of suspension or permanent This sanction can also include loss of privileges or other conditions, restrictions, or requirements for a specified period of time
    4. Suspension – Suspension, either for a set time or until further notice, from participation, in any capacity, in any program, practice, activity, Event, or competition sponsored by, organized by, or under the auspices of Nakkertok Nordic A suspended Participant is eligible to return to participation, but reinstatement may be subject to certain restrictions or contingent upon the Participant satisfying specific conditions noted at the time of suspension
    5. Eligibility Restrictions – Restrictions or prohibitions from some types of participation but allowing participation in other capacities under strict conditions
    6. Permanent Ineligibility – Permanent ineligibility to participate, in any sport, in any capacity, in any program, activity, Event, or competition sponsored by, organized by, or under the auspices of Nakkertok Nordic Association
  3. 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
  1. Records of all decisions will be maintained by Nakkertok Nordic Nakkertok Nordic Association will submit a copy of such records to Cross Country Ski Ontario and to Nordiq Canada.

OSIC Sanctions

  1. Nakkertok Nordic Association acknowledges the obligation of Nordiq Canada, as a Program Signatory to the OSIC, to ensure that any sanctions or measures imposed by the OSIC’s Director of Sanctions and Outcomes will be implemented and respected within Nordiq Canada’s jurisdiction (including at the provincial, territorial and club level), once Nordiq Canada receives appropriate notice of any sanction or measure from the OSIC and communicates the same to Nakkertok Nordic Association.

Appeals

  1. In situations where a complaint is referred to Nakkertok Nordic Association’s Division Member because it falls under Process #2, the decision of the Division Member’s External Discipline Panel may be appealed in accordance with the Division Member’s Dispute Resolution and Appeal Policy.5 Any other decision rendered under this Discipline and Complaints Policy is final and not subject to

5 In situations where the Independent Third Party refers a case that falls under Process #2 to Nordiq Canada to be managed under Nordiq Canada’s Discipline and Complaints Policy because Nakkertok Nordic Association’s Division Member does not have a Discipline and Complaints Policy to address matters that fall under Process #2, appeals shall be handled under Nordiq Canada’s Dispute Resolution and Appeal Policy.

Suspension Pending a Hearing

  1. Nakkertok Nordic Association may determine that an alleged incident is of such seriousness as to warrant suspension of a Participant pending completion of an investigation, criminal process, the hearing, or a decision of the External Discipline

Confidentiality

  1. The discipline and complaints process is confidential and involves only, as applicable, Nakkertok Nordic Association (President and relevant staff as determined by the President, the Parties, the Independent Third Party, the Case Manager, the Internal Discipline Chair, the Division Member’s External Discipline Panel and any independent advisors to the Division Member’s External Discipline Panel, as well as Cross Country Ski Ontario and Nordiq 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.
  2. Any failure to respect the aforementioned confidentiality requirement may result in further sanctions or discipline by the Internal Discipline

Timelines 

  1. 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

Records and Distribution of Decisions

  1. Other individuals or organizations, including but not limited to, national sport organizations, Provincial/Territorial sport organizations, sport clubs, etc., may be advised of any decisions rendered in accordance with this
  2. Nakkertok Nordic Association recognizes that a publicly-available searchable database or registry of Respondents who have been sanctioned, or whose eligibility to participate in sport has in some way been restricted, may be maintained and may be subject to provisions in the

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.
  2. Nakkertok Nordic Association or any of its delegates pursuant to this Policy (i.e., the Independent Third Party, Internal Discipline Chair, Case Manager, External Discipline Panel) shall comply with Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information in the performance of their services under this Policy.

Appendix A – Investigation Procedure 

Determination

  1. When a complaint is submitted pursuant to the Discipline and Complaints Policy, the Independent Third Party will determine if the incident should be

Investigation

  1. The Case Manager will appoint an Investigator. The Investigator must be an independent third-party skilled in The Investigator must not be in a conflict of interest situation and should have no connection to either party.
  2. Federal and/or Provincial/Territorial legislation related to Workplace Harassment may apply to the investigation if Harassment was directed toward a worker in a 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.
  3. 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:
    1. Interviews with the Complainant
    2. Witness interviews
    3. Statement of facts (Complainant’s perspective) prepared by Investigator, acknowledged by the Complainant and provided to the Respondent
    4. Interviews with the Respondent
    5. Statement of facts (Respondent’s perspective) prepared by Investigator, acknowledged by the Respondent and provided to the Complainant

Investigator’s Report 

  1. Upon completion of their investigation, the Investigator shall prepare a report that should include a summary of evidence from the Parties (including both statements of facts, if applicable) and recommendations from the Investigator of whether, on a balance of probabilities, a breach of the Code of Conduct and Ethics
  2. The Investigator must be aware that sport-specific differences exist with respect to such aspects as acceptable levels of touch, physical contact, and aggression during training or competition and will consider such differences during the investigative process.
  3. The Investigator’s Report will be provided to the Case Manager who will disclose it, at their discretion, to Nakkertok Nordic
  4. Should the Investigator find that there are possible instances of offence under the Criminal Code, particularly related to Criminal Harassment (or Stalking), Uttering Threats, Assault, Sexual Interference, or Sexual Exploitation, the Investigator shall advise the Complainant and Nakkertok Nordic Association to refer the matter to the police.
  5. The Investigator must also inform Nakkertok Nordic Association of any findings of criminal Nakkertok Nordic Association 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 Nakkertok Nordic Association, or other offences where the lack of reporting would bring Nakkertok Nordic Association into disrepute.

Reprisal and Retaliation 

  1. A Participant who submits a complaint to Nordiq Canada, Cross Country Ski Ontario, or Nakkertok Nordic Association or who gives evidence in an investigation may not be subject to reprisal or retaliation. Any such conduct may constitute Prohibited Behaviour and will be subject to disciplinary proceedings pursuant to the Discipline and Complaints Policy.

False Allegations

  1. A Participant who submits allegations that the Investigator determines to be malicious, false, or for the purpose of retribution, retaliation or vengeance (or that otherwise fall within the definition of Prohibited Behaviour) 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. Nakkertok Nordic Association or the Participant against whom the allegations were submitted may act as the complainant.

Confidentiality

  1. The Investigator will make reasonable efforts to preserve the anonymity of the complainant, respondent, and any other However, Nakkertok Nordic Association recognizes that maintaining full anonymity during an investigation may not be feasible.

Privacy

  1. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information.
  2. Nakkertok Nordic Association or any of its delegates pursuant to this Policy (i.e., the Independent Third Party and the investigator) shall comply with Nakkertok Nordic Association’s usual policies and practices regarding private and/or confidential information in the performance of their services under this