Dispute Resolution (Ajax Minor Hockey Association)

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AMHA Conflict Resolution Process

Principles of the AMHA Dispute Resolution Process


The AMHA Dispute Resolution Process guides the handling of all complaints related to bullying, harassment, abuse and code of conduct issues, as defined in the Index of Terms that is attached to this policy.

AMHA is committed to creating a healthy, fair and efficient environment for resolving conflict and will endeavour to solve any dispute that arises in a fair and equitable manner. To that end, AMHA has adopted the OMHA Dispute Resolution Process.

Please note that the Dispute Resolution Committee will not address any complaints that are not related to the above mentioned concerns (i.e. ice time, player position). Further, only disputes that follow the Dispute Resolution Process and are received on the appropriate form will be addressed. Complaints that are not received by the Dispute Resolution Committee within 10 days of an unsatisfactory result at Level 1 in the Dispute Resolution Process will not be addressed.

Under the Dispute Resolution Process, all complaints are required to be handled in a timely and efficient manner. In more complex cases where additional time is required, the parties will be notified of the status of the matter, including reasons for any delay.

The Dispute Resolution Committee shall be comprised of three members (the Abuse and Harassment Co-ordinator, the Immediate Past President and OMHA Director).

DISPUTE RESOLUTION FORMS CAN BE FOUND HERE

Level 1 – Team Dispute Resolution Process

A common and effective practice is to allow 24 hours after an issue or concern occurs before discussing the concern or issue. If the Complainant still has an issue or concern that needs to be addressed beyond the 24 hour period, it is strongly suggested that the Complainant first meet privately with the Respondent in an attempt to resolve the issue.

If the Complainant (the person making the complaint) is not satisfied with the outcome of the one-on-one meeting with the Respondent (the person who the complaint is about and who responds to the complaint) , assistance from the team designate (usually the team Manager) may be necessary. The team designate, acting in the role of mediator, will bring the parties (Complainant and Respondent) together once again to promote dialogue and to facilitate a resolution of the complaint.

Step 1
Complainant should attempt to meet with the Respondent with whom the complaint is about.

Step 2
If the Complainant is not satisfied with the response provided by the Respondent, the matter should be presented to the team designate (usually the team Manager but can be determined by the team at the beginning of the hockey season).

Within 7 days of receiving the verbal complaint, the team designate will arrange an informal meeting between the Complainant and the Respondent in an attempt to reach a resolution.

Step 3
If the Complainant is not satisfied with the outcome of the informal meeting, the Complainant may then complete a complaint form and submit the formal complaint to the President of the hockey association for review. A copy of the complaint form can be found on the website at www.ajaxminorhockey.com.


DISPUTE RESOLUTION FORMS CAN BE FOUND HERE

Level 2 – AMHA Dispute Resolution Process

In the event of an unsatisfactory result at Level 1, the matter may be escalated to Level 2. At Level 2, dialogue between the Complainant and the Respondent is facilitated by the Dispute Resolution Committee for AMHA. If an agreement is not reached, the Dispute Resolution Committee will render a decision in the matter with recommendations if necessary.

Step 1
Complainant completes and submits complaint form by email to the President of AMHA for handling.

Step 2
The AMHA President sends the complaint form to the AMHA Dispute Resolution Committee. The Committee independently assesses the complaint and determines whether there is validity to the concerns raised and to assess the team’s role in handling the situation

Step 3
If the Dispute Resolution Committee determines that a complaint has no merit or that an informal meeting is unnecessary, the complaint will be referred back to the Board of Directors indicating that no further action will be taken. The Dispute Resolution Committee will prepare a written report containing its findings and will send the report to the Complainant/Respondent and to the AMHA President. A record of the complaint will be kept on file by the AMHA.

Step 4
If the complaint has merit, an informal meeting before the Dispute Resolution Committee will be scheduled within 7 days from the receipt of the written complaint form.


Step 5
Should the parties reach a resolution, Section C of the Complaint form will be completed and submitted to the Board of Directors of AMHA with copies provided to the Complainant and the Respondent. No further action is required.

Step 6
Should a resolution not be reached, the Complainant and the Respondent will be excused from the meeting and the Dispute Resolution Committee will make a decision and complete the “Decision Section” on the complaint form and return it to the AMHA President. The Complainant and the Respondent will receive a copy of the decision within 3 days of the Committee meeting.

Step 7
If the Complainant is not satisfied with the decision of the AMHA, he/she can file an appeal to the Ontario Minor Hockey Association (OMHA).

Please note that once you file an appeal to the OMHA, the matter will no longer be addressed by AMHA.

Any player, coach, parent or official, volunteer or executive member who brings legal action against AMHA before observing their right of appeal offered under this Dispute Resolution Process shall be deemed to have relinquished all playing or participation rights until such action has been resolved.


DISPUTE RESOLUTION FORMS CAN BE FOUND HERE

Level 3 – OMHA Dispute Resolution Process

Complaints received at Level 3 must have first been processed through Levels 1 and 2 respectively. No complaint may by-pass Level 1 and 2 unless there are extenuating and/or circumstances that endanger the well-being of the individual.

Step 1
The OMHA must receive an appeal application by mail or personal delivery no later than 7 days (including weekends and holidays) from the date the decision being appealed was sent to the person appealing. The Application fee is $100 and must be received with the Appeal Application.

Step 2
The OMHA President refers the Appeal Application to the Risk Management Officer to facilitate the process. If the Risk Management Officer determines that the matter did not go through the proper local association dispute resolution process, it will be referred back the Complainant advising him/her to go through the proper process.

Step 3
Should the Risk Management Officer determine that a hearing is necessary, it will be scheduled no later than 10 days after receipt of the complaint. The Complainant and the Respondent will be notified of the hearing in writing and all parties will be given a copy of the material submitted to the OMHA.

Prior to the hearing, every attempt will be made to facilitate a resolution before a formal decision is made.

Step 4
Should a hearing not be necessary, a response will be sent to the Complainant and the Respondent.

Step 5
Once the appeal is resolved, the OMHA will mail the decision to all parties. If the appeal concerns a harassment and abuse issue, the Ontario Hockey Federation (OHF) will be notified as required.

Step 6
Should the parties not be satisfied with the decision of the OMHA, he/she may appeal the decision to the Ontario Hockey Federation.



DISPUTE RESOLUTION FORMS CAN BE FOUND HERE

INDEX OF TERMS

Abuse: when a person needs protection from a person they trust and/or are dependent upon. This is a PROTECTION issue. The person in power may be hurting them in a number of ways.

Emotional: A chronic attack on a child’s self-esteem that is psychologically damaging by a person in a position of power, authority or trust (terrorizing, degrading and rejecting). This does NOT include benching a player for disciplinary reasons, cutting a player after tryouts, refusing to transfer a player, or limiting ice time.

Physical: When a person in a position of power or trust purposefully injures or threatens. This can include: slapping, hitting, shaking, kicking, pulling hair or ears, striking, shoving, grabbing, hazing (humiliating and degrading initiation rite in which a player is forced to participate in order to be accepted), or excessive exercise as a form of punishment.

Neglect: Chronic inattention to the basic necessities of life (this may occur in hockey when injures are not adequately treated, players are made to play with injuries, equipment is inadequate or unsafe, or road trips not properly supervised.

Sexual: When an older child, adolescent or adult for his or her own sexual stimulation or gratification, uses a young person.
There are two categories: A) Contact: touched or fondled in sexual areas and B) Non-Contact: Obscene calls, remarks on a computer, cell phone or in notes and any form of social media such as Facebook, Twitter, etc., sexually intrusive questions or comments, indecent exposure.

Bullying: Intentionally hurting someone in order to insult, humiliate, degrade or exclude him or her.

Physical examples include: hitting, kicking, grabbing, shoving, spitting on, beating others up, damaging or stealing personal property.

Verbal examples include: name-calling, hurtful teasing, humiliating, threatening someone, degrading behaviours, over the phone or in person, through text messaging or chat rooms.

Relational examples include: making others look foolish, excluding peers, spreading gossip or rumours (may happen in person, over the phone or computer).

Code of Conduct: Parents, coaches, players, volunteers, executives and AMHA members must conduct themselves in a manner that will allow the values and goals of the AMHA to be achieved.

Complaint: Description of the problem

Complainant: The person making the complaint

Respondent: The person with whom the complaint is about and who responds to the complaint

Team Designate: The person whom the team identifies as the person available to assist with the handling of complaints within the team (i.e. Team Manager or parent liason).

Harassment: Offensive behaviour, emotional, physical and/or sexual that involves discrimination against a person because of their race, national or ethnic origin, age, colour, religion, family status, sexual orientation, sex/gender, disability, marital status, or pardoned conviction.

It could be a single event or a pattern of mistreatment.

It may be directed at an individual or group.

Harassment occurs when someone attempts to negatively control, influence or embarrass another person

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Printed from ajaxminorhockey.com on Wednesday, September 20, 2017 at 10:30 AM