WHISTLEBLOWER POLICY

Definitions

  1. The following terms have these meanings in this Policy:
  1. Director – An individual appointed or elected to York Curling Club’s Board of Directors
  2. Worker – An individual who has signed an Employment Agreement or Contractor Agreement with York Curling Club

Purpose

  1. The purpose of this Policy is to allow Workers to have a discrete and safe procedure by which they can disclose incidents of wrongdoing in the workplace without fear of unfair treatment or reprisal.

Application

  1. This Policy only applies to Workers who observe or experience incidents of wrongdoing committed by Directors or by other Workers.

  1. Incidents of wrongdoing or misconduct observed or experienced by participants, volunteers, spectators, parents of participants, or other individuals not employed or contracted by York Curling Club can be reported under the terms of York Curling Club’s Discipline and Complaints Policy and/or reported to York Curling Club’s Board or Executive Director to be handled under the terms of the individual Worker’s Employment Agreement or Contractor Agreement, as applicable, and/or any other relevant and applicable York Curling Club policy.

  1. Matters reported under the terms of this Policy may be referred to be heard under York Curling Club’s Discipline and Complaints Policy, at the discretion of the Compliance Officer.

Wrongdoing

  1. Wrongdoing can be defined as:
  1. Violating the law;
  2. Intentionally or seriously breaching of York Curling Club’s Code of Conduct and Ethics;
  3. Intentionally or seriously breaching York Curling Club’s policies for workplace violence and harassment;
  4. Committing or ignoring risks to the life, health, or safety of a participant, volunteer, Worker, or other individual;
  5. Directing an individual or Worker to commit a crime, serious breach of a policy of York Curling Club, or other wrongful act; or
  6. Fraud.

Pledge

  1. York Curling Club pledges not to dismiss, penalize, discipline, or retaliate or discriminate against any Worker who discloses information or submits, in good faith, a report against a Worker under the terms of this Policy.

  1. Any individual affiliated with York Curling Club who breaks this Pledge will be subject to disciplinary action.

Reporting Wrongdoing

  1. A Worker who believes that a Director or another Worker has committed an incident of wrongdoing should prepare a report that includes the following:
  1. Written description of the act or actions that comprise the alleged wrongdoing, including the date and time of the action(s);
  2. Identities and roles of other individuals or Workers (if any) who may be aware of, affected by, or complicit in, the wrongdoing;
  3. Why the act or action should be considered to be wrongdoing; and
  4. How the wrongdoing affects the Worker submitting the report (if applicable).

Authority

  1. York Curling Club has appointed the following Compliance Officer to receive reports made under this Policy:

Chair of the Board of Directors

president@yorkcurlingclub.ca

  1. After receiving the report, the Compliance Officer has the responsibility to:
  1. Assure the Worker of York Curling Club’s Pledge
  2. Connect the Worker to the Alternate Liaison if the individual feels that he or she cannot act in an unbiased or discrete manner due to the individual’s role with York Curling Club and/or the content of the report
  3. Determine if the report is frivolous, vexatious, or not submitted in good faith (e.g., the submission of the report is motivated by personal interests and/or the content of the report is obviously false or malicious)
  4. Determine if York Curling Club’s Whistleblower Policy applies or if the matter should be handled under York Curling Club’s Discipline and Complaints Policy
  5. Determine if the local police service be contacted
  6. Determine if mediation or alternate dispute resolution can be used to resolve the issue
  7. Determine if York Curling Club’s Chairperson should or can be notified of the report
  8. Begin an investigation

Alternate Liaison

  1. If the Worker feels that the Compliance Officer is unable to act in an unbiased or discrete manner due to the individual’s role with York Curling Club and/or the content of the report, the Worker should contact the following individual who will act as an independent liaison between the Worker and the Compliance Officer:

Membership Director of the Board of Directors

membership@yorkcurlingclub.ca

  1. The Alternate Liaison will not disclose the Worker’s identity to the Compliance Officer or to anyone affiliated with York Curling Club without the Worker’s consent.

  1. A Worker who is unsure if he or she should submit a report, or who does not want to have his or her identity known, may contact the Alternate Liaison for informal advice about the process.

Investigation

  1. If the Compliance Officer determines that an investigation should be launched, the Compliance Officer may decide to contract an external investigator. In such cases, York Curling Club’s Chairperson may be notified that an investigation conducted by an external investigator is necessary without the nature of the investigation, content of the report, or identity of the Worker who submitted the report being disclosed. York Curling Club’s Chairperson may not unreasonably refuse the decision to contract an external investigator
  2. An investigation launched by the Compliance Officer or by an external investigator should generally take the following form:
  1. Followup interview with the Worker who submitted the report
  2. Identification of Workers, participants, volunteers or other individuals that may have been affected by the wrongdoing
  3. Interviews with such-affected individuals
  4. Interview with the Director(s) or Worker(s) against whom the report was submitted
  5. Interview with the supervisor(s) of the Director(s) or Worker(s) against whom the report was submitted

  1. In all stages of the investigation, the investigator will take every precaution to protect the identity of the Worker who submitted the report and/or the specific nature of the report itself. However, York Curling Club recognizes that there are some instances where the nature of the report and/or the identity of the Worker who submitted the report will or may be inadvertently deduced by individuals participating in the investigation.

  1. The investigator will prepare an Investigator’s Report – omitting names whenever possible and striving to ensure confidentiality – that will be submitted to York Curling Club’s Chairperson for review and action.

Decision

  1. Within fourteen (14) days after receiving the Investigator’s Report, York Curling Club’s Chairperson and will take corrective action, as required. Corrective action may include, but is not limited to including:
  1. Enacting and/or enforcing policies and procedures aimed at eliminating the wrongdoing or further opportunities for wrongdoing;
  2. Revision of job descriptions; or
  3. Discipline, suspension, termination, or other action as permitted by York Curling Club’s Bylaws, provincial employment legislation, any relevant and applicable York Curling Club policy, and/or the Worker’s Employment Agreement or Contractor Agreement.

  1. The corrective action, if any, will be communicated to the investigator who will then inform the Worker who submitted the report.

  1. Decisions made under the terms of this Policy may be appealed under the terms of York Curling Club’s Appeal Policy provided that:
  1. If the Worker who submitted the initial report is appealing the decision, the Worker understands that his or her identity must be revealed if he or she submits an appeal, and
  2. If the Director or Worker against whom the initial report was submitted is appealing the decision, the Worker or Director understands that the identity of the Worker who submitted the report will not be revealed and that York Curling Club will act as the Respondent

Confidentiality

  1. Confidentiality at all stages of the procedures outlined in this Policy – from the initial report to the final decision – is assured for all individuals (the Worker, the Worker(s) against whom the report is submitted, and the individuals interviewed during the investigation). An individual who intentionally breaches the confidentiality clause of this Policy will be subject to disciplinary action.