Complaint, Discipline and Appeal Policy
Purpose:
The Windsor Aquatic Club is committed to providing a safe, ethical and positive environment within its programs, activities, and events. As per the Windsor Aquatic Club Codes of Conduct, swimmers, parents, guardians, guests, volunteers, and staff are responsible for conducting themselves in a dignified and respectful manner.
Conduct that violates the Windsor Aquatic Club Codes of Conduct maybe subject to discipline or sanctions as identified in the Codes of Conduct.
This policy provides individuals with a fair and expedient process to address complaints, and discipline and affords members an appeal process to address alleged infractions.
Definitions of terms used throughout this policy:
Complainant: The party or parties raising the complaint/alleging an infraction
Respondent: The alleged party or parties who made the infraction
Parties: The complainant, the respondent and any other individuals affected by the complaint
Days: Days regardless of weekends and holidays
Individuals: Include all types of members of our Club as well as individuals engaged in activities and events with Windsor Aquatic Club including but not limited to: clubs, swimmers, coaches, officials, volunteers, manager, staff, Board directors, and parent/guardians of swimmers.
Complaints: Complaints are an expression of dissatisfaction made to the Club, related to the Club’s activities, operations, policies, employees, volunteers. Complaints may also be incidents of failing to achieve the expected standards of conduct that have the potential to result in harm to others, Club image, or the sport of swimming.
Infraction: is a violation or breach of the agreed upon codes of conduct, contract or policy.
Club: Windsor Aquatic Club
Committee: Complaints, Discipline and Appeal Committee
Scope and Application:
This Policy applies to all individuals.
This policy applies to complaints, discipline such as suspensions and expulsion and any other form of disciplinary measure considered appropriate by the Club at the time of the alleged infraction.
A complaint or infraction may occur during the course of Windsor Aquatic Club business, programming, activities and events, but not limited to competitions, practices, try-outs, tournaments, training camps, travel associated with Windsor Aquatic Club business affairs, professional development opportunities and meetings.
This policy does not prevent discipline from being applied during a practice, competition or event.
Complaint, Discipline and Appeal Committee:
- The Board Secretary also assumes the role of Coach Liaison by virtue of the position on the Board.
- This position is also responsible for oversight of the Complaint, Discipline and Appeal policy and committee.
- The Complaint, Discipline and Appeal committee shall be the Board Secretary and no less than one other board member.
Complaint Process
- In keeping with the spirit of good sportsmanship and a cohesive team environment, individuals who have a concern are encouraged to address the concern directly with the person involved as soon as is practical.
- If the concern is related to a decision or action of a coach, the individual with the concern shall not interrupt or confront the coaching staff on the pool deck during practice or meets.
- Upon addressing the concern directly, if the individual with the concern does not feel the concern was adequately addressed by the coach, the matter can be elevated to the head coach.
- Upon addressing the concern directly, if the individual with the concern does not feel the concern was adequately addressed by the head coach or other party involved, the matter can be elevated to the Club Secretary.
- Any individual who wishes to file a notice of complaint is expected to do so as soon as possible after the events giving rise to the complaint and to submit, in writing, to the attention of the Board Secretary.
A suggested written complaint format includes:
- Notice of complaint
- Contact information of the complainant
- Name of the respondent and any other affected parties or witnesses
- Date and location of incident
- Detailed summary of incident/complaint/discipline
- Any other evidence which supports the incident
Click HERE for form
Procedures for Addressing a Complaint
- The Complaint, Discipline and Appeal committee members shall act in good faith in addressing a complaint and the complainant.
- Upon receipt of the complaint in writing, the Board Secretary shall acknowledge the complainant in writing within 3-5 days.
- At all times, it is the expectation that the Board and Committee keep in confidence all aspects of the complaint.
- Any conflict of interests, perceived or real, shall be noted in the minutes of any meetings and documented in the Complaints, Discipline and Disputes register.
- Any Board or Committee member identifying a conflict of interest shall be excused from participating in the complaint resolution and/or appeal process.
- A proposed course of action to effectively address the complaint shall be devised by the Committee and may include:
- Board Secretary meeting with the staff, coach, volunteer or any other party named in the complaint.
- Face-to-face meeting with the complainant to provide clarification to process/policy/procedure (parent/swimmer codes of conduct etc).
- Request permission from the Head Coach to involve a neutral coach in the complaint resolution process.
- Complainants shall be made aware that complaints involving the placement of swimmers in groups is the sole discretion of the Head Coach and Coaching team and not appropriate for members of the Board or Committee to intervene.
- Should the complaint involve the placement of a swimmer in a group, the Coach Liaison may facilitate the exchange of information between the complainant and the Head Coach. Once the exchange of information from Head Coach to Complainant has been facilitated, the complaint is deemed resolved.
- If after the above steps have been followed, and the complainant is not satisfied with the proposed resolution, the complaint may file an appeal to the Board of Directors.
Appeal Process:
A decision/proposed resolution/discipline cannot be appealed on its merit alone. The following are a list of reasons (sufficient grounds) for an appeal that include WAC:
- Failed to follow its own policy and procedures;
- Made a decision that was influenced by bias or known conflict of interest;
- Failed to consider relevant information;
- Took into account irrelevant information in making the decision; or
- Made a decision that was grossly unreasonable.
Individuals who wish to appeal a decision, or discipline have 14 days from the date on which they received notice of the decision, to submit in writing, to the attention of WAC Board President the following:
- Notice of intention to appeal
- Contact information
- Name of the Respondent and any other affected parties
- Date the person making the appeal was advised of the decision/discipline (to which they are appealing)
- A copy of the decision which is being appealed OR a description of decision/discipline if written documentation is not available
- Grounds for the appeal
- Detailed reasons for the appeal
- All evidence that supports these grounds
- Requested remedy/resolution
Upon receiving notice, the Board of Directors will:
- Determine if there is merit to the appeal based on the above listed criteria.
- Designate a member of the Board to mediate the appeal with the voluntary participation of the complainant and respondent.
- Should mediation be successful, the proposed resolution will be presented to the Board of Directors for endorsement.
- Upon endorsement of the resolution, a written decision will be provided to the complainant and respondent within 14 days from the Board’s endorsement.
- Should the mediation not be successful, the Board President will hear from the complainant and respondent and provide the recommendation for resolution.
- The recommendation requires resolution by the Board.
- The Board President may decide to invite other members of the Board or Coaching staff to participate in the process and may also obtain independent advice.
- The final written decision will be provided to the complainant within 14 days after the Board President has received all of the information. A verbal response may also be provided with a written response to follow.
- The written decision, with reasons, will be provided to both the complainant and the respondent as appropriate.
Parts of this policy have been adapted from the Swim Ontario Procedure Manual, Complaint, Discipline and Appeal Procedure, 2009.
Appendix:
Complaint, Discipline and Appeal Register
The Board Secretary is responsible for maintaining the register. A yearly report will be provided to the Executive Board
The Register will include:
Date Complaint/Appeal made:
Noted conflict of Interests:
Nature/Reason for Complaint/Appeal:
Action Taken to resolve Complaint/Appeal:
The Resolution:
Date of Resolution:
