schedule a high five policies and proceduresfive...high five® a quality standard of children’s...

Schedule A HIGH FIVE

® Policies and Procedures

HIGH FIVE®

A quality standard of children’s sport and recreation

Founded by Parks and Recreation Ontario

January 11, 2012

TABLE OF CONTENTS a) Definitions………………………...………………………………………………………….. 2

b) Commitment to Children Policy………………………………………………………….. 3

c) Code of Conduct and Ethics…………………………………………………………….….4 d) Discipline and Complaints Policy….………………………………………………………6

e) Appeal Policy……………………….…………………………………………………….…..12

f) Dispute Resolution Policy……….…………………………………………………………16

g) Confidentiality Policy….…………………………………………………………………….17

h) Conflict of Interest Policy………………………………………………………...…………18

i) Sponsorship Policy……………………………………………………..…………………....20

j) Communications & Logo Policy………………………………………….………………..22

HIGH FIVE®

Policies and Procedures

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DEFINITIONS 1. The following terms will have these meanings in the HIGH FIVE

® Policies and Procedures:

a) “Appellant”- The party appealing a decision.

b) “Authorized Provider” - The Provincial/Territorial association, licensed by PRO, for the

management, operations, communications and implementation of the Standard using HIGH FIVE

® tools and resources to improve the quality of their programs and philosophies relating

to children. Hereinafter “ARPA”

c) “Conflict of Interest” – A real or seeming incompatibility between one’s private interests and one’s public or fiduciary duties.

d) “Days” – Days irrespective of weekend and holidays.

e) “HIGH FIVE

®” – A proprietary standard owned by Parks and Recreation Ontario designed to

support the safety, well-being and healthy development of children in recreation and sport programs.

f) “HIGH FIVE

® National” - A division of PRO responsible for the national management,

operations, communications and implementation of HIGH FIVE® across Canada.

g) “Materials” - All HIGH FIVE

® communications, including without limitation, letters, e-mails,

websites, business cards, promotional items, posters, advertisements, clothing, pictures, or videos using HIGH FIVE

® Intellectual Property.

h) “Non-Pecuniary Interest” - Family relationships, friendships, volunteer positions in

associations or other interests that do not involve the potential for financial gain or loss.

i) “Pecuniary Interest” - An interest that an individual may have in a matter because of the reasonable likelihood or expectation of financial gain or loss for that individual, or another person with whom that individual is associated.

j) “Perceived Conflict of Interest” – A perception by an informed person that a conflict of

interest exists or may exist.

k) “PRO” – Parks and Recreation Ontario.

l) “Respondent” - The party whose decision is being appealed.

m) “Stakeholder”- Trainers, Umbrella Organizations, Academic Institutions, Registered Organizations and Accredited Organizations within HIGH FIVE

® Alberta, as well as

individuals volunteering or engaged in activities with HIGH FIVE®

Alberta.

n) “Standard” – A proprietary standard owned by Parks and Recreation Ontario called HIGH FIVE

® designed to support the safety, well-being and healthy development of children in

recreation and sport programs.

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HIGH FIVE®

COMMITMENT TO CHILDREN POLICY Purpose 1. The purpose of this policy is to ensure HIGH FIVE

® supports the healthy development of children

in recreation and sport by making all Stakeholders aware that there is an expectation to fulfill their obligation at all times consistent with those of this HIGH FIVE

® Commitment to Children

Policy.

Application of this Policy 2. This Policy applies to all Stakeholders as defined in the Definitions. Responsibilities 3. All Stakeholders have a responsibility to ensure:

a) Environments for children will be: Secure, safe and stable; Caring; Stimulating; Challenging; Considerate of personal space needs and special needs; Equipped with age, size and ability-appropriate equipment, furniture and materials; and Welcoming to all sexes, races, cultures and abilities.

b) Activities for children will:

Allow for a combination of self-directed and leader-directed activities; Provide children with opportunities for input, involvement and choice; Reflect both assessed and expressed needs; Provide opportunities for active participation and reflection; Encourage co-operation and friendship; Incorporate varied learning styles and developmental stages; Recognize uniqueness and encourage mastery; and Value and incorporate cultural, racial and linguistic diversity.

c) Course instructors and Leaders will:

Ensure all children are treated with respect, honesty and trust; Recognize and accept children’s individual needs and circumstances; Employ positive behavior management methods; Help children value and celebrate diversity in the community; Consistently model appropriate behavior; and Continually evaluate the program and their leadership to ensure improvements and

reflect changing needs.

d) Organizations will: Encourage and support the ongoing development of staff and volunteers with regard to

their knowledge and understanding of healthy child development; Ensure clear and on-going communication with parents and families; Encourage participation and input from children and families; and Provide the organizational supports necessary to ensure that children feel safe,

welcome, competent, connected, empowered and special.

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HIGH FIVE® CODE OF CONDUCT AND ETHICS Purpose 1. The purpose of this Code of Conduct and Ethics is to ensure a safe and positive

environment within the Authorized Provider’s HIGH FIVE® trainings, activities and events, by making all individuals aware that there is an expectation of appropriate behavior at all times.

Application of this Policy 2. This Policy applies to all Stakeholders relating to conduct that may arise during the course

of the Authorized Provider’s business, activities and events associated with HIGH FIVE®

including but not limited to, office environment, trainings, and any meetings. 3. This Policy applies to conduct that may occur outside of the Authorized Provider’s business,

activities and events associated with HIGH FIVE® when such conduct adversely affects relationships within or with Stakeholders and is detrimental to the image and reputation of HIGH FIVE®.

Code of Conduct 4. The principles of HIGH FIVE® require a commitment of Stakeholders to provide an

environment, in which all individuals are treated with respect, supports equal opportunity and prohibits discriminatory practices. Stakeholders are expected to conduct themselves at all times in a manner consistent with the values of HIGH FIVE® that include fairness, integrity, open communication and mutual respect.

5. Conduct that violates this Code of Conduct and Ethics may be subject to disciplinary

measures pursuant to HIGH FIVE®’s policies related to discipline and complaints. Responsibilities 6. All Stakeholders have a responsibility to:

a) Commit to quality assurance services and programming for children. b) Work to achieve and maintain high quality programs and services thereby ensuring the

benefits of sport and recreation are achieved. c) Maintain and enhance the dignity and self-esteem of Stakeholders and other HIGH

FIVE® participants by: i. Demonstrating respect to individuals regardless of body type, physical

characteristics, athletic ability, gender, ancestry, color, ethnic or racial origin, nationality, national origin, sexual orientation, age, marital status, religion, religious belief, political belief, disability or economic status;

ii. Focusing comments or criticism appropriately and avoiding public criticism of the Standard and Stakeholders, participants, volunteers and employees;

iii. Consistently demonstrating the spirit of sportsmanship, leadership and ethical conduct;

iv. Acting, when appropriate, to prevent or correct practices that are unjustly discriminatory;

v. Consistently treating individuals fairly and reasonably; vi. Ensuring that the Policies, Principles and Guidelines of HIGH FIVE® are adhered to.

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d) Refrain from any behavior that constitutes harassment, where harassment is defined as comment or conduct directed towards an individual or group, which is offensive, abusive, racist, sexist, degrading or malicious. Types of behavior that constitute harassment include, but are not limited to: i. Written or verbal abuse, threats or outbursts; ii. The display of visual material which is offensive or which one ought to know is

offensive; iii. Unwelcome remarks, jokes, comments, innuendos or taunts about a person’s looks,

body, attire, age, race, religion, sex or sexual orientation; iv. Leering or other suggestive or obscene gestures; v. Condescending or patronizing behavior which is intended to undermine self-esteem,

diminish performance or adversely affect working conditions; vi. Practical jokes which cause awkwardness or embarrassment, endanger a person’s

safety or negatively affect performance; vii. Any form of hazing; viii. Unwanted physical contact including touching, petting, pinching or kissing; ix. Physical assault; x. Behaviors such as those described above that are not directed towards individuals or

groups but have the same effect of creating a negative or hostile environment; or xi. Retaliation or threats of retaliation against an individual who reports harassment.

e) Refrain from any behavior that constitutes sexual harassment, where sexual harassment

is defined as unwelcome sexual comments and sexual advances, requests for sexual favors, or conduct of a sexual nature. Types of behavior that constitute sexual harassment include, but are not limited to: i. The display of visual material which is offensive or which one ought to know is

offensive; ii. Sexist jokes; iii. Display of sexually offensive material; iv. Sexually degrading words used to describe a person; v. Inquiries or comments about a person’s sex life; vi. Unwelcome sexual flirtations, advances or propositions; vii. Persistent unwanted contact; viii. Sexual assault.

f) Refrain from the use of power or authority in an attempt to coerce another person to

engage in inappropriate activities.

g) Refrain from the use and possession of illegal drugs.

h) In the case of adults, avoid consuming alcohol in situations where minors are present, and take reasonable steps to manage the responsible consumption of alcoholic beverages in adult-oriented social situations associated with the Authorized Provider’s HIGH FIVE® events.

i) Respect the property of others and not willfully cause damage.

j) Comply at all times with the Policies, Principles and Guidelines of HIGH FIVE®, as

adopted and amended from time to time.

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DISCIPLINE AND COMPLAINTS POLICY Policy Statement 1. The principles of HIGH FIVE® require a commitment of Stakeholders to provide an

environment, which is characterized by the value of fairness, integrity, open communication and mutual respect. Participation in the Authorized Provider’s HIGH FIVE® activities brings with it many benefits and privileges. At the same time, Stakeholders are expected to fulfill certain responsibilities and obligations including, but not limited to, complying with the Policies, Principles and Guidelines of HIGH FIVE®, specifically the Code of Conduct and Ethics of HIGH FIVE®.

Application of this Policy 2. This Policy applies to all Stakeholders as defined in the Definitions.

3. This Policy only applies to discipline matters that may arise during the course of the

Authorized Provider’s HIGH FIVE® business, activities and events, including but not limited to, trainings, activities, events and meetings unless determined otherwise by the Authorized Provider’ in its sole discretion.

Reporting a Complaint 4. Any individual may report any complaint to the head office of the Authorized Provider by

submitting an Incident Report attached hereto, or any written complaint. Such complaint must be signed and in writing, and must be filed within thirty (30) days of the alleged incident.

5. Anonymous complaints and complaints filed beyond the thirty (30) day requirement may be

accepted upon the sole discretion of the Authorized Provider and this decision may not be appealed.

6. Upon receiving a complaint, the Authorized Provider’s Manager, or designate, will:

a) Notify the applicable Authorized Provider, if any. b) Determine whether the complaint is to be managed within the jurisdiction of the

Authorized Provider or to be referred to HIGH FIVE® National; and c) Whether the complaint is legitimate within fourteen (14) days of receiving it. If the

Authorized Provider’s Manager, or designate, determines the complaint is not legitimate, the complaint will be dismissed immediately.

7. If a complaint is determined by the Authorized Provider’s Manager, or designate, to be

legitimate, the complaint will be designated as a minor infraction, as defined in paragraph 11, or a major infraction, as defined in paragraphs 16 and 17, and dealt with according to the appropriate sections of this Policy. It will be at the sole discretion of the Authorized Provider’s Manager, or designate, to determine whether a complaint is to be dealt with as a major or minor infraction. This decision is not appealable.

8. If the incident is to be dealt with as a minor infraction, the Authorized Provider’s Manager, or designate, will inform the alleged offender, and the matter will be dealt with according to the section relating to minor infractions.

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9. If the incident is to be dealt with as a major infraction and if the Authorized Provider’s Manager, or designate, determines that a hearing is required, the alleged offender will be notified as quickly as possible and the matter will be dealt with according to the section relating to major infractions.

10. This Policy does not prevent an appropriate person or Stakeholder having authority from

taking immediate, informal or corrective action in response to behavior that constitutes either a minor or major infraction provided that the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident. Further sanctions may be applied in accordance with the procedures set out in this Policy.

Minor Infractions 11. Examples of minor infractions include, but are not limited to:

a) Disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards

others; b) Conduct contrary to the ideals of respect such as angry outbursts or argument; and c) Non-compliance with the Policies, Principles and Guidelines of HIGH FIVE® under which

HIGH FIVE® is governed. 12. All disciplinary situations involving minor infractions occurring will be dealt with by the

Authorized Provider’s Manager. 13. Procedures for dealing with minor infractions will be determined at the discretion of the

Authorized Provider’s Manager and will be informal as compared to those for major infractions. At minimum, the individual being disciplined will be told the nature of the infraction and will be provided an opportunity to provide information concerning the incident.

14. Sanctions for minor infractions, which may be applied singly or in combination, include the

following:

a) Verbal or written reprimand which may be placed in the individual’s file; b) Verbal or written apology; c) Service or other voluntary contribution to HIGH FIVE® and/or the Authorized Provider; d) Retraining; e) Suspension from the current training, activity or event; f) Any other sanction considered appropriate for the offense; or g) Determination the infraction is dealt with as a major infraction.

15. Minor infractions that result in discipline will be recorded and maintained by the Authorized Provider. Repeat minor infractions may result in further such incident being considered a major infraction.

Major Infractions 16. Major infractions are instances of misconduct that result, or have the potential to result, in

physical or emotional harm to other persons or to HIGH FIVE®.

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17. Examples of major infractions include, but are not limited to:

a) Repeated incidents of disrespectful, offensive, abusive, racist or sexist comments or behavior directed towards others;

b) Repeated conduct contrary to the ideals of respect such as angry outbursts or argument; c) Repeated incidents of being late for or absent from Authorized Provider or HIGH FIVE®

events activities at which attendance is expected or required; d) Incidents of physical abuse; e) Pranks, jokes or other activities that endanger the safety of others; f) Disregard for the Policies, Principles and Guidelines of HIGH FIVE® under which HIGH

FIVE® training, events and programs are conducted; g) Conduct which results in harm to the image, credibility or reputation of HIGH FIVE®

and/or its’ sponsors; h) Abusive use of alcohol where abuse means a level of consumption that impairs the

individual's ability to speak, walk or drive; causes the individual to behave in a disruptive manner; or interferes with the individual's ability to perform effectively and safely;

i) Any use or possession of illicit drugs and narcotics. j) Physical or emotional harm

18. Major infractions may be dealt with immediately, if necessary, by a HIGH FIVE® or Authorized Provider person in authority, provided the individual being disciplined is told the nature of the infraction and has an opportunity to provide information concerning the incident. In such situations, disciplinary sanctions will be for the duration of the training, program or event only. Further sanctions may be applied but only after review of the matter in accordance with the procedures set out in this Policy. This review does not replace the appeal provisions of this Policy.

Discipline Panel and Hearing 19. Within twenty-one (21) days of notifying the respondent of a complaint of a major infraction,

the Authorized Provider’s Manager, or designate, will appoint one to three individuals to serve as a Discipline Panel (“Panel”).

20. Members of the Panel will have no significant relationship with the complainant and

respondent; will have had no involvement with the alleged infraction; and will be free from any other bias or conflict of interest.

21. The Panel will hold the hearing as soon as possible, but not more than thirty (30) days after being appointed.

22. Having regard to the nature of the discipline matter and the potential consequences of any

resulting sanctions, the Panel will decide to conduct the hearing by way of review of documentary evidence or by way of oral hearing. If the Panel decides to conduct an oral hearing, it may decide to do so in-person or by means of telephone conference.

Documentary Review 23. Where the Panel has determined that the appeal will be held by way of documentary

submissions, the Panel will govern the hearing fairly and as it sees fit, provided that:

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a) All parties are given a reasonable opportunity to provide written submissions to the Panel, to review written submissions of the other parties, and to provide written rebuttal and argument; and

b) The applicable principles and timelines set out by the Panel are respected. Oral Hearing 24. Where the Panel has determined that the appeal will be held by way of oral hearing, the

Panel will govern the hearing fairly and as it sees fit, provided that:

a) The affected parties will be given five (5) days written notice of the day, time and place of the hearing;

b) The affected parties will be provided copies of all evidence to be relied upon; c) Decisions will be by majority vote; d) Panel members will refrain from communicating with the parties except in the presence

of, or copy to, the other parties; e) The individual being disciplined may be accompanied by a representative; f) The individual being disciplined will have the right to present evidence and argument; g) Any party potentially affected by the matter, including the HIGH FIVE® National, may be

made party to the hearing by the Panel; h) The Panel may request that any witness be present at the hearing or submit written

evidence in advance of the hearing; i) If the individual being disciplined chooses not to participate in the hearing, the hearing

will nonetheless proceed; j) The hearing will be held in camera (private) and may be held via teleconference; k) Each party will bear their own costs; l) Once appointed, the Panel will have the authority to abridge or extend timelines

associated with any aspect of the hearing.

25. After hearing the matter, the Panel will determine whether or not the individual will be disciplined, and if so, will determine the appropriate penalty to be imposed and any measures to mitigate the harm suffered by others as a result. The Panel's written decision, with reasons, will be considered a matter of public record and distributed to all parties, the Authorized Provider and HIGH FIVE® National, within twenty-one (21) days of the conclusion of the hearing.

26. Where the individual acknowledges the facts of the incident, he or she may waive the hearing, in which case the Panel will determine the appropriate disciplinary sanction. The Panel may hold a hearing for the purpose of determining an appropriate sanction.

Sanctions 27. The Panel may apply the following disciplinary sanctions singly or in combination, for major

infractions:

a) Written reprimand to be placed in the individual’s file; b) Written apology; c) Removal of certain privileges; d) Retraining; e) Suspension from certain Authorized Provider and/or HIGH FIVE® programs, events

and/or activities;

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f) Suspension from all Authorized Provider and/or HIGH FIVE® activities for a designated period of time;

g) Expulsion from the Authorized Provider and HIGH FIVE®; h) Publication of the Panel’s decision; i) Other sanctions as may be considered appropriate for the offense.

28. Unless the Panel decides otherwise, any disciplinary measures will commence immediately.

Failure to comply as determined by the Panel will result in automatic suspension within the Authorized Provider and HIGH FIVE® until such time as compliance occurs.

29. A written record will be maintained by HIGH FIVE® National and the applicable Authorized Provider at its head office for major infractions that result in disciplinary measures.

Serious Infractions 30. The Authorized Provider Manager, or designate, may determine that an alleged incident is

of such seriousness as to warrant suspension of the individual pending a hearing and a decision of the Panel.

31. Where it is brought to the attention of the Authorized Provider Manager, or designate, that a Stakeholder has been charged with an offence under the Criminal Code, or has previously been convicted of a criminal offence, the Authorized Provider Manager, or designate, may suspend the Authorized Provider pending further investigation, a hearing, or completion of the criminal proceedings.

32. Notwithstanding the procedures set out in this Policy, any HIGH FIVE® Stakeholder who is convicted of a criminal offense involving sexual exploitation, invitation to sexual touching, sexual interference, sexual assault or aggravated assault will face automatic suspension from participating in any activities of the Authorized Provider and HIGH FIVE® for a period of time corresponding to the length of the criminal sentence imposed by the court, and may face further disciplinary action by the Authorized Provider and/or HIGH FIVE® National.

Timelines 33. If the circumstances of the complaint are such that this policy will not allow a timely

conclusion, or if the circumstances of the complaint are such the complaint cannot be concluded within the timelines dictated in this policy, the Panel may direct that these timelines be revised.

Appeals Procedure 34. The decision of the Panel may be appealed in accordance with the Authorized Provider’s

Appeal Policy.

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INCIDENT REPORT Date and time of incident: ______________________________________________________ Name of writer: _____________________________ Position: _________________________ Location of Incident: __________________________________________________________ Event: ______________________________________________________________________ Individual(s) involved in the incident: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Objective description of the incident (please be concise, accurate and non-judgmental): ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Names of individuals who observed the incident: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Disciplinary action that was taken (if applicable): ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Signature of writer: _________________________________ Date: _________________

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NATIONAL APPEAL POLICY Purpose 1. The principles of HIGH FIVE® require a commitment from Stakeholders to provide an

environment in which all Stakeholders are treated with respect. Irresponsible behaviour by Stakeholders can result in severe damage to the integrity to the Authorized Provider and/or HIGH FIVE® and to the support of the Authorized Provider and/or HIGH FIVE®. Conduct that violates these values may be subject to disciplinary measures pursuant to the Discipline and Complaints Policy. Since disciplinary measures may be applied, it is only fair to provide Stakeholders with some mechanism to appeal what may appear to be unfair treatment. The purpose of this Appeal Policy is to enable appeals within the Authorized Provider to be dealt with fairly, expeditiously and affordably.

Scope and Application of this Policy 2. Any Stakeholder who is directly affected by a decision of an Authorized Provider will have

the right to appeal that decision, provided there are sufficient grounds for the appeal as set out in Section 6 of this Policy.

3. This Policy will not apply to decisions relating to:

a) Matters of employment; b) Volunteer appointments and the withdrawal or termination of those appointments; c) Matters of budgeting and budget implementation; d) Matters of operational structure and committees; and e) Any decisions made under Paragraphs 5 and 7 of this Policy.

Timing of Appeal 4. HIGH FIVE® Stakeholders who wish to appeal a decision will have fourteen (14) days from

the date on which they received notice of the decision, to submit in writing to the office of the Authorized Provider the following: a) Notice of their intention to appeal; b) Grounds for the appeal; c) All evidence that supports these grounds; d) The remedy or remedies requested, and e) A payment of five hundred dollars ($500), which will be refunded if the appeal is

successful. 5. Any party wishing to initiate an appeal beyond the fourteen (14) day period must provide a

written request stating reasons for an exemption to the requirement of Paragraph 4. The decision to allow, or not allow an appeal outside the 14-day period will be at the sole discretion of the Authorized Provider Manager (“Manager”), or designate, and may not be appealed.

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Grounds for Appeal 6. A decision cannot be appealed on its merits alone. An appeal may be heard only if there are

sufficient grounds for appeal. Sufficient grounds include the Respondent:

a) Making a decision for which it did not have authority or jurisdiction as set out in the approved policies of the Authorized Provider and/or HIGH FIVE®;

b) Making a decision based on a policy that is illegal or contrary to a statutory provision; c) Failing to follow procedures as set out in the approved policies of the Authorized

Provider and/or HIGH FIVE® , or d) Making a decision that was influenced by bias, where bias is defined as a lack of

neutrality to such an extent that the decision-maker is unable to consider other views. Screening of Appeal 7. Within twenty-one (21) days of receiving the notice and grounds of an appeal and the

required fee, the Manager, or designate if the Manager is not available or not able to act in this capacity because of a conflict of interest or any other reason, will determine whether there are appropriate grounds for the appeal to proceed as set out in Section 6. The Manager, or designate, is not to determine if an error has been made but only if the appeal is based on such an allegation of error by the Respondent.

8. If the appeal is denied on the basis of insufficient grounds, the Appellant will be notified of

this decision in writing, giving reasons. This decision is at the sole discretion of the Manager, or designate, and may not be appealed.

Appeals Panel 9. If the Manager, or designate, is satisfied that there are sufficient grounds for an appeal the

Manager, or designate will establish an Appeals Panel within twenty-one (21) days (hereafter referred to as the "Panel") as follows:

a) The Panel will be comprised of one to three persons who will have no significant

relationship with the affected parties, will have had no involvement with the decision being appealed, and will be free from any other actual or perceived bias or conflict.

Preliminary Conference 10. The Panel may determine that the circumstances of the appeal warrant a preliminary

conference. The matters that may be considered at a preliminary conference include:

a) Format of the appeal (hearing by documentary evidence, oral hearing or a combination of both);

b) Timelines for exchange of documents; c) Clarification of issues in dispute; d) Clarification of evidence to be presented to the Panel; e) Order and procedure of hearing; f) Location of hearing, where the hearing is an oral hearing; g) Identification of witnesses; h) Remedies sought ; and i) Any other procedural matter that may assist in expediting the appeal proceedings.

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Procedure for the Hearing 11. The Panel will decide whether the hearing will be held by means of documentary review,

conference call, or in person. 12. Where the Panel has determined that the appeal will be held by way of oral hearing in

person or via conference call, the Panel will govern the hearing by such procedures as it deems appropriate, provided that:

a) The hearing will be held within thirty (30) days of the Panel's appointment. b) The Appellant and Respondent will be given five (5) days written notice of the date, time

and place of the hearing. c) Decisions will be by majority vote. d) Copies of written documents that any of the parties would like the Panel to consider will

be provided to the Panel and to all other parties at least three (3) days prior to the hearing.

e) If the decision of the Panel may affect another party to the extent that the other party would have recourse to an appeal in their own right under this policy, that party will become a party to the appeal in question and will be bound by its outcome.

f) A representative or advisor, including legal counsel may accompany any of the parties. g) The Panel may direct any other person to participate or present evidence in the appeal. h) Unless otherwise agreed by the parties, there will be no communication between the

Panel and the parties except in the presence of, or by copy to, the other parties. Procedure for Documentary Appeal 13. Where the Panel has determined that the appeal will be held by way of documentary

submissions, it will govern the appeal by such procedures as it deems appropriate provided that: a) All parties are given a reasonable opportunity to provide written submissions to the

Panel, to review written submissions of the other parties, and to provide written rebuttal and argument; and

b) The applicable principles and timelines set out in Section 12 are respected. Appeal Decision 14. Within twenty-one (21) days of concluding the appeal, the Panel will issue its written

decision, with reasons. In making its decision, the Panel will have no greater authority than that of the original decision-maker. The Panel may decide to:

a) Reject the appeal and confirm the decision being appealed; or b) Uphold the appeal and refer the matter back to the initial decision-maker for a new

decision; or c) Uphold the appeal and vary the decision; and/or d) Refund the appeal fee of $500 to the Appellant.

15. The decision will be considered a matter of public record. A copy of the decision will be

provided to each of the parties, the Authorized Provider and to HIGH FIVE® National. 16. In extraordinary circumstances, the Panel may issue a verbal decision or a summary written

decision, with reasons to follow, provided the written decision with reasons is rendered within the timelines specified in this policy.

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Timelines 17. If the circumstances of the dispute are such that this policy will not allow a timely appeal, or

if the circumstances of the dispute are such the appeal cannot be concluded within the timelines dictated in this policy, the Panel may direct that these timelines be revised.

Final and Binding Decision 18. The decision of the Panel will be binding on the parties and on all HIGH FIVE®

Stakeholders, subject only to the provisions of the Authorized Provider’s Dispute Resolution Policy.

19. No action or legal proceeding will be commenced against the Authorized Provider and/or

HIGH FIVE® National in respect of a dispute, unless the Authorized Provider and/or HIGH FIVE® National as refused or failed to abide by the provisions for appeal and/or dispute resolution as set out in the HIGH FIVE® policies.

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DISPUTE RESOLUTION POLICY Purpose 1. The Authorized Provider supports the principles of Alternate Dispute Resolution (ADR) and is

committed to the techniques of negotiation, facilitation, mediation and arbitration as effective ways to resolve disputes with and among Stakeholders, and to avoid the uncertainty, costs and other negative effects associated with litigation.

2. The Authorized Provider encourages all Stakeholders to communicate openly and to collaborate in using problem-solving and negotiation techniques to resolve their differences. In almost all cases a negotiated settlement is preferable to any outcome achieved through other dispute resolution techniques, and negotiated resolutions to disputes with and among Stakeholders are strongly encouraged.

Application of this Policy 3. This Policy applies to all Stakeholders as defined in the Definitions.

Facilitation and Mediation 4. Opportunities for facilitation and mediation may be pursued at any point in a dispute where it is

appropriate and where the disputing parties agree that such a course of action would be mutually beneficial.

5. The costs of mediation will be shared equally by the parties. Arbitration 6. In the event that a dispute persists after all other Authorized Provider internal remedies have

been exhausted including negotiation, facilitation, mediation and/or appeals, the parties, upon mutual consent, may pursue opportunities for arbitration.

7. Where arbitration is pursued, it will be done so in accordance with the applicable provincial arbitration act using trained arbitrators who are acceptable to the parties.

8. The parties involved in a dispute may also mutually agree to bypass internal avenues of dispute

resolution, including appeals, and may directly pursue opportunities for arbitration.

9. Where a dispute is referred to arbitration, all parties to the original dispute will become parties to the arbitration.

10. The parties to arbitration will enter into a written Arbitration Agreement that will specify that the

decision of the arbitrator will be final and binding upon the parties and not subject to any further review by any court or any other body.

11. The costs of arbitration will be decided by the Arbitrator.

No Legal Action 12. No action, application for judicial review or other legal proceeding will be commenced against the

Authorized Provider and/or HIGH FIVE® National respecting a dispute, unless the remedies

afforded by this Policy have not been offered or have been exhausted. In no case may a party pursue legal action against the Authorized Provider or HIGH FIVE

® National in respect of

arbitration, for which the parties have entered into a written Arbitration Agreement.

HIGH FIVE®


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January 11, 2012 17 | P a g e

CONFIDENTIALITY POLICY Purpose 1. The purpose of this policy is to ensure the protection of Confidential Information that is proprietary to

the Authorized Provider and/or HIGH FIVE® which is owned by PRO,

by making all Stakeholders

aware that there is an expectation to act at all times appropriately and consistently with this Policy.

Application of this Policy 2. This Policy applies to all Stakeholders as defined in the Definitions. Responsibilities 3. Stakeholders will not, either during the period of their involvement/employment or any time thereafter,

disclose to any person or organization any Confidential Information about the Authorized Provider and/or HIGH FIVE

® acquired during their period of involvement/employment, unless expressly

authorized to do so. 4. Stakeholders will not publish, communicate, divulge or disclose to any unauthorized person, firm,

corporation, third party or parties any Confidential Information, without the express written consent of the Authorized Provider and/or HIGH FIVE

® National, as appropriate.

5. Stakeholders will not use, reproduce or distribute such Confidential Information or any part thereof,

without the express written consent of the Authorized Provider and/or HIGH FIVE®

National, as appropriate, except for the purpose of implementing and promoting HIGH FIVE

® training and

monitoring. 6. All files and written materials relating to Confidential Information will remain the property of PRO and

upon termination of involvement/employment with the Authorized Provider and/or HIGH FIVE®

or upon request of HIGH FIVE

® National the Stakeholder will return all Confidential Information received

in written or tangible form, including copies, or reproductions or other media containing such Confidential Information, immediately upon such request.

7. The term “Confidential Information” includes, but it not limited to the following:

a) Names, addresses, e-mail addresses, telephone numbers, cell phone numbers and financial information of organizations and individuals within the Authorized Provider or HIGH FIVE

® and

their respective Stakeholders, volunteers, directors, employees, trainers, and contractors. b) Proprietary information related to the business or affairs of the Authorized Provider or HIGH

FIVE®

and any of its divisions, including, but not limited to, procedures, business methods, forms, policies, marketing and development plans, advertising programs, creative materials, trade secrets, knowledge, techniques, data, products, technology, computer programs, manuals, software, financial information and information that is not generally or publicly known.

Intellectual Property 8. Copyright and any other intellectual property rights in all written material (including material in

electronic format) and other works produced in connection with employment or involvement with HIGH FIVE

® will be owned solely by PRO, who will have the right to use, reproduce or distribute such

material and works, or any part thereof, for any purpose it wishes. PRO may grant permission for others to use such written material or other works, subject to such terms and conditions as PRO

may

prescribe.

Enforcement 9. A breach of any provision in this Policy may give rise to discipline in accordance with the Discipline

and Complaints policy or legal recourse.

HIGH FIVE®


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January 11, 2012 18 | P a g e

CONFLICT OF INTEREST POLICY

Purpose and Application 1. The purpose of this Policy is to describe how Stakeholders will conduct themselves in matters

relating to real or perceived conflicts of interest, and to clarify how the Authorized Provider will make decisions in situations where conflicts of interest may exist.

Obligations 2. Any real or perceived conflict, whether pecuniary or non-pecuniary, between a Stakeholders’

interest and the interests of the Authorized Provider and/or HIGH FIVE®, must at all times be

resolved in favor of the Authorized Provider and/or HIGH FIVE®.

3. Stakeholders will not:

a) Engage in any business or transaction, or have a financial or other personal interest that is incompatible with their official duties with the Authorized Provider and/or HIGH FIVE

®;

b) Knowingly place themselves in a position where they are under obligation to any person who might benefit from special consideration, or who might seek, in any way, preferential treatment;

c) In the performance of their official duties, accord preferential treatment to family members, friends or colleagues, or to organizations in which their family members, friends or colleagues have an interest, financial or otherwise;

d) Derive personal benefit from information that they have acquired during the course of fulfilling their official duties with the Authorized Provider and/or HIGH FIVE

®, where such

information is confidential or is not generally available to the public; e) Use Authorized Provider and/or HIGH FIVE

® property, equipment, supplies or services for

activities not associated with the performance of official duties with the Authorized Provider and/or HIGH FIVE

® without the permission of the Authorized Provider and/or HIGH FIVE

®

National; f) Place themselves in positions where they could, by virtue of being a Stakeholder, influence

decisions or contracts from which they could derive any direct or indirect benefit or interest; or

g) Accept any gift or favor that could be construed as being given in anticipation of, or in recognition for, any special consideration granted by virtue of being a Stakeholder.

Disclosure and Reporting of Conflict of Interest 4. A Stakeholder will disclose a conflict of interest to the Authorized Provider or the HIGH FIVE

®

National Manager immediately upon becoming aware that there exist real or perceived conflicts of interest.

5. Any person who is of the view that a Stakeholder may be in a position of conflict of interest may

report this matter in writing to the Authorized Provider or HIGH FIVE® National Manager.

Resolving Conflicts in Decision-making 6. Decisions or transactions that involve a real or perceived conflict of interest that have been

disclosed by a Stakeholder will be considered and decided upon the Authorized Provider or HIGH FIVE

® National provided that:

a) The nature and extent of Stakeholder’s interest has been fully disclosed and this disclosure is recorded;

b) The Stakeholder does not participate in discussion on the matter giving rise to the conflict of interest;

HIGH FIVE®


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January 11, 2012 19 | P a g e

c) The Stakeholder abstains from voting on the proposed decision or transaction; d) The Stakeholder is not included in the determination of quorum for the proposed decision or

transaction; and e) The decision or transaction is in the best interests of the Authorized Provider and/or HIGH

FIVE®.

Enforcement 7. Failure to adhere to this Policy may give rise to discipline in accordance with the Discipline and

Complaints Policy.

HIGH FIVE®


HIGH FIVE®



January 11, 2012 20 | P a g e

SPONSORSHIP POLICY

Purpose and Application 1. The HIGH FIVE

® Sponsorship Policy articulates how HIGH FIVE

® National will work with Authorized

Providers to secure sponsorship in support of the Standard both nationally and at the provincial and territorial level.

2. Stakeholders, other than Authorized Providers, will contact their Authorized Provider if contemplating entering any sort of sponsorship arrangement related to the Standard. Upon receipt of such notification from a Stakeholder, the Authorized Provider will immediately contact HIGH FIVE

®

National. Aspiration 3. Through the direction of this Policy, by sharing information, and working collaboratively, HIGH FIVE

®

National, its Authorized Providers will successfully secure sponsorships that provide for the continuous development and full implementation of the Standard throughout Canada.

Principles of Sponsorship 4. HIGH FIVE

® Sponsorship is guided by the following principles:

a) Mission Driven ~ All sponsorship efforts are intended toward, “assisting children along the path of healthy child development.”

b) Strong Transparent Communications ~ Ensure by creating a two way flow of information that is clear, consistent and timely for all parties.

c) Sponsor Rights ~ Respect sponsors right to direct their support as they wish. d) No Harm ~ Every effort will be made by all partners to do no harm to the sponsorship efforts of

either national or other Authorized Providers. e) Confidentiality ~ All sponsorship information shared by HIGH FIVE

® National, Authorized

Providers will be treated confidentially unless otherwise directed. Responsibilities of HIGH FIVE

® National

5. HIGH FIVE® National will:

a) Coordinate all national sponsorship activities. b) In cooperation with the applicable Authorized Providers, develop materials for sponsorship

affecting more than one Authorized Provider. c) In cooperation with the applicable Authorized Providers, establish a mutually agreeable revenue

sharing formula for sponsorship revenues affecting more than one Authorized Provider. d) Use net revenues raised by sponsorship relationships to support HIGH FIVE

® products and

services. e) Not accept donations, services or sponsorship from the tobacco and alcohol industry and other

entities not aligned with the healthy development of children, determined in their sole discretion. f) Determine, in their sole discretion, the appropriateness of a sponsor. g) Advise the applicable Authorized Provider about decisions on sponsorship matters affecting the

Authorized Provider. Responsibilities of the Authorized Provider 6. The Authorized Provider will:

a) Acknowledge that building the HIGH FIVE® brand will benefit all Authorized Providers and

therefore abide by this Policy. b) Avoid duplication of effort and avoid sponsorship conflicts by notifying HIGH FIVE

® National

before communicating with a potential sponsor or execution of any sponsorship agreement. c) Maintain positive working relationships with HIGH FIVE

® National and other Authorized Providers

by limiting sponsorship opportunities to sources within the Authorized Provider’s jurisdiction. If sponsorship opportunities arise which are more inter-provincial/territorial or national in scope, the Authorized Provider will involve HIGH FIVE

® National in the negotiation process to enhance the

opportunity and avoid unnecessary competition and conflict.

HIGH FIVE®


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January 11, 2012 21 | P a g e

d) Inform HIGH FIVE® National when the Authorized Provider has a contact that could benefit HIGH

FIVE® National’s sponsorship negotiations. In the event that HIGH FIVE

® National requests or

accepts the Authorized Provider’s assistance, the Authorized Provider may join HIGH FIVE®

National in a joint proposal or upon approval from the Sponsor receive a five percent (5%) finder’s fee of the sponsorship monies obtained from the National sponsorship upon receipt of such monies.

e) Only use HIGH FIVE® sponsorship funds for HIGH FIVE

® products and services within the

Authorized Provider’s Jurisdiction for the advancement of HIGH FIVE®.

f) Recognize that agreeing to “category exclusivity” (i.e. including but not limited to, fast service restaurants, banks, car dealerships etc.) will likely impact the sponsorship efforts of HIGH FIVE

®

National and other Authorized Providers, therefore such exclusive agreements will be entered into only with the expressed written consent of HIGH FIVE

® National.

g) Follow federal and provincial regulations affecting sponsorship and ensure sponsorship agreements are in compliance with such regulations.

h) Provide a copy of sponsorship agreements to HIGH FIVE® National prior to submission and

execution. i) Recognize that HIGH FIVE

® National will determine, in their sole discretion, the appropriateness

of a sponsor. j) Not accept donations, services or sponsorship from the tobacco and alcohol industry.

Existing Sponsorship Relationships 7. HIGH FIVE

® National and the Authorized Provider will honour existing sponsorship relationships.

Consideration 8. Authorized Providers will pay to HIGH FIVE

® National seven percent (7%) of corporate sponsorship

monies over $50,000 received by the Authorized Provider. Monies paid to HIGH FIVE® National will

be used for research and development. (All grants and government funding to the Authorized Providers are exempt from this provision). This paragraph only applies to individual sponsorship over $50,000.

Branding 9. Authorized Providers will adhere to the Communications Policies and Guidelines for all sponsorship

activities between the Authorized Provider and sponsor. Dispute Resolution 10. HIGH FIVE

® National and all Authorized Providers will work within the spirit and principles articulated

in this Policy. However, in the event a dispute resolution mechanism may be required, the HIGH FIVE

® National Dispute Resolution Policy will apply.

Policy Review and Renewal 11. Authorized Providers may forward suggestions for changes to this policy at any time to HIGH FIVE

®

National.

12. This policy will be reviewed from time to time by HIGH FIVE® National in consultation with the

Authorized Providers.

HIGH FIVE®


HIGH FIVE®



January 11, 2012 22 | P a g e

COMMUNICATIONS & LOGO POLICY

Purpose 1. Since HIGH FIVE

® is a registered trademark and the Standard is comprised of intellectual

property owned by PRO, it is of the utmost importance that the Standard and the HIGH FIVE®

brand, logo and Materials are applied consistently and reflects the highest of standards. The purpose of this Policy is to provide Stakeholders guiding principles, policies and regulations regarding:

a) Use of the HIGH FIVE®

logo;

b) Use of HIGH FIVE®

Materials;

c) Typeface for all HIGH FIVE®

logos and Materials;

d) Key messages and wording for HIGH FIVE®

logos and Materials; and

e) Guidelines for producing all HIGH FIVE®

Logos and Materials. Grant of License 2. PRO grants to the Stakeholder, in accordance with the terms set out in the Stakeholders

Agreement and this Policy, a non-exclusive license to use the HIGH FIVE®

logos and Materials in relation to the implementation, advertising and promotion of the Standard.

3. HIGH FIVE®

logos and Materials may not be used by any unauthorized organization which is not registered as a Stakeholder

unless approved by HIGH FIVE

® National.

HIGH FIVE

® Logos

4. The HIGH FIVE®

logo is composed of five stars which are a symbol of excellence and quality. Programs bearing HIGH FIVE

® logos will be committed to achieving a high standard of quality in

their children’s programs by implementing HIGH FIVE®

Training.

Obligations 5. Stakeholders will adhere to the following:

a) The terms and conditions of their Stakeholder Agreement with HIGH FIVE® National or their

Authorized Provider.

HIGH FIVE®

the Name

b) The HIGH FIVE®

name will always be written in UPPER CASE and will always be used with the registered symbol ® in superscript.

HIGH FIVE®

the Logo

c) Only use approved HIGH FIVE®

logos provided by HIGH FIVE®

National.

d) HIGH FIVE®

logos may, include the tagline “The best way to play” and the trademark symbol ™ in superscript.

e) Only use yellow, purple, white or black as color schemes for HIGH FIVE®

logos.

HIGH FIVE®

Footer

f) The following footer will be included in all HIGH FIVE®

advertisements, correspondences and written materials: HIGH FIVE

® A quality standard for children’s sport and recreation


HIGH FIVE®


HIGH FIVE®



January 11, 2012 23 | P a g e

Quality Control

g) HIGH FIVE®

logos, footer, name and Materials will be of a high quality and will not be applied in such a way, or to products, that will reduce the quality of the logo or the image of the Standard or HIGH FIVE

®.

6. Stakeholders will NOT:

a) Alter the look, feel or image of the HIGH FIVE®

logos, footer or name.

b) Add decorative or other elements to the HIGH FIVE®

logos, footer, or name.

c) Distort the HIGH FIVE®

logos, footer, or name.

d) Use outdated versions of the HIGH FIVE®

logos, footer or name.

e) Place the HIGH FIVE®

logos, footer or name in questionable locations (e.g. backside of pants).

HIGH FIVE® Logo Request

7. Stakeholders, excluding Authorized Providers, wishing to use the HIGH FIVE®

logos, footer, or name will submit the Communications/Logo Request Form (found below) or which can be ascertained from their Authorized Provider, in accordance with the following eligibility guidelines:

a) Registered Organizations who have signed a Registered Organization Agreement and have implemented HIGH FIVE

® training.

b) Affiliate Providers who have signed an Affiliate Provider Agreement.

c) Umbrella Organizations who have signed an Umbrella Organization Agreement and have passed a motion to adopt HIGH FIVE

®‘s Commitment to Children’s Policy.

d) Academic Organizations who have signed an Academic Organization Agreement.

e) Trainers who have signed a Trainer Agreement.

8. Authorized Providers who have signed an Authorized Provider Agreement are not required to submit the Communications/Logo Request Form for use of the HIGH FIVE

® logos, footer, or

name but must act in accordance with this Policy and the Authorized Provider Agreement.

9. Accredited Organizations will have access to the HIGH FIVE®

Accredited Logos upon being accredited and submitting the Communications/Logo Request Form.

Proofs 10. Stakeholders will submit proofs, reproductions and samples of any use of the HIGH FIVE

® logos,

footer, or name upon request of HIGH FIVE® National or the Stakeholders Authorized Provider.

Intellectual Property 11. This Policy does not give Stakeholders any interest in HIGH FIVE

® logos, name, footer or any

other intellectual property owned by PRO in relation to the Standard, except the right to use the Trade Marks in accordance with the terms of this Policy.

Revocation 12. PRO, HIGH FIVE

® National and/or their Authorized Provider may revoke a Stakeholders use of

any HIGH FIVE®

trademarks, logos or Materials in accordance with their Stakeholder Agreement with HIGH FIVE

®.

Enforcement 13. Failure to adhere to this Policy may give rise to discipline in accordance with the Discipline and

Complaints Policy.

HIGH FIVE®


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January 11, 2012 24 | P a g e

APPENDIX A HIGH FIVE® Logo/Communications REQUEST FORM Organization: _________________________________________________________________ Contact: _____________________________________________________________________ Telephone:_____________Fax:____________Email: _________________________ Please check the logo/ad you require:

Logo Format

HIGH FIVE® ❑ B&W ❑ Colour ❑ jpg ❑ eps

Accreditation Logo

❑ B&W ❑ Colour ❑ jpg ❑ eps

Generic Print Ad ❑ B&W ❑ Colour ❑ jpg ❑ n/a

Logo Format Please indicate how you intend to use the logo/ad:\

Item Distribution Quantities*

❑ Print marketing/promotional material

Specify (e.g. poster, brochure, program flyer)

❑ Certificates, ribbons or medals

❑ Clothing, buttons, hats, mugs, etc.

Specify:

❑ Electronic publication

(e.g. web link, online newsletter, multi-media)

❑ Other (specify):

❑ Print ad

* indicate how many of the items will be produced and/or distributed (i.e. number of households, parents or staff members) NOTE:

All requests will be reviewed for compliance with the HIGH FIVE® Communications Policies and Guidelines (i.e. completion of the Learn! level of the Quality Assurance Process).

We will endeavour to respond to requests within one week of submission. Appropriate digital files will be emailed to you.

ADDITIONAL NOTES:

___________________________________________________________________________________________________________________________________________

Submit by FAX to the HIGH FIVE® office: (780) 451-7915 or by email to [email protected]

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