Safe Sport Code of Conduct & Ethics

The Faculty of Kinesiology and Physical Education (FKPE) at the University of Toronto acknowledges the recent development of the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (“UCCMS”) and the document developed by the Coaches Association of Canada (CAC) outlining the key elements of the UCCMS. Those responsible for the research and development of both documents are experts in the field of Safe Sport. The Safe Sport Policy, developed by FKPE Sport and Rec, relies heavily on the UCCMS and the CAC Code of Conduct and Ethics. While there are some differences in the processes within the post-secondary environment, the principles upon which the UCCMS and the CAC Code of Conduct and Ethics were based provide the same framework for the KPE Sport and Rec Safe Sport Policy

Purpose

• To promote, establish, and maintain a safe environment that is free from all forms of Maltreatment and that treats every individual with dignity and respect.
• To provide procedures for investigating and resolving complaints of Maltreatment, as well as remedying situations when instances of Maltreatment occur.

Statement
The Faculty of Kinesiology and Physical Education (FKPE) will not tolerate, ignore or condone any form of Maltreatment perpetrated by a Participant against another Participant, within the scope of application of this Code. It is a violation of this Code for a Participant to engage in Maltreatment (however described). 
 
FKPE considers all forms of Maltreatment a very serious offense that may result in sanctions up to and including the Participant being removed from an event, suspended, banned from future events, or in the case of Coaches, having their official designation revoked. In appropriate cases, FKPE will contact law enforcement officials or take legal action where necessary.
 
Every individual covered by this Code has a responsibility to help promote a safe environment. This means not engaging in, allowing, condoning or ignoring behaviour that violates this Code.

Scope of Application
This Code applies to conduct that occurs within the FKPE sport, recreation and physical activity environment, i.e. during the course of any FKPE related business, activities, events, games, practices, training, seminars, whether in person or virtual. 
 
This Code applies to all Participants, as defined. To be clear, this Code of Conduct also applies to suppliers and members of the public whose behaviour is directed at a Participant, and occurs within the FKPE environment as defined.
 
The physical location(s) where the alleged Maltreatment occurred is not determinative, provided that the Maltreatment occurs within the FKPE environment, as defined above, or because the Participants involved interacted due to their mutual participation in the FKPE environment.

A Participant who violates this Code may be subject to sanctions pursuant to the Reporting Procedures described in this document.
 
Responsibilities
 
Participants have a responsibility to:

• act respectfully towards other individuals while in the FKPE environment.
• be familiar with the UCCMS, this Code of Conduct and Ethics, and any code of conduct sanctioned by FKPE.
• report to the Safe Sport Officer any concerns, incidents and/or knowledge of Maltreatment, including threats of Maltreatment.
• follow the measures and procedures set out in this Code of Conduct and Ethics.
• report possible Maltreatment of a Minor to law enforcement or to child protection agencies, as may be required by relevant provincial legislation.
• cooperate fully with any investigation and discipline process under this Code of Conduct and Ethics.
• review the definitions described at the end of this document.

Reporting Procedure
 
The following outlines the procedures that will generally apply when a complaint relating to Maltreatment is made.
 
Reporting a Complaint

• Any individual who believes they have been subject to Maltreatment, or who witnesses any Maltreatment, must promptly report the incident or complaint to the Safe Sport Officer at the following email address: sportandrec.concernsorcomplaints.kpe@utoronto.ca
• In the event of a violent, emergency or life-threatening situation, 9-1-1 should also be called immediately.
• FKPE may intervene or initiate a complaint under this Code against a Participant wherever it is of the view that a circumstance has arisen which is sufficiently serious and significant as to be of general importance to FKPE and/or of general importance to the overall ability of FKPE to discharge its objectives. In such cases, FKPE will identify an individual to represent and act on behalf of the faculty.
• Complaints must be in writing, dated and signed by the Complainant. Complaints should contain as much information as possible about the conduct which is the subject of the complaint. The Complainant will need to provide details of the dates, times, and locations of the incident(s), names of any witnesses to the incident(s), and a detailed description of the offensive behaviour or misconduct.
• If the Complainant wishes to remain anonymous, it may not be possible for FKPE to conduct an appropriate investigation and/or adequately address the situation. If the Complainant who wishes to remain anonymous wishes to report Maltreatment, they are advised to contact the Safe Sport Officer who will support them in the resolution of a genuine complaint or incident of Maltreatment.
• The Complainant has the right to make the report and to obtain a fair and timely investigation of the report without fear of retaliation.
• Upon review of the complaint, the Safe Sport Officer, must determine whether the complaint is frivolous and/or within the scope of this Code. If the Safe Sport Officer determines that the complaint is frivolous, or outside the scope of this Code, the complaint will be dismissed immediately. A complaint is frivolous where it is readily apparent that the report has little merit or is of a trivial nature, or where to investigate it would be out of all proportion to the seriousness of the issues complained about.
• The Safe Sport Officer may determine that the alleged incident must be reported to an applicable government entity, local police service, or child protection agency, in accordance with the relevant provincial legislation. In such cases, the Safe Sport Officer will inform the Complainant and FKPE.
• The Safe Sport Officer may determine that the alleged incident should be reported to an applicable FKPE. An example of this may be an administrative concern outside the scope of this Code.  In such cases, the Safe Sport Officer will inform the Complainant and FKPE.
• If the Safe Sport Officer accepts the complaint, they will initiate an investigation using an organization outside of the University with expertise in Safe Sport Investigations.
• The investigation will be conducted as quickly as possible, given the circumstances of each case and will be completed as soon as practicable, but normally within 90 days, unless there are extenuating circumstances warranting a longer investigation. Should it not be practicable to complete the investigation within 90 days, Safe Sport Officer will keep both the Complainant and the Respondent informed of the current status and progress.
• The Investigator will separately interview the Complainant and the Respondent as soon as reasonably possible. Parties may be requested to sign their statements. The Investigator must give the Respondent an opportunity to explain their perception of events and to respond to the Complainant’s account of events. The Investigator will review the interviews and document any inconsistencies or other questions they may have. The Investigator may conduct further interviews of the parties if needed to clarify any information.
• Throughout the investigative process, the parties have the right to be:
  • a) informed in a timely way once a report or complaint has been made.
  •  b) provided with a written summary of the allegation(s).
  •  c) afforded the opportunity to respond to the report or complaint.
  • d) represented or accompanied by another (uninvolved) individual of their choice, including legal counsel.
• During the investigation, the Complainant, Respondent and any witnesses will be advised that they are not to discuss the complaint, incident, investigation or their testimony with other individuals except as strictly required for the purposes of any investigation or resolution, to obtain legal or other advice about their rights, or as otherwise compelled by law.
• All individuals involved in the investigation are required to cooperate fully in the investigation and resolution of any concerns, incidents and complaints.
• All individuals involved in the investigation must refrain from any form of reprisal against anyone involved in the investigation. Reprisal includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging or participating in the process. Any individual who has been subject to unlawful reprisal must promptly report the concern to the Investigator and the Safe Sport Officer.
• Once the investigation is completed, the Investigator will determine whether the acts complained of constitute Maltreatment. The Investigator will produce a written report summarizing the investigation and forward the same to the Safe Sport Officer.
• The Investigator may make recommendations for any sanctions or corrective actions to be taken.
• Upon receipt and review of the investigation report, the Safe Sport Officer will determine next steps.
• Where a concern, incident, or complaint is substantiated, the Executive Director – Athletics and Physical Activity will impose appropriate sanctions against the offender. In appropriate situations, FKPE may contact law enforcement officials or initiate legal action.
• Where a concern, incident or complaint is not substantiated, there will be no repercussions against the Complainant as long as the report was made in good faith.
• The Complainant and the Respondent shall be informed in writing of the results of the investigation and of any sanctions that will be imposed as a result of the investigation.

Request for Reconsideration

• Both the Complainant and the Respondent have the right to submit a request for reconsideration to FKPE, however a reconsideration can only be requested where the alleged misconduct is considered to be a major misconduct.  All other decisions shall be final and not subject to reconsideration/appea;. In all such cases, either party disagreeing with the decision may contact the Dean of the Faculty of Kinesiology and Physical Education to request reconsideration/appeal.
• Upon receipt of a request for reconsideration from either party, or both parties, the Safe Sport Officer will set aside the decision taken following the investigation until the Dean has rendered a decision.
• The Dean’s decision is final and may not be reconsidered/appealed.

Sanctions
 
If Maltreatment is proven, one or more of the following disciplinary sanctions may be imposed:
a) verbal or written warning, i.e. a verbal reprimand or an official, written notice and formal admonition that the Participant has violated the Code and that more severe sanctions will result should the Participant be involved in other violations.
b) verbal or written apology
c) additional training or education, i.e. requirement that the Participant undertake specified educational or similar remedial measures to address the Maltreatment.
e) removal of certain privileges
f) suspension, either for a set time or until further notice, or a permanent ban, from participation in any capacity, in any program, activity, or event sponsored by, organized by, or under the auspices of the FKPE. A Participant may be eligible to return to sport, but reinstatement may be subject to certain restrictions or contingent upon the Participant satisfying specific conditions noted at the time of suspension or permanent ban.
 
Other sanctions for Maltreatment may be imposed, including, but not limited to, other loss of privileges, no contact directives, a fine or a monetary payment to compensate for direct losses, or other restrictions or conditions as deemed necessary or appropriate.
 
Considerations
Any sanction imposed against a Participant must be proportionate and reasonable, relative to the Maltreatment that has occurred, and considering previous disciplinary actions. However, progressive discipline is not required as a single occurrence of Maltreatment can lead to a very significant sanction.
 
Factors relevant to determining appropriate sanctions for a Respondent include, without limitation:
a) The nature and duration of the Respondent’s relationship with the Complainant, including whether there is a Power Imbalance.
b) The Respondent’s prior history and any pattern of inappropriate behaviour or Maltreatment.
c) The ages of the individuals involved.
d) Whether the Respondent poses an ongoing and/or potential threat to the safety of others.
e) The Respondent’s voluntary admission of the offense(s), acceptance of responsibility for the Maltreatment, and/or cooperation in the investigation.
f) Real or perceived impact of the incident on the Complainant, sport organization, or the sporting community as a whole.
g) Circumstances specific to the Respondent being sanctioned (e.g. lack of appropriate knowledge or training; addiction; disability; illness.
h) Whether, given the facts and circumstances that have been established, continued participation in the sport community is appropriate.
i) Other mitigating and aggravating circumstances.
 
Any single factor, if severe enough, may be sufficient to justify the sanction(s) imposed. A combination of several factors may justify elevated or combined sanctions.
 
Presumptive Sanctions
The following sanctions are presumed to be fair and appropriate for the listed Maltreatment, but the Respondent affected may rebut these presumptions:
a) Sexual Maltreatment involving a Minor Complainant shall carry a presumptive sanction of permanent suspension.
b) Sexual Maltreatment, Physical Maltreatment with contact and Maltreatment related to Process shall carry a presumptive sanction of either a period of suspension or eligibility restrictions.
c) While a Respondent has pending charges or dispositions in violation of the criminal law, the presumptive sanction shall be a period of suspension.
 
Record Keeping
Records of all investigations and decisions will be maintained by FKPE. All records will be kept confidential to the extent possible and except as required by law. The records will not be disclosed unless necessary to investigate a complaint, take corrective action or otherwise as required by law.
 
Criminal Convictions
A Participant’s conviction for a Criminal Code offense, as determined by FKPE, will be deemed an infraction under these Procedures and will result in a permanent suspension.
 
Criminal Code offences may include, but are not limited to:
a) Any child pornography offences
b) Any sexual offences
c) Any offence of physical violence
d) Any offence of assault
e) Any offence involving trafficking of illegal drugs
 
In appropriate situations, the Safe Sport Officer may, upon receiving a complaint, contact law enforcement officials.
 
Records and Distribution of Decisions
Other individuals or organizations, including but not limited to, national sport organizations, provincial sport organizations, sport clubs, etc. may be advised of any decisions rendered in accordance with these Procedures.
 

Definitions
 
Participant: Every individual who is subject to the Kinesiology and Physical Education Safe Sport Policy (KPESSP) as informed by the UCCMS and CAC. Participants may become subject to the KPESSP by various means. Student-athletes through participation in KPE programs/services, students through the payment of ancillary fees, and coaches, volunteers, doctors, trainers, administrators, directors, etc. by signing an express contract accepting the jurisdiction of the KPESSP.
 
Complainant: A Participant or observer who makes a report of an incident of Maltreatment or suspicions of an incident of Maltreatment.
 
Safe Sport Officer: An independent individual (or individuals) appointed by KPE to receive and administer complaints.
 
Duty to Report under Child Protection Legislation: A legal duty to report that is mandated by law, depending on provincial legislation. Everyone has a duty to report 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. 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.
 
Reporting (or Report): The provision of information in writing by any person or a Participant to a relevant independent authority (the independent person or position charged with receiving a report 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) a witness – 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 KPESSP.
 
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 or conduct. 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 consent is a result of a someone abusing a position of trust, power or authority or someone consents on someone else’s behalf. A person cannot say they mistakenly believed a person was consenting if: that belief is based on their own intoxication; they were reckless about whether the person was consenting; they chose to ignore things that would tell them there was a lack of consent; or they didn’t take proper steps to check if there was consent.2 For further information, please see the comment below. Sexual activity with a minor is a criminal offence as is sexual activity with a person under the age of 18 years when the other person is in a position of trust or authority.
 
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.
 
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. The definition of a child in the Province of Ontario is under 18 years old and children with disabilities are eligible for protective services until age 19.
 
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 participant and others involved in sport in positions such as high-performance directors, athletic 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).

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 an athletic 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 a sense 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; athletic director and Athlete, sport science and medical support staff and Athlete; billet or host family and Athlete; 
 
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.
 
Maltreatment: A volitional act that results in harm or the potential for physical or psychological harm and includes any of the following behaviours or conduct:
 
Psychological Maltreatment: Any pattern or single serious incident of deliberate conduct that has the potential to be harmful to the psychological well-being of an individual. Psychological Maltreatment is determined by the objective behaviour, and not whether harm is intended or results from the behaviour. It includes, without limitation:
 
a. Verbal Acts: Verbally assaulting or attacking an individual, including but not limited to unwarranted personal criticisms; body shaming; derogatory comments related to an individual’s identity (e.g., race, gender identity or expression, ethnicity, Indigenous status, or ability/disability); comments that are demeaning, humiliating, belittling, intimidating, insulting or threatening; the use of rumours or false statements about an individual to diminish their reputation; using confidential information inappropriately. Verbal Maltreatment may also occur in online forms.

b. Non-assaultive Physical Acts (no physical contact): Physically aggressive behaviours, including but not limited to throwing objects at or in the presence of others without striking another; hitting, striking or punching objects in the presence of others.

c. Acts that Deny Attention or Support: Acts of commission that deny attention, lack of support or isolation including but not limited to ignoring psychological needs or socially isolating an individual repeatedly or for an extended period of time; arbitrarily or unreasonably denying feedback, support or attention for extended periods of time and/or asking others to do the same.
 
Physical Maltreatment: Any pattern or single serious incident of deliberate conduct that has the potential to be harmful to the physical well-being of an individual. Physical Maltreatment is determined by the objective behaviour, and not whether harm is intended or results from the behaviour. It includes, without limitation:
 
a. Contact behaviours: Deliberately punching, kicking, beating, biting, striking, strangling or slapping another, deliberately hitting another with objects.
 
b. Non-contact behaviours: Isolating an individual in a confined space; forcing an individual to assume a painful stance or position for no purpose, withholding, recommending against, or denying adequate hydration, nutrition, medical attention or sleep; denying access to a toilet; providing alcohol to an individual under the legal drinking age; providing illegal drugs or non-prescribed medications to an individual.
 
Sexual Maltreatment: Any act targeting an individual’s sexuality, gender identity or expression, that is committed, threatened or attempted against that person, and includes but is not limited to the offences of sexual assault, sexual exploitation, sexual interference, invitation to sexual touching, indecent exposure, voyeurism and non-consensual distribution of sexual/intimate images under the Criminal Code of Canada. 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). Examples of Sexual Maltreatment include, but are not limited to:
 
a. Any penetration of any part of a person’s body, however slight, with any object or body part by a person upon another person, including but not limited to:
 
1. vaginal penetration by a penis, object, tongue, or finger; and
2. anal penetration by a penis, object, tongue, or finger.
 
Any intentional touching of a sexual nature of any part of a person’s body, however slight, with any object or body part by a person upon another person, including but not limited to:
1. kissing; 2. intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching of another with any of these body parts; 3. any contact, no matter how slight, between the mouth of one person and the genitalia of another person; 4. making a person touch themselves or someone else with or on any of the body parts listed in 2); 5. any intentional touching in a sexualized manner regardless of the relationship, context or situation.
 
Neglect: Any pattern or a single serious incident of lack of reasonable care, inattention to an individual’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 individual’s needs and requirements, not whether harm is intended or results from the behaviour.
 
Neglect, or acts of omission, include without limitation, not being aware of and not considering an individual’s physical or intellectual disability, or subjecting individuals to the risk of Maltreatment.
 
Grooming: Often a slow, gradual and escalating process of building trust and comfort with a young person which includes, without limitation, deliberate conduct by a Coach or Participant to sexualize a relationship with a Minor, and which includes making inappropriate behaviour seem normal and gradually engaging in “boundary violations” which have been professionally identified to Canadian standards (e.g., a degrading remark, a sexual joke, sexualized physical contact; Adults sharing rooms with a Minor who is not an immediate family member; private social media and text communications; sharing personal photographs; private meetings; private travel, and providing gifts).
 
Maltreatment Related to Process: The behaviours identified below also constitute Maltreatment. 

a.    Interference With or Manipulation of Process: A Participant violates the Code by directly or indirectly interfering with a process instituted pursuant to this Code:

1. Falsifying, distorting, or misrepresenting information, the resolution process, or an outcome;       
2. Destroying or concealing information;
3. Attempting to discourage an individual’s proper participation in or use of the Code’s processes;
4. Harassing or intimidating (verbally or physically) any person involved in the Code’s processes before, during, and/or following any proceedings;
5. Publicly disclosing an individual’s identifying information, without that person’s agreement;
6. Failing to comply with any temporary or provisional measure or other final sanction;
7. Distributing or otherwise publicizing materials a Coach gains access to during any investigation or hearing, except as required by law or as expressly permitted; or
8. Influencing or attempting to influence an individual to interfere with or manipulate the process

 
b.    Retaliation: Retaliation is prohibited. A Participant shall not take an adverse action against any individual for making a good faith report of possible Maltreatment or for participating in any process under the Code. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging or participating in the Code’s processes. Retaliation after the conclusion of investigation and sanction processes is also prohibited. Retaliation may be present even where there is a finding that no Maltreatment occurred. Retaliation does not include good-faith actions lawfully pursued in response to a report of possible Maltreatment.

c.    Aiding and Abetting: Any act taken with the purpose of facilitating, promoting, or encouraging the commission of Maltreatment. Aiding and Abetting also includes, without limitation, knowingly:

• allowing any Participant who has been suspended or is otherwise ineligible to be in any way associated with sport or to coach or instruct sport participants;
•  allowing any Participant to violate the terms of their suspension or any other sanctions imposed.

Maltreatment Related to Reporting:
a. Failure to Report Maltreatment of a Minor: The failure to report is in and of itself a violation of the Code. An adult Participant who fails to report actual or suspected Psychological Maltreatment, Sexual Maltreatment, Physical Maltreatment or Neglect involving a Minor Participant pursuant to the Code’s processes and to law enforcement or child protection services (when applicable) shall be subject to disciplinary action under the Code.
 
This obligation is ongoing and is not satisfied by making an initial report; instead, this obligation includes reporting, on a timely basis, all relevant information that the adult is or becomes aware of, and requires making a direct report. Any report shall include personally identifying information of the potential Minor Complainant (to the extent known), as well as a duty to reasonably supplement the report as to identifying information learned at a later time.
 
b. Failure to Report Inappropriate Conduct: Not all inappropriate conduct meets the threshold for constituting Maltreatment. However, such inappropriate conduct may represent behaviour that runs the risk of escalating to Maltreatment. Any Participant who suspects or becomes aware of another Participant’s inappropriate conduct, even if it is not defined as Maltreatment, has a duty to report such inappropriate conduct through the internal procedures identified in this Code.
Participants in positions of trust and authority who become aware of another Participant’s inappropriate conduct have a responsibility for reporting the concern within the procedures herein. The person making the report does not need to determine whether a violation of the Code took place. Instead, the responsibility lies in reporting the objective behaviour.
 
c. Intentionally Filing a False Allegation: Filing a knowingly false allegation or influencing others to file a knowingly false allegation that a Participant engaged in Maltreatment shall be subject to disciplinary action pursuant to the Code. An allegation is false if the events or conduct reported did not occur and the person making the report knows that the events or conduct
did not occur.

A false allegation is different from an unsubstantiated allegation; an unsubstantiated allegation means there is insufficient supporting evidence to determine whether an allegation is true or false. Absent demonstrable bad faith, an unsubstantiated allegation alone is not grounds for a violation. Any person found to have made mischievous, intentionally false or malicious complaints will render themselves liable to appropriate disciplinary action.