Preface:

Swimming/Natation Canada ("SNC") is committed to providing opportunities for every individual in the sport of swimming to reach his or her maximum potential in fitness and excellence.

In keeping with the spirit of this commitment, SNC does not tolerate any form of harassment and undertakes to protect all members regardless of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, disability, age, marital status, family status or record of offence, from harassment by other members, officers of SNC, officials, organizers, coaches, club mates, those associated with swimming from within or outside its membership, and any other member of SNC with whom they may have contact.

This policy is directed towards the protection of members from harassment which may occur:

- during the course of business or events of or sanctioned by SNC or by a Provincial Section, or within a club, which is a member of or affiliated with, SNC; or

- outside of such business, events, or clubs where there may be repercussions in the work or club environment adversely affecting the members' swimming relationships.

"Member(s)" includes swimmers and clubs registered with SNC, CSCTA (coaches), officers, Board Members, Executive Committee, Committee members, of SNC, Provincial Sections and clubs, Chief Executive Officer and staff of SNC, and Executive Directors and Technical Directors and staff of Provincial Sections.

Definition of Harassment

Harassment takes many forms but can generally be defined as behaviour including comments and/or conduct which is insulting, intimidating, humiliating, hurtful, malicious, degrading or otherwise offensive to an individual, or groups of individuals or which creates an uncomfortable environment. While this policy applies to all members of SNC and to any form of harassment, specifically prohibited is harassment on the following grounds: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, disability, age, marital/family status or record of offence.

Harassment may include:
- written or verbal abuse or threats; sexually oriented comments; racial or ethnic slurs;

- unwelcome remarks, jokes, innuendoes, or taunting about a person's body, attire, age, marital status, ethnic or racial origin, religion;

- displaying of sexually explicit, racist or other offensive or derogatory material; casual, racist, ethnic or religious references;

- practical jokes which cause awkwardness or embarrassment, endanger a person's safety, or negatively affect performance;

- unwelcome sexual remarks, invitations or requests whether indirect or explicit, or intimidating

- leering (suggestive staring), or obscene or offensive gestures;

- condescension, paternalism or patronizing behaviour which undermines self-respect or adversely affects performance or working conditions;

- physical conduct such as touching, kissing, patting, pinching;

- vandalism; or

- physical assault.

Reprisal

As part of an individual's right to freedom from harassment, SNC members are protected from reprisal or the threat of reprisal. Reprisal may include situations in which a member is:

1. denied or threatened with denial of promotion, advancement, training or other related opportunities or benefits (e.g. team selection);

2. disciplined or threatened with disciplinary action; or

3. dismissal or threatened with dismissal,

on the sole basis of:

- rejecting the sexual advances of a person in authority who could, or who could be perceived to, have influence over swimming or work related decisions affecting the member; or

- having made a complaint of harassment.

• Reprisal may also include situations involving co-member(s) who, because the member has made a complaint of harassment, continue or escalate the harassment, ostracize or isolate the member, and/or engage in any behaviour with the intent to intimidate, threaten, humiliate, hurt or adversely affect the performance or working conditions of the member.

Procedure

- forms of harassment.

- SNC is committed to creating and maintaining a supportive sport environment free of all Board/committee members, executive committee members, staff, coaches and managers of SNC, Provincial Sections and clubs are responsible for preventing and discouraging harassment by:

• Understanding and upholding the principles of this policy;
• Not engaging in behaviour contrary to this policy;
• Ensuring that all members are treated fairly and equitably;
• Communicating SNC's object to create and maintain an harassment-free sport;
• Not allowing or condoning behaviour contrary to this policy; and
• Taking all complaints of harassment seriously by investigating complaints in a thorough and sensitive manner and taking prompt action to resolve the situation in accordance with procedures outlined:

Any person who has authority to prevent or discourage harassment will be held responsible for failing to exercise this authority.

All members of SNC have a responsibility not to harass any other member. Members who experience harassment are encouraged to make it known to the harasser that the behaviour is offensive and/or to report the incident(s) in accordance with complaint procedures. Members who witness harassment or who become aware that a member is being harassed are encouraged to report the incident in accordance with the complaint procedures:

Complaint Procedures

Members who experience harassment are encouraged to make it known to the harasser that the behaviour is offensive and contrary to SNC policy. If confronting the harasser is not possible or if after confronting the harasser the harassment continues, the member should report the incident(s) to an individual at the appropriate level. It is expected that the matter will be dealt with at the level at which the incident occurred (for example: a club level incident, by the club, a Provincial level incident, by the Provincial Section and a National level incident, by SNC).

If this avenue is either unavailable or inappropriate, complaints may be made directly to:

• At the SNC level: a harassment officer, the President of SNC, the Chief Executive Officer, any member of the SNC Executive Committee, any member of the SNC Board of Directors, any chair of any SNC committee, any SNC coach, manager or staff member; who in turn will direct the complainant to a National appointed harassment officer;

• At the Provincial lever: a harassment officer, the President of the Provincial Section, the Executive Director, any member of the Provincial Section Executive Committee, any member of the Provincial Section Board; a provincial section coach with membership in CSCTA; who will direct the complainant to a Provincial, or National harassment officer; or

• At the club level: a club-appointed harassment officer, the club President or any member of the club Executive Committee; a club coach with membership in CSCTA who will direct the complainant to a club-appointed harassment officer, Provincial or National harassment officer.

The complainant may choose to bring the complaint to the level of their preference. Members are encouraged to report incidents of harassment.

Members who bring the incident(s) to the attention of SNC will receive the full support of SNC. Complaints will be addressed in a sensitive, responsible and timely manner, ensuring confidentiality. SNC expects Provincial Sections and member clubs to react in the same way. Members who experience harassment because of their sex, race, religion, ethnicity, place of origin, disability, age, sexual orientation or family status in most if not all Provinces are specifically protected under their respective Provincial Human Rights Code and have the right to file their complaint with their respective Provincial Human Rights Commission.

Complaint Investigation and Resolution

The above complaint procedure sets out a number of avenues for reporting incidents of harassment. Once a complaint is reported, immediate action must be taken as follows:

• The complainant must make first contact as outlined above;
• The person receiving the first contact will outline avenues open to the complainant and direct the complainant to a harassment officer at the appropriate level;
• The harassment officer will initiate an investigative process using "The Harassment Investigative Procedures" as outlined in the "Harassment Investigative Skills Manual";
• The harassment officer will inform the complainant of the procedure to be followed and discuss and agree to extent of confidentiality;
• The complaint must be documented and immediately forwarded to the harassment officer. Forms can be provided for such purpose.
• Where appropriate, the harassment officer must immediately appoint a tribunal to investigate the incident(s). This will require notification and consultation, on the composition of the tribunal, with persons at the appropriate levels, i.e. club or section presidents, chairperson of SNC or Chief Executive Officer. This will be done in confidence without divulging the complete nature of the complaint or the identity of the complainant.
• The documented complaint will be immediately forwarded to the chair of the tribunal;
• The harassment office and the SNC person at the appropriate level (Chief Executive Officer, SNC president, club or section president) must ensure that an investigation is initiated.
• Where possible, the harassment officer at the appropriate level shall serve as chair of the tribunal and guide the investigation process.

All complaints of harassment must be investigated by the appointed tribunal to determine the nature and circumstances of the incident(s) and to determine appropriate resolution. Resolution of a complaint of harassment, where there is a finding of harassment, may result in admonishment, reprimand, suspension for a period of time, suspension from SNC, Provincial Section or club activities (at the appropriate level), suspension from participation in or attendance at competition or competitions, and suspension for life, (but not in a fine or monetary penalty) as may be determined by the tribunal; provided, however, that any suspension from any competition or any suspension from membership shall be only with the approval of the SNC Executive Committee and in accordance with SNC By-law No. 2: A By-law Respecting the Suspension of Members.

Further information regarding harassment issues may be obtained from the following:

Ontario Human Rights Commission	www.ohrc.on.ca
Ontario Women's Directorate	www.gov.on.ca/owd/
Ontario University Athletics	www.oua.org
Canada Centre for Ethics in Sports	www.cces.ca
Harassment & Abuse in Sport	www.harassmentinsport.com