Starting a Complaint
Information for a Complainant
The decision to make a complaint is a difficult one. We understand that a lot of thought and time has gone into each complainant’s decision to submit a complaint. We thank each and every complainant who has come and will come forward for making this difficult decision.
Who can act as a complainant depends of the applicable Policy. Some Policies state that anyone who has a complaint can be a complainant, other Policies indicate that only individuals with a connection to the sport can be complainants. The first step in moving forward with a complaint, is making sure you fall under the Policy’s definition of ”Complainant.”
We would like to provide you with some information regarding the complaint process from the perspective of a complainant.
The complaint process is a robust process. It does not provide immediate results as it goes through multiple steps to ensure fairness and a fulsome investigation, adjudication and/or mediation results in accurate and appropriate resolutions. While every effort is made for a timely resolution, the process can take time.
The precise structure of the complaint process is determined by the Policy under which the complaint is brought. If an individual chooses to come forward with a complaint, the independent third party will explain the process as defined by the applicable Policy.
Responding to a Complaint
Information for a Respondent
We understand that receiving a complaint against you can be an extremely stressful and traumatizing event. The Independent Third Party is available to the Respondents to explain the process and what to expect from a procedural perspective.
We would like to provide you with some information regarding the complaint process from the perspective of a respondent.
The complaint process is a robust process. It does not provide immediate results as it goes through multiple steps to ensure fairness and a fulsome investigation, adjudication and/or mediation results in accurate and appropriate resolutions. While every effort is made for a timely resolution, the process can take time.
The precise structure of the complaint process is determined by the Policy under which the complaint is brought. If an individual chooses to come forward with a complaint, the independent third party will explain the process as defined by the applicable Policy.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is an approach to resolving disputes outside of the complaint process of an investigation/adjudication. It can involve negotiation, facilitated conversations, mediation and arbitration.
Some complaints are very well suited to the ADR process whereas others may not be. A key component of ADR is that all parties must be interested and comfortable in the process. After accepting a complaint, the Independent Third Party will always ask the parties if they are interested in attempting ADR. Moreover, at any stage in the process, the parties are welcome to transition from the investigation/adjudication process over to the ADR process – provided all parties are in favour.
ADR can be significantly faster than the investigation/adjudication process. It also affords all of the parties with the opportunity to reach a resolution of their choosing. In a mediated resolution, the parties must agree on the terms of settlement for there to be a resolution. This means that the mediator cannot impose or force a decision on the parties. If they ultimately do not agree on the terms, then a settlement is not reached and the parties will return to the investigation/adjudication process.
If the ADR process is utilized to address a complaint, the Independent Third Party will appoint a qualified mediator or arbitrator experienced in issues relevant to the specific complaint
Investigation
If an investigator is appointed, they will have the relevant experience for the complaint in question and will have no conflict of interest with the parties. Where a Party is a Minor, the investigator should direct all correspondence for that Party through the Minor’s guardian, parent or other adult representatives. The Investigation Process is determined at the discretion of the Investigator, in compliance with all relevant laws.
It can include:
- Interviews with the Complainant;
- Witness interviews;
- Statement of facts (Complainant’s perspective) prepared by the investigator, acknowledged by the Complainant and provided to the Respondent;
- Interviews with the Respondent; and/or
- Statement of facts (Respondent’s perspective) prepared by the investigator, acknowledged by the Respondent and provided to the Complainant.
Investigation Report
The investigator will prepare a report including summary of evidence from the parties and a recommendation as to whether the Respondent has violated an applicable policy or code of conduct.
The investigator’s report will be provided to the ITP who will disclose it to the Adjudicative Panel. The ITP may also disclose the investigator’s report – or a redacted version to protect the identity of witnesses – to the Parties, at the ITP’s sole discretion.
Should the investigator find that there are possible instances of offence under the Criminal Code or behaviour which might constitute child abuse under the relevant provincial/territorial legislation, the investigator shall advise the Complainant and the ITP that it must refer the matter to police.
Typically, the Investigation Report is determinative of the facts and the Adjudicator will not conduct a new investigation in order to render their decision – the Adjudicator will rely on the findings of the Investigator. However, if the parties rebut the Report, the Adjudicator will determine how much will be accepted and whether any additional evidence is necessary.
Adjudication and Sanctions
Adjudicators are appointed to make a decision regarding whether a breach of a relevant Policy, Code or Procedure has occurred and, if so, what sanctions will be imposed.
The Policy that applies will generally outline what the possible sanctions are and when and how those sanctions might be applied.