Ontario Cycling Association PRESENTATION BY STEVEN INDIG Sport Law - PowerPoint PPT Presentation

Ontario Cycling Association PRESENTATION BY STEVEN INDIG

Sport Law & Strategy Group Providing strategic insight to the Canadian sport community through professional services in these areas:  Legal Solutions and Policy Development  Risk Management  Strategic Planning and Good Governance  Communications, Facilitation and Integral Coaching TM  Event Management and Marketing  Financial Planning and Human Resource Management

Our Team

Governance

A DIRECTOR • An individual who is a member of the board of an organization which manages the affairs of the organization. • Responsible for managing, supervising and overseeing the operation of the organization on behalf of its members. Role is no different than for-profit corporation • Minimum of three (3) Directors for a Corporation. • Notice of a change of directors must be filed with the Registrar.

Legal Duties  Diligence  to act honestly, reasonably, prudently, in good faith and with a view to the best interests of the organization and as a reasonably prudent person.  Loyalty  to not use one’s position as a director to further private interests  Obedience  to act within the governing bylaws and within the laws and rules that apply to the organization

SOME BASIC PRINCIPLES OF BOARDS • The Board is a corporate body and acts as a single entity and speaks with one voice • The Board speaks by developing, approving, monitoring and updating policy • Board, committees and staff must work in partnership

DEFINITIONS GOVERNANCE: GOOD GOVERNANCE: • “The processes and • “… is about having the structures that a Board right structures and uses to direct and processes to ensure you manage its general are achieving desired operations, programs results and achieving and activities” them the right way”

…poor governance poor governance is all too visible is all too visible to your members, stakeholders, to your members, stakeholders, funders, the public…. funders, the public…. … … good governance good governance is not always is not always visible from the outside but it can visible from the outside but it can make a good make a good organization great organization great …

Organizations Run Into Trouble When:  They do not set out rules [policies] or procedures to deal with something  They set out rules [policies] but they are incomplete, vague or contradictory  They set out rules [policies] but then choose not to follow them  They have rules [policies] that do not “fit” with their culture or their resources

Policies are Your Best Friend  They provide you with a guide for your actions  They help you to avoid a problem or crisis  In the event you cannot avoid a problem or a crisis, they will help you to act uniformly, consistently and fairly in how you manage your problem or crisis

Types of Policies  FRAMEWORK POLICIES – vision, values, beliefs, mission and mandate  GOVERNANCE POLICIES – organizational structure, roles and responsibilities, award and revoke privileges of membership, dispute resolution  OPERATIONAL POLICIES – operational details of programs, personnel, finance and advocacy

Policy Template 1. Statement of purpose of the policy 2. Scope and application of the policy (what and whom does the policy apply to?) 3. Exclusions from the policy (what does the policy not apply to? - just to be safe!) 4. Policy “scheme” (who does what, when, how)

Structure & Process Constitution/Articles of Incorporation (Purposes) By-laws Key Governance Policies Other Policies

Code of Conduct & Discipline and Complaints Policy

When you become aware of a dispute …  Take the matter seriously  Take action quickly … and be seen to be taking action  Be neutral  Be confidential and discrete  Define and focus the complaint  Be forthright and transparent  Be bold ….

Managing Your Disputes 1. Prior planning  ensure your governing policies are sound 2. Proper execution  interpret and implement your governing policies properly 3. Appeals  implement an appeals policy (OCA) 4. Intervention  consider the services of an outside administrator, case manager, mediator, arbitrator, consultant

Procedural Fairness 1 . Authority - authority to make a decision has been delegated to the decision-maker 2. Right to a hearing - the person affected has a reasonable opportunity to present his case 3. Rule against bias - the decision-maker listens fairly to both sides to reach a decision untainted by bias

Procedural Fairness The content of “fairness” is not the same in every situation. It is a spectrum that depends on the seriousness of the sanction and the impact on the individual.

Format of a Hearing  simple oral interview and response  review of written documents  review of documents, written arguments and conference call  oral hearing in-person  an oral hearing with formal, court-like procedures

Reciprocity Definition  “a relation of mutual dependence or action or influence; the mutual exchange of rights, privileges or obligations between [nations].” The Problem  without taking explicit, positive steps as a matter of policy, sport organizations cannot recognize each other’s disciplinary decisions.

Policies  Code of Conduct -- a statement of the standard of behavior expected of members including harassment  Disciplinary Process -- the mechanics of how to deal with a breach of a code of conduct  Appeal Process – the mechanics of how to deal with a breach of policy and/or procedure

What should be in a Code of Conduct?  A statement of the  The standard of behavior organization’s which is expected is values, beliefs further defined by giving and expectations examples of conduct of members and which breaches that participants. This standard. This is usually is usually a a series of “negative” “positive” statements. statement.

What should be in a Discipline Policy?  Purpose  Decision as to whether there is a  Application breach  Reporting an  Sanctions in the infraction/making a event there is a complaint breach  Screening of Complaint  Serious infractions  Composition of Panel and automatic  Hearing Format sanctions  Confidentiality  Appeal

Appeal Policy  What may be appealed and when?  Grounds for appeal  No authority for decision  Not following procedures  Bias  Grossly Unreasonable  Who does what & when  Scope of authority of decision-makers

Screening

Growing Consensus Debate is not on whether we must screen (as it is widely accepted that we must) but: • How it should be done… Given the need to find balance between the duty of an organization to provide a safe environment and the practical limits of what an organization can do.

Things to Think About • Drafting a Screening Policy – Who is to be screened: • Those persons who have difficulty protecting themselves and are at risk due to age, disability, handicap or other circumstance” – What acts are prohibited? – Who is going to make decisions? – How are you going to manage confidential records … etc. – Disclosure Forms

TEN “SAFE STEPS” PROGRAM 1. Determine the risk 6. Follow up on references 2. Write a clear position description 7. Request a Police Records Check 3. Establish a formal recruitment process 8. Conduct orientation and training sessions 4. Use an application form 9. Supervise and evaluate 5. Conduct interviews 10.Follow up with program participants

ARE YOU PREPARED? 1. Have you done everything reasonable to provide a safe environment? 2. Media, Parents, Victims 3. Can you sleep at night?

Concussions

Background • Rowan Stringer was a 17 year old rugby player who died on May 12, 2013. • Cause of death was multiple head injuries while playing high school rugby. • It was stated that Rowan died from Second Impact Syndrome: – Where a pre‐existing injury followed by another head blow can cause death. • Date before her death, she was tackled on May 8, 2013, she showed symptoms of: • Headache • Exhaustion • Bags under her eyes • It was believed she never told her parents or any adults about the headaches.

Aftermath • A coroner’s inquest into Rowan’s death concluded with 49 recommendations: • Enhanced concussion awareness and treatment. • Head injury awareness and prevention • Removal‐from‐play • Return‐to‐play strategies for young athletes, coaches and mentors. • The coroners recommendations includes: • Making concussion awareness mandatory in Ontario’s curriculum, • The promotion of an annual Brain Day awareness campaign, and • Better tools for coaches and players to identify and treat concussions. • Rowan’s Law would create an expert advisory committee to Ontario’s Premier that would advise on the implementation of the Ontario specific recommendations. • Ontario would be the first in Canada with concussion related legislation.