Vulnerable Persons Protection Policy
INTERNATIONAL KARATE ORGANIZATION KYOKUSHINKAIKAN CANADA (IKOKC)
Vulnerable Persons Protection Policy
Effective January 1, 2012
1. Introduction
The IKOKC is incorporated federally as a non profit Sports Corporation. Its Dojos, instructors, and officials are professionally certified and regulated to ensure standardized quality instruction, expertise, and training.
IKOKC as a professional organization confirms it commitment towards the safety and well being of its instructors and students. It characterizes the Sempai-Kohai relationship as one of mutual trust and respect. There is also a legal principle of duty of care that identifies the obligations of Individuals and organizations to take reasonable measures to care for and protect their participants.
2. Guiding Principles
The aim of this Policy and accompanying related Appendices outline the practices and procedures for paid and unpaid IKOKC Members to participate in the prevention of abuse of Vulnerable Persons through raising awareness, completing Police background checks/searches, and providing a clear framework for action when abuse is suspected. Criminal Records Checks(CRC) and Vulnerable Sector Checks(VSC) provides organizations such as ours with essential information that is used to assess the suitability of Individuals to supervise, instruct, teach, train, direct, interact, work with Vulnerable Persons, including unsupervised access in the course of their membership. In the exercise of Due Diligence this information is designed to protect Vulnerable Persons from Individuals whose criminal record indicates they pose a risk of physical or sexual or financial abuse. It is an important safeguard, however it is not the only one as information from the Police background checks/searches only provides ‘point-in-time’ information about convictions and not about charges laid or being suspected of criminal acts.
Effective with the implementation date of this Policy and Appendices the aforementioned principles will provide guidance and support with respect to the rights of Vulnerable Persons who are entitled to: privacy; be treated with respect and dignity; the protection of the law; have their rights upheld regardless of ethnic origin, gender, sexuality, impairment or disability, age and religious or cultural background; and have the opportunity to fulfill personal aspirations and realize potential in all aspects of the Kyokushin Way and daily life.
3. Accountability
The Branch Chief is accountable for the implementation, interpretation and maintenance and administration of this Policy, Appendices, and Procedures, resolution of any relevant matters, and privacy of information.
The Designated Authority is appointed by the Branch Chief to undertake certain responsibilities and perform certain duties on a confidential basis.
The Dojo Operators/Head Instructors are responsible to ensure its instructors and students are aware of this Policy and Appendices, and its compliance, including the reporting of any abuse(s), or charges or convictions of any relevant Offences, by Members as soon as possible.
IKOKC reserves the right to amend this Policy and related Appendices from time to time to ensure it is kept current and is in compliance with any changing laws and regulations and acts.
4. Definitions
a) “Vulnerable Person(s)” Pursuant to Section 6.3(3) of the Criminal Records Act: Includes “Children” who are persons less than 18 years of age; and “Vulnerable Persons” who, because of their age, a disability or other circumstances, whether temporary or permanent, are in a position of dependence on others; or are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them.
b) “Police Background Checks” and “Police Record Checks” and “Criminal Record Checks (CRC)” and “Criminal Background Checks” are synonymous, and include secondary Vulnerable Sector Checks (VSC), fingerprinting, and police information records. These will show whether or not a person has either an outstanding charge or conviction under federal law.
c) “Member” and “Applicant” and “Individual” is synonymous.
d) “Use” means the treatment, handling, management, and retention of personal information within IKOKC.
e) “Collection” means the act of gathering, acquiring or obtaining personal information from any source by any means.
f) “Consent” means voluntary agreement to the collection, use or disclosure of personal information related to Vulnerable Person(s), which are made known to the Individual. Consent can be express or implied.
5. Application and Scope
a) Applies to and includes existing Dojo operators, current Dan grade holders (Yudansha), Dojo instructors (any color belt Kyu level not at a Dan level), new Dan candidates, 2nd Kyu or 1st Kyu application level who are supervising, instructing, teaching, training, directing, interacting and working with Vulnerable Persons. There are no exemptions or exceptions. This can include the conduct of Self Defence classes to civilians.
b) Police Jurisdictions include British Columbia (BC), Alberta (AB), and New Brunswick (NB) in Canada, as listed in Appendix E.
c) Reference checks and a special screening interview and Police background check for any Dan or Kyu level above, who transfers into the IKOKC from outside the Police jurisdictions listed in Appendix E.
6. Implementation – Police Background Checks, and Renewals/Rechecks
a) Initial and immediate implementation - commencing with the effective date of this Policy existing Operators, Instructors, and Dan grades, new Dan candidates, and 2nd and 1st Kyu levels to be completed by January 31, 2012, in accordance with the Process and Procedures Guide contained in Appendix C. While the initial Police background check is in progress for existing Members, the IKOKC has the responsibility to ensure the appropriate level of security and safety for Vulnerable Persons. Therein each instance shall be dealt with on a case-by-case basis while exercising appropriate judgement without compromising Member safety.
b) Ongoing compliance in accordance with Policy and related Appendices for any Member falling within the Policy Scope, any transfers into the IKOKC from outside police jurisdictions, and renewals/rechecks.
c) Individuals, as defined under the Scope of this policy, are responsible for applying in person to the police jurisdiction where their primary residence is located for a Police background check. The checks will be conducted by the police force in the area where the Individual lives. All police jurisdictions access the same data base - the Canadian Police Information Centre (CPIC), and the Canadian Criminal Real Time Identification Services (CCRTIS), located in Ottawa.
d) Individuals are to use the appropriate Introduction forms on IKOKC letterhead contained in Appendix A, and conjoined with Appendix B for application process.
e) Individuals are responsible for their own costs associated with CRC/VSC and fingerprints process, initially and for all/any subsequent renewals/rechecks. All police forces charge for CRC/VSC and fingerprints taken. Certain police forces may waive the charge for unpaid IKOKC Members who do not receive remuneration.
f) After the initial implementation, CRC/VSC will be valid for 5 years and rechecks are required every 5 years thereafter. The IKOKC reserves the right to request random CRC/VSC of any IKOKC Member from time to time as it deems to be in the best interests of IKOKC.
g) Any break in service of 1 year will require the Applicant to provide a new Police background check.
7. Offences
a) Appendix B lists relevant and specified Offences pertaining to Vulnerable Person(s) under the Criminal Code of Canada that are reviewed by the applicable police jurisdiction when Consent and Authorization to conduct a Police background check is requested.
b) Should the IKOKC (Branch Chief, Dojo Operator/Head Instructor, Designated Authority) become aware of an IKOKC Member being arrested, charged with, tried, or convicted of a relevant or specified Offence as applicable to Vulnerable Persons subsequent to a Police background check, the Member will have to submit a new Consent for CRC/VSC.
c) The Criminal Record Act requires that if an IKOKC Member who works with Vulnerable Persons is arrested, charged with, tried, or convicted of a relevant or specified Offence as applicable, subsequent to a Police background check the Member must promptly report the arrest, charge or conviction to the IKOKC (Branch Chief, Dojo Operator/Head Instructor, Designated Authority), and submit a new signed Consent for CRC/VSC form.
d) Upon the IKOKC (Branch Chief, Dojo Operator/Head Instructor, Designated Authority) becoming aware, that a Police background check has found a relevant or specified Offence or notice of rejection has been served or there is a determination of risk, under 7. a) above, or due to the reporting of new charges or a conviction under 7. b) or c) above, that Member may be immediately suspended from his/her relationship with IKOKC, including participation in any and all IKOKC activities and sanctioned events for an appropriate length of time, as determined by the Branch Chief. Regard will be given the seriousness of the incident(s), length of sentence imposed in any criminal proceeding - if any, prior behaviour, and any other relevant circumstances. The Branch Chief, Dojo Operator/Head Instructor, Designated Authority will review the matter and provide guidance as to the future role of the Applicant, who shall not be allowed to be in a position to supervise, instruct, train, teach, direct or in unsupervised access. Any decision must be rendered in writing. This will also apply in the event a Member does not give Consent to a Police background check.
e) The Police background check process does not cover the provincial Motor Vehicle Acts. In the event the IKOKC becomes aware of any Motor Vehicle Offences such as impaired charges, status of license convictions, suspensions or prohibitions or upon an Individual’s requirement to self report any of the aforementioned Offences, then that matter will be reviewed and a decision will be rendered.
8. Process
Appendix C details the Process and Procedures Guide in place for Police background checks and fingerprinting if required.
9. Investigation
a) IKOKC expectation is that IKOKC Members will demonstrate reasonable and responsible behaviour towards one another. Abuse and/or harassment and discrimination are unacceptable behaviours, and IKOKC Members should not let such behaviours go unchallenged or unreported or unresolved.
b) IKOKC (Branch Chief, Dojo Operator/Head Instructor, Designated Authority,) will act promptly to investigate any observed or any reported allegations of any abuse or harassment or discriminating behaviour or any Offence against Vulnerable Person(s) occurring after the submission of CRC/VSC.
c) All information will be treated as confidential, except to the extent that is necessary to complete the investigation thoroughly and promptly.
d) The Branch Chief, in consultation with the Dojo Operator/Head Instructor, will review any and all information received and reported, and make assessments and investigations as appropriate. The Branch Chief will take appropriate remedial action to correct the problem and to prevent any recurrence where he/she determines that inappropriate behaviour, as described in 9. b) above has occurred. The parties will be advised of the decision made and actions taken within 10 working days.
e) Further information is available in the IKOKC Personal/Sexual Harassment Policy and Procedures.
10. Administration and Reporting
a) The Designated Authority is governed under the provisions of this Policy and relevant Appendices respecting privacy and responsibility for personal information under IKOKC control, and the Collection, Use, and disclosure, and safekeeping of any personal information provided for the purposes intended. Records will be maintained for auditing and reporting purposes.
b) The Designated Authority will submit a report at the annual AGM, which shall include a review of federal/provincial legislation governing Vulnerable Persons to ensure the organization is staying current with prevailing jurisprudence.
11. Protection of Privacy
Appendix D details access to information in accordance with Federal/Provincial Criminal Records Review Acts and Freedom of Information and Protection of Privacy Act (FOIPPA).
References
Appendices A – E are listed as part of this Policy and for reference purposes.
Appendix A. Consent form and Authorization for Release )conjoined for
Appendix B. Relevant Offences reviewed )application process
Appendix C. Process and Procedures Guide
Appendix D. Protection of Privacy
Appendix E. Police Jurisdictions
Website Linkages:
Vulnerable Persons Records Check – RCMP and local Police jurisdiction FAQs
Related Policies and Procedures
- IKOKC Code of Conduct
- IKOKC Doping Policy
- IKOKC Child Protection Policy
- IKOKC Personal/Sexual Harassment Policy
