OCAA FAQ ON STUDENT-ATHLETE PARTICIPATION

The Ontario Colleges Athletic Association (OCAA) is dedicated to providing all student-athletes with the opportunity to freely participate in competition. All student-athletes deserve to compete in an inclusive environment free of harassment and to be respectful of personal dignity for all. Intimidation or harassment of student-athletes is intolerable.

The OCAA is aware that participation of transgender student-athletes has recently received public attention. The following information has been developed to provide clarity around OCAA's position regarding inclusion in OCAA sanctioned activities.

This information has been prepared in consultation with OCAA legal counsel to assist members with responding to incidents that may be encountered in relation to gender-based participation of OCAA student-athletes.

How do OCAA's Member Institutions' Code of Conducts apply?

All of OCAA's twenty-six (26) member institutions have their own policies and Codes of Conduct in place.

Individuals are expected to adhere to these principles while on the premises of these institutions. Any violation of these guidelines could result in sanctions.

How does the OCAA Code of Ethics apply?

OCAA members and participants are expected to uphold the highest standard of ethical behaviour and personal conduct and are responsible for acting in such a way as to represent their institution and the OCAA in the most favourable light at all times.

The OCAA is committed to providing an environment where members and participants respect the personal dignity of others, free from all forms of harassment, and where all applicable statutory requirements are followed, including under the Human Rights Code.

Individuals who violate the OCAA Code of Ethics may be subject to disciplinary action or other legal proceedings.

The OCAA Code of Ethics is available here.

What is the CCAA Policy on Transgender Student-Athlete Participation?

As a member of the Canadian Collegiate Athletic Association (CCAA), the OCAA follows national policies and procedures for all sports that lead into CCAA championships, including the CCAA's policy on transgender student-athlete participation.

The CCAA policy on transgender student-athlete participation is available here.

What if a student-athlete has questions regarding CCAA or OCAA policies?

All questions regarding CCAA or OCAA policies can also be brought directly to an OCAA athletic department staff member or director at the respective institution.

What is protected under the Ontario Human Rights Code?

Under the Ontario Human Rights Code, discrimination and harassment because of gender identity or gender expression are prohibited.

Everyone should be able to have the same opportunities and benefits and be treated with equal dignity and respect, including transgender.

Any policies that would prohibit the participation of transgender student-athletes within the OCAA would be a violation of the Ontario Human Rights Code.

Further information regarding the protection of gender identity and gender expression is available here.

What is prohibited under Canada's Criminal Code?

The willful promotion of hatred against any group distinguished by sexual orientation, gender identity or expression is prohibited under the Criminal Code of Canada.

Obstruction, interruption or interference with the lawful use, enjoyment or operation of property that is primarily used by an identifiable group, including a college or university, is also illegal.

Further information regarding the Criminal Code of Canada is available here.

What is Criminal Hate Speech?

In addition to being contrary to the OCAA Code of Conduct, anyone who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach the peace, is prohibited under the Criminal Code of Canada.

Communicating statements other than in private conversation willfully promoting hatred against any identifiable group is also prohibited.

What is Defamation?

A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing the individual to hatred, contempt, or ridicule, or that is designed to insult the person of or concerning whom it is published.

OCAA members and participants should be aware that recent court decisions have found that making comments and spreading reports that perpetuate negative stereotypes and myths about members of the 2SLGBTQI+ community is not speech that is protected from a defamation lawsuit. An individual, group or organization may be sued for defamation by participating in such activities.

What if a student-athlete experiences harassment?

A student-athlete that experiences harassment while participating in OCAA activities should bring it to the attention of the respective athletic department staff member or director, to receive further direction and support.

Student-athletes are encouraged to utilize mental health and wellness support services on campus if seeking additional support. Provincial mental health supports are also available here.

What should an OCAA member do if it receives hate-based or discriminatory communications?

It is strongly recommended to not respond to the message, even if it originates from a known individual.

Any member, convenor, or the OCAA itself who has knowledge about actions which contravene the OCAA Code of Ethics are encouraged and expected to initiate the complaint procedure.

Should a member become aware of an individual who is promoting hatred against any identifiable group, other than in private conversation, it should be reported to the police.