Section 5 - Sanctions

In addition to any temporary or provisional measure that may be imposed, where there is sufficient evidence to support a finding that a PGA of Canada Professional, Apprentice, Applicant or Participant engaged in Maltreatment and thus violated the PGA Code of Professional Conduct and Safe Sport Policy, sanctions will be imposed. Different incidents constituting a violation of the same part of the PGA Code of Professional Conduct and Safe Sport Policy may arise out of markedly different circumstances, including various case-specific aggravating and/or mitigating factors. 

Any sanction imposed against a PGA of Canada Professional, Apprentice, Applicant or Participant must be proportionate and reasonable, relative to the Maltreatment that has occurred, taking into account previous disciplinary actions. However, progressive discipline is not required as a single occurrence of Maltreatment can lead to a very significant sanction.

5.1    Sanctions
Subject to Section 3, if Maltreatment is proven one or more of the following sanctions, but not limited to, may be imposed:

5.1.1    Verbal or Written Warning
A verbal reprimand or an official, written notice and formal admonition that a PGA of Canada Professional, Apprentice, Applicant or Participant has violated the PGA Code of Professional Conduct and Safe Sport Policy and that more severe sanctions will result should the PGA of Canada Professional, Apprentice, Applicant or Participant be involved in other violations.

5.1.2    Verbal or Written Apology
A written apology from PGA of Canada Professional, Apprentice, Applicant or Participant who has violated the PGA Code of Professional Conduct and Safe Sport Policy to the individual(s) as deemed by the review of the incident. 

5.1.3    Education
The requirement that a PGA of Canada Professional, Apprentice, Applicant or Participant undertake specified educational or similar remedial measures to address the Maltreatment.

5.1.4    Probation
Should any further violations of the PGA Code of Professional Conduct and Safe Sport Policy occur during the probationary period, will result in additional disciplinary measures, likely including a period of suspension or permanent ineligibility. This sanction can also include loss of privileges or other conditions, restrictions, or requirements for a specified period.

5.1.5    Suspension
Suspension, either for a set time or until further notice, from participation, in any capacity, in any program, practice, activity, event, or competition sponsored by, organized by, or under the auspices of any sport organization subject to the PGA Code of Professional Conduct and Safe Sport Policy. Suspensions within the PGA of Canada may include:
a)    Suspension from certain PGA of Canada events or activities;
b)    Suspension from all PGA of Canada activities for a designated period of time;
c)    Suspension from membership in the PGA of Canada for a designated period.
A suspended PGA of Canada Professional, Apprentice, Applicant or Participant is eligible to return to sport, but reinstatement may be subject to certain restrictions or contingent upon the PGA of Canada Professional, Apprentice, Applicant or Participant satisfying specific conditions noted at the time of suspension.

5.1.6    Eligibility Restrictions
Restrictions or prohibitions from some types of participation but allowing participation in other capacities under strict conditions. Certain privileges of membership with the PGA of Canada may also be removed. 

5.1.7    Expulsion
Permanent ineligibility to participate, in any sport, in any capacity, in any program, activity, event, or competition sponsored by, organized by, or under the auspices of any sport organization subject to the PGA Code of Professional Conduct and Safe Sport Policy and/or expulsion from the PGA of Canada membership.

5.1.8    Other Discretionary Sanctions
Other sanctions for Maltreatment may be imposed, including, but not limited to, other loss of privileges, no contact directives, a fine or a monetary payment to compensate for direct losses, or other restrictions or conditions as deemed necessary or appropriate.

5.1.9    Suspension while under Investigation
Members under investigation for violation of the PGA Code of Professional Conduct and Safe Sport Policy may result in the suspension of their membership activities or inactivate their membership status as the independent investigation takes place.

5.2    Considerations

5.2.1    Factors relevant to determining appropriate sanctions for a Respondent include, without limitation:
a)    The nature and duration of the Respondent’s relationship with the Complainant, including whether there is a Power Imbalance;
b)    The Respondent’s prior history and any pattern of inappropriate behaviour or Maltreatment.
c)    The ages of the individuals involved;
d)    Whether the Respondent poses an ongoing and/or potential threat to the safety of others;
e)    The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the Maltreatment, and/or cooperation in the PGA Code of Professional Conduct and Safe Sport Policy process;
f)    Real or perceived impact of the incident on the Complainant, sport organization or the sporting community;
g)    Circumstances specific to the Respondent being sanctioned (e.g., lack of appropriate knowledge or training regarding the requirements in the PGA Code of Professional Conduct and Safe Sport Policy; addiction; disability; illness);
h)    Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate;
i)    A Respondent who is in a position of trust, intimate contact or high-impact decision-making may face more serious sanctions; and/or
j)    Other mitigating and aggravating circumstances.
Any single factor, if severe enough, may be sufficient to justify the sanction(s) imposed. A combination of several factors may justify elevated or combined sanctions.

5.3    Presumptive Sanctions

5.3.1    The following sanctions are presumed to be fair and appropriate for the listed Maltreatment, but the Respondent affected may rebut these presumptions:
a)    Sexual Maltreatment involving a Minor Complainant shall carry a presumptive sanction of permanent ineligibility;
b)    Sexual Maltreatment, Physical Maltreatment with contact and Maltreatment related to Process shall carry a presumptive sanction of either a period of suspension or eligibility restrictions.
c)    While a Respondent has pending charges or dispositions in violation of the criminal law, the presumptive sanction shall be a period of suspension.
d)    If it is recommended by the Independent Third Party that there is safety risk to others without a suspension

5.4    Public Disclosure

In addition to the publication of a summary of the final outcome of a PGA Code of Professional Conduct and Safe Sport Policy resolution process, a publicly available searchable database or Registry of Respondents who have been sanctioned by or whose eligibility to participate in sport has in some way been restricted shall be maintained, pursuant to the provisions contained in the
PGA Code of Professional Conduct and Safe Sport Policy.

    [Note: Whether all sanctions shall be summarized and publicly disclosed (e.g., including a verbal warning or an educational update) and precisely how a record shall be maintained of every sanction outcome imposed on each Respondent has yet to be designed.].