S.M.A.A. Child Protection Policy
Effective July 2014
It is the aim of the Sarnia Minor Athletic Association (“the S.M.A.A.”) to foster the advancement of education by promoting, through organized sport programs, healthy recreation among the minors in Sarnia and District, without restrictions to race, creed or level of ability. It is also the purpose of the S.M.A.A. to provide a wholesome experience, not only for the boys and girls participating, but also for the coaches, managers and league officials. It is therefore incumbent upon the S.M.A.A. to take precautions to ensure that volunteers do not have personal criminal histories which are incompatible with the aim. The S.M.A.A. is there fore committed to ensuring its sports programs are provided through individuals whose criminal histories are confirmed through a police background check that includes vulnerable sector check and a name-based criminal record check, as applicable. For this reason, it will be mandatory for volunteers with the S.M.A.A. to complete a successful police background check. Information collected will be collected only for the purpose for which it was intended.
The purpose of this policy is to minimize the risk of the S.M.A.A’s sports programs participants through police background checks of its volunteers.
PROCEDURE AND APPLICATION:
Where circumstance warrant, the S.M.A.A. reserves the right to repeat a vulnerable sector check or criminal record check.
A. Police Background Checks:
Police background checks may only be completed with the individual’s consent. If new/current volunteers refuse to give consent for a police background check, an offer of engagement with the S.M.A.A. may be rescinded.
Personnel who do not volunteer in the same location where they reside must have the police background checks performed in the jurisdiction in which they reside.
There are two (2) types of police background checks relevant to the S.M.A.A.:
i. Vulnerable Sector Checks:
To protect vulnerable people from offenders, a vulnerable sector check is required of all volunteers who will have direct and solitary contact with one or more vulnerable participants.
Vulnerable sector checks will be conducted by the municipal, provincial or federal police using the Canadian Police Information Centre system (“CPIC”).
Volunteers may not necessarily require a vulnerable sector check if they do not have direct and solitary contact with vulnerable participants.
ii: Criminal Records Checks:
While the S.M.A.A. does not require a criminal record check of all its volunteers, any volunteer may be subject to a criminal record check at the discretion of the S.M.A.A. If a criminal record check is conducted, a satisfactory criminal record check will be a condition of engagement of that volunteer.
Criminal record checks, if requested will be conducted by the municipal, provincial or federal police using the Canadian Police Information Centre system (“CPIC”).
A certified criminal record check may be required by the police to confirm an individual’s identity.
B. Children, Youth, and Newcomers:
A vulnerable sector check may not be possible for persons under the age of majority who are protected by the Youth Criminal Justice Act, or for newcomers to Canada. If a vulnerable sector check is not available, the child/youth/newcomer must not be placed in a situation of direct and solitary contact with vulnerable participants.
C. Privacy of Information:
All personal information collected during the course of conduction a vulnerable sector check or criminal record check will be accessed on a need to know basis, used solely for the purpose of conducting the police background check(s), held in the strictest confidence, and located in a secure location when retained, See I i and I ii below for retention directives.
Police background checks are the property of the S.M.A.A. All costs, therefore, associated with completing police background checks will be covered by the applicable sports program budget. Individuals who wish to have an original copy of their police background check, will be required to request a second original coy of such background check from the police and pay the applicable cost to the police for the second copy.
E. Condition of Engagement with the S.M.A.A.:
If the results of the police background checks have not yet been received at the time of the engagement, a volunteer may be engaged on the condition of a satisfactory police background check, but is NOT permitted to perform tasks that may cause them to have direct and solitary contact with vulnerable participants, work alone in a position of financial trust, or have responsibility for the security of information.
F. Evaluating Police Background Check Results:
i. Pardoned sex offender:
When a pardoned sex offender appears on a police background check, the PBC Director must report it to the S.M.A.A. Executive Committee of the sport concerned for a final decision.
ii. ‘Not clear’ police background checks:
All ‘not clear’ police background checks must be reviewed by the PBC Director and the S.M.A.A. Executive Committee of the sport concerned before any engagements decisions are made. Determining whether a police background check is satisfactory or unsatisfactory requires consideration of the following several factors including but not limited to:
a) Risk and relevance of the conviction and number of convictions;
b) Length of time passed since the conviction(s);
c) Relevance of the conviction to the duties and responsibilities associated with the position. Individuals cannot be excluded where a conviction is not relevant to the responsibilities of the position (e.g., an impaired driving charge is not relevant for a position where driving is not a requirement for the position).
d) Rehabilitation efforts made by the individual; and
e) Potential risk and liability to the S.M.A.A. and its clients if the individual is engaged.
G. Mid-Engagement police background checks:
Mid-engagement police background checks: To be completed every five (5) years on all volunteers required to have a police background checks, unless the volunteer’s position no longer requires contact with vulnerable participants. The S.M.A.A. reserves the right to amend the frequency of mid-engagement police background checks based on provincial legislative rulings. If a volunteers refuses to consent to a mid-engagement police background check, the volunteer may no longer be permitted to perform tasks that may cause them to have direct and solitary contact with vulnerable participants, work alone in a position of financial trust, or have responsibility for the security of information. All ‘not clear’ mid-engagement police background checks must be reviewed by the S.M.A.A. Executive Committee of the sport concerned before any continuing engagement decision are made.
H. Data Entry:
Only the date of the completed police background check(s) will be recorded in the S.M.A.A.’s volunteer data management system, with an entry stating ‘Refer to PBC Director for more information.’
I. Retention of Police Background Checks:
i. ‘Clear’ results:
a) Where a police background check was completed on paper and clear results are received, the results will be filed separately in a locked, secure location in the S.M.A.A. office. Clear results may be retained in this manner until such time as mid-engagement police background check results replace them, as required, or after a period of five (5) years, whichever date comes first, at which time they must be permanently destroyed.
b) Where a police background check was completed electronically and clear results are received, the results shall not be printed, but may be stored electronically with the S.M.A.A. office. Clear results may be retained electronically until such time as mid-engagement police background checks replace them, as required, or after a period of five (5) years, whichever date comes first, at which time they must be permanently destroyed.
ii. ‘Not clear’ results:
In the case where a police background check has been completed on paper and ‘not clear’ results have been received, all documentation must be forwarded to the S.M.A.A. office immediately in a sealed envelope marked ‘Confidential’. The documentation will retained in the S.M.A.A. office for a period of five (5) years and will be filed separately in secure storage.
BREACH OF POLICY:
Individuals who fail to comply with this policy may be subject to disciplinary action, up to and including termination of engagement with the S.M.A.A.
1. The applicable sport director responsible for police background checks (“PBC Director”) is responsible for ensuring the police background checks have been completed in accordance with the provisions of this policy. 2. The. S.M.A.A. Executive is responsible for advising sports chairpersons, maintaining, monitoring, and revising this policy, and for authorizing exceptions. 3. Members of each sports executive are responsible for applying and implementing this policy in their respective areas.
Questions regarding the application or interpretation of this policy should be referred to the PBC Director of the sport concerned.