Definitions

1. The following terms have these meanings in this Policy:
   1. “Athlete” – An individual who is an Athlete Participant in Basketball Yukon
   2. “Affected Party” – Any individual or entity, as determined by the Appeal Manager, who may be affected by a decision rendered under this Policy and who may have recourse to an appeal in their own right.
   3. “Appeal Manager” – An individual, who may be any staff member, Committee Member, volunteer, Director, or an independent third party, who is appointed to oversee this Policy. The Appeal Manager will have responsibilities that include using decision making authority empowered by this Policy.
   4. “Appellant” – The Party appealing a decision.
   5. “Days” – Days including weekends and holidays.
   6. “Participants” – Refers to all categories of individual members and/or registrants defined in the By-laws of Basketball Yukon who are subject to the policies of Basketball Yukon, as well as all people employed by, contracted by, or engaged in activities with Basketball Yukon including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, and Directors and Officers
   7. “Parties” – The Appellant, Respondent, and any other Participants affected by the appeal.
   8. “Respondent” – The body whose decision is being appealed.

Purpose

2. Basketball Yukon is committed to providing an environment in which all Participants involved with Basketball Yukon are treated with respect and fairness. Basketball Yukon provides Participants with this Appeal Policy to enable fair, affordable, and expedient appeals of certain decisions made by Basketball Yukon. Further, some decisions made by the process outlined in the Discipline and Complaints Policy may be appealed under this Policy.

Scope and Application of this Policy

3. This Policy applies to all Participants. Any Individual who is directly affected by a decision by Basketball Yukon shall have the right to appeal that decision provided there are sufficient grounds for the appeal under the ‘Grounds for Appeal’ section of this Policy.
4. This Policy will apply to decisions relating to:
   1. Eligibility
   2. Selection
   3. Conflict of Interest
   4. Discipline
   5. Membership
5. This Policy will not apply to decisions relating to:
   1. Employment
   2. Infractions for doping offenses
   3. The rules of the sport
   4. Selection criteria, quotas, policies, and procedures established by entities other than Basketball Yukon
   5. Substance, content, and establishment of team selection criteria
   6. Volunteer/coach appointments and the withdrawal or termination of those appointments
   7. Budgeting and budget implementation
   8. Basketball Yukon’s operational structure and committee appointments
   9. Decisions or discipline arising within the business, activities, or events organized by entities other than Basketball Yukon (appeals of these decisions shall be dealt with pursuant to the policies of those other entities unless requested and accepted by the Organization at its sole discretion)
   10. Commercial matters for which another appeals process exists under a contract or applicable law.
   11. Decisions made under this Policy.

Timing of Appeal

6. Participants who wish to appeal a decision have seven (7) days from the date on which they received notice of the decision to submit, in writing to Basketball Yukon, the following:
1. Notice of the intention to appeal.
2. Contact information and status of the Appellant
3. Name of the Respondent and any Affected Parties, when known to the Appellant
4. Date the appellant was advised of the decision being appealed.
5. A copy of the decision being appealed, or description of decision if written document is not available.
6. Grounds for the appeal
7. Grounds for the appeal
8. All evidence that supports these grounds
9. Requested remedy or remedies.
10. An administration fee of one hundred dollars ($100), which will be refunded if the appeal is upheld.
7. A Participant who wishes to initiate an appeal beyond the seven (7) day period must provide a written request stating the reasons for an exemption. The decision to allow, or not allow an appeal outside of the seven (7) day period will be at the sole discretion of the Appeal Manager and may not be appealed.

Grounds for Appeal

8. A decision cannot be appealed on its merits alone. An appeal may only be heard if there are sufficient grounds for appeal. Sufficient grounds include the Respondent:
1. Made a decision that it did not have the authority or jurisdiction (as set out in the Respondent’s governing documents) to make.
2. Failed to follow its own procedures (as set out in the Respondent’s governing documents)
3. Made a decision that was influenced by bias (where bias is defined as a lack of neutrality to such an extent that the decision-maker appears not to have considered other views)
4. Failed to consider relevant information or took into account irrelevant information in making the decision.
5. Made a decision that was grossly unreasonable.
9. The Appellant must demonstrate, on a balance of probabilities, that the Respondent has made a procedural error as described in the ‘Grounds for Appeal’ section of this Policy and that this error had, or may reasonably have had, a material effect on the decision or decision-maker.

Screening of Appeal

10. Upon receiving the notice of the appeal, the fee, and all other information (outlined in the ‘Timing of Appeal’ section of this Policy), Basketball Yukon and the Appellant may first determine the appeal to be considered under Basketball Yukon’s Dispute Resolution Policy.
11. Appeals resolved by mediation under the Dispute Resolution Policy will cause the administration fee to be refunded to the Appellant.
12. Should the appeal not be resolved by using the Dispute Resolution Policy, Basketball Yukon will appoint an independent Appeal Manager (who must not be in a conflict of interest) who has the following responsibilities:
    1. Determine if the appeal falls under the scope of this Policy.
    2. Determine if the appeal was submitted in a timely manner.
    3. Decide whether there are sufficient grounds for the appeal.
13. If the appeal is denied on the basis of insufficient grounds because it was not submitted in a timely manner, or because it did not fall under the scope of this Policy, the Appellant will be notified, in writing, of the reasons for this decision. This decision may not be appealed.
14. If the Appeal Manager is satisfied there are sufficient grounds for an appeal, the Appeal Manager will appoint an Appeals Panel which shall consist of a single Arbitrator, to hear the appeal. In extraordinary circumstances, and at the discretion of the Appeal Manager, a Panel of three persons may be appointed to hear the appeal. In this event, the Appeal Manager will appoint one of the Panel’s
    members to serve as the Chair.

Determination of Affected Parties

15. In order to confirm the identification of any Affected Parties, the Appeal Manager will ask Basketball Yukon’s Board of Directors. The Appeal Manager may determine whether a party is an Affected Party in their sole discretion.

Procedure for Appeal Hearing

16. The Appeal Manager shall notify the Parties that the appeal will be heard. The Appeal Manager shall then decide the format under which the appeal will be heard. This decision is at the sole discretion of the Appeal Manager and may not be appealed.
17. If a Party chooses not to participate in the hearing, the hearing will proceed in any event.
18. The format of the hearing may involve an oral in-person hearing, an oral hearing by telephone or other electronic means, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the Appeal Manager and the Panel deem appropriate in the circumstances, provided that:
    1. The hearing will be held within a timeline determined by the Appeal Manager
    2. The Parties will be given 7-days’ notice of the day, time, and place of the hearing.
    3. Copies of any written documents which the parties wish to have the Panel consider will be provided to all Parties in advance of the hearing.
    4. The Parties may be accompanied by a representative, advisor, or legal counsel at their own expense.
    5. The Panel may request that any other individual participate and give evidence at the hearing.
    6. The Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the appeal but may exclude such evidence that is unduly repetitious and shall place such weight on the evidence as it deems appropriate.
    7. If a decision in the appeal may affect another party to the extent that the other party would have recourse to an appeal in their own right under this Policy, that party will become a party to the appeal in question and will be bound by its outcome.
    8. The decision to uphold or reject the appeal will be by a majority vote of Panel members
19. In fulfilling its duties, the Panel may obtain independent advice.

Appeal Decision

20. The Panel shall issue its decision, in writing and with reasons, within fourteen (14) days after the
    hearing’s conclusion. In making its decision, the Panel will have no greater authority than that of the
    original decision-maker. The Panel may decide to:
    1. Reject the appeal and confirm the decision being appealed.
    2. Uphold the appeal and refer the matter back to the initial decision-maker for a new decision.
    3. Uphold the appeal and vary the decision.
21. The Panel’s written decision, with reasons, will be distributed to all Parties, the Appeal Manager, and
    Basketball Yukon. In extraordinary circumstances, the Panel may first issue a verbal or summary
    decision soon after the hearing’s conclusion, with the full written decision to be issued thereafter. The
    decision will be considered a matter of public record unless decided otherwise by the Panel.

Timelines

22. If the circumstances of the appeal are such that adhering to the timelines outlined by this Policy will not allow a timely resolution to the appeal, the Appeal Manager and/or Panel may direct that these timelines be revised.

Confidentiality

23. The appeals process is confidential and involves only the Parties, the Appeal Manager, the Panel, and any independent advisors to the Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information to any person not involved in the proceedings.

Final and Binding

24. No action or legal proceeding will be commenced against Basketball Yukon or Participants in respect of a dispute, unless the Organization has refused or failed to provide or abide by the dispute resolution process and/or appeal process as set out in the Organization’s governing documents.

1. Definitions and Interpretation

1.1 Definitions
In these bylaws:

1. 1. “Act” means the Yukon Societies Act and the regulations under the Act, as amended from time to time.
   2. “Board” means the directors of the Society.
   3. “Bylaws” means these bylaws.
   4. “Constitution” means the constitution of the Society.
   5. “Director” means an individual who has been designated, elected or appointed, in accordance with the Act, as a director of the Society.
   6. “General Meeting” means a general meeting of the members of the Society.
   7. “Officer” means an individual who has been appointed, in accordance with the Act, as an officer of the Society.

1.2 Definitions in Act
The definitions in the Act apply to these Bylaws.

1.3 Conflict with Act
If there is a conflict between these Bylaws and the Act, the Act shall prevail.

1.4 Act Applies
These Bylaws are intended to be read in conjunction with the Act.

2. Members

2.1 Application for membership

1. 1. A person may apply to the Board for membership to Basketball Yukon. The person who becomes a member of Basketball Yukon on the Board’s acceptance of the application and receipt of payment of membership dues, if any.
   2. A person is a member of Basketball Yukon if that person is a member of any of Basketball Yukon’s affiliates (e.g., Wolf Pack, Filipino Canadian Basketball League Yukon, Yukon Men’s Basketball League, Whitehorse Women’s Basketball League and Lynx Basketball.

2.2 Membership Status and Dues

1. 1. Duration – Unless otherwise determined by the Board, the membership year of the Society will be April 1 to March 31.
   2. Dues – Membership dues will be determined annually by the Board.
   3. Duration – Membership duration is accorded on an annual basis.
   4. Deadline – Members will be notified in writing of the membership dues at any time payable, and if the membership dues are not paid within sixty (60) days of the membership.
   5. If BY elects to increase membership fees they need to notify members prior to September 15 of the fiscal year that the fees will be increased.

2.3 Duties
Every member must uphold the Constitution and must comply with these Bylaws.

2.4 Classes
There is only one class of members in the Society. Every member is a voting member.

2.5 Termination of membership
A person’s membership in the Society is terminated:

1. 1. When the person has failed to pay the membership dues, if any, when due; and
   2. Upon being expelled or suspended.

2.6 Rights
Every member is entitled to those rights afforded to members under the Act and these Bylaws, including, but not limited to, the right to vote on every matter in respect of which a vote of the members is held and the right to elect or appoint the Directors.

3. General Meetings of the members

3.1 General Meetings
An annual General Meeting must be held in accordance with the Act at the time and place the Board determines. The Board may, at any time, call other General Meetings. Members may request a General Meeting in accordance with the Act.

3.2 Ordinary business
At a General Meeting, the following business is ordinary business:

1. 1. Adoption of rules of order and agenda.
   2. Consideration of any financial statements of the Society presented to the meeting.
   3. Consideration of the reports, if any, of Directors or accountant.
   4. Election of or appointment of Directors.
   5. Appointment of an accountant, if any; and
   6. Business arising out of a report of the Directors that does not require the passing of a special resolution.

3.3 Notice of General Meeting
Written notice of the date, time and location of a General Meeting must:

1. 1. Be given in accordance with the Act.
   2. Be sent to the members at least 14 days before the meeting and not more than 60 days before the meeting.
   3. State the nature of any business, other than ordinary business, to be transacted at the meeting in sufficient detail to permit a member receiving the notice to form a reasoned judgment concerning that business; and
   4. Include the text of any resolution to be submitted to the meeting that, under the Act or the bylaws, must be passed as a special resolution.

3.4 Chair of General Meetings
The following individual shall preside as chair of a General Meeting:

1. 1. The individual, if any, appointed by the Board to preside as the chair.
   2. If the Board has not appointed an individual to preside as the chair or the individual appointed by the Board is unable to preside as the chair:
      1. The president, if any;
      2. The vice-president, if any, if the president is unable to preside as the chair; or
      3. A Director present at the meeting, if both the president and vice-president are unable to preside as chair, or if there is no president or vice-president; or
   3. If there is no individual entitled under (a) or (b), above, who is able to preside as the chair of the meeting within 30 minutes from the time set for holding the meeting, the members who are present shall elect a member present at the meeting to preside as the chair.

3.5 Quorum for General Meetings
A quorum for the transaction of business at a General Meeting is:

1. 1. When the number of Members present is 15 or less, 3 voting Members present will constitute a quorum.
   2. When the number of Members present is 16 or more, at least 20% of the voting members present will constitute a quorum.

3.6 Quorum required
Business, other than the election of the chair of the General Meeting and the adjournment or termination of the meeting, must not be transacted unless a quorum of members is present. If, at any time during a General Meeting, there ceases to be a quorum of members present, business then in progress must be suspended until there is a quorum present or until the meeting is adjourned or terminated.

3.7 Lack of quorum at General Meetings
If, within 30 minutes from the time set for holding a General Meeting, a quorum is not present:

1. 1. The meeting stands adjourned to the same day in the next week, at the same time and place or, if the place is not available, at such other place as may be determined by the chair with notice to the members.
   2. If, at the continuation of the adjourned meeting, a quorum is not present within 30 minutes from the time set for holding the continuation of the adjourned meeting, the members who are present constitute a quorum for that meeting.

3.8 Adjournments of General Meetings
The chair of a General Meeting may, or if so directed by the members at the meeting, must, adjourn the meeting from time to time and from place to place, but no business may be transacted at the continuation of the adjourned meeting other than business left unfinished at the adjourned meeting. It is not necessary to give notice of a continuation of an adjourned General Meeting or of the business to be transacted at a continuation of an adjourned General Meeting except that, when a General Meeting is adjourned for 30 days or more, written notice of the continuation of the adjourned meeting must be given in accordance with the Act and these bylaws.

3.9 Order of business at a General Meeting
The order of business at a General Meeting is as follows:

1. 1. Elect an individual to chair the meeting, if necessary.
   2. Determine that there is a quorum.
   3. Approve the agenda.
   4. Approve the minutes from the last General Meeting.
   5. Deal with unfinished business from the last General Meeting.
   6. If the meeting is an annual General Meeting:
      1. Receive the Directors’ report on the financial statements of the Society for the previous financial year, and the accountant’s report, if any, on those statements.
      2. Receive any other reports of Directors’ activities and decisions since the previous annual General Meeting.
      3. Elect or appoint Directors; and
      4. Appoint an accountant, if any.
   7. Deal with new business, including any matters about which notice has been given to the members in the notice of meeting.
   8. Terminate the meeting.

3.10 Attendance at General Meeting by telephone or another communications medium
Members may participate in a General Meeting by telephone or other communications medium. The Board must take such reasonable steps as are required to enable all persons participating in the meeting, whether by telephone, by other communications medium, or in person, to communicate with each other during the meeting.

3.11 Methods of voting by members in attendance at General Meeting
At a General Meeting, voting must be by a show of hands, an oral vote or another method that adequately discloses the intention of the members, except that if, before or after such a vote, two or more members request a secret ballot or a secret ballot is directed by the chair, voting must be by secret ballot. If one or more members vote at a General Meeting while participating in the General Meeting by telephone or other communications medium, the vote must be conducted in a manner that adequately discloses the intentions of the members.

3.12 Proxies
Voting by proxy is not permitted.

3.13 Vote at a General Meeting
A matter to be decided at a General Meeting must be decided by ordinary resolution, unless the matter is required by the Act or these Bylaws to be decided by special resolution or by another resolution having a higher voting threshold than the threshold for an ordinary resolution.

3.14 Result of Vote
The chair of a General Meeting must announce the outcome of each vote. That outcome must be recorded in the minutes of the meeting. Whenever a vote that is not by written ballot is made, then unless a written ballot is required or demanded, a declaration by the chair that a resolution has been carried or lost shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour or against the motion.

4. Directors

4.1 Number of Directors

4.2 Basketball Yukon must have no fewer than six, and no more than 12, Directors. The members at a General Meeting shall determine the fixed number of Directors from time to time. At least one of the Directors must be ordinarily resident in Yukon.

4.3 Board eligibility (Membership)
A Director is required to be a member of the Society.

4.4 Election or appointment of Directors
Directors are elected by ordinary resolution of the members.

4.5 Term
Officers and Directors shall be elected each for a period of two (2) years in accordance with the following schedule:

1. 1. In odd-numbered years:
      1. President
      2. Two (2) Directors at Large)
   2. In even-numbered years
      1. Vice-President
      2. Two (2 Directors at Large)

4.6 Vacancies
The Board may appoint a member to fill a vacancy on the Board that arises as a result of a Director ceasing to hold office before the expiry of the Director’s term of office,. The Director appointed to fill the vacancy shall hold office for the balance of the term of their predecessor.

4.7 Removal of Directors
The position of Director may be considered vacant when:

1. 1. A Director fails to attend (3) regular Board Meetings, without reasonable cause and prior notification.
   2. The Director is removed for misconduct for good and sufficient cause after provisional decision of the Board of Directors or by resolution at its Annual General Meeting

4.8 Remuneration for being a Director
The Society must not remunerate a director for being a Director.

4.9 Remuneration of Directors for other than being a director
The Society may, subject to the Act, pay a director remuneration for services provided by the Director to the Society in a capacity other than as a Director.

4.10 Majority of Directors may not be employed by Society
A majority of Directors must not receive or be entitled to receive remuneration from the Society under contracts of employment or services.

4.11 Reimbursement of Expenses
The Society may reimburse a director for reasonable expenses necessarily incurred by the Director in performing their duties as a director.

5. Meetings of Directors

5.1 Calling Directors’ meeting
The Directors may meet at any location in Yukon and in any manner as determined by the Directors.

5.2 Notice of Directors’ meeting
At least two days’ notice of a directors’ meeting must be given, unless all the Directors agree to a shorter notice period.

5.3 Regular Board meetings
The Board may appoint a day or days in any month or months for regular meetings of the Board at a place and hour to be named. A copy of any resolution of the Board fixing the time and place of such regular meetings of the Board shall be sent to each Director, but no notice shall be required for any such regular meeting.

5.4 Quorum of Board meetings
A majority of the Directors in office constitutes a quorum at any meeting of Directors.

5.5 Board meetings may be held by electronic means
Any meeting of the Board may be held by means of telephone or other communication medium means that permits all participants in the meeting to communicate with each other. A Director participating in the meeting by that means shall be deemed to be present at the meeting.

5.6 Resolution without a meeting and without the consent of all Directors
The Directors may not pass a Board resolution without a meeting unless all Directors consent in writing to the resolution.

6. Officers

6.1 Election or appointment of Officers
The Board shall, as often as may be required, elect or appoint, from among the Directors, a president, a vice-president, and a secretary/treasurer or a secretary and a treasurer, and such other officers the Board deems necessary. A Director may hold more than one officer position.

6.2 Duties of Officers
The Officers shall have the following duties and powers associated with their positions:

1. 1. The president is the chair of the Board and will preside at the Annual and Special General Meetings of the Society and the meetings of the Board unless otherwise designated, will be the official spokesperson of the Society, and will perform such other duties as may from time to time be established by the Board.
   2. The vice-president will, in the absence or disability of the President, perform the duties and exercise the powers of the President, and will perform such other duties as may from time to time be established by the Board.

7. Signing Authority
Three members will have signing authority, two signatures are required for banking purposes (cheque signing). One of the three signatories must be the president or vice-president.

7.1 Execution of documents
A contract or other record to be signed by the Society must be signed on behalf of the Society by the President, Vice-President or a Director authorized by the Board to sign the contract or record on behalf of the Society. Any Director or Officer of the Society may certify a copy of any instrument, resolution, bylaw or other document of the Society to be a true copy thereof.

8. Borrowing

8.1 Borrowing powers
The Society may, subject to approval by the members at a General Meeting:

1. 1. Borrow money; and
   2. Issue debt obligations to any person and for any consideration.

9. Accountant

9.1 Requirement for Accountant

1. 1. If the Society is a Class B society, the Society is not required to have an accountant.
   2. If the Society is a Class A society, the Society is required to have an accountant. However, a Class A society may, by special resolution at an annual general meeting, waive the requirement to have an accountant for the fiscal year for which financial statements will be presented at next year’s annual general meeting. The Society may not waive the requirement to have an accountant for more than two consecutive fiscal years.

10. Distribution of property before dissolution or on liquidation

10.1 Distribution
The distribution of property before dissolution of the Society or on liquidation of the Society will be made in accordance with the Act.

UCCMS Definitions

1. The following terms are defined in the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”) and also provided in Appendix A:
   1. Consent
   2. Disclosure
   3. Duty to Report
   4. Grooming
   5. Maltreatment
   6. Minor
   7. Neglect
   8. Physical Maltreatment
   9. Power Imbalance
   10. Psychological Maltreatment
   11. Reporting (or Report)
   12. Sexual Maltreatment

Definitions

2. The following terms have these meanings in this Code:
   1. Athlete – An individual who is an Athlete Participant in Basketball Yukon who is subject to the policies of Basketball Yukon
   2. Abuse – Includes Psychological Maltreatment, Physical Maltreatment, Neglect, and/or Grooming of Vulnerable Participants by Persons in Authority and which can have the following warning signs:
      1. Recurrent unexplained injuries
      2. Alert behavior: child seems to always be expecting something bad to happen
      3. Often wears clothing that covers up their skin, even in warm weather
      4. Child startles easily, shies away from touch or shows other skittish behavior
      5. Constantly seems fearful or anxious about doing something wrong
      6. Withdrawn from peers and adults
      7. Behavior fluctuates between extremes (e.g., extremely cooperative, or extremely demanding)
      8. Acting either inappropriately beyond their age (like an adult; taking care of other children) or inappropriately younger than their age (like an infant; throwing tantrums)
      9. Acting out in an inappropriate sexual way with toys or objects
      10. New adult words for body parts and no obvious source
      11. Self-harm (e.g., cutting, burning or other harmful activities)
      12. Not wanting
   3. Bullying – is offensive behaviour and/or abusive treatment of a Participant that typically, but not always, involves an abuse of power. Examples of behaviour that may constitute Bullying include, but are not limited to:
      1. Spreading malicious rumours, gossip, or innuendos with the intent of causing harm or suffering to a Participant;
      2. Excluding or isolating a Participant socially with the intent of causing them harm or suffering;
      3. Making offensive jokes or derogatory comments to a Participant or to others;
      4. Yelling, verbally berating or using profanity;
      5. Assigning unreasonable duties or workload which are unfavourable to a Participant; or
      6. Any form of cyber bullying which can include:
         1. Sending mean or threatening emails or text/instant messages;
         2. Posting embarrassing photos of someone online
         3. Creating a website to make fun of others
         4. Pretending to be someone else
         5. Tricking someone into sending pictures or videos or revealing personal information
         6. Sending personal information (including pictures and videos) about someone else to a third-party
   4. Discrimination – Differential treatment of an individual based on one or more prohibited grounds which include race, citizenship, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, or disability
   5. Harassment – A course of vexatious comment or conduct against a Participant or group, which is known or ought reasonably to be known to be unwelcome. Types of behaviour that constitute Harassment include, but are not limited to:
      1. 1. Written or verbal abuse, threats, or outbursts;
         2. Persistent unwelcome remarks, jokes, comments, innuendo, or taunts;
         3. Racial harassment, which is racial slurs, jokes, name calling, or insulting behaviour or terminology that reinforces stereotypes or discounts abilities because of racial or ethnic origin;
         4. Leering or other suggestive or obscene gestures;
         5. Condescending or patronizing behaviour, which is intended to undermine self-esteem, diminish performance, or adversely affect working conditions;
         6. Practical jokes which endanger a person’s safety, or may negatively affect performance;
         7. Hazing – which is any form of conduct which exhibits any potentially humiliating, degrading, abusive, or dangerous activity expected of a junior-ranking individual by a more senior individual, which does not contribute to either individual’s positive development, but is required to be accepted as part of a team or group, regardless of the junior-ranking individual’s willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate or group member.
         8. Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing;
         9. Deliberately excluding or socially isolating a person from a group or team;
         10. Persistent sexual flirtations, advances, requests, or invitations;
         11. Physical or sexual assault;
         12. Contributing to a poisoned sport environment, which can include:
      2. Locations where material that is discriminatory is displayed (e.g., sexually explicit posters and racial/racist cartoons)
      3. Groups where harassing behaviour is part of the normal course of activities
      4. Behaviour that causes embarrassment, awkwardness, endangers a person’s safety or negatively affects performance.
      1. 8. Behaviours such as those described above that are not directed towards a specific person or group but have the same effect of creating a negative or hostile environment; and
         9. Retaliation or threats of retaliation against a person who reports harassment to the Organization
   6. Participants – Refers to all categories of individual members and/or registrants defined in the By-laws of the Organization who are subject the policies of the Organization, as well as all people employed by, contracted by, or engaged in activities with, the Organization including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, and Directors and Officers
   7. Person in Authority – Any Participant who holds a position of authority within the Organization including, but not limited to, coaches, instructors, officials, managers, support personnel, chaperones, committee members, and Directors and Officers
   8. Vulnerable Participants – Includes Minors and vulnerable adults (people who, because of age, disability, or other circumstance, are in a position of dependence on others or are otherwise at a greater risk than the general population of being harmed by people in positions of trust or authority)
   9. Workplace – Any place where business or work-related activities are conducted. Workplaces include but are not limited to, the registered office(s), work-related social functions, work assignments outside the registered office(s), work-related travel, the training and competition environment, and work-related conferences or training sessions
   10. Workplace Harassment –Aggravating comments or conduct against a worker in a Workplace that is known or ought reasonably to be known to be unwelcome. Workplace Harassment should not be confused with legitimate, reasonable management actions that are part of the normal work/training function, including measures to correct performance deficiencies, such as placing someone on a performance improvement plan, or imposing discipline for workplace infractions. Types of behaviour that constitute Workplace Harassment include, but are not limited to:
       1. Bullying;
       2. Workplace pranks, vandalism, or hazing;
       3. Repeated offensive or intimidating phone calls or emails;
       4. Inappropriate sexual touching, advances, suggestions or requests;
       5. Displaying or circulating offensive pictures, photographs, or materials in printed or electronic form;
       6. Psychological abuse;
       7. Excluding or ignoring someone, including persistent exclusion of a person from work-related social gatherings;
       8. Deliberately withholding information that would enable a person to do their job, perform or train;
       9. Sabotaging someone else’s work or performance;
       10. Gossiping or spreading malicious rumours;
       11. Intimidating words or conduct (offensive jokes or innuendos); and
       12. Words or actions which are known, or ought reasonably to be known, as offensive, embarrassing, humiliating, or demeaning.
   11. Workplace Violence – The use of or threat of physical force by a person against a worker in a Workplace that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker in a Workplace that could cause physical injury to the worker; or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker in a Workplace that could cause physical injury to the worker. Types of behaviour that constitute Workplace Violence include, but are not limited to:
       1. Verbal or written threats to attack;
       2. Sending to or leaving threatening notes or emails;
       3. Physically threatening behaviour;
       4. Wielding a weapon in a Workplace;
       5. Hitting, pinching or unwanted touching which is not accidental;
       6. Dangerous or threatening horseplay;
       7. Physical restraint or confinement;
       8. Blatant or intentional disregard for the safety or wellbeing of others;
       9. Blocking normal movement or physical interference, with or without the use of equipment;
       10. Sexual assault; and
       11. Any attempt to engage in the type of conduct outlined above

Purpose

3. The purpose of this Code is to ensure a safe and positive environment within the programs, activities, and events of Basketball Yukon by making Participants aware that there is an expectation, at all times, of appropriate behaviour consistent with the applicable organization’s core values and policies. Basketball Yukon supports equal opportunity, prohibit discriminatory practices, and is committed to providing an environment in which all individuals can safely participate in sport and are treated with respect and fairness.

Application of this Code

4. This Code applies to any Participant’s conduct during the business, activities, and events of Basketball Yukon including, but not limited to competitions, practices, evaluations, treatment, or consultations (e.g., massage therapy), training camps, travel associated with organizational activities, the office environment, and any meetings.
5. This Code also applies to Participants’ conduct outside of the business, activities, and events of Basketball Yukon when such conduct adversely affects the organization’s relationships (and the work and sport environment) or is detrimental to the image and reputation of Basketball Yukon. Such applicability will be determined by Basketball Yukon, as applicable, at its sole discretion.
6. This Code applies to Participants active in the sport or who have retired from the sport where any claim regarding a potential breach of this Code occurred when the Participant was active in the sport.
7. In addition, breaches of this Code may occur when the Participants involved interacted due to their mutual involvement in the sport or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Participant(s).
8. Any Participant who violates this Code may be subject to sanctions pursuant to the Discipline and Complaints Policy. In addition to facing possible sanctions pursuant to the Discipline and Complaints Policy, a Participant who violates this Code during a competition may be removed from the competition or training area, and the Participant may be subject to further sanctions.

Persons in Authority and Maltreatment

9. When they are a Person in Authority, Participants are responsible for knowing what constitutes Maltreatment. The categories of Maltreatment are not mutually exclusive, nor are the examples provided in each category an exhaustive list. Rather, what matters for the assessment of the Maltreatment is whether the conduct falls into one or more of the categories, not into which category it falls. Abuse, assault, Harassment, bullying, and hazing can be experienced in more than one category of Maltreatment.
10. Maltreatment can be any of the prohibited behaviours and conduct, provided the Maltreatment occurs in any one or a combination of the following situations (The physical location(s) where the alleged Maltreatment occurred is not determinative):
    1. Within a sport environment;
    2. When the Participant alleged to have committed Maltreatment was engaging in sport activities;
    3. When the Participants involved interacted due to their mutual involvement in sport; or
    4. Outside of the sport environment where the Maltreatment has a serious and detrimental impact on another Participant.
11. It is a violation of the Code for sport administrators or other Persons in Authority to place Participants in situations that make them vulnerable to Maltreatment. This includes, but is not limited to, instructing an Athlete and coach to share a hotel room when traveling, hiring a coach who has a history of Maltreatment, assigning guides and other support staff to a para-Athlete when the guide or support staff has a reputation for Maltreatment or assigning such a guide or support staff to a para-Athlete in the absence of consultation with the para-Athlete.

Responsibilities

12. Participants have a responsibility to:
    1. Refrain from any behaviour that constitutes Maltreatment, Discrimination, Harassment, Workplace Harassment, or Workplace Violence
    2. Maintain and enhance the dignity and self-esteem of other Participants by:
       1. Treating each other with the highest standards of fairness, honesty, respect and integrity;
       2. Focusing comments or criticism appropriately and avoiding public criticism of Athletes, coaches, officials, organizers, volunteers, employees, or other Participants;
       3. Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct;
       4. Acting, when appropriate, to correct or prevent practices that are unjustly discriminatory; and
       5. Ensuring adherence to the rules of the sport and the spirit of those rules.
    3. Abstain from the non-medical use of medications or drugs or the use of Prohibited Substances or Prohibited Methods as listed on the version of the World Anti-Doping Agency’s Prohibited List currently in force. More specifically, Basketball Yukon adopt and adhere to the Canadian Anti-Doping Program. Basketball Yukon will respect any sanction imposed on a Participant as a result of a breach of the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules
    4. Refrain from associating with any person for the purpose of coaching, training, competition, instruction, administration, management, athletic development, or supervision, who has been found to have committed an anti-doping rule violation and is serving a period of ineligibility imposed pursuant to the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules
    5. Reasonably cooperate with the CCES or another anti-doping organization that is investigating anti-doping rule violations
    6. Not harass, intimidate, or otherwise conduct themselves offensively towards a doping control official or other individual involved in doping control
    7. Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities
    8. Refrain from consuming alcohol, tobacco products, cannabis, or recreational drugs while participating in the programs, activities, competitions, or events of Basketball Yukon;
    9. In the case of Minors, not consume alcohol, tobacco, or cannabis at any competition or event;
    10. In the case of adults, not consume cannabis in the Workplace or in any situation associated with the events of Basketball Yukon (subject to any requirements for accommodation), not consume alcohol during training, competitions, or in situations where Minors are present, and take reasonable steps to manage the responsible consumption of alcohol in adult-oriented social situations
    11. When driving a vehicle:
        1. Have a valid driver’s license;
        2. Not be under the influence of alcohol or illegal drugs or substances;
        3. Have valid car insurance; and
        4. Refrain from distracted driving practices.
    12. Respect the property of others and not wilfully cause damage
    13. Promote sport in the most constructive and positive manner possible
    14. Refrain from engaging in deliberate cheating which is intended to manipulate the outcome of a para-classification, competition and/or not offer or receive any bribe which is intended to manipulate the outcome of a competition
    15. Adhere to all federal, provincial/territorial, municipal and host country laws
    16. Comply, at all times, with the By-laws, policies, procedures, and rules and regulations of Basketball Yukon, as applicable and as adopted and amended from time to time
    17. Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions involving a Participant to Basketball Yukon, including, but not limited to, those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method

Directors, Committee Members, and Staff

13. In addition to section 12 (above), Directors, Committee Members, and staff of Basketball Yukon will have additional responsibilities to:
    1. Function primarily as a Director or Committee Member or staff member of Basketball Yukon (as applicable) and not as a member of any other organization or constituency
    2. Ensure their loyalty prioritizes the interests of Basketball Yukon
    3. Ensure that financial affairs are conducted in a responsible and transparent manner with due regard for all fiduciary responsibilities
    4. Comply with the Screening Policy
    5. Conduct themselves openly, professionally, lawfully and in good faith
    6. Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward, or fear of criticism
    7. Behave with decorum appropriate to both circumstance and position
    8. Exercise the degree of care, diligence, and skill required in the performance of their duties pursuant to applicable laws
    9. Maintain confidentiality of private Basketball Yukon information
    10. Respect the decisions of the majority and resign if unable to do so
    11. Commit the time to attend meetings and be diligent in preparation for, and participation in, discussions at such meetings
    12. Have a thorough knowledge and understanding of all governance documents

Coaches, Instructors, Trainers, and Athlete Support Personnel

14. In addition to section 12 (above), coaches, instructors, trainers, and athlete support personnel have many additional responsibilities. The coach-Athlete relationship is a privileged one and plays a critical role in the personal, sport, and athletic development of the Athlete. Coaches must understand and respect the inherent power imbalance that exists in this relationship and must be extremely careful not to abuse it, either consciously or unconsciously. Coaches, instructors, trainers, and athlete support personnel will:
    1. Avoid any behaviour that abuses the Power Imbalance inherent in the coaching position to (i) establish or maintain a sexual relationship with an Athlete that they are coaching, or (ii) encourage inappropriate physical or emotional intimacy with an Athlete, regardless of the Athlete’s age
    2. Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability, and fitness level of the Athletes
    3. Prepare Athletes systematically and progressively, using appropriate time frames and monitoring physical and psychological adjustments while refraining from using training methods or techniques that may harm Athletes
    4. Avoid compromising the present and future health of Athletes by communicating and cooperating with sport medicine professionals in the diagnosis, treatment, and management of Athletes’ medical and psychological treatments
    5. Support the coaching staff of a training camp, provincial/territorial team, or national team, should an Athlete qualify for participation with one of these programs
    6. Accept and promote Athletes’ personal goals and refer Athletes to other coaches and sport specialists as appropriate
    7. Provide Athletes (and the parents/guardians of Minor Athletes) with the information necessary to be involved in the decisions that affect the Athlete
    8. Act in the best interest of the Athlete’s development as a whole person
    9. Comply with the Screening Policy
    10. Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions to Basketball Yukon (as applicable), including those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method
    11. Not coach, train, or otherwise support athletes if they use methods or substances prohibited by the Canadian Anti-Doping Program without valid and acceptable justification
    12. Under no circumstances provide, promote, or condone the use of drugs (other than properly prescribed medications) or prohibited substances or prohibited methods and, in the case of Minors, alcohol, cannabis, and/or tobacco
    13. Respect Athletes competing for other jurisdictions and, in dealings with them, not encroach upon topics or actions which are deemed to be within the realm of ‘coaching’, unless after first receiving approval from the coaches who are responsible for the Athletes
    14. Not engage in a sexual or intimate relationship with an Athlete of any age in which the coach is in a position of trust or authority
    15. Disclose to Basketball Yukon any sexual or intimate relationship with an athlete over the age of majority and immediately discontinue any coaching involvement with that athlete
    16. Recognize the power inherent in the position of coach and respect and promote the rights of all participants in sport. This is accomplished by establishing and following procedures for confidentiality (right to privacy), informed participation, and fair and reasonable treatment. Coaches have a special responsibility to respect and promote the rights of participants who are in a vulnerable or dependent position and less able to protect their own rights
    17. Dress professionally and use appropriate language

Athletes

15. 15. In addition to section 12 (above), Athletes will have additional responsibilities to:
    1. Adhere to their Athlete Agreement (if applicable)
    2. Report any medical problems in a timely fashion, when such problems may limit their ability to travel, practice, or compete
    3. Participate and appear on-time and prepared to participate to their best abilities in all competitions, practices, training sessions, and evaluations
    4. Properly represent themselves and not attempt to participate in a competition for which they are not eligible by reason of age, classification, or other reason
    5. Adhere to any rules and requirements regarding clothing and equipment
    6. Dress to represent the sport and themselves with professionalism
    7. Act in accordance with applicable policies and procedures and, when applicable, additional rules as outlined by coaches or managers

Officials

16. In addition to section 12 (above), officials will have additional responsibilities to:
    1. Maintain and update their knowledge of the rules and rules changes
    2. Not publicly criticize other officials
    3. Work within the boundaries of their position’s description while supporting the work of other officials
    4. Act as an ambassador of the sport by agreeing to enforce and abide by national and provincial/territorial rules and regulations
    5. Take ownership of actions and decisions made while officiating
    6. Respect the rights, dignity, and worth of all Participants
    7. Act openly, impartially, professionally, lawfully, and in good faith
    8. Be fair, equitable, considerate, independent, honest, and impartial in all dealings with others
    9. Respect the confidentiality required by issues of a sensitive nature, which may include discipline processes, appeals, and specific information or data about Participants
    10. Comply with the Screening Policy
    11. Honour all assignments unless unable to do so by virtue of illness or personal emergency, and in these cases inform a supervisor at the earliest possible time
    12. When writing reports, set out the actual facts to the best of their knowledge and recollection
    13. Dress in proper attire for officiating

Parents/Guardians and Spectators

17. In addition to section 12 (above), parents/guardians and spectators at events will:
    1. Encourage Athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence
    2. Condemn the use of violence in any form
    3. Never ridicule a participant for making a mistake during a competition or practice
    4. Respect the decisions and judgments of officials, and encourage Athletes to do the same
    5. Support all efforts to remove verbal and physical abuse, coercion, intimidation, and sarcasm
    6. Respect and show appreciation to all competitors, and to coaches, officials, and other volunteers
    7. Never harass competitors, coaches, officials, parents/guardians, or other spectators

 

Appendix A – Definitions from the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS)

The following definitions of terms are from version 5.1 of the UCCMS and have been adapted by the Organization:

 

1. Consent – Consent is defined in Canada’s Criminal Code as the voluntary agreement to engage in the sexual activity in question. The law focuses on what the person was actually thinking and feeling at the time of the sexual activity. Sexual touching is only lawful if the person affirmatively communicated their consent, whether through words or conduct. Silence or passivity does not equal consent. Sexual activity is only legal when both parties consent. The Criminal Code also says there is no consent when: Someone says or does something that shows they are not consenting to an activity; Someone says or does something to show they are not agreeing to continue an activity that has already started; Someone is incapable of consenting to the activity, because, for example, they are unconscious; The consent is a result of a someone abusing a position of trust, power or authority or someone consents on someone else’s behalf. A person cannot say they mistakenly believed a person was consenting if: that belief is based on their own intoxication; they were reckless about whether the person was consenting; they chose to ignore things that would tell them there was a lack of consent; or they didn’t take proper steps to check if there was consent. Sexual activity with a Minor is a criminal offence as is sexual activity with a person under the age of 18 years when the other person is in a position of trust or authority
2. Disclosure – The sharing of information by a Participant regarding an incident or a pattern of Maltreatment experienced by that Participant. Disclosure does not constitute a formal report that initiates a process of investigation to address the Maltreatment
3. Duty to Report
   1. Concerns Under Child Protection Legislation: A legal duty to report is mandated by law, and the requirement varies by province depending on provincial legislation. Everyone has a duty to report child abuse and neglect under Canadian child welfare laws. Professionals who work with children and youth have an added responsibility to report. Adults are obliged to report child Maltreatment if there is knowledge or suspicion that it is occurring. This is called the “duty to report.” Every person in Canada has the duty to report known or suspected child Maltreatment by law. Known or suspected abuse or Neglect of a child must be reported to: local child welfare services (e.g., children’s aid society or child and family services agency), or provincial/territorial social service ministries or departments, or local police
   2. Concerns Outside of Child Protection Legislation: Participants have a duty to report concerns of inappropriate conduct of other Participants to uphold the ethical standards and values of Canadian sport. Reporting inappropriate conduct is important to ensure proper action is taken and expectations are re-established. By addressing inappropriate conduct, a collective responsibility to protect Participants from Maltreatment is enacted
4. Grooming – Deliberate conduct by a Participant to sexualize a relationship with a Minor that involves the gradual blurring of boundaries and normalization of inappropriate and sexually abusive behaviour. During the grooming process, the Participant will gain the trust of the Minor and protective adults and peers around the Minor often under the guise of an existing relationship. Manipulation tactics are then used to blur perceptions and gain further access to and private time with the Minor in order to abuse or exploit the Minor. Grooming can occur whether or not harm is intended or results from the behaviour. (Grooming is also a prohibited behaviour listed under the definition of Maltreatment)
5. Maltreatment – Includes Maltreatment related to:
   1. Psychological Maltreatment – which includes, without limitation, verbal acts, non-assaultive physical acts, and acts that deny attention or support
      1. Verbal Acts – Verbally assaulting or attacking someone, including but not limited to: unwarranted personal criticisms; body shaming; derogatory comments related to one’s identity (e.g., race, gender identity or expression, ethnicity, Indigenous status, ability/disability); comments that are demeaning, humiliating, belittling, intimidating, insulting or threatening; the use of rumours or false statements about someone to diminish that person’s reputation; using confidential sport and non-sport information inappropriately. Verbal Maltreatment may also occur in online forms.
      2. Non-assaultive Physical Acts (no physical contact) – Physically aggressive behaviours, including but not limited to: throwing objects at or in the presence of others without striking another; hitting, striking, or punching objects in the presence of others
      3. Acts that Deny Attention or Support – Acts of commission that deny attention, lack of support or isolation including but not limited to: ignoring psychological needs or socially isolating a person repeatedly or for an extended period of time; abandonment of an Athlete as punishment for poor performance; arbitrarily or unreasonably denying feedback, training opportunities, support or attention for extended periods of time and/or asking others to do the same
   2. Physical Maltreatment – includes, without limitation, contact or non-contact behaviours that have the potential to cause physical harm
      1. Contact behaviours – Including but not limited to: deliberately punching, kicking, beating, biting, striking, strangling, or slapping another; deliberately hitting another with objects
      2. Non-contact behaviours – Including but not limited to: isolating a person in a confined space; forcing a person to assume a painful stance or position for no athletic purpose (e.g., requiring an Athlete to kneel on a hard surface); the use of exercise for the purposes of punishment; withholding, recommending against, or denying adequate hydration, nutrition, medical attention or sleep; denying access to a toilet; providing alcohol to a Participant under the legal drinking age; providing illegal drugs or non-prescribed medications to a Participant; encouraging or knowingly permitting an Athlete to return to play prematurely following any injury or after a concussion and without the clearance of a medical professional; encouraging an Athlete to perform a skill for which they are known to not be developmentally ready
   3. Sexual Maltreatment – includes, without limitation, any act targeting a person’s sexuality, gender identity or expression, that is committed, threatened, or attempted against a person, and includes but is not limited to the Criminal Code Offences of sexual assault, sexual exploitation, sexual interference, invitation to sexual touching, indecent exposure, voyeurism, and non-consensual distribution of sexual/intimate images. Sexual Maltreatment also includes sexual harassment and stalking, cyber harassment, and cyber stalking of a sexual nature. Examples include:
      1. Any penetration of any part of a person’s body, however slight, with any object or body part by a person upon another person
      2. Any intentional touching of a sexual nature of any part of a person’s body, however slight, with any object or body part by a person upon another person, including but not limited to:
         1. kissing;
         2. intentional touching of the breasts, buttocks, groin, or genitals, whether clothed or unclothed, or intentionally touching of another with any of these body parts;
         3. any contact, no matter how slight, between the mouth of one person and the genitalia of another person, and
         4. making another touch themselves, the Participant, or someone else with or on any of the body parts listed in b).
         5. any intentional touching in a sexualized manner of the relationship, context, or situation
      3. In addition to the criminal acts identified above, the UCCMS prohibits sexual relations between an Athlete above the age of majority (depending upon jurisdiction) and a Participant who holds a position of trust and authority on the basis that there can be no Consent where there is a Power Imbalance. A Power Imbalance that is presumed to exist may be challenged
   4.  Neglect – or acts of omission, includes without limitation: not providing an Athlete recovery time and/or treatment for a sport injury; not being aware of and not considering an individual’s physical or intellectual disability; not considering supervision of an Athlete during travel, training or competition; not considering the welfare of the Athlete when prescribing dieting or other weight control methods (e.g., weigh-ins, caliper tests); disregarding the use of performance-enhancing drugs by an Athlete; failure to ensure safety of equipment or environment; allowing an Athlete to disregard sport’s rules, regulations, and standards, subjecting Participants to the risk of Maltreatment
   5. Grooming – is often a slow, gradual, and escalating process of building trust and comfort with a young person. Grooming includes, without limitation, the process of making inappropriate behaviour seem normal and gradually engaging in ‘boundary violations’ which have been professionally-identified to Canadian standards (e.g., a degrading remark, a sexual joke, sexualized physical contact; adult Participants sharing rooms with a Minor who is not an immediate family member; providing a massage or other purported therapeutic interventions with no specific training or expertise; private social media and text communications; sharing personal photographs; shared use of locker rooms; private meetings; private travel, and providing gifts). The Grooming process:
      1. Grooming usually begins with subtle behaviours that do not appear to be inappropriate. Many victims/survivors of sexual abuse do not recognize the grooming process as it is happening, nor do they recognize that this process of manipulation is part of the overall abuse process.
      2. In the grooming process, the offender begins by gaining trust of adults around the young person. The offender establishes a friendship and gains the young person’s trust. Grooming then involves testing boundaries (e.g., telling sexual jokes, showing sexually explicit images, making sexual remarks). Typically, behaviour moves from non-sexual touching to “accidental” sexual touching
      3. The young person is often manipulated into feeling responsible for the contact, is discouraged from telling anyone else about the relationship, and is made to feel obligated to protect the offender. The offender also builds trust with those close to the young person so that the relationship with the young person is not questioned
   6. Interference with or Manipulation of Process – it is considered maltreatment if an adult Participant directly or indirectly interferes with a process by:
      1. falsifying, distorting, or misrepresenting information, the resolution process, or an outcome;
      2. destroying or concealing information;
      3. attempting to discourage an individual’s proper participation in or use of the processes of the organization;
      4. harassing or intimidating (verbally or physically) any person involved in the processes before, during, and/or following any proceedings of the Organization;
      5. publicly disclosing a Participant’s identifying information, without the Participant’s agreement;
      6. failing to comply with any temporary or provisional measure or other final sanction;
      7. distributing or otherwise publicizing materials a Participant gains access to during an investigation or hearing, except as required by law or as expressly permitted; or
         h. influencing or attempting to influence another person to interfere with or manipulate the process
   7. Retaliation – which means that a Participant shall not take an adverse action against any person for making a good faith Report of possible Maltreatment or for participating in any process related to alleged conduct violations. Retaliation includes threatening, intimidating, harassing, coercing, or any other conduct that would discourage a reasonable person from engaging or participating in the processes of the organization. Retaliation after the conclusion of investigation and sanction processes is also prohibited. Retaliation may be present even where there is a finding that no Maltreatment occurred. Retaliation does not include good-faith actions lawfully pursued in response to a Report of possible Maltreatment
   8. Aiding and Abetting – which is any act taken with the purpose of facilitating, promoting, or encouraging the commission of Maltreatment by a Participant. Aiding and Abetting also includes, without limitation, knowingly:
      1. allowing any person who has been suspended or is otherwise ineligible to be in any way associated with sport or to coach or instruct Participants;
      2. providing any coaching-related advice or service to an Athlete who has been suspended or is otherwise ineligible; and
      3. allowing any person to violate the terms of their suspension or any other sanctions imposed
   9. Reporting – it is considered Maltreatment to fail to report Maltreatment of a Minor. A legal Duty to Report is mandated by law, and the requirement varies by province depending on provincial legislation.
      1. Failure to Report Maltreatment of a Minor
         1. The obligation to Report requires the Reporting of any conduct which, if proven true, would constitute Psychological Maltreatment, Sexual Maltreatment, Physical Maltreatment or Neglect involving a Minor Participant. The obligation to Report is an ongoing one and is not satisfied simply by making an initial Report. The obligation includes Reporting, on a timely basis, all relevant information of which an adult Participant becomes aware
         2. The obligation to report includes making a direct Report
         3. The obligation to Report includes personally identifying information of a potential Minor Complainant to the extent known at the time of the Report, as well as a duty to reasonably supplement the Report as to identifying information learned at a later time
         4. Participants should not investigate or attempt to evaluate the credibility or validity of allegations involving Psychological Maltreatment, Sexual Maltreatment, Physical Maltreatment or Neglect. Participants making a good faith Report are not required to prove the Reports are true before Reporting
      2. Failure to Report Inappropriate Conduct
         1. Not all inappropriate conduct may meet the threshold for constituting Maltreatment. However, such inappropriate conduct may represent behaviour with the risk of escalating to Maltreatment. Any Participant who suspects or becomes aware of another Participant’s inappropriate conduct, even if it is not defined as Maltreatment, has a Duty to Report such inappropriate conduct through the organization’s internal procedures. Those in positions of trust and authority who become aware of another’s inappropriate conduct have a responsibility for reporting the concern within their organization’s policies and procedures. The person making the report does not need to determine whether a violation took place: instead, the responsibility lies in reporting the objective behaviour.
      3. Intentionally Filing a False Allegation
         1. An allegation is false if the events Reported did not occur, and the person making the Report knows the events did not occur
         2. A false allegation is different from an unsubstantiated allegation; an unsubstantiated allegation means there is insufficient supporting evidence to determine whether an allegation is true or false. Absent demonstrable bad faith, an unsubstantiated allegation alone is not grounds for a violation
6. Minor – Any Participant who is under the age of 19 at the time and in the jurisdiction where the alleged Maltreatment has occurred. Adults are responsible for knowing the age of a Minor.
7. Neglect – Any pattern or a single serious incident of lack of reasonable care, inattention to a Participant’s needs, nurturing or well-being, or omissions in care. Neglect is determined by the objective behaviour but the behaviour must be evaluated with consideration given to the Participant’s needs and requirements, not whether harm is intended or results from the behaviour. (Neglect is also a prohibited behaviour listed under the definition of Maltreatment)
8. Physical Maltreatment – Any pattern or a single serious incident of deliberate conduct that has the potential to be harmful to the physical well-being of the Participant. Physical Maltreatment includes, without limitation, contact or non-contact infliction of physical harm. Physical Maltreatment is determined by the objective behaviour, not whether harm is intended or results from the behaviour. (Physical Maltreatment is also a prohibited behaviour listed under the definition of Maltreatment)
9. Power Imbalance – A Power Imbalance may exist where, based on the totality of the circumstances, a Participant has supervisory, evaluative, a duty of care, or other authority over another Participant. A Power Imbalance may also exist between an Athlete and other adults involved in sport in positions such as high-performance directors, sport specific health-care providers, sport science support staff, care or support persons, guides, or pilots. Maltreatment occurs when this power is misused. Once a coach-Athlete relationship is established, a Power Imbalance is presumed to exist throughout the coach-Athlete relationship, regardless of age, and is presumed to continue for Minor Athletes after the coach-Athlete relationship terminates or until the Athlete reaches 25 years of age. A Power Imbalance may exist, but is not presumed, where an intimate relationship existed before the sport relationship commenced (e.g., a relationship between two spouses or life partners, or a sexual relationship between consenting adults that preceded the sport relationship).
10. Psychological Maltreatment – Any pattern or a single serious incident of deliberate conduct that has the potential to be harmful to the psychological well-being of the Participant. Psychological Maltreatment includes, without limitation, verbal conduct, non-assaultive physical conduct, and conduct that denies attention or support. Psychological Maltreatment is determined by the objective behaviour, not whether harm is intended or results from the behaviour. (Psychological Maltreatment is also a prohibited behaviour listed under the definition of Maltreatment)
11. Reporting (or Report) – The provision of information in writing by any person or a Participant to a relevant independent authority (the independent person or position, such as a Case Manager, charged with receiving a report and determining next steps) regarding Maltreatment. Reporting may occur through either: (i) the Complainant (of any age) or the one who experienced the Maltreatment, or (ii) a witness – someone who witnessed the Maltreatment or otherwise knows or suspects Maltreatment. In either case, the intention of Reporting is to initiate an independent investigative process, which could result in disciplinary action being taken against the Respondent
12. Sexual Maltreatment
    1. Involving a Child: Any form of adult/child sexualized interaction constitutes child sexual abuse. Sexual abuse of a child may occur through behaviours that do or do not involve actual physical contact. (Sexual Maltreatment is also a prohibited behaviour listed under the definition of Maltreatment)
    2. Involving a person over the Age of Majority: Any sexual act, whether physical or psychological in nature, that is committed, threatened, or attempted against a Participant without the Participant’s Consent. It includes any act targeting a Participant’s sexuality, gender identity or expression, that is committed, threatened, or attempted against a Participant without that Participant’s Consent, and includes but is not limited to, the Criminal Code Offences of sexual assault, sexual exploitation, sexual interference, invitation to sexual touching, indecent exposure, voyeurism, and non-consensual distribution of sexual/intimate images. Sexual Maltreatment also includes sexual harassment and stalking, cyber harassment, and cyber stalking of a sexual nature. Sexual Maltreatment can take place through any form or means of communication (e.g., online, social media, verbal, written, visual, hazing, or through a third party). (Sexual Maltreatment is also a prohibited behaviour listed under the definition of Maltreatment)

Definitions

1. The following terms have these meanings in this Policy:
   1. “Conflict of Interest” – Any situation in which a Representative’s decision-making, which should always be in the best interests of the Organization, is influenced or could be influenced by personal, family, financial, business, or other private interests
   2. “Pecuniary Interest” – An interest that an individual may have in a matter because of the reasonable likelihood or expectation of financial gain or loss for that individual, or another person with whom that individual is associated
   3. “Non-Pecuniary Interest” – An interest that an individual may have in a matter which may involve family relationships, friendships, volunteer positions or other interests that do not involve the potential for financial gain or loss
   4. “Representatives” – Individuals employed by, or engaged in activities on behalf of, the Organization including: coaches, staff members, convenors, contract personnel, volunteers, managers, administrators, committee members, and Directors and Officers of the Organization

Background

2. Individuals who act on behalf of an organization have a duty first to that organization and second to any personal stake they have in the operations of the Organization. For example, in not-for-profit organizations, Directors are required, by law, to act as a trustee (in good faith, or in trust) of the Organization. Directors, and other stakeholders, must not put themselves in a position where making a decision on behalf of the Organization is connected to their own personal interests. That would be a conflict-of-interest situation.

Purpose

3. Basketball Yukon strives to reduce and eliminate nearly all instances of conflict of interest in its organization. – by being aware, prudent, and forthcoming about the potential conflicts. This Policy describes how Representatives will conduct themselves in matters relating to conflict of interest and will clarify how Representatives shall make decisions in situations where conflict of interest may exist.
4. This Policy applies to all Representatives.

Obligations

5. Any real or perceived conflict of interest, whether pecuniary or non-pecuniary, between a Representative’s personal interest and the interests of Basketball Yukon, shall always be resolved in favor of Basketball Yukon.
6. Representatives will not:
   1. Engage in any business or transaction, or have a financial or other personal interest, that is incompatible with their official duties with Basketball Yukon, unless such business, transaction, or other interest is properly disclosed to Basketball Yukon and approved by Basketball Yukon
   2. Knowingly place themselves in a position where they are under obligation to any person who might benefit from special consideration or who might seek preferential treatment
   3. In the performance of their official duties, give preferential treatment to family members, friends, colleagues, or organizations in which their family members, friends, or colleagues have an interest, financial or otherwise.
   4. Derive personal benefit from information that they have acquired during the course of fulfilling their official duties with the Organization, if such information is confidential or not generally available to the public
   5. Engage in any outside work, activity, or business or professional undertaking that conflicts or appears to conflict with their official duties as a representative of the Organization, or in which they have an advantage or appear to have an advantage on the basis of their association with the Organization
   6. Without the permission of the Organization, use the Organization’s property, equipment, supplies, or services for activities not associated with the performance of their official duties with the Organization
   7. Place themselves in positions where they could, by virtue of being an Organization Representative, influence decisions or contracts from which they could derive any direct or indirect benefit
   8. Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, any special consideration granted by virtue of being an Organization Representative

Disclosure of Conflict of Interest

7. On an annual basis, all the Organization’s Directors and candidates for election to the Board, Directors, Officers, Employees, and Committee Members will complete a Declaration Form disclosing any real or perceived conflicts that they might have. Declaration Forms shall be retained by the Basketball Yukon.
8. Immediately upon becoming aware that a conflict of interest may exist, all Representatives must disclose any real or perceived conflict of interest as follows:
   1. Directors, Officers, Committee Members, candidates for election to the Board, and the senior staff person (when employed) must disclose real and perceived conflicts of interest to the Board.
   2. Employees must disclose real and perceived conflicts of interest to the senior staff person or, in the absence of a senior staff person position, to the Board
   3. Coaches, volunteers, managers, and other Representatives must disclose real and perceived conflicts of interest to their immediate supervisor (e.g., team manager, staff person, another volunteer, etc., as applicable)
9.  Representatives shall also disclose all affiliations with all other organizations involved with the same sport. These affiliations include any of the following roles: athlete, coach, manager, official, employee, volunteer, or Director.

    

Minimizing Conflicts of Interest in Decision-Making

10. Decisions or transactions that involve a conflict of interest that has been proactively disclosed by a Basketball Yukon Representative will be considered and decided with the following additional provisions:
    1. The nature and extent of the Representative’s interest has been fully disclosed to the body that is considering or making the decision, and this disclosure is recorded or noted
    2. The Representative does not participate in discussion on the matter.
    3. The Representative abstains from voting on the decision.
    4. For board-level decisions, the Representative does not count toward quorum.
    5. The decision is confirmed to be in the best interests of Basketball Yukon.

        

11. For potential conflicts of interest involving employees, the Organization’s Board will determine whether there is there a conflict and, if one exists, the employee will resolve the conflict by ceasing the activity giving rise to the conflict. The Organization will not restrict employees from accepting other employment contracts or volunteer appointments provided these activities do not diminish the employee’s ability to perform the work described in the employee’s job agreement with the Organization or give rise to a conflict of interest.

Conflict of Interest Complaints

12. Any person who believes that a Representative may be in a conflict-of-interest situation should report the matter, in writing (or verbally if during a meeting of the Board or any committee), to the Organization’s Board who will decide appropriate measures to eliminate the conflict. The Board may apply the following actions singly or in combination for real or perceived conflicts of interest:
    1. Removal or temporary suspension of certain responsibilities or decision-making authority
    2. Removal or temporary suspension from a designated position
    3. Removal or temporary suspension from certain teams, events and/or activities
    4. Expulsion from the Organization
    5. Other actions as may be considered appropriate for the real or perceived conflict of interest.

        

13. Any person who believes that a Representative has made a decision that was influenced by real or perceived conflict of interest may submit a complaint, in writing, to Basketball Yukon to be addressed under Basketball Yukon’s Discipline and Complaints Policy.

     

14. Failure to comply with an action as determined by the Board will result in automatic suspension from the Organization until compliance occurs.

     

15. The Board may determine that an alleged real or perceived conflict of interest is of such seriousness as to warrant suspension of designated activities pending a meeting and a decision of the Board.

Enforcement

0. Failure to adhere to this Policy may permit discipline in accordance with Basketball Yukon’s Discipline and Complaints Policy.

Definitions

1. The following terms have these meanings in this Policy:
   1. “Athlete” – An individual who is an Athlete Participant in Basketball Yukon
   2. “Case Manager” – An individual appointed by Basketball Yukon to administer this Discipline and Complaints Policy. The Case Manager does not need to be a member of, or affiliated with, Basketball Yukon
   3. “Complainant” – A Participant or observer who makes a report of an incident, or a suspected incident, of Maltreatment or other behaviour that is a violation of the standards described in the Code of Conduct and Ethics
   4. “Days” – Days including weekends and holidays.
   5. “Discipline Chair” – An individual (typically the President or designate) appointed to attempt to resolve disputes by mediation or other alternative dispute resolution techniques.
   6. “Maltreatment” – As defined in the Code of Conduct and Ethics
   7. “Participants” – Refers to all categories of individual members and/or registrants defined in the By-laws of Basketball Yukon who are subject to the policies of Basketball Yukon, as well as all people employed by, contracted by, or engaged in activities with Basketball Yukon including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, and Directors and Officers
   8. “Power Imbalance” – As defined in the Code of Conduct and Ethics
   9. “Respondent” – The alleged infracting Party

Purpose

2. Participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with Basketball Yukon’s policies, By-laws, rules and regulations, and Code of Conduct and Ethics. Non-compliance may result in sanctions pursuant to this Policy.

Discipline Chair

3. The Discipline Chair will be a Director of the Board, or an individual appointed by the Board to handle the duties of the Discipline Chair. The Board may choose to appoint three (3) individuals to serve as Discipline Chair and, in this case, decisions of the Discipline Chair will be by majority vote.
4. The Discipline Chair appointed to handle a complaint or incident must be unbiased and not in a conflict-of-interest situation.

Application of this Policy

5. This Policy applies to all Participants.
6. This Policy applies to matters that may arise during Basketball Yukon’s business, activities, and events including, but not limited to, competitions, practices, tryouts, training camps, travel associated with Basketball Yukon’s activities, and any meetings.
7. This Policy also applies to Participants’ conduct outside of Basketball Yukon’s business, activities, and events when such conduct adversely affects relationships within Basketball Yukon (and its work and sport environment), is detrimental to the image and reputation of Basketball Yukon, or upon the acceptance of Basketball Yukon. Applicability will be determined by Basketball Yukon at its sole discretion.
8. This Policy applies to alleged breaches of the Code of Conduct and Ethics by Participants who have retired from the sport where any claim regarding a potential breach of the Code of Conduct and Ethics occurred when the Participant was active in the sport. In addition, this Policy will apply to breaches of the Code of Conduct and Ethics that occurred when the Participants involved interacted due to their mutual involvement in the sport or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Participant(s).
9. This Policy does not prevent immediate discipline or sanction from being applied as reasonably required. Further discipline may be applied according to this Policy. Any infractions or complaints occurring within competition will be dealt with by the procedures specific to the competition, if applicable. In such situations, disciplinary sanctions will be for the duration of the competition, training, activity, or event only.
10. An employee of Basketball Yukon who is a Respondent will be subject to appropriate disciplinary action per Basketball Yukon’s policies for human resources as well as the employee’s Employment Agreement, if applicable. Violations may result in a warning, reprimand, restrictions, suspension, or other disciplinary actions up to and including termination of employment.

Adult Representative

11. Complaints may be brought for or against a Participant who is a minor. Minors must have a parent/guardian or other adult serve as their representative during this process.
12. Communication from the Discipline Chair or Case Manager, as applicable, must be directed to the minor’s representative.
13. A minor is not required to attend an oral hearing, if held.

Reporting a Complaint

14. Any Participant may report any complaint to Basketball Yukon. A complaint must be In Writing and must be filed within fourteen (14) days of the alleged incident or within fourteen (14) days of the end of the sport/league/competitive season, at the discretion of the individual filing the complaint.
15. A Complainant wishing to file a complaint outside of the fourteen (14) day period must provide a written statement giving reasons for an exemption to this limitation. The decision to accept, or not accept, the complaint outside of the fourteen (14) day period will be at the sole discretion of Basketball Yukon or the Case Manager, as applicable. This decision may not be appealed.
16. At Basketball Yukon’s discretion, Basketball Yukon may act as the Complainant and initiate the complaint process under the terms of this Policy. In such cases, Basketball Yukon will identify an individual to represent the Organization.
17. Resignation or lapsing of membership after a complaint is filed does not preclude discipline being pursued under this Policy.

Dispute Resolution Option

18. The complaint may first be referred to the Discipline Chair for review, with the option given to the parties to resolve the dispute via Alternate Dispute Resolution and/or mediation. Should the parties unanimously agree to proceed using Alternate Dispute Resolution and/or mediation, the process set out in the Dispute Resolution Policy shall be followed from this point. Should the parties not agree, the process contained here shall be followed.

Case Manager

19. Upon the receipt of a complaint, Basketball Yukon will appoint a Case Manager to oversee management and administration of complaints submitted in accordance with this Policy. Such appointment is not appealable. The Case Manager must not be in a conflict of interest and must have no affiliation or connection with either party.
20. The Case Manager has a responsibility to:
    1. Determine whether the complaint is frivolous and/or within the jurisdiction of this Policy.
    2. Propose the use of Basketball Yukon’s Dispute Resolution Policy
    3. Determine if the complaint should be investigated (per Appendix A – Investigation Procedure)
    4. Appoint the Discipline Panel, if necessary
    5. Coordinate all administrative aspects and set timelines.
    6. Provide administrative assistance and logistical support to the Discipline Panel as required.
    7. Provide any other service or support that may be necessary to ensure a fair and timely proceeding.

Procedures

21. If the Case Manager determines the complaint is:
    1. Frivolous or outside the jurisdiction of this Policy, the complaint will be dismissed immediately.
    2. Not frivolous and within the jurisdiction of this Policy, the Case Manager will notify the Parties that the complaint is accepted and of the applicable next steps.
22. The Case Manager’s decision to accept or dismiss the complaint may not be appealed.
23. The Case Manager will establish and adhere to timelines that ensure procedural fairness and that the matter is heard in a timely fashion.
24. After notifying the Parties that the complaint has been accepted, the Case Manager will appoint a Discipline Panel, which shall consist of a single Adjudicator, to hear the complaint. At the discretion of the Case Manager, a Discipline Panel of three persons, may be appointed to hear the complaint. In this event, the Case Manager will appoint one of the Discipline Panel’s members to serve as the Chair. The members of the Discipline Panel must be unbiased and not in a conflict of interest.
25. The Case Manager, in cooperation with the Discipline Panel, will then decide the format under which the complaint will be heard. This decision may not be appealed. The format of the hearing, which may involve direct communication with the Parties, an oral in-person hearing, an oral hearing by telephone or other communication medium, a hearing based on a review of documentary evidence submitted in advance of the hearing, or a combination of these methods. The hearing will be governed by the procedures that the Case Manager and the Discipline Panel deem appropriate in the circumstances, provided that:
    1. The Parties will be given appropriate notice of the day, time, and place of the hearing, in the case of an oral in-person hearing or an oral hearing by telephone or other communication medium.
    2. Copies of any written documents which the parties wish to have the Discipline Panel consider will be provided to all Parties, through the Case Manager, in advance of the hearing.
    3. The Parties may be accompanied by a representative, advisor, or legal counsel at their own expense.
    4. The Discipline Panel may request that any other individual participate and give evidence at the hearing.
    5. The Discipline Panel may allow as evidence at the hearing any oral evidence and document or thing relevant to the subject matter of the complaint, but may exclude such evidence that is unduly repetitious, and shall place such weight on the evidence as it deems appropriate.
    6. The decision will be by a majority vote of the Discipline Panel
26. If the Respondent acknowledges the facts of the incident, the Respondent may waive the hearing, in which case the Discipline Panel will determine the appropriate sanction. The Discipline Panel may still hold a hearing for the purpose of determining an appropriate sanction.
27. The hearing will proceed, even if a Party chooses not to participate in the hearing.
28. If a decision may affect another party to the extent that the other party would have recourse to a complaint or an appeal in its own right, that party will become a Party to the current complaint and will be bound by the decision.
29. In fulfilling its duties, the Discipline Panel may obtain independent advice.

Decision

30. After hearing and/or reviewing the matter, the Discipline Panel will determine whether an infraction has occurred and, if so, the sanctions to be imposed. Within fourteen (14) days of the hearing’s conclusion, the Discipline Panel’s written decision, with reasons, will be distributed to all Parties, the Case Manager, and Basketball Yukon. In extraordinary circumstances, the Discipline Panel may first issue a verbal or summary decision soon after the hearing’s conclusion, with the full written decision to be issued before the end of the fourteen (14) day period. The decision will be considered a matter of public record unless decided otherwise by the Discipline Panel.

Sanctions

31. Prior to determining sanctions, the Discipline Panel will consider factors relevant to determining appropriate sanctions which include:
    1. The nature and duration of the Respondent’s relationship with the Complainant, including whether there is a Power Imbalance.
    2. The Respondent’s prior history and any pattern of inappropriate behaviour or Maltreatment.
    3. The ages of the individuals involved.
    4. Whether the Respondent poses an ongoing and/or potential threat to the safety of others.
    5. The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the Maltreatment, and/or cooperation in the process of Basketball Yukon.
    6. Real or perceived impact of the incident on the Complainant, sport organization or the sporting community.
    7. Circumstances specific to the Respondent being sanctioned (e.g., lack of appropriate knowledge or training regarding the requirements in the Code of Conduct and Ethics; addiction; disability; illness).
    8. Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate.
    9. A Respondent who is in a position of trust, intimate contact or high-impact decision-making may face more serious sanctions; and/or
    10. Other mitigating and aggravating circumstances
32. Any sanction imposed must be proportionate and reasonable. However, progressive discipline is not required, and a single incident of Maltreatment or other prohibited behaviour may justify elevated or combined sanctions.
33. The Discipline Panel may apply the following disciplinary sanctions, singularly or in combination:
    1. Verbal or Written Warning – A verbal reprimand or an official, written notice and formal admonition that a Participant has violated the Code of Conduct and Ethics and that more severe sanctions will result should the Participant be involved in other violations.
    2. Education – The requirement that a Participant undertake specified educational or similar remedial measures to address the violation(s) of the Code of Conduct and Ethics
    3. Probation – Should any further violations of the Code of Conduct and Ethics occur during the probationary period, will result in additional disciplinary measures, likely including a period of suspension or permanent ineligibility. This sanction can also include loss of privileges or other conditions, restrictions, or requirements for a specified period of time.
    4. Suspension – Suspension, either for a set time or until further notice, from participation, in any capacity, in any program, practice, activity, event, or competition sponsored by, organized by, or under the auspices of Basketball Yukon. A suspended Participant is eligible to return to participation, but reinstatement may be subject to certain restrictions or contingent upon the Participant satisfying specific conditions noted at the time of suspension.
    5. Eligibility Restrictions – Restrictions or prohibitions from some types of participation but allowing participation in other capacities under strict conditions.
    6. Permanent Ineligibility – Permanent ineligibility to participate in any capacity, in any program, activity, event, or competition sponsored by, organized by, or under the auspices of Basketball Yukon
    7. Other Discretionary Sanctions – Other sanctions may be imposed, including, but not limited to, other loss of privileges, no contact directives, a fine or a monetary payment to compensate for direct losses, or other restrictions or conditions as deemed necessary or appropriate.
34. The Discipline Panel may apply the following presumptive sanctions which are presumed to be fair and appropriate for the listed Maltreatment:
    0. Sexual Maltreatment involving a Complainant who is a minor shall carry a presumptive sanction of permanent ineligibility.
    1. Sexual Maltreatment, Physical Maltreatment with contact, and Maltreatment related to interference or manipulation of process shall carry a presumptive sanction of either a period of suspension or eligibility restrictions.
    2. While a Respondent has pending charges or dispositions in violation of the criminal law, the presumptive sanction shall be a period of suspension.
35. A Participant’s conviction for a Criminal Code offense shall carry a presumptive sanction of permanent ineligibility from participating with the Organization. Criminal Code offences may include, but are not limited to:
    1. Any child pornography offences
    2. Any sexual offences
    3. Any offence of physical violence
    4. Any offence of assault
    5. Any offence involving trafficking of illegal drugs.
36. Unless the Discipline Panel decides otherwise, any disciplinary sanctions will begin immediately, notwithstanding an appeal. Failure to comply with a sanction as determined by the Discipline Panel will result in an automatic suspension until such time as compliance occurs.
37. Infractions that result in discipline will be recorded and records will be maintained by the Organization.

Suspension Pending a Hearing

38. The Organization may determine that an alleged incident is of such seriousness as to warrant suspension of a Participant pending completion of a criminal process, the hearing, or a decision of the Discipline Panel.

Confidentiality

39. The discipline and complaints process are confidential and involves only the Parties, the Case Manager, the Discipline Panel, and any independent advisors to the Discipline Panel. Once initiated and until a decision is released, none of the Parties will disclose confidential information relating to the discipline or complaint to any person not involved in the proceedings.

Timelines

40. If the circumstances of the complaint are such that adhering to the timelines outlined by this Policy will not allow a timely resolution to the complaint, the Discipline Panel may direct that these timelines be revised.

Records and Distribution of Decisions

41. Other individuals or organizations, including but not limited to, national sport organizations, provincial sport organizations, sport clubs, etc., may be advised of any decisions rendered in accordance with this Policy.

Appeals Procedure

42. The decision of the Discipline Panel may be appealed in accordance with the Appeal Policy.

 

Appendix A – Investigation Procedure

Determination

1. When a complaint is submitted pursuant to the Discipline and Complaints Policy, the Case Manager will determine if the incident should be investigated.

Investigation

2. The Case Manager will appoint an Investigator. The Investigator must be an independent third-party skilled in investigating. The Investigator must not be in a conflict-of-interest situation and should have no connection to either party.
3. Federal and/or Territorial legislation related to Workplace Harassment may apply to the investigation if Harassment was directed toward a worker in a Workplace. The Investigator should review workplace safety legislation, Basketball Yukon’s policies for human resources, and/or consult independent experts to determine whether legislation applies to the complaint.
4. The investigation may take any form as decided by the Investigator, guided by any applicable Federal and/or Territorial legislation. The investigation may include:
   1. Interviews with the Complainant
   2. Witness interviews
   3. Statement of facts (Complainant’s perspective) prepared by Investigator, acknowledged by the Complainant, and provided to the Respondent.
   4. Interviews with the Respondent
   5. Statement of facts (Respondent’s perspective) prepared by Investigator, acknowledged by the Respondent, and provided to the Complainant.

Investigator’s Report

5. Upon completion of their investigation, the Investigator shall prepare a report that should include a summary of evidence from the parties (including both statements of facts, if applicable) and recommendations from the Investigator of whether, on a balance of probabilities, a breach of the Code of Conduct and Ethics occurred.
6. The Investigator must be aware that sport-specific differences exist with respect to such aspects as acceptable levels of touch, physical contact, and aggression during training or competition and will consider such differences during the investigative process.
7. The Investigator’s Report will be provided to the Case Manager who will disclose it, at their discretion, to Basketball Yukon and the relevant club (if applicable).
8. Should the Investigator find that there are possible instances of offence under the Criminal Code, particularly related to Criminal Harassment (or Stalking), Uttering Threats, Assault, Sexual Interference, or Sexual Exploitation, the Investigator shall advise the Complainant and Basketball Yukon to refer the matter to police.
9. The Investigator must also inform Basketball Yukon of any findings of criminal activity. Basketball Yukon may decide whether to report such findings to police but is required to inform police if there are findings related to the trafficking of prohibited substances or methods (as indicated in the version of the World Anti-Doping Agency’s Prohibited List currently in force), any sexual crime involving Minors, fraud against Basketball Yukon, or other offences where the lack of reporting would bring Basketball Yukon into disrepute.

    

Reprisal and Retaliation

10. A Participant who submits a complaint to Basketball Yukon or who gives evidence in an investigation may not be subject to reprisal or retaliation. Any such conduct may constitute Maltreatment and will be subject to disciplinary proceedings pursuant to the Discipline and Complaints Policy.

False Allegations

11. A Participant who submits allegations that the Investigator determines to be malicious, false, or for the purpose of retribution, retaliation or vengeance (or that otherwise fall within the definition of Maltreatment) may be subject to a complaint under the terms of the Discipline and Complaints Policy and may be required to pay for the costs of any investigation that comes to this conclusion. Basketball Yukon or the Participant against whom the allegations were submitted, may act as the Complainant.

Confidentiality

12. The Investigator will make reasonable efforts to preserve the anonymity of the complainant, respondent, and any other party. However, Basketball Yukon recognizes that maintaining full anonymity during an investigation may not be feasible.

Definitions

1. The following term has this meaning in this Policy:
   1. “Athlete” – An individual who is an Athlete Participant in Basketball Yukon
   2. “Participants” – Refers to all categories of individual members and/or registrants defined in the By-laws of Basketball Yukon who are subject to the policies of Basketball Yukon, as well as all people employed by, contracted by, or engaged in activities with Basketball Yukon including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, and Directors and Officers

Purpose

2. Basketball Yukon supports the principles of Alternate Dispute Resolution (ADR) and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. Alternate Dispute Resolution also avoids the uncertainty, costs, and other negative effects associated with lengthy appeals or complaints, or with litigation.
3. Basketball Yukon encourages all Participants to communicate openly, collaborate, and use problem-solving and negotiation techniques to resolve their differences. Basketball Yukon believes that negotiated settlements are usually preferable to outcomes resolved through other dispute resolution techniques. Negotiated resolutions to disputes with and among Individuals are strongly encouraged.

Application of this Policy

4. This Policy applies to all Participants.
5. Opportunities for Alternate Dispute Resolution may be pursued at any point in a dispute when all parties to the dispute agree that such a course of action would be mutually beneficial.

Facilitation and Mediation

6. If all parties to a dispute agree to Alternate Dispute Resolution, a mediator or facilitator, acceptable to all parties, shall be appointed to mediate or facilitate the dispute.
7. The mediator or facilitator shall decide the format under which the dispute shall be mediated or facilitated and shall specify a deadline before which the parties must reach a negotiated decision.
8. Should a negotiated decision be reached, the decision shall be reported to, and approved by, Basketball Yukon. Any actions that are to take place as a result of the decision shall be enacted on the timelines specified by the negotiated decision, pending Basketball Yukon’s approval.
9. Should a negotiated decision not be reached by the deadline specified by the mediator or facilitator at the start of the process, or if the parties to the dispute do not agree to Alternate Dispute Resolution, the dispute shall be considered under the appropriate section of the Discipline and Complaints Policy or Appeal Policy, as applicable.

Final and Binding

10. Any negotiated decision will be binding on the parties. Negotiated decisions may not be appealed.

Definitions

1. Terms in this Policy are defined as follows:
   1. “Diversity” – the presence and integration of a variety of individuals with different personal characteristics, particularly Under-Represented Groups, in a group or organization
   2. “Equity “– fairness afforded to individuals with diverse personal characteristics regardless of those characteristics
   3. “Inclusion” – acceptance of individuals with diverse personal characteristics into a group or organization regardless of those characteristics
   4. “Under-Represented Groups” – including women, individuals who identify as Black, Indigenous, or people of colour (BIPOC), children in low-income families, seniors, people with disabilities, newcomers to Canada, and members of the LGBTQ community.

Purpose

2. Basketball Yukon is committed to encouraging diversity, equity and inclusion in its administration, policies, programs, and activities. The purpose of this Policy is to ensure that Basketball Yukon provides Under-Represented Groups with a full and equitable range of opportunities to participate and lead.

General

3. Basketball Yukon will:
   1. Provide this Policy to staff and Directors and provide education on the importance of diversity, equity, and inclusion and what this entails in terms of practices, policies, procedures, and norms of behaviour.
   2. Provide registration forms and other documents that allow:
      1. the individual to indicate their gender identity and expression, rather than their sex or gender;
      2. the individual to abstain from indicating a gender identity with no consequence to the individual;
      3. the individual to indicate their pronoun(s); and
      4. the individual to indicate their preferred name.
   3. Maintain organizational documents and Basketball Yukon’s website in a manner that promotes inclusive language and images.
   4. Refer to individuals by their preferred name and their pronoun(s).
   5. Work with Under-Represented Groups on the implementation, monitoring and/or modification of this Policy.
   6. When Basketball Yukon has the authority to determine participants’ use of washrooms, change rooms, and other facilities, Basketball Yukon will permit individuals to use the facilities of their gender identity.
   7. Ensure uniforms and dress codes that respect an individual’s gender identity and gender expression.
   8. Support inclusion, equity, and access for Under-Represented Groups.
   9. Exercise influence with external agencies to encourage equity.

Programming

4. Basketball Yukon is committed to creating and supporting programs that address diversity, equity, and inclusion issues in sport. For example, Basketball Yukon will:
   1. Ensure that the achievement of equitable opportunities is a key consideration when developing, updating, or delivering Basketball Yukon’s programs and policies.
   2. Ensure that individuals from Under-Represented Groups have no barriers to participation in Basketball Yukon’s programs, training, and coaching opportunities.
   3. Create and support new programming that specifically addresses diversity, equity, and inclusion.
   4. Monitor and evaluate the success of its diversity, equity, and inclusion programming.
   5. Fund programs and services equally.
   6. Encourage Under-Represented Groups to act as role models for young participants.
   7. Create special opportunities to advance the number and levels of women in coaching.
   8. When planning educational sessions, consider a balance of presenters from all gender identities.

Staff, Board of Directors, Committee

5. Basketball Yukon will:
   1. Strive to achieve gender balance in the appointment of all committees, task forces and other decision-making or decision-influencing bodies, and in seeking nominations for and appointments to the Board.
   2. Include gender equity as a stated value that is accepted and promoted on nominating and selection committees.
   3. Ensure equal opportunities exist for all staff to receive professional development to move towards senior levels of decision-making.
   4. Develop, update, and deliver all policies, programs and services ensuring the concerns and needs of Under-Represented Groups are identified, promoted, and supported.
   5. Deal with any incidence of discriminatory behaviour according to the Code of Conduct and Ethics and Discipline and Complaints Policy.

Media Relations

6. Basketball Yukon will:
   1. Strive to ensure that Under-Represented Groups are portrayed equitably in promotional materials and official publications, and that gender-neutral language is used in all communications.
   2. Produce all written and visual materials in a gender-inclusive manner .
   3. Develop a communication plan that strives to give media visibility to Under-Represented Groups.
   4. Use gender-appropriate or gender-neutral language and positive, active visuals in all publications, graphics, videos, posters and on websites.

Ongoing Commitment to Inclusion, Diversity and Equity

7. Basketball Yukon resolves to continue to incorporate inclusion, diversity, and equity matters in its strategies, plans, actions, and operations: including technical programs, business management, sponsorship, marketing, media and communications.

Evaluation

8. Basketball Yukon will continually monitor and evaluate its inclusion, equity, and diversity progress.

For not-for-profit organizations in the Yukon Territory, the privacy of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA). This Policy is based on the standards required by PIPEDA as interpreted by Basketball Yukon

Definitions

1. The following terms have these meanings in this Policy:
   1. “Commercial Activity” – any particular transaction, act or conduct that is of a commercial character.
   2. “Personal Information” – any information about an individual that relates to the person’s personal characteristics including, but not limited to gender, age, income, home address, home phone number, ethnic background, family status, health history, and health conditions.
   3. “Stakeholder” – Individuals employed by or engaged in activities on behalf of Basketball Yukon including coaches, staff members, contract personnel, volunteers, managers, administrators, committee members, and directors and officers of the Organization.
   4. “Individual” – All categories of membership defined in Basketball Yukon’s By-laws as well as all individuals employed by, or engaged in activities with Basketball Yukon including, but not limited to, athletes, coaches, convenors, officials, volunteers, managers, administrators, committee members, and directors and officers of Basketball Yukon.

Purpose

2. Basketball Yukon recognizes Individuals’ right to privacy with respect to their personal information. This Policy describes the way that Basketball Yukon collects, uses, safeguards, discloses, and disposes of Personal Information.

Application of this Policy

3. This Policy applies to all Stakeholders and Individuals in connection with personal information that is collected, used, or disclosed by Basketball Yukon.
4. Except as provided in PIPEDA, Basketball Yukon’s Board of Directors will have the authority to interpret any provision of this Policy that is contradictory, ambiguous, or unclear.

Obligations

4. Basketball Yukon is obligated to follow and abide by PIPEDA in all matters involving the collection, use, and disclosure of Personal Information.
5. In addition to fulfilling the legal obligations required by PIPEDA, Basketball Yukon’s Stakeholders will not:
   1. Publish, communicate, divulge, or disclose to any unauthorized person, firm, corporation, or third party any Personal Information without the express written consent of the Individual
   2. Knowingly place themselves in a position where they are under obligation to any organization to disclose Personal Information
   3. In the performance of their official duties, disclose Personal Information to family members, friends, colleagues, or organizations in which their family members, friends, or colleagues have an interest
   4. Derive personal benefit from Personal Information that they have acquired during the course of fulfilling their duties with the Organization
   5. Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, the disclosure of Personal Information

Accountability

7. The Privacy Officer is responsible for the implementation of this policy and monitoring information collection and data security and ensuring that all staff receives appropriate training on privacy issues and their responsibilities. The Privacy Officer also manages personal information access requests and complaints. The Privacy Officer may be contacted at the following address:Attn: Administrator, 4061 4th Avenue, Whitehorse, YT Y1A 1H1
8. Duties – The Privacy Officer will:
   1. Implement procedures to protect personal information!
   2. Establish procedures to receive and respond to complaints and inquiries.
   3. Record all persons having access to personal information.
   4. Ensure any third-party providers abide by this Policy.
   5. Train and communicate to staff information about the Organization’s privacy policies and practices.

Identifying Purposes

9. Basketball Yukon may collect Personal Information from Individuals and prospective Individuals for purposes that include, but are not limited to:

Communications

1. 1. Sending communications in the form of e-news or a newsletter with content related to the Organization’s programs, events, fundraising, activities, discipline, appeals, and other pertinent information.
   2. Publishing articles, media relations and postings on Basketball Yukon’s website, displays or posters.
   3. Award nominations, biographies, and media relations
   4. Communication within and between Stakeholders and Individuals
   5. Discipline results and long-term suspension list
   6. Checking residency status

Registration, Database Entry and Monitoring

1. 1. Registration of programs, events, and activities
   2. Database entry at the Coaching Association of Canada and to determine level of coaching certification, coaching qualifications, and coach selection.
   3. Database entry to determine level of officiating certification and qualifications.
   4. Determination of eligibility, age group and appropriate level of play/competition
   5. Athlete Registration, outfitting uniforms, and various components of athlete and team selection
   6. Technical monitoring, officials training, educational purposes, sport promotion, and media publications

Sales, Promotions and Merchandising

1. 1. Purchasing equipment, coaching manuals, resources, and other products
   2. Promotion and sale of merchandise

General

1. 1. Travel arrangement and administration
   2. Implementation of the Organization’s screening program
   3. Medical emergency, emergency contacts or reports relating to medical or emergency issues.
   4. Determination of membership demographics and program wants and needs.
   5. Managing insurance claims and insurance investigations
   6. Video recording and photography for personal use, and not commercial gain, by spectators, parents, and friends
   7. Video recording and photography for promotional use, marketing, and advertising by the Organization
   8. Payroll, honorariums, company insurance and health plans

10. Basketball Yukon’s Stakeholders may collect Personal Information from Individuals and prospective Individuals for other purposes, provided that documented consent specifying the use of the Personal Information is obtained from the Individuals or prospective Individuals.

Consent

11. By providing Personal Information to Basketball Yukon, Individuals are implying their consent to the use of that Personal Information for the purposes identified in the Identifying Purposes section of this Policy.
12. At the time of the collection of Personal Information and prior to the use or disclosing of the Personal Information, the Organization will obtain consent from Individuals by lawful means. The Organization may collect Personal Information without consent when it is reasonable to do so and permitted by law.
13. In determining whether to obtain written or implied consent, Basketball Yukon will consider the sensitivity of the Personal Information, as well the Individuals’ reasonable expectations. Individuals may consent to the collection and specified use of Personal Information in the following ways:
    1. Completing and/or signing an application or registration form (see Appendix A)
    2. Checking a check box, or selecting an option (such as ‘Yes’ or ‘I agree’)
    3. Providing written consent either physically or electronically
    4. Consenting orally in person
    5. Consenting orally over the phone 
14. Basketball Yukon will not, as a condition of providing a product or service, require Individuals to consent to the use, collection, or disclosure of Personal Information beyond what is required to fulfill the specified purpose of the product or service.
15. An Individual may withdraw consent in writing, at any time, subject to legal or contractual restrictions. Basketball Yukon will inform the Individual of the implications of withdrawing consent.
16. Basketball Yukon will not obtain consent from Individuals who are minors, seriously ill, or mentally incapacitated. Consent from these individuals will be obtained from a parent, legal guardian, or a person having power of attorney.
17. Basketball Yukon is not required to obtain consent for the collection of Personal Information, and may use Personal Information without the Individual’s knowledge or consent, only if:
    1. It is clearly in the Individual’s interests and the opportunity for obtaining consent is not available in a timely way.
    2. Knowledge and consent would compromise the availability or accuracy of the Personal Information and collection is required to investigate a breach of an agreement or a contravention of a federal or territorial law.
    3. An emergency threatens an Individual’s life, health, or security.
    4. The information is publicly available as specified in PIPEDA. 
18. Basketball Yukon is also not required to obtain consent for the collection of Personal Information if the information is for journalistic, artistic, or literary purposes.
19. Basketball Yukon may disclose Personal Information without the Individual’s knowledge or consent only:
    1. To a lawyer representing Basketball Yukon
    2. To collect a debt that the Individual owes to Basketball Yukon
    3. To comply with a subpoena, a warrant, or an order made by a court or other body with appropriate jurisdiction.
    4. To a government institution that has requested the information and identified its lawful authority, if that government institution indicates that disclosure is for one of the following purposes: enforcing or carrying out an investigation, gathering intelligence relating to any federal, territorial, or foreign law, national security, or the conduct of international affairs, or administering any federal or territorial law.
    5. To an investigative body named in PIPEDA or a government institution, if Basketball Yukon believes the Personal Information concerns a breach of an agreement, contravenes a federal, territorial, or foreign law, or if Basketball Yukon suspects the Personal Information relates to national security or the conduct of international affairs.
    6. To an investigative body for purposes related to the investigation of a breach of an agreement or a contravention of a federal or territorial law
    7. In an emergency threatening an Individual’s life, health, or security (the Organization will inform the Individual of the disclosure)
    8. To an archival institution
    9. 20 years after the individual’s death or 100 years after the record was created.
    10. If it is publicly available as specified in PIPEDA
    11. If otherwise required by law

Accuracy, Retention, and Openness

20. To minimize the possibility that inappropriate Personal Information may be used to decide about a Member, Personal Information will be accurate, complete, and as up to date as is necessary for the purposes for which it will be used.
21. Personal Information will be retained if reasonably necessary to enable participation in Basketball Yukon programs, events, and activities, and to maintain historical records as may be required by law or by governing organizations.
22. Basketball Yukon’s Stakeholders will be made aware of the importance of maintaining the confidentiality of Personal Information and are required to comply with Basketball Yukon’s Confidentiality Policy.
23. Personal Information will be protected against loss or theft, unauthorized access, disclosure, copying, use, or modification by security safeguards appropriate to the sensitivity of the Personal Information.
24. Personal Information that has been used to decide about an Individual will be maintained for a minimum of one year to allow the individual the opportunity to access the Personal Information after the decision has been made.
25. Basketball Yukon will make the following information available to Individuals:
    1. This Privacy Policy
    2. Any additional documentation that further explains Basketball Yukon’s Privacy Policy
    3. The name or title, and the address, of the person who is accountable for Basketball Yukon’s Privacy Policy
    4. The means of gaining access to Personal Information held by Basketball Yukon
    5. A description of the type of Personal Information held by Basketball Yukon, including a general account of its use.
    6. Identification of any third parties to which Personal Information is made available.

Access

26. Upon written request, and with assistance from Basketball Yukon after confirming the Individual’s identity, Individuals may be informed of the existence, use, and disclosure of their Personal Information and will be given access to that Personal Information. Individuals are also entitled to be informed of the source of the Personal Information and provided with an account of third parties to which the Personal Information has been disclosed.
27. Unless there are reasonable grounds to extend the time limit, the requested Personal Information will be disclosed to the Individual, at no cost to the Individual, within thirty (30) days of receipt of the written request.
28. Individuals may be denied access to their Personal Information if the information:
    1. Is prohibitively costly to provide.
    2. Contains references to other individuals.
    3. Cannot be disclosed for legal, security, or commercial proprietary purposes.
    4. Is subject to solicitor-client privilege or litigation privilege.
29. If Basketball Yukon refuses a request for Personal Information, it shall inform the Individual the reasons for the refusal and identify the associated provisions of PIPEDA that support the refusal.

Compliance Challenges

30. Individuals can challenge Basketball Yukon for its compliance with this Policy.
31. Upon receipt of a complaint, Basketball Yukon will:
    1. Record the date the complaint is received.
    2. Notify the Privacy Officer/Administrator who will serve in a neutral, unbiased capacity to resolve the complaint.
    3. Acknowledge receipt of the complaint by way of telephone conversation and clarify the nature of the complaint within seven (7) days of receipt of the complaint.
    4. Appoint an investigator using Basketball Yukon’s personnel or an independent investigator, who will have the skills necessary to conduct a fair and impartial investigation and will have unfettered access to all files and personnel.
    5. Upon completion of the investigation and within thirty (30) days of receipt of the complaint, the investigator will submit a written report to Basketball Yukon
    6. Notify the complainant the outcome of the investigation and any relevant steps taken to rectify the complaint, including any amendments to policies and procedures.
32. Basketball Yukon will not dismiss, suspend, demote, discipline, harass, or otherwise disadvantage any Basketball Yukon Individual or Stakeholder who:
    1. Challenges Basketball Yukon for its compliance with this Policy
    2. Refuses to contravene this Policy or PIPEDA
    3. Take precautions not to contravene this Policy or PIPEDA; even though said precautions may be in opposition to the regular duties performed by the Individual.

The Social Media Guidelines for Coaches and Athletes is a separate document from the Social Media Use Policy.

Definitions

1. The following term has this meaning in these Guidelines:
   1. “Social media” – The catch-all term that is applied broadly to new computer-mediated communication media such as blogs, YouTube, Facebook, Instagram, Tumblr, Snapchat, TikTok, and Twitter

Purpose

2. These Guidelines provide coaches and athletes with tips and suggestions for social media use. Coaches and athletes are strongly encouraged to develop their own strategy for social media use (either written down or not) and ensure that their strategy for social media use is acceptable pursuant to Basketball Yukon’s Code of Conduct and Ethics.
3. Given the nature of social media as a continually developing communication sphere, Basketball Yukon trusts its coaches and athletes to use their best judgment when interacting with social media. These Guidelines are not hard and fast rules or behavioural laws; but rather recommendations that will inform coaches’ and athletes’ best judgment.

Social Media Guidelines for Coaches

4. The following tips should be used by coaches to inform their own strategy for social media use:
   1. Choosing not to engage with social media is an acceptable social media strategy. But you must have good reasons for your choice and be active in other communication media.
   2. Consider monitoring or being generally aware of athletes’ public social media behaviour to ensure compliance with the Organization’s Code of Conduct and Ethics and Social Media Policy
   3. Coaches may not demand access to an athlete’s private posts on Twitter, Instagram, or Facebook
   4. Do not “friend” athletes on Facebook unless they request the connection and it is appropriate to do so. Never pressure athletes to “friend” you
   5. If you accept some “friend” requests, or follow one athlete on Twitter or Instagram, you should accept all friend requests and follow all the athletes. Be careful not to show favouritism on social media.
   6. Consider managing your social media so that athletes do not have the option to follow you on Twitter or “friend” you on Facebook
   7. Seek permission from athletes before posting pictures or videos of the athletes on publicly available social media like a blog, Instagram, or YouTube
   8. Do not use social media to ‘trap’ athletes if they say one thing to you in person but their social media activity reveals they were doing something different
   9. Keep selection decisions and other official team business off social media.
   10. Never require athletes to join Facebook, join a Facebook group, subscribe to a Twitter feed, or join a Facebook page about your team or organization or any other social media platform.
   11. If you create a page on Facebook or Instagram for your team or athlete, do not make this social media site the exclusive location for important information. Duplicate important information in more official channels (like on a website or via email)
   12. Ensure that parents are aware that some coach-athlete interactions may take place on social media
   13. Exercise appropriate discretion when using social media for your own personal communications (with friends, colleagues, and other athletes) with the knowledge that your behaviour may be used as a model by your athletes
   14. Avoid association with Facebook groups, Instagram accounts, or Twitter feeds with explicit sexual contact or viewpoints that might offend or compromise the coach-athlete relationship
   15. Never misrepresent yourself by using a fake name or fake profile
   16. Be aware that you may acquire information about an athlete that imposes an obligation of disclosure on your part (such as seeing pictures of underage athletes drinking during a trip)
   17. Attempt to make communication with athletes in social media as one-sided as possible. Be available for athletes if they initiate contact via social media – athletes may wish to have this easy and quick access to you – but avoid imposing yourself into an athlete’s personal social media space unless explicitly requested to do so

Social Media Guidelines for Athletes

5. The following tips should be used by athletes to inform their own strategy for social media use:
   1. Set your privacy settings to restrict who can search for you and what private information other people can see
   2. Coaches, teammates, officials, or opposing competitors may all add you to Facebook or follow you on Instagram or Twitter. You are not required to follow anyone or be Facebook friends with anyone
   3. If you feel harassed by someone in a social medium, report it to your coach, club official, or to Basketball Yukon
   4. Do not feel pressure to join a fan page on Facebook or follow a Twitter feed or Instagram account
   5. Content posted on a social medium, relative to your privacy settings, is considered public. In most cases, you do not have a reasonable expectation of privacy for any material that you post
   6. Content posted to a social medium is almost always permanent – consider that other individuals may take screencaps of your content (even snapchats) before you can delete them
   7. Avoid posting pictures of, or alluding to, participation in illegal activity such as: speeding, physical assault, harassment, drinking alcohol (if underage), and smoking marijuana
   8. Model appropriate behaviour in social media befitting your status as a) an elite athlete, and b) a member of your club and of the Organization. As a representative of the Organization, you have agreed to Basketball Yukon’s Code of Conduct and Ethics and must follow that Code when you post material and interact with other people through social media
   9. Be aware that your public Facebook page, Instagram account, or Twitter feed may be monitored by your club, coach, or by the Organization and content or behaviour demonstrated in social media may be subject to sanction under Basketball Yukon’s Discipline and Complaints Policy

Club Responsibilities

6. Clubs should not attempt to impose social media restrictions onto coaches or athletes. There are many situations where social media contact is desirable and necessary; yet many situations where social media contact is unwanted and risky. Coaches and athletes should be trusted, pursuant to Basketball Yukon’s Code of Conduct and Ethics, to navigate social media using their best judgment.
7. Clubs should monitor social media use by its athletes and coaches and should consider regular surveys and reviews to understand how coaches and athletes are using social media. Coaches and athletes may need to be reminded that behaviour in social media is still subject to Basketball Yukon’s Code of Conduct and Ethics.
8. Complaints and concerns about an athlete’s or a coach’s conduct or behaviour in social media can be addressed under Basketball Yukon’s Discipline and Complaints Policy.

Definitions

1. The following terms have these meanings in this Policy:
   1. “Social media” – The catch-all term that is applied broadly to new computer-mediated communication media such as blogs, YouTube, Facebook, Instagram, Tumblr, Snapchat, TikTok, and Twitter.
   2. “Organization-branded social media” – Official social media engagement by Basketball Yukon including Basketball Yukon’s Facebook page(s), Twitter feed, photo sharing accounts, YouTube channels, blogs, or other social media engagement; both those that exist currently and those that will be created by Basketball Yukon in the future.
   3. “Representative” – All individuals employed by, or engaged in activities on behalf of, Basketball Yukon. Representatives include, but are not limited to, staff, administrators, directors and officers of Basketball Yukon, committee members, and volunteers.

Purpose

2. Basketball Yukon encourages the use of social media by its Representatives to enhance effective internal communication, build Basketball Yukon’s brand, and interact with members. Since there is so much ambiguity in the use of social media, Basketball Yukon has created this policy to set boundaries and standards for Representatives’ social media use.

Application of this Policy

3. This Policy applies to all Representatives.

Representatives’ Responsibilities

4. Basketball Yukon’s Representatives will not:
   1.  Use social media for the purpose of fraud or any other activity that contravenes the laws of Canada, Basketball Yukon’s Code of Conduct and Ethics, or any other applicable jurisdiction.
   2. Impersonate any other person or misrepresent their identity, role, or position with Basketball Yukon.
   3. Display preference or favouritism regarding clubs, athletes, or other members.
   4. Upload, post, email, or otherwise transmit:
      1. Any content that is offensive, obscene, unlawful, threatening, abusive, harassing, defamatory, hateful, invasive or another person’s privacy, or otherwise objectionable.
      2. Any material which is designed to cause annoyance, inconvenience, or needless anxiety to others.
      3. Any material that infringes on the patent, trademark, trade secrets, copyright, or other proprietary right of any other party.
      4.  Any material that is considered Basketball Yukon’s confidential information or intellectual property, as per the Organization’s Confidentiality Policy
5. Representatives shall refrain from discussing matters related to Basketball Yukon or its operations on Representatives’ personal social media. Instead, matters related to Basketball Yukon or its operations should be handled through more official communication channels (like email) or through Basketball Yukon’s branded social media.
6. Representatives must engage with social media only in the context(s) described in their contract of employment, volunteer position, or position with Basketball Yukon. For example, A Basketball Yukon Head Coach shall not represent Basketball Yukon in answering a question on Basketball Yukon’s branded social media that is directed at, and better addressed in more official communication channels by, Basketball Yukon’s Board of Directors.
7. Representatives shall use their best judgment to respond to controversial or negative content posted by other people on Basketball Yukon’s branded social media. In some cases, deletion of the material may be the most prudent action. In other cases, responding publicly may be preferred. If a Representative questions the correct action to take, the Representative shall consult with another Representative who has more decision-making authority at Basketball Yukon.
8. Representatives shall use a clear and appropriate writing style.

Organization Responsibilities

9. Basketball Yukon will:
   1. Ensure that Representatives only use social media in a positive manner when connecting with others.
   2. Properly vet and understand each social medium before directing Representatives to engage with or create Basketball Yukon’s branded social media.
   3. Ensure that Representatives balance personal and professional information posted via social media and inform Representatives that a balance is necessary and positive.
   4. Monitor Representatives’ use of social media.

Enforcement

10. Failure to adhere to this Policy may permit discipline in accordance with Basketball Yukon’s Discipline and Complaints Policy, legal recourse, or termination of employment/volunteer position.

Definitions

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

Purpose

2. 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

3. This Policy only applies to Workers who observe, or experience incidents of wrongdoing committed by Directors or by other Workers.Incidents of wrongdoing or misconduct observed or experienced by participants, volunteers, spectators, parents of participants, or other individuals not employed or contracted by Basketball Yukon can be reported under the terms of Basketball Yukon’s Discipline and Complaints Policy and/or reported to Basketball Yukon’s Board to be handled under the terms of the individual Worker’s Employment Agreement or Contractor Agreement
4. Matters reported under the terms of this Policy may be referred to be heard under Basketball Yukon’s Discipline and Complaints Policy, at the discretion of the Compliance Officer.

Wrongdoing

5. Wrongdoing can be defined as:
   1. Violating the law.
   2. Intentionally or seriously breaching of Basketball Yukon’s Code of Conduct and Ethics.
   3. Intentionally or seriously breaching Basketball Yukon’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 Basketball Yukon, or another wrongful act; or
   6. Fraud

Pledge

6. Basketball Yukon 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.
7. Any individual affiliated with Basketball Yukon who breaks this Pledge will be subject to disciplinary action.

Reporting Wrongdoing

8. 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

9. Basketball Yukon has appointed the following Compliance Officer to receive reports made under this Policy:Director, Sport Yukon
   4061 4Th Avenue, Whitehorse, YT
10. After receiving the report, the Compliance Officer has the responsibility to:
    1. Assure the Worker of Basketball Yukon’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 Basketball Yukon 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 Basketball Yukon’s Whistleblower Policy applies or if the matter should be handled under Basketball Yukon’s Discipline and Complaints Policy.
    5. Determine if the local police service should be contacted.
    6. Determine if mediation or alternate dispute resolution can be used to resolve the issue.
    7. Determine if Basketball Yukon’s President should or can be notified of the report.
    8. Begin an investigation.

Investigation

11. If the Compliance Officer determines that an investigation should be launched, the Compliance Officer may decide to contract an external investigator. In such cases, Basketball Yukon’s President 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. Basketball Yukon’s President may not unreasonably refuse the decision to contract an external investigator.
12. An investigation launched by the Compliance Officer or by an external investigator should generally take the following form:
    1. Follow-up 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 Worker(s) against whom the report was submitted, if applicable.
13. 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, Basketball Yukon 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.
14. The investigator will prepare an Investigator’s Report – omitting names whenever possible and striving to ensure confidentiality – that will be submitted to Basketball Yukon’s President for review and action.

Decision

15. Within fourteen (14) days after receiving the Investigator’s Report, Basketball Yukon’s President 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 Basketball Yukon’s By-laws, territorial employment legislation, and/or the Worker’s Employment Agreement or Contractor Agreement.
16. The corrective action, if any, will be communicated to the investigator who will then inform the Worker who submitted the report.
17. Decisions made under the terms of this Policy may be appealed under the terms of Basketball Yukon’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 Basketball Yukon will act as the Respondent.

Confidentiality

18. 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.