Discipline and Complaints Policy

(the “Policy”)

Purpose

1. Individuals are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with all policies, by-laws, rules, and regulations of Gymnastics Canada and its Members, as updated and amended from time to time.

2. Any failure to respect the above-mentioned responsibilities and/or obligations, or any non-compliance with any of Gymnastics Canada’s policies, by-laws, rules, or regulations, or those of its Members, as applicable, may result in the imposition of sanctions pursuant to this Policy including, without limitation,  immediate discipline, interim measures or a Provisional Suspension. 

Application

Application – General 

3. This Policy applies to all Individuals and to any alleged breaches of Gymnastics Canada’s policies, by-laws, rules or regulations, or any of those of its Members, that designate this Policy as applicable to address such alleged breaches. 

4. In addition to being subject to disciplinary action pursuant to this Policy, an employee of Gymnastics Canada who is a Respondent to a complaint may also be subject to additional consequences in accordance with the employee’s employment agreement or Gymnastics Canada’s human resources policies, if applicable. 

Reporting

Abuse-Free Sport Participants

5. Any incident that involves alleged Maltreatment or Prohibited Behaviour (as defined in the UCCMS) involving an Abuse-Free Sport Participant must be reported to the OSIC [Home –  Abuse Free Sport (abuse-free-sport.ca) and will be addressed pursuant to the OSIC’s policies and procedures. 

6. Notwithstanding the requirement in Section 5, the OSIC shall determine the admissibility of complaints  related  to  any  incidents  that  involve  alleged  Maltreatment  or  Prohibited Behaviour that occurred prior to December 19, 2022 in accordance with the relevant and applicable OSIC Guidelines regarding the initial review and preliminary assessment, as well as the terms of the Abuse-Free Sport Participant Consent Form. 

7. If the Independent Third Party receives a complaint that they consider would otherwise fall within the above sections, they shall refer the matter to the OSIC and notify the individual(s) that made the complaint of such action. 

Individuals

8. Any complaints involving alleged breaches of Gymnastics Canada’s policies that do not fall within Sections 5 or 6 above may be reported by an Individual to the Independent Third Party in  writing.  For  the  avoidance  of  doubt,  this  includes  complaints  referred  back  to  the Independent Third Party by the OSIC following a determination made by the OSIC that a complaint initially reported to it does not fall within its jurisdiction.. 

9. Notwithstanding any provision in this Policy, Gymnastics Canada may, at its discretion, or upon  request  by  the  Independent  Third  Party,  act  as  the  Complainant  and  initiate  the complaint process under the terms of this Policy. In such cases,  Gymnastics Canada will identify an individual to represent the organization.

10. A Complainant or any other individual who submits a report regarding a potential breach of Gymnastics Canada’s policies who fears retribution or reprisal or who otherwise considers that their identity must remain confidential may file a complaint with the Independent Third Party and request that their identity be kept confidential. If the Independent Third Party considers that the Complainant or other individual’s identity must remain confidential, the Independent Third Party may ask that Gymnastics Canada take carriage of the complaint and act as the Complainant.1 Prior to disclosing the Complainant or other individual’s identity to the  Respondent,  the  Independent  Third  Party  must  obtain  the  Complainant  or  other individual’s written consent to do so.2

11. In exceptional circumstances, the Independent Third Party may direct a complaint to be managed by Gymnastics Canada if a Member is otherwise unable to manage the complaint for valid and justifiable reasons, such as a conflict of interest, due to a lack of capacity or where  the  Member  does  not  have  policies  in  place  to  address  the  complaint.  In  such circumstances,  Gymnastics  Canada  shall  have  the  right  to  request  that  a  cost-sharing agreement  is  entered  into  with  the  Member  as  a  pre-condition  to  Gymnastics  Canada managing the complaint. Gymnastics Canada may also take jurisdiction for a complaint that would otherwise have been managed by a Member where the Complainant(s) request that it be  responsible  for  managing  their  complaint;  however,  in  such  a  situation,  Gymnastics Canada cannot request that a cost-sharing agreement is entered into as a pre-condition to Gymnastics Canada managing the complaint. 

12. Where a Member, Club or affiliated organization is otherwise responsible for managing a complaint,  and  the  Member,  Club  or  affiliated  organization  fails  to  conduct  disciplinary proceedings within a reasonable timeline, Gymnastics Canada may, at its discretion, take jurisdiction over the matter and conduct the necessary proceedings. In such circumstances, if the Internal Discipline Chair or External Discipline Panel decides that Gymnastics Canada acted reasonably in taking jurisdiction over the matter, Gymnastics Canada’s costs to conduct the proceedings, including legal fees, may be reimbursed by the Member, Club, or affiliated organization (as applicable) to Gymnastics Canada.

Minors

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

14. Communication  from  the  Independent  Third  Party,  Internal  Discipline  Chair  or  External Discipline Panel (as applicable) must be directed to the Minor’s representative.

15. If the Minor’s representative is not their parent/guardian, the representative must have written permission to act in such a capacity from the Minor’s parent/guardian. 

Independent Third Party Responsibilities

16. Upon receipt of a complaint, the Independent Third Party has a responsibility to:

  1. Determine whether the complaint falls within the jurisdiction of this Policy;
  2. Determine the appropriate jurisdiction to manage the complaint by considering the following:
    i. Whether the incident occurred within the business, activities, or Events of Gymnastics Canada, or one of its Members, Clubs or affiliated organizations; and
    ii. if the Member, Club or affiliated organization is able to manage the complaint process3 (subject  to  the  Complainant’s  right  to  request  that  Gymnastics Canada manage the complaint as provided for in Section 11). 
  3. Determine whether the complaint is frivolous, vexatious or if it has been made in bad faith4;
  4. Determine if the alleged incident should be investigated pursuant to Appendix A – Investigation Procedure; and
  5. Choose  which  process  (Process  #1  or  Process  #2,  as  outlined  below)  should  be followed to hear and adjudicate the matter.

Available Process

There are two different processes that may be used to hear and adjudicate complaints. Subject to Sections 5-7, the Independent Third Party decides which process will be followed at their discretion, and such decision is not appealable.

Process #1 – the complaint contains allegations involving the following behaviours:

  1. Disrespectful conduct or comments
  2. Minor  acts  of  physical  violence,  unless  the  physical  violence  is  between  a Person in Authority and a Vulnerable Participant, in which case the matter will be addressed under Process #2
  3. Conduct contrary to the values of Gymnastics Canada or those of one of its Members, Clubs or affiliated organizations
  4. Non-compliance  with  the  policies,  procedures,  rules,  or  regulations  of Gymnastics  Canada  or  those  of  one  of  its  Members,  Clubs  or  affiliated organizations
  5. Minor violations of the policies or bylaws of Gymnastics Canada or those of one of its Members, Clubs or affiliated organizations.

*** The behaviours identified above are examples only and are not a definitive list of behaviours that may be addressed through Process #1.  

Process #2 – the complaint contains allegations involving the following behaviours:

  1. Repeated incidents described in Process #1
  2. Hazing 
  3. Abusive, racist, or sexist comments, conduct or behaviour
  4. Incidents that constitute Prohibited Behaviour under the Code of Conduct and Ethics (the “Code”) or the UCCMS
  5. Major incidents of violence (e.g., fighting, attacking)
  6. Pranks, jokes, or other activities that endanger the safety of others
  7. Conduct that intentionally interferes with a competition or with any Athlete’s preparation for a competition 
  8. Conduct that intentionally  damages  the  image,  credibility,  or  reputation  of Gymnastics Canada (including staff, board or committee members) or of the image,  credibility  or  reputation  of  one  of  its  Members,  Clubs  or  affiliated organizations (or their staff, board or committee members)
  9. Consistent  disregard  for  the  by-laws,  policies,  rules,  or  regulations  of Gymnastics  Canada  or  those  of  one  of  its  Members,  Clubs  or  affiliated organizations
  10. Major or repeated violations of the Code or any other policies, by-laws, rules or regulations that designate this Discipline and Complaints Policy as applicable to address such alleged breaches
  11. Intentionally  damaging  the  property  of  Gymnastics  Canada,  one  of  its Members, Clubs or affiliated organizations, or improperly handling any of the aforementioned organizations’ monies
  12. Abusive use of alcohol, any use or possession of alcohol by Minors, or use or possession of illicit drugs and narcotics
  13. A conviction for any Criminal Code offense

The behaviours identified above are examples only and are not a definitive list of behaviours that may be addressed through Process #2. 

Provisional Suspensions

17. If it is considered appropriate or necessary on the basis of the circumstances, immediate discipline or the imposition of a Provisional Suspension or interim measures may be imposed against any Individual by the Gymnastics Canada Chief Executive Officer after which further discipline or sanctions may be applied according to this Policy. When making decisions to impose immediate discipline, a Provisional Suspension or any other interim measure against any Individual, the Gymnastics Canada Chief Executive Officer may obtain a recommendation from the Independent Third Party. 

18. If an infraction occurs at a competition, it will be dealt with by the procedures specific to the competition, if applicable. Provisional Suspensions or interim measures may be imposed for the duration of a competition, training, activity, or Event only, or as otherwise determined appropriate by the Gymnastics Canada Chief Executive Officer.5

19. Notwithstanding the above, any alleged incident involving the Maltreatment of a Minor or a Vulnerable Participant shall result in the imposition of a Provisional Suspension against the Respondent. In other circumstances, the Gymnastics Canada Chief Executive Officer may determine that an alleged incident is of such seriousness as to warrant the imposition of a Provisional Suspension of a Respondent pending completion of an investigation, assessment and/investigation by the OSIC, criminal process, the hearing, or a decision of the External Discipline Panel. For the avoidance of doubt, the Gymnastics Canada’s Chief Executive Officer may  impose  additional interim  measures  or  a  Provisional Suspension  in  addition  to  any measures imposed by the DSO through the Abuse-Free Sport process.

20. Any Respondent against whom a Provisional Suspension or interim measure is imposed may make a request to the Independent Third Party or External Discipline Panel (if appointed) to have the Provisional Suspension or interim measure lifted. In such circumstances, Gymnastics Canada shall be provided with an opportunity to make submissions, orally or in writing, regarding the Respondent’s request to have their Provisional Suspension lifted. Provisional Suspensions or interim measures shall only be lifted in circumstances where the Respondent establishes that it would be manifestly unfair to  maintain the Provisional Suspension or interim measures against them.  

21. Any decision not to lift a Provisional Suspension or interim measure shall not be subject to appeal.  

Procedural Steps

PROCESS #1:   Handled by Internal Discipline Chair

Internal Discipline Chair

22. Following the determination that the complaint or incident should be handled under Process #1, the Independent Third Party will appoint an Internal Discipline Chair6 who may:

  1. Propose alternative dispute resolution techniques, if appropriate; and/or
  2. Ask  the  Complainant  and  the  Respondent  for  either  written  or  oral  submissions regarding the complaint or incident. Both Parties shall also have the right to submit to the  Internal  Discipline  Chair  any  relevant  evidence,  including,  but  not  limited  to witness  statements,  documentary  evidence  or  evidence  from  other  media  (i.e., photos, screenshots, videos or other recordings). Each Party shall have the right to receive  the  other  Party’s  submissions  and  evidence,  including  the  Complainant’s complaint. In the case of oral submissions, each Party shall be present when such submissions are made (unless waived by a Party); and/or
  3. Following  receipt  of  the  Parties’  submissions,  the  Internal  Discipline  Chair  may convene  the  Parties  to  a  meeting,  either  in  person  or  by  way  of  video  or teleconference to ask the Parties questions and to allow the Parties to ask questions of one another.

23. Following their review of the submissions and evidence related to the complaint, the Internal Discipline  Chair  shall  determine  if  any  of  the  incidents  listed  in  Process  #1  above  have occurred and,  if  so,  determine  whether  to  impose  a  sanction  and,  if  so,  determine  the appropriate  sanction  (see:  Sanctions).  If,  after  hearing  the  Parties  and  reviewing  their submissions, the Internal Discipline Chair considers that none of the incidents listed in Process #1 above have occurred, they shall dismiss the complaint.

24. The Independent Third Party will inform the Parties of the Internal Discipline Chair’s decision, which shall be in writing and include reasons. The Internal Discipline Chair’s decision will take effect immediately, unless specified otherwise by the Internal Discipline Chair. Should the circumstances require a decision to be rendered immediately or within a short timeline, the Internal Discipline Chair may render a short decision, either orally or in writing, followed by a written reasoned decision. 

25. Any decision rendered by the Internal Discipline Chair shall be provided to and maintained in the records of the relevant Club, Member and Gymnastics Canada. Decisions will be kept confidential by the Parties and the aforementioned organizations and shall be retained and discarded in accordance with the relevant and applicable privacy legislation. 

PROCESS #2:   Handled by Independent Third Party and External Discipline Panel

Independent Third Party

26. Following the determination that the complaint should be handled under Process #2, the Independent Third Party will propose the use of alternative dispute resolution, if appropriate. If the dispute is not resolved using alternative dispute resolution, the Independent Third Party will appoint an External Discipline Panel. Thereafter, the Independent Third Party shall have the following responsibilities: 

  1. Coordinate all administrative aspects of the process and set reasonable timelines
  2. Provide administrative assistance and logistical support to the External Discipline Panel  as  required,  including  providing  the  External  Discipline  Panel  with  any information  related  to  previously  imposed  disciplinary  sanctions  against  the Respondent(s) of the policies of Gymnastics Canada, any Member or any other sport organization that had authority over the Respondent
  3. Provide any other service or support that may be necessary to ensure a fair and timely proceeding

27. The Independent Third Party will establish and adhere to timelines that ensure procedural fairness and that the matter is heard in a timely fashion.

28. The External Discipline Panel shall be composed of a sole adjudicator. However, if warranted based on the nature of the case, the Independent Third Party may, in their sole discretion, appoint an External Discipline Panel of three (3) adjudicators. When a three-person External Discipline Panel is appointed, the Independent Third Party will appoint one of the External Discipline Panel’s members to serve as the Chair.

29. The Independent Third Party, 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. 

30. The hearing will be governed by the procedures that the Independent Third Party and the External Discipline Panel deem appropriate for the circumstances. The following procedural directions will apply:

  1. The determination of procedures and timelines, as well as the hearing duration, shall be as expedient and cost-efficient as possible in order to ensure that costs to the Parties and Gymnastics Canada and/or the Member are reasonable
  2. The Parties will be given appropriate notice of the day, time, and place of the hearing
  3. 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 Independent Third Party, in advance of the hearing and in accordance with the timelines set by the Independent Third Party
  4. The Parties may engage a representative, advisor, translator, transcription services or legal counsel at their own expense
  5. The External Discipline Panel may request that any other individual participate and give evidence at the hearing
  6. If not a Party, Gymnastics Canada and/or the relevant Member shall be allowed to attend  the  hearing  as  an  observer  and  will  be  provided  with  access  to  any documents  submitted.  With  the  permission  of  the  External  Discipline  Panel, Gymnastics Canada and/or the relevant Member may make submissions at the hearing or may provide the discipline panel with clarifying information that may be required for the External Discipline Panel to render its decision7
  7. The External Discipline Panel shall allow any evidence at the hearing filed by the Parties and may exclude any evidence is unduly repetitious or otherwise an abuse of  process.  The  External  Discipline  Panel  shall  otherwise  apply  relevant  and applicable  evidentiary  rules  in relation  to  the  admissibility  and  weight given  to evidence filed by the Parties
  8. Nothing is admissible in evidence at a hearing that: 
    i. would be inadmissible in a court by reason of any privilege under the law of evidence; or
    ii. is inadmissible by any statute.
  9. The decision will be by a majority vote of the External Discipline Panel when the Panel consists of three people.

31. If the Respondent acknowledges the facts of the incident(s), 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. 

32. The process will proceed if a Party chooses not to participate in the hearing.

33. If a decision may affect another Party to the extent that the other Party would have recourse to a complaint or an appeal in their own right, that Party will become a Party to the complaint, shall be permitted to participate in the proceedings as determined by the External Discipline Panel, and will be bound by the decision. 

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

Decision

35. After hearing the matter, the External Discipline Panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. If the External Discipline Panel considers that an infraction has not occurred, the complaint will be dismissed. 

36. Within fourteen (14) days of the conclusion of the hearing, the External Discipline Panel’s written decision, with reasons, will be distributed to all Parties by the Independent Third Party, including to Gymnastics Canada and the relevant Member(s). Other  individuals or organizations, including but not limited to, Members, Clubs, etc., shall be advised of the outcome of any decisions rendered in accordance with this Policy.

37. In  extraordinary  circumstances,  the  External Discipline  Panel  may  first issue  a  verbal or summary decision soon after the conclusion of the hearing, with the full written decision to be issued before the end of the fourteen (14) day period. 

38. The External Discipline Panel’s decision will come into effect as of the date that it is rendered, unless decided otherwise by the External Discipline Panel. The External Discipline Panel’s decision will apply automatically to Gymnastics Canada and all of its Members and associated organizations.

39. Once  the  appeal  deadline in the Appeal Policy has expired, Gymnastics  Canada  or  the Member  (as  applicable)  shall  publish  the  outcome  of  the  case  on  their  website.  Such publication shall include the provision(s) of the relevant policies that have been violated, the name(s) of the Individual(s) involved and the sanction(s) imposed, if any. If the matter is appealed, the publication provisions in the Appeal Policy shall apply. Identifying information regarding Minors or Vulnerable Participants will be redacted in any published outcome. 

40. If the External Discipline Panel dismisses the complaint, the information referred to in Section 39 above may only be published with the Respondent’s consent. If the Respondent provides such consent, identifying information regarding Minors or Vulnerable Participants will be redacted in any published outcome. If the Respondent does not provide such consent, the information referred to in Section 39 above will be kept confidential by the Parties, the Independent Third Party, Gymnastics Canada and the Member (including the Respondent’s Club) and shall be retained and discarded in accordance with the relevant and applicable privacy legislation. Failure to respect this provision may result in disciplinary action being taken pursuant to this Policy.

41. Records of all decisions will be maintained by Gymnastics Canada in accordance with its Privacy Policy.

42. When  the  External  Discipline  Panel  imposes  a  sanction,  the  decision  shall  include,  at  a minimum, the following details: 

  1. Jurisdiction; 
  2. Summary of the facts and relevant evidence; 
  3. Where  applicable,  the  specific  provision(s)  of  Gymnastics  Canada’s  policies, bylaws, rules or regulations that have been breached; 
  4. Which  Party  or  organization  is  responsible  for  the  costs  of  implementing  any sanction;
  5. Which organization is responsible for monitoring that the sanctioned individual respects the terms of the sanction;
  6. Any reinstatement conditions that the Respondent must satisfy (if any); 
  7. Which  organization  is  responsible for  ensuring  that the  conditions  have  been satisfied; and
  8. Any other guidance that will assist the Parties to implement the External Discipline Panel’s decision.

If necessary, a Party – or the organization that is responsible for implementing or monitoring a sanction – may seek clarifications from the External Discipline Panel regarding the order so that it can be implemented or monitored appropriately. 

Sanctions

43. When  determining  the  appropriate  sanction,  the  Internal  Discipline  Chair  or  External Discipline Panel, as applicable, will consider the following factors (where applicable):

  1. The  nature  and  duration  of  the  Respondent’s  relationship  with  the  Complainant, including whether there is a Power Imbalance; 
  2. The Respondent’s prior history and any pattern of misconduct, Prohibited Behaviour or Maltreatment; 
  3. The respective ages of the individuals involved; 
  4. Whether the Respondent poses an ongoing and/or potential threat to the safety of others; 
  5. The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the misconduct, Prohibited Behaviour or Maltreatment, and/or cooperation in the investigative and/or disciplinary process of Gymnastics Canada; 
  6. Real or perceived impact of the incident on the Complainant, sport organization or the sporting community; 
  7. Circumstances specific to the Respondent being sanctioned (e.g. lack of appropriate knowledge or training regarding the requirements in the Code; addiction; disability; illness); 
  8. Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate; 
  9. A Respondent who is in a position of trust, intimate contact or high-impact decision- making may face more serious sanctions; and/or 
  10. Other mitigating or aggravating circumstances. 

44. Any  sanction  imposed  must  be  proportionate  and  reasonable.  However,  progressive discipline is not required, and a single incident of Prohibited Behaviour, Maltreatment or other misconduct may justify elevated or combined sanctions.

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

  1. Verbal or Written Warning – A verbal reprimand or an official, written notice that an Individual has violated the Code and that more severe sanctions will result should the Individual be involved in other violations
  2. Education – The requirement that an Individual undertake specified educational or similar remedial measures to address the violation(s) of the Code or the UCCMS
  3. Probation – Should any further violations of the Code or the UCCMS occur during the probationary period, this may result in additional disciplinary measures, including, without limitation, 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
  4. 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  Gymnastics  Canada.  A suspended Individual may be eligible to return to participation, but reinstatement may be subject to certain restrictions or contingent upon the Individual satisfying specific conditions noted at the time of suspension
  5. Eligibility Restrictions – Restrictions or prohibitions from some types of participation but allowing participation in other capacities under strict conditions
  6. Permanent Ineligibility – Ineligibility to participate in any capacity in any program, activity, Event, or competition sponsored by, organized by, or under the auspices of Gymnastics Canada and its Members
  7. 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

46. The  External  Discipline  Panel  may  apply  the  following  presumptive  sanctions  which  are presumed to be fair and appropriate for the listed Maltreatment:

  1. Maltreatment involving a Minor or Vulnerable Participant shall carry a presumptive sanction  of  permanent  ineligibility;  however,  where  the  Respondent  rebuts  this presumption and establishes entitlement to a lower sanction, the sanction shall not be lower than ten (10) years for any offence involving the Maltreatment of a Minor or Vulnerable Participant. 
  2. 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
  3. While a Respondent has pending charges allegations of a crime against a person, if justified by the seriousness of the offence, the presumptive sanction shall be a period of suspension until a final determination is made by the applicable process.

47. An Individual’s conviction for certain Criminal Code offenses involving harmful conduct shall carry a presumptive sanction of permanent ineligibility from participating with Gymnastics Canada. Such Criminal Code offences may include, but are not limited to: 

  1. Any child pornography offences
  2. Any sexual offences
  3. Any offence of physical violence

48. 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.

OSIC Sanction

49. As an Abuse-Free Sport Program Signatory, Gymnastics Canada will ensure that any sanctions or measures imposed by Abuse-Free Sport’s Director of Sanctions and Outcomes (“DSO”) will be implemented and respected within Gymnastics Canada’s jurisdiction (including at the provincial, territorial and Club level), once Gymnastics Canada receives appropriate notice of any sanction or measure from Abuse-Free Sport.

Appeals

50. The decision of an Internal Discipline Chair or External Discipline Panel, as applicable, may be appealed in accordance with the Appeal Policy.

Confidentiality

51. The disciplinary process is confidential and involves only Gymnastics Canada, the Member (where applicable), the Parties, the Independent Third Party, the Internal Discipline Chair, the External  Discipline  Panel  (as  applicable),  and  any  independent  advisors  to  the  External Discipline Panel. 

52. None of the Parties (or their representatives or witnesses) or organizations referred to in Section 52 will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings, unless Gymnastics Canada is required to notify an organization such as an international federation, Sport Canada or other sport organization (i.e.,  where  a  Provisional  Suspension  or  interim  measures  have  been  imposed  and communication is required to ensure that they may be enforced), or notification is otherwise required by law. 

53. 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

54. 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 Independent Third Party may direct that these timelines be revised.

Statistical Reporting

55. Gymnastics Canada shall, at least annually, publish a general statistical report of the activity that has been conducted pursuant to this Discipline and Complaints Policy. This report shall not include any information that is confidential under this Policy, or that has been ordered to be  kept  confidential  by  a  discipline  or  appeal  panel,  but  may  include  the  number  of complaints Reported to the Independent Third Party (for Gymnastics Canada), and statistics regarding the number of cases that were resolved through alternate dispute resolution, the Internal Discipline Chair process, the discipline panel process, and the number of appeals filed pursuant to the Appeal Policy and whether the appeals were upheld, partially upheld or dismissed.  

Privacy

56. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Gymnastics Canada’s Privacy Policy. 

57. Gymnastics  Canada,  its  Members,  or  any  of  their  delegates  pursuant to  this  Policy  (i.e., Independent Third Party, Internal Discipline Chair, External Discipline Panel), shall comply with Gymnastics Canada’s Privacy Policy (or, in the case of a Member, the Member’s Privacy Policy) in the performance of their services under this Policy. 

Appendix A – Investigation Procedure

Determination

  1. When a complaint is submitted pursuant to the Policy and is accepted by the Independent Third  Party,  the  Independent  Third  Party  will  determine  if  the  incident(s)  should  be investigated.
  2. In exceptional circumstances, and only when the Independent Third Party considers that the conditions indicated in this section have been satisfied, the Independent Third Party may determine that a reported incident requires further investigation by an independent third- party  investigator.  The  Independent  Third  Party  will  direct  that  an  investigation  be conducted: 
    -Only if the Reported incident falls within Process # 2 in the Policy; 
    – In  accordance  with  and  by  an  independent  investigator  appointed  pursuant  to  this Investigation Procedure; 
    -Where the Independent Third Party considers that there is a need for an independent assessment to determine whether an allegation or, where there are several allegations, which allegations, should be heard by a discipline panel pursuant to this Policy because they constitute a likely breach of the Code of Conduct and Ethics, the UCCMS, the Social Media Policy, or any other relevant and applicable Gymnastics Canada or Member policy, or whether the allegations frivolous, vexatious or made in bad faith8; and
    -For the purpose of making non-binding recommendations to the Independent Third Party so that they may discharge their responsibilities pursuant to this Investigation Procedure.

If  the  Independent  Third  Party  considers  that  an  independent  investigation  must  be conducted for the reasons mentioned above, the investigation shall be conducted before any disciplinary  procedures  are  commenced  pursuant  to  the  Policy;  however,  when  an investigation  is  conducted  and  where  it is  necessary  in  the  circumstances,  a  Provisional Suspension or interim measures may be imposed in accordance with the Policy. 

Upon  receipt  of  the  investigator’s  report,  the  Independent  Third  Party  shall  determine whether the matter will proceed in accordance with Process #2 in the Policy and shall inform the Parties and Gymnastics Canada or the Member (as applicable). 

If  the  Independent  Third  Party  does  not  consider  that  an  independent  investigation  is necessary and the Reported complaint has been accepted pursuant to the Policy, the matter shall proceed in accordance with Process #2. 

Investigation

2. If the Independent Third Party considers that an investigation is necessary, they will appoint an investigator. The investigator must be an independent third-party with experience in investigating. The investigator must not be in a conflict-of-interest situation and should have no connection to either party.

3. Federal and/or Provincial/Territorial legislation related to Workplace Harassment may apply to the investigation if Harassment was directed toward an employee in a Workplace. The investigator should review workplace safety legislation, the organization’s policies for human resources, and/or consult independent experts to determine whether legislation applies to the complaint.

4. The investigation may take any form as decided by the investigator, guided by any applicable Federal and/or Provincial/Territorial legislation. The investigation may include:

  1. Interviews with the Complainant
  2. Witness interviews
  3. Statement of facts (Complainant’s perspective) prepared by investigator, acknowledged by the Complainant and provided to the Respondent)
  4. Interviews with the Respondent
  5. Statement of facts (Respondent’s perspective) prepared by investigator, acknowledged by the Respondent and provided to the Complainant

Investigator’s Report

5. Upon completion of their investigation, the investigator shall prepare a written report that shall include a summary of evidence from the Parties and any witnesses interviewed. The report shall also include a non-binding recommendation from the investigator regarding whether an allegation or, where there are several allegations, which allegations, should be heard  by  an  External  Discipline  Panel  pursuant  to  the  Discipline  and  Complaints  Policy because they constitute a likely breach of the Code of Conduct and Ethics, the UCCMS or any other relevant and applicable Gymnastics Canada or Member policy. The investigator may also  make  non-binding  recommendations  regarding  the  appropriate  next  steps  (i.e., mediation, disciplinary procedures, further review or investigation). 

6. The investigator’s report will be provided to the Independent Third Party who will disclose it, at their discretion, all or part of the investigation to Gymnastics Canada and the relevant Members (if applicable). The Independent Third Party may also disclose the investigator’s report – or a redacted version to protect the identity of witnesses – to the Parties, at their discretion, with any necessary redactions. Alternatively, and only if necessary, other relevant Parties may be provided with an executive summary of the investigator’s findings by the Independent Third Party. 

7. Should the investigator find that there are possible Criminal Code offences, the investigator shall advise the Parties, Gymnastics Canada and, where applicable, the relevant Member, and the matter shall be referred by the Independent Third Party to the police. 

8. The Investigator must also inform Gymnastics Canada or the Member (as applicable) of any findings of criminal activity. Gymnastics Canada or the Member (as applicable) may decide whether to report such findings to police but is required to inform police if there are findings related to the trafficking of prohibited substances or methods (as indicated in the version of the World Anti-Doping Agency’s Prohibited List currently in force), any sexual crime involving Minors, fraud against Gymnastics Canada or any Member(s) (as applicable), or other offences where the lack of reporting would bring Gymnastics Canada or the Member (as applicable) into disrepute.

Reprisal and Retaliation

9. An Individual who submits a complaint to the Independent Third Party or who gives evidence in an investigation may not be subject to reprisal or retaliation from any individual or group. Any such conduct may constitute Prohibited Behaviour be subject to disciplinary proceedings pursuant to the Discipline and Complaints Policy or, as applicable, the policies and procedures of the OSIC. 

False Allegations

10. An Individual who submits allegations that the Investigator determines to be malicious, false, or for the purpose of retribution, retaliation or vengeance may be subject to a complaint under the terms of the Discipline and Complaints Policy and may be required to pay for the costs of any investigation that comes to this conclusion. The investigator may recommend to Gymnastics Canada or the Member (as applicable) that the Individual be required to pay for the costs of any investigation that comes to this conclusion. An Individual who is liable to pay for such costs shall be automatically deemed to be not in good standing until the costs are paid in full and shall be prohibited from participating in any Member and Gymnastics Canada Events, activities or business. Gymnastics Canada or any Member(s) (as applicable), or the Individual against whom the allegations were submitted, may act as the Complainant with respect to making a complaint pursuant to this Section 10.

Confidentiality

11. The  Investigator  will  make  reasonable  efforts  to  preserve  the  anonymity  of  Gymnastics Canada, Respondent, and any other Party. However, Gymnastics Canada and its Members recognizes that maintaining full anonymity during an investigation may not be feasible.

Privacy

58. The collection, use and disclosure of any personal information pursuant to this Policy is subject to Gymnastics Canada’s Privacy Policy. 

59. Gymnastics Canada, its Members, or any of their delegates pursuant to this Investigation Procedure (i.e., Independent Third Party, Internal Discipline Chair, External Discipline Panel), shall comply with  Gymnastics Canada’s Privacy Policy (or, in the case of a Member, the Member’s Privacy Policy) in the performance of their services under this Policy. 

  1. In such circumstances, the Complainant(s) may be required to provide evidence during the disciplinary process and their identity could be revealed.  ↩︎
  2. In the event that a Complainant does not provide written consent to disclose their identity, they should be aware that it may be difficult to pursue the disciplinary process and/or to satisfy the relevant evidentiary burdens if their identity remains confidential.  ↩︎
  3. In making this assessment, the Independent Third Party may  determine that  the Member, Club or affiliated organization lacks the capacity to manage the complaint (which may include financial and human resource capacity), that the Member, Club or affiliated organization is not the appropriate instance to manage the complaint due to its seriousness (for example, Clubs will not be expected  to manage serious complaints due to the complexity of conducting such a process), or that a real or perceived conflict of interest exists within the Member, Club or affiliated organization. If the Independent Third Party determines that the Complaint or Report should be handled by a Member, Club or affiliated organization, that organization may use its own policies to address the complaint or may adopt this Policy and appoint its own Independent Third Party to fulfil the responsibilities listed herein. Where this Policy is adopted by a Member, Club or affiliated organization, any reference to Independent Third Party below shall be understood as a reference to the Independent Third Party of the Member, Club or affiliated organization.  ↩︎
  4. As indicated in the Sport Dispute Resolution Centre of Canada’s Investigation Guidelines, a Reported complaint shall not be characterized as vexatious if the evidence demonstrates that there was a reasonable basis for filing and pursuing it. For a complaint to be considered to have been made in bad faith, the Independent Third Party must consider  that  it  was  filed  consciously  for  a  dishonest  purpose  or  due  to  the  moral  underhandedness  of  the Complainant and that there was an intention to mislead. ↩︎
  5. In-competition discipline or sanction imposed by the applicable official or authority does not prevent an Individual from facing additional disciplinary proceedings under the Code.’ ↩︎
  6. The appointed Internal Discipline Chair must be unbiased and not in a conflict of interest. ↩︎
  7. The purpose of this provision is not to provide Gymnastics Canada or a Member with the possibility to try to influence whether a sanction is imposed and, if so, the duration or nature of the sanction. Instead, this provision is intended to provide Gymnastics Canada or a Member with the possibility to provide the discipline panel with clarifying information when a Party (or the Parties) have sought a particular sanction against an Individual, but they have misunderstood or misrepresented fundamental elements of the programming or membership structure (or other  similar  issues)  and,  if  left  unaddressed,  could  result  in  the  discipline  panel  imposing  a  sanction  that  is unenforceable.  ↩︎
  8. Please see footnote 4 of the Policy, modified accordingly for the circumstances of an investigation.  ↩︎

Date of Approval: 2024-06-04

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