MTA - Clubs

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Waivers

CODE OF CONDUCT AND ETHICS

Purpose

  1. The purpose of this Code is to ensure a safe and positive environment within the programs, activities, and events of the Minor Track Association of Ontario (the “MTA”) by making Individuals aware that there is an expectation, at all times, of appropriate behaviour consistent with the applicable organization’s core values and policies. Individuals are defined as: coach, athlete, organizer, volunteer, official, Director, parents or spectator. The MTA supports equal opportunity, prohibit discriminatory practices, and is committed to providing an environment in which all individuals can safely participate in Athletics (“Track & Field/Cross Country”) and are treated with respect and fairness.

Application of this Code

  1. This Code applies to any individual’s conduct during the business, activities, and events of the MTA 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.
  2. This Code also applies to Individuals’ conduct outside of the business, activities, and events of the MTA when such conduct adversely affects the organization’s relationships (and the work and sport environment) or is detrimental to the image and reputation of the MTA. Such applicability will be determined by the MTA, at its sole discretion.
  3. This Code applies to Individuals active in the sport or who have retired from the sport where any claim regarding a potential breach of this Code occurred when the Individual was active in the sport.
  4. In addition, breaches of this Code may occur when the Individuals 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 Individual(s).
  5. Any Individual 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, an Individual who violates this Code during a competition may be removed from the competition or training area, and the Individual may be subject to further sanctions.

Responsibilities

  1. Individuals have a responsibility to:
    1. Maintain and enhance the dignity and self-esteem of members and other individuals by:
      1. Treating each other with the highest standards of respect and integrity;
      2. Focusing comments or criticism appropriately and avoiding public criticism of Athletes, coaches, officials, organizers, volunteers, employees, or other participants;
      3. Consistently demonstrating the spirit of sportsmanship, sport leadership, and ethical conduct;
      4. Acting, when appropriate, to correct or prevent practices that are unjustly discriminatory;
      5. Consistently treating individuals fairly and reasonably; and
      6. Ensuring adherence to the rules of the sport and the spirit of those rules.
    2. Refrain from any behaviour that constitutes Harassment, Workplace Harassment, Sexual Harassment, Workplace Violence, Discrimination, or any form of Maltreatment
    3. 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 (refer to: https://www.wada-ama.org/en/content/what-is-prohibited) currently in force. More specifically, the MTA adopt and adhere to the Canadian Anti-Doping Program (refer to: https://cces.ca/canadian-anti-doping-program). The MTA will respect any sanction imposed on an Individual as a result of a breach of the Canadian Anti-Doping Program or any other applicable Anti-Doping Rules
    4. 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
    5. Refrain from the use of power or authority in an attempt to coerce another person to engage in inappropriate activities
    6. Refrain from consuming alcohol, tobacco products, cannabis, or recreational drugs while participating in the programs, activities, competitions, or events of the MTA;
    7. In the case of minors, not consume alcohol, tobacco, cannabis, or recreational drugs at any competition or event;
    8. In the case of adults, not consume cannabis in the Workplace or in any situation associated with the events of the MTA (subject to any requirements for accommodation), not consume alcohol during competitions and in situations where minors are present, and take reasonable steps to manage the responsible consumption of alcohol in adult-oriented social situations
    9. When driving a vehicle:
      1. Not have his or her license suspended;
      2. Not be under the influence of alcohol, cannabis, or recreational or illegal drugs or substances;
      3. Have valid car insurance; and
      4. Refrain from using a mobile device.
    10. Respect the property of others and not wilfully cause damage
    11. Promote sport in the most constructive and positive manner possible
    12. Refrain from engaging in deliberate cheating which is intended to manipulate the outcome of a classification, competition and/or not offer or receive any bribe which is intended to manipulate the outcome of a competition
    13. Adhere to all federal, provincial, municipal and host country laws
    14. Comply, at all times, with the By-laws, policies, procedures, and rules and regulations of the MTA (as applicable) and as adopted and amended from time to time
    15. Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions involving an Individual to the MTA, including, but not limited to, those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method

Directors, Officers, Committee Members and Staff

  1. In addition to section 7 (above), Directors, Officers, Committee Members and staff of the MTA will have additional responsibilities to:
    1. Function primarily as a Director, Officer, Committee Member or staff member of the MTA and not as a member of any other conflicting or competitive organization or constituency
    2. Ensure their representation prioritizes the interests of the MTA
    3. Act with honesty and integrity and conduct themselves in a manner consistent with the True Sport principles https://truesportpur.ca/true-sport-principles
    4. Ensure that financial affairs are conducted in a responsible and transparent manner with due regard for all fiduciary responsibilities
    5. Comply with the Screening Policy
    6. Conduct themselves openly, professionally, lawfully and in good faith
    7. Be independent and impartial and not be influenced by self-interest, outside pressure, expectation of reward, or fear of criticism
    8. Behave with decorum appropriate to both circumstance and position
    9. Exercise the degree of care, diligence, and skill required in the performance of their duties pursuant to applicable laws
    10. Respect the confidentiality associated with issues of a sensitive nature
    11. Not use or share Individual’s Personal Identifiable Information (PII) for purposes other than those directly related to MTA business or without explicit written consent of the individual to whom the PII relates
    12. Respect the decisions of the majority and resign if unable to do so
    13. Commit the time to attend meetings and be diligent in preparation for, and participation in, discussions at such meetings. 
    14. Have a thorough knowledge and understanding of all governance documents

Coaches and Instructors

  1. In addition to section 7 (above), coaches and instructors 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 diligent not to abuse it, either consciously or unconsciously. Coaches and instructors will:
    1. Ensure a safe environment by selecting activities and establishing controls that are suitable for the age, experience, ability, and fitness level of the Athletes
    2. 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
    3. 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
    4. Support the coaching staff of a training camp, provincial team, or national team, should an Athlete qualify for participation with one of these programs
    5. Accept and promote Athletes’ personal goals and refer Athletes to other coaches and sport specialists as appropriate
    6. Provide Athletes (and the parents/guardians of Minor Athletes) with the information necessary to be involved in the decisions that affect the Athlete
    7. Act in the best interest of the Athlete’s development as a whole person
    8. Comply with the Screening Policy
    9. Report any ongoing criminal or anti-doping investigation, conviction, or existing bail conditions to the MTA, including those for violence, child pornography, or possession, use, or sale of any illegal or prohibited substance or method
    10. 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
    11. 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
    12. Encourage Athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence
    13. 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
    14. 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
    15. Dress professionally
    16. Use inoffensive language, taking into account the audience being addressed

Athletes

  1. In addition to section 7 (above), Athletes will have additional responsibilities to:
    1. Adhere to their Athlete Agreement (if applicable)
    2. Report any medical problems in a timely fashion to the MTA, when such problems may limit their ability to travel, practice, or compete
    3. Participate and appear on time and prepared to participate to the best of their abilities in all competitions, practices, training sessions, and evaluations
    4. 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
    5. Adhere to any rules and requirements regarding clothing and equipment
    6. Dress to represent the sport and themselves with professionalism
    7. Act in accordance with applicable policies and procedures and, when applicable, additional rules as outlined by coaches or managers

Officials

  1. In addition to section 7 (above), officials will have additional responsibilities to:
    1. Maintain and update their knowledge of the rules and rule changes
    2. Not publicly criticize other officials
    3. Work within the boundaries of their position’s description while supporting the work of other officials
    4. Act as an ambassador of the sport by agreeing to enforce and abide by national and provincial rules and regulations
    5. Take ownership of actions and decisions made while officiating
    6. Respect the rights, dignity, and worth of all Individuals
    7. Act openly, impartially, professionally, lawfully, and in good faith
    8. Be fair, equitable, considerate, independent, honest, and impartial in all dealings with others
    9. Respect the confidentiality required by issues of a sensitive nature, which may include discipline processes, appeals, and specific information or data about Individuals
    10. Comply with the Screening Policy
    11. Honour all assignments unless unable to do so by virtue of illness or personal emergency, and in these cases inform a supervisor or the MTA at the earliest possible time
    12. When writing reports, provide factual information to the best of their knowledge and recollection
    13. Dress in proper attire for officiating

Parents/Guardians and Spectators

  1. In addition to section 7 (above), parents/guardians and spectators at events will:
    1. Encourage Athletes to compete within the rules and to resolve conflicts without resorting to hostility or violence
    2. Condemn the use of violence in any form
    3. Never ridicule a participant for making a mistake during a competition or practice
    4. Respect the decisions and judgments of officials, and encourage Athletes to do the same
    5. Support all efforts to remove verbal and physical abuse, coercion, intimidation, and sarcasm
    6. Respect and show appreciation to all competitors, and to coaches, officials and other volunteers
    7. Never harass competitors, coaches, officials, parents/guardians, or other spectators

Organizations

  1. The MTA and Club Members will:
    1. Adhere to all of the MTA’s governing documents and for Club Members, where necessary, amend their own rules to comply or align with those of the MTA
    2. For Club Members, recognize that their websites, blogs and social media accounts may be seen as extensions of the MTA and must reflect the MTA’s mission, vision and values
    3. Ensure that all Athletes and coaches participating in sanctioned competitions and events of the MTA are registered and in good standing
    4. Have well-defined hiring practices and standards in place including interviews, reference checks, and screening procedures to ensure Athletes have a healthy and safe sport environment
    5. Ensure that any possible or actual misconduct is investigated promptly and thoroughly
    6. Impose appropriate disciplinary or corrective measures when misconduct has been substantiated, regardless of the position or authority of the offender
    7. For Club Members, advise the MTA immediately of any situation where a complainant has publicized a complaint in the media
    8. For Club Members, provide the MTA with a copy of all decisions rendered pursuant to its policies for complaints and appeals

Subjecting an Individual to Maltreatment

  1. It is a violation of this Code for any Person in Authority to place an Individual in a situation that makes them vulnerable to Maltreatment. This includes, but is not limited to, instructing an Athlete and a coach to share a hotel room when traveling, hiring a coach who has a past history of Athlete Maltreatment, assigning guides and other support staff to an Athlete when the guide or support staff has a reputation for Athlete Maltreatment, or assigning such a guide or support staff to an Athlete in the absence of consultation with the Athlete.

INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT

(To be executed by Club Authorized Signing Officer, Parents/Guardians, and all other club participants)

WARNING! By signing this document you will assume certain risks and responsibilities. Please read carefully.

1. This is a binding legal agreement. Clarify any questions or concerns before signing. In consideration of the opportunity to participate in the spectating, orientation, instruction, training, participation in any activity of the MTA club, consisting of sport of athletics, related athletics disciplines, activities, programs, travel to and from events and associated non-competitive events, including the services of and offered by the Club and the Minor Track Association of Ontario, their respective, directors, officers, committee members, members, employees, coaches, volunteers, officials, participants, governing body, agents, sponsors, owners/operators of the facilities in which the Activities take place, and representatives (collectively the “Organizations”) the undersigned, being the Participant and/or the Participant’s Parent/Guardian (collectively the “Parties”), acknowledges and agrees to the following terms:

Description of Risks

2. The Participant understands and acknowledges the following risks, dangers and hazards (the “Risks”) of the Activities and related disciplines which include, without limitation:

  1. a. Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to virtually all bones, joints, ligaments, muscles, tendons, organs and other aspects of the Participant’s body or the Participant’s general health and wellbeing.
    b. Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma.
    c. Loss of or damage to equipment/property.
    d. Exposure to extreme conditions and circumstances.
    e. Contact with other participants, officials, administrators, employees, volunteers, spectators or other natural or manmade objects, dangers arising from adverse weather conditions, imperfect field of play conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels.

3. The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, sickness, disease, contagion including but not limited to COVID-19, permanent disability, paralysis, loss of life.

4. The Organizations may offer or promote online programming (such as online training) which have different foreseeable and unforeseeable risks than in-person programming.

5. The Participant understands that these Risks may be caused in whole or in part by the Participant’s own actions or inactions, the actions or inactions of others participating in or present during the Activities, or the negligent acts or omissions of the Organizations, their employees and/or agents.


Terms and Attestation

6. The Participant attests, acknowledges and agrees:

  1. That the Participant is in good physical and mental condition to participate in the Activities and does not have any undisclosed medical conditions.
  2. The Participant will comply with the rules and regulations for participation in the Activities including those that are a condition of use of the facility or venue in which the Activities occur.
  3. The Participant will comply with all rules and regulations of the Organizations, Dominion of Canada, Province of Ontario and Public Health concerning matters of health and safety and specifically as they relate to COVID-19 or such other communicable disease or contagion.
  4. If the Participant observes or experiences a significant hazard or risk, the Participant will remove themselves from participation in the Activities and report the hazard or risk to the attention of an Organization representative immediately.
  5. That the Organizations do not undertake to provide health, accident, disability, hospitalization, personal property or other insurance for the Participant
  6. When the Participant practices or trains in the Participant’s own space, the Participant is responsible for the surroundings and the location and equipment that the Participant selects.
  7. That it is the Participant's sole responsibility to assess whether any Activities are too difficult or strenuous for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity; and
  8. That the Participant is responsible for the choice of the Participant’s safety equipment, if required or recommended, and the secure fitting of the safety equipment.


Release of Liability

7. The Participant hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses including loss of income, expenses, or related loss which they incur as a result of the Participant’s participation in the Activities.


Jurisdiction

8. The Parties agree that in the event that they file a lawsuit against the Organizations, they agree to do so solely in the Province of Ontario, Canada and they further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules.


Severability

9. The Participant further agrees that if any portion of this agreement is found to be void or unenforceable the remaining sections of the document shall remain in full force and effect.


Acknowledgement

10. The Participant acknowledges that they have read this Agreement and understand it, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, the Participant’s heirs, spouse, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges by signing this Agreement that they have waived the right to maintain a lawsuit against the Organizations on the basis of any claims from which they have released herein.