Ethics in Sport (Scotland)

Ethics

in Sport

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can have a huge impact on

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people’s lives,

bringing them together and helping them to be

happy, healthy and fulfilled.

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Contents 4

Introduction

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Corporate Governance in Sport

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Anti-Doping in Sport

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Data Protection in Sport

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Fair Play

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Celebrating Diversity and Inclusion

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Women, Girls and Sport

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Sexuality and Sport

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Ageism and Sport

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Faith, Religion and Sport

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Sports Rehabilitation

Human Rights in Sport

Child Protection in Sport

Equity

Gender Reassignment/Transsexuals and Sport

Race, Ethnicity and Sport

Disabilities and Sport

Social Inclusion and Sport

Conclusion

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Introduction Sport is important. It can have a huge impact on people’s lives, bringing them together and helping them to be happy, healthy and fulfilled. It can build communities.

Sport at the local level can help to establish a community’s values, create harmony and even improve an area’s economy. So it’s important that sport is played, officiated and governed fairly. All of us who participate in sport – whether as athletes, administrators, officials, coaches or supporters – must take personal responsibility for ensuring that sport is fun and fair for all. If we fail to do so, we will all suffer, and so will our sports. It’s therefore essential that we maintain high ethical standards.

But what does that mean? There is no simple answer to this question, but it’s clear that ethics is not just about shaking someone’s hand at the end of a game. Instead, having high ethical standards is an ongoing process of learning and improvement. One workable definition is that ethics in sport is the systematic application of moral rules, principles, values and norms. At sportscotland, we simply urge people to consider and then to apply the following values: • Fairness • Integrity • Respect • Equity

You can examine many different areas of sport to see if these four values are upheld. For example, in players’ conduct or the actions of administrators, through disciplinary processes or in team selection. High standards are usually maintained, but it’s a sad fact that this is not always the case.

To help you to tackle these problems in a coordinated and proactive way, this guide examines the most common and most important sporting ethical issues. Please take the time to read it carefully and consider what it means for you. It’s not a philosophical textbook, more of a practical introduction, but the issues it raises can be difficult and will require some serious thought. An hour considering the issues raised here could have real benefits for your organisation and even your sport as a whole.

At sportscotland, we take ethics very seriously and we actively promote ethical participation in sport through a wide range of policies and programmes. When you’ve read this guide, if you would like further advice and help on putting procedures in place at your organisation, we’ll be happy to help. Please contact: Rose Challies, Ethics Manager, sportscotland Tel: 0131 472 3317 Fax: 0131 317 7202 Email: rose.challies@sportscotland.org.uk Address: sportscotland, Caledonia House, South Gyle, Edinburgh, EH12 9DQ For links to the latest resources, research, publications, active partner organisations and other ethics information please go to www.sportscotland.org.uk.

We recognise that it will not be easy to make real and lasting change in the ethical practice of sport. Nevertheless, every organisation has a responsibility to consider the issues addressed in this guide. Thank you for taking the time to read it.

Ethics is not

just about shaking someone’s hand at the

end of a game

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Corporate Governance in Sport Corporate governance can be described as the system by which an organisation is directed and controlled, including the distribution of rights and responsibilities among those involved in the organisation. Effective corporate governance is the successful management of relationships among members of an organisation through fair, transparent and accountable systems and structures. Sport organisations have an obligation to govern responsibly and effectively.

All organisational structures, decisions and operations should be underpinned by ethical values. Like many organisational issues this is not easy to achieve and often sports organisations stop at the stage of identifying ethical values. It takes a concerted and committed effort to establish ethical values in the structures, decisions and operations of a sport organisation. However, doing so is imperative to the successful running of sport and will save considerable time, money and stress in the future, particularly when major issues arise that need urgent attention.

One of the main structures that any sport organisation needs is an up-to-date constitution that both facilitates the implementation of a relevant set of ethical values and appropriate policies, and also supports the established rules and regulations of the game. Most sport organisations will have a constitution in place but these may not be regularly reviewed and sometimes include out-of-date statutes required for the ethical running of the organisation.

In some cases these statutes are completely absent.

Another structure pivotal to the success of an ethical organisation is comprehensive disciplinary, grievance and appeals procedures. A disciplinary process must enable alleged misconduct to be investigated, managed and sanctioned where appropriate, while at the same time uphold the rights of the individual member. This means a clear set of procedures that adhere to the principles of natural justice. sportscotland provides advice and guidance on the essential requirements of a disciplinary process that upholds the rights of individuals.

Sport organisations also have a responsibility to ensure that they comply with the requirements of relevant legislation. Legislation is in place to ensure that people abide by certain standards of ethical behaviour. A variety of laws apply to sports organisations so it is vital that those running sport are aware of the legislation that is applicable to their own organisation. sportscotland provides updates on relevant legislation to governing bodies as and when they arise, and also advertises when a relevant parliamentary bill is due to be distributed for consultation.

Establishing

ethical values

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Anti-Doping in Sport

Sports Rehabilitation

Taking drugs to enhance performance is contrary to the fundamental values and principles of sport. Doping is not acceptable in any form in sport and should be condemned by all participants and promoters of sport. To take drugs or use doping methods to enhance performance or to assist someone in doping is cheating. Athletes and the individuals who support them must be aware of their responsibilities and obligations in order to compete as an athlete in Scotland, the UK and internationally.

Rehabilitation is often the forgotten part of sports participation. Athletes, referees, umpires, coaches and other participants are often considered and supported while they are participating but ignored, forgotten or dismissed as soon as they are unable to put in a performance.

It is vital that individuals involved in sport, including those who promote sport, take some responsibility for the athlete after a life-changing incident in their sport, such as premature retirement through a sports injury or illness, or after disciplinary action for misconduct.

What can look like a simple case of tendonitis to an administrator or reporter may mean the end of a career, potential income, status and life passion for the athlete.

It is the responsibility of athletes and their support personnel to be aware of and adhere to the requirements of testing, the substances and methods on the prohibited substances list, and the need for them to comply with anti-doping rules. Similarly, sport organisations have a responsibility to assist and guide athletes and their support personnel to ensure they understand their obligations. National governing bodies of sport should be encouraged to organise frequent educational sessions for all athletes to ensure they are clear about what they can take to enhance their health status without mistakenly contravening the doping regulations. In addition, the Statement of Anti-Doping Policy, the national policy for sport, sets out specific requirements for all governing bodies of sport in the UK. Compliance with the Statement of Anti-Doping Policy is a requirement of Sports Council funding in the UK.

With some thought and consideration sports organisations can greatly assist a sports participant through a difficult time. The organisation may even help the participant toward either competing again or contributing to the sport in another way. It is good practice for sport organisations to have a set procedure for assisting participants through the process of rehabilitation.

These procedures can then be supported on a case-by-case basis by organisation members, medical or other relevant professionals, and/or participant supporters such as parents, partners and children.

UK Sport manages a comprehensive programme of testing for the UK that supports and upholds the standards detailed in the World Anti-Doping Code.

This programme includes the testing of Scottish athletes on a frequent basis and is supported by drug-free sport information and guidance for athletes, support personnel and sport organisations. For Scottish sports organisations where there is a programme of testing there is a range of additional responsibilities that are detailed in the Statement of Anti-Doping Policy. UK Sport, sportscotland and the Scottish Institute of Sport can provide additional anti-doping information and advice for athletes, the individuals who support them and for sport organisations.

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Data Protection in Sport

Human Rights in Sport

All sports organisation administrators need to ensure that they protect the data they process as required by the Data Protection Act, 1998. ‘Processing’ under the Act includes obtaining, recording or holding data, or carrying out any operation or set of operations on the data including disclosure, consultation, alteration and destruction of data. Processing therefore covers a wide range of activities such as sending an email, looking at data on a screen or opening and reading a paper file.

It is important in sport, as it is in all aspects of life, that individuals respect the rights of others and in return know what rights they can expect. This can cover a whole variety of situations, such as the amount of noise made in a building, the right to privacy, the right not to be abused and the right to live. In sport, human rights issues often arise as a result of an individual feeling misjudged, excluded or not supported in some way. Examples would include an individual feeling they have not had an independent hearing of a disciplinary issue; an athlete feeling that the selection procedure they are subject to is biased; or an athlete feeling that a contract which they are bound by unfairly restricts their individual rights.

The Data Protection Act applies to all individuals.

It protects individuals from personal data being used inappropriately or recorded inaccurately and it provides many people and organisations with a framework to achieve good standards for handling information.

On request, individuals can ensure that the content of information about them is correct and the purpose for which the information will be used is clear. People and organisations who control information on computer, in paper files, on video or in other media must ensure that the information is processed fairly, is accurate and secure, and is used for a specific purpose.

Sport organisations need appropriate mechanisms to ensure that the rights of their members or participants are being upheld. A well-structured, independent disciplinary structure is indispensable to human rights issues, as it provides a mechanism by which issues can be fairly reviewed, decided upon and actioned. It is also vital for a sport organisation to have an appeals structure that allows the individual who has been through the disciplinary process to appeal the decision and/or actions under certain provisions and conditions that ensure fairness.

The Human Rights Act, 1998 was introduced as a result of the European Convention on Human Rights and is an important part of Scotland’s and the UK’s framework for public authorities. The Act covers a variety of areas including privacy, freedom of thought and expression, liberty and security, and protection of property, and it contains specific requirements for tribunals and hearing procedures (Article 6 of the Act). sportscotland has more detailed information on the implications of the Human Rights Act for sport available on request.

Sport can provide children with fun, enjoyment, excitement,

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Fair Play

Child Protection in Sport

Fair play refers to the conduct of individuals involved with any part of sporting practice, such as players on the field, spectators on the sideline, coaches in the stadium, umpires during a match or managers in the dressing room.

It encompasses all aspects of the game or event and all individuals involved. Fair play can be defined as the upholding of fairness before, during and after, and directly relating to, a game/match/event. Sport organisations must ensure that fair play is clearly explained and promoted to all individuals involved with their sport. They must also inform participants of the consequences that will occur if they do not play fair or cheat.

Sport can provide children with fun, enjoyment, excitement and a positive social environment, and can help develop a healthy lifestyle. This is only possible, however, in a nurturing and supportive environment where the welfare of the child is paramount. It takes consideration and care in the development of children’s sport to ensure that risks are minimised and that the environment promotes positive experiences. Unfortunately sport is not immune to cases of abuse, and specific action needs to be taken to minimise the risk of it occurring. In addition, procedures must be in place for managing situations where a child plucks up the courage to disclose details about abuse.

Fair play is also about consistency in practice. The standard for both behaviour and consequences must apply equally to everyone and it must not exclude or allow different interpretation for individuals because of their skills, popularity or position in the sport. Consistency, although at times challenging to achieve, is vital.

Another dimension of child protection is the protection of adults and leaders who work with children. It is important that adults are informed and educated on how best to assist and teach children in sport to ensure that they too have a positive and rewarding experience. Sport organisations need to ensure that their adult members are aware of and responsible for upholding the standards required to teach and assist children and encourage ‘best practice’ while dealing with all athletes.

Fair play can often be best promoted through a code of conduct that clearly defines specific practices that capture the ethical values of the sport. A code of conduct does not define all required practices that reflect the ethical values of a sport but a selection of practices, usually for a designated group, such as coaches, athletes or spectators.

The development of a code of conduct takes time and requires consideration of both the practices themselves and the method of managing any misconduct.

Appropriate disciplinary processes, sanctions lists and reinstatement conditions are essential to the management of misconduct.

environment

sportscotland has a comprehensive child protection programme that includes dedicated assistance to national governing bodies of sport and the publication of a range of resources and guidance documents. In particular sportscotland has produced, after extensive legal and expert consultation, a model policy and procedures available for use by national governing bodies and other sports organisations. The document provides a comprehensive breakdown of child protection issues, supported by guidance, which can be implemented as it is or used to supplement an existing policy and procedures. This is available in both hard and electronic copy from sportscotland.

and can help develop a

healthy lifestyle.

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In the arena of human life the

honours and

rewards fall to those who show their good qualities in action

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Aristotle

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Celebrating Diversity and Inclusion Everyone has a unique range of skills and knowledge that they bring to sport. An effective organisation recognises this and values its diversity. It acknowledges the benefits of different cultures, abilities and lifestyles in helping to develop the sport and achieve organisational objectives.

In terms of recruitment of employees and volunteers, an effective organisation recruits, selects, develops and promotes people according to the needs of the organisation and the capacity to undertake the work required. In terms of participation, it promotes and welcomes the range of talent and knowledge of all individuals involved in the sport and in the wider community.

Acknowledgement and respect for one another are critical to the development and success of sport in Scotland, the UK and across the world. Organisations need to avoid anecdotal comment or statements of assumption and take active steps forward to ask relevant questions and obtain significant data on whether diversity is celebrated and valued within their sporting community.

Equity Equity is fundamental to the participation in and the governance, organisation and delivery of sport. Equity in sport is the practice of fairness and the upholding of social justice to ensure that all individuals are respected, have equal opportunities and have their rights protected.

Everyone

Equity is critical to the celebration of diversity in sport.

It is no longer acceptable for individuals to negatively discriminate or put down others on the basis of a difference in religion or faith, race or ethnicity, culture, socio-economic status, gender, sexuality, age, disability or any other social or physical categorisation. Nor is it acceptable for individuals to ignore or in any way endorse the behaviour of others who discriminate in such a way.

It is important for all those involved in sport to support and promote the principles of equity, whether they are playing, refereeing, administrating, managing, governing, supporting athletes, sponsoring, spectating, reporting or engaged in any other way in sporting activities.

It is imperative that when incidents of negative discrimination occur they are dealt with swiftly and effectively. It is therefore important that sport organisations each have a clear and comprehensive disciplinary process. A process that is embedded within their constitution and linked directly to all policies, procedures and codes of the organisation, in particular their equity policy. sportscotland fully supports the practice of equity within sport through a range of programmes and resources.

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Women, Girls and Sport It has been identified both within the UK and internationally that women and girls are negatively discriminated against and are disadvantaged by a variety of barriers in sport.

A few areas of discrimination against women and girls are: unequal pay; verbal and sexual harassment and abuse; lack of promotion; bias in selection; exclusion of membership rights; put-downs through jokes, pictures, assumptions, disregard for position, and innuendo.

These types of discrimination are then often reinforced through the negative promotion of women’s and girls’ sport, in particular the portrayal of women’s and girls’ sport as an inferior version of men’s participation in sport.

Both men and women must recognise and acknowledge each other’s differences and be equally proud of them.

As identified above it is important to celebrate diversity - it is vital that the individual talent, skills and knowledge of all women and men are recognised and appreciated equally for what they can offer to sport.

The quality of women’s sport in Scotland and the UK is very high and the benefits that sport can bring to women’s and girls’ lives are immense. There are no excuses for any individual in sport to put down or devalue women’s and girls’ sport, and it is everyone’s responsibility to actively promote women’s and girls’ sport in the positive way it deserves. sportscotland has identified women and girls as a target group for positive action programmes that directly address issues of participation, performance and leadership.

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Gender Reassignment/ Transsexuals and Sport When people decide to change their gender they do not make the decision lightly. They make the decision knowing that what lies before them will change their lives forever. The process for changing gender is lengthy and expensive and takes its toll on a person emotionally and physically. To go through this process is extremely difficult and requires great strength from the person involved.

It is unacceptable for people to be negatively discriminated against because they have gone through this process and such discrimination must be challenged in the sporting environment. As with the other equity areas it is important to celebrate diversity and to acknowledge and respect all women and men for the individual skills and knowledge they can offer to sport, regardless of whether they have gone through the process of changing their gender.

Is a woman at an advantage in sport if she has had a gender change in the past?

When a man decides to change his gender to become a woman he must undergo a lengthy series of hormone treatments and various surgical procedures before the gender change is complete. It has been found that many of the physical advantages from being a male are lost during the process and in fact to such a degree that after the process the woman can be at a physical disadvantage compared to her female peers.

Why Not Men and Sport?

It is sometimes argued that men in sport are also negatively discriminated against and that they too should be identified as a group for positive action investment. sportscotland condemns any type of negative discrimination against any individual, no matter who the person is, and promotes fairness and justice at all times. However the evidence shows that the frequency of various types of discrimination against women is unacceptably high and that positive action is well overdue for them.

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Sexuality and Sport

Race, Ethnicity and Sport

Negative discrimination on the basis of sexuality is frequently not considered by sports organisations and little attention is drawn towards this type of discrimination as an ethics area in sport. However, sexuality discrimination does occur in sport and is often hidden, ignored or brushed aside and not dealt with seriously or condemned as it should be. Homophobia is unacceptable and must be challenged in the sporting environment.

In Scotland and the UK we are fortunate to have a very diverse population where it is possible to celebrate and be proud of all types of people with all sorts of ancestry and ethnicity. Scotland is fully part of a diverse and active world which, for some time now, has seen people from Scotland leave and settle in new lands and people from other lands arrive and settle in Scotland. The wealth of this variety and new experience is immense and contributes greatly to the distinctiveness and vibrancy of Scottish life, including sport. In Scottish sport we are fortunate to have Scottish participants from a whole range of backgrounds, ethnic origins and ancestry.

As with gender discrimination, discrimination on the basis of someone being gay, lesbian or bisexual can include verbal and sexual harassment and abuse, lack of promotion, bias in selection, exclusion of membership rights, put-downs through jokes, pictures, assumptions, disregard for position, and innuendo. It is critical that no one in sport is unfairly discriminated against and it is vital that all individuals respect and appreciate each other for what they can offer to sport, regardless of their sexual orientation.

Diversity

Racism can be best described as negative discrimination against an individual because of their colour, racial origin, ethnicity, ancestry, and/or place of birth, or an individual’s identification or connection with any of these. It is not acceptable in society and must not be tolerated in any shape or form in sport. It is every participant’s responsibility in sport to take action against racism and for sports organisations to create an environment where racism is unacceptable and where participants found guilty of racism are disciplined and educated accordingly.

Sports organisations can take a range of steps to educate participants to help create a positive environment that promotes and celebrates diversity. sportscotland can assist in this process and provide appropriate links and resources to help achieve racial equality in sport.

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Ageism and Sport

Disabilities and Sport

Ageism occurs when a person negatively discriminates against an individual because of his or her age. This type of discrimination can occur against young people or older people - it is not restricted to a particular age group.

Ageism can also occur in a variety of contexts, such as within selection procedures, organisation of events, running of committee meetings or during play. Ageism can cause exclusion – from competitions, social events, teams, positions of authority – and can lead to feelings of unworthiness, especially in the event of bullying.

All individuals participating in and supporting sport have a responsibility to make fair judgements and to avoid stereotyping on the basis of age. Sports organisations need to ensure that their structures, policies, procedures and programmes are fairly designed and developed and do not negatively discriminate by age.

It is not difficult to identify with the word ‘disability’.

We all possess attributes that hold us back, stop us doing an activity or restrict us from full participation at some stage in our life. However for some individuals a disability may restrict them from participation in a variety of environments for a considerable length of time, even for the rest of their lives. As a result their disability may be categorised and given specific assistance in order for them to participate in a particular environment.

It is important, however, to recognise that in some sporting situations, grouping by age can be justified because it assists the creation of a positive environment in the sport.

Sport organisations must take particular care to ensure that the justification for the discrimination is sound, is effectively communicated to all relevant persons and is reviewed on a regular basis. On review it may be found that age is not the best form of grouping for a sport and that another categorisation might be more appropriate, for example skills or physique.

In sport there is a variety of ways that assistance can be given in order for people with a disability to participate, such as modifications to buildings, competitions for people with the same disability, specialist equipment and/or training of helpers to give specific assistance.

Sport organisations are likely to have certain obligations under the Disability Discrimination Act to provide assistance to individuals with a disability, especially in relation to building design. However, sport organisations can do a lot more to assist individuals, some of which might take little effort but result in greatly increased participation and improved quality of experience for individuals in sport. sportscotland can provide useful links to partner organisations, resources and programmes of assistance for individuals with a disability in sport.

vibrancy of Scottish life,

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Faith, Religion and Sport

Social Inclusion and Sport

As a result of increasing diversity in Scotland over the years, there is now a great number of recognised religions and faith denominations. As with the other equity areas, this diversity needs to be celebrated and recognised for the valuable contributions that it offers. Whilst it is not necessary to agree with an individual’s beliefs, it is important to acknowledge them and not show prejudice.

In sport it is important to recognise that religion or faith must not provide a basis for negative discrimination.

This equity area addresses the issue of lack of wealth and its implications in everyday life. Scotland, like the other countries of the UK, has a wide socio-economic range with varying degrees of wealth from those who are very wealthy to those who are very poor. Poverty can be a cause of exclusion from support and participation in activities. Social exclusion can occur in all parts of the country, rural and urban areas and islands alike, and to individuals with a range of backgrounds and occupations.

The Prime Minister, Tony Blair, has defined social exclusion as “a shorthand label for what can happen when individuals or areas suffer from a combination of linked problems such as unemployment, poor skills, low incomes, poor housing, high crime environment, bad health and family breakdown”.

In sport individuals can confuse pride and celebration of a team or individual with their perceived representation of a faith. Also an athlete or participant may consider sport a platform to rally support for a particular belief.

Participants, including spectators and athletes, must take considerable care to ensure that they do not encourage or support negative discrimination, abuse or harassment of others because of their beliefs, religion or faith identity.

It is an important responsibility, especially for those in the public eye, to draw the line between being proud of who they are and being responsible for instigating condemnation of others who do not share the same thought or belief system.

Bigotry in any shape or form is not to be tolerated in sport and must be treated as a very serious issue by all sport organisations. It is unacceptable in sport for participants to harass, abuse, put down others, or make malicious jokes, pictures or wrongful assumptions because of an individual’s religion, faith or belief system.

We all

Social inclusion refers to the methods of enabling those toward the lower end of the socio-economic range to participate and/or receive support. In sport, it refers to enabling participation for all individuals in events, activities, competitions, social events, administration and other aspects of sport. Sport organisations can take forward a range of initiatives to encourage and enable participation by individuals who lack the resources or support that others may take for granted.

In Scotland a number of sectors have been identified as in need of assistance. These sectors have been identified either geographically or thematically as part of the Social Inclusion Partnership (SIP) initiative. As a result of local authorities’ responsibilities in relation to community planning under the Local Government in Scotland Act, 2003, SIPs will be absorbed into the Community Planning process. sportscotland recognises these developments and provides financial and other methods of support to help increase the participation of individuals from lower socio-economic groups. For more information about SIPs and community planning in relation to sport or accessing assistance available for the development of sport and social inclusion, please contact sportscotland.

possess attributes

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Conclusion We hope that you’ve found this document to be useful and thought-provoking. If you’d like advice on introducing ethical policies in your organisation, or if you would like more copies of this guide to initiate discussion, please contact Rose Challies, Ethics Manager, sportscotland.

Call 0131 472 3317, or email rose.challies@sportscotland.org.uk We’ll be delighted to help you in any way we can.

from full participation

at some stage in our life.

Published by: sportscotland Caledonia House South Gyle Edinburgh EH12 9DQ Tel: 0131 317 7200 Fax: 0131 317 7202 www.sportscotland.org.uk ETH1 1003 0.5M

Š sportscotland 2003

sportscotland is the trading name of the Scottish Sports Council.

ISBN: 1 85060 432 0 This publication is also available on disk and in large print format.

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