Gymnastics Canada Definitions
Definitions (Board Approved Dec 4, 2022)
The terms defined below shall apply to all Gymnastics Canada policies, unless otherwise stated therein.
- “Affected Party” – Any Individual or entity, as determined by the Case Manager, who may be affected by a decision rendered under the Appeal Policy and who may have recourse to an appeal in their own right under the Appeal Policy
- “Appellant” – The Party appealing a decision pursuant to the Appeal Policy
- “Appeal Manager” – An independent individual appointed by Gymnastics Canada, who need not be registered with or affiliated with Gymnastics Canada, to administer the Appeal Policy. The Appeal Manager must not be in a conflict of interest or have any direct relationship with the Parties
- “Appeal Panel“ – the panel constituted to hear and decide appeals under the Appeal Policy
- “Athlete” – An individual who is an Athlete participant in Gymnastics Canada who is subject to the policies of Gymnastics Canada
- “Athlete Support Personnel” – Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other person working with, treating or assisting an Athlete participating in or preparing for sports competition
- “Board” – The Board of Directors of Gymnastics Canada or a Member, as applicable
- “Bullying” – Offensive behaviour and/or abusive treatment of an Individual that typically, but not always, involves an abuse of power
- “CCES” – Canadian Centre for Ethics in Sport
- “Clubs” – those clubs registered with Gymnastics Canada’s Members
- “Complainant” – An Individual who makes a report of an incident, or a suspected incident, of alleged Maltreatment, Prohibited Behaviour or other misconduct that may be a violation of the standards described in Gymnastics Canada’s policies, by-laws, rules or regulations, or the UCCMS
- “Days” – Calendar days1
- “Director of Sanctions and Outcomes” – The individual(s) responsible for overseeing the imposition of Provisional Measures, agreed outcomes, Sanctions and appearing before the Safeguarding Tribunal or the Appeal Tribunal in cases arising from a potential breach of the UCCMS (or other conduct rules, as applicable) within the jurisdiction of the OSIC
- “Discrimination” – As defined in the UCCMS and as amended from time to time by the SDRCC.
- “Event” – An event sanctioned by Gymnastics Canada or a Member, and which may include a social Event
- “External Discipline Panel” – A panel of one or three people who are appointed by the Independent Third Party to decide on complaints that are assessed under Process #2 of the Discipline and Complaints Policy
- “Harassment” – A course of vexatious comment or conduct against an Individual or group, which is known or ought reasonably to be known to be unwelcome
- “Independent Third Party” – The individual retained by Gymnastics Canada to receive Reports and complaints and to fulfill the responsibilities outlined in the Discipline and Complaints Policy, and Appeal Policy, as applicable. This individual must not be in a real or perceived conflict of interest or have a direct relationship with any of the Parties
- “Internal Discipline Chair” – An individual appointed by Gymnastics Canada to decide on complaints that are assessed under Process #1 of the Discipline and Complaints Policy. The Internal Discipline Chair may be a director, head coach, staff member, or other individual affiliated with Gymnastics Canada but must not be in a conflict of interest or have a direct relationship with any of the Parties.
- “Maltreatment” – As defined in the UCCMS and as amended from time to time by the SDRCC.
- “Member” – A Member as defined by the Gymnastics Canada By-laws.
- “Minor” – As defined in the UCCMS and as amended from time to time by the SDRCC
- “OSIC” – The Office of the Sport Integrity Commissioner, an independent division of the SDRCC, which comprises the functions of the Sport Integrity Commissioner
- “Individual” – Refers to all Registered Participants, as well as all people employed by, contracted by, or engaged in activities with Gymnastics Canada including but not limited to, employees (full- time, part-time (permanent, temporary, or fixed-term)); all consultants, contractors, and other service providers who may provide services to Gymnastics Canada; Athletes, coaches and coach developers, instructors, officials, volunteers, managers, integrated support team members, technical observers, administrators, committee members, parents or guardians, spectators, directors or officers
- “Party” (or “Parties”) – The individuals involved in a dispute
- “Person in Authority” – Any Participant who holds a position of authority within Gymnastics Canada including, but not limited to, coaches, instructors, officials, managers, support personnel, chaperones, committee members, or directors or officers
- “Physical Maltreatment” – As defined in the UCCMS and as amended from time to time by the SDRCC
- “Power Imbalance” – As defined in the UCCMS and as amended from time to time by the SDRCC
- “Prohibited Behaviour” – As defined in the UCCMS and as amended from time to time by the SDRCC
- “Provisional Suspension” – Means that the Individual is barred temporarily from participating in in any capacity in any Event or activity of Gymnastics Canada and its Members, as applicable, or as otherwise decided pursuant to the Discipline and Complaint Policy, prior to the decision rendered in a hearing conducted pursuant to the Discipline and Complaints Policy
- “Reporting” (or “Report”/“Reported”) – As defined in the UCCMS and as amended from time to time by the SDRCC
- “Respondent” – The Party responding to a complaint or investigation; or, in the case of an appeal, the body or organization whose decision is being appealed, or the Individual that was the subject of a decision that is being appealed.2
- “Sexual Maltreatment” – As defined in the UCCMS and as amended from time to time by the SDRCC
- “SDRCC” – The Sport Dispute Resolution Centre of Canada.
- “UCCMS” – The Universal Code of Conduct to Prevent and Address Maltreatment in Sport, as amended from time to time by the SDRCC
- “UCCMS Participant” – An Individual affiliated with Gymnastics Canada who has been designated by Gymnastics Canada as a UCCMS Participant and who has signed the required consent form. For Gymnastics Canada, UCCMS Participants include Gymnastics Canada board members, employees, committee volunteers, national team coaches and staff, technical officials, national Athletes (including national competition competitors), Event volunteers, contractors, integrated support team and medical personnel
- “Vulnerable Participant” – As defined in the UCCMS and as amended from time to time by the SDRCC
- “Workplace” – Any place where business or work-related activities are conducted. Workplaces include but are not limited to Gymnastics Canada registered office(s), work-related social functions, work assignments outside the registered office(s), work-related travel, the training and competition environment, and work-related conferences or training sessions.
- “Workplace Harassment” – A course of vexatious comment or conduct against a Participant in a Workplace that is known or ought reasonably to be known to be unwelcome. Workplace Harassment should not be confused with legitimate, reasonable management actions that are part of the normal work/training function, including measures to correct performance deficiencies, such as placing someone on a performance improvement plan, or imposing discipline for workplace infractions
- “Workplace Violence” – The use of or threat of physical force by a person against a worker in a Workplace that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker in a Workplace that could cause physical injury to the worker; or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker in a Workplace that could cause physical injury to the worker.
- For the purpose of calculating deadlines, the following shall apply: the day of the act is not included in the calculation (i.e., the date of receipt of a decision is not Day 1); instead, the deadline would start on the day following receipt of the decision and would expire at midnight (in the location of the individual seeking to file an appeal) on the last day of the period. If the end date is a Saturday, a Sunday, or a legal holiday, the period runs until the next day that is not a Saturday, a Sunday, or a legal holiday. For example, if an Individual receives a decision on Thursday December 17, 2020, the 14-day deadline to appeal this decision starts on Friday December 18, 2020 and would expire on Friday January 1, 2021. However, since January 1, 2021 is a legal holiday, January 2, 2021 is a Saturday, and January 3, 2021 is a Sunday, the deadline to appeal would expire at midnight (in the location of the individual seeking to file an appeal) on January 4, 2021. ↩︎
- For clarity, in the case of an appeal from a decision of an Internal Discipline Chair or an External Discipline Panel struck under the Discipline and Complaints Policy, the Respondent will be Taekwondo Canada, and not the member or members comprising the Internal Discipline Chair or an External Discipline Panel. ↩︎