Alternate Dispute Policy
Updated: March 2017
Water Ski and Wakeboard Canada (WSWC) supports the principles of alternative dispute resolution and is committed to the techniques of mediation and arbitration as effective ways to resolve disputes and to avoid the uncertainty and cost associated with litigation. Further, Federal Bill C-12 was enacted in 2003 to establish an independent organization, the Sport Dispute Resolution Centre of Canada (SDRCC), whose mission is to provide to the sport community a national alternative dispute resolution service for sport disputes. As a Registered Canadian Amateur Athletic Association, and as an organization in receipt of funding from Canadian Heritage (Sport Canada), WSWC is obligated to allow disputes to be referred to SDRCC.
Within the context of the services available through SDRCC, WSWC shall consider mediation and arbitration processes as outlined below.
Opportunities for mediation may be pursued at any point in a dispute where it is appropriate and where the disputing parties agree that such a course of action would be mutually beneficial.
In the event that a dispute persists after internal avenues of decision-making, appeals and/or mediation have been exhausted, opportunities for final binding arbitration may be pursued.
Where the continuing dispute relates to an Appeal Panel having made a decision that was outside its jurisdiction, having failed to follow proper procedures, or having made a decision that was influenced by bias, such a dispute may be dealt with through binding arbitration before an independent arbitrator who is acceptable to the parties in the dispute.
Should a dispute be referred to arbitration, all parties to the original appeal will be parties to the arbitration.
The parties to the arbitration will enter into a written Arbitration Agreement that will specify that the decision of the arbitrator will be final and binding upon the parties and not subject to any further review by any court or any other body.
No Legal Action
No action, application for judicial review or other legal proceedings will be commenced against WSWC in respect of a dispute with a member, unless WSWC has failed or refused to participate in binding arbitration in accordance with this policy.
Code of Conduct and Ethics Policy
Updated: March 2017
1. The purpose of this Code of Conduct and Ethics policy is to ensure a safe and positive environment within WSWC programs, activities and events, by making all Individuals aware that there is an expectation ofappropriate behavior, consistent with the values of WSWC, at all times.
2. WSWC is committed to providing an environment in which all Individuals are treated with respect. Further, WSWC supports equal opportunity and prohibits discriminatory practices. Members of WSWC and participants in WSWC’s programs and activities are expected to conduct themselves at all times in a manner consistent with the values of WSWC that include fairness, integrity, open communication and mutual respect.
3. Conduct that violates this Code of Conduct and Ethics may be subject to sanctions pursuant to WSWC’s policies related to discipline and complaints.
4. The following terms have these meanings in this Policy: “Individuals” – WSWC staff, volunteers, organizers, coaches, officials, athletes, managers, members, parents/guardians of WSWC members and spectators at WSWC events.
Application of this Policy
5. This policy applies to Individuals relating to conduct that that may arise during the course of WSWC’s business, activities and events, including but not limited to, office environment, competitions, practices, training camps, tournaments, travel, and any meetings of WSWC committees or the Board of Directors.
6. This policy applies to conduct that may occur outside of WSWC’s business and events when such conduct adversely affects relationships within WSWC’s work and sport environment and is detrimental to the image and reputation of the WSWC.
7. Conduct arising within the business, activities and events of clubs or other organizations affiliated with WSWC will be dealt with using the policies and mechanisms of such organizations.
Anti-Discrimination and Harassment
8. Harassment is a form of discrimination and WSWC is committed to providing an environment free from harassment on the basis of race, nationality or ethnic origin, religion, age, sex, sexual orientation, marital status, aboriginal status, family status, or disability. Harassment on the basis of any of these grounds is a form of discrimination that is prohibited by human rights legislation throughout Canada.
9. Harassment is offensive, degrading and threatening. In its most extreme forms, harassment can be an offense under Canada’s Criminal Code.
10. Every person who experiences harassment continues to have the right to seek assistance from their provincial or territorial human rights commission, even when steps are being taken under the Discipline and Complaints Policy.
11. All Individuals have a responsibility to maintain and enhance the dignity and self-esteem of WSWC Members and other Individuals by:
a. Demonstrating respect to individuals regardless of body type, athletic ability, gender, ethnic or racial origin, sexual orientation, age, marital status, aboriginal status, religion, political belief, disability or economic status;
b. Focusing comments or criticism appropriately and avoiding public criticism of athletes, coaches, officials, organizers, volunteers, employees and members;
c. Consistently demonstrating the spirit of sportsmanship, sport leadership and ethical conduct and practices;
d. Acting, when appropriate, to prevent or correct practices that are unjustly discriminatory;
e. Consistently treating individuals fairly and reasonably;
f. Ensuring that the rules of towed water sports, and the spirit of such rules, are adhered to.
g. Refrain from any behavior that constitutes harassment, where harassment is defined as comment or conduct directed towards an individual or group, which is offensive, abusive, racist, sexist, degrading or malicious. Types of behavior that constitute harassment include, but are not limited to:
i. Written or verbal abuse, threats or outbursts;
ii. The display of visual material which is offensive or which one ought to know is offensive;
iii. Unwelcome remarks, jokes, comments, innuendos or taunts about a person’s looks, body, attire, age, race, religion, sex or sexual orientation;
iv. Leering or other suggestive or obscene gestures;
v. Condescending or patronizing behavior which is intended to undermine self-esteem, diminish performance or adversely affect working conditions;
vi. Practical jokes which cause awkwardness or embarrassment endanger a person’s safety or negatively affect performance;
vii. Any form of hazing;
viii. Unwanted physical contact including touching, petting, pinching or kissing;
ix. Unwelcome sexual flirtations, advances, requests or invitations;
x. Physical or sexual assault;
12. Behaviors such as those described above that are not directed towards individuals or groups but have the same effect of creating a negative or hostile environment; or
a. Retaliation or threats of retaliation against an individual who reports harassment.
13. Refrain from any behavior that constitutes sexual harassment, where sexual harassment is defined as unwelcome sexual comments, advances or conduct of a sexual nature.
14. Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities.
15. Take reasonable steps to manage the responsible consumption of alcoholic beverages in adult-oriented social situations associated with WSWC events.
16. Abstain from the use of alcohol and tobacco while participating at WSWC athletic events.
17. Respect the property of others and not willfully cause damage.
18. Abstain from the non-medical use of drugs or the use of performance-enhancing drugs or methods.
19. Comply at all times with the Constitution, Bylaws, policies, rules and regulations of the WSWC, as adopted and amended from time to time, including any contracts or agreement executed with WSWC.
20. In addition to paragraph 5 above, Coaches have additional responsibilities. The athlete-coach relationship is a privileged one and plays a critical role in the personal as well as athletic development of their athletes. Coaches must understand and respect the inherent power imbalance that exists in this relationship and must be extremely careful not to abuse it. Coaches will at all times:
a. Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability and fitness level of athletes, including educating athletes as to their responsibilities in contributing to a safe environment;
b. Prepare athletes systematically and progressively, using appropriate time frames and monitoring physical and psychological adjustments while refraining from using training methods or techniques that my harm athletes;
c. Avoid compromising the present and future health of athletes by communicating and cooperating with sport medicine professionals in the diagnosis, treatment and management of athletes’ medical and psychological problems;
d. Under no circumstances provide, promote or condone the use of drugs or performance enhancing substances;
e. Accept and promote athletes’ personal goals and refer athletes to other coaches and sports specialists as appropriate and as opportunities arise;
f. At no time engage in an intimate or sexual relationship with an athlete of under the age of 18 years and at no time engage in an intimate or sexual relation with an athlete over the age of 18 if the coach is in a position of power, trust or authority over the athlete.
g. Where an athlete has qualified for a training camp, provincial team, national team, etc., the Coach will support the program, applicable coaching staff and WSWC.
h. Educate athletes about the dangers of drugs and performance-enhancing substances.
i. Communicate and cooperate with the parents/guardians of athletes who are minors and involve them in decisions pertaining to their child's development.
j. Consider the academic pressures placed on student-athletes and conduct practices and events in a manner that supports academic success.
k. Adhere to the Principles and Ethical Standards outlined in the Coaching Association of Canada Code of Ethics.
21. In addition to paragraph 5 above, Athletes will have additional responsibilities to:
a. Report any medical problems in a timely fashion, where such problems may limit the athlete’s ability to travel, train or compete.
b. Participate and appear on time in all competitions, practices, training sessions, events, activities or projects to which the athlete has made a commitment.
c. Properly represent themselves and not attempt to enter a competition for which they are not eligible, by reason of age, classification or other reasons.
d. Adhere to WSWC’s rules and requirements regarding clothing and equipment.
Parents/Guardians and Spectators
22. In addition to paragraph 5 above, Parents/Guardians of WSWC Members and Spectators at events will:
a. Encourage athletes to play by the rules and to resolve conflicts without resorting to hostility or violence;
b. Never ridicule a participant for making a mistake during a performance or practice;
c. Provide positive comments that motivate and encourage participants continued effort;
d. Respect the decisions and judgments of officials, and encourage athletes to do the same;
e. Never question an official's or WSWC staffs’ judgment or honesty;
f. Respect and show appreciation to all competitors, and to the coaches, officials and other volunteers who give their time to the sport.
g. Keep off of the playing area, do not interfere with play.
Conflict of Interest Policy
Updated: March 2017
Purpose and Application
1. The purpose of this Policy is to describe how Water Ski and Wakeboard Canada (WSWC) Representatives will conduct themselves in matters relating to real or perceived conflicts of interest, and to clarify how WSWC will make decisions in situations where conflicts of interest may exist.
2. This Policy applies to all WSWC Representatives as defined in the Definitions section.
3. The following terms have these meanings in this Policy:
a. “Conflict of Interest” – A situation where an individual, or the entity they represent, has a real, potential or perceived competing interest in, directly or indirectly, with WSWC activities. This competing interest may result in the individual, or entities in which they have an interest, being in a position to benefit from the situation or in WSWC not being able to achieve a result which would be in the best interest of WSWC. A real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties.
b. “Pecuniary Interest” - An interest that an individual may have in a matter because of the reasonable likelihood or expectation of financial gain or loss for that individual, or another person with whom that individual is associated.
c. “Non-Pecuniary Interest” - An interest that an individual may have in a matter which may involve family relationships, friendships, volunteer positions or other interests that do not involve the potential for financial gain or loss.
d. “Perceived Conflict of Interest” – A perception by an informed person that a conflict of interest exists or may exist.
e. “WSWC Representatives”- All individuals employed by WSWC and WSWC directors, committee members, and other volunteers who are decision-makers within WSWC.
4. WSWC is incorporated under the Canada Not-For-Profit Corporations Act (“Act”) and is governed by the Act in matters involving real or perceived conflict between the personal interests of a director or officer (or other individual involved in decision-making or decision-influencing roles) and the broader interest of WSWC.
5. Under the Act, any real or perceived conflict, whether pecuniary or non-pecuniary, between an WSWC Representative’s interest and the interests of WSWC must at all-time be resolved in favour of WSWC.
6. In addition to fulfilling all requirements of the Act, WSWC Representatives will also fulfill the additional requirements of this policy. WSWC Representatives will not:
a. Engage in any business or transaction, or have a financial or other personal interest that is incompatible with their official duties with WSWC, unless such business, transaction or other interest is properly disclosed to WSWC and approved in accordance with this Policy;
b. Knowingly place themselves in a position where they are under obligation to any person who might benefit from special consideration, or who might seek, in any way, preferential treatment;
c. In the performance of their official duties, accord preferential treatment to family members, friends or colleagues, or to organizations in which their family members, friends or colleagues have an interest, financial or otherwise;
d. Derive personal benefit from information that they have acquired during the course of fulfilling their official duties with WSWC, where such information is confidential or is not generally available to the public;
e. Engage in any outside work, activity or business or professional undertaking that conflicts or appears to conflict with their official duties as a representative of WSWC, or in which they have an advantage or appear to have an advantage on the basis of their association with WSWC;
f. Use WSWC property, equipment, supplies or services for activities not associated with the performance of official duties with the WSWC without the permission of WSWC;
g. Place themselves in positions where they could, by virtue of being an WSWC Representative, influence decisions or contracts from which they could derive any direct or indirect benefit or interest; or
h. Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, any special consideration granted by virtue of being an WSWC Representative.
Disclosure of Conflict of Interest
7. All WSWC Representatives will disclose any conflict of interest situation in the following manner:
a. Upon being nominated, elected or recognized, or upon being employed, and on an annual basis thereafter. All WSWC Representatives will complete a written statement disclosing any real or perceived conflict of interest that they might have, according to Appendix 1;
b. Also, at any time a WSWC Representative becomes aware that she/he might be in a position of real or perceived conflict of interest, she/he will disclose this conflict to the Board of Directors by writing and submitting a statement, according to Appendix 1;
c. Any person who is in the view that an WSWC Representative may be in position of a real or perceived conflict of interest, may report this matter to the Board of Directors by writing and submitting a statement, according to Appendix 1.
Resolving Conflicts in Designated Positions
8. Following the disclosure of any real or perceived conflict of interest which questions the ability of a WSWC Representative to fulfil his/her duties fairly, the Board of Directors will make final determination as to the course of action, in compliance with the WSWC’s best interests, and with this policy provided the WSWC Representative is provided an opportunity to make submissions to the Board of Directors.
Resolving Conflicts in Decision-making
9. Decisions or transactions that involve a real or perceived conflict of interest that have been disclosed by a WSWC Representative may be considered and decided upon by WSWC provided that:
a. The nature and extent of the WSWC Representative’s interest has been fully disclosed to the body that is considering or making the decision, and this disclosure is recorded in the minutes;
b. The WSWC Representative does not participate in discussion on the matter giving rise to the conflict of interest;
c. The WSWC Representative abstains from voting on the proposed decision or transaction;
d. The WSWC Representative is not included in the determination of quorum for the proposed decision or transaction; and
e. The decision or transaction is in the best interests of WSWC.
Conflicts Involving Employees
10. WSWC will not restrict employees from accepting other employment, contracts or volunteer appointments during the term of their employment with WSWC, provided that the employment, contract or volunteer appointment does not diminish the employee’s ability to perform the work contemplated in their employment agreement with WSWC. Any determination as to whether there is a conflict of interest will rest solely with WSWC, and where a conflict of interest is deemed to exist, the employee will resolve the conflict by ceasing the activity giving rise to the conflict or terminating their employment with WSWC.
Conflict of Interest Complaints
11. Any person who believes that a Representative may be in a conflict of interest situation who has not disclosed the conflict, should report the matter, in writing (or verbally if during a meeting of the Board or any committee), to the Board of Directors who will decide appropriate measures to eliminate the conflict. The Board may apply the following actions singly or in combination for real or perceived conflicts of interest:
a) Removal or temporary suspension of certain responsibilities or decision-making authority
b) Removal or temporary suspension from a designated position
c) Removal or temporary suspension from certain teams, events and/or activities
d) Expulsion from WSWC
e) Other actions as may be considered appropriate for the real or perceived conflict of interest
12. Any person who believes that a Representative has made a decision that was influenced by real or perceived conflict of interest may submit a complaint, in writing, to WSWC to be addressed under the WSWC Discipline and Complaints Policy.
13. Failure to comply with an action as determined by the Board will result in automatic suspension from WSWC until compliance occurs.
14. The Board may determine that an alleged real or perceived conflict of interest is of such seriousness as to warrant suspension of designated activities pending a meeting and a decision of the Board.
15. Failure to adhere to this Policy may give rise to discipline in accordance with WSWC’s Discipline and Complaints Policy.
Decision Final and Binding
16. The decision of the Board of Directors will be binding on the parties subject to the right of any Party to seek a review of the decision pursuant to WSWC’s Appeal Policy.
17. No action or legal proceeding will be commenced against the WSWC or its members in respect of a dispute, unless the WSWC has refused or failed to abide by the provisions for appeal as set out in this policy.
Discipline and Complaints Policy
Updated: March 2017
1. WSWC is committed to providing an environment in which all WSWC Members are treated with respect and characterized by the value of fairness, integrity and open communication. Membership in the WSWC, as well as participation in its activities, brings with it many benefits and privileges. At the same time, members and participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the policies, bylaws, rules and regulations and Code of Conduct and Ethics of the WSWC.
2. Irresponsible behavior by WSWC members can result in severe damage to the integrity of WSWC. Conduct that violates these values may be subject to sanctions pursuant to this policy. Since sanctions may be applied, it is only fair to provide WSWC Members a mechanism so complaints and discipline is dealt with fairly, expeditiously and affordably.
3. The following terms have these meanings in this Policy:
“WSWC Delegate” – A person in a responsible WSWC volunteer position, of the age of majority, or staff position withinWSWC.
“WSWC Member”- All categories of membership within WSWC, as well as all individuals employed by or engaged in activities with WSWC, including but not limited to, athletes, coaches, officials, volunteers, directors, officers, team managers, medical personnel, administrators, spectators, parents of WSWC members and employees.
Application of this Policy
4. This Policy applies to all WSWC Members as defined in the Definitions.
5. This Policy only applies to discipline matters that may arise during the course of WSWC business, activities and events, including but not limited to, competitions, practices, training camps, travel associated with WSWC activities, and any meetings.
6. Discipline matters and complaints arising within the business, activities or events organized by entities other than the WSWC will be dealt with pursuant to the policies of these other entities.
Reporting a Complaint
7. Any WSWC Member may report to the WSWC head office any complaint. Such complaint must be signed and in writing, and must be filed within fourteen (14) days of the alleged incident. Anonymous complaints may be accepted upon the sole discretion of WSWC.
8. A complainant wishing to file a complaint beyond the fourteen (14) days must provide a written statement giving reasons for an exemption to this limitation. The decision to accept, or not accept, the notice of complaint outside the fourteen (14) day period will be at the sole discretion of the WSWC CEO, or designate. This decision may not be appealed.
9. The CEO, or designate, will determine whether the complaint is frivolous or vexatious. If the CEO, or designate, determines the complaint is frivolous or vexatious, the complaint will be dismissed immediately. If a complaint is determined by the CEO, or designate, to be legitimate, the complaint will be designated as a minor infraction or a major infraction and dealt with according to the appropriate sections of this Policy. It will be at the sole discretion of the CEO, or designate, to determine whether a complaint is to be dealt with as a major or minor infraction. This decision is not appealable.
10. If the incident is to be dealt with as a minor infraction, the CEO, or designate, will inform the parties, and the matter will be dealt with according to the section relating to minor infractions.
11. If the incident is to be dealt with as a major infraction and if the CEO, or designate, will inform the parties, and the matter will be dealt with according to the section relating to major infractions.
12. This Policy does not prevent an appropriate person having authority from taking immediate, informal or corrective action in response to behavior that constitutes either a minor or major infraction provided that the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident. Further sanctions may be applied in accordance with the procedures set out in this Policy.
13. Examples of minor infractions include, but are not limited to, a single incident of:
a. Disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards others;
b. Conduct contrary to the ideals of respect such as angry outbursts or argument;
c. Being late for or absent from WSWC events and activities at which attendance is expected or required; and
d. Non-compliance with the policies, procedures, rules and regulations under which WSWC is governed.
14. All disciplinary situations involving minor infractions occurring within the jurisdiction of WSWC will be dealt with by the appropriate person having authority over the situation and the individual involved (the person in authority may include, but is not restricted to, coach, team manager, team leader, WSWC staff).
15. Procedures for dealing with minor infractions will be informal as compared to those for major infractions and will be determined at the discretion of the person responsible for discipline of such infractions (as noted above in point 14). This is provided that the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident.
16. Sanctions for minor infractions, which may be applied singly or in combination, include the following:
a. Verbal or written reprimand which may be placed in the individual’s file;
b. Verbal or written apology;
c. Service or other voluntary contribution to WSWC;
d. Suspension from the current activity or event; or
e. Any other sanction considered appropriate for the offense.
17. Minor infractions that result in discipline will be recorded and maintained by the WSWC. Repeat minor infractions may result in further such incident being considered a major infraction.
18. Major infractions are instances of misconduct that result, or have the potential to result, in harm to other persons or to WSWC.
19. Examples of major infractions include, but are not limited to:
a. Repeated incidents of disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards others;
b. Repeated conduct contrary to the ideals of respect such as angry outbursts or argument;
c. Repeated incidents of being late for or absent from WSWC events and activities at which attendance is expected or required;
d. Activities or behavior which interferes with a competition or with any athlete’s preparation for competition;
e. Incidents of physical abuse;
f. Pranks, jokes or other activities that endanger the safety of others;
g. Disregard for the policies, procedures, rules and regulations under which WSWC events are conducted;
h. Conduct which results in harm to the image, credibility or reputation of WSWC and/or its’ sponsors;
i. Abusive use of alcohol where abuse means a level of consumption that impairs the individual's ability to speak, walk or drive; causes the individual to behave in a disruptive manner; or interferes with the individual's ability to perform effectively and safely;
j. Any use of alcohol by minors;
k. Any use of illicit drugs and narcotics; or
l. Any use of banned performance enhancing drugs or methods.
Note: The definition of “repeated” will depend on the severity of the infraction and frequency of offences within a given time to be determined by the WSWC at its sole discretion.
20. Major infractions occurring within competition may be dealt with immediately, if necessary, by a WSWC Delegate in a position of authority, provided the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident. In such situations, disciplinary sanctions will be for the duration of the competition only. Further sanctions may be applied but only after review of the matter in accordance with the procedures set out in this Policy.
21. This review does not replace the appeal provisions of this Policy.
Discipline Panel and Hearing
22. After notifying the respondent of a complaint of a major infraction, the CEO, or designate, at their sole discretion, will appoint a Discipline Panel (“Panel”) of 1-3 individuals to hear the complaint. The members of the Panel will select from themselves a Chairperson.
23. Members of the Panel will have had no involvement with the alleged infraction; and will be free from any other material bias or conflict of interest.
24. Having regard to the nature of the discipline matter and the potential consequences of any resulting sanctions, the Panel will decide to conduct the hearing by way of review of documentary evidence or by way of oral hearing. If the Panel decides to conduct an oral hearing, it may decide to do so in person or by means of telephone conference.
25. The Panel may determine that the circumstances of the complaint warrant a preliminary meeting. The Panel may delegate to one of its members the authority to deal with preliminary matters, which may include but are not limited to:
a. Format (hearing by documentary evidence, oral hearing or a combination of both);
b. Date and location of the hearing;
c. Timelines for the exchange of documents;
d. Clarification of issues in dispute;
e. Any procedural matters including order and procedure of the hearing;
f. Remedies sought;
g. Evidence to be brought before the hearing;
h. Identification of any witnesses; or
i. Any other procedural matter that may assist in expediting the hearing.
26. Where the Panel has determined that the appeal will be held by way of documentary submissions, the Panel will govern the hearing fairly and as it sees fit, provided that:
a. All parties are given a reasonable opportunity to provide written submissions to the Panel, to review written submissions of the other parties, and to provide written rebuttal and argument; and
b. The applicable principles and timelines set out by the Panel are respected.
27. Where the Panel has determined that the complaint will be held by way of oral hearing, it will do so by teleconference or in-person. The Panel will govern the hearing fairly and as it sees fit, provided that:
a. The affected parties will be given reasonable notice of the day, time and place of the hearing;
b. The affected parties will be provided copies of all evidence to be relied upon;
c. Decisions will be by majority vote where the Chairperson carries a vote;
d. Panel members will refrain from communicating with the parties except in the presence of, or copy to, the other parties;
e. The parties may be accompanied by a representative;
f. The individual being disciplined will have the right to present evidence and argument;
g. Any party potentially affected by the matter may be made party to the hearing by the Panel;
h. The Panel may request that any witness be present at the hearing or submit written evidence in advance of the hearing;
i. If the individual being disciplined chooses not to participate in the hearing, the hearing will nonetheless proceed;
j. The hearing will be held in private;
k. Each party will bear their own costs;
l. Once appointed, the Panel will have the authority to abridge or extend timelines associated with any aspect of the hearing.
28. After hearing the matter, the Panel will determine whether or not the individual will be sanctioned, and if so, will determine the appropriate penalty to be imposed and any measures to mitigate the harm suffered by others as a result. The Panel's written decision, with reasons, will be distributed to all parties, the Board Chair, or designate, and WSWC.
29. Where the individual acknowledges the facts of the incident, he or she may waive the hearing, in which case the Panel will determine the appropriate disciplinary sanction. The Panel may hold a hearing for the purpose of determining an appropriate sanction.
30. If the individual being disciplined chooses not to participate in the hearing, the hearing may proceed in any event.
31. The Panel may apply the following disciplinary sanctions singly or in combination, for major infractions:
a. Written reprimand to be placed in the individual’s file;
b. Written apology;
c. Removal of certain privileges of membership;
d. Suspension from certain WSWC teams, events and/or activities;
e. Payment of a financial fine in an amount to be determined by the Panel;
f. Suspension from all WSWC activities for a designated period of time;
g. Suspension of WSWC funding;
h. Expulsion from membership;
i. Publication of the Panel’s decision;
j. Other sanctions as may be considered appropriate for the offense.
32. Unless the Panel decides otherwise, any disciplinary sanctions will commence immediately. Failure to comply with a sanction as determined by the Panel will result in automatic suspension of membership in WSWC until such time as compliance occurs.
33. In applying sanctions, the Panel may have regard to the following aggravating or mitigating circumstances:
a. The nature and severity of the incident;
b. Whether the incident is a first offense or has occurred repeatedly;
c. The individual's acknowledgment of responsibility,
d. The individual's remorse and post-infraction conduct;
e. The age, maturity or experience of the individual;
f. Whether the individual retaliated; and
g. The individual's prospects for rehabilitation.
34. A written record will be maintained by WSWC at their head office for major infractions that result in a sanction.
35. The CEO, or designate, and the Chairman of the Board, or designate may determine that an alleged incident is of such seriousness as to warrant suspension of the individual pending a hearing and a decision of the Panel.
36. Where it is brought to the attention of the CEO, or designate, that a WSWC Member has been charged with an offence under the Criminal Code, or has previously been convicted of a criminal offence, the CEO, or designate, may suspend the WSWC Representative pending further investigation, a hearing or a decision of the Panel.
37. Notwithstanding the procedures set out in this Policy, any WSWC Member who is convicted of a criminaloffense involving sexual exploitation, invitation to sexual touching, sexual interference, sexual assault oraggravated assault will face automatic suspension from participating in any activities of the WSWC for a periodof time corresponding to the length of the criminal sentence imposed by the court, and may face further disciplinary action by the WSWC in accordance with this Policy and other applicable WSWC policy.
38. If the circumstances of the complaint are such that this policy will not allow a timely conclusion, or if the circumstances of the complaint are such the complaint cannot be concluded within the timelines dictated in this policy, the Panel may direct that these timelines be revised.
39. The discipline and complaints process is confidential involving only the parties, the CEO, or designate and case manager, if any. 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.
40. The decision of the Panel may be appealed in accordance with the WSWC’s Appeal Policy.