(the “Policy”)
Purpose
Gymnastics Canada is committed to providing a work environment that is respectful, professional, and promotes commitment, initiative, judgment, discipline, professionalism, integrity, and respect for others. Unethical behavior can seriously undermine the efforts of all our employees to build an organization we are proud of.
Policy Statement
This policy provides a means for a complainant to report, in good faith, issues and/or concerns about serious violations. Gymnastics Canada will act fairly regarding any individual named in the complaint, considering the seriousness of the issue, the credibility of the information or allegations, and the prospects of an effective investigation.
Gymnastics Canada will not retaliate against any complainant for reporting in good faith violations pursuant to this policy. “Good faith” means that a complainant reasonably believes that the complaint is true and has not been made either for personal gain or for any ulterior motive. Reports made that are not made in good faith will not be tolerated and those initiating such reporting may be subject to disciplinary action and potential civil action by the wrongfully accused.
Scope of Complaints
This policy facilitates the confidential and submission of complaints, reports, and concerns by any person (“Complainant”) regarding:
- Accounting, internal controls, auditing matters,
- Actual or potential violations of laws, rules and regulations, and
- Other suspected unethical, illegal or irresponsible activities.
The Complainant shall report the matter immediately either verbally or in writing to the Chief Executive Officer (CEO).
In addition to the scope of complaints outlined above, any allegation of child abuse or neglect will be dealt with in accordance with the requirements of applicable provincial or territorial child protection legislation. Consistent with provincial and territorial child protection legislation, every person who suspects that a child has suffered or is likely to suffer harm has a duty to report that suspicion to child protective services.
The Gymnastics Canada Positive Workplace Policy will apply to situations of employee harassment or bullying and unlawful discrimination. This policy is not intended to cover complaints regarding personal situations between an individual and the organization such as disputes around compensation or management.
Protection of Complainants
This policy offers protection from retaliation to the Complainant. complainants making reports in good faith are protected from retaliation. Good faith means reasonably believing the complaint is true and not made for personal gain or ulterior motives. Reports not made in good faith will not be tolerated and may result in disciplinary action and potential civil action.
No complaint that satisfied these conditions shall result in any retaliation or threat of retaliation against the Complainant. This means that Gymnastics Canada and its directors, officers, employees and agents shall not penalize, discharge, demote, suspend, threaten, harass, or otherwise discriminate (collectively “retaliate”) against any Complainant for calling attention to suspected illegal or unethical acts. Any act of retaliation shall itself be treated by Gymnastics Canada as a violation of this policy and could result in disciplinary action. This protection extends to anyone providing information in relation to an investigation, including an internal investigation.
Confidentiality
Gymnastics Canada will treat all complaints by Complainants as confidential and privileged to the extent permitted by law. A Complainant is encouraged to put his/her name to any complaint he/she makes, but it may also be made anonymously, as outlined below.
How to Make a Complaint
Any complaint under this policy must be submitted to the CEO. The CEO can be reached directly:
- By telephone
- By email aprice@gymcan.org
If the complaint is about the CEO it can be made to the Chair of the Board. This position may change from time to time. Contact information for the Chair of the Board can be obtained from the Gymnastics Canada Executive Assistant.
Any complaint should provide sufficient, precise, and relevant information pertaining, among others, to dates places, persons/witnesses, numbers, etc., so that a reasonable investigation can be conducted. If the Complainant wishes to discuss any such matter, they should indicate this in the submission or message and include coordinates at which they might be contacted if it is deemed appropriate.
Receipt of complaints shall be acknowledged if the Complainant identifies themself.
Investigation
Upon receiving a complaint, the CEO shall immediately register it in a log of complaints. Any information obtained shall be maintained in a secure location to protect the confidentiality of the Complainant. It shall then be determined by the CEO as to whether the complaint pertains to a subject covered under this policy.
If the complaint involves the CEO, the complaint must be brought forward to the Chair of the Board for consideration and investigation.
If it is determined that the complaint is covered by this policy, an investigation shall be initiated by the CEO who will supervise the investigation including retaining outside legal, accounting, human resources, or other advisors, as appropriate to conduct the investigation.
The investigator shall have access to all books and records of Gymnastics Canada, its directors, officers, employees and agents who are expected to cooperate fully in the investigation. All reasonable efforts shall be used to protect the confidentiality of the Complainant.
Investigations will be conducted as quickly as possible, taking into account the nature and complexity of the complaint and the issue raised therein. The CEO shall retain as part of the records any and all complaints, reports or concerns and related documentation for a period of no less than three (3) years.
Investigation results will be included in the employee file when appropriate.
Reporting to the Board of Directors
At each Board meeting, the CEO will provide a report to the Board of Directors, and to the external auditors if deemed necessary, the number, the nature, and the outcome of any complaint received and investigated under this policy. Notwithstanding the forgoing, the CEO shall promptly report to the Board
Training and Awareness
Regular training on this policy will be provided, ensuring all employees are aware of how to make a complaint and the protections available to them.