KOOTENAY SWIM CLUB

Discipline and Complaints Policy

1. Purpose

KSC Participants are expected to comply with Club policies, bylaws, rules and applicable Swim BC and Swimming Canada requirements. This Policy provides a fair process for receiving, assessing and resolving complaints and imposing sanctions where warranted.

2. Definitions

Complainant – a person who reports an alleged incident or policy breach.

Respondent – the person whose conduct is the subject of the complaint.

Case Manager – an impartial person appointed to administer a complaint and determine the appropriate process.

Internal Discipline Chair – an impartial person appointed to decide lower-level matters under Process 1.

External Discipline Panel – an independent person or panel appointed to decide serious matters under Process 2.

Parties – the Complainant and Respondent and, where appropriate, their representatives.

Minor – a person under 19 years of age in British Columbia.

3. Scope

• This Policy applies to all Participants and to conduct occurring during KSC business, practices, meets, camps, travel, meetings, online activity connected to the Club and other Club events.
• It may also apply to outside conduct that has a serious detrimental impact on KSC Participants, the Club environment or the Club’s reputation.
• Competition-specific rule infractions may first be handled under the procedures applicable to that competition. Further discipline may still be considered under this Policy.
• Employment matters may also be subject to an employment agreement or human-resources process.

4. Jurisdiction and Referral to Swim BC

KSC will normally manage complaints within its jurisdiction. The Club may request that Swim BC assume jurisdiction where appropriate, including where KSC has a material conflict of interest, lacks sufficient capacity, or the seriousness or provincial scope of the matter makes Swim BC involvement appropriate. Any costs charged by Swim BC for assuming a Club matter may be borne by KSC in accordance with Swim BC requirements.

5. Minors

• A complaint may be brought by or against a Minor.
• A Minor must have a parent/guardian or other appropriate adult representative during the complaint process.
• Formal communications should be directed to the Minor’s representative.
• A Minor will not be required to attend an oral hearing unless appropriate and agreed with the representative.

6. Reporting a Complaint

Any person may submit a complaint to the KSC President, another Board member designated by the Board, or a Case Manager identified by KSC. Complaints should ordinarily be in writing and include the names of the persons involved, a description of the conduct, relevant dates/locations, supporting information and the requested outcome if known. KSC may accept an oral complaint where circumstances warrant.

The Board may initiate a complaint on behalf of KSC where the Club becomes aware of conduct that may threaten safety, integrity or compliance.

7. Immediate and Interim Measures

Where reasonably necessary to protect Participants, preserve the integrity of a process or address urgent safety concerns, KSC may impose interim measures before a final decision. Examples include temporary removal from a practice or trip, modified supervision, no-contact directions, temporary suspension of duties or other proportionate restrictions. Interim measures are not a finding of misconduct.

8. Case Manager Responsibilities

• Confirm jurisdiction and determine whether KSC or another organization should manage the matter.
• Dismiss a complaint that is clearly outside the scope of this Policy, frivolous, vexatious or made in bad faith.
• Consider whether Alternative Dispute Resolution is appropriate.
• Determine whether an investigation is required.
• Select Process 1 or Process 2 based on seriousness, repetition, complexity, safety risk and potential sanction.
• Set reasonable timelines and ensure procedural fairness.

9. Process 1 – Lower-Level or Minor Incidents

Process 1 will normally be used for lower-level matters such as isolated disrespectful conduct, minor policy breaches, minor incidents of inappropriate physical conduct, failure to follow reasonable Club directions or other behaviour that can fairly be resolved through a simplified process.

• The Case Manager appoints an Internal Discipline Chair who has no material conflict of interest.
• The Chair may request written submissions, speak with the Parties, hold an informal meeting or recommend mediation.
• The Chair decides whether a breach occurred on a balance of probabilities and may impose an appropriate sanction.
• The Parties will receive a written or otherwise documented decision with reasons proportionate to the matter.

10. Process 2 – Serious, Repeated or Complex Incidents

Process 2 will normally be used for serious or repeated misconduct, including allegations of harassment, discrimination, hazing, abuse, sexual misconduct, significant violence, retaliation, major safety violations, serious financial misconduct or major/repeated breaches of KSC policy.

• The Case Manager may arrange an independent investigation where necessary.
• If the matter is not resolved through ADR, the Case Manager appoints an independent External Discipline Panel, normally one person and, in exceptional cases, three persons.
• The Case Manager and Panel determine a fair hearing format, which may be based on documents, videoconference, telephone, in-person hearing or a combination.
• Each Party must receive reasonable notice of the allegations and a fair opportunity to provide relevant information and respond.
• The Panel decides whether a breach occurred on a balance of probabilities and issues a written decision.

11. Investigation

• An investigator must be impartial and appropriately qualified for the nature of the complaint.
• The investigation may include interviews, review of documents, electronic communications, photographs, video or other relevant information.
• Participants must cooperate reasonably and must not obstruct the investigation.
• The investigator should make reasonable efforts to protect privacy while recognizing that complete anonymity may not be possible.
• Maliciously false allegations or retaliation may themselves be subject to discipline. A complaint that is not substantiated is not, by itself, a false allegation.

12. Sanctions

Sanctions will be proportionate to the seriousness and circumstances of the breach. They may include one or more of the following:

• verbal or written warning;
• education, training, apology or other remedial measures;
• probation or behavioural conditions;
• loss or restriction of privileges;
• no-contact or supervision conditions;
• removal from an activity, team travel or volunteer role;
• suspension for a defined period or until specified conditions are met;
• eligibility or participation restrictions;
• termination of membership, volunteer appointment or other Club role, subject to the Club’s bylaws and applicable law;
• permanent ineligibility from KSC activities where warranted; and
• other reasonable corrective or protective measures.

Sexual maltreatment involving a Minor, serious physical maltreatment and serious interference with a complaint process are considered among the most serious forms of misconduct and may warrant lengthy or permanent restrictions. Criminal matters may also be referred to law enforcement.

13. Decision and Records

KSC will maintain confidential records of complaints, decisions and sanctions as appropriate. Information may be shared with Swim BC, Swimming Canada, other sport organizations or authorities where required by policy, law, safety obligations or sanction reciprocation.

14. Confidentiality

Complaint information will be shared only as reasonably necessary to administer the process, protect Participants, implement a decision, meet legal obligations or comply with governing sport requirements. Parties are expected to respect the privacy and integrity of the process.

15. Retaliation

Retaliation, reprisal, intimidation or threats against a person who reports a concern, provides evidence or participates in a process are prohibited and may result in discipline.

16. Appeals

Decisions eligible for appeal may be appealed only in accordance with the KSC Appeals Policy. An appeal does not automatically stay a sanction unless the Appeal Manager or Panel orders otherwise.