VICTORIAN SQUASH FEDERATION MEMBERS PROTECTION POLICY

(adopted by VSF Board on 28 November 2007)

PREFACE

The future of any sport is dependent upon the safety and well being of every member and the practice of sportsmanship at every level. Unfortunately every sport faces the prospect of encountering misconduct or bad behaviour at some time by one or some of its members.

Victorian Squash Federation has adopted a Member Protection Policy (MPP) to deal with the various types of misconduct and bad behaviour that may arise and to uphold the best interests of Squash. This Policy should be read in conjunction with Victorian Squash Federation’s other Regulations and Policies, in particular, Disciplinary Matters, the Rules of Squash (WSF Rules dated 1 May 2001) and Squash Australia’s Anti-Doping Policy.

This policy has been produced to assist in maintaining Squash as a safe sport for all participants.

The objectives of this policy are the same as those of Victorian Squash Federation’s disciplinary matters. They are to:

a.                  protect and provide a safe environment for all those who participate in Victorian Squash Federation’s activities and events;

b.                  provide guidelines to its Members for their protection while participating in Squash related activities and events;

c.                  assist in the maintenance of the high level of sportsmanship in Squash;

d.                  resolve problems relating to the conduct of players in their relations with each other, officials and the public;

e.                  assist in maintaining a positive attitude towards officials; and

f.                   assist in the maintenance of Squash Rules and Regulations.

The Board of Victorian Squash Federation believes that everyone who participates in the activities or events of Victorian Squash Federation has the right to be treated with dignity and respect. They also have the right to have any complaints or charges dealt with in a just manner and to be given the opportunity to be heard before any penalties are imposed.

 

PART A - MEMBER PROTECTION POLICY

  1. This part deals with Victorian Squash Federation’s core values, the aim of the Members Protection Policy, the Code of Conduct, and the organisation’s policy position statements.

Victorian Squash Federation’s Core Values

  1. In our relationship and dealings with our stakeholders and each other, we will:
    • be open and transparent;
    • communicate effectively;
    • accept responsibility for decisions and actions;
    • be responsive to their needs;
    • endeavour to reach a common understanding through consultation;
    • strive for excellence, effectiveness and efficiency to maximise our performance;
    • be cooperative and operate as a team;
    • strive for continuous improvement; and
    • value the well being and diversity of all our players

Purpose of this Policy

  1. This MPP aims to ensure our core values, good reputation and positive behaviours and attitudes are maintained. It assists us in ensuring that every person involved in our sport is treated with respect and dignity, and is safe and protected from abuse. This policy also ensures that everyone involved in our sport is aware of his or her legal and ethical rights and responsibilities.
  2. The policy attachments provide the procedures that support our commitment to eliminating discrimination, harassment, child abuse and other forms of inappropriate behaviour from our sport. As part of this commitment, Victorian Squash Federation will take disciplinary action against any person or organisation bound by this policy if they breach it.
  3. This policy has been endorsed by Victorian Squash Federation and has been incorporated into the Victorian Squash Federation Regulations. The Board of Victorian Squash Federation may amend this policy, and/or its attachments from time to time. Copies of the policy and its attachments can be obtained from the Victorian Squash Federation website www.victoriansquash.com.au or from the Victorian Squash Federation Office.

Application

  1. This policy applies to the following, whether they are in a paid or unpaid/voluntary capacity:
    • Individuals sitting on boards, committees and sub-committees;
    • Employees and volunteers;
    • Support personnel (e.g. managers, physiotherapists, psychologists, masseurs, sport trainers);
    • Coaches and assistant coaches;
    • Athletes and players;
    • Referees, umpires and other officials;
    • Members, including life members;
    • Member associations;
    • Affiliated clubs and associated organisations;
    • Any other person or organisation that is a member of or affiliated to the Victorian Squash Federation; and
    • Parents, guardians, spectators and sponsors to the full extent that is possible.
  2. This policy will continue to apply to a person even after they have stopped their association or employment with Victorian Squash Federation if disciplinary action, relating to an allegation of child abuse against that person, has commenced.

Code Of Conduct

  1. Victorian Squash Federation requires every individual and organisation bound by this policy to:

a.                  be ethical, fair and honest in all their dealings with other people and Victorian Squash Federation;

b.                  treat all persons with respect and courtesy and have proper regard for their dignity, rights and obligations;

c.                  always place the safety and welfare of children above other considerations;

d.                  comply with Victorian Squash Federation’s constitution, regulations and policies including this member protection policy;

e.                  operate within the rules and spirit of the sport;

f.                   comply with all relevant Australian laws (Federal and State), particularly anti-discrimination and child protection laws;

g.                  be responsible and accountable for their conduct; and

h.                  abide by the relevant Role-Specific Codes of Conduct outlined in Part D of this policy.

Organisational Responsibilities

  1. Victorian Squash Federation, its Member Associations and their affiliated clubs must:

a.      adopt and comply with this policy;

b.      recognise and enforce any penalty imposed under this policy;

c.      publish, distribute and otherwise promote this policy and the consequences for breaching it;

d.      promote appropriate standards of conduct at all times;

e.      promptly deal with any breaches of or complaints made under this policy in an impartial, sensitive, fair, timely and confidential manner;

f.       apply this policy consistently without fear or favour;

g.      ensure that a copy of this policy is available or accessible to the persons to whom this policy applies;

h.      appoint or have access to appropriately trained people to receive and handle complaints and allegations (e.g. Member Protection Information Officers (MPIOs) and/or Complaint Managers) and display the names and contact details in a way that is readily accessible; and

i.        monitor and review this policy at least annually.

Individual Responsibilities

  1. Individuals bound by this policy are responsible for:

a.      making themselves aware of the policy and complying with the standards of conduct outlined in this policy;

b.      consenting to a national police check and a Working With Children Check if the individual holds or applies for a role that involves direct and unsupervised contact with people under the age of 18 years;

c.      complying with all other requirements of this policy;

d.      co-operating in providing a discrimination, child abuse and harassment free sporting environment; and

e.      understanding the possible consequences of breaching this policy.

Policy Position Statements

  1. This part covers the statements regarding child protection and anti-discrimination and harassment and sexual relationships policies.

Child Protection Policy

  1. Every person and organisation bound by this policy must always place the safety and welfare of children above all other considerations.
  2. Victorian Squash Federation acknowledges that our staff and volunteers provide a valuable contribution to the positive experiences of our juniors. Victorian Squash Federation aims to ensure this continues and to protect the safety and welfare of its junior participants. Several measures will be used to achieve this such as:
  3. Prohibiting any form of abuse against children;
    • Providing opportunities for our juniors to contribute to and provide feedback on our program development;
    • Carefully selecting and screening people whose role requires them to work with, have regular contact with and direct and unsupervised contact with children. (Screening procedures are outlined in Part B of this policy);
    • Ensuring our codes of conduct, particularly for roles associated with junior sport, are promoted, enforced and reviewed;
    • Providing procedures for raising concerns or complaints (our complaints procedure is outlined in Part C of this policy); and
    • Providing education and/or information to those involved in our sport on child abuse and child protection.
  4. Victorian Squash Federation requires that any child who is abused or anyone who reasonably suspects that a child has been or is being abused by someone within our sport, to report it immediately to the police or relevant government agency and Victorian Squash Federation MPIO or Executive Director. Descriptions of the sorts of activity, which may be abuse are in the Definitions at paragraph 56.
  5. All allegations of child abuse will be dealt with promptly, seriously, sensitively and confidentially. A person will not be victimised for reporting an allegation of child abuse and the privacy of all persons concerned will be respected. The procedures for handling allegations of child abuse are outlined in attachment C4 of this policy.
  6. If anyone bound by this policy reasonably suspects that a child is being abused by his or her parent/s, they are advised to contact the relevant government department for youth, family and community services in their state/territory.

Anti-Discrimination and Harassment Policy

  1. Victorian Squash Federation aims to provide a sport environment where all those involved in its activities are treated with dignity and respect, and without harassment or discrimination.
  2. Victorian Squash Federation recognises that all those involved in its activities cannot enjoy themselves, perform to their best, or be effective or fully productive if they are being treated unfairly, discriminated against or harassed because of their sex, marital status, pregnancy, parental status, race, age, disability, homosexuality, sexuality, transgender, religion, political belief and/or industrial activity.
  3. Victorian Squash Federation prohibits all forms of harassment and discrimination not only because it is against the law, but because it is extremely distressing, offensive, humiliating and/or threatening and creates an uncomfortable and unpleasant environment.
  4. Descriptions of some of the types of behaviour, which could be regarded as harassment or discrimination are provided in the Definitions at paragraph 56.
  5. If any person feels they are being harassed or discriminated against by another person or organisation bound by this policy, please refer to our complaints procedure outlined in attachment C1 of this policy. This will explain what to do about the behaviour and how Squash Australia will deal with the problem.

Sexual Relationships Policy

  1. Victorian Squash Federation takes the position that sexual relationships between coaches and the adult athletes that they coach should be avoided. Victorian Squash Federation takes the view that such relationships while not necessarily constituting unlawful harassment, can have harmful effects on the individual athlete involved, on other athletes and coaches, and on the sport’s public image. Such relationships tend to be intentionally or unintentionally exploitative because there is usually a disparity between coaches and athletes in terms of authority, power, maturity, status and dependence. Victorian Squash Federation’s policy position is similar to other organisations that disallow professionals such as teachers, doctors and counsellors to have sexual relationships with their clients or students.
  2. Should a sexual relationship develop between an athlete and coach, Victorian Squash Federation will investigate whether any action against the coach is necessary. Factors that may be relevant to consider are the age and maturity of the athlete relative to the coach, the financial or emotional dependence of the athlete on the coach, and the likelihood of the relationship having any adverse impact on the athlete and/or other athletes. If it is determined that the sexual relationship is inappropriate, action may be taken to stop the coaching relationship with the athlete. Action may include transfer, a request for resignation or dismissal from coaching duties.
  3. In the event that an athlete attempts to initiate an intimate sexual relationship, the coach must take personal responsibility for discouraging such approaches, explaining the ethical basis for such action. The coach may wish to approach the Victorian Squash Federation MPIO or other designated complaints person if they feel harassed.
  4. The law is always the minimum standard for behaviour within the Victorian Squash Federation and therefore sex with a child is a criminal offence.

Pregnancy Policy

  1. Victorian Squash Federation is committed to providing an inclusive sporting environment for pregnant women involved in its activities. Victorian Squash Federation expects everyone bound by this policy to treat pregnant women with dignity and respect and to remove any unreasonable barriers to participation in our sport that disadvantage them. We will not tolerate any unlawful discrimination or harassment against pregnant women or women who may become pregnant.
  2. Descriptions of some of the types of behaviour which could be regarded as pregnancy discrimination or harassment are provided in the Dictionary at clause 11.
  3. If any person feels they are being harassed or discriminated against by another person or organisation bound by this policy, please refer to our complaints procedure outlined in attachment [C1] of this policy. This will explain what to do about the behaviour and how Victorian Squash Federation will deal with the problem.
  4. While many sporting activities are safe for pregnant women to participate in, there may be particular risks that apply to some women during pregnancy. Those risks will depend on the nature of the particular sporting activity and the particular pregnant woman’s circumstances.
  5. Victorian Squash Federation will take reasonable care to ensure the safety, health and well being of pregnant women and their unborn children. We will advise pregnant women that there may be risks involved, and encourage them to obtain medical advice about those risks. Pregnant women should be aware that their own health and wellbeing, and that of their unborn children, are of utmost importance in their decision making about the extent and manner in which they participate in our sport.
  6. We encourage all pregnant women to consult with their medical advisers, make themselves aware of the facts about pregnancy in sport, and ensure that they make informed decisions about participation in particular sporting activities.
  7. We will only require pregnant women to sign a disclaimer if we require other participants to sign one in similar circumstances. We will not require women to undertake a pregnancy test.

Gender Identity Policy

  1. Victorian Squash Federation is committed to providing an inclusive sporting environment where transgender or transsexual people involved in its activities are able to contribute and participate. Victorian Squash Federation expects everyone who is bound by this policy to treat people who identify as transgender or transsexual fairly and with dignity and respect. This includes acting with sensitivity and respect where a person is undergoing gender transition. We will not tolerate any unlawful discrimination or harassment against a person who identifies as transgender or transsexual or who is thought to be transgender or transsexual.
  2. Descriptions of some of the types of behaviour which could be regarded as transgender or transsexual discrimination or harassment are provided in the Dictionary at clause 11.
  3. If any person feels they are being harassed or discriminated against by another person or organisation bound by this policy, please refer to our complaints procedure outlined in attachment [C1] of this policy. This will explain what to do about the behaviour and how Victorian Squash Federation will deal with the problem.
  4. Victorian Squash Federation recognises that the exclusion of transgender or transsexual people from participation in sporting events has significant implications for their health, well-being and involvement in community life. In general Victorian Squash Federation will facilitate transgender or transsexual persons participating in our sport of the sex with which they identify.
  5. Victorian Squash Federation also recognises there is debate over whether a male to female transgender person obtains any physical advantage over other female participants. This debate is reflected in the divergent discrimination laws across the country. If issues of performance advantage arise, Victorian Squash Federation will seek advice on the application of those laws in the particular circumstances.
  6. Victorian Squash Federation is aware that the International Olympic Committee (IOC) has established criteria for selection and participation in the Olympic Games. Where a transgender or transsexual person intends competing at an elite level, we will encourage them to obtain advice about the IOC’s criteria which may differ from the position taken by the Victorian Squash Federation.
  7. Victorian Squash Federation notes that drug testing procedures and prohibitions also apply to people who identify as transgender or transsexual. A person receiving treatment involving a Prohibited Substance or Method, as described on the World Anti-Doping Agency’s Prohibited List, should apply for a standard Therapeutic Use Exemption.

Other Relevant Policies

  1. Other Victorian Squash Federation relevant policies can be found at www.victoriansquash.com.au.

Complaints Procedures

  1. Complaints procedures covers complaints, victimisation, mediation and tribunals.

Complaints

  1. Victorian Squash Federation aims to provide an easy to use, confidential and trustworthy procedure for complaints based on the principles of natural justice. Any person may report a complaint (complainant) about a person/s or organisation bound by this policy if they reasonably believe that a person/s or a sporting organisation has breached this policy. A complaint should be reported to the MPIO or Executive Director of the Victorian Squash Federation.
  2. A complaint may be reported as an informal or formal complaint. The complainant decides whether the complaint will be dealt with informally or formally unless the MPIO or Executive Director of the Victorian Squash Federation considers that the complaint falls outside the parameters of this policy and would be better dealt with another way.
  3. All complaints will be dealt with promptly, seriously, sensitively and confidentially. Our complaint procedures are outlined in attachment C1 of this policy.

Vexatious Complaints & Victimisation

  1. Victorian Squash Federation aims to ensure our complaints procedure has integrity and is free of unfair repercussions or victimisation. If at any point in the complaint process the MPIO or Executive Director of the Victorian Squash Federation considers that a complainant has knowingly made an untrue complaint or the complaint is vexatious or malicious, the matter may be referred to a Hearing Tribunal for appropriate action which may include disciplinary action against the complainant.
  2. Victorian Squash Federation will also take all necessary steps to make sure that people involved in a complaint are not victimised by anyone for coming forward with a complaint or for helping to sort it out. Disciplinary measures will be imposed on anyone who victimises another person for making a complaint.

Mediation

  1. Victorian Squash Federation aims to sort out complaints with the minimum of fuss wherever possible. In many cases, complaints can be sorted out by agreement between the people involved with no need for disciplinary action. The people involved in a formal complaint - the complainant and the person complained about (respondent) - may also seek the assistance of a neutral third person or a mediator. Lawyers are able to negotiate on behalf of the complainant and/or respondent.
  2. Mediation may occur either before or after an investigation of a complaint. If a complainant wishes to try and resolve the complaint with the assistance of a mediator, the MPIO or other designated person will, in consultation with the complainant, arrange for a mediator to mediate the complaint. More information on the mediation process is outlined in attachment C2 of this policy.

Tribunals

  1. A Hearing Tribunal may be formed to hear a formal complaint that has been referred by the MPIO or CEO or an alleged breach of the policy. Our tribunal hearings procedure is outlined in attachment C5 of this policy.
  2. A respondent may lodge one appeal only to the appeal tribunal in respect of a decision of a hearing tribunal. The decision of the appeal tribunal is final and binding on the people involved to the appeal. Our appeals process is outlined in attachment C5 of this policy.
  3. Every organisation bound by this policy will recognise and enforce any decision made, and form of discipline imposed, by an appeals tribunal under this policy.
  4. Members of hearing and appeal tribunals will be indemnified by the organisation that appointed them against any claim for loss, compensation or damages, and for costs incurred defending a claim made against them, because of their function as a member of a hearings or appeals tribunal.

Policy Breach

  1. It is a breach of this policy for any person or organisation to which this policy applies, to have been found to have:

            a.      done anything contrary to this policy;

            b.      breached the Code of Conduct and Role-Specific Codes of Conduct;

            c.      brought the sport and or Victorian Squash Federation into disrepute;

            d.      failed to follow Victorian Squash Federation regulations, policies and procedures for the protection, safety and welfare of children;

            e.      appointed or continued to appoint a person to a role that involves working with children and young people contrary to this policy;

             f.      discriminated against or harassed any person;

            g.      victimised another person for reporting a complaint;

            h.      engaged in a sexually inappropriate relationship with a person that the person supervises, or has influence, authority or power over;

              i.      disclosed to any unauthorised person or organisation any Victorian Squash Federation information that is of a private, confidential or privileged nature;

             j.      made a complaint they knew to be untrue, vexatious, malicious or improper;

            k.      failed to comply with a penalty imposed after a finding that the individual or organisation has breached this policy; and

              l.      failed to comply with a direction given to the individual or organisation during the discipline process.

Forms of Discipline

  1. If an individual or organisation to which this policy applies breaches this policy, one or more forms of discipline may be imposed. These may include making a verbal or written apology, paying a fine, being suspended or de-registered or having a person’s appointment or employment terminated. More information on the range of disciplinary measures and the factors that will be considered before imposing discipline is at attachment C6 of this policy.

Definitions

  1. These Definitions set out the meaning of words used in this policy and its attachments without limiting the ordinary and natural meaning of the words. More details on some of the words in this dictionary can be sourced from the Department of Justice or the Equal Opportunity and Anti-Discrimination Commissions.

Abuse is a form of harassment and includes physical abuse, emotional abuse, sexual abuse, neglect, and abuse of power. Examples of abusive behaviour include bullying, humiliation, verbal abuse and insults.

Affiliated club means those clubs, venues or organisations (howsoever described), which are a member of or affiliated to a member association.

Child means a person who is under the age of 18 years (see also definition of young person)

Child abuse relates to children at risk of harm (usually by adults, sometimes by other children) and often by those they know and trust. It can take many forms. Children may be harmed by both verbal and physical actions and by people failing to provide them with basic care. Child abuse may include:

  • Physical abuse by hurting a child or a child’s development (e.g. hitting, shaking or other physical harm; giving a child alcohol or drugs; giving bad nutritional advice; or training that exceeds the child’s development or maturity).
  • Sexual abuse by adults or other children where a child is encouraged or forced to watch or engage in sexual activity or where a child is subject to any other inappropriate conduct of a sexual nature (e.g. sexual intercourse, masturbation, oral sex, pornography including child pornography or inappropriate touching or conversations).
  • Emotional abuse by ill-treating a child (e.g. humiliation, taunting, sarcasm, yelling, negative criticism, name calling, ignoring or placing unrealistic expectations on a child).
  • Neglect (e.g. failing to give food, water, shelter or clothing or to protect a child from danger or foreseeable risk of harm or injury).

Complaint means a complaint made under attachment C1 of this policy.

Complainant means the person making a complaint.

Discrimination means treating or proposing to treat a person less favourably than someone else in certain areas of public life on the basis of an attribute or personal characteristic they have. The relevant attributes or characteristics are:

  • Age;
  • Disability;
  • Family/carer status;
  • Gender identity/transgender status;
  • Homosexuality and sexual orientation;
  • Irrelevant medical record;
  • Irrelevant criminal record;
  • Marital status;
  • Physical features;
  • Political belief/activity;
  • Pregnancy and breastfeeding;
  • Race;
  • Religious belief/activity;
  • Sex or gender;
  • Sexual orientation;
  • Social origin;
  • Trade union membership/activity.

Discrimination is not permitted in the areas of employment (including volunteer and unpaid employment); the provision of goods and services; the selection or otherwise of any person for competition or a team (domestic or international); the entry or otherwise of any player or other person to any competition; obtaining or retaining membership of an organisation (including the rights and privileges of membership).

Requesting, assisting, instructing, inducing or encouraging another person to engage in discrimination may also be discriminatory conduct.

Discrimination may be direct or indirect. Direct discrimination is treating, or proposing to treat someone less favourably because of a characteristic (such as race, sex, age, etc), in the same or similar circumstances. Indirect discrimination is imposing or intending to impose a requirement, condition or practice that is the same for everyone but which has an unequal or disproportionate effect on particular individuals or groups.

Examples of Discrimination

Age: A club/venue refuses to allow an older person to coach a team simply because of their age.

Breastfeeding: A member of the club/venue who is breastfeeding her baby in the club rooms is asked to leave.

Disability: A junior player is overlooked because of her mild epilepsy.

Family responsibilities: A club/venue decides not to promote an employee because he has a child with a disability even though the employee is the best person for the job.

Gender Identity: A transgender contract worker is harassed when employees refuse to call her by her female name.

Homosexuality: An athlete is ostracised from her team after she tells a team mate that she is a lesbian.

Marital Status: A player is deliberately excluded from team activities and social functions because she is single.

Pregnancy: A woman is dropped from her squad when she becomes pregnant.

Race: An Italian referee is not permitted to referee games with a high proportion of Italian players on one team because of his race.

Sex: Specialist coaching is only offered to male players in a mixed team.

Harassment is any type of behaviour that the other person does not want and does not return and that is offensive, abusive, belittling or threatening. The behaviour is unwelcome and of a type that a reasonable person would recognise as being unwelcome and likely to cause the recipient to fee