Definitions

Activity:

Any programs, business, activities, and events of an eligible PSO/MSO including, but not limited to competitions, practices, evaluations, treatment, or consultations (i.g., massage therapy), training camps, travel associated with organizational activities, the office environment, and any meetings that are organized and/or sanctioned by an eligible PSO/MSO. This includes conduct outside of the programs, business, activities, and events of an eligible PSO/MSO when such conduct adversely affects an eligible PSO/MSO’s relationships within the broader sport community, the work and sport environment, or is detrimental to the image and reputation of an eligible PSO/MSO.

Affected Parties:

Any individual or entity, as determined by the Appeal Manager, who may be affected by a decision rendered under the Appeal Policy and who may have recourse to an appeal in their own right.

Alternative Dispute Resolution (ADR):

A range of methods and procedures engaged for arriving at a solution to a dispute other than a decision by a designated individual.

Appeal:

Appeal of a decision of a Mediator/Arbitrator under this policy or of a decision of a PSO/MSO alleging the failure to follow their Constitution or by-laws, or policies as permitted by the terms of the NBSSCM Guidelines and this policy.

Appeal Manager:

A qualified and independent individual who oversees the management and administration of appeals. The Appeal Manager is appointed by the ITP. The Appeal Manager will have responsibilities that include using decision-making authority empowered by the Appeal Policy.

Appellant:

The party appealing a decision.

Case Manager:

A qualified and independent individual who oversees the management and administration of a complaint in accordance with this policy and the NBSSCM Guidelines. The Case Manager is appointed by the ITP, and must not be in a conflict of interest or have any direct relationship with the Parties.

SSP Participant:

An individual affiliated with a CSSP Sport Organization, as defined by the CSSP Rules, and is therefore subject to the CSSP Rules, or as otherwise designated by a CSSP Sport Organization. CSSP Participants may include an Athlete, a coach, a board member, an official, an Athlete Support Personnel, an employee, a Worker, an administrator, or a volunteer acting on behalf of, or representing a CSSP Sport Organization in any capacity.

CSSP Sport Organization:

A sport organization that has adopted the CSSP and has retained the services of the CCES for the CSSP.

Complainant:

An individual that files a complaint.

Independent Third Party (ITP):

An organization that is retained by Sport NB to receive reports with respect to a violation related to Major or Minor complaint and oversee the administration of the NBSSCM on behalf of Sport NB, as well as the appeal process.

Major Complaint:

Complaints related to any allegation of Maltreatment or Prohibited Behaviour, as defined by the UCCMS, by a Participant which may potentially involve a sanction involving a period of ineligibility.

Maltreatment:

As defined in the UCCMS.

Med/Arb:

A process conducted by a Mediator/Arbitrator that starts as a mediation and, if the dispute is not resolved, concludes by arbitration before the same Mediator/Arbitrator.

Mediator/Arbitrator:

An individual accepted and recognized by Sport NB, who meets the qualifications determined by Sport NB and is willing to conduct a Med/Arb for Sport NB pursuant to this policy and the NBSSCM Guidelines.

Minor:

An individual who is under the age of majority at the time and in the jurisdiction where the alleged violation occurred. At the time of writing this policy, an individual under the age of 18 is a Minor.

Minor Complaint:

Complaints related to any allegation of Maltreatment or Prohibited Behaviour or disagreement between Participants that, as decided by the Case Manager, do not fall under the scope of a Major Complaint.

NBSSCM:

New Brunswick Safe Sport Complaint Mechanism.

NSO:

The national governing body for given sport or discipline in Canada.

PSO/MSO:

A provincial sport organization or multi-sport organization who is a member of Sport NB and is eligible to participate in the NBSSCM. This may include associate members of Sport NB.

Participant:

All categories of membership, participant or registrant defined in the PSO/MSO By-laws, as well as all individuals engaged in activities with the PSO/MSO including, but not limited to, athletes, spectators, coaches, referees, officials, volunteers, committee members, medical staff, and directors.

Party or Parties:

The individual(s) or entities involved in a dispute.

Prohibited Behaviour:

As defined in the UCCMS.

Provisional Measures:

When a Participant is barred temporarily from participating in any capacity in any Activity of an eligible PSO/MSO, prior to a final resolution through the Med/Arb process conducted pursuant to this policy.

Respondent:

Participant(s) or PSO/MSO named in a complaint or appeal and, therefore, will respond to the complaint or an appeal.

UCCMS:

Universal Code of Conduct to Prevent and Address Maltreatment in Sport, as amended from time to time.