Arc Stages Policies

ANTI-CHILD SEXUAL ABUSE POLICY

Introduction

Arc Stages, Inc. strives to create a safe environment for young people and volunteers so that they can grow, learn, and have fun. Part of creating a safe environment is making sure that young people are not harmed in any way while participating in organization-sponsored activities. One risk that has to be considered by any organization working directly with young people is child sexual abuse. It is vital that organizations create a culture where child sexual abuse is discussed among the staff, prevented, and—if it occurs–addressed.

Definitions–

-Children and youth. Anyone between the ages of zero and 17 years. In this document, these terms are used interchangeably.

-Child sexual abuse. Child sexual abuse involves any sexual activity with a child where consent is not or cannot be given. This includes sexual contact that is accomplished by force or threat of force, regardless of the age of the participants, and all sexual contact between an adult and a child, regardless of whether there is force or deception or whether the child understands the sexual nature of the activity. Sexual contact between an older and a younger child also can be abusive if there is a significant disparity in age, development, or size, rendering the younger child incapable of giving informed consent. (Non-abusive contact between children, while not covered by this policy, is described as “detrimental” elsewhere in Arc Stages’ policies.) The sexually abusive acts may include sexual penetration, sexual touching, or non-contact sexual acts such as exposure, voyeurism, display of pornographic photography or videography including children’s exposed genitalia, or solicitation of such photography or videography.

Screening – All staff shall undergo a criminal background check and a professional reference check.

Interactions Between Minors and Adults – This policy covers interactions on the premises of Arc Stages or during any Arc Stages-sponsored activity outside its premises. It applies to Arc Stages emp0loyees, volunteers and staff, but not to instructors retained to teach individual classes on an irregular basis (“Masterclass Teachers”). Appropriate, positive interactions among youth and between employees/volunteers and youth are essential in supporting positive youth development, making youth feel valued, and providing the caring connections that serve as protective factors for youth. Conversely, inappropriate or harmful interactions put youth at risk for adverse physical and emotional outcomes and create major adverse consequences for the adults involved. With this in mind, Arc Stages follows these guidelines:

-Whenever possible, no employee, staff member, volunteer or intern shall be alone with a single youth. If it is not possible for more than one adult to be present with a single youth for the entirety of a session, then (1) if another adult is present in the building, then that adult should look in on the session at least once an hour; and (2) if no other adult is present in the building, then an adult may, if possible, call the youth during the session to “check in”. While one-on-one interactions between adults and youth may be an important and positive feature of a theatrical educational experience, such interactions should not need to be conducted in a totally private fashion. While Masterclass Teachers are not covered by this policy, at least one Arc Stages employee or staff member should arrange to be present at any class taught by such a Teacher that includes children.

      -Inexperienced interns and volunteers will be supervised and monitored by staff when interacting with youths.

     -All employees, staff members, volunteers and interns shall receive and review this policy and sign a statement confirming that they have read it and will comply with it. Appropriate training will be part of any orientation for new personnel.

     -Any child who believes that inappropriate behavior has occurred, or any person who witnesses or suspects inappropriate behavior, may immediately report it to the Arc Stages Artistic Director, the Director of Education, the Artistic Director of the Educational Stage, the President or any member of the Executive Board, in person, by letter, by email to [email protected] or [email protected], or by phone to 917-856-1912 or 914-912-5300, and an investigation shall thereupon be conducted. If appropriate, the subject of the complaint may be suspended for the duration of the investigation.

ANTI-DISCRIMINATION POLICY

 

Objective

ARC Stages (the “Organization”) strives to create and maintain an educational and work environment in which people are treated with dignity, decency and respect. The environment of the Organization should be characterized by mutual trust and the absence of intimidation, oppression and exploitation. Students and employees should be able to work and learn in a safe, yet stimulating atmosphere. The accomplishment of this goal is essential to the mission of the Organization. For that reason, the Organization will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, the Organization will seek to prevent, correct and discipline behavior that violates this policy.

All employees, visiting artists, interns and volunteers (“Employees”), regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any Employee who violates this policy. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension or termination of employment.

Prohibited Conduct Under This Policy

The Organization, in compliance with all applicable federal, state and local anti-discrimination and harassment laws and regulations, enforces this policy in accordance with the following definitions and guidelines:

Discrimination

It is a violation of the Organization’s policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, the person’s race, color, national origin, age, religion, disability status, gender, sexual orientation, gender identity, genetic information or marital status.

Discrimination of this kind may also be strictly prohibited by a variety of federal, state and local laws, including Title VII of the Civil Rights Act 1964 (as amended), the Age Discrimination Act of 1975 (as amended), and the Americans with Disabilities Act of 1990 (as amended). This policy is intended to comply with the provisions stated in these anti-discrimination laws.

Discrimination in violation of this policy will be subject to disciplinary measures up to and including termination.

Harassment

The Organization prohibits harassment of any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce a student, employee, co-worker or any person working for or on behalf of the Organization. Verbal taunting (including racial and ethnic slurs) that, in the Employee’s opinion, impairs his or her ability to perform his or her job may be included in the definition of harassment.

The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

  • Verbal harassment includes comments that are offensive or unwelcome regarding a person’s nationality, origin, race, color, religion, gender, sexual orientation, age, body, disability or appearance, including epithets, slurs and negative stereotyping.
  • Nonverbal harassment includes distribution, display or discussion (other than for appropriate educational purposes) of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital or other protected status.

Sexual harassment

Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964 (as amended) and is prohibited under the Organization’s anti-harassment policy. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature . . . when . . . submission to or rejection of such conduct is used as the basis for employment decisions . . . or such conduct has the purpose or effect of . . . creating an intimidating, hostile or offensive working environment."

There are two types of sexual harassment:

  • “Quid pro quo” harassment, where submission to harassment is used as the basis for employment decisions. In such cases, employee benefits such as raises, promotions and better working hours are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Examples: A supervisor promising an employee a raise if s/he goes on a date with him; a manager telling an employee he/she will fire him if he does not have sex with him/her.
  • “Hostile work environment,” where the harassment creates an offensive and unpleasant working environment. A hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees or customers. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials or even unwelcome physical contact as a regular part of the work environment. Texts, e-mails, cartoons or posters of a sexual nature; vulgar or lewd comments or jokes; or unwanted touching or fondling all may fall into this category.

Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other forms of verbal or physical conduct of a sexual nature:

  • are made explicitly or implicitly a term or condition of employment.
  • are used as a basis for an employment decision; or
  • unreasonably interfere with an employee’s work performance or create an intimidating, hostile or otherwise offensive environment.

Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

  • Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
  • Nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material (other than for appropriate educational purposes), including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, photos, text messages, tweets and Internet postings; or other form of communication that are sexual in nature and offensive.
  • Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing and fondling and forced sexual intercourse or assault.

Courteous, mutually respectful, pleasant, noncoercive interactions between Employees that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.

Retaliation

No hardship, loss, benefit or penalty may be imposed on an Employee in response to:

  • Filing or responding to a bona fide complaint of discrimination or harassment.
  • Appearing as a witness in the investigation of a complaint.
  • Serving as an investigator of a complaint.

Retaliation or attempted retaliation in response to lodging a complaint or invoking the complaint process is a violation of this policy. Any person who is found to have violated this aspect of the policy will be subject to sanctions up to and including termination of employment.

Complaint Process

The Organization will treat courteously any person who invokes this complaint procedure, and the Organization will handle all complaints swiftly and confidentially to the extent possible in light of the need to take appropriate corrective action. Lodging a complaint will in no way be used against an Employee or have an adverse impact on the individual’s employment status. Because of the damaging nature of harassment to the victims and to the entire workforce, aggrieved Employees are strongly urged to make appropriate use of this procedure. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.

Confidentiality

During the complaint process, the confidentiality of the information received, the privacy of the individuals involved and the wishes of the complaining person will be protected to as great a degree as is possible. The expressed wishes of the complaining person for confidentiality will be considered in the context of the Organization’s legal obligation to act on the charge and the right of the charged party to obtain information. In most cases, however, confidentiality will be strictly maintained by the Organization and those involved in the investigation. In addition, any notes or documents written by or received by the person(s) conducting the investigation will be kept confidential to the extent possible and according to any existing state or federal law.

 

Complaint procedure

The Organization has established the following procedure for lodging a complaint of harassment, discrimination or retaliation. The Organization will treat all aspects of the procedure confidentially to the extent reasonably possible.

  1. An individual who feels harassed, discriminated or retaliated against may initiate the complaint process by filing a complaint in writing with the President or any member of the Executive Board, by a writing addressed to the President or member of the Executive Board at Arc Stages, or by email to [email protected] or [email protected], or by telephone to 917-856-1912 or 914-912-5300.       No formal action will be taken against any person under this policy unless the Board has received a written description of the complained-of conduct containing sufficient details to determine whether the policy may have been violated. If an Employee becomes aware that harassment or discrimination is occurring, either from personal observation or as a result of an Employee’s coming forward, such Employee should immediately report it to that Employee’s supervisor or the President.
  1. Upon receiving a complaint or being advised by an Employee that violation of this policy may be occurring, the President or member of the Executive Board will notify the Board of Directors and review the complaint with the Organization’s outside legal counsel.
  2. Within five working days of receiving the complaint, the President or member of the Executive Board will notify the person(s) charged [hereafter referred to as “respondent(s)”] of a complaint and initiate the investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred.
  3. During the investigation, the President or member of the Executive Board, together with legal counsel or other management employees, will interview the complainant, the respondent and any witnesses to determine whether the alleged conduct occurred.
  4. Within 15 business days of the complaint being filed (or the matter being referred to the President or member of the Executive Board), the President or member of the Executive Board or other person conducting the investigation will conclude the investigation and submit a written report of his or her findings to the Organization.
  5. If it is determined that harassment or discrimination in violation of this policy has occurred, the President or member of the Executive Board will recommend appropriate disciplinary action. The appropriate action will depend on the following factors: a) the severity, frequency and pervasiveness of the conduct; b) prior complaints made by the complainant; c) prior complaints made against the respondent; and d) the quality of the evidence (e.g., first-hand knowledge, credible corroboration).
  6. If the investigation is inconclusive or if it is determined that there has been no violation of policy but potentially problematic conduct may have occurred, the President or member of the Executive Board may recommend appropriate preventive action.
  7. Within five days after the investigation is concluded, the President or member of the Executive Board will meet with the complainant and the respondent separately, notify them of the findings of the investigation, and inform them of the action being recommended.
  8. The complainant and the respondent may submit statements to the President or member of the Executive Board challenging the factual basis of the findings. Any such statement must be submitted no later than five working days after the meeting with the President or member of the Executive Board in which the findings of the investigation are discussed.
  9. Within 10 days from the date the President or member of the Executive Board meets with the complainant and respondent, the Organization will review the investigative report and any statements submitted by the complainant or respondent, discuss results of the investigation with the President or member of the Executive Board and other management staff as may be appropriate, and decide what action, if any, will be taken. The President or member of the Executive Board will report the Organization’s decision to the complainant, the respondent and the appropriate management assigned to the department(s) in which the complainant and the respondent work. The Organization’s decision will be in writing and will include findings of fact and a statement for or against disciplinary action. If disciplinary action is to be taken, the respondent will be informed of the nature of the discipline and how it will be executed.

Alternative legal remedies

Nothing in this policy may prevent the complainant or the respondent from pursuing formal legal remedies or resolution through local, state or federal agencies or the courts.

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