XIX   RESPECTFUL HOCKEY
Hockey Brandon Respectful Hockey Policy
1.Adoption of Hockey Canada Principles and Practices
With appropriate modifications to address legislative and related requirements in this province, the Brandon Minor Hockey Association (hereafter referred to as “Hockey Brandon”) has committed to adopting and implementing a policy to address the unacceptable behaviors of discrimination, harassment, bullying and abuse that reflects the principles and practices established by Hockey Canada’s Bullying, Harassment and Abuse Prevention Policy.
2.Hockey Brandon’s Commitment
As promoter and operator of minor hockey within its jurisdiction, Hockey Brandon recognizes:

1. A duty to act in a manner consistent with existing legislation, in particular, the Manitoba Human Rights Code, the Workplace, Safety and Health Regulation and The Child and Family Services Act;
2. The importance of establishing fair play and sportsmanship, including ensuring the maintenance of a climate of respect for all participants in its programs, including all Hockey Brandon’s players, team officials, game officials, and members;
3. The importance of providing hockey opportunities for all people regardless of background
4. That all Hockey Brandon players, members and personnel have a right to participate, learn, work and play in an environment that promotes equal opportunities and prohibits discriminatory, harassing, bullying and abusive practices.

3.Scope and Application of the Policy
This Policy operates independently of, but in conjunction with, Hockey Brandon’s Rink Behavior Policy.
 
This Policy applies to all individuals participating in the activities, program events or business of Hockey Brandon including, but not limited to, players, coaches, team managers, trainers, game officials, persons elected or appointed as officers or officials under the bylaws and/or constitution of Hockey Brandon or its Area Associations, Hockey Brandon employees and volunteers.  This Policy also applies to the parents and/or guardians of Hockey Brandon players insofar as they are expected to make every reasonable effort to uphold a respectful hockey environment for those players and the individuals participating in Hockey Brandon activities, programs, events or business with them.
 
This Policy applies to discrimination, harassment, bullying and abuse that occurs during the course of all Hockey Brandon business, programs, activities and events, including, but not limited to, the administration of the game competition, team practices, training camps, exhibitions, meetings and travel associated with these activities.  Unacceptable conduct arising during the business, activities, programs and/or events of other organizations not affiliated with Hockey Brandon shall be dealt with using the policies and procedures of those organizations.
4.Rights and Responsibilities of all persons participating in the activities, programs or business of Hockey Brandon:

1. All persons participating in the activities, programs, events or business of Hockey Brandon:

1. Are entitled to participate, learn, work and play in a respectful environment free of discrimination, harassment, bullying and abuse;
2. Have the responsibility to treat each other with respect and to refrain from any form of unacceptable conduct, and to speak up if they, or others to whom this Policy applies are being subjected to unacceptable conduct, as defined by this Policy;
3. Have the responsibility to take all reasonable steps to safeguard the welfare and well-being of Hockey Brandon’s participants and members and protect them from any form of unacceptable conduct, as defined by this Policy;
4. Are responsible for reporting to Hockey Brandon any complaint of unacceptable conduct;
5. Have a responsibility to cooperate in the investigation of a complaint made pursuant to this Policy.  Anyone who gives evidence in an investigation or who is otherwise involved in the complaint process must keep this information confidential, except when it is necessary to deal effectively with the complaint or if disclosure is otherwise required by law.

 
5.Hockey Brandon’s Responsibilities

1. Hockey Brandon is responsible for:

1. Ensuring, as much as is reasonable practical, that no individual or group participating in the activities, programs, events or business of Hockey Brandon is subjected to unacceptable conduct, as defined by this Policy;
2. Making every reasonable effort to act promptly and effectively to deal with complaints or conduct, as defined by this Policy;
3. Taking corrective action against anyone under their direction who subjects an individual or group participating in the activities, programs, events or business of Hockey Brandon to unacceptable conduct;
4. Keeping confidential information regarding the identity of persons involved in a complaint or disclosure of unacceptable conduct as well as the circumstances of such complaint or disclosure, unless release of such information is required to investigate a complaint, take corrective actions as a result of a complaint or otherwise by law.  This shall not preclude publication of the final outcome of any matter, where a sanction imposed under this Policy includes publication.

6.Definitions – Unacceptable Conduct
Unacceptable conduct is defined under this Policy to include:

1. Abuse

Abuse means any form of physical, emotional and/or sexual mistreatment or lack of care which causes physical injury or emotional damage to a child.  For the purposes of this definition, “child” is defined as a person under the age of 18 years who is a Hockey Brandon member/participant.  Physical Abuse is when a person in a position of power or trust purposefully injures or threatens to injure a child.  This may take the form of slapping, hitting, shaking, kicking, pulling hair, or ears, throwing, and shoving, grabbing, hazing or excessive exercise as a form of punishment.
 
Emotional Abuse is a chronic attack on a child’s self-esteem.  It is psychologically destructive behavior by a person in a position of power, authority or trust.  It can take the form of name-calling, threats, ridiculing, berating or intimidating comments, isolation, hazing or ignoring a child’s needs.
 
Sexual Abuse occurs when a child is used by an older child, adolescent or adult for his or her own sexual stimulation or gratification with or without the child’s consent.  Sexual Abuse may involve physical contact (such as fondling or forced intercourse) or may involve no physical contact at all (such as being shown pornography or being subjected to sexually intrusive questions or comments).
 
Neglect is chronic inattention to the basic necessities of life such as clothing, shelter, proper supervision, medical and dental care, etc.  Neglect may occur in the hockey setting where there is chronic inattention to the needs of players such as when a player is made to play with injuries, equipment is inadequate or unsafe, or road trips are not properly supervised.

1. Discrimination

Discrimination means, except where bona fide and reasonable cause exists, or where it is based upon bona fide and reasonable requirements or qualifications, the differential treatment, whether intended or not, of an individual or group of individuals based on:

1. An individual’s actual or presumed membership in or association with some class or group of persons, rather than on the basis of personal merit; or
2. Any of the following categories:

i.Ancestry or place of origin,
ii.Race,
iii.Color,
iv.Nationality or national origin,
v.Ethnic background
vi.Religion or religious belief, creed, association or activity,
vii.Age,
viii.Sex,
ix.Gender-determined characteristics,
x.Gender identity,
xi.Sexual orientation,
xii.Marital or family status,
xiii.Source of income,
xiv.Political belief, political association or activity,
xv.Physical size or weight,
xvi.Physical or mental disability or related characteristics or circumstances

1. Examples of discrimination may include, but are not limited to:

1. Behavior stating or implying actual or perceived abilities or inabilities based on any characteristic referred to in 6.2.b
2. Applying stereotypes or generalizations based on any characteristic, referred to in 6.2b;
3. Unreasonable refusal to work with, play with or share facilities with a person or persons based on any characteristic referred to in 6.2.b.
   1. Harassment (human rights-based)

Harassment is a form of discrimination.  It is any objectionable or inappropriate conduct, comment, display, action or gesture by a person and made on the basis of any of the characteristics set out in section 6.2b above.

1. Examples of harassment may include, but are not limited to:

1. Unwelcome jokes, innuendos, or teasing about a person’s body, appearance, race, sexual orientation, etc.
2. Racial or ethnic slurs;
3. Displaying or circulating pictures, cartoons, or other offensive material;
4. Unwanted or unnecessary physical  contact including touching, patting or pinching;
5. Any form of hazing (a humiliating and degrading initiation rite);
6. Unwanted conduct comments, gestures or invitations or a sexual nature which are likely to cause offence or humiliation or which might on reasonable grounds be opportunity for participation, training or advancement;
7. A reprisal or threat of reprisal for rejecting a sexual solicitation or advance;
8. Leering, ogling or other suggestive or obscene gestures;
9. Physical or sexual assault.
   1. Personal Harassment (Bullying)

Personal harassment or what is sometimes referred to as “bullying” is offensive behavior that is not connected to any human rights-based characteristic.  It is any conduct, comment, display, action or gesture that adversely affects a person’s psychological or physical well-being and:

1. As a result of the behavior being repeated, could reasonably cause the person to be intimidated or humiliated: or
2. If only a single incidence, could reasonable have a lasting, harmful effect on the person;
   1.  Examples of bullying may include, but are not limited to:

1. Personal ridicule (put-downs, teasing) or malicious gossip;
2. Repeated or continuous incidents of inappropriate yelling, screaming or name-calling;
3. Malicious or uncalled-for interference with another person’s work or role;
4. Interfering with or vandalizing/damaging a person’s personal property;
5. Physical or verbal abuse/violence, threats or intimidation;
6. Insulting or derogatory comments, jokes or gestures;
7. Repeated, unjustified threats to remove or restrict opportunities or privileges;
8. Shunning or ostracizing a person;
9. Any form of hazing;
   1. What Constitutes Harassment and/or Bullying – additional factors for consideration
      1. Harassment or bullying may involve individuals or groups and either peer or power relationships.  Harassment can be physical or psychological in nature, it can occur between males and females and members of the same sex.
      2. If behavior has the effect of creating a negative, hostile or uncomfortable environment, even if not directed at anyone in particular, the behaviour may still be considered harassment or bullying.
      3. In extreme forms, harassment or bullying may be an offense under Canada’s Criminal Code and may require a report be made to the Police.  Depending on the nature of the behavior, it may also constitute abuse resulting in a triggering of the Duty to Report Abuse provisions set out below.
      4. Reasonable conduct of a person to whom this Policy applies in respect of the management and direction of Hockey Brandon employees or the management, direction and guidance of players and/or members is not harassment or bullying.

7.Response and Remedies

1. Hockey Brandon recognizes that not all incidents or unacceptable conduct are equally serious in their consequences.  Unacceptable conduct, as defined by this Policy, covers a wide spectrum of behaviors and the response to such conduct must be equally broad in range, appropriate to the behavior in question as well as the persons involved and capable of providing a constructive remedy.  There must be no summary justice or hasty punishment.  The process of investigating and/or resolving any complaint or unacceptable conduct must be fair to and respectful of the rights of all parties.
2. Minor incidents of unacceptable conduct (e.g. inappropriate jokes) should be corrected promptly and informally, taking a constructive approach with the aim of bringing about a change in the negative attitudes and behavior.
3. More serious incidents of unacceptable conduct (e.g. a course of repeated taunting, any form of physical or sexual assault) or minor incidents of unacceptable conduct  that are not corrected through informal action as set out in section 7.2 should be dealt with pursuant to the Procedures that apply to this Policy.
4. Persons to whom this Policy applies who are found to have violated the Policy may be subject to one or more of the following forms of discipline:

1. Requirements of verbal or written apology;
2. Letter of reprimand;
3. Referral to counselling or appropriate educational training;
4. Loss of certain privileges of membership or employment;
5. Suspension;
6. Demotion;
7. Fine or levy;
8. Dismissal or expulsion;
9. Publication of the details of the sanction;
10. Any other sanction or disciplinary action which may be deemed appropriate.
    1. In making a determination regarding appropriate discipline, consideration will be given to:

1. The nature of the relationship between the persons involved in the incident(s);
2. The age of the complainant
3. The nature and severity of the behaviour committed;
4. Whether the behavior was an isolated incident or part of an ongoing pattern;
5. Whether the offender had been involved in and/or disciplined for previous incidents of unacceptable conduct;
6. Whether the offender admitted responsibility and expressed a willingness to change;
7. Whether the offender retaliated against the complainant for filing a formal complaint;
8. Whether any other form of penalty has been awarded against the offender for the incident(s) under Hockey Brandon’s Rules and Regulations.  A player who has received a penalty for conduct during a game that may also violate the Policy may still be subject to additional discipline under the Policy.  A determination will need to be made as to whether the prior penalty is sufficient to also address the underlying purpose of this Policy and, in particular, sections 4 and 5;
9. Whether any specific form of penalty for the behavior in question has been established by Hockey Canada;
10. Any other factor which may be deemed relevant in the circumstances;
    1. Any person who makes a complaint which is determined to be clearly false, malicious or frivolous will be subject to discipline pursuant to section 7.4.
    2. Anyone who retaliates or threatens to retaliate in any way against a person who has complained of unacceptable conduct, reported unacceptable conduct, participated in the investigation of a complaint of unacceptable conduct, or determined to have committed unacceptable conduct will be considered to have committed unacceptable conduct and be dealt with accordingly.
    3. Interference with the conduct of an investigation into a complaint of unacceptable conduct by any person to whom this Policy applies may result in appropriate action being taken against that person by Hockey Brandon pursuant to this section.
    4. Intentional or unnecessary breaches of confidentiality by any person to whom this Policy applies may be subject to appropriate action being taken by Hockey Brandon pursuant to this section.

8.Duty to Report Abuse
Where any Hockey Brandon member (including team officials, game officials, Hockey Brandon officers or Directors), any Hockey Brandon employees or volunteers and/or any parent/guardian of a participant has information that leads him or her reasonably to believe that in the course of Hockey Brandon business, activities, programs or events a child is or may be suffering of may have suffered abuse, that person shall immediately report the information to an Agency of Manitoba Child and Family Services and/or the Police.  Hockey Brandon’s Vice President of Brandon League Operations must be advised of the intent to report or that the matter has been reported.
Hockey Brandon will take no further action until such time as the Agency and/or Policy have concluded their investigation(s), unless there is cause for taking action to protect the child from further harm, such as ensuring the alleged perpetrator is prevented from having contact with the child until the completion of the investigation.
If available, the report(s) of the investigation(s) carried out by the Agency and/or Police may be utilized as required by Hockey Brandon in order to appropriately administer the provisions of this policy.
9.Awareness and Education
Hockey  Brandon will make every reasonable effort to promote awareness and understanding of what constitutes unacceptable conduct pursuant to this Policy and provide education on how to prevent such conduct, including:

1. Training related to understanding discrimination, harassment, abuse and bullying and appropriate responses to same for persons charged with responsibilities under this Policy;
2. Providing educational materials and/or programs to members, participants, parents/guardians, volunteers, team officials, game officials and employees.

10.Development of Procedures
Hockey Brandon will develop procedures to give effect to this Policy, including:

1. The appointment of appropriate personnel for receiving, investigating and resolving complaints made pursuant to the Policy;
2. Provisions to enable the informal resolution of complaints;
3. Provisions to address the investigation and disposal of formal complaints and any appeals relating to the disposal of such complaints.

11.Monitoring
Hockey Brandon will periodically monitor this Policy and all matters relating to it and make adjustments when they are determined to be needed.  Any suggestions or concerns about this Policy should be brought to the attention of Hockey Brandon’s Vice President of Brandon League Operations or delegate.
12.Other Options Available
Whether or not a complaint is made under this Policy, any individual participating in the activities, programs, events or business of Hockey Brandon retains all other legal rights available to them, including but not limited to, the ability to make a complaint to the Manitoba Human Rights Commission, or to Manitoba Workplace, Safety and Health or the Police.
13.Suspension Guidelines
Minimum suspension guidelines to violations of the Hockey Brandon Rink Behavior Policy and the Respectful Hockey Policy:
 
 

Infraction /Offence	Policy	1st Offence	2nd Offence	3rd Offence/Subsequent
Use of profane or abusive language	6.1 RHP	2 games	5 games	Indefinite
Abuse (Physical or threats)	6.1 RHP	5 games	Indefinite	Indefinite
Discrimination/Harassment	6.2 RHP/6.3 RHP	3 games	5 games	indefinite

 
Hockey Brandon Respectful Hockey Procedures
1.Application
This Procedure applies to all matters falling under the provisions of Hockey Brandon’s Respectful Hockey Policy.  These procedures have been adopted by Hockey Brandon in order to establish mechanisms that will enable individuals participating in the activities, programs, events or business of Hockey Brandon to participate, learn, work and play in the respectful environment free of discrimination, harassment, bullying and abuse.
2.Definitions
For the purpose of this Procedure:

1. A Complainant is a person who discusses a concern or makes a complaint (an allegation, whether verbal or written) or unacceptable conduct, as that conduct is defined by the Policy;
2. A Respondent is a person against whom a concern is raised about or a complaint has been made;
3. An Official is an individual occupying a position of authority with Hockey Brandon, including but not limited to Hockey Brandon Board of Directors, officers, team officials and game officials.
4. Local Organization is a Hockey Brandon Association club team;
5. The Vice President of Brandon League Operations  of Hockey Brandon or his/her designate;
6. The President is the President of Hockey Brandon or his/her designate;

3.Minor Instances of unacceptable conduct
Nothing in this procedure prevents an Official or Local Organization or other appropriate person having authority from taking immediate informal and corrective disciplinary action in response to behavior that, in their view, constitutes a minor incident of unacceptable conduct, as defined in the policy.
4.Instances where Immediate Response may be required
Complaints of unacceptable conduct arises during game competitions may be dealt with immediately, if deemed necessary, by an Official, provided the individual being disciplined is advised of the nature of the infraction and has an opportunity to provide information concerning the incident.  In such situations, sanctions shall be for the duration of the competition only.  Further sanctions may be applied but only after review of the matter in accordance with Hockey Brandon’s respectful Policy and this Procedure.
In the even that an alleged offense is so serious as to possibly jeopardize the safety of others, an Official may immediately remove the alleged offender for a Hockey Brandon activity, program or event pending an investigation of the complaint in accordance with this Procedure.
5.Reporting Unacceptable Conduct

1. A person who experiences, witnesses, or has reason to believe that unacceptable conduct has occurred is encouraged to make it known to the alleged offender as soon as is practicable that the behavior is unwelcome, offensive and contrary to Hockey Brandon’s Respectful Hockey Policy.
2. If confronting the alleged offender is not possible, or if after confronting the alleged offender the unacceptable conduct continues, the matter should be reported to the Vice President of Brandon League Operations immediately.

6.Informal Resolution

1. Once contacted by a Complainant, the Vice President of Brandon League Operations or delegate will serve in a neutral, unbiased capacity to receive information regarding the incident(s) and, where appropriate, assist in the informal resolution of the matter.  If the Vice President of Brandon League Operations or delegate considers that he or she is unable to act in this capacity, the Complainant will be referred to a suitable member of Hockey Brandon’s Board of Directors.
2. If an informal resolution acceptable to the Complainant and Respondent is reached, then the Vice President of Brandon League Operations or delegate will:

1. Send a written communication to both parties, setting out the understandings and/or agreement.  Receipt of the written communication must be acknowledged by both the Complainant and Respondent;
2. Assist in bringing about whatever administrative or other action is needed to implement the resolution;
3. Ensure that an appropriate record of the Informal resolution is documented in Hockey Brandon’s general files;

2.Formal Complaint

1. If the matter is not resolved informally, or if the unacceptable conduct continues or reoccurs, or if the Complainant choose not to attempt to resolve the matter informally, the Complainant has the option to file a formal complaint.
2. The formal complaint shall:

1. Be in writing in a form acceptable to or which may be prescribed by Hockey Brandon;
2. Set out the particulars of the allegations, including, where possible, the dates, times and nature of the allegations, the person involved, and the names of any witnesses to the behavior;
3. Be signed and dated by the Complainant; and
4. Be submitted to the Vice President of Brandon League Operations or delegate;
   1. A Complainant may request the assistance of the Hockey Brandon Registrar to draft the formal complaint

Noted, however, that to be considered under the Policy all formal complaints must be filed within one month from the date of the most recent allegation violation of the Policy unless, in the discretion of the Vice President of Brandon League Operations or delegate, extenuating circumstances would warrant an extension of time.
3.Applicability of the Complaint

1. upon receipt of the formal complaint the Vice President of Brandon League Operations or delegate, with advice from appropriate persons or professionals as needed, will review the allegation(s) to determine:

1. whether the alleged conduct falls within the definitions of unacceptable conduct established by the Policy;
2. the nature of the complaint, including an initial assessment as to the seriousness of the alleged conduct;
3. who the complaint involves;

3.2if it is determined that the allegation(s) does not fall under the definitions set out in the Policy or that the complaint does not involve any person to whom the Policy applies then the Complainant shall be advised accordingly and no further action will be taken on the formal complaint.  The Vice President of Brandon League Operations or delegate may recommend that other avenues be pursued by the Complainant in order to resolve the matter at issue.
3.3If it is determined that the complaint does not involve any individual participating in the activities, programs, events or business of Hockey Brandon but may involve a member/participant of Hockey Manitoba or if the complaint raises issues within the exclusive jurisdiction of Hockey Manitoba, the Vice President of Brandon League Operations or delegate shall refer the complaint to Hockey Manitoba.
3.4If it is determined that the complaint involves a person or persons to whom the Policy applies and the complaint is initially assessed as minor in nature, and if agreed upon by the parties, resolution may be attempted through mediation for such period of time that the  Vice President of Brandon League Operations or delegate considers reasonable.  Any such resolution by unsuccessful or if at any time one or both of the parties decline to participate further with the resolution process, the Vice President of Brandon League Operations or delegate shall proceed to handle the matter pursuant to section 6.5.
3.5If it is determined that the complaint involves a person or persons to whom the Policy applies and the complaint is initially assessed as serious in nature, or if the Vice President of Brandon League Operations or delegate otherwise decides to proceed to handle a complaint pursuant to this section, the Vice President of Brandon League Operations or delegate shall advise the President.  The President shall then appoint an individual with the necessary training, skills and experience to conduct an investigation of the complaint.  This may be an individual external to Hockey Brandon.
4.Hockey Brandon-Instituted Investigation
4.1The Vice President of Brandon League Operations or delegate or President, in consultation with appropriate professionals and/or the Board of Directors of Hockey Brandon, may request that an investigation be conducted in the absence of a formal complaint and in circumstances where she/he deems it appropriate to do so.  The Procedures applicable to the investigation of a formal complaint and post-investigative response will apply, adapted as necessary to meet the particular circumstances.
4.2Where the Vice President of Brandon League Operations or delegate believes there is sufficient evidence to warrant the Complainant making a formal complaint but the Complainant does not wish to do so, the Vice President of Brandon League Operations, in consultation with the Hockey Brandon’s Board of Directors, may make formal complaint on behalf of Hockey Brandon and proceed in accordance with these Procedures.
5.Investigations
5.1Upon an investigation being launched, the Vice President of Brandon League Operations, Director and/or delegate investigator shall:

1. Notify the Respondent that a complaint has been received and that an investigation is being commenced.  The Respondent shall be provided with a signed copy of the formal complaint and copies of Hockey Brandon’s Respectful Hockey Policy and Procedures;
2. Provide the Respondent with a reasonable opportunity to consult with a representative if to do so is desired;
3. Request the Respondent provide a written response to the complaint and/or meet in person with the Vice President of Brandon League Operations or delegate investigator within a reasonable time which shall be at the discretion of the Vice President of Brandon League Operations or delegate investigator.
4. Should the Respondent acknowledge responsibility and a willingness to be accountable for the complaint during the meeting with the Vice President of Brandon League Operations or delegate investigator, the Respondent has the discretion to forego the formal process of the Hockey Brandon Respectful Hockey Policy, in accordance with the remedies prescribed in the Hockey Manitoba Suspension Guidelines for the complaint. I.e.: use of abusive or profane language during a Hockey Brandon supported function towards an official, team, coach, player or spectator, results in a 2 game suspension for the first offence, and a 3-5 game suspension for a subsequent or additional offence(s)
5. Investigate the complaint, including interviewing the Complainant and the Respondent, and any other person deemed relevant to the investigation;
6. Re-interview the parties to the complaint, as needed, in order to provide them with a full opportunity to respond to all pertinent information gathered during the investigation;
7. Carry out the investigation in a timely manner;

5.2Upon completion of the investigation, if the Respondent does not wish to forgo a formal Hockey Brandon Suspension Committee hearing, the Vice President of Brandon League Operations or delegate investigator shall prepare a brief written report which set out:

1. The allegation(s);
2. All relevant information obtained during the course of the investigation’
3. An analysis of that information on a balance of probabilities; and
4. A recommendation that either:

i.No further action to be taken because no breach of the Policy has been found to have occurred; or
ii.The complaint has merit and should be referred to the Hockey Brandon Suspension Committee; or
iii.The complaint has been shown to be clearly false, malicious or frivolous and should be referred to the Hockey Brandon Suspension Committee;
5.3Upon completion of the investigation, if the Respondent does wish to forgo a formal Hockey Brandon Suspension Committee hearing, the Vice President of Brandon League Operations will explain the remedies outline in 7.4 of the Hockey Brandon Respectful Hockey Policy, in accordance with the remedies prescribed in the Hockey Manitoba Suspension Guidelines for the complaint.  In this case, the Vice President of Brandon League Operations or delegate investigator will prepare a brief written report which sets out the requirements referred to in 10.2 as well as the remedy administered.
5.4The Vice President of Brandon League Operations or delegate investigator shall provide a copy of the written report to the President.
6.Actions to Be Taken Post Investigation
6.1Upon receipt of a report from the investigator recommending that no further action to be taken, the Vice President of Brandon League Operations will advise the Complainant, Respondent, and President accordingly and may choose to provide them with a copy of the investigator’s report.  The matter shall then be considered concluded.
6.2If the Vice President of Brandon League Operations or delegate investigator recommends that the complaint should be referred to the Hockey Brandon Suspension Committee as it either has merit or has been shown to be clearly false, malicious or frivolous, the Vice President of Brandon League Operations shall advise the Complainant and Respondent of the findings.  The Vice President of Brandon League Operations will provide the Complainant and Respondent, the opportunity to respond in writing to the Investigator’s findings and administered remedies if an informal process was chosen by the Respondent.  The Vice President of Brandon League Operations may establish such time frames for the provision of the written submissions as she/he deems necessary and reasonable.
6.3A Complainant or Respondent who has been provided with a copy of an Investigator’s report at the conclusion of the investigation into a complaint under this Procedure must not discuss, circulate and/or direction regarding the report from their representative, advisor or support person.
6.4Upon receipt of a written submission provided by either or both the Complainant or Respondent, or if no submissions are received by the time frames established by the Vice President of Brandon League Operations or delegate for their receipt, the Vice President of Brandon League Operations or delegate shall immediately appoint two impartial Board of Directors members, or individuals to serve with him as the Hockey Brandon Suspension Committee (“the Committee”) and the Vice President of Brandon League Operations or delegate shall chair the committee.
6.5The Vice President of Brandon League Operations or delegate shall forward a copy of the investigator’s report and any written submissions received from the parties to the Committee which will then be responsible for deciding whether a breach of the Policy has occurred and determined the appropriate remedy in response to the complaint should such a breach be found as set out in sections 7.4 to 7.9 of the Policy.
6.6The committee shall meet at such times and at such places as are necessary to come to a determination regarding remedy.  In relation to matters involving a breach of the Policy by an employee of Hockey Brandon, the Committee will consult, as appropriate, with the President and Past President in order to determine the proper disposition.
6.7A quorum of the Committee shall be all three Committee members including and appointed by the Vice President of Brandon League Operations.   Decisions of the Committee shall be by majority vote.
6.8The Suspension Committee may request any person to appear before it.  Any member of the Association who fails to appear before the Suspension Committee upon the request of the Committee is subject to disciplinary action, the discipline imposed is at the discretion of the Suspension Committee.
6.9The person who is subject of the suspension hearing must answer reasonable questions from the Committee and failure to do so will result in whatever disciplinary action the Committee deems appropriate.

1. Suspensions and or disciplinary action involving Hockey Brandon Board of Directors members will not be dealt with by the Suspension Committee, but will be dealt with by a special committee of past Board of Directors members chosen by the present Board of Directors.
2. The Suspension Committee at its discretion may lengthen a suspension set out by Hockey Manitoba.

7.Automatic Suspensions
Any player, team official who falsifies an Official Game Report shall be automatically suspended until a hearing by the Suspension Committee.
8.Decision of the Hockey Brandon Suspension Committee
Within 10 business days of the receipt of the investigator’s report and any written submissions by the parties or as soon as possible thereafter, the Committee will deliver its written decision to the President as well as the Complainant and Respondent.  The written decision shall contain:

1. A brief summary of the fact, referring as necessary, to the investigator’s report;
2. A conclusion as to whether or not the Policy has been breached;
3. The disciplinary action, if any, to be taken against the Respondent for any breach of the Policy found to have occurred.
4. The disciplinary sanctions, if any, to be administered to the Complainant in the event of the finding that the complaint was clearly false, malicious or frivolous;
5. If determined to be necessary, measures to remedy or mitigate the harm or loss suffered by the Complainant, for any breach of the Policy found;
6. Any other measures that may be necessary to properly dispose of the complaint;

                13.2 Unless the Committee decides otherwise, any disciplinary sanctions determined to be taken against either the Complainant or Respondent shall take effect immediately.  Failure by a member to comply with a sanction as determined by the Hockey Brandon Suspension Committee shall result in an automatic suspension of membership in Hockey Brandon until such time as the sanction is fulfilled.
 
9.Appeals
9.1Both the Complainant and Respondent shall have the right to appeal the decision of the Hockey Brandon Suspension Committee.  A notice of intention to appeal, along with the grounds for appeal, must be provided to the Vice President ‘A’ Hockey and Tournaments 5 business days of the Complainant or Respondent, as applicable, receiving the Committee’s written decision.  A secured payment of $150.00 (non-refundable) payable to Hockey Brandon must be received at the Hockey Brandon Office before the Appeal proceedings begin.  The notice must include the grounds upon which the decision is being appealed as set out in 13.2.
9.2Appeals may only be made on the following grounds:

1. Members of the Hockey Brandon Suspension Committee did not follow the Procedure applicable to administering the Respectful Hockey Policy;
2. Members of the Hockey Brandon suspension Committee reached a decision that could not be supported by the evidence
3. Members of the Hockey Brandon Suspension Committee reached a decision on remedy that was grossly unfair or unreasonable in all of the circumstances.

9.3The other party will be notified if a notice of appeal is received.  The party will be provided with the grounds of the appeal and the opportunity to submit a response to the notice.
9.4The appeal shall be heard by Hockey Brandon’s Appeal Committee.
9.5The Chairperson of the Appeal Committee shall, within 7 business days of receipt of a written appeal, arrange a date for the appeal hearing and give notice of the date to the Complainant and Respondent.
9.6Representations are limited at an appeal hearing to those persons requested to, or approved to appear by the Chairperson of the Appeal Committee.
9.7The Appeal Committee has discretion to govern the hearing of the appeal in the manner it deems appropriate, provided that it adheres to section 14.8.
9.8The decision of the Appeal Committee will be based on a review of the documentation regarding the complaint, parties in response to the investigator’s findings, the decision of the Hockey Brandon Suspension Committee, the notice of appeal and any representations in response to the appeal permitted by the Appeal Committee.
9.9In deciding the appeal, the Appeal Committee may uphold the decision of the Hockey Brandon Suspension Committee, substitute its decision for that of the Hockey Brandon Suspension Committee or if may modify any of the Hockey Brandon Suspension Committee’s conclusion regarding disciplinary action or remedial measures
14.10 A ruling by the Appeal Committee with respect to an appeal filed pursuant to this section is final and binding on all parties.
10.Record Keeping and Confidentiality of Records

1. Once a formal complaint has been disposed of pursuant to these Procedures, the Hockey Brandon Registrar shall keep a secure record of all relevant documents including, but not limited to:

1. The formal written complaint;
2. Any written reply to the complaint received by the Respondent;
3. Any informal or mediated resolutions (set out in writing and agreed to by the parties)
4. Investigator’s report;
5. Any responses received by the parties to the investigator’s report;
6. Decision of the Hockey Brandon Suspension Committee;
7. Notice of appeal (if any) and related documentation;
8. Decision of the Appeal Committee;

Any other related correspondence;
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
HOCKEY BRANDON
FORMAL COMPLAINT FORM
(Complaint made under the Respectful Hockey Policy)

 
Please complete the following:
 

1. Person making the complaint:

 

o  Player

o  Parent/guardian

o  Volunteer

o  Official

o  Employee

o

 

First name	Last name
Address
City/Town/Province	Postal Code
Telephone number (day) and cell phone number	E-mail address

 
 

1. Person on whose behalf the complaint is made: (to be completed if different from above and the person who the complaint is made on behalf of is a minor)

 

First name	Last name
Birth date (day/month/year)
Relationship to the person identified in #1 above

 

1. Identity of person(s) who complaint is against:

 

First name	Last name
Title/role	Name of Association/Club

 

First name	Last name
Title/role	Name of Association/Club

 

1. Nature of the allegations (check the box that best applies – see the Policy for descriptions):

 

o  Discrimination

o  Human rights based harassment

o  Bullying

o  Abuse