EDMONTON ROAD AND TRACK CLUB HARASSMENT POLICY

The Edmonton Road and Track Club (“ERTC” or “the Club”) is committed to promoting and maintaining a positive and safe sporting environment that promotes equal opportunities free from harassment, sexual harassment, and bullying.

This policy applies to all “participants” which include directors, officers, volunteers, coaches, and members or any other individuals associated with ERTC and its participants. It applies to harassment that may occur during all ERTC business, activities, events, and social media discussions.

ERTC will not tolerate harassment, sexual harassment, and bullying, whether physical, emotional or sexual towards a participant or by any participants in any of its programs.

ERTC expects that every member will take all reasonable steps to safeguard the welfare of each other and themselves. 

Harassment, sexual harassment, and bullying means any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying or action by an individual towards another. The “test” is whether a reasonable person knows or ought to have known that their behaviour would be considered unwelcome or cause offence or humiliation to a participant, or it adversely affects the participant’s health and safety. 

HARASSMENT

  • Is unwelcome verbal or physical contact, attention, demands, jokes or insults when they occur under the protected grounds under the Alberta Human Rights Act. 

  • Harassment is a form of discrimination.

  • There are sixteen (16) protected grounds under the Alberta Human Rights Act: dignity, race, religious beliefs, colour, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, gender, gender identity, gender expression and sexual orientation.

  • Examples of Harassment may include but not limited to: verbal abuse and threats; unsolicited and unwelcome comments, gestures or contact; unwelcome remarks, jokes, innuendoes; unwelcome invitations or requests, intimidation, 

SEXUAL HARASSMENT

Sexual Harassment is, but not limited to:

  • Unwelcome and unwanted verbal or physical conduct or contact of a sexual nature by an individual towards another.

  • Unwanted sexual advances, or unwanted requests for sexual favours; inquiries into ones sexual activities; 

  • Offensive or humiliating behaviour that is related to a person’s sex;

  • Behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive club environment; or

BULLYING

Bullying is a repeated pattern of behaviour that intimidates, offends, degrades or humiliates another individual. Bullying can include physical abuse or the threat of abuse, bullying usually causes psychological and emotional rather than physical harm. Bullying may include but not limited to: blaming, unreasonable demands, threats, continual criticisms of another.   

PROCEDURES FOR ADDRESSING A HARASSMENT COMPLAINT

FILING A COMPLAINT

All complaints made directly to the ERTC will be dealt with according to the Resolution and Dispute Policy. 

A participant may file a formal complaint by contacting the President or Vice-President. The formal complaint must be in writing. The formal written complaint must include the following: the date and time of the incident; location of the incident; individuals involved including the Respondent, Complainant and witnesses to the incident; a detailed description of the incident that took place and any conversations leading up to, during and after the incident in question. If there is any supporting material including text messages, emails, voicemails, etc., they are to be included with the formal complaint. 

The Complainant must make the complaint in good faith – it must be factual. A complaint cannot be made that is vexatious, malicious or without reasonable and probable grounds.   

Complaints should be made as soon as possible but no later than within one year of the latest  incident of perceived harassment, sexual harassment and/or bullying, unless there are extenuating circumstances that prevented the participant from reporting the incident.

The formal complaint of harassment, sexual harassment and/or bullying made by the Complainant will be forwarded by the President or Vice President to an external third party for review and advice. The third party will review the formal complaint to discuss and determine if a mediation and/or an investigation session is to occur.  The third party, upon review of the seriousness of the incident, may recommend immediate action up to and including suspension of ridership with ERTC until mediation or an investigation is completed.    

The President or Vice-President will formally advise the Complainant that their formal written complaint has been received and advise of the next steps in the process.  The President or Vice-President will formally advise the Respondent, in writing, that a formal complaint has been made and will provide information in regards to the allegations made against the Respondent and advise on the next steps in the process. The third party will contact and discuss next steps with the Complainant and Respondent to make a determination on mediation and/or investigation

Every effort will be made to resolve complaints within 30 days. The President or Vice-President will formally advise both parties in writing as to the reason why, if this is not possible. 

Those parties named in the formal complaint may not, at any time, retaliate towards the individuals involved. Retaliation may result in suspension or termination of membership from ERTC.  

Mediation

Whenever appropriate and possible, the parties involved in the incident will be offered mediation prior to proceeding with an investigation. 

Mediation is voluntary and confidential. It is intended to assist the parties in arriving at a mutually acceptable resolution to the harassment complaint. 

The mediator will be a neutral third party as determined by the President or Vice-President. The mediator will not be involved in investigating the complaint. 

Each party to the complaint has the right to be accompanied and assisted during the mediation session by a person of their choosing.

Investigation

If mediation is inappropriate or does not resolve the issue, an investigation will be conducted. All investigations will be handled by a third party with the required training and experience. 

The investigator will interview all parties involved in the complaint including the Complainant, Respondent and any identified witnesses. All parties who are interviewed will have the right to review their statement, as recorded by the investigator, to ensure for accuracy. The investigator will prepare a final report, which will include recommendations for remediation and/or action, for submission to the President or Vice President and copies to the Complainant and Respondent that will include:

  • A description of the incident and allegations;

  • Responses by the interviewed parties including the Complainant, Respondent and witnesses; 

  • A decision, based on the facts presented, if harassment, sexual harassment and/or bullying occured.

  • A recommendation regarding next steps and actions to be taken and any additional recommendations to ERTC, the parties, etc. on a go forward basis regarding conduct, policies, etc. 

SUBSTANTIATED COMPLAINT

If a harassment complaint is substantiated, the President or Vice-President will review the recommendations by the third party and make a determination on what remediation is appropriate. Both parties to the complaint will be advised, in writing, of the final decision.

Corrective action may include a written letter of apology to a reprimand, suspension or termination of membership from ERTC. 

Privacy and Confidentiality

All parties are required to maintain confidentiality and privacy before, during and after the investigation process to respect and protect all parties involved.  The parties may not discuss the incident, the investigation or their interview with any party involved in the investigation or outside the investigation.

All questions, concerns or formal complaints related to this policy may be forwarded to the President of the ERTC at president@ertc.org or the Vice-President of the ERTC at vp@ertc.org. 

The aforementioned policy of the Edmonton Road and Track Club, is hereby adopted and approved as of the following date below written and is effective immediately. The policy supersedes all such previously issued or practiced policy.  

Approved by an affirmative vote of the Executive of the Edmonton Road and Track Clubon this day, the 17th of August, 2021.