UNIVERSAL CODE OF CONDUCT & MALTREATMENT IN SPORTS (UCCMS) DEFINITIONS

The following terms are defined in the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”), as amended from time to time by the Sport Dispute Resolution Centre of Canada (“SDRCC”):

a) Consent

b) Disclosure

c) Discrimination

d) Duty to Report

e) Grooming

f) Maltreatment

g) Minor

h) Neglect

i) Physical Maltreatment

j) Power Imbalance

k) Prohibited Behaviour

l) Psychological Maltreatment

m) Reporting (or Report)

n) Sexual Maltreatment

o) Vulnerable Participant

Any defined terms from the UCCMS that are not explicitly listed above shall be understood as defined in the UCCMS, as amended from time to time by the SDRCC, if reference to any such terms is necessary in the course of the application of this Code of Conduct and Ethics.

DEFINITIONS

The following terms have these meanings in this Code:

a) Athlete – An individual who is subject to the policies of [Club], and who may also be subject to the policies of [relevant Division Member], Nordiq Canada and the UCCMS

b) Abuse – Includes Psychological Maltreatment, Physical Maltreatment, Neglect, and/or Grooming of Vulnerable Participants by Persons in Authority and which can have the following warning signs:

i. Recurrent unexplained injuries

ii. Alert behaviour; individual seems to always be expecting something bad to happen

iii. Often wears clothing that covers up their skin, even in warm weather

iv. Individual startles easily, shies away from touch or shows other skittish behaviour

v. Constantly seems fearful or anxious about doing something wrong

vi. Withdrawn from peers and adults

vii. Behaviour fluctuates between extremes (e.g., extremely cooperative or extremely demanding)

viii. Acting inappropriately younger than their age (like an infant; throwing tantrums)

ix. Acting out in an inappropriate sexual way with toys or objects

x. Self-harm (e.g., cutting, burning or other harmful activities)

xi. Not wanting to be alone with a particular individual

c) Bullying - is offensive behaviour and/or abusive treatment of a Participant that typically, but not always, involves an abuse of power. Examples of behaviour that may constitute Bullying include, but are not limited to:

i. Spreading malicious rumours, gossip or innuendos with the intent of causing harm or suffering to a Participant;

ii. Excluding or isolating a Participant socially with the intent of causing them harm or suffering;

iii. Making offensive jokes or derogatory comments to a Participant or to others;

iv. Yelling, verbally berating or using profanity;

v. Assigning unreasonable duties or workload which are unfavorable to a Participant; or

vi. Any form of cyber bullying which can include:

a. Sending mean or threatening emails or text/instant messages

b. Posting embarrassing photos of someone online

c. Creating a website to make fun of others

d. Pretending to be someone else

e. Tricking someone into sending pictures or videos or revealing personal information

f. Sending personal information (including pictures and videos) about someone else to a third-party

d) Event – An event sanctioned by RNSC, and which may include a social Event

e) Harassment – A course of vexatious comment or conduct against a Participant or group, which is known or ought reasonably to be known to be unwelcome. Types of behavior that constitute Harassment include, but are not limited to:

i. Written or verbal abuse, threats, or outbursts;

ii. Persistent unwelcome remarks, jokes, comments, innuendo, or taunts;

iii. Racial harassment, which is racial slurs, jokes, name calling, or insulting behavior or terminology that reinforces stereotypes or discounts abilities because of racial or ethnic origin;

iv. Leering or other suggestive or obscene gestures;

v. Condescending or patronizing behavior which is intended to undermine self-esteem, diminish performance or adversely affect working conditions;

vi. Practical jokes which endanger a person’s safety, or may negatively affect performance;

vii. Hazing – which is any form of conduct which exhibits any potentially humiliating, degrading, abusive, or dangerous activity expected of a junior-ranking individual by a more senior individual, which does not contribute to either individual’s positive development, but is required to be accepted as part of a team or group, regardless of the junior-ranking individual’s willingness to participate. This includes, but is not limited to, any activity, no matter how traditional or seemingly benign, that sets apart or alienates any teammate or group member based on class, number of years on the team or with the group, or ability;

viii. Unwanted physical contact including, but not limited to, touching, petting, pinching, or kissing;

ix. Deliberately excluding or socially isolating a person from a group or team;

x. Persistent sexual flirtations, advances, requests, or invitations;

xi. Physical or sexual assault;

xii. Contributing to a poisoned sport environment, which can include

a. Locations where material that is discriminatory is displayed (e.g., sexually explicit posters and racial/racist cartoons)

b. Groups where harassing behavior is part of the normal course of activities

c. Behavior that causes embarrassment, awkwardness, endangers a person’s safety or negatively affects performance

xiii. Behaviors such as those described above that are not directed towards a specific person or group but have the same effect of creating a negative or hostile environment; and

xiv. Retaliation or threats of retaliation against a person who reports harassment to Nordiq Canada, Cross Country BC or RNSC.

f) Participants – Refers to all categories of individual [note: Club to confirm applicable terms in By-laws – e.g., “Members and/or Registrants”] as defined in the By-laws of RNSC, who are subject to the policies of RNSC, as well as all people employed by, contracted by, or engaged in activities with RNSC including, but not limited to, employees, contractors, Athletes, coaches, instructors, officials, volunteers, managers, administrators, committee members, parents or guardians, spectators, directors or officers.

h) Workplace – Any place where business or work-related activities are conducted. Workplaces include but are not limited to, the registered office(s), work-related social functions, work assignments outside the registered office(s), work-related travel, the training and competition environment, and work-related conferences or training sessions

i) Workplace Harassment – Vexatious comment or conduct against a worker in a Workplace that is known or ought reasonably to be known to be unwelcome. Workplace Harassment should not be confused with legitimate, reasonable management actions that are part of the normal work/training function, including measures to correct performance deficiencies, such as placing someone on a performance improvement plan, or imposing discipline for workplace infractions. Types of behaviour that constitute Workplace Harassment include, but are not limited to:

i. Bullying;

ii. Workplace pranks, vandalism, or hazing;

iii. Repeated offensive or intimidating phone calls or emails;

iv. Inappropriate sexual touching, advances, suggestions or requests;

v. Displaying or circulating offensive pictures, photographs or materials in printed or electronic form;

vi. Psychological abuse;

vii. Excluding or ignoring someone, including persistent exclusion of a person from work-related social gatherings;

viii. Deliberately withholding information that would enable a person to do their job, perform or train;

ix. Sabotaging someone else’s work or performance;

x. Gossiping or spreading malicious rumours;

xi. Intimidating words or conduct (offensive jokes or innuendos); and,

xii. Words or actions which are known, or ought reasonably to be known, as offensive, embarrassing, humiliating, or demeaning.

j) Workplace Violence – The use of or threat of physical force by a person against a worker in a Workplace that causes or could cause physical injury to the worker; an attempt to exercise physical force against a worker in a Workplace that could cause physical injury to the worker; or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker in a Workplace that could cause physical injury to the worker. Types of behaviour that constitute Workplace Violence include, but are not limited to:

i. Verbal or written threats to attack;

ii. Sending to or leaving threatening notes or emails;

iii. Physically threatening behaviour such as shaking a fist at someone, finger pointing, destroying property, or throwing objects;

iv. Wielding a weapon in a Workplace;

v. Hitting, pinching or unwanted touching which is not accidental;

vi. Dangerous or threatening horseplay;

vii. Physical restraint or confinement;

viii. Blatant or intentional disregard for the safety or wellbeing of others;

ix. Blocking normal movement or physical interference, with or without the use of equipment;

x. Sexual assault; and

xi. Any attempt to engage in the type of conduct outlined above

PURPOSE

The purpose of this Code is to ensure a safe and positive environment within the programs, activities, and Events of RNSC by making Participants aware that there is an expectation, at all times, of appropriate behavior consistent with the organization’s core values and policies. RNSC supports equal opportunity, prohibits discriminatory practices, and is committed to providing an environment in which all individuals can safely participate in sport and are treated with respect and fairness.

APPLICATION OF THE CODE

1.This Code applies to any Participant’s conduct during the business, activities, and Events of [Club] including, but not limited to competitions, practices, evaluations, treatment or consultations (e.g., massage therapy), training camps, travel associated with organizational activities, the office environment, and any meetings.1.

2. This Code also applies to Participants’ conduct outside of the business, activities, and Events of [Club] when such conduct adversely affects the organization’s relationships (and the work and sport environment) or is detrimental to the image and reputation of [Club]. Such applicability will be determined by [Club], at its sole discretion.

3. This Code applies to Participants active in the sport or who have retired from the sport where any claim regarding a potential breach of this Code occurred when the Participant was active in the sport.

4. In addition, breaches of this Code may occur when the Participants involved interacted due to their mutual involvement in the sport or, if the breach occurred outside of the sport environment, if the breach has a serious and detrimental impact on the Participant(s).

5. Any Participant who violates this Code may be subject to sanctions pursuant to the Discipline and Complaints Policy. In addition to facing possible sanctions pursuant to the Discipline and Complaints Policy, a Participant who violates this Code during a competition may be removed from the competition or training area, and the Participant may be subject to further sanctions.

UCCMS

As Nordiq Canada has adopted the UCCMS, it shall be incorporated into this Code by reference as if set out in full herein. Any modifications or amendments made to the UCCMS by the SDRCC shall come into effect immediately upon their adoption by the SDRCC, without the need for any further action by RNSC or by Nordiq Canada.

PERSONS IN AUTHORITY AND MALTREATMENT

When they are a Person in Authority, Participants are responsible for knowing what constitutes Prohibited Behavior and Maltreatment. The categories of Prohibited Behavior and Maltreatment are not mutually exclusive, nor are the examples provided in each category an exhaustive list. Rather, what matters for the assessment of the Prohibited Behavior and/or Maltreatment is whether the conduct falls into one or more of the categories, not into which category it falls. Abuse, assault, Harassment, Bullying, and hazing can be experienced in more than one category of Prohibited Behavior or Maltreatment.

Prohibited Behavior and/or Maltreatment can be any of the described conduct, provided the Prohibited Behavior or Maltreatment occurs in any one or a combination of the following situations (The physical location(s) where the alleged Prohibited Behavior or Maltreatment occurred is not determinative):

a) Within a sport environment;

b) When the Participant alleged to have committed Prohibited Behaviour and/or Maltreatment was engaging in sport activities;

c) When the Participants involved interacted due to their mutual involvement in sport; or

d) Outside of the sport environment where the Prohibited Behavior and/or Maltreatment has a serious and detrimental impact on another Participant.

It is a violation of the Code for sport administrators or other Persons in Authority to place Participants in situations that make them vulnerable to Prohibited Behavior or Maltreatment. This includes, but is not limited to, instructing an Athlete and coach to share a hotel room when traveling, hiring a coach who has a history of Prohibited Behavior or Maltreatment, assigning guides and other support staff to a para-Athlete when the guide or support staff has a reputation for Prohibited Behavior or Maltreatment or assigning such a guide or support staff to a para-Athlete in the absence of consultation with the para-Athlete.

RESPONSIBILITIES

Participants have a responsibility to:

a) Conduct themselves in a manner consistent with the True Sport principles

b) Refrain from any behaviour that constitutes Prohibited Behaviour, Maltreatment, Discrimination, Harassment, Workplace Harassment, or Workplace Violence

c) Maintain and enhance the dignity and self-esteem of other Participants by:

i. Treating each other with the highest standards of fairness, honesty, respect and integrity;

ii. Focusing comments or criticism appropriately and avoiding public criticism of Athletes, coaches, officials, organizers, volunteers, employees, other Participants, Nordiq Canada, its Members or clubs;

iii. Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct;

iv. Acting, when appropriate, to correct or prevent practices that are unjustly discriminatory; and

v. Ensuring adherence to the rules of the sport and the spirit of those rules.

d) Abstain from the non-medical use of medications or drugs or the use of Prohibited Substances or Prohibited Methods as listed on the version of the World Anti-Doping Agency’s Prohibited List currently in force. More specifically, [Club] adopts and adheres to the Canadian Anti-Doping Program. [Club] will respect any sanction imposed on a Participant as a result of a breach of the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules

e) Refrain from associating with any person for the purpose of coaching, training, competition, instruction, administration, management, athletic development, or supervision, who has been found to have committed an anti-doping rule violation and is serving a period of ineligibility imposed pursuant to the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules

f) Reasonably cooperate with the Canadian Centre for Ethics in Sport (CCES) or another anti-doping organization that is investigating anti-doping rule violations

g) Not harass, intimidate or otherwise conduct themselves offensively towards a doping control official or other individual involved in doping control

h) Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities

i) Refrain from consuming tobacco products, cannabis, or recreational drugs while participating in the programs, activities, competitions, or Events of [Club];

j) In the case of Minors, not consume alcohol, tobacco, or cannabis at any competition or Event;

k) In the case of adults, not consume cannabis in the Workplace or in any situation associated with the Events of [Club] (subject to any requirements for accommodation), not consume alcohol during training, competitions, or in situations where Minors are present, and take reasonable steps to manage the responsible consumption of alcohol in adult-oriented social situations

l) When driving a vehicle:

i. Have a valid driver’s license;

ii. Not be under the influence of alcohol or illegal drugs or substances;

iii. Have valid car insurance; and

iv. Refrain from holding a mobile device.

m) Respect the property of others and not wilfully cause damage

n) Promote sport in the most constructive and positive manner possible

o) Refrain from engaging in deliberate cheating which is intended to manipulate the outcome of a para-classification, competition and/or not offer or receive any bribe which is intended to manipulate the outcome of a competition

p) Adhere to all federal, provincial/territorial, municipal and host country laws

q) Comply, at all times, with the bylaws, policies, procedures, and rules and regulations of [Club] and those of any other sport organization with authority over the Participant, as applicable and as adopted and amended from time to time

r) Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions involving a Participant to [Club], including, but not limited to, those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method.

DIRECTORS, COMMITTEE MEMBERS & STAFF

In addition to responsibilities (above), Directors, Committee Members, and staff of [Club]will have additional responsibilities to:

a) Function primarily as a Director or Committee Member or staff member of [Club] (as applicable) and not as a member of any other organization or constituency

b) Ensure their loyalty prioritizes the interests of [Club]

c) Act with honesty and integrity and conduct themselves in a manner consistent with the True Sport principles and with the nature and responsibilities of the business and the maintenance of Participants’ confidence

d) Ensure that financial affairs are conducted in a responsible and transparent manner with due regard for all fiduciary responsibilities

e) Comply with the Screening Policy

f) Conduct themselves openly, professionally, lawfully and in good faith

g) Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward, or fear of criticism

h) Behave with decorum appropriate to both circumstance and position

i) Exercise the degree of care, diligence, and skill required in the performance of their duties pursuant to applicable laws

j) Maintain confidentiality of private organizational information

k) When acting as a Director or Committee Member, respect the decisions of the majority (the Board or a Committee, as applicable) and resign if unable to do so

l) Commit the time to attend meetings and be diligent in preparation for, and participation in, discussions at such meetings

m) Have a thorough knowledge and understanding of all governance documents

COACHES, INSTRUCTORS, TRAINERS & ATHLETE SUPPORT PERSONNEL

In addition to responsibilities (above), coaches, instructors, trainers and athlete support personnel have many additional responsibilities. The coach-Athlete relationship is a privileged one and plays a critical role in the personal, sport, and athletic development of the Athlete. Coaches must understand and respect the inherent power imbalance that exists in this relationship and must be extremely careful not to abuse it, either consciously or unconsciously. Coaches, instructors, trainers, and athlete support personnel will:

a) Avoid any behaviour that abuses the Power Imbalance inherent in the coaching position to (i) establish or maintain a sexual relationship with an Athlete that they are coaching, or (ii) encourage inappropriate physical or emotional intimacy with an Athlete, regardless of the Athlete’s age

b) Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability, and fitness level of the Athletes

c) Prepare Athletes systematically and progressively, using appropriate time frames and monitoring physical and psychological adjustments while refraining from using training methods or techniques that may harm Athletes

d) Avoid compromising the present and future health of Athletes by communicating and cooperating with sport medicine professionals in the diagnosis, treatment, and management of Athletes’ medical and psychological treatments

e) Support the coaching staff of a training camp, provincial/territorial team, or national team, should an Athlete qualify for participation with one of these programs

f) Accept and promote Athletes’ personal goals and refer Athletes to other coaches and sport specialists as appropriate

g) Provide Athletes (and the parents/guardians of Minor Athletes) with the information necessary to be involved in the decisions that affect the Athlete

h) Act in the best interest of the Athlete’s development as a whole person

i) Comply with the Screening Policy

j) Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions to [Club] (as applicable), including those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method

k) Not coach, train, or otherwise support athletes if they use methods or substances prohibited by the Canadian Anti-Doping Program without valid and acceptable justification

l) Under no circumstances provide, promote, or condone the use of drugs (other than properly prescribed medications) or prohibited substances or prohibited methods and, in the case of Minors, alcohol, cannabis, and/or tobacco

m) Respect Athletes competing for other jurisdictions and, in dealings with them, not encroach upon topics or actions which are deemed to be within the realm of 'coaching', unless after first receiving approval from the coaches who are responsible for the Athletes

n) Not engage in a sexual or intimate relationship with an Athlete of any age in which the coach is in a position of trust or authority

o) Disclose to [Club] any sexual or intimate relationship with an athlete over the age of majority and immediately discontinue any coaching involvement with that athlete

p) Recognize the power inherent in the position of coach and respect and promote the rights of all participants in sport. This is accomplished by establishing and following procedures for confidentiality (right to privacy), informed participation, and fair and reasonable treatment. Coaches have a special responsibility to respect and promote the rights of participants who are in a vulnerable or dependent position and less able to protect their own rights

q) Dress professionally and use appropriate language

ATHLETES

In addition to responsibilities (above), Athletes will have additional responsibilities to:

a) Adhere to their Athlete Agreement (if applicable)

b) Report any medical problems in a timely fashion, when such problems may limit their ability to travel, practice, or compete

c) Participate and appear on-time and prepared to participate to their best abilities in all competitions, practices, training sessions, and evaluations

d) Properly represent themselves and not attempt to participate in a competition for which they are not eligible by reason of age, classification, or other reason

e) Adhere to any rules and requirements regarding clothing and equipment

f) Dress to represent the sport and themselves with professionalism

g) Act in accordance with applicable policies and procedures and, when applicable, additional rules as outlined by coaches or managers

OFFICIALS

In addition to responsibilities (above), officials will have additional responsibilities to:

a) Maintain and update their knowledge of the rules and rules changes

b) Not publicly criticize other officials

c) Work within the boundaries of their position’s description while supporting the work of other officials

d) Act as an ambassador of the sport by agreeing to enforce and abide by national and provincial/territorial rules and regulations

e) Take ownership of actions and decisions made while officiating

f) Respect the rights, dignity, and worth of all Participants

g) Act openly, impartially, professionally, lawfully, and in good faith

h) Be fair, equitable, considerate, independent, honest, and impartial in all dealings with others

i) Respect the confidentiality required by issues of a sensitive nature, which may include discipline processes, appeals, and specific information or data about Participants

j) Comply with the Screening Policy

k) Honour all assignments unless unable to do so by virtue of illness or personal emergency, and in these cases inform a supervisor at the earliest possible time

l) When writing reports, set out the actual facts to the best of their knowledge and recollection

m) Dress in proper attire for officiating

PARENTS/GUARDIANS & SPECTATORS

In addition to responsibilities (above), parents/guardians and spectators at Events will:

a) Encourage Athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence

b) Condemn the use of violence in any form

c) Never ridicule a participant for making a mistake during a competition or practice

d) Respect the decisions and judgments of officials, and encourage Athletes to do the same

e) Support all efforts to remove verbal and physical abuse, coercion, intimidation, and sarcasm

f) Respect and show appreciation to all competitors, and to coaches, officials and other volunteers

g) Never harass competitors, coaches, officials, parents/guardians, or other spectators

RETALIATION, RETRIBUTION OR REPRISAL

It is a breach of this Code for any Participant to engage in any act that threatens or seeks to intimidate another individual with the intent of discouraging that Participant from filing, in good faith, a Report pursuant to any Nordiq Canada, Cross Country BC (CCBC) or RNSC policy or the UCCMS. It is also a breach of this Code for a Participant to file a Report for the purpose of retaliation, retribution or reprisal against any other Participant. Any Participant found to be in breach of this section shall be liable for the costs related to the disciplinary process required to establish the breach.

PRIVACY

The collection, use and disclosure of any personal information pursuant to this Policy is subject to RNSC’s Privacy Policy. [Note: if the Club does not have a privacy policy, omit “Privacy Policy” and insert “usual policies and practices regarding private and/or confidential information”]