a. Personal Information Consent

LCSC respects your privacy and the confidentiality of your personal information.  We are committed to keeping confidential the personal information you share with us.  Use of such information will only be the purpose for which it was collected.  

Personal information is any information that identifies you as an individual.  This information includes your name, address, email address, age, gender, transaction records, health, and credit card/banking information.

We request personal information in order to establish and benefit you as a participant.  We ask for information based on our responsibilities toward both you and our governing bodies.  For example, Swim BC requires information such as your name, date of birth, gender, address, telephone number, preferred language, citizenship, dates of participation and competition level in order to complete your registration and insurance.

LCSC obtains personal information through registration forms and waivers.  We do not sell personal information.  Personal information is only released under the following circumstances:

• When you give consent
• When required or permitted by law

LCSC makes every reasonable effort to keep personal information accurate and up-to-date.  Having accurate information about you enables us to give you the best possible experience within our club.  If you find errors in the information held or have any changes please let us know as soon as possible and we will make the corrections.

b. Change Room Policy

The change rooms at the Frank Jamieson Community Centre are for all customers of the facility - not just for the Ladysmith-Chemainus Swim Club. The LCSC expects that the swimmers’ behavior reflects the club's Code of Conduct and demonstrates respect for the Town’s facility, staff, fellow swimmers and community members.

Swimmers are provided the opportunity to enter the change rooms prior to practice to prepare for each session and after each practice to get a quick shower and changed. Swimmers are then expected to make their way out to the lobby for pickup by parents. Change rooms should be cleared of all personal belongings and left in a clean and tidy manner. 

c. Bullying

Bullying is defined as the repeated hurtful interpersonal mistreatment of a person, the act intentionally hurting someone in order to insult, humiliate, degrade or exclude. LCSC is committed to providing a safe, caring and friendly environment for all of our members. Bullying is counterproductive to our team spirit and can be devastating to a victim. Bullying of any kind is unacceptable and will not be tolerated.

Hurtful actions include, but are not limited to:

• Verbal – name-calling, humiliating, degrading behavior, hurtful teasing, threatening someone (this may happen in notes or in person, over the phone, through text messages or a chat room). 
• Relational – making others look foolish, excluding peers, spreading gossip or rumors (this may happen in person, over the phone, or through the computer). 
• Reactive – engage in bullying as well as provoke bullies to attack by taunting them. 
• Physical – hitting, kicking, grabbing, shoving, spitting on, beating others up, and damaging or stealing another person’s property. 

The following sudden behavior changes can be a sign that an individual is being bullied: suddenly becoming aggressive, quitting the team or being reluctant to return to the sport activity, sleep disorders, emotional disorders, sliding grades at school, changes in appetite, fear of washrooms, locker rooms, or closed doors, running away.

d. Award Standards

At the end of the season, the club recognizes the efforts of different members of the Club for their efforts throughout the season. Some awards are perpetual trophy awards and stored in the trophy cabinet at FJCC and recipients are presented with a keeper plaque.  Awards and ceremony will change season to season.  

e. Websites

SWIMBC - our provincial regulating body https://swimbc.ca/

Swimming Canada – our national regulating body https://swimming.ca/en/

                                                                              Ladysmith Chemainus Swim Club Travel Policy

Organization” refers to: Ladysmith Chemainus Swim Club

Purpose

1. The purpose of this Policy is to inform athletes, parents, and coaches travelling to events outside of the Province of British Columbia is their responsibilities and the expectations of the Organization.

Application of this Policy

2. Specific individuals have responsibilities when teams travel outside of the province.

      These individuals include:

• Parents traveling with the athlete
• Parents not traveling with the athlete
• Chaperones 
• Coaches
• Team Managers
• Athletes Travel Consent Form

Travel consent form

3. Minor athletes traveling with individuals other than their parent/guardian must keep with them a Travel Consent Form (signed by their parent/guardian).  A travel consent form is available from the board or coaching staff as needed. 

Responsibilities

4. Parents traveling with a minor athlete are responsible for their child during the entirety of the event and have the following additional responsibilities:

• Pay all event fees prior to the start of travel
• Register for event accommodations in a timely manner. Accommodations outside of those arranged by the manager (such as staying with family, or at a different hotel) must be approved by the coach in advance of arrangements being made
• Punctual drop off and pick up of their children at times and places indicated by coaches
• Adhere to coach or manager requests for parent meetings, team meetings, or team functions and be punctual to such events
• Adhere to coach requests for athlete curfew times
• Adhere to coach requests for limiting outside activities (go-karting, shopping, etc.)
• Report any athlete illness or injury
• Report any incident likely to bring discredit to the Organization
• Adhere to the Organization’s policies and procedures, particularly the Code of Conduct and Ethics
• If travelling outside of Canada, ensure that all passports are valid and not expired

5. Parents not traveling with the athlete have the following responsibilities:

• Assign to their child a chaperone from among the other parents in attendance. The chaperone may not be a team coach, assistant coach, or manager
• Provide the chaperone with a Travel Consent Form
• Provide the chaperone with emergency contact information
• Provide the chaperone with any necessary medical information
• Pay all event fees prior to the start of travel
• Provide the child with enough funds to pay for food and incidentals
• If travelling outside of Canada, ensure that all passports are valid and not expired

6. Chaperones have the following responsibilities:

• Obtain and carry any Travel Consent Forms, emergency contact information, and medical information
• Punctual drop off and pick up of their children at times and places indicated by coaches
• Adhere to coach or manager requests for parent meetings, team meetings, or team functions and be punctual to such events
• Adhere to coach requests for athlete curfew times
• Report any athlete illness or injury
• Adhere to coach requests for limiting outside activities (swimming, shopping, etc.)
• Report any incident likely to bring discredit to the Organization
• Inspect hotel rooms rented for damage before check in and after check out.
• Report any damage to the coach
• Approve visitors to the athlete accommodations, at their discretion
• Adhere to the Organization’s policies and procedures, particularly the Code of Conduct and Ethics

7. Coaches have the following responsibilities:  

• Arrange all team meetings and training sessions
• Determine curfew times
• Work in close co-operation with the chaperones on all non-sport matters
• Report to the Organization incident likely to bring discredit to the Organization
• Together with the chaperones, decide temporary disciplinary action to be taken at the scene of an incident, and report such incident and action to the parents of the athletes involved as well as to the Organization for further disciplinary action, if applicable, under the Organization’s Discipline and Complaints Policy
• Adhere to the Organization’s policies and procedures, particularly the Code of Conduct and Ethics

8. Team/Event Managers have the following responsibilities:

• Ensure an appropriate chaperone-to-athlete ratio that does not exceed five athletes per chaperone
• Organize accommodations and inform parents and chaperones how to register and pay for accommodations
• Room female and male athletes separately. Coaches and chaperones must be roomed separately from athletes, unless the athlete is the child of the coach or chaperone
• Coordinate and collect all travel expenses from parents

9. Athletes have the following responsibilities:

• Arrive at each event ready to participate
• Make any visitor requests to chaperones before the visit is expected
• Represent the Organization to the best of their abilities at all times
• Communicate any problems or concerns to the coaches and chaperone just as they would their own parents
• Check in with the chaperone when leaving their rooms
• Not leave the hotel alone or without permission of the coach/chaperone and check-in when returning
• Adhere to the Organization’s policies and procedures, particularly the Code of Conduct and Ethics 

Athlete Protection Policy

Definitions 

1. Terms in this Policy are defined as follows: 

a) Athlete – An individual who is an Athlete Participant in Ladysmith Chemainus Swim Club(LCSC) who is subject to the policies of LCSC and to the Code of Conduct and Ethics. 

b) Minor – Any Participant who is under the age of 19 years old at the time and in the jurisdiction where the alleged maltreatment has occurred. Adults are responsible for knowing the age of a Minor. 

c) Participants – Refers to all categories of individual members and/or registrants defined in the By-laws of LCSC who are subject to the policies of LCSC, as well as all people employed by, contracted by, or engaged in activities with, LCSC including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, committee members, and Directors and Officers. 

d) Person in Authority – Any Participant who holds a position of authority within LCSC including, but not limited to, coaches, instructors, officials, managers, support personnel, chaperones, committee members, and Directors and Officers. 

e) Vulnerable Participants – Includes Minors and vulnerable adults (people who, because of age, disability, or other circumstance, are in a position of dependence on others or are otherwise at a greater risk than the general population of being harmed by Persons in Authority). 

Purpose 

2. 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’ 

3. LCSC requires that the ‘Rule of Two’ be followed for all Persons in Authority who interact with Athletes, to the maximum extent feasible. 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. 

4. LCSC 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: 

a) 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. 

b) Private and one-on-one situations that are not observable by another adult or Athlete should be avoided to the maximum extent possible. 

c) 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. 

d) 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. 

Competitions and Training Sessions 

5. For competitions and training sessions, LCSC recommends: 

a) A Person in Authority should never be alone with a Vulnerable Participant prior to or following a competition or training session unless the Person in Authority is the Vulnerable Participant’s parent or guardian. Page 2 of 4 

b) If the Vulnerable Participant is the first Athlete to arrive, the Athlete’s parent should remain until another Athlete or Person in Authority arrives. 

c) If a Vulnerable Participant would potentially be alone with a Person in Authority following a competition or training session, the Person in Authority should ask another Person in Authority (or a parent or guardian of another Athlete) to stay until all the Athletes have been picked up. If an adult is unavailable, another Athlete, who is preferably not a Vulnerable Participant, should be present to avoid the Person in Authority being alone with a Vulnerable Participant. 

d) Persons in Authority giving instructions, demonstrating skills, or facilitating drills or lessons to an individual Athlete should always do so within earshot and eyesight of another Person in Authority. 

e) 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 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 text message. 

Communications 

6. For communication between Persons in Authority and Athletes, LCSC recommends: 

a) 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. 

b) 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). 

c) 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. 

d) All communication between a Person in Authority and Athletes must be between the hours of 6:00am and midnight unless extenuating circumstances justify otherwise. 

e) Communication concerning drugs or alcohol use (unless regarding its prohibition) is not permitted. 

f) No sexually explicit language or imagery or sexually oriented conversation may be communicated in any medium. 

g) Persons in Authority are not permitted to ask Athletes to keep a personal secret for them, nor are Athletes permitted to ask a Person in Authority to keep a personal secret for them. 

Travel 

7. For travel involving Persons in Authority and Athletes, LCSC recommends: 

a) Teams or groups of Athletes shall always have at least two Persons in Authority with them. 

b) For mixed gender teams or groups of Athletes, there should be one Person in Authority from each gender. 

c) If two Persons in Authority cannot be present, reasonable efforts should be made to supplement supervision with screened parents or other volunteers. 

d) To the maximum 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. 

e) A Person in Authority may not share a hotel room or be alone with an Athlete unless the Person in Authority is the Athlete’s parent/guardian or spouse. 

f) Room or bed checks during overnight stays must be done by two Persons in Authority. 

g) For overnight travel when Athletes must share a hotel room, roommates must be age-appropriate and of the same gender identity. 

Locker Rooms / Changing Areas

8. For locker rooms, changing areas and other closed meeting spaces, LCSC recommends: 

a) 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.

 b) 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 

9. For all photography and video of an Athlete, LCSC recommends the following. For detailed information regarding photography and video at events, please reference the LCSC Event Photography and Video Policy: 

a) 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. 

b) The use of recording devices in areas where there is a reasonable expectation of privacy is strictly prohibited. 

c) Examples of photos that shall be edited or deleted include: 

i. Images with misplaced apparel or where undergarments are showing 

ii. Suggestive or provocative poses 

iii. Embarrassing images 

d) If any content featuring an Athlete will be used on any form of public media, a Photo and Video Consent Form (Appendix A) must be completed before the content is recorded. 

Physical Contact 

10. 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, LCSC recommends: 

a) 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. 

b) Infrequent, incidental physical contact during a training session is not considered a violation of policy. 

c) 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 

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

Discipline and Complaints Policy

Definitions 

1. Terms in this Policy are defined as follows: 

a) Athlete – An individual who is an Athlete Participant in LCSC who is subject to the policies of LCSC and to the Code of Conduct and Ethics.

 b) Case Manager – An individual appointed to administer complaints that are assessed under Process #2 of this Policy. This individual must not be in a conflict of interest. 

c) Complainant – A Participant or observer, or representative counsel, who makes a report of an incident, or a suspected incident, of maltreatment or other behaviour that is a violation of the standards described in the Code of Conduct and Ethics, or any other LCSC policy or bylaws. 

d) External Discipline Panel – A Panel of one or three people who are appointed by the Case Manager to decide on complaints that are assessed under Process #2 of this Policy. 

e) Internal Discipline Chair – An individual appointed by LCSC to decide on complaints that are assessed under Process #1 of this Policy. The Internal Discipline Chair may be a Director, staff member, or other individual affiliated with LCSC but must not be in a conflict of interest. 

f) Minor – Any Participant under the age of 19 years old at the time of a suspected incident and was participating within the jurisdiction of LCSC. Adults are responsible for knowing the age of a Minor. 

g) Parties – the groups involved with a dispute.

h) Participants – Refers to all categories of individual members and/or registrants defined in the By-laws of LCSC who are subject to the policies of LCSC, as well as all people employed by, contracted by, or engaged in activities with, LCSC including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, committee members, and Directors and Officers. 

i) Respondent – The Party responding to the complaint, or their representative counsel. 

Purpose 

2. Participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the policies, By-laws, rules, and regulations of LCSC. Non-compliance may result in the imposition of sanctions pursuant to this Policy. Application of this Policy 

3. This Policy applies to all Participants. 

4. This Policy applies to matters that may arise during the business, activities, and events of LCSC including, but not limited to, competitions, training sessions, treatment, or consultations (e.g., massage therapy), camps and clinics, travel associated with the activities of LCSC, and any meetings. 

5. This Policy also applies to Participants’ conduct outside of the business, activities, and events of LCSC when such conduct adversely affects the relationships (or the work and sport environment) of LCSC, is detrimental to the image and reputation of LCSC, or upon the acceptance of LCSC. Accordingly, applicability of this Policy will be determined by LCSC upon its sole discretion. 

6. 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 sport. 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). 

7. 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 applicable. In such situations, disciplinary sanctions may be for the duration of the competition, training, activity, or event only. 

8. In addition to being subject to disciplinary action pursuant to this Discipline and Complaints Policy, an employee of LCSC who is a Respondent to a complaint may also be subject to consequences in accordance with the employee’s Employment Agreement or policies for human resources, if applicable. 

9. LCSC may, at its discretion, assume jurisdiction of a complaint that was submitted to a Club. In such cases, LCSC’s Case Manager will determine whether the complaint process should be re-started or resumed pursuant to the applicable section of this Policy. 

10. Where a complaint is submitted to a Club, and the Club requests LCSC assume jurisdiction of the complaint, or where a Club has no conflict resolution mechanism (policies) or capacity to adequately manage a complaint as expected by this policy, the Club must assume all expenses born by LCSC, including but not limited to a Case Manager and any other requirements necessary to adhere to this policy. 

Minors 

11. Complaints may be brought by or against a Participant who is a Minor. Minors must have a parent/guardian or other adult serve as their representative during this process. 

12. Communication from a Case Manager, Internal Discipline Chair or External Discipline Panel (as applicable) must be directed to the Minor’s representative. 

13. A Minor is not required to attend an oral hearing, if held. Reporting a Complaint 

14. Any person may report a complaint directly to LCSC, which will then appoint a Case Manager. 

15. At its discretion, LCSC may act as the Complainant and initiate the complaint process under the terms of this Policy. In such cases, LCSC will identify an individual to represent the organization. 

16. Complaints or incident reports should be made in writing for the discipline and complaints procedure to be initiated. LCSC may accept any formal complaint, in writing or not, at their sole discretion. 

Case Manager Responsibilities 

17. Upon receipt of a complaint, the Case Manager has a responsibility to: 

a) Determine the appropriate jurisdiction to manage the complaint and consider the following: 

i. Whether the complaint should be handled by a Club or by LCSC. In making this decision, the Case Manager will consider: 

a. whether the incident has occurred within the business, activities or events of the Club or LCSC; and 

b. if the Club 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 

ii. If the Case Manager determines that the complaint or incident should be handled by a Club, that Club may use its own policies to address the complaint or may adopt this Policy and appoint its own Case Manager to fulfil the responsibilities listed below. In such instance where this Policy is adopted by a Club, any reference to Case Manager below shall be understood as a reference to the Club’s Case Manager 

b) 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 Case Manager’s decision to dismiss the complaint may not be appealed 

c) Propose the use of alternative dispute resolution techniques 

d) Determine if the alleged incident should be investigated pursuant to Appendix A – Investigation Procedure; and/or 

e) Choose which process (Process #1 or Process #2, as outlined below) should be followed to hear and adjudicate the complaint. There are two different processes that may be used to hear and adjudicate complaints. The Case Manager will decide which process should be followed based on the nature of the complaint. 

Process #1 - the Complainant alleges the following incidents: 

a) Disrespectful conduct or comments 

b) Minor incidents of physical violence outside of competition or training (e.g., tripping, pushing, elbowing) 

c) Conduct contrary to the values of LCSC 

d) Non-compliance with the organization’s policies, procedures, rules, or regulations 

e) Minor violations of the Code of Conduct and Ethics, Social Media Policy, or Athlete Protection Policy 

Process #2 - the Complainant alleges the following incidents: 

a) Repeated minor incidents 

b) Hazing 

c) Abusive, racist, or sexist comments or behaviour 

d) Behaviour that constitutes harassment, sexual harassment, or sexual misconduct

e) Major incidents of violence outside of competition or training (e.g., fighting, attacking, sucker punching) 

f) Pranks, jokes, or other activities that endanger the safety of others 

g) Conduct that intentionally interferes with a competition or with any athlete’s preparation for a competition 

h) Conduct that intentionally damages the organization’s image, credibility, or reputation 

i) Consistent disregard for the by-laws, policies, rules, and regulations 

j) Major or repeated violations of the Code of Conduct and Ethics 

k) Intentionally damaging the organization’s property or improperly handling the organization’s monies 

l) Abusive use of alcohol, any use or possession of alcohol by Minors, or use or possession of illicit drugs and narcotics 

m) A conviction for any Criminal Code offense 

n) Any possession or use of banned performance enhancing drugs or methods 

PROCESS #1: Handled by Internal Discipline Chair Internal Discipline Chair 

18. Following the determination that the complaint or incident should be handled under Process #1, LCSC to appoint an Internal Discipline Chair who may: 

a) Recommend mediation;  

b) Make a decision; 

c) Ask the Complainant and the Respondent for either written or oral submissions regarding the complaint or incident; or 

d) Convene the parties to a meeting, either in person or by way of video or teleconference to ask the parties questions.

 19. Thereafter, the Internal Discipline Chair shall determine if a breach occurred and if sanctions should be applied (see: Sanctions). 

20. The Internal Discipline Chair will inform the Parties of the decision, which will take effect immediately. 

21. Records of all sanctions will be maintained by LCSC. Request for Reconsideration 

22. If there is no sanction, the Complainant may contest the non-sanction by informing the Internal Discipline Chair, within five (5) days of receiving the decision, that the Complainant is not satisfied with the decision. The initial complaint or incident will then be handled under Process #2 of this Policy.

 23. If there is a sanction, the sanction may not be appealed until the completion of a Request for Reconsideration. However, the Respondent may contest the sanction by submitting a Request for Reconsideration within five (5) days of receiving the sanction. In the Request for Reconsideration, the Respondent must indicate: a) Why the sanction is inappropriate b) Summary of evidence that the Respondent will provide to support the Respondent’s position; and c) What alternative penalty or sanction (if any) would be appropriate. 

24. Upon receiving a request for reconsideration, the Internal Discipline Chair may decide to accept or reject the Respondent’s suggestion for an alternative sanction. 

25. Should the Internal Discipline Chair accept the Respondent’s suggestion for an appropriate sanction, that sanction will take effect immediately. 

26. Should the Internal Discipline Chair not accept the Respondent’s suggestion for an appropriate sanction, the initial complaint or incident will be handled under Process #2 of this Policy. PROCESS #2: Handled by Case Manager and External Discipline Panel Case Manager 

27. Following the determination that the complaint or incident should be handled under Process #2, a Case Manager has a responsibility to: 

a) Propose the use of alternative dispute resolution techniques 

b) Appoint the External Discipline Panel, if necessary 

c) Coordinate all administrative aspects of the process and set reasonable timelines 

d) Provide administrative assistance and logistical support to the External Discipline Panel as required 

e) Provide any other service or support that may be necessary to ensure a fair and timely proceeding 

28. The Case Manager will establish and adhere to timelines that ensure procedural fairness and that the matter is heard in a timely fashion. 

29. The Case Manager may propose using alternative dispute resolution methods, such as mediation or a negotiated settlement. 

30. If the dispute is not resolved using alternative methods, the Case Manager will appoint an External Discipline Panel of one (1) person to hear the complaint. Depending on the severity of the allegations and at the Case Manager’s discretion, an External Discipline Panel of three (3) people may be appointed. When a three-person External Discipline Panel is appointed, the Case Manager will appoint one of the External Discipline Panel’s members to serve as the Chair. 

31. The Case Manager, in cooperation with the External Discipline Panel, will then decide the format under which the complaint will be heard. This decision may not be appealed. The format of the hearing may be an oral in person hearing, an oral hearing by telephone or other communication medium, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. 

32. The hearing will be governed by the procedures that the Case Manager and the External Discipline Panel deem appropriate for the circumstances. The following guidelines will apply to the hearing: 

a) The Parties will be given appropriate notice of the day, time, and place of the hearing 

b) Copies of any written documents which any of the Parties wishes to have the External Discipline Panel consider will be provided to all Parties, through the Case Manager, in advance of the hearing 

c) The Parties may engage a representative, advisor, or legal counsel at their own expense 

d) The External Discipline Panel may request that any other individual participate and give evidence at the hearing 

e) The External Discipline Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the complaint, but may exclude such evidence that is unduly repetitious, and shall place such weight on the evidence as it deems appropriate

 f) The decision will be by a majority vote of the External Discipline Panel, when the Panel consists of three people 

33. If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing, in which case the External Discipline Panel will determine the appropriate sanction. The External Discipline Panel may still hold a hearing for the purpose of determining an appropriate sanction. 

34. The hearing will proceed in any event, even if a Party chooses not to participate in the hearing. 

35. In fulfilling its duties, the External Discipline Panel may obtain independent advice. 

Decision 

36. After hearing the matter, the External Discipline Panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. Within fourteen (14) days of the hearing’s conclusion, the External Discipline Panel's written decision, with reasons, will be distributed to all parties, the Case Manager, and to LCSC. In extraordinary circumstances, the External Discipline Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued before the end of the fourteen (14) day period. The decision will be considered a matter of public record unless decided otherwise by the External Discipline Panel. 

Sanctions 

37. Prior to determining sanctions, the Internal Discipline Chair or External Discipline Panel, as applicable, will consider factors relevant to determining appropriate sanctions which include: 

a) The nature and duration of the Respondent’s relationship with the Complainant, including whether there is a power imbalance 

b) The Respondent’s prior history and any pattern of inappropriate behaviour or maltreatment 

c) The ages of the individuals involved 

d) Whether the Respondent poses an ongoing and/or potential threat to the safety of others  

e) The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the maltreatment, and/or cooperation in the process of LCSC 

f) Real or perceived impact of the incident on the Complainant, sport organization or the sporting community 

g) 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); 

h) Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate 

i) A Respondent who is in a position of trust, intimate contact or high-impact decision-making may face more serious sanctions; and/or 

j) Other mitigating and aggravating circumstances such as employment agreements and or specific legislation.

 38. Any sanction imposed must be proportionate and reasonable. However, progressive discipline is not required, and a single incident of maltreatment or other prohibited behaviour may justify elevated or combined sanctions. 

39. The Internal Discipline Chair or External Discipline Panel, as applicable, may apply the following disciplinary sanctions, singularly or in combination: 

a) 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 

b) 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

 c) Probation - Should any further violations of the Code of Conduct and Ethics occur during the probationary period, will result in additional disciplinary measures, likely including a period of suspension or permanent ineligibility. This sanction can also include loss of privileges or other conditions, restrictions, or requirements for a specified period 

d) Suspension - Suspension, either for a set time or until further notice, from participation, in any capacity, in any program, activity, event, or competition sponsored by, organized by, or under the auspices of LCSC. 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 

e) Eligibility Restrictions - Restrictions or prohibitions from some types of participation but allowing participation in other capacities under strict conditions 

f) Permanent Ineligibility - Ineligibility to participate in any capacity in any program, activity, event, or competition sponsored by, organized by, or under the auspices of LCSC 

g) 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 

40. The Internal Discipline Chair or External Discipline Panel, as applicable, may apply the following presumptive sanctions which are presumed to be fair and appropriate for the listed maltreatment: 

a) Sexual maltreatment involving a Minor Complainant shall carry a presumptive sanction of permanent ineligibility 

b) Sexual maltreatment, physical maltreatment with contact, and maltreatment related to interference or manipulation of process shall carry a presumptive sanction of either a period of suspension or eligibility restrictions 

c) While a Respondent has pending charges or dispositions in violation of the criminal law, the presumptive sanction shall be a period of suspension 

41. A Participant’s conviction for a Criminal Code offense shall carry a presumptive sanction of permanent ineligibility from participating with LCSC. Criminal Code offences may include, but are not limited to: 

a) Any child pornography offences

b) Any sexual offences 

c) Any offence of physical violence

d) Any offence of assault e) Any offence involving trafficking of illegal drugs 

42. Unless the External Discipline Panel decides otherwise, any disciplinary sanctions will begin immediately, notwithstanding an appeal. Failure to comply with a sanction as determined by the External Discipline Panel will result in an automatic suspension until such time as compliance occurs.

43. Records of all decisions will be maintained by LCSC. 

44. Decisions and appeals are matters of public interest and shall be publicly available with the names of the individuals redacted, with the exception that names of persons disciplined shall be a matter of public record and may be posted to LCSC’s website at the discretion of LCSC.

 Appeals 

45. The decision of the External Discipline Panel may be appealed in accordance with the Appeal Policy. Suspension Pending a Hearing 

46. LCSC 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 Panel. 

Confidentiality 

47. The discipline and complaints process is confidential and involves only LCSC, the Parties, the Case Manager, the Internal Discipline Chair, the External Discipline Panel, and any independent advisors to the External Discipline Panel. Once initiated and until a decision is released, none of the parties will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings. 

48. Any failure to respect the confidentiality requirement may result in further sanctions or discipline by the Internal Discipline Chair or External Discipline Panel (as applicable).

Timelines 

49. 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 Case Manager may direct that these timelines be revised. 

Records and Distribution of Decisions 

50. 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 Policy. 

Alternative Dispute Resolution Policy

In this document “Organization” refers to Ladysmith Chemainus Swim Club (LCSC) 

Definitions 

1. Terms in this Policy are defined as follows:

1. Participants – Refers to all categories of individual members and/or registrants defined in the By-laws of the Organization who are subject to the policies of the Organization, as well as all people employed by, contracted by, or engaged in activities with, the Organization including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, committee members, and Directors and Officers.

2. The Organization support the principles of Alternative Dispute Resolution (ADR) and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. ADR also avoids the uncertainty, costs, and other negative effects associated with lengthy appeals or complaints, or with litigation.

3. The Organization encourage all Participants to communicate openly, and to collaborate and use problem-solving and negotiation techniques to resolve their differences. The Organization believe that negotiated settlements are most often preferable to arbitrated outcomes. Negotiated resolutions to disputes with and among Participants are strongly encouraged.

Application of this Policy

4. This Policy applies to all Participants.

5. Opportunities for ADR may be pursued at any point in a dispute when all parties to the dispute agree that such a course of action would be mutually beneficial.

Facilitation and Mediation

6. If all parties to a dispute agree to ADR, a mediator or facilitator, acceptable to all parties, shall be appointed to mediate or facilitate the dispute.

7. The mediator or facilitator shall decide the format under which the dispute shall be mediated or facilitated and may, if they consider it appropriate, specify a deadline before which the parties must reach a negotiated decision.

8. Should a negotiated settlement be reached, the written settlement shall be reported to, and approved by, the Organization for approval. Any actions that are to take place because of the decision shall be enacted on the timelines specified by the negotiated decision, pending approval.

9. Should a negotiated settlement not be reached by the deadline specified by the mediator or facilitator at the start of the process (if set), or if the parties to the dispute do not agree to ADR, the dispute shall be considered under the appropriate section of the Discipline and Complaints Policy or Appeal Policy, as applicable.

Final and Binding

10. Any negotiated settlement will be binding on the parties. Negotiated settlements may not be appealed

Appeal Policy

“Organization” refers to Ladysmith Chemainus Swim Club (LCSC)

Definitions

1. The following terms have these meanings in this Policy:

1. “Appellant” – The Party appealing a decision
2. “Respondent” – The body whose decision is being appealed
3. “Parties” – The Appellant, Respondent, and any other Individuals affected by the appeal
4. “Days” – Days irrespective of weekend and holidays
5. “Individuals” – All categories of membership defined in the Organization’s Bylaws, as well as all individuals employed by, or engaged in activities with, the Organization including, but not limited to, athletes, coaches, convenors, referees, officials, volunteers, managers, administrators, committee members, Directors and Officers of the Organization, spectators at events, and parents/guardians of athletes

Purpose

2. The Organization is committed to providing an environment in which all Individuals involved with the Organization are treated with respect and fairness. The Organization provides Individuals with this Appeal Policy to enable fair, affordable, and expedient appeals of certain decisions made by the Organization. Further, some decisions made by the process outlined in the Organization’s Discipline and Complaints Policy may be appealed under this Policy. 

Scope and Application of this Policy

3. This Policy applies to all Individuals. Any Individual who is directly affected by the Organization decision shall have the right to appeal that decision; provided there are sufficient grounds for the appeal under the ‘Grounds for Appeal’ section of this Policy.

4. This Policy will apply to decisions relating to:

1. Eligibility
2. Selection
3. Conflict of Interest
4. Discipline
5. Membership

5. This Policy will not apply to decisions relating to:

1. Employment
2. Infractions for doping offenses 
3. The rules of the sport
4. Selection criteria, quotas, policies, and procedures established by entities other than the Organization
5. Substance, content and establishment of team selection criteria 
6. Volunteer/coach appointments and the withdrawal or termination of those appointments
7. Budgeting and budget implementation
8. The Organization’s operational structure and committee appointments
9. Decisions or discipline arising within the business, activities, or events organized by entities other than the Organization (appeals of these decisions shall be dealt with pursuant to the policies of those other entities unless requested and accepted by the Organization at its sole discretion)
10. Commercial matters for which another appeals process exists under a contract or applicable law
11. Decisions made under this Policy

Timing of Appeal

6. Individuals who wish to appeal a decision have seven (7) days from the date on which they received notice of the decision to submit, in writing to the Organization, the following:
   1. Notice of the intention to appeal
   2. Contact information and status of the appellant
   3. Name of the respondent and any affected parties, when known to the Appellant
   4. Date the appellant was advised of the decision being appealed
   5. A copy of the decision being appealed, or description of decision if written document is not available
   6. Grounds for the appeal
   7. Detailed reasons for the appeal
   8. All evidence that supports these grounds
   9. Requested remedy or remedies 
   10. An administration fee of one hundred dollars ($100)

7. An Individual who wishes to initiate an appeal beyond the seven (7) day period must provide a written request stating the reasons for an exemption. The decision to allow, or not allow, an appeal outside of the seven (7) day period will be at the sole discretion of the Case Manager and may not be appealed.

Grounds for Appeal

8. A decision cannot be appealed on its merits alone. An appeal may only be heard if there are sufficient grounds for appeal. Sufficient grounds include the Respondent:

1. Made a decision that it did not have the authority or jurisdiction (as set out in the Respondent’s governing documents) to make 
2. Failed to follow its own procedures (as set out in the Respondent’s governing documents)
3. Made a decision that was influenced by bias (where bias is defined as a lack of neutrality to such an extent that the decision-maker appears not to have considered other views) 
4. Failed to consider relevant information or took into account irrelevant information in making the decision
5. Made a decision that was grossly unreasonable

9. The Appellant must demonstrate, on a balance of probabilities, that the Respondent has made a procedural error as described in the ‘Grounds for Appeal’ section of this Policy and that this error had, or may reasonably have had, a material effect on the decision or decision-maker.

Screening of Appeal

10. Upon receiving the notice of the appeal, the fee, and all other information (outlined in the ‘Timing of Appeal’ section of this Policy), the Organization and the Appellant may first determine the appeal to be heard under the Organization’s Dispute Resolution Policy.

11. Appeals resolved by mediation under the Organization’s Dispute Resolution Policy will cause the administration fee to be refunded to the Appellant.   

12. Should the appeal not be resolved by using the Dispute Resolution Policy, the Organization will appoint an independent Case Manager who has the following responsibilities:

1. Determine if the appeal falls under the scope of this Policy
2. Determine if the appeal was submitted in a timely manner
3. Decide whether there are sufficient grounds for the appeal

13. If the appeal is denied on the basis of insufficient ground, because it was not submitted in a timely manner, or because it did not fall under the scope of this Policy, the Appellant will be notified, in writing, of the reasons for this decision. This decision may not be appealed.

14. If the Case Manager is satisfied there are sufficient grounds for an appeal, the Case Manager will appoint an Appeals Panel which shall consist of a single Adjudicator, to hear the appeal. In extraordinary circumstances, and at the discretion of the Case Manager, a Panel of three persons may be appointed to hear the appeal. In this event, the Case Manager will appoint one of the Panel’s members to serve as the Chair. 

Procedure for Appeal Hearing

15. The Case Manager shall notify the Parties that the appeal will be heard. The Case Manager shall then decide the format under which the appeal will be heard. This decision is at the sole discretion of the Case Manager and may not be appealed. 

16. If a Party chooses not to participate in the hearing, the hearing will proceed in any event.

17. The format of the hearing may involve an oral in-person hearing, an oral hearing by telephone or other electronic means, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the Case Manager and the Panel deem appropriate in the circumstances, provided that:

1. The hearing will be held within a timeline determined by the Case Manager
2. The Parties will be given reasonable notice of the day, time and place of the hearing
3. Copies of any written documents which the parties wish to have the Panel consider will be provided to all Parties in advance of the hearing
4. The Parties may be accompanied by a representative, advisor, or legal counsel at their own expense
5. The Panel may request that any other individual participate and give evidence at the hearing
6. The Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the appeal, but may exclude such evidence that is unduly repetitious and shall place such weight on the evidence as it deems appropriate
7. If a decision in the appeal may affect another party to the extent that the other party would have recourse to an appeal in its own right under this Policy, that party will become a party to the appeal in question and will be bound by its outcome
8. The decision to uphold or reject the appeal will be by a majority vote of Panel members

18. In fulfilling its duties, the Panel may obtain independent advice.

Appeal Decision

19. The Panel shall issue its decision, in writing and with reasons, within fourteen (14) days after the hearing’s conclusion. In making its decision, the Panel will have no greater authority than that of the original decision-maker. The Panel may decide to:

1. Reject the appeal and confirm the decision being appealed
2. Uphold the appeal and refer the matter back to the initial decision-maker for a new decision
3. Uphold the appeal and vary the decision 

20. The Panel's written decision, with reasons, will be distributed to all Parties, the Case Manager, and the Organization. In extraordinary circumstances, the Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued thereafter. The decision will be considered a matter of public record unless decided otherwise by the Panel.

Timelines

21. If the circumstances of the appeal are such that adhering to the timelines outlined by this Policy will not allow a timely resolution to the appeal, the Case Manager and/or Panel may direct that these timelines be revised.

Confidentiality

22. The appeals process is confidential and involves only the Parties, the Case Manager, the Panel, and any independent advisors to the Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information to any person not involved in the proceedings.

Final and Binding

23. The decision of the Panel will be binding on the Parties and on all the Organization’s Individuals; subject to the right of any Party to seek a review of the Panel’s decision pursuant to the rules of Swim BC, Swimming Canada or the Sport Dispute Resolution Centre of Canada (SDRCC).

24. No action or legal proceeding will be commenced against the Organization or Individuals in respect of a dispute, unless the Organization has refused or failed to provide or abide by the dispute resolution process and/or appeal process as set out in the Organization’s governing documents.

AUTHORITY

The LCSC Board of Directors reserves the right to add to or make any changes to these policies and procedures or any other LCSC document within so long as the document aligns with the current Club Bylaws.