20px

Glossary 

50px
Bloc main.blocs.text

Abuse-Free Sport means Canada’s independent system for preventing and addressing maltreatment in sport. The Office of the Sport Integrity Commissioner (OSIC) and the Director of Sanctions and Outcomes (DSO), both defined below, form part of the Abuse-Free Sport program. Additional resources can be found on the Abuse-Free Sport website.

Abuse-Free Sport Participant (formerley "UCCMS Participant") means an individual affiliated with a Program Signatory, who is subject to the UCCMS under the authority of the Program Signatory and who is under the jurisdiction of Abuse-Free Sport, pursuant to any applicable Abuse-Free Sport Participant Consent Form.

Canadian Sport Dispute Resolution Code (CSDRC) means the procedural rules that apply in Tribunal proceedings, such as challenges and appeals of Abuse-Free Sport decisions, are found in the Canadian Sport Dispute Resolution Code, which is available here. Often referred to as “the Code.”

Complaint means a completed and submitted complaint form that constitutes a Complaint regarding an alleged violation(s) of the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS). A Complaint can also be initiated by the OSIC itself, in accordance with the Policies & Procedures of the OSIC regarding an alleged violation(s) of the UCCMS.

Complaint Management Process means the process administered under Abuse-Free Sport to address alleged Prohibited Behaviour under the UCCMS, in accordance with the applicable Policies and Procedures.

Complainant means the party making a Complaint against another party regarding an alleged violation(s) of the UCCMS. The individual submitting a Complaint Form agrees to act as the Complainant throughout the Complaint Management Process in accordance with the OSIC's Policies & Procedures.

Director of Sanctions and Outcomes (DSO) means the individual(s) responsible for overseeing the imposition of Provisional Measures, approving mediated outcomes, and making decisions regarding violations of the UCCMS, including imposing Sanctions where relevant.

Interested Parties means a person having acted as the Complainant within the Abuse-Free Sport Complaint Management Process and/or having directly experienced the alleged Prohibited Behaviour under the UCCMS, and who is identified by the OSIC as an Interested Party. In accordance with relevant Abuse-Free Sport Policies and Procedures, the UCCMS and the Code, the following factors shall be taken into consideration in identifying who may be an Interested Party:

  • The person's standing in the context of the Complaint Management Process (i.e., is the individual a party or Impacted Person in connection with a Complaint or the parent or guardian of a party or Impacted Person in connection with a Complaint);
  • The extent to which the person has engaged in the Complaint Management Process;
  • The person's consent to the application of the Abuse-Free Sport Confidentiality Policy to the Complaint Management Process;
  • The facts and circumstances of the matter; and/or
  • The best interests of sport and those who participate in it, including the views of the Impacted Person(s), when feasible.

 

Investigation means the formal and systematic examination of a Complaint, initiated by the OSIC under the OSIC Guidelines Regarding Investigation of Complaints. Key elements of the OSIC Investigation may include (not necessarily in this order):

  • Appointment of Independent Investigator(s)
  • Gathering of Evidence (interviews, documents, etc.)
  • Review and Analysis of Evidence
  • Preparation and finalization of an Investigation Report

 

Investigation Report means the written report issued in accordance with section 4h. of the OSIC Guidelines Regarding Investigation of Complaints. The Independent Investigator provides a full written Investigation Report to the OSIC, which typically includes:

  • The mandate of the Independent Investigator;
  • An overview of the process used to investigate the allegations;
  • A summary of the evidence obtained - and the resulting findings of facts;
  • If applicable, identification of relevant mitigating or aggravating circumstances; and
  • If applicable, identification of any systemic or other issues identified.

After the Investigation Report is finalized, the final Report will be provided to the DSO, and subsequently be sent to each Party (with redactions, if required).

Investigation Unit (IU) means a roster of independent and qualified investigators appointed by the OSIC for purposes of performing Investigations that may be assigned to them by the OSIC.

Jurisdiction means the authority of the Abuse-Free Sport program to administer the UCCMS, via the Complaint Management Process, in relation to a specific situation. In other words, whether or not a case falls within the Abuse-Free Sport program’s authority. 

Legal Duty to Report means the legal obligation to contact the relevant law enforcement officials and/or child welfare under applicable circumstances. This duty varies by province/territory but generally relates to abuse of children/teens. The complaint management process of the OSIC does not discharge any legal duty to report any person may have under applicable legislation. Check the laws of your province/territory to understand your duty to report.

Maltreatment means a deliberate act and/or omission described in Sections 5.2-5.6 of the UCCMS that results in harm or has the potential for physical or psychological harm. Forms of Maltreatment include Psychological Maltreatment, Physical Maltreatment, Neglect, Sexual Maltreatment, and Grooming. 

Maltreatment in Sport Sanctions Council (MSSC) means an independent body that oversees the operations of the Director of Sanctions and Outcomes (DSO). Individuals are appointed to the Council through a public call for applications and are completely independent from any Program Signatories or individuals subject to the UCCMS. The complete Terms of Reference for the Council are found HERE.

Mandatory Mediation means an informal dispute resolution process, in which each party undertakes in good faith to negotiate with all other parties, with the assistance of a qualified mediator, with a view to settling an issue or situation. OSIC may identify certain cases for which mediation appears suitable and require parties to attempt mediation in those cases (the “Mandatory Mediation Process”). If Parties cannot come to a resolution, the case may then potentially move to an Investigation, or be archived. Parties involved in a case within the Mandatory Mediation Process are not required to engage in joint sessions with other Parties.

Office of the Sport Integrity Commissioner (OSIC) means the independent division of the SDRCC which comprises the functions of the Sport Integrity Commissioner, in accordance with Policies & Procedures of the OSIC.

Party means a person with certain rights within the Complaint Management Process, such as a Complainant or Respondent.

Policies & Procedures means the UCCMS, applicable policies and procedures of the OSIC and/or the DSO, the Canadian Sport Dispute Resolution Code, and applicable laws. A lisr of all the OSIC's Policies and Procedures can be found HERE

Preliminary Assessment means an initial analysis to assess a Complaint procedurally to determine where it goes next in the process or whether it should proceed at all. The Preliminary Assessment does not evaluate the merits of a Complaint. To find out more, this Assessment by the OSIC of a Complaint is in accordance with Section 4b. of the OSIC Guidelines regarding Initial Review & Preliminary Assessment.

Program Signatories means national sport organizations, multi-sport organizations and/or other sport organizations that have adopted the UCCMS and have retained the services of the SDRCC for the implementation of their safe sport framework.

Prohibited Behaviour means any of the conduct described in Section 5 of the UCCMS, including but not limited to Maltreatment.

Provisional Measure(s) means that prior to the final resolution of an alleged violation of the UCCMS, temporary or provisional measures may be imposed by the DSO. Provisional Measure(s) are not Sanctions and may take many forms, as described in the Abuse-Free Sport Policy Regarding Provisional Measures.

Registry means a searchable database of Participants subject to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport ("UCCMS") whose eligibility to participate in sport has in some way been restricted due to provisional measures and/or sanctions imposed, for purposes of carrying out the objectives of the UCCMS, the Physical Activity and Sport Act, Abuse-Free Sport and the mandate received by the Sport Dispute Resolution Centre of Canada from the Government of Canada for preventing and addressing maltreatment in sport, in accordance with applicable laws. The Registry may include personal information regarding a Respondent, including their name, city and/or province/territory of residence, affiliated sport organization, the category of the alleged violation or the nature of the violation pursuant to a decision, a description of the imposed sport participation restriction or Sanction conditions, the date of issuance, and period in which the restrictions are in effect.

Report means a report that allows individuals to provide information to the OSIC, but do not automatically engage the formal Complaint Management process. A Report can be made with or without providing your name and contact information. All completed and submitted report forms undergo an initial review by the OSIC to evaluate the information provided and determine its capacity to advance the matter as a Complaint in the Complaint Management Process. 

Reporter means the individual who files a Report. Anonymity is an option when submitting a Report, but is not an option when filing a Complaint.

Respondent means the party accused of the alleged violation(s) of the UCCMS in a Complaint or Report in the Complaint Management Process.

Sanction means a form of discipline or penalty for demonstrated Prohibited Behaviour. Sanctions will vary depending on the nature and severity of the Prohibited Behaviour(s) and are assessed in accordance with Section 7 of the UCCMS as well as the Abuse-Free Sport Policy Regarding Violations and Sanctions

SDRCC means the Sport Dispute Resolution Centre of Canada.

Safeguarding Tribunal means the Tribunal of the SDRCC Dispute Resolution Secretariat – independent of the OSIC - that hears challenges arising out of the application of the UCCMS, including from the Abuse-Free Sport Complainant Management Process.

UCCMS means the Universal Code of Conduct to Prevent and Address Maltreatment in Sport. It is the guiding document that sets harmonized rules to be adopted by sport organizations that receive funding from the Government of Canada to advance a respectful sport culture that delivers quality, inclusive, accessible, welcoming and safe sport experiences.

Witness(es) means those who may have information related to an alleged Prohibited Behaviour or violation of the UCCMS. Witnesses may be asked to participate in the investigation phase of the Complaint Management process.

50px