Safe Sport Considerations for Colleges and Universities

The sixth installment of the Safe Sport series addresses the implementation of the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the UCCMS) in the college and university sectors.

In recent years, there has been increased awareness of the importance of creating safe, respectful and inclusive environments for Canadian athletes of any age and level. Unlike national and multi-sport organizations, colleges and universities are not required to adopt the UCCMS and their funding is not contingent on its adoption. At the same time, universities and colleges may nonetheless find themselves bound to the UCCMS in some circumstances by participation with governing sport bodies and may also want to develop their own policies to address safe sport issues.

Although there are undoubtedly important institutional considerations—and potential implementation challenges—to consider prior to the adoption of the UCCMS at the college or university level, developing policies that align with its behavioural rules is important to ensuring a safe sport environment.

The Impact of the UCCMS on Colleges and Universities

Notwithstanding the fact that there is no mandatory requirement for colleges and universities to adopt the UCCMS, the UCCMS may still apply to their athletes, coaches, staff and/or other designated participants in certain settings. More specifically, colleges and universities should be mindful of rules adopted by the governing bodies for intercollegiate and interuniversity athletes, and other sport organizations of which they are members, such as the Canadian Collegiate Athletic Association and U SPORTS (Governing Bodies).

The Governing Bodies are multi-sport organizations and are required to adopt the UCCMS. Accordingly, while colleges and universities are not required to adopt the UCCMS, they may still be required to comply with its requirements as their athletes, coaches, staff and/or other designated participants enter events under the jurisdiction of the Governing Bodies.

Accordingly, it is important for colleges and universities to ensure that their policies and procedures are aligned with, or account for, the rules maintained by their Governing Bodies and to ensure an understanding of when each entity’s applicable rules govern participants.

Establishing Expected Conduct and Complaint Mechanisms

While colleges and universities may choose not to adopt the UCCMS, they may still implement their own unique complaint mechanism to address maltreatment in their organization, which has the following benefits:

1. Preventing Possible Liability

Failing to address such a prevalent issue in Canadian sport can result in liability for universities, colleges, staff, students, administrators and any other relevant party. This could include—but is not limited to—civil claims, grievances, alleged breaches of human rights or occupational health and safety legislation, and/or workplace safety concerns.

2. Ensuring Safe and Inclusive Sport Environments

Establishing channels through which participants can report incidents of discrimination, harassment or abuse ensures that these concerns are addressed promptly and appropriately and fosters open lines of communication.

3. Promoting Accountability in Sport

Clearly outlining the disciplinary measures to participants for any breach of policies ensures an understanding of the shared expectations of participants and consequences for breaches of these expectations.

4. Protecting Student and Staff Well-Being

Promoting an environment that prioritizes the well-being of participants, while empowering their voices and experiences, promotes equity and full participation in sport.

When drafting safe sport policies, colleges and universities may consider alignment with the behavioural expectations found in sections 1 to 5 of the UCCMS. By establishing the parameters of what is and is not acceptable behaviour, clarity is provided to athletes, coaches, staff and/or other participants regarding how to conduct themselves.

Colleges and universities should also ensure that these policies are effectively communicated to members of their community, and that necessary education is provided to all participants and stakeholders, to ensure understanding of the policies and expectations.

In adopting a complaint mechanism and sanctions for breaches of safe sport policies, colleges and universities should carefully consider their current obligations under employment, human rights and occupational health and safety legislation, the parameters and scope of their existing policies to adequately address maltreatment complaints, the associated responsibilities from their sport governing bodies, relevant collective agreement provisions (if any), as well as what will be enforceable under existing employment agreements.

Key Takeaways

Given the increased awareness and steps taken by governing bodies to create a safe, respectful and inclusive environment for college and university athletes, colleges and universities should be sure to know when they may be bound by the UCCMS by virtue of activities involving the Governing Bodies, familiarize themselves with the expectations of the UCCMS and consider developing policies at the organizational level to address maltreatment in sport.

For any questions about the UCCMS or developing policies and complaint mechanisms in the post-secondary sector, please contact Brittany Bates at 416.864.7508, Frank Cesario at 416.864.7355 or Kayley C. Leon at 416.864.7028.

The authors thank Thomas Trudell, a 2024/2025 articling student, for his assistance with this article.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©

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