Athlete: An individual who is a member, registrant or license holder of a sport organization subject to the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS). [Note: The UCCMS (when fully drafted and implemented) will set out in detail how jurisdiction overvarious groups of individuals, including Athletes, will be acquired.]

Complaint: A Participant or observer who makes a report of an incident of Maltreatment or suspicions of an incident of Maltreatment.

Consent by a Person over the Age of Majority: Consent is defined in Canada’s Criminal Code as the voluntary agreement to engage in the sexual activity in question. The law focuses on what the person was actually thinking and feeling at the time of the sexual activity. Sexual touching is only lawful if the person affirmatively communicated their consent, whether through words orconduct. Silence or passivity does not equal consent. Sexual activity is only legal when both parties consent. The Criminal Code also says there is no consent when: Someone says or does something that shows they are not consenting to an activity; Someone says or does something to show they are not agreeing to continue an activity that has already started; Someone is incapable of consenting to the activity, because, for example, they are unconscious; The consentis a result of a someone abusing a position of trust, power or authority or someone consents onsomeone else’s behalf. A person cannot say they mistakenly believed a person was consentingif: that belief is based on their own intoxication; they were reckless about whether the personwas consenting; they chose to ignore things that would tell them there was a lack of consent; orthey didn’t take proper steps to check if there was consent.2 For further information, please seethe comment below.

Sexual activity with a minor is a criminal offence as is sexual activity with a person under the ageof 18 years when the other person is in a position of trust or authority.

[Comment to Consent: The responsibility for ensuring there is consent is on the person who is initiating or pursuingthe sexual activity. When someone has said no to sexual contact, the other person cannot rely on the fact that timehas passed or the fact that the individual has not said no again to assume that consent now exists. No one canlegally consent in advance to sexual activity in the future when they will be unconscious. No one can legally consentto activity where they will suffer bodily harm, such as activity that will cause serious bruises, stitches or brokenbones. It is a criminal offence to engage in sexual activity with a child, as a child is unable to consent.]

Disclosure: The sharing of information by a Participant regarding an incident or a pattern of Maltreatment experienced by that Participant. Disclosure does not constitute a formal report that initiates a process of investigation to address the Maltreatment.

Duty to Report under Child Protection Legislation: A legal duty to report is mandated by law, and the requirement varies by province depending on provincial legislation. Everyone has a duty toreport child abuse and neglect under Canadian child welfare laws. Professionals who work with children and youth have an added responsibility to report. Adults are obliged to report child Maltreatment if there is knowledge or suspicion that it is occurring. This is called the “duty to report.” Every person in Canada has the duty to report known or suspected child Maltreatment by law. Known or suspected abuse or Neglect of a child must be reported to: local child welfare services (e.g., children’s aid society or child and family services agency), or provincial/territorial social service ministries or departments, or local police.

Duty to Report Concerns Outside of Child Protection Legislation: Participants have a duty to report concerns of inappropriate conduct of other Participants to uphold the ethical standards and values of Canadian sport. Reporting inappropriate conduct is important to ensure proper action is taken and expectations are re-established. By addressing inappropriate conduct, a collective responsibility to protect Participants from Maltreatment is enacted.

Grooming: Deliberate conduct by a Participant to sexualize a relationship with a Minor that involves the gradual blurring of boundaries and normalization of inappropriate and sexually abusive behaviour. During the grooming process, the Participant will gain the trust of the Minor and protective adults and peers around the Minor often under the guise of an existing relationship. Manipulation tactics are then used to blur perceptions and gain further access to and private time with the Minor in order to abuse or exploit the Minor. Grooming can occur whether or not harm is intended or results from the behaviour. 3

Minor: An individual who is under the age of majority at the time and in the jurisdiction where the alleged Maltreatment occurred. It is the responsibility of the adult to know the age of a minor. 4

Comment to Minor: The following table illustrates the definition of a child for the purposes of protection in eachprovince and territory at the time of writing this UCCMS. Please check your local jurisdiction for potential changes.

Note: Children with disabilities are eligible for protective services until age 19.

Maltreatment: Volitional acts that result in harm or the potential for physical or psychological harm. 5 Any of the various prohibited behaviours and conduct described in Section 2.0.

Neglect: Any pattern or a single serious incident of lack of reasonable care, inattention to a Participant’s needs, nurturing or well-being, or omissions in care. Neglect is determined by the objective behaviour but the behaviour must be evaluated with consideration given to the Participant’s needs and requirements, not whether harm is intended or results from the behaviour. 6

Participant: Every individual who is subject to the UCCMS. [Note: Participants may become subject tothe UCCMS by various means. Athletes through membership in an adopting sport organization and coaches, volunteers, doctors, trainers, administrators, directors, etc. by signing an expresscontract accepting the jurisdiction of the UCCMS.]

Physical Maltreatment: Any pattern or a single serious incident of deliberate conduct that has thepotential to be harmful to the physical well-being of the Participant. Physical Maltreatment includes, without limitation, contact or non-contact infliction of physical harm. Physical Maltreatment is determined by the objective behaviour, not whether harm is intended or results from the behaviour. 7

Power Imbalance: A Power Imbalance may exist where, based on the totality of the circumstances, a Participant has supervisory, evaluative, a duty of care, or other authority over another Participant. A Power Imbalance may also exist between an Athlete and other adults involved in sport in positions such as high-performance directors, sport specific health-care providers, sport science support staff, care or support persons, guides or pilots. Maltreatment occurs when this power is misused.

Once a coach-Athlete relationship is established, a Power Imbalance is presumed to exist throughout the coach-Athlete relationship, regardless of age, and is presumed to continue for Minor Athletes after the coach-Athlete relationship terminates or until the Athlete reaches 25 years of age.

A Power Imbalance may exist, but is not presumed, where an intimate relationship existed before the sport relationship commenced (e.g., a relationship between two spouses or life partners, or a sexual relationship between consenting adults that preceded the sport relationship).

[Comment to Power Imbalance: A Power Imbalance may arise whether the Participants are in 1) an authority-based relationship in which one person has power over another by virtue of an ascribed position of authority, such as between high performance director and coach; employer and employee; technical official and Athlete; 2) a dependency relationship in which the person in a position of lesser power is dependent upon the other person for asense of security, safety, trust, and fulfillment of needs, conducive to intimate physical or psychological connections, such as between parent and child; teacher and student; coach and Athlete; high performance directorand Athlete, sport science and medical support staff and Athlete; billet or host family and Athlete; and 3) a peer-to-peer relationship, including but not limited to teammate-teammate, athlete-athlete, coach-coach or official-official relationships. Power may be represented by seniority, ability, physical size, public profile, gender identity or expression, sexual orientation, ethno-racial identity, level of physical and intellectual disability, and their intersections, as some examples. Maltreatment occurs when this power is misused. Moreover, it is recognized that those from traditionally marginalized groups have experienced positions of lesser power.]

Psychological Maltreatment: Any pattern or a single serious incident of deliberate conduct that has thepotential to be harmful to the psychological well-being of the Participant. Psychological Maltreatment includes, without limitation, verbal conduct, non-assaultive physical conduct, and conduct that denies attention or support. Psychological Maltreatment is determined by the objective behaviour, not whether harm is intended or results from the behaviour. 8

Reporting (or Report): The provision of information in writing by any person or a Participant to arelevant independent authority (the independent person or position charged with receiving areport and determining next steps) regarding Maltreatment. Reporting may occur through either: (i) the Complainant (of any age) or the one who experienced the Maltreatment, or (ii) awitness – someone who witnessed the Maltreatment or otherwise knows or suspects Maltreatment. In either case, the intention of Reporting is to initiate an independent investigative process, which could result in disciplinary action being taken against the Respondent.

Respondent: A Participant who is alleged to have engaged in Maltreatment and thereby to have violated the UCCMS.

Sexual Maltreatment involving a Child: Any form of adult/child sexualized interaction constitutes child sexual abuse. Sexual abuse of a child may occur through behaviours that do or do not involve actual physical contact. 9

Sexual Maltreatment involving a person over the Age of Majority: Any sexual act, whether physical or psychological in nature, that is committed, threatened, or attempted against a Participant without the Participant’s Consent. It includes any act targeting a Participant’s sexuality, gender identity or expression, that is committed, threatened or attempted against a Participant without that Participant’s Consent, and includes but is not limited to, the Criminal Code Offences of sexual assault, sexual exploitation, sexual interference, invitation to sexual touching, indecent exposure, voyeurism and non-consensual distribution of sexual/intimate images. Sexual Maltreatment also includes sexual harassment and stalking, cyber harassment, and cyber stalking of a sexual nature. Sexual Maltreatment can take place through any form or means of communication (e.g. online, social media, verbal, written, visual, hazing, or through a third party).