1. The following terms have these meanings in this Policy:
a) “Association” – Softball Canada
b) “Individuals” – All categories of membership defined in the Association’s Bylaws, as well as all individuals employed by, or engaged in activities with, the Association including, but not limited to, athletes, coaches, supervisors, umpires, other officials, volunteers, directors, committee members, officers, team managers, medical and paramedical personnel, administrators, independent contractors and employees of the Association
c) “Police Record Check” – A search of the RCMP criminal records database or use of the Sterling Backcheck services to determine whether the individual has a criminal record (PRC)
d) “Vulnerable Sector Check” – A secondary part of the Police Record Check, for individuals who are volunteering in a vulnerable sector (such as with minor athletes or with persons with a disability), which also searches for the existence of any pardoned sex offenses and/or charges (VS)
2. The Association understands that the screening of identified Individuals is a vital part of providing a safe sporting environment and has become a common practice among sport organizations that provide programs and services to the community.
APPLICATION OF THIS POLICY
3. This Policy applies to all individuals, identified by the Association, whose position with the Association is one of trust or authority which may relate to, at a minimum, finances, supervision, young people, or people with a disability.
4. Not all Individuals associated with the Association will be required to undergo screening through this Policy because not all positions pose a risk of harm to the Association or to its participants. The Association, at a minimum, has determined the following Individuals are subject to screening in accordance with this Policy (Additional positions can be added at the discretion of the Board of Directors):
b) Chief Executive Officer
c) Manager of Finance/Administration
d) Other Employees as directed by the Board of Directors
e) Supervisors and assistant supervisors of Canadian Championships
f) National Team Head Coaches and Assistant Coaches
g) National Team Support Staff
h) CANPitch MPI’s
i) Any other Individual, as identified by the Association
5. It is the Association’s policy that:
a) Individuals listed in Section 4 will be screened using the following:
i. Screening Disclosure Form
b) The Association may also request, in their sole discretion, that an Individual submit:
ii. Drivers’ abstract
iii. Application Form
iv. Letter of Reference
c) Failure to participate in the screening process as outlined in this policy will result in the Individual’s ineligibility for the position sought.
d) If an Individual subsequently receives a conviction for, or is found guilty of, an offense they will report this circumstance immediately to the Association.
e) If an Individual provides falsified or misleading information, the Individual will immediately be removed from their the Association position and may be subject to further discipline in accordance with the Association’s Discipline and Complaints Policy.
6. The implementation of this policy is the responsibility of the Association’s Staff and Ad-Hoc Screening Committee which is a committee of three (3) members appointed by the Association. Quorum for the Screening Committee will be two (2) members.
7. The Screening Committee will carry out its duties, in accordance with the terms of this policy, independent of the Board.
8. The Screening Committee is responsible for reviewing all applications which trigger a positive response and based on such reviews, making decisions regarding the appropriateness of Individuals filling positions within the Association and whether or not such Individual will assume the position. In carrying out its duties, the Screening Committee may consult with independent experts including lawyers, police, risk management consultants, volunteer screening specialists, or any other person.
9. The Screening requirements defined in this policy will be submitted to the Association in an envelope marked “Confidential” to:
223 Colonnade Rd., Suite 212
10. Individuals who do not undertake the screening requirements required by this Policy will receive a notice to that effect and will be informed that their application and/or position will not proceed until such time as the screening requirements and this Policy are adhered to.
11. The Association’s designated Staff Member will be responsible for receiving and reviewing all submitted documentation. The Screening Committee will be engaged and review all submitted documents which trigger a positive response and subsequent to its’ review, the Screening Committee, by majority vote, will:
a) Approve an Individual’s position; or
b) Deny an Individual’s position; or
c) Approve an individual’s position subject to terms and conditions as the Screening Committee deems appropriate
12. The Screening Committee will render its decision and provide notice of its decision to the Individual and the Association. After providing notice, the Screening Committee will return or destroy the documents and PRC-VSs, unless requested by the Individual to be returned.
13. Screening Disclosure Forms and PRC-VSs are valid for a period of three years. However, the Screening Committee or the Association may request that an Individual provide a PRC-VS or a Screening Disclosure Form for review and consideration at any time. Such request will be in writing.
14. Provided a pardon has not been granted, the following examples are considered to be relevant offenses:
a) If imposed in the last five years:
i. Any conduct involving the use of a motor vehicle, including but not limited to impaired driving
ii. Any conduct for trafficking and/or possession of drugs, narcotics or other illegal substances
iii. Any conduct involving conduct against public morals
b) If imposed in the last ten years:
i. Any conduct of violence including, but not limited to, all forms of assault
ii. Any conduct involving a minor or minors
c) If imposed at any time:
i. Any conduct involving the possession, distribution, or sale of any child-related pornography
ii. Any sexual offense
iii. Any conduct involving theft or fraud
15. All records will be maintained in a confidential manner and will not be disclosed to others except as required by law, or for use in legal, quasi-legal, or disciplinary proceedings.
16. An individual’s conviction for any of the following Criminal Code offenses may result in expulsion from the Association and/or removal from any designated position, competition, program, activity or event upon the sole discretion of the Association:
a) Any offense of physical or psychological violence
b) Any crime of violence including but not limited to, all forms of assault
c) Any offense involving trafficking of illegal drugs
d) Any offense involving the possession, distribution, or sale of any child-related pornography
e) Any sexual offense
f) Any offense involving theft or fraud