MCofS Equity Code of Practice 
In September 2008 the MCofS Executive approved the introduction of the Equity Code of Practice. Implementation of the Code will enable MCofS to ensure that the needs of the diverse Scottish population are given due regard from the outset of the development of all its policies, programmes and services.
If you have any questions or comments concerning the Equity Code of Practice, please contact David Gibson, Senior Officer on 01738-493947 or by email.
Our picture shows MCofS Visually Impaired Course volunteer co-ordinator Norma Davidson, with Peter Grant, being interviewed for the BBC Landward programme. Credit - Lorraine Nicholson.
What do we mean by Equity?
Is climbing an exclusive or elitist activity only for the fit? Do you have a view about how accessible your club should be to individuals from diverse ethnic backgrounds? Does your club or climbing wall welcome individuals with disabilities? Do concerns about child protection issues mean your club avoids under-18 membership? Does your club welcome female members? Every member of the MCofS will have a personal view on these issues.
Equity ultimately means fairness – ensuring access for all, equality of opportunity, recognising discrimination barriers and inequalities. This is where the Equity Standard for Sport comes in. The Equity Standard is a framework to help sports organisations take steps towards achieving equity.
A good place for mountaineers and climbers to start is the UIAA Tyrol Declaration. Adopted by mountaineering associations worldwide in 2002, declaration Article 3 states that “We owe every person we meet in the mountains or on the rocks an equal measure of respect …we ensure that no one is discriminated against”.
The MCofS Equity Code of Practice
Appendix A: Definition of Terms
Appendix B: Key Equalities and Anti-Discrimination Legislation
1.1. MCofS believes that equity is defined by the terms fairness, justice, inclusion and respect for diversity. Equity is about making sure that everyone has an equal chance to participate in and contribute to sport or their chosen recreation if they choose to do so, and that no one is discriminated against unfairly for any reason, including – but not limited to - gender, race, disability, age, religious or political belief, sexual orientation, social background, ethnic origin, language, marital or civil partnership status or pregnancy.
1.2. Sports equity is also about recognising and acknowledging that inequalities do exist in sport, taking positive and proactive steps to overcome these inequalities, and making sure that any barriers standing in the way of people who are traditionally not involved in sport are removed.
1.3. MCofS recognises that ensuring equity may require the unequal allocation or redistribution of resources and entitlements in order to overcome previous inequalities or discrimination.
1.4. MCofS is committed to promoting and achieving equity, and to ensuring that unfair discrimination is eliminated. Discrimination on grounds such as those listed in paragraph 1.1 above will not be tolerated within MCofS.
1.5. Appendix A includes a definition of the terms used in this code of practice.
2.1. MCofS has committed to equity through its Articles of Association. Article 2.7 ‘Openness of the Company’ states in respect of membership that “no applications will be refused on other than reasonable grounds and there will be no discrimination on grounds of race, occupation, sex or religious, political or other opinion. The Company will respect the rights, dignity and worth of every member”.
2.2. MCofS has further committed to equity through the Strategic Plan 2008-2012 which states in 8.5 that “MCofS will facilitate an inclusive culture in which all individuals are encouraged, regardless of gender and ethnic background, and at all ages and ability levels”.
2.3. MCofS will ensure that equity and the needs of the diverse Scottish population are given due regard from the outset of development of all its policies, programmes and services.
2.4. MCofS will address any form of discrimination that occurs within the organisation.
2.5. MCofS will comply with its statutory and legislative obligations to eliminate discrimination and increase equity in sport and recreation, and will ensure that it remains informed of new developments in terms of anti-discrimination and equalities legislation. Refer to Appendix B for details of the relevant legislation.
2.6. MCofS has published an action plan (Operating Plan 2008-09, Section 7) which details how it will achieve The Equity Standard Foundation Level by year end 2009.
2.7. MCofS will publish an action plan by January 2010 that sets out how it will achieve The Equity Standard Preliminary Level by 2011.
3.1. Accountability for Equity
MCofS will ensure that commitment and responsibility for equity is placed at the highest levels in the organisation. The Senior Officer, supported by the Board of Directors, is responsible and accountable for equity within MCofS. A director will be appointed to oversee the implementation of the code of practice.
3.2. Staff Time and Resources
MCofS will ensure that all staff and volunteers are aware of this Code of Practice, and that practical guidelines are developed and implemented to ensure that the requirements of the code of practice are implemented by the Executive, specialist committees, working groups and staff.
3.3. Employment
MCofS is committed to being an equitable employer that recognises and encourages diversity, inclusion and respect in its workforce. It is committed to having in place employment conditions and practices that ensure all staff and volunteers are treated equitably. Relevant MCofS policies relating to recruitment, harassment, bullying, whistle-blowing, grievance and disciplinary procedures are detailed in the MCofS HR handbook.
3.4. Volunteers
MCofS has implemented a Volunteering Code of Practice which defines what is expected of volunteers in terms of conduct when carrying out their role. MCofS is also committed to ensuring that it is equitable in its interaction with volunteers at all levels.
3.5. Training and Development
MCofS is committed to its staff and volunteers having a good understanding of the principles of equity, diversity and inclusion, in society and in sport. As such, MCofS is committed to ensuring that its staff and volunteers will receive ongoing training on equity and its impact on sport and recreation.
3.6. Policies and Programmes
i) MCofS is committed to ensuring that equity is considered when developing new policies, programmes, services or initiatives.
ii) MCofS corporate planning will ensure that the requirements of this Code of Practice are considered and implemented where financial and other resources permit. MCofS will review the equity impact of the Corporate Plan from 2009 onwards.
iii) MCofS will aim to promote examples of good practice in achieving and promoting equity in sport and recreation.
3.7. Partnership Working
i) MCofS will work with members of the Mountaineering Coordination Group, MLTUK and MLTS with the aim of developing a consistent approach and standards in relation to equity in sport, and to share good practice in this area.
ii) MCofS will begin to develop relationships with new partners in areas of sports equity. It is envisaged that these will include organisations which are representative of minority and other groups which may be subject to discrimination or exclusion.
3.8. Communication and Access to Information
i) MCofS will give due regard to equity when publishing documents and images, and will strive to ensure that positive images are used to reflect the demographics of Scottish society.
ii) MCofS will give due regard to equity and accessibility when publishing information on the website, in line with our Website Accessibility Initiative.
iii) MCofS will ensure that publications can be made available in alternative formats and languages on request, as far as resources will reasonably allow.
iv) MCofS will ensure that this code of practice and our commitment to equity is communicated to all staff, volunteers, members and partners in sport and recreation.
v) This code of practice will be made available on both the MCofS website, and will form part of the MCofS HR handbook and Volunteering Code of Practice.
vi) All new staff will be directed to read this code of practice as part of their induction.
Approved by the Executive
25 September 2008
APPENDIX A: Definition of Terms
Discrimination
· Direct Discrimination Where an individual or a group of people is treated less favourably than others in circumstances which are the same or not materially different. An example would be stating that only men can apply for the position of Chair in an organisation. This would constitute direct discrimination on the grounds of gender.
· Indirect Discrimination Imposing requirements or conditions which appear to apply equally to all, but which in practice can be met only by certain sections of the population. Such requirements of conditions are lawful only if they can be genuinely justified in relation to the situation in question (i.e. if there is a Genuine Occupational Requirement for an individual to be from a particular group in society). An example of indirect discrimination would be imposing a requirement upon all team players to wear a particular type of clothing as part of their uniform, which may indirectly preclude some people from being able to take part, on the grounds of their religious belief.
Diversity
· Encouraging diversity means respecting and embracing individual and community differences in society.
Equal Opportunities
· The prevention, elimination or regulation of discrimination between people because of their sex or marital status, race, disability, age, sexual orientation, language or social origin, or because of other personal attributes including beliefs or opinions such as religious beliefs or political opinions. (Scotland Act 1998) In practice, equal opportunities involve an organisation fulfilling its obligations in terms of equality as required by law.
Equality
· Equality is the state of being equal. In some cases, the pursuit of equality may require unequal effort to ensure that equality is indeed achieved – hence the requirement for equity.
Equity
· In its simplest sense, equity means fairness. It is the process of allocating or reallocating resources and entitlements fairly and without discrimination, and taking steps to redress any existing inequalities or unfairness in how resources or entitlements are currently distributed. Equity in sport means applying the principles of fairness to ensure that the diverse needs of individuals in Scottish society are respected, so that all individuals have equal opportunities to participate in sport and physical recreation and have their rights protected
Ethics
· The systematic application of a set of moral rules, principles, values and norms.
Harassment
· A course of action, or form of behaviour that causes repeated or persistent offence to a person or group.
Positive action
· Positive action means taking into account that a particular group has experienced disadvantage and so targeted action is needed to support / enable the disadvantaged group and to redress an existing inequality. This may require additional effort, time or resources to be targeted at a particular group in order to achieve a level playing field. This is NOT positive discrimination, which is not legal in the UK. Positive action can only be carried out within the bounds of the appropriate legislation. It is recommended that legal advice is obtained before choosing to adopt positive action measures. An example of positive action would be advertising a post in media particularly aimed at women if there is clear evidence that women are under-represented in a particular role or level in that organisation.
Positive Discrimination
· Positive discrimination is not lawful in the UK. An example of positive discrimination would be appointing a person purely on the grounds of his or her race or gender, rather than on that person’s ability to do the job in question (unless a Genuine Occupational Requirement applies to the post).
Victimisation
· Victimisation is defined as when someone is treated oppressively in revenge, and as such is subjected to suffering or ill treatment. If a person is subjected to ill treatment as a result of raising a grievance following discrimination, this would be victimisation.
APPENDIX B - Key Equalities and Anti-Discrimination Legislation
In implementing this equity code of practice, MCofS will continue to comply with its legislative obligations, and will give due regard to implications arising from the following Acts of Parliament and Regulations:
• The Equal Pay Act 1970
• The Sex Discrimination Act 1975 (as amended in 1986 and 1999)
• The Race Relations Act 1976 (as amended in 2000)
• The Disability Discrimination Act (as amended in 2005)
• The Human Rights Act 1998
• The Scotland Act 1998
• The Employment Equality (Religion of Belief) Regulations 2003
• The Employment Equality (Sexual Orientation) Regulations 2003
• The Gender Recognition Act 2004
• The Civil Partnership Act 2004
• The Disability Discrimination Act 2005
• The Equality Act 2006
MCofS will also comply with any relevant new equalities and anti-discrimination legislation that comes into force before this code of practice is reviewed.
Created 26 June 2008
Updated 14 October 2008