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In the event that there is a discrepancy between the information presented on this page, and that which is found in the published PDF version of the policy / guidelines, the process outlined in the published PDF documents will take precedence.

SCOPE OF APPLICATION
  1. This policy applies to the conduct of Participants during all Activities. This includes all communications and interactions between Participants, including communication by telephone or electronically.
  2. The NBSSCM process is independent of any rights and privileges a PSO/MSO has as an employer of an employee who is a Respondent to a complaint.
  3. The PSO/MSO may exercise their rights in accordance with the employee’s employment agreement or human resources policies, if applicable, while the NBSSCM process is underway.
  4. This policy will be applied with consideration given to Cultural Safety.
ALIGNMENT
  1. It is recognized that Participants may also register with NSOs that may mandate a different disciplinary process for complaints involving allegations of Maltreatment or Prohibited Behaviour.
  2. If a PSO/MSO is informed that sanctions were applied to a Participant by an NSO, the SIC or other sport body, they will report the information through the designated reporting mechanism.
REPORTING A COMPLAINT
  1. All complaints must be reported directly through the identified reporting mechanism (See Appendix A for reporting mechanism).
  2. If a complaint is communicated to Sport NB, the Complainant will be immediately redirected to the identified reporting mechanism. Sport NB is not involved in the management of complaints.
  3. In the case where a complaint is reported to a PSO/MSO directly, if the PSO/MSO has designated the process under NBSSCM as their dispute resolution process for UCCMS Complaints, the PSO/MSO will immediately redirect the Complainant to the identified reporting mechanism.
  4. If the applicable NSO has mandated the use of a specific third-party complaints management mechanism for Participants involved in a specific sport/discipline, complaints must be submitted to the process as mandated by the NSO.
  5. Any allegations of Maltreatment or Prohibited Behaviour against a Participant who is a CSSP Participant must be reported to the SIC. The Case Manager will immediately refer any complaint concerning CSSP Participant involving violations of the UCCMS to the SIC for review in accordance with the CSSP.
  6. Any individual who submits a report regarding a potential breach of the UCCMS who fears retribution or reprisal or who otherwise considers that their identity must remain confidential may file a complaint with the Case Manager and request that their identity be kept confidential.
    1. If the Case Manager considers that the Complainant’s identity must remain confidential during the initial stages, the Case Manager may ask that their PSO/MSO take carriage of the complaint and act as the Complainant.3 The confidentiality of the Complainant’s identity is not guaranteed for the duration of the process.
    2. A Complainant’s identity may need to be disclosed if required to ensure procedural fairness, if legally mandated, or if necessary to the effective resolution of the complaint.
    3. If disclosure becomes necessary, the Complainant will be informed in advance, and reasonable measures will be taken by the Case Manager or the Mediator/Arbitrator to minimize any potential harm.
  7. If, at any stage, it is determined that the Complainant’s anonymity cannot be maintained or adequately protected, the Complainant may elect to withdraw from the disciplinary proceeding without prejudice or adverse consequences.
TIMELINES
  1. Participants are encouraged to report all complaints as soon as possible after experiencing or witnessing the interaction, incident, event, or situation of concern.
  2. Any complaints involving alleged breaches of the UCCMS that designates the NBSSCM as the applicable mechanism and that do not fall within the mandate of the CSSP may be reported by a Participant or any other individual to the Case Manager in writing within twenty-one (21) Days of the occurrence of the incident.4
    1. If a complaint is filed with the Case Manager in writing within twenty-one (21) Days of the occurrence of the incident, the Case Manager will accept the complaint.
    2. If the complaint is submitted after twenty-one (21) Days of the occurrence of the incident but within six (6) months after the occurrence of the incident, the Case Manager may only accept a complaint if they determine that doing so is warranted based on their assessment of the following non-cumulative factors:
      1. the relevant rules, norms and policies, including without limitation, social and legal norms, in effect at the time of the alleged event(s);
      2. the severity of the allegations and the facts and circumstances of the matter;
      3. the safety and well-being of participants and the sport community;
      4. the potential risks and prejudice from action and inaction, with safety being paramount;
      5. the ability to identify potential Parties and witnesses and to obtain sufficient evidence;
        and
      6. the best interest of sport and those who participate in it, including the views of the person(s) directly impacted, when feasible.
        1. If a complaint submitted within five (5) years after the incident involves allegations, if proven, would trigger a presumptive sanction of permanent ineligibility, the complaint shall be accepted.
    3. Complaints of sexual Maltreatment may be brought at any time. While all complaints will be given due consideration, the ability to proceed may depend on the availability of evidence, the identification of involved Parties, and other necessary factors for a fair and effective process.
  3. An adult Participant who receives information about or has knowledge of an interaction, incident, event, or situation and reasonably suspects that a child has suffered an incident of child abuse, including sexual abuse, shall immediately make a report of the suspected abuse to the local authorities.
STANDARD TO APPLY
  1. If a Participant or other individual makes a complaint involving allegations that would be considered Maltreatment or Prohibited Behaviour under the UCCMS or other conduct standard currently in force that occurred at a time when a different complaint process was in place, the complaint will be addressed using the procedures of this policy, as amended from time to time.
  2. If known, the conduct standards in place at the time the incident(s)/event(s) related to the complaint are alleged to have occurred will be applied.
  3. The determination of the conduct standard to be applied will be decided by the Mediator/Arbitrator, at its sole discretion.
CASE MANAGER
  1. Upon the submission of a complaint through the designated mechanism, a Case Manager will be appointed by the ITP to oversee the management and administration of the complaint in accordance with the NBSSCM Guidelines. Such an appointment may not be appealed.
  2. The Case Manager has a responsibility to:
    1. determine whether the complaint falls within the jurisdiction of the NBSSCM and the scope
      of this policy;
    2. assess and identify whether it is a UCCMS Complaint or a Fair Play Complaint;
    3. determine if the alleged incident must be investigated;
    4. assess if the complaint is frivolous, vexatious or if it has been made in bad faith; and
    5. determine whether to combine complaints into a single disciplinary process, if there are multiple individuals submitting complaints against the same or multiple Respondent for allegations of a similar nature or occurrence in time.
  3. The Case Manager will determine whether to accept a complaint based on the factors outlined
    above.
  4. If the Case Manager dismisses a complaint, the Case Manager’s written decision, supported by appropriate reasons, for this dismissal will be provided to the Complainant, and the complaint will be dismissed immediately.5
  5. If the complaint does not meet eligibility criteria, the Case Manager may direct or provide the Complainant with access to facilitation and relevant supporting resources outside the formal NBSSCM process.
  6. If the Complaint involves a Fair Play Complaint, the Case Manager will refer the complaint to the relevant applicable PSO/MSO, with the permission of the Complainant.
    1. If the Complainant does not provide their permission to refer their Fair Play Complaint to their PSO/MSO, the Fair Play Complaint is withdrawn without prejudice.
  7. The PSO/MSO will determine whether to accept the Fair Play Complaint, in accordance with their applicable policies and procedures.
  8. If the complaint is accepted, the decision to accept the complaint will be communicated to the Complainant(s) and Respondent(s).
  9. If a complaint falls within the jurisdiction of the NBSSCM, the Case Manager will prepare a complaint summary which includes the specific allegations against the Respondent and forms the basis of the complaint process moving forward, to be provided to the Respondent.
    1. The designated contact person for the applicable PSO/MSO(s) and Sport NB will receive notice of the decision of the Case Manager. This notification will include a summary and an overview of the process and timeline for completion but will not include any identifying information of the Complainant.
  10. The Case Manager’s decision to accept, dismiss or otherwise direct the complaint may not be appealed.
  11. After a complaint is accepted, a Mediator/Arbitrator will be appointed for the matter by the Case Manager from a list maintained by Sport NB.
  12. Any costs associated with the services of the Mediator/Arbitrator shall be covered by the NBSSCM.
  13. If a complaint is not accepted, the Case Manager may recommend that the Parties to informal conflict resolution resources outside of the NBSSCM process, including the programs as set out in Appendix A. Engagement in this informal conflict resolution process is voluntary.
ALTERNATIVE DISPUTE RESOLUTION
  1. Sport NB supports the principles of ADR and is committed to the techniques of negotiation, facilitation, and mediation as effective ways to resolve disputes. ADR also avoids the uncertainty, costs, and other negative effects associated with lengthy investigation, hearings, and appeals.
  2. All Parties are encouraged to communicate openly, and to collaborate and use problem-solving and negotiation techniques to resolve their differences.
  3. Sport NB’s position is that negotiated settlements are the preferred outcome, except where adjudication is required to ensure accountability, or where mediation is not feasible or appropriate.
  4. At the sole discretion of the Mediator/Arbitrator, various ADR techniques may be used during mediation. This includes but is not limited to virtual sessions, separate physical spaces, or the use of an intermediary to ensure a fair and trauma-informed process.
  5. Should a negotiated settlement be reached, the settlement shall be reported by the Case Manager to all Parties involved, as well as the applicable PSO/MSO and Sport NB. Following the settlement, any actions and/or sanctions shall be enacted in accordance with the timelines specified by the negotiated decision.
  6. Should a tentative negotiated settlement be reached that requires any action to be taken by Sport NB and/or an PSO/MSO or may reasonably impact the operations or reputation or Sport NB and/or a PSO/MSO, the proposed settlement shall be reported to Sport NB and/or a PSO/MSO for approval. Sport NB and/or a PSO/MSO may approve, reject, or propose amendments to a proposed settlement within 10 Days of the Parties arriving at the proposed settlement. Any decision by Sport NB and/or a PSO/MSO to approve, reject, or propose amendments to a negotiated settlement may not be appealed.
  7. If Sport NB and/or a PSO/MSO approves, rejects, or proposes amendments to a negotiated settlement, the Parties may continue to engage in negotiations, or proceed to arbitration.
  8. Any actions that are to take place because of the proposed settlement shall be completed in accordance with the timelines specified by the negotiated settlement, pending approval.
  9. The Parties may not withdraw from the proposed settlement pending the approval of any actions to be taken by Sport NB and/or a PSO/MSO.
  10. Failure to comply with a signed negotiated settlement will result in the suspension of the individual from participating in Activities. The lifting of the suspension will be reviewed by the applicable PSO/MSO upon the completion of all conditions identified in the signed negotiated settlement.
  11. Any negotiated settlement will be final and binding on the Parties. Negotiated settlements may not
    be appealed.
  12. A non-disclosure agreement (NDA) or any other confidentiality provision entered as part of a negotiated settlement may not prevent the publication by a PSO/MSO or other applicable sport organization of sanctions on registries such as the CSSP Public Registry, the SIC Database, or an NSO/PSO database. NDAs may not be entered into if a complaint involves allegations of sexual Maltreatment, grooming and boundary transgressions unless such an agreement:
    1. is the expressed wish and preference of the Complainant(s);
    2. includes an opportunity for the Complainant(s) to decide to waive their own confidentiality in the future and the process for doing so;
    3. aligns with the principles of the UCCMS;
    4. is of a set and limited duration; and
    5. does not adversely affect:
      1. the health or safety of a third party, or
      2. the public interest
  13. Any NDA in a complaint involving allegations of sexual Maltreatment, grooming and boundary transgressions must be reviewed and approved by the Mediator/Arbitrator. The Mediator/Arbitrator may, at their sole discretion, approve, reject, or propose amendments to an NDA.
    1. Any decision by the i to approve, reject, or propose amendments to an NDA may not be appealed.
  14. Should a negotiated settlement not be reached, the matter will proceed to arbitration.
MINORS
  1. Complaints may be brought by or against a Participant who is a Minor. Minors must have a parent/guardian or other adult serve as their representative during this process. Where appropriate, the Minor’s preference regarding their representative should be considered.
  2. Communication from the Case Manager, Mediator/Arbitrator or Appeal Arbitrator (as applicable) must be directed to the Minor’s representative.
  3. If the Minor’s representative is not their parent/guardian, the representative must have written permission to act in such a capacity from the Minor’s parent/guardian, unless the parent/guardian is implicated in the complaint or is otherwise unable to act in the Minor’s best interest.
  4. A Minor is not required to attend or participate in an oral hearing, if held, or participate in an investigation, if conducted. In such circumstances, no adverse inference can be drawn against a Minor.
  5. Where a Minor participates in a hearing or investigation, appropriate safeguards may be put in place by the Mediator/Arbitrator to protect their well-being during their participation.
  6. In matters where a Minor is the Respondent, restorative justice measures and procedures will be prioritized.
INVESTIGATION
  1. In exceptional circumstances where it is impossible to reasonably proceed without the benefit of an investigation, the Case Manager may order an investigation by an independent investigator before proceeding to Med/Arb.
  2. If an investigation by an investigator is required, the Case Manager will appoint an investigator that is skilled in investigating cases that align with the nature of the allegations.
  3. Investigations must be conducted with sensitivity and respect for the well-being of all parties involved. A trauma-informed approach should be applied consistently to ensure a safe, fair, and respectful process.
  4. Provincial legislation related to workplace harassment may apply to the investigation if harassment was directed toward an employee in the workplace. The investigator should review workplace safety legislation, the PSO/MSO’s policies for human resources, and/or consult independent experts to determine whether legislation applies to the complaint.
  5. The investigator must not be in a conflict-of-interest with the Parties and should have no prior involvement with the Complainant, Respondent, the PSO/MSO, or the NSO.
  6. The appointed investigator will have discretion on the investigation approach and will be considered a neutral third-party with a mandate to seek the truth and make findings based on evidence collected through the investigation process.
  7. While conducting the investigation, the investigator will follow current and accepted best practices for investigation, principles of fairness and natural justice, and any applicable provincial legislation.
  8. The investigation may take any form as decided by the investigator, guided by any applicable provincial legislation. The investigation may include:
    1. interviews with the Complainant;
    2. witness interviews;
    3. statement of facts (Complainant’s perspective) prepared by the investigator, acknowledged by the Complainant and provided to the Respondent;
    4. interviews with the Respondent; and
    5. statement of facts (Respondent’s perspective) prepared by investigator, acknowledged by the Respondent, and provided to the Complainant.
  9. If the investigator has reasonable suspicion or becomes aware of credible evidence of criminal conduct, the investigator shall report this concern to the Case Manager. The Case Manager may decide whether to report such findings to the 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 crime of abuse or neglect against a child (under 16), fraud against a PSO/MSO (as applicable), or other offences where the lack of reporting would bring Sport NB and/or the PSO/MSO into disrepute.
  10. Prior to reporting to the police, the Case Manager must consider the safety and well-being of the identified Parties. Where reporting is not legally required, the Case Manager must consider whether reporting would put a Participant at risk and prioritize their safety. Where possible, the Participant should be involved in the decision-making process, as reporting abuse may cause further harm and disempower the Participant.
  11. Upon completion of their investigation, the investigator shall prepare a report that will include a summary of evidence gathered from the Parties to the investigation, any witnesses interviewed, and documentary information. The investigator will identify the conduct standard considered, provide an analysis of the relevant information gathered and make findings based on the evidence gathered, including a rationale for the findings made. Findings by the investigator shall be based on a balance of probabilities.
  12. All Parties are expected to cooperate fully in the investigation.
  13. If a Respondent attempts to circumvent the process by failing to respond to a complaint in a thorough or timely fashion or at all, or if the Complainant and/or the Respondent refuse(s) to participate in the review or third-party investigation process, the investigator may proceed based on the information made available to them by the Complainant and any witnesses interviewed/investigated as part of the process.
  14. The Case Manager retains the discretion of whether to share the full investigation report with the Parties or an anonymized or redacted version to protect the identity of witnesses. This decision may not be appealed.
PROVISIONAL MEASURES
  1. Provisional Measures may be imposed in a reasonable and proportionate manner, without limitation, having regard to a consideration of the following factors:
    1. The safety or well-being of any Participant and the provincial sport community;
    2. The seriousness of the allegations and the facts and circumstances of the case;
    3. Potential risks and prejudice from action and inaction;
    4. The best interest of sport and those who participate in it;
    5. The impact of the measures on the Respondent; and
    6. The integrity of the process.
  2. If it is considered appropriate or necessary on the basis of the circumstances, the imposition of an immediate Provisional Measure, including an interim suspension, may be imposed against any Participant by a PSO/MSO to which a Respondent belongs, after which further discipline or sanctions may be applied according to this policy.
  3. The PSO/MSO may determine that an alleged incident is of such severity as to warrant the imposition of Provisional Measures on a Respondent pending completion of an investigation, criminal process, or the Med/Arb process.
  4. The Case Manager, upon the receipt and acceptance of a complaint, may make non-binding recommendations to a PSO/MSO in the complaint summary regarding immediate Provisional Measures for a Respondent who belongs to the PSO/MSO if no such restrictions have already been imposed by the PSO/MSO.
    1. Any such recommendations are not subject to appeal.
    2. A PSO/MSO is not required to follow the recommendations of the Case Manager regarding the implementation of Provisional Measures.
  5. Any Respondent against whom a Provisional Measure is imposed may make a preliminary request to the Mediator/Arbitrator (once appointed) to have the Provisional Measure lifted. In such circumstances, the applicable PSO/MSO shall be provided with an opportunity to make submissions, orally or in writing, regarding the Respondent’s request to have the Provisional Measure lifted. Provisional Measures shall only be lifted or revised in circumstances where the Respondent establishes that it would be manifestly unfair to maintain the Provisional Measures against them.
  6. The decision by the Mediator/Arbitrator, which shall be in writing with appropriate reasons, whether to lift a Provisional Measure shall not be subject to appeal.
HEARING PROCESS
  1. The Case Manager will appoint a Mediator/Arbitrator from a roster maintained by Sport NB. Once appointed, the Mediator/Arbitrator will be the primary point of contact for the Parties, unless otherwise indicated.
  2. The complaint process will comply with the requirements of the NBSSCM Guidelines.
    1. The hearing will be governed by a process determined by the Mediator/Arbitrator, as they deem appropriate in the circumstances, provided that:
      1. within five (5) Days of their appointment, the Mediator/Arbitrator shall contact the Complainant(s) and the Respondent(s) to initiate the process;
      2. all matters under this policy, including investigations, interviews, administrative meetings and hearings, may held virtually or in person;
      3. the process must commence within three (3) to five (5) Days from the Mediator/Arbitrator’s first contact with the Parties, unless there are extenuating circumstances or scheduling considerations which reasonably delay the start of the hearing;
      4. the Mediator/Arbitrator will determine whether it is appropriate for the matter to proceed to mediation first. If the Mediator/Arbitrator does not believe that the matter should proceed to mediation or any of the Parties refuse to go to mediation, the matter will move directly to arbitration;
      5. the Mediator/Arbitrator shall ensure that all Parties are given the opportunity to present evidence in a manner which complies with fundamental administrative law requirements, including the rules of natural justice and procedural fairness. This includes, but is not limited to the sensitive needs of Minors, survivors of trauma, and other vulnerable individuals, as well as ensuring that appropriate measures to respect Cultural Safety are implemented;
      6. the Mediator/Arbitrator shall recognize the need to ensure a trauma informed approach and Cultural Safety;
      7. nothing is admissible in evidence at a hearing that would be inadmissible in a court because of any privilege under the law of evidence or is inadmissible by any statute;
      8. if the Mediator/Arbitrator grants a request from either party for additional time, the Mediator/Arbitrator has the authority to impose interim conditions, in addition to any Provisional Measures in place;
      9. the Parties must be given:
        1. 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, and
        2. copies of any written documents which the Parties wish to have the Mediator/Arbitrator consider will be provided to all Parties, through the Case Manager, in advance of the hearing;
      10. the Parties may engage a representative, advisor, or legal counsel at their own expense;
      11. if the Respondent acknowledges the facts of the incident(s), the Respondent may waive the hearing, in which case the Mediator/Arbitrator will determine the appropriate sanction. The Mediator/Arbitrator may still hold a hearing for the purpose of determining an appropriate sanction;
      12. the process will proceed if a Party chooses not to participate in the hearing;
      13. the Mediator/Arbitrator may request that any other individual or organization participate and give evidence at the hearing, including a PSO/MSO, provided such participation is reasonably required to effectively conduct the proceedings and is not prejudicial to the interest of the Parties; and
      14. the Mediator/Arbitrator may intervene in a line of questioning if questions are inappropriate or risk causing unnecessary distress to Participants or witnesses.
  3. The Mediator/Arbitrator has the power to modify a Provisional Measure and relieve against non-compliance with time limits, or any other technicality or irregularity as set out in this policy.

3 In such circumstances, the Complainant(s) may be required to provide evidence during the disciplinary process.

4 For the avoidance of doubt, this includes complaints referred to the Case Manager by the SIC if the SIC determine that a complaint initially reported to the SIC does not fall within its jurisdiction. The SIC is not required to comply with the deadline specified in this section.

5 As indicated in the Sport Dispute Resolution Centre of Canada’s Investigation Guidelines, a reported complaint shall not be characterized as vexatious if the evidence demonstrates that there was a reasonable basis for filing and pursuing it. For a complaint to be considered to have been made in bad faith, the Case Manager must consider that it was filed consciously for a dishonest purpose or due to the moral underhandedness of the Complainant and that there was an intention to mislead.

Revised September 2026