OSRA CODE OF CONDUCT FOR MEMBERS AND GUESTS
- Purpose and Intent
The Ontario Snow Resorts Association (“OSRA”) will not tolerate, ignore, or condone discrimination, harassment, or sexual harassment. The OSRA is committed to promoting respectful conduct and inclusion. This policy specifically recognizes that guests attending OSRA events are responsible for respecting the dignity and rights of their fellow guests.
This policy applies to all OSRA resort members, associate members, partners and guests attending OSRA events (“Guests”) and while conducting business with the association or its membership. Guests are expected to abide by this policy, any relevant legislation, and any other relevant OSRA policy.
OSRA prohibits and will not tolerate any form of discrimination, harassment, sexual harassment, or bullying by any Guests regardless of whether it is:
- Verbal (for example, derogatory statements, racial slurs, derogatory comments or jokes, unwelcome sexual advances or requests for sexual favors).
- Physical (for example, assault or inappropriate physical contact).
- Visual (for example, displaying derogatory or sexually suggestive posters, cartoons or drawings, leering or making sexual or derogatory gestures).
- Online (for example, derogatory statements or sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc.).
Any behaviour such as outlined above that reflects poorly on OSRA, its representatives, the resort or club of the event, attendees or the business or organization attending the event as a sponsor or trade show participant is prohibited.
For the purposes of this policy,
- Harassment means engaging in a vexatious course of comment or conduct, including but not limited to harassment and discrimination based upon characteristics protected under the Ontario Human Rights Code, that is known or ought reasonably to be known to be unwelcome. The unwelcome comment or conduct does not have to be directed at a specific person for it to constitute harassment. Any form of unsolicited behaviour characterized by words, acts or gestures, such as hurtful remarks, insults, humiliating jokes, display of offensive or obscene material, inappropriate physical contact, intimidation, inappropriate demands or reprisals, may constitute harassment.
- Discrimination means any form of unequal treatment based upon a characteristic protected under the Ontario Human Rights Code, whether imposing extra burdens or denying benefits. It may be intentional or unintentional. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but disadvantage certain groups of people. Discrimination may take obvious forms, or it may happen in very subtle ways. Even if there are many factors affecting a decision or action, if discrimination is one factor, that is a violation of this policy.
- Discriminatory harassment means engaging in a course of comment or conduct that is known or ought reasonably to be known to be unwelcome based upon characteristics protected under the Ontario Human Rights Code, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status and disability. Examples of discriminatory harassment include, but are not limited to:
- Epithets, slurs, derogatory remarks, jokes or innuendos related to a person’s race, gender identity, gender expression, sex, disability, sexual orientation, creed, age, or any other characteristic protected under the Ontario Human Rights Code.
- Posting or circulating offensive pictures, graffiti or materials, whether in print form or via e-mail or other electronic means.
- Singling out a person for humiliating or demeaning “teasing” or jokes because they have a characteristic protected under the Ontario Human Rights Code.
- Comments ridiculing a person because of characteristics that are related to a ground of discrimination. For example, this could include comments about a person’s dress, speech or other practices that may be related to their sex, race, gender identity or creed.
- Bullying or personal harassment means engaging in a course of vexatious or objectionable unwelcome conduct, comment, gesture or physical act that is sufficiently serious to cause a lasting harmful effect on a person, cause a person to be humiliated or intimidated, adversely affect a person’s psychological or physical well-being, or threaten a person’s health or safety. Bullying or personal harassment may occur in relation to a single, serious incident that has a lasting, harmful impact, or it may occur as a result of a repetitive pattern of vexatious, unwelcome conduct. Examples of bullying or personal harassment include, but are not limited to:
- Frequent angry shouting or yelling.
- Regular use of profanity and abusive language.
- Verbal or e-mail threats.
- Intimidating behaviours, including slamming doors, throwing objects.
- Targeting individual(s) in humiliating practical jokes.
- Excluding, shunning, impeding work performance.
- Spreading gossip, rumours, negative blogging, cyber-bullying.
- Retaliation, bullying, sabotaging.
- Unsubstantiated criticism, unreasonable demands.
- Frequent insults and/or name calling.
- Communication that is demeaning, insulting, humiliating, mocking
- intent to harm
- a single, serious incident that has a lasting, harmful impact.
- Sexual harassment means engaging in a course of vexatious comment or conduct against a person because of sex/sexual orientation/gender identity/gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome. It also includes making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the recipient of that solicitation or advance, and the person making the solicitation or advance knows or ought reasonably to know that the solicitation or advance is unwelcome. Examples of sexual harassment include, but are not limited to:
- Gender-related comments about a person’s physical characteristics or mannerisms.
- Unwelcome physical contact.
- Suggestive or offensive remarks or innuendoes about members of a specific gender.
- Propositions of physical intimacy.
- Gender-related verbal abuse, threats or taunting.
- Leering or inappropriate staring.
- Bragging about sexual prowess or questions or discussions about sexual activities.
- Offensive jokes or comments of a sexual nature.
- Rough and vulgar humour or language related to gender.
- Display of sexually offensive pictures, graffiti or other materials including through electronic means.
- Demands for dates or sexual favours.
- This policy outlines the procedure for reporting and investigating allegations of discrimination, harassment, or sexual harassment, made by guests attending OSRA events in relation to the conduct of another guest or OSRA representative.
- In the event that a guest attending an OSRA event believes they have been a victim of discrimination, harassment, or sexual harassment (the “Complainant”), by another person (the “Respondent”), such guest may file a Complaint.
- Before filing a Complaint, it is recommended, but not obligatory, that the Complainant tell the Respondent that their vexatious conduct or comment is unwelcome and ask them to stop.
- For clarity, nothing in this policy obligates a Complainant to ask the Respondent to stop their vexatious conduct or comment prior to filing a Complaint. A Complaint may be filed without pursuing this informal request first.
- A Complaint should be made in writing, addressed to the attention of the President of the OSRA (the “President”). The President will inform the Board of Directors (the “Board”) upon receipt of any complaint from a guest alleging discrimination, harassment, or sexual harassment by a fellow guest. If the complaint is about the President, the guest should notify the Chair of the Board of Directors (the “Chair”) and the steps noted below will be followed by the Chair, or their designate.
- The President/Chair will review the Complaint and commence an investigation as quickly as possible. The President/Chair may choose to use either an internal or external investigator, depending on the nature of the Complaint. The investigation may include:
- Interviewing the Complainant, Respondent, and any possible witnesses to obtain all of the facts and circumstances relevant to the complaint, including dates and locations;
- Review any relevant documentation;
- Make any detailed notes of the investigation; and
- Videotape or audiotape any investigative interviews.
- OSRA is committed to having Complaints investigated in a timely, impartial, and objective manner.
- Confidentiality will be maintained, consistent with the needs of the investigation. Confidential information will only be disclosed for the purpose of the investigation, as required to take corrective action, or as required by law.
- The investigation will be completed in a timely manner, generally within ninety days, unless extenuating circumstances warrant a longer investigation.
- If the investigation reveals that the Complaint is substantiated, the President/Chair will decide as to what, if any, discipline should be imposed. Discipline may include a warning, suspension, or a lifetime ban from attending OSRA events.
- After completion of the investigation, the Complainant and the Respondent will be notified by the President/Chair of the outcome of the investigation and any corrective action taken. The President/Chair will also inform the Board of the outcome of the investigation.
- OSRA will keep records of the investigation including:
- A copy of the Complaint or details about the incident.
- A record of the investigation including notes, audiotapes, videotapes.
- A copy of any investigation report.
- A summary of the results of the investigation was provided to the Complainant and Respondent.
- A copy of any corrective action taken to address the Complaint.
- These records will be kept for at least three years.
No reprisal or penalty will be taken against a person for bringing forward a harassment, discrimination, or sexual harassment complaint in good faith or for participating in an investigation.
Any person who makes a discrimination, harassment, or sexual harassment complaint in bad faith, maliciously or without a reasonable and probable basis, engages in a reprisal against a Complainant or interferes with a discrimination, harassment, or sexual harassment investigation may be subject to discipline.
OSRA will make every reasonable, practicable effort to ensure that no guests are subjected to discrimination, harassment, or sexual harassment. If OSRA becomes aware of a potential incident of discrimination, harassment, or sexual harassment, it will investigate the incident in a fair, timely and confidential manner, in accordance with complaint procedure described above. OSRA is committed to taking appropriate corrective measures to stop any discrimination, harassment, or sexual harassment, and avoid future incidents.
Any violation of this policy may be grounds for disciplinary action, up to and including a life-time ban from attending OSRA events.
This Policy is not intended to discourage or prevent any person from exercising any other rights, actions or remedies that may be available to them under any legislation including, but not limited to the Ontario Human Rights Code or the Occupational Health and Safety Act.
This policy will be reviewed and updated from time to time, at the discretion of the OSRA.
