Resource Library

Pan Canadian 4000-13 Peer Mentor Policy- 2017

4000-13 PAGE 1 OF 1      Peer mentors are athletes with an intellectual disability who have successfully completed the Peer Mentorship program. The Peer Mentorship program provides the athlete with knowledge, skills and confidence to take on a mentorship role within a Special Olympics sport program. Peer mentors will support and assist the head coach within a sport program. Athletes are eligible to take the Peer Mentorship program if they meet the following eligibly requirements: Have been endorsed by their chapter in accordance with the Special Olympics Canada Endorsement Policy Are 18 years of age or older Have been registered as a Special Olympics athlete for at least 5 years in the sport in which they wish to support Endorse by their applicable coach in the sport in which they desire to mentor in order to ensure proper sport knowledge Athletes are eligible to become a peer mentor if they: Complete the Peer Mentorship Program Ascertain prior approval from the applicable program Head Coach to act as a Peer Mentor Agree to comply with Special Olympics’ Code of Conduct Are currently registered with Special Olympics Canada Comply with the screening requirements as required by the Chapter Will be mentoring in a sport they are not currently involved in as an athlete or, in sports where athletes compete by ability level (such as Floor Hockey A or Floor Hockey B), they will be working with athletes of at least one level lower than themselves Peer mentors will not: Make up part of the coach to athlete ratio in any situation Serve in a supervisory role

Pan Canadian Appeal Policy Flowchart - 2017

This flowchart is a quick guide only. Please see the full version of the Appeal Policy and the Dispute Resolution Policy for complete details. SOC BOARD APPROVED: DECEMBER 2017

Pan Canadian Appeal Policy- 2017

SPECIAL OLYMPICS CANADA APPEAL POLICY This Policy has been prepared by Special Olympics Canada and is a Pan-Canadian Policy applicable to Special Olympics Canada and its Chapters. This document cannot be modified by a Chapter without consultation and approval from Special Olympics Canada. EFFECTIVE DATE: DECEMBER 6, 2017 LAST REVISED: MAY 3, 2014 Definitions The following terms have these meanings in this Policy: “Appeal Panel” – A single person to hear and decide the appeal or at the discretion of the Case Manager, three persons may be appointed to hear and decide the complaint. “Appellant” – The Party appealing a decision “Case Manager” – An individual appointed by Special Olympics Canada or its Chapter, who may be any Staff, Committee member, Volunteer, Director, or an independent third party, to oversee this Policy. The Case Manager will have responsibilities that include, but are not limited to: Ensuring procedural fairness; Respecting the applicable timelines; and Using decision making authority empowered by this Policy. “Chapter” – The Provincial/Territorial organization recognized by Special Olympics Canada to govern Special Olympics within their applicable Province/Territory. “Days” – Any day of the week, including weekends and holidays “Individuals” – All categories of membership defined in Special Olympics Canada or Chapter Bylaws, as well as all individuals engaged in activities with Special Olympics Canada or its Chapters including, but not limited to, athletes, coaches, mission staff, chefs de missions, officials, volunteers, committee members, parents or guardians, and directors and officers. “Policy” – This Appeal Policy. “Parties” – The Appellant, Respondent, and any other Individuals or persons affected by the appeal “Respondent” – The party whose decision is being appealed Purpose Special Olympics Canada and its Chapters are committed to providing an environment in which all Individuals are treated with respect. Special Olympics Canada and its Chapters provide Individuals with this Appeal Policy to enable fair, affordable, and expedient appeals of certain decisions made by Special Olympics Canada or its Chapters. Scope and Application of this Policy This Policy applies to all Individuals. Any Individual who is directly affected by a Special Olympics Canada or a Chapter decision shall have the right to appeal that decision; provided there are sufficient grounds for the appeal under the ‘Grounds for Appeal’ section of this Policy. This Policy does not apply to any Special Olympics Canada or Chapter employees as such matters are governed by policies that expressly apply to its respective employees. Jurisdiction of appeals and implementation of this Appeal Policy will be the responsibility of Special Olympics Canada or the applicable Chapter whose decision is being appealed. This Policy will apply to decisions relating to: Eligibility Coach/Athlete Selection for a Team Conflict of Interest Discipline Membership This Policy will not apply to decisions relating to: Employment Infractions for doping offenses The rules of sport Selection criteria, quotas, policies, and procedures established by entities other than Special Olympics Canada or its Chapters Substance, content and establishment of team selection criteria Volunteer appointments and the withdrawal or termination of those appointments Budgeting and budget implementation Operational structure and committee appointments Decisions or discipline arising within the business, activities, or events organized by entities other than Special Olympics Canada or its Chapters Decisions or discipline arising within competition Decisions made under this Policy Timing of Appeal Individuals who wish to appeal a decision have fourteen (14) days from the date on which they receive notice of the decision to submit in writing to Special Olympics Canada or the applicable Chapter office, the following (collectively hereinafter known as “Notice”): Notice of the intention to appeal Contact information of the Appellant Name of the Respondent and any affected parties when known to the Appellant Date the Appellant was advised of the decision being appealed A copy of the decision being appealed, or description of decision if written document is not available Grounds for the appeal Detailed reasons for the appeal All evidence that supports these grounds Requested remedy or remedies An administration fee of one hundred and fifty dollars ($150), which will be returned if the appeal is successful An Individual who wishes to initiate an appeal beyond the fourteen (14) day period must provide a written request stating the reasons for an exemption. The decision to allow, or not allow, an appeal outside of the fourteen (14) day period will be at the sole discretion of the Case Manager and may not be appealed. Grounds for Appeal A decision cannot be appealed on its merits alone. An appeal may only be heard if there are sufficient grounds for appeal. Sufficient grounds are limited to submissions that include the Respondent: Made a decision that it did not have authority or jurisdiction (as set out in the relevant governing documents) to make Failed to follow its own procedures (as set out in the relevant governing documents) Made a decision that was influenced by bias (where bias is defined as a lack of neutrality to such an extent that the decision- maker is unable to consider other views) Failed to consider relevant information or took into account irrelevant information in making the decision The Appellant bears the onus of proof and must demonstrate, on a balance of probabilities, the occurrence of one of the circumstances set out in Section 10 of this Policy and that such circumstances had, or may reasonably have had, a material effect on the decision or decision-maker. Screening of Appeal Upon receiving the Notice, by way of personal delivery, e-mail, fax or mail, of the appeal, Special Olympics Canada or its Chapter, as applicable, will appoint an independent third-party Case Manager who has the following responsibilities: Determine if the appeal falls under the scope of this Policy Determine if the appeal was submitted in a timely manner Decide whether there are sufficient grounds for the appeal Propose the use of the Dispute Resolution Policy If the appeal is denied on the basis of insufficient grounds, because it was not submitted in a timely manner, or because it did not fall under the scope of this Policy, the Appellant will be notified, in writing, of the reasons for this decision. This decision may not be appealed. If the Case Manager is satisfied that the appeal should not be denied, the Case Manager may propose using the Dispute Resolution Policy with the objective or resolving the dispute. If applicable, and if the dispute is not resolved, or if the Parties refuse to use the Dispute Resolution Policy, the Case Manager will appoint an Appeals Panel to hear the appeal. Panel members must not have had any involvement with the decision being appealed and will be free from any actual bias or conflict. Procedure for Appeal Hearing The Case Manager shall notify the Parties that the appeal will be heard. If a Party chooses not to participate in the hearing, the hearing will proceed in any event. The format of the hearing may involve an oral in-person hearing, an oral hearing by telephone, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the Case Manager and the Panel deem appropriate in the circumstances, provided that: The hearing will be held within the appropriate timeline determined by the Case Manager The Parties will be given reasonable notice of the day, time and place of the hearing Copies of any written documents which the parties wish to have the Panel consider will be provided to all Parties in advance of the hearing The Parties may be accompanied by a representative, advisor, or legal counsel at their own expense The Panel may request that any other individual participate and give evidence at the hearing The Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the appeal, but may exclude such evidence that is unduly repetitious and shall place such weight on the evidence as it deems appropriate If a decision in the appeal may affect another person to the extent that the other person would have recourse to an appeal in their own right under this Policy, that person will become a party to the appeal in question and will be bound by its outcome The decision to uphold or reject the appeal will be by a majority vote of Panel members In fulfilling its duties, the Panel may obtain independent legal advice. Appeal Decision The Panel shall issue its decision, in writing and with reasons, after the hearing’s conclusion. The Panel may decide to: Reject the appeal and confirm the decision being appealed Uphold the appeal and refer the matter back to the initial decision-maker for a new decision Uphold the appeal and vary the decision The Panel’s written decision, with reasons, will be distributed to all Parties, the Case Manager, and Special Olympics Canada or the applicable Chapter. In extraordinary circumstances, the Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued thereafter. The decision will be considered a matter of public record unless decided otherwise by the Panel. Confidentiality The appeals process is confidential and involves only the Parties, the Case Manager, the Panel, and any independent advisors to the Panel. Once initiated and until a decision is released, none of the Parties will disclose any information to any person not involved in the proceedings and at the time of such decision, the only confidential information that may be disclosed is the result of such decision. Appeal decisions that are matters of public interest shall be publicly available with the names of the individuals redacted. Names of persons disciplined/affected may be disclosed to the extent necessary to give effect to any decision imposed. Final and Binding The decision of a Chapter Appeal Panel will be binding on all Parties and on all Individuals and not subject to further appeal. The decision of a Special Olympics Canada Appeal Panel will be binding on all Parties and on all Individuals, subject to the right of any Party to seek a review of the Panel’s decision pursuant to the rules of the Sport Dispute Resolution Centre of Canada (SDRCC).

Pan Canadian Code of Conduct and Ethics- 2017

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Pan Canadian Discipline and Complaints Policy- 2017

      SPECIAL OLYMPICS CANADA DISCIPLINE AND COMPLAINTS POLICY This Policy has been prepared by Special Olympics Canada and is a Pan-Canadian Policy applicable to Special Olympics Canada and its Chapters. This document cannot be modified by a Chapter without consultation and approval from Special Olympics Canada. EFFECTIVE DATE: DECEMBER 6, 2017 LAST REVISED: MAY 3, 2014     Definitions The following terms have these meanings in this Policy: “Board” – The board of directors of Special Olympics Canada or a Chapter. “Case Manager” – An individual appointed by the Discipline Chair to implement complaints under this Discipline and Complaints Policy. The Case Manager does not need to be a member of, or affiliated with, Special Olympics Canada or a Chapter. The Case Manager will not sit on the Discipline Panel. “Complainant” – The Party alleging an infraction. “Days” – Days including weekends and holidays. “Discipline Chair(s)” – An individual or individuals appointed by the applicable Board or the Executive Director to be the first point-of-contact for all discipline and complaint matters reported to Special Olympics Canada or its Chapters. “Discipline Panel” – A single person to hear and decide the complaint or at the discretion of the Case Manager, three persons may be appointed to hear and decide the complaint. “Executive Director” – The most senior staff person with Special Olympics Canada or a Chapter. “Governing Documents” – Special Olympics Canada or a Chapter’s bylaws, policies, procedures, rules or regulations. “Individuals” – All categories of membership defined in Special Olympics Canada or Chapter Bylaws, as well as all individuals engaged in activities with Special Olympics Canada or its Chapters including, but not limited to, athletes, coaches, mission staff, chefs de missions, officials, volunteers, committee members, parents or guardians, and directors and officers. “Party” – The Complainant or Respondent of a complaint. “Respondent” – The alleged infracting Party.   Purpose Individuals are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with, as applicable, Special Olympics Canada and Chapter policies, Bylaws, rules and regulations, and Code of Conduct and Ethics. Non-compliance may result in sanctions pursuant to this Policy.   Application of this Policy This Policy applies to all Individuals.   This Policy applies to matters that may arise during the course of Special Olympics Canada or Chapter business, activities, and events including, but not limited to, competitions, practices, tryouts, training camps, travel associated with Special Olympics Canada or Chapter activities, and any meetings.   This Policy also applies to Individuals’ conduct outside of Special Olympics Canada or Chapter business, activities, and events when such conduct adversely affects relationships within Special Olympics Canada or the Chapter (and its work and sport environment), is detrimental to the image and reputation of Special Olympics Canada or the Chapter, or upon the acceptance of Special Olympics Canada or the Chapter in its sole discretion.   Jurisdiction of complaints within Special Olympics Canada and its applicable Chapter will be determined based upon where and when the conduct occurred, as determined by Special Olympics Canada and the applicable Chapter.   This Policy does not prevent immediate discipline or sanction from being applied as reasonably required. Further discipline may be applied according to this Policy. Any infractions or complaints occurring within competition will be dealt with by the procedures specific   to the competition, if applicable. In such situations, disciplinary sanctions will be for the duration of the competition, training, activity, or event only.   This Policy does not apply to any Special Olympics Canada or Chapter employees or contractors as such matters are governed by policies that expressly apply to employees, such as an applicable organization’s human resources policy or employment/contractor agreements.   Process Any Individual may report an incident or complaint, alleging a breach of Special Olympics Canada or a Chapter’s Governing Documents, in writing within fourteen (14) days of the alleged incident to Special Olympics Canada or the applicable Chapter who will forward the complaint to the Discipline Chair, although this timeline can be waived or extended at the Discipline Chair’s discretion. At Special Olympics Canada’s or the Chapter’s discretion, the organization may act as the Complainant and initiate the complaint process under the terms of this Policy. In such cases, the organization will identify an individual to represent Special Olympics Canada or the Chapter.   Upon receipt of a written complaint, the Discipline Chair will review the submissions related to the complaint, the applicable Governing Documents and determine one or more of the following outcomes or sanctions: The complaint is not filed within the correct applicable jurisdiction and inform the Complainant of the correct jurisdiction Determine whether the complaint is frivolous and/or within the jurisdiction of this Policy The complaint is not substantiated and no sanction Verbal or written reprimand Verbal or written apology Service or other contribution Removal of certain privileges Suspension from certain teams, events, and/or activities Suspension from all activities for a designated period of time Payment of the cost of repairs for property damage Suspension of funding Expulsion Any other sanction considered appropriate for the offense   The Discipline Chair will promptly inform the Complainant and the Respondent in writing of the sanction, if any.   Records of all decisions and sanctions, if any, will be maintained by the organization maintaining jurisdiction.   Request for Reconsideration Notwithstanding Sections 10 – 12, the Complainant or the Respondent may contest the sanction by submitting a Request for Reconsideration within five (5) days of receiving the decision of the Discipline Chair. In the Request for Reconsideration, the Complainant or Respondent must indicate: Why the sanction is inappropriate; All evidence to support the party’s position; and What penalty or sanction (if any) would be appropriate   The sanction may not be appealed until the completion of a Request for Reconsideration.   Upon receiving a Request for Reconsideration, the Discipline Chair will appoint a Case Manager to oversee management and administration of the complaint or incident. Such appointment is not appealable.   The Case Manager has a responsibility to: Propose the use of the Dispute Resolution Policy Appoint the Discipline Panel, if necessary Coordinate all administrative aspects and set timelines (Questions was posed as to who is providing legal advice on admin law? The intent of this section is to indicate the Case Manager will simply set timelines or document exchange and administrative work relating to notice of deadline, hearings, etc.) Provide administrative assistance and logistical support to the Discipline Panel as required Provide any other service or support that may be necessary to ensure a fair and timely proceeding     Procedures If the Case Manager determines the complaint is: Frivolous or outside the jurisdiction of this Policy, the complaint will be dismissed immediately Not frivolous and within the jurisdiction of this Policy, the Case Manager will notify the Parties that the complaint is accepted and of the applicable next steps   The Case Manager’s decision to accept or dismiss the complaint may not be appealed.   The Case Manager will establish and adhere to timelines that ensure procedural fairness and that the matter is heard in a timely fashion.   After notifying the Parties that the complaint has been accepted, the Case Manager may propose using the Dispute Resolution Policy with the objective of resolving the dispute. If applicable, and if the dispute is not resolved, or if the parties refuse to use the Dispute Resolution Policy, the Case Manager will appoint a Discipline Panel. QUESTION: Can the case manager sit on the panel – No – updated in definition.   The Case Manager, in cooperation with the 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. The hearing will be governed by the procedures that the Case Manager and the Discipline Panel deem appropriate in the circumstances, provided that: The Parties will be given appropriate notice of the day, time, and place of the hearing, in the case of an oral in-person hearing or an oral hearing by telephone or other communication medium Copies of any written documents which the parties wish to have the Discipline Panel consider will be provided to all Parties, through the Case Manager, in advance of the hearing The Parties may engage a representative, advisor, or legal counsel at their own expense The Discipline Panel may request that any other individual participate and give evidence at the hearing The Discipline Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the complaint, but may exclude such evidence that is unduly repetitious, and shall place such weight on the evidence as it deems appropriate The decision will be made by a majority vote of the Discipline Panel   If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing, in which case the Discipline Panel will determine the appropriate sanction. The Discipline Panel may still hold a hearing for the purpose of determining an appropriate sanction.   Subject to Section 22, the hearing will proceed in any event, even if a Party chooses not to participate in the hearing.   If a decision may affect another party to the extent that the other party would have recourse to a complaint or an appeal (question – what does this mean? This means that a party affected by a decision would file their own appeal based on the findings of the Discipline Panel) in their own right, that party will become a Party to the current complaint and will be bound by the decision.   In fulfilling its duties, the Discipline Panel may obtain independent legal advice. (Question: who pays – SOC or the Chapter)   Decision After hearing and/or reviewing the matter, the Discipline Panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. Within fourteen (14) days of the hearing’s conclusion, the Discipline Panel’s written decision, with reasons, will be distributed to all Parties, the Case Manager, and the applicable organization. In extraordinary circumstances, the Discipline Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued before the end of the fourteen (14) day period. The decision will be considered a matter of public record unless decided otherwise by the Discipline Panel.   Sanctions The Discipline Panel may apply the following disciplinary sanctions, singularly or in combination: Verbal or written reprimand   Verbal or written apology Service or other contribution Removal of certain privileges Suspension from certain teams, events, and/or activities Suspension from all Special Olympics Canada or Chapter activities for a designated period of time Payment of the cost of repairs for property damage Suspension of funding Expulsion Any other sanction considered appropriate for the offense   Unless the Discipline Panel decides otherwise, any disciplinary sanctions will begin immediately, notwithstanding an appeal. Failure to comply with a sanction as determined by the Discipline Panel will result in an automatic suspension from Special Olympics Canada or the applicable Chapter until such time as compliance occurs.   Records of all decisions will be maintained by the applicable organization in compliance with applicable law.   Appeals The decision of the Discipline Panel may be appealed in accordance with Special Olympics Canada’s Appeal Policy.   Suspension Pending a Hearing Special Olympics Canada or the applicable Chapter may determine that an alleged incident is of such seriousness as to warrant suspension of an Individual from Special Olympics Canada or its applicable Chapter pending completion of a criminal process, the hearing, or a decision of the Discipline Panel.   Criminal Convictions An Individual’s conviction for a Criminal Code offense, as determined by Special Olympics Canada or the applicable Chapter, will be deemed an infraction under this Policy and may result in expulsion from Special Olympics Canada and its Chapters. Criminal Code offences may include (question – wouldn’t it be any conviction under the criminal code or other conviction per Section 5? My thoughts are that I have no issue with it being a conviction under the Code all together, but I think a Section 5 violation could be managed under Section 31) , but are not limited to: Any child pornography offences Any sexual offences Any offence of physical violence Any offence of assault Any offence involving trafficking of illegal drugs   Confidentiality The discipline and complaints process is confidential and involves only the Parties, the Case Manager, the Discipline Panel, and any independent advisors to the Discipline Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings and at the time of such decision, the only confidential information that may be disclosed is the result of such decision.   Timelines 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 Discipline Panel may direct that these timelines be revised.   Records and Distribution of Decisions Other individuals or organizations, including but not limited to, national sport organizations, provincial sport organizations, sport clubs, etc., may be advised of any decisions rendered in accordance with this Policy.

Pan Canadian Discipline Procedure Flowchart - Final - December 2017

Complainant files written complaint with Association – Association will conduct initial review of complaint to determine jurisdiction, validity and required next steps This flowchart is a quick guide only. Please see the full version of the Discipline and Complaints Policy for complete details. SOC BOARD APPROVED: DECEMBER 2017

Pan Canadian Dispute Resolution Policy- 2017

PAN-CANADIAN POLICY SPECIAL OLYMPICS CANADA DISPUTE RESOLUTION POLICY This Policy has been prepared by Special Olympics Canada and is a Pan-Canadian Policy applicable to Special Olympics Canada and its Chapters. This document cannot be modified by a Chapter without consultation and approval from Special Olympics Canada. EFFECTIVE DATE: DECEMBER 6, 2017 LAST REVISED: NEW Definitions The following term has this meaning in this Policy: “Individuals” – All categories of membership defined in Special Olympics Canada or Chapter Bylaws, as well as all individuals engaged in activities with Special Olympics Canada or its Chapters including, but not limited to, athletes, coaches, mission staff, chefs de missions, officials, volunteers, committee members, parents or guardians, and directors and officers. Purpose Special Olympics Canada and its Chapters supports the principles of Alternate Dispute Resolution (ADR) and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. Alternate Dispute Resolution also avoids the uncertainty, costs, and other negative effects associated with lengthy appeals or complaints, or with litigation. Special Olympics Canada and its Chapters encourages all Individuals to communicate openly, collaborate, and use problem-solving and negotiation techniques to resolve their differences. Special Olympics Canada and its Chapters believe that negotiated settlements are usually preferable to outcomes resolved through other dispute resolution techniques. Negotiated resolutions to disputes with and among Individuals are strongly encouraged. Application of this Policy This Policy applies to all Individuals. Opportunities for Alternate Dispute Resolution may be pursued at any point in a dispute when all parties to the dispute agree that such a course of action would be mutually beneficial. Filing a Dispute Any Individual may file a dispute with in accordance with Special Olympics Canada’s Discipline and Complaints Policy or Appeal Policy. Facilitation and Mediation If all parties to a dispute and Special Olympics Canada or its applicable Chapter agree to Alternate Dispute Resolution, a mediator or facilitator shall be appointed by the governing body where the dispute is occurring to mediate or facilitate the dispute. The mediator or facilitator is not required to be a Special Olympics Canada or Chapter employee or volunteer and may be any individual with the necessary skills to conduct a constructive mediation or facilitation session. The mediator or facilitator shall decide the format under which the dispute shall be mediated or facilitated, and shall specify a deadline before which the parties must reach a negotiated decision. Should a negotiated decision be reached, the decision shall be reported to, and approved by, the organization with jurisdiction of the dispute, either Special Olympics Canada or the applicable Chapter. Should a negotiated decision not be reached by the deadline specified by the mediator or facilitator at the start of the process, or if the parties to the dispute do not agree to Alternate Dispute Resolution, the dispute shall be considered under the appropriate section of the Special Olympics Canada’s Discipline and Complaints Policy or Appeal Policy, as applicable. Appeals Approved negotiated decisions are not appealable. SOC BOARD APPROVED: DECEMBER 2017    PAGE 1 OF 1

PanCanadian Policy Preamble

In an effort to ensure minimum standards across the country for Special Olympics programs Special Olympics Canada is working on a suite of policies that all Chapters will be adopting. These PanCan policies represent the minimum standards that are expected organizationally. The approved PanCan policies have been included on the Resource Library as a point of reference for our members. Special Olympics Ontario will continue to uphold our organizational policies while ensuring we comply with the minimum standards that have been set by SOC.

Pan Canadian Blood-Borne Contagious Infections Policy-2019

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