POLICY SUMMARY: Investigations Policy

Note: This document is not the Investigations Policy. It is a summary of that policy. The definitive authority for matters related to this policy is the policy itself.

This Policy describes how CBSA will lead the investigation of any report which its independent Case Manager decides should be investigated on the basis of allegations of discrimination, harassment, workplace harassment, workplace violence, sexual harassment, or maltreatment.
Because of the seriousness of these kinds of allegations, this investigations process is different from either Process #1 or Process #2 as described in the discipline and complaints Policy.

If the Case Manager determines that an investigation must take place, the investigator chosen must be an independent third-party skilled in investigating, and must not be in a conflict of interest situation. The investigator should have no connection to either party.
Federal and/or Provincial legislation related to Workplace Harassment may apply to the investigation if Harassment was directed toward a worker in a Workplace.

The investigation may take any form as decided by the Investigator, guided by Federal and/or Provincial legislation.

It may include:

  • interviews with the Complainant;
  • witness interviews;
  • a statement of facts (the Complainant’s perspective) prepared by the Investigator, acknowledged by the Complainant and provided to the Respondent;
  • interviews with the Respondent;
  • a statement of facts (the respondent’s perspective) prepared by the Investigator, acknowledged by the Respondent and provided to the Complainant.

Upon completion of the investigation, the Investigator will prepare a report containing a summary of evidence from the parties (including both statements of facts, if applicable) and recommendations from the Investigator of whether, on a balance of probabilities, an incident occurred that could be considered Discrimination, Harassment, Workplace Harassment, Workplace Violence, Sexual Harassment, or Maltreatment, or breach of a governing document such as the Code of Conduct and Ethics.

The Investigator must be aware that sport-specific differences exist with respect to such aspects as acceptable levels of touch, physical contact, and aggression during training or competition and will consider such differences during the investigative process.

The Investigator’s Report is provided to the Case Manager who will disclose it, at their discretion, to the Organization and the relevant Participating Members (if applicable). Should the Investigator find that there are possible instances of offence under the Criminal Code, particularly related to Criminal Harassment (or Stalking), Uttering Threats, Assault, Sexual Interference, or Sexual Exploitation, the Investigator will advise the Complainant and the Organization or the Participating Member to refer the matter to the police.

The Investigator must also inform the Organization or the Participating Member of any findings of criminal activity. The Organization or the Participating Member may decide whether to report such findings to police; however, they must inform police if there are findings related to the trafficking of prohibited substances or methods (as indicated in the version of the World Anti-Doping Agency’s Prohibited List currently in force), any sexual crime involving Minors, fraud against the Organization or any Participating Member(s) or other offences where the lack of reporting would bring the Organization or the Participating Member into disrepute.

Any participant who submits a complaint to the Organization or who gives evidence in an investigation may not be subject to reprisal or retaliation from any individual or group. Any such conduct may constitute Maltreatment and will be subject to disciplinary proceedings on their own pursuant to the Discipline and Complaints Policy.

A Participant who submits allegations that the Investigator determines to be malicious, false or for the purpose of retribution, retaliation or vengeance (or that otherwise fall within the definition of Maltreatment) may be subject to a complaint under the terms of the Discipline and Complaints Policy and may be required to pay for the costs of any investigation that comes to this conclusion. Any Individual who is liable to pay for such costs shall be automatically deemed to be not in good standing until the costs are paid in full.

During an investigation, the investigator will make every effort to preserve the confidentiality of the complainant, respondent, and any other party. However, the Organization and its Participating Members recognize that maintaining anonymity of any party may be difficult for the Investigator during the investigations process.