Section 7 - Discipline Procedures
7.1 Purpose
PGA of Canada Professionals, Apprentices, Applicants or Participants are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with PGA of Canada policies, By-law, rules and regulations, and PGA Code of Professional Conduct and Safe Sport Policy. Non-compliance may result in sanctions pursuant to this Policy.
7.2 Report an Incident
Any person may report a breach of the PGA Code of Professional Conduct and Safe Sport Policy to the PGA of Canada’s Independent Third Party.
The Independent Third Party is ITP Sport and Recreation Inc:
ONLINE FORM https://app.integritycounts.ca/org/itpsport
The Independent Third Party will identify if the complaint falls within the PGA’s Code of Professional Conduct.
The Independent Third Party has an overall responsibility to ensure procedural fairness is always respected during the disciplinary process, and to carry out this process in a timely and discrete manner.
7.3 Review of Reported Incidents
7.3.1 Determination and Disclosure
7.3.1.1 When a complaint is submitted in accordance with the PGA of Canada’s Safe Sport and Code of Professional Conduct Policy, the Independent Third Party will determine if such complaint was a breach of the PGA of Canada’s Safe Sport and Code of Professional Conduct.
7.3.2 The ITP is responsible for ensuring that all complaints, allegations, incidents, or referrals related to Maltreatment and Code of Professional Conduct are dealt fairly and equitably. In particular, and without limiting that responsibility, the ITP shall:
7.3.2.1 Upon receipt of a Complaint, undertake a preliminary confidential review of the Complaint and determine if the Complaint is admissible according to PGA policies. The ITP may request witness information, evidence, or further information to determine admissibility of the matter, and to support para 7.3.2.9 (below) in determining findings.
7.3.2.2 If the Complaint is deemed admissible, make a preliminary assessment of the allegation and determine the appropriate course of action to be taken. The assessment will determine the course of action wherever possible to resolve the Complaint.
7.3.2.3 Contact the person against whom the Complaint has been filed (the Respondent), provide them with a copy of the PGA Code of Conduct and any other relevant policies or legislation against which the Respondent’s behaviour will be measured, as well as the complaint and allow them at least 14 days to submit a response to the allegations.
7.3.2.4 The PGA of Canada and the Independent Third Party will adhere to all disclosure and reporting responsibilities required by the Government of Canada and, if applicable, any government entity, local police force, or child protection agency.
7.3.2.5 Appoint an investigator or team of investigators should the Complaint require a full investigation. The Investigator must be an independent third-party skilled in investigating. The Investigator must not be in a conflict-of-interest situation and should have no connection to either party.
When there is an investigation, the ITP will contact the parties to inform them of the steps of the investigation process, what the investigation will cover, the timeframe of the investigation, and that the investigator will be providing a report to the ITP.
When there is an investigation, it may take any form as decided by the Investigator, guided by any applicable Federal and/or Provincial legislation. The investigation may include:
a) Complainant interviewed;
b) Witness interviewed;
c) Statement of facts (complainant’s perspective) prepared by Investigator and acknowledged by Complainant;
d) Statement delivered to Respondent;
e) Respondent interviewed;
f) Witness interviewed; and
g) Statement of facts (respondent’s perspective) prepared by Investigator and acknowledged by Respondent.
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 shall advise the Complainant to refer the matter to police. The Investigator will further inform the PGA of Canada that the matter should be directed to the police.
When the investigation is complete, the Investigator will provide a report to the ITP. The Investigator’s report will make findings about whether, on a balance of probabilities, the complaint is substantiated. The Investigator’s report, or a summary, will be shared with the parties and the Discipline Committee.
7.3.2.6 Advise both the Complainant and the Respondent of their right to be represented by legal counsel or accompanied throughout the process by another individual of their choice, so long as they are not involved or implicated in the allegations of the Complaint.
7.3.2.7 Advise the Complainant, the Respondent, that they are not to discuss the complaint, incident, investigation, or their testimony with others unless necessary to obtain legal advice with respect to any legal issues.
7.3.2.8 Keep both the Complainant and the Respondent informed as the case progresses.
7.3.2.9 Review the submissions by the parties, the Investigator’s report (when an investigation occurred), and compile an ITP Report taking into consideration all the information made available by all parties, including information discovered in the course of an external investigation that may have taken place. The ITP has the discretion to review all information and where possible, communicate a finding to PGA, in which circumstances a hearing may be waived at the discretion of the Discipline Committee, and an appropriate sanction will be issued by the discipline committee. In matters where, in order to determine a finding, a hearing is required, the ITP will recommend the case proceed to a hearing in front of the PGA discipline committee, in which circumstances the PGA will issue a finding and decision on a balance of probabilities.
7.3.2.10 Inform the appropriate statutory agency (the police and/or the Local Authority Children’s Social Care Department) where a report is made relating to concerns about suspected or actual Maltreatment of a Minor, and to comply with any directions or requirements they may make regarding the case.
7.3.2.11 At any time in the process the ITP has the authority to mandate mediation if they feel that a negotiated settlement may be the best course for complaint resolution.
7.3.2.12 The Disciplinary Committee will receive the ITP Report and provide it to the parties. The Committee will determine if a conference call hearing involving the parties and their counsel or representatives (when applicable) is required or simply administer a decision. The Committee will invite oral submissions from the parties during the hearing. No more than seven (7) days following the hearing, the Committee will issue a written decision on the complaint, which may include sanctions as deemed appropriate by the Committee consideration Section 5.0. The decision will be distributed to the respondent, the complainant, the Zone Executive Director, and the National Board of Directors.
7.3.2.13 The Disciplinary Committee’s decision may be appealed per Section 8.0.