SQUASH ONTARIO POLICIES

Squash Ontario - Conflict of Interest Policy

PREAMBLE

It shall be accepted that the Conflict of Interest Guidelines will apply to the following individuals or associations:

• Professional Staff
• Members of the Board of Directors
• Members of Squash Ontario’s Regional Associations, including all sanctioned leagues
• Members of all Standing Committees, including but not limited to High Performance, Junior Development, Officiating Instructors, Coaching Instructors, School Squash, Nominating and any other Ad Hoc Committees which may be struck from time to time by the Board of Directors
• Contract personnel including provincial and Canada Games coaches
• Managers appointed by the Board of Directors
• Any other individual appointed by the Board of Directors to represent or speak on behalf of Squash Ontario

These individuals and/or associations will hereinafter be referred to as “designated representatives.”

2. EXPECTATION

(a) All of the designated representatives are expected to act in a manner which will enhance Squash Ontario’s reputation for ethical conduct in all of its dealings.
(b) To guide such conduct, the conflict of interest policy of Squash Ontario is as follows:

3. POLICY

A conflict of interest will be deemed to exist:

(a) When designated representatives place themselves or can be perceived to have placed themselves in a position where they are under any obligation to any person or organization, which might benefit from improper consideration or favour
(b) When designated representatives seek or are perceived to seek, gain, receive, or benefit financially from preferential treatment in the discharge of their duties and responsibilities to Squash Ontario. Such situations include, but are not limited to, the following:
(i) Participating as a director or officer of a firm which is a supplier of materials or services to Squash Ontario;
(ii) Entering into an agreement or contract for the sale or manufacturing of squash supplies and/or services with any agency which could be construed as an endorsement of or promotion by Squash Ontario;
(iii) Having personal financial dealings with an individual or corporation whose business with Squash Ontario involves the designated representative’s sphere of responsibilities;
(iv) Making an investment in an situation in anticipation of Squash Ontario taking a material interest therein or which results from knowledge of facts not generally available to the public or in anticipation of actions which may be taken by Squash Ontario in such a situation;
(v) Participating simultaneously in a provincial capacity and national capacity. eg. provincial team coach or manager and national team coach, training centre coach, manager or provincial committee member and national committee. This does not include national duties that are required by virtue of participating in a provincial capacity (Board and Council member);
(vi) Participating in the selection process of any Ontario team if a member of the individual’s family is a potential candidate for selection;
(vii) Publicly advocating or expressing an opinion, either verbally or in writing, which is contrary to the stated policies, decisions or positions or Squash Ontario;
(viii) Publicly behaving in such a manner as to embarrass Squash Ontario or bring the name of Squash Ontario into disrepute.

(c) If gifts or favours of any kind are exchanged between a designated representative and any individual or corporation whose relationship with Squash Ontario involves the designated representative’s sphere of responsibilities.
(d) If designated representatives find themselves in a position of having to determine the allocation of funds to specific projects with which they could be perceived to be deriving benefit.
(e) If a designated representative finds himself/herself in a position of evaluating and subsequently, voting upon, a sponsorship proposal from a company or corporation for whom the designated representative works or from whom that designated representative receives benefits (eg. sponsorship).

NOTE This policy is not intended to prohibit the acceptance or giving of common courtesies associated with accepted business practices, including accepting or giving gifts of nominal value which could not be construed as a bribe or other improper payment.

Cash payments in any amount must not be accepted or given as a gift or favour under any circumstances.

This policy is not intended to prohibit the payment of honoraria by Squash Ontario to individuals who are entitled, by virtue of services performed or rendered, to receive such honoraria.

4. DISCLOSURE

(a) Prior to the appointment, election, recognition or employment of any individual or association as defined under ‘Preamble’, said individual or association shall be provided with the Conflict of Interest guidelines and will be expected to declare that he/she or it have no business, commercial, financial, professional, property or similar interest(s) which in his/her or its opinion might be construed as being in actual or potential conflict with the duties and responsibilities of the position offered.
(b) If, prior to appointment, election, recognition or employment, any individual or association discloses interest(s) which may be or may be perceived to be in conflict with the interests of Squash Ontario, the individual or association agrees that an undertaking on his/her or its part will be required to correct if found in actual or potential conflict with the duties and responsibilities of the position offered.

5. ADMINISTRATIVE PROCEDURES

5.1 If designated representatives are faced with a situation involving an existing or potential conflict of interest, or are in any doubt about the application of these policies, the circumstances must be reported immediately to:

For Report To

(a) Committee members Appropriate committee chair
(b) Committee chairs Appropriate Vice President
(c) Professional staff President
(d) Board Members Board of Directors
(e) President Board of Directors
(f) Contract personnel Executive Director
(g) Office staff Executive Director
(h) Members of regional executive
committees Regional President
(i) Regional Presidents Executive Director

5.2 In the case of reported situations of conflict of interest,

(a) A committee chair will advise the Committee member if a conflict of interest exists and the Chair will advise the Committee member if the situation must be resolved by the Board of Directors;
(b) A Committee chair will advise the appropriate Vice President if a conflict of interest exists and the Vice President will advise the Committee chair if the situation must be resolved by the Board;
(c) The Executive Director or Technical Director will advise the President if a conflict of interest exists and the President will advise the Executive or Technical Director if the situation must be resolved by the Board;
(d) A Board member or President will advise the Board if a conflict of interest exists and the situation will be resolved by the Board (excluding the Board member or President about whom the situation exists);
(e) Contract personnel (including coaches, officials, etc.) will advise the Executive Director if a conflict of interest exists and the Executive Director will advise the contract personnel if the situation must be resolved by the Board;
(f) A member of a Regional Executive Committee will advise the Regional President if a conflict of interest exists and the Regional President will advise the member if the situation must be resolved by the Board;
(g) A Regional President will advise the Executive Director if a conflict of interest exists and the Executive Director will advise the Regional President if the situation must be resolved by the Board.

5.3 In all cases of conflict of interest or perceived conflict of interest, the Board must be advised of the resolution or disposition of both.

5.4 Where a Squash Ontario designated representative has failed to disclose a conflict of interest, the President will take the following actions:
(a) Request that the designated representative’s actions be justified in writing and;
(b) Discuss the circumstances at the next Board of Directors meeting (or if circumstances necessitate an immediate decision, convene a Board meeting by conference call) and;
(c) Based on the decision by the Board, the designated representative will be requested to cease those actions which have brought about a conflict of interest, by the appropriate Vice President informing the designated representative of the Board’s decision and requesting that all conflict of interest actions cease;
(d) Should the designated representative continue those actions or activities which have been deemed to be in conflict with the interests of Squash Ontario, the designated individual will be removed from his or her position or, in the case of an association, all benefits will be withdrawn.

6. APPEAL PROCESS

(a) If the designated representative is removed from his/her position or, in the case of an association, benefits withdrawn, and the designated representative wishes to appeal the decision, a written request for Appeal stating grounds, must be submitted to the Board of Directors in care of the Executive Director at the provincial office within 10 working days of receipt of the written decision by the President.
(b) If the Request for Appeal is received, the Board shall decide as to whether it can hear it itself or whether it should appoint an independent representative to convene a special as hoc committee to hear said Appeal.
(c) The Appeal must be heard within 15 days of receipt by the Executive Director.
(d) The decision reached by the Squash Ontario Board or its appointed surrogate is final and cannot be appealed.