NTSC Harassment Policy

GENERAL POLICY STATEMENT

Members should enjoy an environment which is free of harassment and abuse of any kind. The purpose of this policy is to provide Members and the Club with a mechanism for dealing with behaviour and actions that may be offensive, harassing or intimidating, and to ensure, as much as practical, that such behaviour does not occur at any Club Activity or any other activity or undertaking which can be reasonably related to a relationship established between or among Members of the Club.

This policy applies to all Members and Guests. Members shall be specifically responsible for the actions of their Guests. Members may face all sanctions set out herein for actions of their Guests.

DEFINITIONS

1. "Activity" means any Club organized event including, but not limited to, day trips, general and special socials, charter trips, training, general membership meetings or any other activity or undertaking which can be reasonably related to a relationship established between or among Members of the Club.

2. “Club” means the North Toronto Ski Club (NTSC).

3. “Complaint” means a formal complaint filed, in writing, by a Complainant.

4. "Complainant" means any Member or Guest making a formal Complaint of Harassment.

5. “Guest” means any person participating in a Club Activity who is not a Member, but invited to participate at the request of a Member.

6. “Without limiting the generality of the foregoing, Harassment may consist of any behaviour that may be offensive or intimidating to another person, whether intentional or not. Harassment involves vexatious comments or conduct that are known to be unwelcome or that ought reasonably to be known to be unwelcome because they might reasonably be expected to cause insecurity, discomfort, offence, or humiliation to another person. Examples of prohibited harassment include: racial or religious slurs; homophobic jokes; mocking a person's disability or accent; and sexual harassment.

Sexual harassment may include: unwelcome comments about a person's appearance, sexual overtures, demands for sexual favours, sexually suggestive gestures; and uninvited sexual touching. Sexual harassment most commonly occurs in the form of behaviour by men towards women.  However, it can also occur between men, between women, or as behaviour by women towards men.

Racial harassment can take the form of unwelcome remarks, jokes, innuendos or taunting about a person's racial or ethnic background, colour, place of birth, citizenship, culture or ancestry.

7. “Member(s)” means any current Club Member.

8. "Respondent" means the party accused of Harassment by the Complainant and as set out in the Complaint.

PROCEDURE

1. The Board of Directors (hereinafter called 'the Board' and as defined in the Club’s By-Laws) shall establish a Discipline Committee to receive Complaints from Complainants regarding Harassment at or during a Club Activity. Such Discipline Committee shall be comprised of the President, Vice President and

    Secretary of the Club, with the noted exceptions:
    a. In the event that one or more of the President, Vice President and Secretary positions is not filled, the Discipline Committee will consist of the three most senior members of the Board; and/or,
    b. Where the Complainant or Respondent is the President, Vice President, and/or Secretary, such person(s) will be replaced by the next most senior member of the Board.

2. In the event that a Member or Guest participating at a Club Activity feels that they have been a victim of Harassment by another Member or Guest, such person may file a Complaint:

3. Before filing a Complaint, it is recommended, but not obligatory, that the Complainant:

    a. Tell the harasser his/her behaviour is unwelcome and ask him/her to stop;

    b. Keep a record of incidents (date, times, locations, possible witnesses, what happened, your response). Victims of Harassment are not required to keep such a record in order to file a Complaint, but a record can strengthen a case and help a victim remember details over time; and/or,

4. For clarity nothing herein requires a victim of Harassment to ask the harasser to stop the Harassing behaviour prior to filing a Complaint. A Complaint can be filed without such requests.

    a) A Complaint should be addressed to any member of the Board, in writing. It should also set out in reasonable detail the name of the Respondent, the nature, time and location of the Harassment and any witnesses. Such Complaint shall then be forwarded to the Discipline Committee. Once the Complaint is received, it will be kept strictly confidential. An investigation will be undertaken immediately and all necessary steps taken to resolve the problem. For clarity, the Discipline Committee may accept testimony verbally or in writing.    b) Both the Complainant and the Respondent will be interviewed (either in writing or verbally), as will any individuals who may be able to provide relevant information. All information will be kept in confidence.

    c) If the investigation reveals evidence to support the Complaint of Harassment, the Discipline Committee will make a recommendation to the Board that the Respondent be disciplined and recommend the form of discipline, having regard to the nature and seriousness of the Harassment. Such recommendation may include warnings, suspension, or a lifetime membership ban from the Club. The Board will then impose whatever discipline it feels is warranted in the incident and advise both the Complainant and Respondent.

    d) Where the Discipline Committee has determined that a Complaint is filed in a vexatious manner and not in good faith, the Discipline Committee may recommend that the Complainant be disciplined. For clarity, there will be no repercussions against a Complainant where the Complaint is filed in good faith, whether the Complaint is upheld or not.