Instructional Programs and Materials AP 262: Extra-Curricular Athletics

Background

Fort McMurray Public School Division (the “Division”) believes in and encourages interschool sports programs which provide educational experiences which will help students grow physically, mentally, emotionally, socially and morally.

Extracurricular competitive athletics occur outside the regular physical education curriculum and are optional. Participation in extracurricular competitive athletics can result in an increased risk of injury and infection. Parents and guardians must accept the increased risks and consent for a student to participate in extracurricular competitive athletics.

A principal is generally responsible for all extracurricular athletics that occur at the principal’s

school or involve students who are enrolled in the principal’s school.

The Fairness and Safety in Sport Act and Regulation prescribe eligibility for female-only extracurricular athletics. The Fairness and Safety in Sport Act and Fairness and Safety in Sport Regulation will be referred to as the “FSS Act” and the “FSSR”, respectively, in this administrative procedure. For clarity, the eligibility requirement for female-only extracurricular athletics only applies to female-only leagues, classes, or divisions of all relevant sports and where the participating athlete is 12 years of age or older. The eligibility requirement does not apply to leagues, classes, or divisions other than those that are female-only; or to athletes under 12 years of age.

Definitions

“Applicant” means a person submitting a Challenge.

“Birth registration document” means, pursuant to section 1(b) of the FSSR, a birth registration document as defined in the Vital Statistics Act or similar document issued outside of Alberta containing an individual’s full name; date and place where the birth of the individual occurred; and the sex of the individual.

“Challenge” means a procedure by which an individual’s eligibility to participate in a relevant sport may be contested.

“Extracurricular athletics” refers to an amateur competitive sport or sport discipline governed, regulated, coordinated, promoted or sponsored by the Division, but does not include any of the following: 1. An activity taught as part of a required or optional physical education class or course, 2. An optional school based intramural activity that could otherwise be taught as part of a required or optional physical education class or course; 3. An extracurricular activity that is not athletic, even if it is competitive and 4. An activity that occurs inside a school or on school grounds as part of a community rental of the school or school grounds. 

“Female-only extracurricular athletics” means extracurricular athletics that are intended to consist entirely of individuals whose sex at birth is female within the meaning of the FSSR.

Procedures

1. Responsibility for all extracurricular competitive athletics
   1. The principal is responsible for all extracurricular competitive athletics that occur inside the principal’s school or on the principal’s school’s lands, irrespective of whether the participating students are or are not enrolled in the principal’s school and irrespective of whether the Division itself or a non-Division association organized the athletics.
   2. The principal is responsible for all students enrolled in the principal’s school who participate in extracurricular competitive athletics, irrespective of the location where the extracurricular competitive athletics occurs and irrespective of whether the Division itself or a non-Division association organized the athletics.
2. All extra-curricular athletics programs at a school are subject to the approval of the Principal.
3. School facilities and Division owned equipment (excluding transportation) shall be available, free of charge, to students participating in extra-curricular athletics programs. Students may be required to provide their own personal equipment.
4. A fee may be charged to students to defray the costs of participation in extra-curricular athletics programs. Financial support may also be achieved through school fundraising projects.
   1. If fees are charged, a statement of accounts shall be kept in accordance with Administrative Procedure 513 – School Generated Funds and is subject to periodic review and audit.
   2. No profit or benefit shall be realized by a school or the Division because of extra-curricular fees being charged.
5. Extra-curricular athletics programs shall be conducted in a manner that upholds fairness, good sportsmanship, and safety, nurturing the moral and spiritual growth of each participant.
   1. Principals shall ensure proper supervision for all extra-curricular activities.
   2. Every effort is to be made to minimize the loss of instructional time for coaches and athletes.
6. Extra-curricular athletics programs are to provide for maximum opportunities for all genders to participate in a variety of activities (individual, dual, team).
7. Fairness and Safety in Sport:
   1. All employees must comply with the FSS Act and FSSR.
   2. To be eligible to participate in female-only extracurricular athletics, an athlete that is 12 years of age or older must be of the female sex at birth.
      
      Confirmation of Eligibility on Registration
8. At the time of registration to participate in female-only extracurricular athletics, and before a student who is 12 years of age or older may participate in female-only extracurricular athletics, the student (or their parent/guardian if the student is under 18 years of age) must complete and provide the student’s school principal with the Student-Athlete Eligibility Confirmation Form to confirm in writing that:
9. For clarity, a completed Student-Athlete Eligibility Confirmation Form is not required before a student participates in extracurricular athletics other than female-only extracurricular athletics.
10. Further, a completed Student-Athlete Eligibility Confirmation Form is not required if the student is under 12 years of age.
11. Failure of a student (or their parent/guardian if the student is under 18 years of age) to confirm their eligibility in accordance with this Administrative Procedure will render the student ineligible to participate in any female-only extra-curricular athletics. Subject to the Division’s sole discretion, the student may be permitted to participate upon subsequent written confirmation of their eligibility.
    
    Confidential Challenge Procedure
12. Only a parent/guardian of a student who is already participating in a female-only extracurricular athletic activity may challenge the eligibility of another student to participate in the same female-only extracurricular athletic activity.  Only a parent/guardian described in this section may be an Applicant.
13. Any Challenge must be made confidentially in writing and submitted to the Assistant Superintendent of Human Resources and/or Designate.  To protect the privacy rights of the alleged ineligible student, the Applicant must, at all times, maintain confidentiality of the Challenge, including, but not limited to, the alleged ineligible student’s personal information, such as their name and gender.  An Applicant’s failure to maintain confidentiality will render the Challenge bad faith and may be subject to reasonable sanction as determined in the sole discretion of the Division, as authorized by section 3(2)(c)(ii)(G) by the FSSR.
14. The written Challenge must contain the following:
    1. The name of the Applicant;
    2. The name and age of the student whose eligibility is being challenged, their club/team, and the female-only extracurricular athletic activity in which they are participating;
    3. Confirmation that the Applicant meets the criteria to submit a Challenge, as provided in this Administrative Procedure (i.e. the Applicant is a parent or guardian of a student who is participating in the same female-only extracurricular athletic activity in which the student whose eligibility is being challenged is participating).
    4. Reasonable grounds to believe that the student is ineligible pursuant to this Administrative Procedure; and
    5. Information or documentation that supports those reasonable grounds.
15. If the Assistant Superintendent of Human Resources and/or Designate receives a Challenge under this Administrative Procedure, and determines that the Challenge is missing any of the foregoing mandatory content, then the Assistant Superintendent of Human Resources and/or Designate will request that the Applicant provide the missing information within a reasonable designated time period.  Such time period will be determined at the Assistant Superintendent of Human Resources and/or Designate’s sole discretion. 
16. Following receipt of a confidential Challenge, the Assistant Superintendent of Human Resources and/or Designate will notify the Minister of Tourism and Sport of the Challenge, without personal identifying information, within 3 business days of the Challenge being made.  The Assistant Superintendent of Human Resources and/or Designate will also confirm receipt of the Challenge to the Applicant within 3 business days of the Challenge being made.
17. Within 3 business days of receiving the written Challenge, the Assistant Superintendent of Human Resources and/or Designate will notify the student whose eligibility is the subject of the Challenge (or their parent/guardian if the athlete is under the age of 18 years) of the Challenge and the confidentiality expected from the Applicant.  The Assistant Superintendent of Human Resources and/or Designate will also provide the student or their parent/guardian with a copy of this Administrative Procedure 262.
18. The Assistant Superintendent of Human Resources and/or Designate must choose one of the following based on what is reasonable in the circumstances:
    1. Dismiss the challenge if reasonable grounds do not exist for the challenge;
    2. Dismiss the challenge, if in the opinion of the Assistant Superintendent of Human Resources and/or Designate, the challenge was made in bad faith or
    3. Direct the student, or parent/guardian of the student (for students under the age of 18 years old), whose eligibility is being challenged to submit a copy of the student’s birth registration document to the Assistant Superintendent of Human Resources and/or Designate within a reasonable period of time, failing which, the Assistant Superintendent of Human Resources and/or Designate must determine the student being challenged is ineligible to continue participation in female-only extracurricular athletics.
       1. In deciding whether to issue such direction for the provision of the student’s birth registration document, the Assistant Superintendent of Human Resources and/or Designate will assess whether reasonable grounds exist for the challenge, and any other relevant factors and circumstances, such that a review of the birth registration document is required to determine the student’s eligibility
19. If the Assistant Superintendent of Human Resources and/or Designate directs the student or their parent/guardian to provide a copy of the student’s birth registration document, within a reasonable time of the athlete’s birth registration document being filed with the Assistant Superintendent of Human Resources and/or Designate, the Assistant Superintendent of Human Resources and/or Designate must determine whether that student:
    1. Meets the eligibility requirement to participate in female-only extracurricular athletics, if the birth registration document indicates that the student’s sex at birth is female; or
    2. Does not meet the eligibility requirement to participate in female-only extracurricular athletics, if the birth registration document indicates that the student’s sex at birth is not female.
       
       Decision on Confidential Challenge
20. The Assistant Superintendent of Human Resources and/or Designate may, at any time, dismiss a Challenge if, in the opinion of the Division, reasonable grounds do not exist for the Challenge. 
21. The Assistant Superintendent of Human Resources and/or Designate may determine that no reasonable grounds exist for a Challenge, in the following non-exhaustive circumstances:
    1. The Applicant has failed to meet the Challenge criteria in a timely manner pursuant to this Administrative Procedure; 
    2. The Applicant has made the Challenge solely or primarily on the basis that the student does not appear sufficiently female in the Applicant’s subjective opinion;
    3. The Applicant has made the Challenge solely or primarily on the basis that the student exhibits excellent performance in the sport;
    4. The Division has previously determined the same student to be permanently eligible;
    5. The Division determines that the Challenge has been made recklessly without any basis and/or in bad faith;
    6. The Division determines that the Challenge has been made in a frivolous or vexatious manner.
22. Subject to reconsideration of the dismissal in accordance with this Administrative Procedure, where a Challenge is dismissed, the student will remain eligible for participation in female-only extracurricular athletics. 
23. If the Assistant Superintendent of Human Resources and/or Designate determines that the student is ineligible under this Administrative Procedure, then,
    1. The Assistant Superintendent of Human Resources and/or Designate will provide written notification to the Applicant and the ineligible student; and
    2. The student will be permanently ineligible for participation in all female-only extracurricular athletics.  However, this decision will not affect the student’s eligibility in participating in non-female only extracurricular athletics.
24. If the Assistant Superintendent of Human Resources and/or Designate determines the student to be eligible after review of the birth registration document:
    1. The Assistant Superintendent of Human Resources and/or Designate will provide written notification to the Applicant and the student, advising that:
       1. The Challenge has been dismissed;
       2. The student will be permanently eligible for participation in female-only extracurricular athletics;
       3. Any subsequent Challenges with respect to the student will be automatically dismissed;
       4. The Applicant may request a reconsideration of the Challenge dismissal in accordance with this Administrative Procedure.  During this time, and unless and until the Superintendent of Schools overturns the Challenge dismissal, the athlete remains eligible to participate in female-only extracurricular athletics; and
       5. The Applicant shall continue maintaining confidentiality of the Challenge.
25. The Division will notify the Minister of Tourism and Sport of its decision on the Challenge, without personal identifying information, within 30 business days of the Challenge being made.
    
    Prohibition on Challenges made in Bad Faith
26. The Division will not tolerate any abuse of the FSS Act or of the FSSR, including but not limited to, Challenges made in bad faith.  Where the Assistant Superintendent of Human Resources and/or Designate determines that an Applicant has made a Challenge in bad faith, the Division may impose reasonable sanctions against that Applicant, pursuant to section 3(2)(c)(ii)(G) of the FSSR. 
27. Factors relevant to determining whether a Challenge was made in bad faith include, but are not limited to:
    1. The Applicant’s prior history, including any pattern of inappropriate behaviour or numerous unfounded Challenges;
    2. Whether the Challenge had been made solely or primarily on the basis of the Applicant’s subjective opinion about the student’s appearance;
    3. Whether the Challenge had been made with the sole or primary intention of removing a high-performing participant from a competing team or to substitute another athlete on the team;
    4. Whether the Applicant has failed to maintain confidentiality of the Challenge;
    5. Whether the Challenge attempts to mislead or deceive the Division into finding that a student is ineligible for malicious purposes;
    6. Whether the Challenge had been made recklessly or carelessly without regard to any factual basis;
    7. Whether the Challenge had been made with the knowledge that the student’s eligibility had already been confirmed; or
    8. Whether the Challenge had been made in a vexatious or frivolous manner, being clearly devoid of substance and/or lacking an air of reality.
28. In determining if sanctions are warranted, as well as what sanctions to impose on an Applicant who has submitted a Challenge in bad faith, the Division may consider the following:
    1. The nature and severity of the Applicant’s conduct;
    2. The effect of the Applicant’s conduct on others, including the student, their family, and the broader school community;
    3. The Division’s obligations to ensure a welcoming, caring, safe, and respectful learning environment that respects diversity and fosters a sense of belonging;
    4. Any applicable Codes of Conduct and anti-harassment policies;
29. Sanctions for an Applicant may, without limitation, include any or all of the following:
    1. A written warning;
    2. A temporary prohibition in volunteering for, participating in, coaching, or otherwise being involved in sport activities sanctioned by the Division;
    3. A permanent prohibition in volunteering for, participating in, coaching, or otherwise being involved in sport activities sanctioned by the Division; or
    4. A Ban or Trespass Notice
30. The foregoing list contains examples of potential sanctions and does not represent an exhaustive list of sanctions that the Division may reasonably impose.
    
    Reconsideration of Dismissed Challenges
31. The Applicant may request the Division’s Superintendent of Schools to reconsider a dismissal of the Challenge they made.
32. The request for reconsideration must be submitted in writing to the Superintendent of Schools within 10 calendar days of the dismissal decision was made.  No request for reconsideration will be accepted if not submitted within this time period, and the Division’s decision to dismiss the Challenge will be deemed to be final.
33. Following the receipt of a timely request for reconsideration, the Superintendent of Schools shall confirm such receipt of the same to the Applicant and the student (or their parent/guardian if the athlete is younger than 18 years of age) in writing within 3 business days.
34. The Superintendent of Schools will confirm their decision in writing to the Applicant and the student (or their parent/guardian if the athlete is younger than 18 years of age), along with written reasons for the decision.
35. The Superintendent of Schools’ decision regarding the reconsideration is final.
36. At all times, the Applicant shall maintain confidentiality of the Challenge and the request for reconsideration, failing which the Applicant may be subject to reasonable sanctions for having acted in bad faith.
    
    Protection of Privacy
37. All identifying information related to the athlete will be treated as sensitive personal information and will be processed as such in accordance with applicable data protection and privacy laws.  Such information will not be used for any purpose other than to determine student-athlete eligibility in accordance with the FSS Act and the FSSR. 
38. Mixed gender or mixed sex competitions may occur as determined by Fort McMurray School Athletics Association (FMSAA) when numbers warrant.
39. Saff involved with extra-curricular athletics programs are to be familiar with the contents of the document Safety Guidelines for Secondary Interschool Athletics in Alberta and follow the recommended safety practices as is reasonable in the circumstances.
40. All coaches shall emphasize safety of the athletes and not allow students to be put in competitive situations where their physical health is in danger.
    1. Coaches are to be knowledgeable about any physical problems regarding students under their direction as well as being aware of each student’s Alberta Health Care number, name of the family physician, and a home phone number.
    2. Parents have the responsibility of informing the coach of any relevant physical or medical problems.
41. Coaches must remember they are role models for all students under their charge and for this reason are to model a high degree of sportsmanship, fairness, consistency, and self-control to their own students, students and coaches on other teams, and officials.
    1. The self-esteem of each athlete must be respected.
    2. Parental communication must be evident.
42. The principal may approve a coach who is not a member of the school’s teaching staff.
    1. The principal must provide guidance and direction to this coach in regards to all rules and procedures pertaining to extra-curricular athletics.
    2. If a person, other than a member of a teaching staff, coaches a school team, the principal will assign a teacher to the coach for the purpose of coordinating and managing the team’s activities.
       1. The teacher liaison must be present at all practices, games and team events.
43. At extra-curricular athletic events, students will behave in a manner that reflects positively on their school and follows both the Division and their school’s Code of Conduct and the Alberta Schools Athletics Association (ASAA) Athlete Code of Conduct. 
44. Spectators at all competitions are expected to adhere to the ASAA Spectator Code of Conduct.