HARASSMENT UPDATE
Summer 2000
by Hilary Findlay and Rachel Corbett, Centre for Sport & Law There are two approaches to developing policies about harassment and abuse: Approach #1 Approach #2 Advantage — draws attention to
the issue of harassment and abuse. Key Components Regardless of the approach chosen – a separate harassment and abuse policy, or the integration of harassment and abuse into other policies – there are five key areas which must be covered: 1. A statement of the purpose, scope and application of the policy. For example, this portion of the policy should state the organization’s values about harassment and abuse, and should state what persons and what situations are covered by the policy. 2. A statement of the standard of behaviour which is expected, and of the behaviours which are not acceptable. Harassment and abuse should be defined in the policy, and it should be clear that they are behaviours which are not acceptable. 3. A description of the procedures for reviewing complaints in the event the standards of behaviour described in point 2 above are breached, then these procedures; - must satisfy the legal requirements of procedural fairness - address how the organization will respond to a complaint - show how information about the complaint will be gathered - inform how a hearing will occur and how a decision will be made 4. A guideline for imposing disciplinary sanctions in the event there is a finding of harassment or abuse against an individual. This guideline should offer a range of sanctions corresponding to a range of infractions, and should help the panel apply sanctions which are appropriate and fair, depending on the nature of the harassment and abuse and other factors. 5. An appeal mechanism to provide recourse to an individual who is not satisfied with the outcome of the dispute. This section should also include reference of mediation and arbitration routes, as an alternative to pursuing the dispute in court. If the approach is to develop a stand-alone harassment and
abuse policy, all five of these elements must be included in it. On the other hand, if the
approach is to integrate harassment and abuse into a code of conduct and discipline
policy, then harassment and abuse wording must be integrated into two separate policies:
The reasons that children become victims of abuse are complex and interrelated. Personality factors can lead to the abuse of a child.
Family factors can lead to the abuse of a child. Societal factors can lead to the abuse of a child. We cannot accurately predict why one person ends up abusing a child when another, in similar life circumstances, does not. We do know that abusive parents and adults come from all walks of life, all income levels and all cultures.
Reporting Child Abuse – What Are My Legal Rights And Responsibilities? Duty To Report Whenever you suspect that a child is being abused or neglected, you are legally required to report this to your provincial child welfare authorities. In some provinces, you can report your suspicions to either the police or a child welfare agency. In others, you are required to report only to the appropriate child welfare authorities. Call your provincial government offices to make sure that your know who to call if you suspect child abuse. Your Organizations’ Reporting Procedures Most organizations have a protocol for reporting suspected child abuse. Often one member of the organization is identified as the person who is responsible for reporting suspicions of abuse to child protection services. All of the organization’s staff are required to discuss their suspicions of abuse with this person, and they are supported and assisted through any subsequent steps that have to be taken. If however this person decides not to report the case you have brought to their attention, and you disagree with this decision, as the person who suspects that child abuse may have occurred, you are legally obligated to report your concerns to child protection authorities. If this situation should arise, it is advisable to inform your organization of the actions you are taking regarding the necessity of reporting. Liability Articles printed from "A Child Abuse Handbook for Recreation Leaders" by the Institute for the Prevention of Child Abuse.
1. Determine the risk. Organizations can control the risk in their programs. Examining the potential for danger in programs and services may lead to preventing or eliminating the risk altogether. 2. Write a clear position description. Careful position descriptions send the message that an organization is serious about screening. Responsibilities and expectations can be clearly set out, right down to the position’s dos and don’ts. A clear position description indicates the screening requirements. When a volunteer changes positions, the screening procedures may change as well. 3. Establish a formal recruitment process. Whether an agency posts notices for volunteer positions or sends home flyers, they must indicate that screening is part of the application process. 4. Use an application form. The application form provides needed contact information. If the volunteer position requires other screening measures (medical exam, driver’s record, police records check), the application form will ask for permission to do so. 5.Conduct interviews. Interviews help ensure that candidates meet the position requirements and fit in with the organization. 6. Follow up on references. By identifying the level of trust required in the position and asking specific questions, the applicant’s suitability may be easier to determine. People often do not expect that their references will be checked. Do not assume that applicants only supply the names of people who will speak well of them. 7. Request a Police Records Check when appropriate. A Police Records Check (PRC) is just one step in a 10-step screening process. PRCs signal-in a very public way-that the organization is concerned about the safety of its clients. 8.Conduct orientation and training sessions. Screening does not end once the volunteer is in place. Orientation and training sessions offer an opportunity to observe volunteers in a social setting. These sessions also allow organizations to inform volunteers about policies and procedures. Probation periods give both the organization and the volunteer time to learn more about each other. 9. Supervise and evaluate. The identified level of risk associated with a volunteer position will determine the necessary degree of supervision and evaluation. If the risk is great, it follows that the volunteer will be under close supervision. Frequent feedback in the first year is particularly important. Evaluations must be based on position descriptions 10. Follow up with program participants. Regular contact with participants and family members can act as an effective deterrent to someone who might otherwise do harm. Volunteers should be made aware of any follow-up activities that may occur. These could include spot checks for volunteers in high-risk positions.
by John MacKinnon, Canadian Hockey Association Open, Honest Communication Simple and naive as it may sound, the best approach with news media is to tell the plain truth and tell it promptly. Take the lead in delivering information, even when the content of the information is distasteful. For example, if a coach in your organization is charged with sexual abuse, it is in the interest of the organization to inform the media about it rather than to have journalists learn of it through some other source, (the police or the rumour mill), and chase down sport administrators for comment. By their nature, episodes of abuse or harassment will mean ongoing interaction with the news media. It’s a good idea to set the tone for ongoing relationships with the media by being as open and honest as possible from the beginning. Journalists often suspect that officials who are evasive, difficult to reach, or close-mouthed may be covering up something. Confronted with a stonewall, good journalists will do whatever it takes to get past it; by pushing harder, by finding other, possibly less responsible, less reliable routes to the information they seek, or by speculation. It is hard to control a message when you don’t deliver anything substantial. Stick to the facts. Sometimes journalists want to make more of things than is there, but complete understanding usually takes time. Don’t inadvertently encourage them to spot a trend where there is only one isolated case. Stick to the facts of each case and be careful not to try to interpret its meaning unless there is enough information to do so. If, for whatever reason, your organization has released incorrect information, correct it through official channels as soon as possible. Often, the least damaging way to deal with mistakes is to simply own up to them. Limits to Honesty Disclosure of information on sensitive matters, such as criminal charges of sexual abuse, is obviously limited by the law. Consult legal counsel in any situation in which information could help reveal the identity of victims of crimes. Proactive not Reactive A policy on abuse and harassment is complex. Educating members of the media about your organization’s policy before any incidents have surfaced can be an investment in better-balanced, more responsible coverage should a problem occur. It can be useful to build relationships with key media members who have the interest to take time to truly understand such themes. This kind of groundwork can lead to more comprehensive coverage in the charged atmosphere of a breaking news story. Consistent Communication Identify the person(s) within your organization who will speak on issues relating to abuse and harassment, and make sure everyone is aware of who those people are, and what procedures must be followed. The spokespeople should work closely with the
communications staff person (if the organization has one) right from the onset of any
incident. It can be difficult, and potentially dangerous, to craft a coherent media
strategy off the cuff. And since the first contact for many journalists is the
communication person, an organization can send a damaging message if that individual is
ill-informed or utterly ignorant of a case of harassment and/or abuse. When
administrators, sometimes in well-intentioned attempts to be prudent, leave their
communications staff person out of the loop, media disasters may occur. When Publicity Can Be Harmful Sport organizations are often criticized for providing the public with haphazard information about their leagues, teams, participants, tournaments, competitions, coaching seminars, etc.. Developing effective lines of communication to the public, through the media, can often mean the difference between attracting all-important sponsorship money, or struggling financially; between seeing membership grow, or stagnate; developing a positive image, or a negative one. Still, there can be hidden dangers in providing too much information to the public through print media, TV and radio, or even the Internet, when children under legal age are involved. Administrators should be careful about what information is available in event programs, media guides, or web-pages. Parents need to be knowledgeable and sign a consent form before any information is publicized about their minor child. For example, administrators might set up a web-page which includes photos and home addresses for adolescent athletes that could very well help raise the profile of the sport and/or club or association. Unfortunately, such information also is a gold mine for those with bad intent, such as sexual predators.
|
