Complaints Process

Submit a Complaint

The Swim Ontario Complaint Process

Swim Ontario has a robust Complaint and Discipline Procedure that is run separate and independently from the organization. The administration of complaints is tasked to the Dispute Resolution Officer.

Conduct that violates the Swim Ontario bylaws, policies, procedures and comprehensive code of conduct and ethics may be subject to filing a formal complaint.

Swim Ontario can only act, investigate, begin its process, etc. when a formal complaint is made. Swim Ontario is not allowed to act on incidents, issues, reports, etc.

The complaint form must be completed.

Any complaint must contain relevant/specific information based on the 4 W’s:

• Who did it (name of the person/organisation committing the breach)
• What did they do (describe the specific details of what happened and if possible the section of the code breached)
• When did they do it (time, date, etc. – or approximate time, date, etc.)
• Where did it happen (place at which the incident took place i.e. pool, on deck, gym, swim meet, on-line, etc.)

What is a Dispute Resolution Officer (DRO)?

The Dispute Resolution Officers (DRO) is an independent person appointed to administer all Swim Ontario Code of Conduct complaints in a procedurally fair manner. The DRO may redirect complaints to Swimming Canada or the Office of the Sport Integrity Commissioner depending on the jurisdiction or nature of the complaint.

The DRO’s key responsibility is their independence from both Swim Ontario and the member clubs.

• Their task and jurisdiction is to handle complaints independently of Swim Ontario and its Member clubs.
• The DRO will not be unduly influenced by anyone from the swimming community regarding the complaint administration process.
• They do not provide any legal advice to Swim Ontario or its member clubs.

What does the DRO do?

• The DRO’s role is to address complaint matters.
• The DRO hires external mediators, investigators and adjudicators for the complaints as needed, as part of the process.
• The roles, responsibilities and obligations of the DRO are set out in the Swim Ontario Complaint, Discipline and Appeal Procedure
• The DRO does not advocate for one side or the other.
• The DRO remains neutral and procedurally fair throughout the process.
• The DRO may need to report matters to law enforcement, child protection services and/or Swim Ontario’s insurers

What kind of cases are NOT processed/accepted by the DRO?

Some examples of issues not covered by Code of conduct and this procedure are:

• employment matters,
• financial matters /refunds
• swimming technical matters. (group moves, meet entries, etc.)
• any complaint that lacks the critical information of the 4 W’s (i.e. who, what, when, where,)

Confidentiality

• The disciplinary process is confidential and involves the Parties (including, where appropriate, their guardian, parent or other adult representative), the DRO, or Adjudicative Panel , and any independent advisors to the Adjudicative Panel.
• Swim Ontario may be involved in the event a Complaint was initially submitted to it, or in the event an interim suspension is deemed necessary.
• Once initiated and until a decision is released, none of the Parties will disclose confidential information relating to the Complaint, including any interim sanction relating thereto, to any person not involved in the proceedings except to obtain legal advice or unless required by law.
• There may be situations where the DRO is required to notify an organization such as Swimming Canada, law enforcement, insurers or other agencies as required by law, that a complaint alleging a breach has been filed and disciplinary proceedings have been initiated.
• Even where such disclosure is required, all aspects of the Complaint will still be managed by the DRO in accordance with the procedure.
• Any failure to respect the confidentiality requirement may result in sanctions.

• Swim Ontario Code of Conduct
• Swim Ontario Procedure Manual