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Temporary Suspension and Termination Procedure

Introduction

This procedure describes how and when a Scouts Canada member may be suspended and/or terminated as a result of their conduct.

 

Our Procedure

Suspension

1.      The Director of Safe Scouting may suspend a member pending review of the member’s behaviour.

2.     Members may be suspended when:

a.      They are the subject of a criminal investigation or charge

b.     Their presence at Scouts Canada events may pose a risk to others

c.      They have committed or are alleged to have committed serious breaches of Scouts Canada Codes of Conduct

3.     During periods of suspension, members shall not:

a.      Take part in any activity connected to Scouts Canada

b.     Enter Scouts Canada property or premises (including premises rented or leased by Scouts Canada)

c.      Wear the uniform or badges of Scouts Canada

d.      Contact youth members

4.     A member is suspended while Scouts Canada verifies the facts of the allegations and determines whether that person may continue to be a member.

5.     Periods of suspension should not normally last longer than 90 days. An extension of the period of suspension of up to 90 days may be approved by the Director of Safe Scouting. Any further extensions must be approved by the Executive Commissioner and CEO. When statutory investigations or criminal investigations/proceedings are ongoing, the extension of the suspension is renewed until final resolution of the matter.

6.     Any breaches of the terms of suspension will be considered as grounds for immediate termination of membership (see 19 below).

7.     It is also considered grounds for immediate termination of membership if any member facilitates or conceals a suspended member’s violation of the terms of suspension.

8.     The Director of Safe Scouting will notify the suspended member of the reason for and conditions of the suspension in writing (the suspension letter), unless such disclosure would jeopardize any review or statutory investigation.

9.     The suspended member must be informed of the conditions of suspension and offered a support person. These details will be confirmed in the suspension letter.

10.   When the member to be suspended is under 18 years of age, they will be informed of the reason for and conditions of the suspension in the presence of their parents.

11.    The Director of Safe Scouting will amend the member’s record to show that they are suspended.

12.    A copy of the suspension letter will be provided to the relevant Commissioners.

13.   The Director of Safe Scouting will determine whether members of the suspended member’s Group and their parents are to be informed of the suspension and/or the conclusion of the suspension.

Review

14.   The Director of Safe Scouting will assign to the Safe Scouting Department or the suspended member’s Council responsibility for reviewing the conduct of the suspended member. Where Councils are assigned to review the situation, suitably qualified and experienced Scouts Canada members will be assigned by the responsible Key 3 (the reviewer). The Director of Safe Scouting may authorize an external investigation conducted by suitably qualified individuals. Scouts Canada Members shall give their full co-operation to reviewers or investigators.

15.   As soon as practical, a review of the situation must be conducted to allow the period of suspension to end.

16.   In the event that a statutory investigation[1] is conducted, permission must be sought from the Director of Safe Scouting to proceed with a review. It may be necessary for Scouts Canada to wait for the outcome of a statutory investigation before completing its review.

17.   Any review should seek to gather sufficient information to enable an informed decision to be made. The suspended member will be afforded an opportunity to provide a response and their version of the relevant facts. The reviewer or investigators must provide a concise written report to the Director of Safe Scouting for consideration.

18.   Upon review of the written report, the Director of Safe Scouting may require a further review or work to be undertaken prior to making a recommendation to the National Review Board (NRB).

19.   Periods of suspension will remain in place until the suspended member is advised in writing of the end of the period of suspension.

Conclusion

20.  The Director of Safe Scouting will make one of the following recommendations regarding the status of the suspended member to the NRB and the NRB will decide how the period of suspension will end. Periods of suspension may come to an end in three ways:

a.      With reinstatement and no further action

b.     With reinstatement and disciplinary action (see 22 below), additional training, or a change in role

c.      With termination of membership (see 24 below)

21.   A suspended member must be promptly informed by the Director of Safe Scouting of the decision and the status of the period of suspension.

22.  Disciplinary action imposed on the member may include, without limitation, a verbal or written warning, further training, conditions on membership, or reassignment and shall clearly outline any action required to address any outstanding issues. A copy of any written warning must be provided to the Safe Scouting Department.

23.  Failing to comply with any disciplinary action or conditions of reinstatement is a serious matter. The NRB may terminate members who fail to meet any such conditions.

Termination of Membership

24.  Decisions to terminate members will be taken by the NRB.

25.  The Director of Safe Scouting may require a specialist external assessment.

26.  In the event that a suspended member is terminated by the NRB, the terminated member may appeal the decision made, pursuant to the Appeal Procedure.  Appeals must be made to the National Key 3 (NK3) within 30 days of a decision to terminate a member.  If a member has been terminated as a result of criminal charges, this period will be extended to 30 days beyond the final ruling of the court.

27.   Decisions made by the NK3 are final.

28.  Members over the age of 18 will be automatically terminated by the Director of Safe Scouting in the event of criminal charges.

29.  An adverse report from a credible source (law enforcement, provincial child protective services, professional regulatory body, etc.) may invalidate an individual’s ability to meet our membership requirements.

Appeals

31.   Appeals are submitted to the Director of Safe Scouting.

32.  Appeals are considered by the National Key 3 and are to be accompanied by supporting documentation with respect to the initial termination and as to the present and recent past good behaviour of the person, and any other information to justify a request for the reinstatement as a member of Scouts Canada.

33.  The National Key 3 at their absolute discretion reserve the right to seek additional information and/or documentation from the subject in appropriate circumstances; however, shall be under no obligation to do so.

34.  Appeal decisions will be communicated to the subject in writing.

35.  Appeal decisions made by the National Key 3 are final.

Related Policies & Standards

 

Related Procedures

 

Resources 

Effective Date

March 2, 2019


[1] A review or investigation initiated or conducted in virtue of a Federal, provincial or territorial statute. Such Statutory Investigations may include, but are not limited to, police, family services, information and privacy commissions,. Professional organization (e.g. teachers, dentists, doctors, etc.).

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