The concern for safety of all participants is both a legal and moral obligation. It is a requirement outlined in common law, referred to as duty of care. Duty of care is a legal principle that identifies the obligation of individuals and organizations to take reasonable measures to care for and protect their participants.
Further to the above, EMHA recognizes that some of the positions in the Association are of significant trust. People applying for and undertaking positions of trust (defined as Executive Members, all rosters team officials, or other positions as deemed by the Executive) will be subject to more intense initial and ongoing screening and supervision than individuals in placements that are not positions of trust.
It is the Policy of EMHA that a Police Record Check will be required for all persons applying for and undertaking a position of trust, as one element of the screening process.
As a condition of being accepted to hold any of the following positions,
- member of the Executive;
- Head Coach;
- Assistant Coach;
- Assistant Trainer;
- On-Ice Volunteers
Applicants are required to complete and submit a Police Record Check application (EMHA form #1). A returned police record check will be accepted if it has been obtained within four months or more recent date of the application date. Police Record Checks are required annually
Individuals with outstanding Criminal Code convictions, five (5) years or more recent, or charges pending for certain offences, will not be accepted for positions of trust. These offences include, but are not limited to the following:
Five years or more recent
- Outstanding convictions or charges pending for criminal driving offences, including but not limited to impaired driving.
- Outstanding convictions or charges pending for drug offenses under the Controlled Drugs and Substances Act (CDSA) or its predecessor.
· Outstanding convictions or charges pending for any violent offence, whether or not it involved weapons.
Individuals with Criminal Code convictions, charges pending or pardons for the following offenses will not be considered for a position of trust.
- Physical or Sexual Assault
- Current prohibitions or probation orders forbidding the individual to have contact with children under the age of 14
- Indictable criminal offenses for child abuse
- Sexual exploitation
- Sexual interference
- Invitation to sexual touching
- Any fraud related convictions
EMHA volunteer applicants may be rejected because of other information gained during the police records check process or through the screening process as a whole, or because of other factors.
It should be noted that every volunteer once accepted, is obliged to inform the appropriate
Association Executive if he or she is charged, tried or convicted of any offence under the
Criminal Code or under other provincial or federal statutes, if that offence is relative to a position
of trust held by the individual.
Procedures for Police Record Check
- All persons submitting Police Record Check applications are to use the “OPP Volunteer Screening Form ”, a copy of which is available from the EMHA web site or from any member of the Executive
- Applicants must ensure the form is fully and properly completed.
- Once completed, the team head coach will forward all applications from his Team to the respective Contact.
- The respective Contact will match the names on the applications to the Team Roster to verify all team Officials have been included and then submit the applications to the EMHA Risk Management Officer.
- The Risk Management Officer will establish a list of names submitted for screening and then forward to the OPP.
- Where an offence is noted on the form, the OPP will typically telephone the individual submitting the application to inform them of a notation. Should this occur, the individual can request the OPP return the screening form directly to them, instead of being routed to the Risk Management Officer and subsequently withdraw themselves as a Team Official and from further involvement with the Team. Alternatively, the individual can request the OPP to continue routing/processing the form.
- On completion of the Record Check, the O.P.P will return the form to the EMHA Risk Management Officer. The Risk Management Officer will match names of the returned screening application to those recorded on the list of names submitted for screening.
- The Risk Management Officer will arrange to forward completed applications to the Association’s Legal Counsel who will screen the form for any offence referenced in the OMHA Policy Police Screening (or that established by the OHF, if more current).
- Where an offence is noted on the form, Legal Counsel will contact the Association President and inform of him of the outcome of the Record Check. The President may contact the person for whom an offence has been noted and inform them that there is problem with the information obtained via the Record Check.
- The applicant will then have ten (10) days to clarify/confirm the results with the O.P.P or alternatively, withdraw their volunteer application.
- If at the end of the ten (10) days the results of the Record Check have not changed, the President will inform the respective Contact that the applicant is not to be placed in the position applied for. No detailed information or explanation will be provided to the Contact.
- Once all checks have been completed by the OPP, the Risk Management Officer shall inform the President of any applications for screening that have not been returned by the OPP. The President shall confirm that any individual for whom a volunteer screening form has not been returned by the OPP has withdrawn for involvement with all EMHA Teams
In addition to a Police Record Check, screening for the positions of Head Coach, Manager, Trainer, Assistant Coach or Assistant Trainer within EMHA, will include the following:
- applicants for all positions must use, complete and submit an application form to the Association Head Coach;
- interviews for any position may be conducted at the discretion of the Association Head Coach/Executive;
- references provided in the application form will be contacted;
- all team officials must attend an orientation and any training sessions prescribed by the Executive;
- all team officials will be subject to Supervision and evaluation by the Executive or designated representatives of the Executive; and
- follow up and feedback may be solicited from parents and players with program participant