1. The following terms have these meanings in this Policy:
a) “Criminal Record Check (CRC)” – A search of the RCMP Canadian Police Information Centre (CPIC) system for adult convictions
b) “Local Police Information (LPI)” – additional conviction and selected non-conviction information in national and local police data sources which may be relevant to the position sought
c) “Enhanced Police Information Check (E-PIC)” – a Criminal Record Check plus a search of local police information, available from SterlingBackcheck
d) “Vulnerable Sector Check (VSC)” – a detailed check that includes a search of the RCMP Canadian Police Information Centre (CPIC) system, local police information, and the Pardoned Sex Offender database
e) “Vulnerable Individuals” – A person under the age of 18 years old and/or a person who, because of age, disability or other circumstance, is in a position of dependence on others or is otherwise at a greater risk than the general population of being harmed by people in positions of trust or authority
2. Softball Canada understands that screening personnel and volunteers 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 whose position with Softball Canada is one of trust or authority which may relate to, at a minimum, finances, supervision, or Vulnerable Individuals.
4. Not all individuals associated with Softball Canada will be required to obtain a criminal record check or submit screening documents because not all positions pose a risk of harm to Softball Canada or to its participants. Softball Canada will determine which individuals will be subject to screening using the following guidelines (Softball Canada may vary the guidelines at its discretion):
Level 1 – Low Risk - Individuals involved in low risk assignments who are not in a supervisory role, not directing others, not involved with finances, and/or do not have unsupervised access to Vulnerable Individuals. Examples:
a) Parents, youth, or volunteers who are helping out on a non-regular or informal basis
b) Committee members/representatives (no direct access)
Level 2 – Medium Risk – Individuals involved in medium risk assignments who may be in a supervisory role, may direct others, may be involved with finances, and/or who may have limited access to Vulnerable Individuals. Examples:
Level 3 – High Risk – Individuals involved in high risk assignments who occupy positions of trust and/or authority, have a supervisory role, direct others, are involved with finances, and those who have frequent or unsupervised access to Vulnerable Individuals. Examples:
5. The implementation of this policy is the responsibility of Softball Canada’s Screening Committee which is a committee of either one (1) or three (3) members appointed by Softball Canada. Softball Canada will ensure that the members appointed to the Screening Committee possess the requisite skills, knowledge and abilities to accurately screening documents and render decisions under this Policy.
6. The Screening Committee will carry out its duties, in accordance with the terms of this policy, independent of the Board.
7. The Screening Committee is responsible for reviewing all documents submitted and, based on the review, making decisions regarding the appropriateness of individuals filling positions within the Softball Canada. 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.
8. It is Softball Canada’s policy that when an individual is first engaged by Softball Canada:
d) If an individual subsequently receives a charge, conviction for, or is found guilty of, an offense they will report this circumstance immediately to Softball Canada. Additionally, the individual will inform Softball Canada of any changes in their circumstance that would alter their original responses in their Screening Disclosure Form.
e) If Softball Canada learns that an individual has provided false, inaccurate, or misleading information, the individual will immediately be removed from their position and may be subject to further discipline in accordance with Softball Canada’s Discipline and Complaints Policy.
9. Softball Canada defines a young person as someone who is younger than 18 years old. When screening young people, Softball Canada will:
10. Notwithstanding the above, Softball Canada may ask a young person to obtain a VSC or E-PIC if Softball Canada suspects the young person has an adult conviction and therefore has a criminal record. In these circumstances, Softball Canada will be clear in its request that it is not asking for the young person’s youth record. Softball Canada understands that it may not request to see a young person’s youth record.
11. Unless the Screening Committee determines, on a case-by-case basis, to modify the submission requirements, individuals who are required to submit an E-PIC, Screening Disclosure Form, VSC, or Screening Renewal Form, are required to submit the documents as follows:
12. The Screening Committee may request that an individual provide any of the above documents at any time. Such request will be in writing and reasons will be provided for the request.
ORIENTATION, TRAINING, AND MONITORING
13. The type and amount of orientation, training, and monitoring will be based on the individual’s level of risk, at Softball Canada’s discretion.
14. Orientation may include, but is not limited to: introductory presentations, facility tours, equipment demonstrations, parent/athlete meetings, meetings with colleagues and supervisors, orientation manuals, orientation sessions, and increased supervision during initial tasks or initial period of engagement.
15. Training may include, but is not limited to: certification courses, online learning, mentoring, workshop sessions, webinars, on-site demonstrations, and peer feedback.
16. At the conclusion of orientation and training, the individual will be required to acknowledge, in written form, that they have received and completed the orientation and training.
17. Monitoring may include but is not limited to: written or oral reports, observations, tracking, electronic surveillance (e.g., facility security cameras), and site visits.
HOW TO OBTAIN AN E-PIC OR VSC
18. Softball Canada has joined the Coaching Association of Canada’s Responsible Coaching Movement and therefore has access to the E-PIC at a discounted rate. Individuals will be provided a link to obtain an E-PIC via Softball Canada’s Screening Committee Chair as directed in application of this policy.
19. In Ontario, Softball Canada understands that the Police Record Checks Reform Act, 2015 requires the individual to consent in writing before requesting a criminal record check (such as an E-PIC). The Act also requires the individual to consent in writing for any disclosure of the results to the requesting organization.
20. In BC, the process for obtaining a Criminal Record Check is different than in other provinces and territories and sections of this policy relating to obtaining a Criminal Record Check may not apply. In such cases, the Screening Committee will provide individuals with directions pursuant to the following website: https://www.viasport.ca/free-criminal-records-checks
21. Individuals may only obtain a VSC by visiting an RCMP office or police station, submitting two pieces of government-issued identification (one of which must have a photo), and completing any required paperwork. Fees may also be required.
22. Fingerprinting may be required if there is a positive match with the individual’s gender and birth date.
23. Softball Canada understands that it may be required to assist an individual with obtaining a VSC. Softball Canada may need to submit a Request for VSC (Appendix D) or complete other documentation describing the nature of the organization and the individual’s role with vulnerable individuals.
24. Screening documents must be submitted to the Safe Sport Manager:
Kristin Noonan - firstname.lastname@example.org
25. An individual who refuses or fails to provide the necessary screening documents will be ineligible to volunteer or apply for the position sought. The individual will be informed that their application and/or position will not proceed until such time as the screening documents are submitted.
26. Softball Canada understands that there may be delays in receiving the results of an E-PIC or a VSC. At its discretion, Softball Canada may permit the individual to participate in the role during the delay. Softball Canada may withdraw this permission at any time and for any reason.
27. Softball Canada recognizes that different information will be available depending on the type of screening document that the individual has submitted. For example, an E-PIC may show details of a specific offense, or not, and/or a VSC may be returned with specific information or simply a notification indicating ‘cleared’ or ‘not cleared’. The Screening Committee will use its expertise and discretion when making decisions based on the screening documents that have been submitted.
28. Following the review of the screening documents, the Screening Committee will decide:
29. In making its decision, the Screening Committee will consider the type of offense, date of offense, and relevance of the offense to the position sought.
30. The Screening Committee must decide that an individual has not passed screening if the screening documentation reveals any of the following:
CONDITIONS AND MONITORING
31. Excluding the incidents above which, if revealed, would cause the individual to not pass screening, the Screening Committee may determine that incidents revealed on an individual’s screening documents may allow the individual to pass the screening process and participate in a desired position with conditions imposed. The Screening Committee may apply and remove conditions at its discretion and will determine the means by which adherence to conditions may be monitored.
32. 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.
33. The records kept by Softball Canada as part of the screening process include but are not limited to: