Public Report
To:
Community Services Committee
From:
Ron Diskey, Commissioner,
Community Services Department
Report Number:
CS-17-12
Date of Report:
April 13, 2017
Date of Meeting:
April 20, 2017
Subject:
Approval of Respect Check Policy: Code of Conduct for Parks,
Recreation and Cultural Facilities
File:
F-1000
1.0
Purpose
The purpose of this report is to present and obtain approval for the Respect Check Policy:
Code of Conduct for Parks, Recreation and Cultural facilities, aimed at promoting a
positive, safe and supportive environment for all who visit any City recreation and culture
facilities and parks and trails.
Attachment 1 is the proposed policy: Respect Check Policy: Code of Conduct for Parks,
Recreation and Cultural Facilities.
2.0
Recommendation
That the Community Services Committee recommend to City Council:
1. That based on Report CS-17-12, dated April 13, 2017, the attached Respect Check:
Code of Conduct Policy for Parks, Recreation and Culture facilities be approved as
presented in Attachment 1; and,
2. That Council support the application for the City of Oshawa to become a ‘True Sport’
community.
3.0
Executive Summary
In October 2008, Community Services Committee approved report CS-08-116, which
endorsed the first Code of Conduct Policy for Recreation and Culture Services Facilities.
Since its original adoption, changes and updates to the Policy have been required.
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The City of Oshawa is committed to fostering a safe and welcoming environment at its
facilities and properties where there is respect for others, and ownership for all actions by
all users. Updates to the Policy, now called Respect Check, include the following:
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introducing a definitions section to the policy
outlining in greater detail the roles and responsibilities of staff, patrons and user
groups
inclusion of Parks Services programs and outdoor facilities and services
linking with the Trespass By-law 98-2013
The Respect Check Policy is intended to be a precursor and companion to the Council
approved Trespass By-law, as it will be used to better inform staff and the public about
what behaviors are expected in our recreation facilities and parks. The Trespass By-law
will continue to be used to enforce conduct that cannot be controlled by education and
communication.
Subject to Council’s endorsement, staff proposes to create and update procedures and
forms, promote the policy through education and awareness initiatives (e.g. signage in
facilities, a promotional campaign) and to train staff. These steps will help to ensure
behavioral expectations are understood by all and that issues will be assessed and
addressed in an immediate, timely, appropriate and consistent manner.
4.0
Input From Other Sources
The following have provided input to this report:
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Community Services Operations
Legal Services
Municipal Law Enforcement and Licencing Services
Cultural Leadership Council
Oshawa sports user groups including:
o Robert McLaughlin Gallery
o Durham Speed Skating Club
o Oshawa Lady Blue Knights
o Oshawa Kicks Soccer Club
o Oshawa Minor Hockey Association (OMHA)
o Neighbourhood Association of Sports Committees: Hockey, Softball &
Soccer (NASC)
o Oshawa Storm Ringette (OSR)
o Oshawa Church Hockey League (OCHL)
o Oshawa Skating Club (OSC)
o Oshawa Girls Hockey Association (OGHA)
In addition, staff have consulted with the following in preparation of the policy and report:
•
City of London
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Item: CS-17-12
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Town of Oakville
City of Guelph
City of Waterloo
City of Coquitlam
City of Burlington
True Sport Foundation
Ontario Recreation Facilities Association Inc. (O.R.F.A.)
5.0
Analysis
5.1
Purpose of the Respect Check Policy
A Code of Conduct policy is a best management practice, which educates users of City
Recreation and Culture facilities, parks and trails as to what the behavioral expectations
are while they are within the City facilities or property. The Respect Check Policy outlines
what is inappropriate behavior, the purpose and scope of the behavioural policy and
program, responsibilities for all involved, education and awareness strategies, and
consequences when a violation of the policy has occurred.
The City of Oshawa will not tolerate any form of inappropriate behaviour in its facilities or
properties.
For the purposes of Respect Check, inappropriate behavior is defined as, but not limited
to:
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•
•
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•
•
•
•
•
•
•
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Loud verbal assaults directed at participants, officials, members of the public or City
staff deemed to be aggressive, intimidating or having the potential of inciting
violence;
Threats and/or attempts to intimidate;
Throwing of articles in a deliberate or aggressive manner;
Aggressive approaches to another individual including physical or verbal assault;
Attempts to goad or incite violence in others;
Theft of property;
Possession of weapons;
Vandalism to a City building or property;
Refusal to abide by facility rules and/or posted notices in City of Oshawa facilities;
Racial or ethnic slurs;
Illegal consumption of alcohol or drugs;
Harassment “engaging in a course of vexatious comment or conduct that is known
or ought reasonably to be known to be unwelcome” as defined by the Ontario
Human Rights Code;
Contravention of City By-Laws or Policies;
Engagement in a course of annoying comment or conduct;
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Displaying of abusive or offensive materials, words, images;
The use of all cell phones, cameras, video recording devices, personal digital
devices, or any other equipment with video or photographic abilities in change
rooms and public washrooms
Additional situations that may arise where it is expected that conduct becoming a
reasonable person and in the spirit of this policy shall apply.
Additionally, as many user groups utilize City spaces such as sports fields, baseball
diamonds and trails, the Policy includes the addition of Parks and Trails as facilities and
property to streamline behavioral expectations across all leisure spaces.
Nothing in this policy is intended to diminish the scope of authority conferred by Council
pursuant to Trespass By-law 98-2013, as amended. The Trespass By-law 98-2013, as
amended, prevails to the extent of any inconsistency between it and the Respect Check
policy.
5.2
Municipal and Community Comparators
Many municipalities have behaviour and respect programs. These policies and programs
set a standard for people’s actions. The Town of Oakville, City of Guelph, and the City of
London, plus numerous other municipalities, have developed and implemented similar
Code of Conduct Policies such as RZone (Oakville and London) – all with the aim to
decrease unsafe behaviours among participants, volunteers, staff, coaches, officials and
spectators.
Recreation and Culture Services staff reviewed policies from other municipalities as well
as reached out to their staff who oversee the behavior program. Various sport user groups
utilizing City of Oshawa facilities and property also have organizational Codes of Conduct,
which were also considered for the purpose of the review.
5.3
Next Steps
5.3.1 Procedure Development
Recreation and Culture Services staff, in collaboration with other City branches and
departments, will create the necessary procedures and forms that compliment Respect
Check.
5.3.2 Educational Awareness and Promotion
Recreation and Culture Services staff, in collaboration with other City branches and
departments will conduct educational and awareness initiatives including:
•
•
Signage to advise the public on Respect Check at all Recreation and Culture’s
facilities and some parks and trails.
Promotion of the Respect Check Policy in future activeOshawa guides, through
social media campaigns and e-newsletters.
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Incorporation of the Respect Check in the Conditions of Use portion of all rental
contracts
Incorporate as part of the Branch’s Event Guidelines
Communication to all affiliated and non-affiliated sport users, stakeholders and
community groups
5.3.3 Staff Training
Training will be provided internally for Recreation and Culture Services and Parks &
Environmental Services staff on the Respect Check Policy and the administrative
procedures and tools to implement the policy including their role, responsibilities and
rights.
Where applicable, Recreation and Culture Services staff will work with the Durham
Regional Police Services, Canadian Mental Health Association and other agencies on
related and relevant training.
5.3.4 True Sport Community
True Sport is a nationwide charitable organization that develops initiatives and programs
that promote the sport virtues of inclusion, fun, fairness and excellence. True Sport has
created seven principles for participation in sport:
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Go For It: Always strive for excellence and rise to the challenge, but never at the
expense of others. Discover how good you can be.
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Play Fair: Play honestly and obey the rules, in letter and spirit. Winning is only
meaningful when competition is fair.
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Respect Others: Show respect for everyone involved in creating a sporting
experience, both on the field and off. Win with dignity and lose with grace.
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Keep it Fun: Find the joy of sport and have a good time. Keep a positive attitude
and look to make a positive difference, on the field and in your community.
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Stay Healthy: Place physical and mental health above all other considerations and
avoid unsafe activities. Respect your body and keep in shape.
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Include Everyone: Share sport with others, regardless of creed, ethnicity, gender,
sexual orientation or ability. Invite everyone into sport to make it more meaningful
for the whole community.
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Give Back: Always remember the community that supports your sport and helps
make it possible. Find ways to show your appreciation and help others get the most
out of sport.
These seven principles have assisted in informing the Respect Check Policy and are a
positive reinforcement to how individuals should behave while using recreation and culture
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facilities and parks and trails. Many municipalities have become “True Sport” communities
and have adopted these seven principles.
By adopting these principles and becoming a ‘True Sport’ community, the City of Oshawa
is able to reinforce the ‘True Sport’ message, in combination with its own Respect Check
Policy as well as link to a greater nationwide strategy around positive and inclusive
spaces.
Upon approval of this report, Recreation and Culture Services staff will take the necessary
steps and register the City of Oshawa as a True Sport community.
6.0
Financial Implications
The cost of implementing Respect Check and can be funded from the 2017 Operating
Budget.
There are no cost implications to becoming a ‘True Sport’ community.
7.0
Relationship to the Oshawa Strategic Plan
This report addresses the Oshawa Strategic Plan by responding to the goal of “Social
Equity” with the theme of “An Active, Healthy and Safe Community” by expressing a
commitment to ensure recreation, culture, parks and trails space are positive, safe, and
supportive environments for the entire community.
Julie MacIsaac, Director,
Recreation & Culture Services
Ron Diskey, Commissioner,
Community Services Department
Attachment
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Item: CS-17-12
Attachment 1
Corporate Policies: Recreation & Culture
Policy: Respect Check – Recreation and Culture Services Code of Conduct
Issued: April, 2017
Revised:
Page: 1 of 8 Number:
Related Policies: Respect in the Workplace- LR14.10; City of Oshawa, Code of Conduct
Policy – AG10.80; Ontario Health and Safety Act, City of Oshawa Trespass
Act; Trespass By-law 98-2013, as amended
Respect Check Code of Conduct Policy
1.0
Purpose/Background
The City of Oshawa is committed to creating and promoting a safe, healthy, respectful
and welcoming environment where there is respect for others and responsibility for all
actions.
Respect Check is a code of conduct policy, which enforces a set of expectations to
address inappropriate behaviours, violence, and vandalism that negatively affects the
experience of individuals or creates unsafe conditions. The Respect Check policy
identifies how these behaviours will be addressed when it occurs within any City facility
or in association with any service, program or event provided by, or associated with, the
City of Oshawa and outlined in this document.
The City encourages and supports all organizations using City facilities to take primary
responsibility for developing, implementing and managing their specific behaviour
management policies to align with the City policy. The Corporation will make its best
effort to mitigate all situations, however in the course of public service, events may be
beyond the Corporation’s control. The policy is aligned with the following policies, acts
and regulations:
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•
2.0
City of Oshawa - Respect in the Workplace – Harassment and Violence Policy
LR14.10;
Trespass to Property Act
City of Oshawa – Trespass By-Law 98-2013
Occupational Health and Safety Act, R.S.O. 1990, c. 0.1;
The True Sport Movement: Canadian Centre for Ethics in Sport
Policy Statement
The City’s recreation, culture and parks programs, facilities and properties are places
that promote learning and support leisure opportunities for members of the community.
In keeping with the True Sport initiative, a patron’s experience with us is based on the
values of fairness, excellence, inclusion and fun. All persons (members of the public,
staff and volunteers) have the right to be safe and to feel safe while attending or
working at a program, facility or property so that they can enjoy their activity sport, or
interest. With this right comes the responsibility to be accountable for actions or
behaviours that put at risk the safety of others and encourages an environment where
there is respect for others. The City of Oshawa has zero tolerance for any form of
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Number:
violence, vandalism, or inappropriate behavior in its recreational programs, facilities or
properties.
3.0
Definitions
City Facility: includes both indoor and outdoor facilities, owned, leased, rented,
allocated, programmed, operated or managed by the City, intended for public or staff
use. This includes, but is not limited to City Hall, Civic Square, recreation facilities,
arenas, pools, sports facilities and fields, parks, playgrounds, staff offices, meeting
rooms, reception desks, community meeting spaces, trails and parks.
Harassment: engaging in a course of vexatious comment or conduct against another
person in a public place that is known or ought reasonably know to be unwelcome, with
some or all of the following components: it is generally repetitive, although a single,
serious incident may constitute workplace harassment if it undermines the recipient’s
psychological or physical integrity and has a lasting harmful effect; it is hostile, abusive
or inappropriate; it affects the person’s dignity or psychological integrity and it results in
a poisoned work environment. Behaviour that intimidates isolates or discriminates
against the recipient may also be included.
Letter of Warning: explanation in written format the details of what happened, what
was said and done; issues stemming from misconduct, identify City’s policy and provide
statement of future expectations to correct the misconduct, description of the action to
be taken if problem not corrected, provide any required supporting documents (photos,)
Ontario Health and Safety Act: an Act to promote occupational health and safety
among employers, workers and others.
Ontario Human Rights Code: is a law in the province of Ontario that gives all people
equal rights and opportunities without discrimination in specific areas such as housing
and services
Senior Staff Person: means the City Manager, each Commissioner and each Director
of the City.
Structured Activity: facility permit issued; registered or scheduled drop-in recreation
program
Trespass to Property Act: a provincial law in Ontario dealing with illegal entry into
private and public property.
Trespass Notice: is authorized under the Trespass to Property Act and is a written
notice prohibiting an individual from entering specific City facilities for a specific duration
and is issued to an individual for the purpose of imposing a ban.
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Trespass By-law: is a City of Oshawa By-law that establishes a system for
administering notices and other matters under the Trespass to Property Act. Respect
Check is intended to act as a precursor, and does not replace, the Trespass By-law.
Unstructured Activity: no permit issued; drop-in programs, events.
Vandalism: means the malicious, willful and deliberate destruction, damage, defacing
of property owned, leased, or permitted through the City.
Violence: physically threatening behaviour such as shaking a fist at someone, finger
pointing, destroying property, throwing objects; verbal or written threats to physically
attack a worker, client or patron; leaving threatening notes or threatening emails;
wielding a weapon at work; stalking someone; and physically aggressive behaviours
including hitting, shoving, standing excessively close to someone in an aggressive
manner, pushing, kicking, throwing an object at someone, physically restraining
someone or any other form of physical or sexual assault.
4.0
Scope/Application
4.1
Properties and Users
The Respect Check policy applies to all staff, contractors employed by the City of
Oshawa and users of Parks, Recreation and Culture programs, municipally owned or
leased facilities or properties. Users are, including but not limited to, patrons, guests,
spectators, fans, coaches, players, parents, volunteers and staff (which includes all full
time, part-time and students).
Nothing in this policy is intended to diminish the scope of authority conferred by Council
pursuant to Trespass By-law 98-2013, as amended. The Trespass By-law 98-2013, as
amended, prevails to the extent of any inconsistency between it and this policy.
4.2
Structured and Unstructured Activites
The Respect Check policy covers structured (i.e. facility use permit issued, registered
programs) and unstructured (i.e. no permit issued, drop-in programs, events) activities.
This policy applies to in-person interactions and all forms of verbal communication and
written communication (email/letters).
4.3
Inappropriate Behaviours and Violence
Inappropriate behaviours and violence for the purpose of this policy includes, but is not
limited to, the following:
a.
b.
c.
d.
Loud verbal assaults directed at participants, officials, members of the public or
City staff deemed to be aggressive, intimidating, or having the potential of
inciting violence.
Threats and/or attempts to intimidate;
Throwing of articles in a deliberate or aggressive manner;
Actual or attempted aggressive approaches to another individual including
physical or verbal assault;
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e.
Sexual harassment. Examples include but are not limited to sexual advances or
demands; threats, leering, sexually suggestive or obscene comments or
gestures, unwelcome remarks, jokes, innuendoes, propositions or taunting,
unwanted attention, physical contact of a sexual nature, sexual assault.
f. Attempts to goad or incite violence in others;
g. Theft of property;
h. Possession of weapons;
i. Vandalism of any kind to a City building or property;
j. Refusal to abide by facility rules and/or posted notices in City of Oshawa
facilities and/or on City of Oshawa property;
k. Racial or ethnic slurs;
l. Illegal consumption of alcohol or drugs or other substances;
m. Harassment which may include the wearing of attire, the displaying of material
or the use of language that is intolerant of human rights;
n. Contravention of City By-Laws or Policies;
o. Contravention of any provincial or federal laws e.g. any illegal activity;
p. Engagement in a course of annoying comment or conduct;
q. Displaying of abusive or offensive materials, words, images;
r. The use of all cell phones, cameras, video recording devices, personal digital
devices, or any other equipment with video or photographic abilities in change
rooms and public washrooms;
s. Criminal behaviour of any kind whatsoever.
5.0
Responsibilities
Staff and attendees at City recreation facilities, parks and trails are responsible for
acting and behaving in a manner that respects the rights of others and enables the
enjoyment of individual and public benefits of recreation to promote an environment that
can be enjoyed by all. A fair, safe and open atmosphere increases accessibility and
opportunities for participation in all levels and types of activities, while providing a
welcoming, culturally diverse community.
5.1
Role of City Staff
Recreation and Culture Services and Parks Operations staff are responsible for
overseeing and implementing the Respect Check policy and program. Responsibilities
include:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Review Respect Check policy annually and update as needed
Developing all procedural aspects related to this policy (e.g. forms, processes)
Developing Respect Check signage to be posted at all city facilities
Including a requirement to abide by the respect Check policy as a term and
condition for use of a facility
Following and implementing the Respect Check policy and procedure
Monitoring and identifying violations of the policy and/or procedure
Reporting all incidents to their immediate supervisor or manager promptly
Completing appropriate forms to document incidents and/or in response to a
complaint from members of the public, volunteers or other individuals.
Participating in investigation processes as required
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j.
Providing training and education to staff to support both the policy and
procedure
k. Including promotion of Respect Check in ongoing promotional vehicles i.e.
activeOshawa guide, website and other media advertising
l. Applying Respect Check in all City programming to provide participants and
visitors a safe and positive environment.
m. Bringing awareness to inappropriate behaviour demonstrated; engage police or
security if an individual or group continues to be uncooperative.
Recreation and Culture Services and Parks Operations staff will also work in
partnership with the community to ensure everyone has the opportunity to enjoy a
respectful and positive environment. Staff will work collaboratively and in consultation
with community sport and recreation organizations/groups to create Respect Check
environments at City parks and trails.
5.2
Role of Organizations
Organizations and user groups making use of City facilities, parks and trails are
responsible for:
• Educating their attendees about the Respect Check policy and appropriate
behaviour
• Compliance of requirements of City contracts and permits regarding Respect
Check
• Applying Respect Check to their programs, including being willing to address
Respect Check violations with their attendees.
Included in this commitment is an understanding that organizations that rent city
facilities must take primary responsibility for the behaviours of participants, instructors,
players, coaches, officials and spectators. Organizations will be expected to abide by
the Respect Check policy as a term and condition for use of a permitted facility
When an organization experiences ongoing or unresolved issues when dealing with
associated participants, volunteers, parents, spectators etc., they are urged to assign a
delegate to meet with a City representative to review the issues and develop
approaches to assist the organization in or City will have final say into any decision,
which may result in a ban or trespass ban.
5.3
Role of Individuals
The City’s primary concern is the safety of the users, staff and contracted employees. If
at any time users or staff feel personally threatened, they are to call the Police
immediately. It is not the expectation that staff or patrons put themselves at risk or
jeopardize one’s safety in dealing with any perceived or real situation.
Program participants, spectators, parents, guests, volunteers, officials and the public
are responsible for:
•
Creating and encouraging opportunities for people to get together through sport
or activity; creating safe places and spaces that are hospitable and conducive to
the safe enjoyment of all while visiting our city facilities, programs, parks and
trails.
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Number:
Behaving and acting in a manner that respects the rights of others in order for the
services to be used and enjoyed by all
Complying with requirements of City contracts and permits regarding Respect
Check and/or promote the Respect Check policy with their program attendees.
Reporting acts of violence, vandalism or inappropriate behaviours and incidents
witnessed to a City staff member and/or a designated person.
Provide details to staff for completing a written report immediately following the
incident
5.4
Role of City Council
Oshawa City Council is responsible for approving, promoting and complying with the
Respect Check policy.
6.0
Practice/ Procedures
6.1
Education
The City, with community sport organizations and other stakeholders, will conduct
promotional and educational campaigns with the goals of:
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Raising awareness of the policy for attendees, and appropriate City employees,
contractors or agents
Outlining how attendees/organizations/users can support the Respect Check
policy (e.g. through attendees setting positive example, encouraging
organizations to have internal policies consistent with the Respect Check policy;
how attendees can report inappropriate behaviour, etc.)
Outlining the potential consequences of non-compliance with the Respect Check
policy
Reviewing promotional materials and work together with volunteer organizations
to raise awareness of the policy.
Providing initial Respect Check orientation sessions with staff and annual training
sessions
Promotional and educational campaigns will include:
o The promotion of the True Sport four values: fairness, inclusion,
excellence and fun
o The promotion of the True Sport seven principles: strive for excellence,
play fair, respect others, keep it fun, stay healthy, include everyone and
give back.
o Posting Respect Check policy and related information on the City website
o Posting Respect Check policy signage at City recreation facilities
o Making information pamphlets available at City recreation facilities and
promoting in activeOshawa guide
o Including Respect Check policy awareness in City employee training
programs
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o Referencing Respect Check policy within Conditions of Use/Rules and
Regulations for Permit Holders
6.2 Violation of Respect Check Policy
6.2.1 Staff
The City’s primary concern is the safety of members of the public, employees and
volunteers. Parks, Recreation and Culture Services employees who observe
inappropriate behaviour, or have reason to believe inappropriate behaviour has
occurred on a City recreational property or facility will report incidents of prohibited
inappropriate behaviours to their immediate supervisor or manager (who may
subsequently report the incident to City Security) as soon as possible or immediately
following the event.
Acts of workplace violence against staff are to be reported to the employee’s supervisor
immediately following the event and in accordance with the City’s Respect in the
Workplace – Harassment and Violence Policy.
City employees who are advised of or receive a complaint of prohibited inappropriate
behaviour from a patron will report it to their supervisor or manager as soon as possible.
Depending on the severity, incidents occurring on weekends and beyond regular
business hours will be reported to the appropriate on-call supervisor or manager. Staff
reporting incidents at outdoor parks and facilities, will contact the on-call Operations
supervisor. All employees are to contact Durham Regional Police Services and/or City
Security if an individual refuses to cease the behaviour when asked.
If, at any time, staff feel physically threatened, Durham Regional Police must be
contacted immediately. It is NOT the expectation that staff put themselves at risk or
jeopardize one’s safety in dealing with any perceived or real situation. Staff are not to
engage in physical confrontations when addressing inappropriate behaviours The
Trespass By-law 98-2013, as amended, establishes a process for issuing trespass
notices.
6.2.2 Patrons
Patrons at City parks, recreation and culture facilities who observe prohibited
inappropriate behaviour under the Respect Check policy should report it to a City
employee as soon as possible upon witnessing the behaviour. Patrons will be asked to
provide detailed information to staff to assist in the completion of an incident report.
If, at any time, facility patrons feel physically threatened, Durham Regional Police must
be contacted immediately. It is NOT the expectation that patrons put themselves at risk
or jeopardize one’s safety in dealing with any perceived or real situation. Patrons are
not to engage in physical confrontations when addressing inappropriate behaviours.
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6.2.3 Documentation
Staff will complete incident reports when a violation of the Respect Check policy has
occurred. Incident reports are required to formally keep track of occurrences
encountered in the workplace, repeat offenders, or an escalating situation. All
documented incidents and files will be retained by Recreation and Culture Services
Branch, and a copy forwarded to Manager, Human Resources Services and Safety to
distribute to the Joint Health and Safety Committees for their review, regardless if the
incident occurred inside facilities or at outside facilities.
6.2.4 Investigations
In addition to documenting incidents, an investigation may occur which could include:
•
conducting interviews of relevant individuals to gather all of the facts and
circumstances relevant to the complaint, including date(s) and location(s)
• reviewing any related documentation
• making detailed notes of the investigation and maintaining them in a confidential
file
Once an investigation is complete, the investigator(s) will prepare a detailed report of
the findings. This report will be submitted to the manager for further direction and followup.
6.2.5 Penalties
Where a finding has been made of a violation of the Respect Check policy,
consideration will be given as to the appropriate remedies collaboratively through the
appropriate branch Managers / Directors
6.3
Monitoring and Evaluation
Recreation and Culture Services will regularly monitor and evaluate the effectiveness of
the Respect Check policy with staff and organizations.
Approved
Date
Signature
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