POLICY IN PRACTICE
HBB & CTC ANTI DISCRIMINATION, ANTI-BIAS, ANTI-BULLYING / GOSSIP AND ANTI-HARASSMENT POLICY & CODE OF CONDUCT:
DEFINITIONS, POLICY & PROCEDURES AGAINST HARASSMENT & DISCRIMINATION
The CTC Code of Conduct is a living document and is periodically updated
The Children’s Theatre Company and Henry Box Brown productions - is proud of its policy of maintaining a work-environment that encourages respect for the dignity of each individual and which maintains a working environment that encourages mutual respect, promotes respectful and congenial relationships between employees and prohibits all forms of unlawful discrimination, therefore, CTC endeavors to maintain a work-environment free from discrimination and has a zero-tolerance policy of harassment and discrimination.
Discrimination and Harassment are unlawful, and anyone found to have engaged in such conduct will be subject to disciplinary action. The Children’s Theatre Company Theater will endeavor to protect its members, employees, venues and practice-areas to remain a safe space for all.
In addition to taking proactive steps to combat harassment and discrimination, the Children’s Theatre Company is committed to including:
● Promoting and modeling appropriate standards of conduct at all times
● Providing a fair, enforceable, and effective complaint process
● Reviewing and updating its procedures with its staff and affiliates on a regular basis.
The right to a working environment free of discrimination and harassment extends to all employees and freelancers, including but not limited to full-time, part-time, temporary, and contracted personnel, as well as volunteers, interns, and apprentices. It is unacceptable for members of The Children’s Theatre Company to engage in harassment, discrimination and retaliation at any time.
Company members must be aware of their conduct at all times when dealing with all of our community with whom we collaborate and serve and have professional dealings, such as students, instructors, performers, outside contractors, patrons, parents, or service providers.
This policy applies to every level of the organization and to every aspect of the workplace environment and employment relationship, including recruitment, selection, rehearsing, auditioning, promotion, transfers, training, salaries, benefits, hiring, and termination. Harassment and discrimination are prohibited in all venues and aspects of the Children’s Theatre Company business, including but not limited to:
· Rehearsal
· Performances
· Tours
· Meetings
· Outside work assignments
· Online communication (i.e. Social media, text messages, etc.).
· Children’s Theatre Company sponsored social or non-social functions, events or programs
· Social functions at which The Children’s Theatre Company members are present.
This policy prohibits discrimination or harassment based on the following grounds:
● Gender Identity
● Gender Expression
● Sex (Including pregnancy & breastfeeding)
● Sexual orientation
● Race
● Ethnic/National Origins
● Religion
● Familial Status
● Marital Status/Relationship Status
● Ancestry
● Age
● Disability (including mental, physical, developmental, or learning disabilities)
● Association or relationship with a person identified by one of the above grounds.
● And any other category protected by applicable federal, state, or local law
Reporting
The Children’s Theatre Company takes allegations of discrimination and all harassment very seriously. We will courteously treat any person who invokes this complaint procedure, and the Company will handle all complaints swiftly and confidentially to the extent possible in light of the need to take appropriate corrective action. If it is determined that alleged conduct rising to the level of harassment has occurred, we will act promptly to impose such corrective action. The privacy of the alleged victim will be protected to the extent possible.
We strongly urge the reporting of all incidents of discrimination, harassment and retaliation, regardless of the offender’s identity or position. Lodging a complaint will in no way be used against the employee or volunteer or have an adverse impact on the individual’s employment or volunteer status.
Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of discrimination and harassment. Therefore, employees are strongly urged to promptly report complaints or concerns so that rapid and constructive action can be taken. An employee must not use peer pressure to discourage another employee from making a complaint under this policy.
The availability of this complaint procedure does not preclude individuals who believe they are being subjected to discriminatory or harassing conduct from promptly advising the offender that his/her behavior is unwelcome and requesting that it be discontinued.
Because of the damaging nature of harassment to the victims and to the entire team, aggrieved individuals are strongly urged to use the procedures provided below. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.
Complaint procedure
Investigation/Process of a Harassment Report: Upon receipt of any report, verbal or written, the Children’s Theatre Company has a comprehensive procedure by which inappropriate conduct will be dealt. We will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The Company Manager (Jef Canter) and Diversity, Equity, Inclusion Facilitator (and Board Member, Nancy Ewing) shall assume the responsibility for the investigation process; making sure all actions and policies are carried out.
Disciplinary Action: If it is determined that inappropriate conduct has been committed by one of our employees, guests, board members, educators, creative team members, performers, donors, vendors, or volunteers, we will take such action as is appropriate under the circumstances. Such action may range from counseling to termination of employment or termination of a business relationship. Other forms of disciplinary action may be necessary under the circumstances.
State and Federal Remedies In addition to the aforementioned, if you believe you have been subjected to sexual harassment, you may file a formal report with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim. The Children’s Theatre Company has established the following procedure for lodging a complaint of harassment, discrimination or retaliation. The Company will treat all aspects of the procedure confidentially to the extent reasonably possible.
FILING COMPLAINT: An individual who feels harassed, discriminated or retaliated against may initiate the complaint process by filing a complaint in writing with Children’s Theatre Company’s Executive Team: the Company Manager (Jef Canter); Diversity, Equity, Inclusion Facilitator (Nancy Ewing or Dr. Michelle Chamblin); Executive Artistic Director (Mehr Mansuri); and DEIJ Community Strategist (Eric Dozier).
INDEPENDENT / THIRD PARTY INVESTIGATOR: Allegations of unlawful harassment, discrimination, or retaliation brought to its attention against any member of its Executive Team or Board will be investigated by an independent outside third party investigator.
WRITTEN COMPLAINT: No formal action will be taken against any person under this policy unless Children’s Theatre Company has received a written complaint containing sufficient details to determine if the policy may have been violated. The complainant (the person making the complaint) may obtain the complaint form from Children’s Theatre Company.
SEE SOMETHING, SAY SOMETHING: If a Stage Manager, Teaching Artist, Performer, Parent, Patron or Participant- becomes aware that harassment or discrimination is occurring, either from personal observation or as a result of an employee’s coming forward, that individual should immediately report it to the Company Manager, Jef Canter and Diversity, Equity, Inclusion (DEI) Facilitator, Nancy Ewing / Dr. Michelle Chamblin).
EXECUTIVE TEAM: Upon receiving a complaint or being advised by a supervisor or manager that violation of this policy may be occurring, the Company Manager and DEI Facilitators, Nancy Ewing / Dr. Michelle Chamblin- will notify and review the complaint with the Executive Director, Managing Director and the Company’s Board of Directors and legal counsel.
BEGINNING THE INVESTIGATION: Within five working days of receiving the complaint, the Executive Director and Managing Director will notify the person(s) charged [the respondent] 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.
INTERVIEWS WITH COMPLAINANT & RESPONDENT: During the investigation, the Executive Team (the Company Manager, the DEI Facilitators, the Executive Director and Managing Director, together with legal counsel), will interview the complainant, the respondent and any witnesses to determine whether the alleged conduct occurred.
FINAL REPORT: Within 15 business days of the complaint being filed (or the matter being referred to the Company Manager), the management team members who are conducting the investigation will conclude the investigation and submit a written report of his or her findings to the company.
RECOMMENDATON OF ACTION: If it is determined that harassment or discrimination in violation of this policy has occurred, the Executive Team 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).
PREVENTITVE ACTION: 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 Executive Team may recommend appropriate preventive action.
FINAL NOTIFICATION: Within five days after the investigation is concluded, the Executive Team 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.
APPEAL: The complainant and the respondent may submit statements to the Executive Team challenging the factual basis of the findings. Any such statement must be submitted no later than ten working days after the meeting with the Managing Director in which the findings of the investigation are discussed.
APPROPRIATE ACTION: Within 10 days from the date the Executive Team meets with the complainant and respondent, the Company will review the investigative report and any statements submitted by the complainant or respondent, discuss results of the investigation with the Executive Team (and other management staff) as may be appropriate, and decide what action, if any, will be taken. The Executive Team will consolidate their reports to form the Company’s decision to the complainant, the respondent and the appropriate management assigned to the department(s) in which the complainant and the respondent work.
DISCIPLINARY ACTION: The Company’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.
Contact Info: Individuals who believe they have experienced, or managers or supervisors who have learned of, conduct that is contrary to this policy or who have concerns about such matters (regardless of whether such conduct is directly reported to them) must contact their immediate supervisor or someone on the management team below:
· Company Manager, Jef Canter: jef.canter@ctcnyc.org
· Diversity, Equity, Inclusion Facilitator, Nancy Ewing: Nancy.Ewing@ctcnyc.org
· Production Manager, Melina Salifoski: Melina.Salifoski@ctcnyc.org
· Stage Manager, Angelina Meccariello: Angelina.Meccariello@ctcnyc.org
· Executive Artistic Director, Mehr Mansuri: Mehr.Mansuri@ctcnyc.org
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 legally possible. The expressed wishes of the complaining person for confidentiality will be considered in the context of the company’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 company 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.
When the Children’s Theatre Company receives a complaint of discrimination or harassment, The Children’s Theatre Company will endeavor to treat it as confidential, to the extent practical and appropriate under the circumstances. The Children’s Theatre Company, however, has a legal obligation to act on all information it receives if it believes an individual may be engaging in wrongful conduct or violating the law, and The Children’s Theatre Company cannot therefore promise or assure absolute confidentiality.
FINAL ASSESSMENT
All reports of harassment will be treated seriously and promptly investigated. The investigation may include interviews with all involved employees, including the alleged harasser or discriminator, and any employees who are aware of facts or incidents alleged to have occurred.
At the conclusion of the investigation, The Children’s Theatre Company’s Executive Team will advise any individual who has made a complaint under this policy that the investigation has concluded and share other information as may be appropriate under the circumstances.
If it is determined that harassment or discrimination has occurred, prompt, remedial action will be taken, as determined by The Children’s Theatre Company’s Executive Team. This may include, among other things, the following actions:
Restore any lost terms, conditions or benefits of employment to the complaining employee.
Discipline the harasser. This discipline can include written disciplinary warnings, transfer, demotion, suspension, and termination, in The Children’s Theatre Company’s sole discretion.
If the harassment is from a vendor, client or other third party, The Children’s Theatre Company will take appropriate action to stop the complained-of conduct.
Counselling / Training: The Children’s Theatre Company also reserves the right to require counseling, training and/or monitoring as a condition of continued employment even where a violation is not found. In addition, conduct that is unlawful may subject employees to civil and, in some cases, criminal liability. This policy is not written nor intended to restrict management’s authority regarding disciplinary or employment decisions concerning employee behavior that is deemed unacceptable regardless of whether the behavior constitutes discrimination or harassment.
False Accusation / Poisoned Environment: The Children’s Theatre Company recognizes that false accusations of discrimination or harassment can cause serious harm to innocent persons. If an investigation results in a finding that the complainant knowingly, falsely accused another person of discrimination or harassment, the complainant will be subject to disciplinary action, in The Children’s Theatre Company’s sole discretion, up to and including termination of employment.
RETALIATION IS PROHIBITED
Retaliation against an individual because of a report of discrimination or harassment or participation in an investigation into a claim of discrimination or harassment is a serious violation of this policy. Any person who engages in such retaliation will be subject to disciplinary action up to and including termination of employment. Additionally, adverse acts or omissions that would be sufficient to discourage a reasonable employee from making or supporting a complaint of discrimination or harassment will be considered retaliation under this policy. The Children’s Theatre Company will not tolerate retaliation against any individual who may cooperate in an investigation of a discrimination and/or harassment. All managers and supervisors have a responsibility to report prohibited behavior to a company officer, whether the conduct is reported to them or personally observed.
PART I: definitionS: dISCRIMINATION
“Discrimination” means any form of unequal treatment based on a code ground, whether imposing extra burdens or denying benefits. Discrimination is to distinguish, single out, or make a distinction of a class of individuals which leads to unfair or unequal treatment based on their characteristic. It may be intentional or unintentional. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but disadvantage certain groups/classes of people. Discrimination may take obvious forms, or it may happen in very subtle ways. Even if there are many factors affecting a decision or action, if discrimination is a factor, that is a violation of this policy.
PART II: definitionS: HARASSMENT
"Harassment" is defined as any type of conduct based on an employee or contractor’s protected classes, including conduct intended to be friendly or humorous, that is unwelcome and has the purpose or effect of unreasonably interfering with an employee or contractor’s work performance or creating a work environment that is intimidating, embarrassing, humiliating, degrading, hostile, offensive, unwelcomed, annoying, unwanted, or coercive to a reasonable person. Harassment may take many forms, and may occur in person, through written letters, e-mail or other electronic communications, or by phone.
Examples of harassment prohibited by this policy, include, but are not limited to:
● Epithets, slurs, quips, or negative stereotyping that relate to a Policy-protected group;
● Threatening, intimidating or hostile acts that relate to a Policy-protected group;
● Written or graphic material (including graffiti) that denigrates or shows hostility or aversion toward an individual or group because of a Policy-protected group.
Sexual and Gender-Based Harassment is considered to be a form of sexual discrimination under Title VII of the Civil Rights Act of 1964, which applies to all U.S. employers. It is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, interferes with an individual’s work performance or creates an intimidating, hostile, or offensive environment. Under these definitions, direct or implied requests by anyone involved with The Children’s Theatre Company for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, awarding of contracts or fees, participation in internships or volunteer opportunities, or continued employment constitutes sexual harassment.
Sexual harassment is a form of harassment that can include but is not limited to:
● Sexually suggestive or obscene comments or gestures;
● Gender-related comments about a person’s physical characteristics or mannerisms.
● Paternalism based on gender which a person feels undermines their self-respect or position of responsibility.
● Unwelcome physical contact
● Suggestive or offensive remarks or innuendos about members of specific gender
● Propositions of physical intimacy
● Gender related verbal abuse, threats, or taunting
● Leering or inappropriate staring
● Offensive jokes or comments of a sexual nature about an employee or client.
● Display of sexually offensive pictures, graffiti, or other materials including electronic means.
● Demands for dates or sexual favors. The legal definition of sexual harassment is broad.
PART III: Definitions: GOSSIP / ANTI-BULLYING
Gossip is an activity that can drain, corrupt, distract and down-shift the Company's productivity, morale, and overall sense of accomplishment and depth of achievement and satisfaction. Ultimately, gossip has irretrievable and irreparable consequences among collaborators and even friends and can irrevocably damage the possibility of any trust, the foundation upon which any collaboration or work of art can truly advance. It is detrimental to the spirit and outcome of this collaboration and can irreparably affect the positive progression of the entire community, should any individual engage in any form of evaluation (formal or informal) of a co-worker or manager, without their knowledge and a fair opportunity to join in the exchange- and learning.
Prohibition of Gossip & Bullying Behavior: Bullying, harassment, and cyber-bullying are prohibited in any and all forms. Retaliation or threats of retaliation meant to intimidate the victim of bullying, harassment, or cyber-bullying, or toward those investigating incidents thereof, are also prohibited.
All members of the CTC Management Team (Company Manager, DEI Facilitators, Stage Managers, Production Manager, Managing Director and Executive Director and the CTC Creative Team) are responsible for collecting and responding to reports of gossiping, bullying, harassment, or cyber-bullying. The Company shall receive and investigate complaints from any and all participants and staff who allege that failure to implement this policy. ELECTRONIC / DIGITAL: The gossip and anti-bullying policy also pertains to usage of electronic technology and electronic communication that is used for bullying, harassment, or cyberbullying.
Gossip Prevention Procedure: When resolving interpersonal conflicts and concerns, CTC’s Management team will require an open and transparent communication from fellow Company members. When an individual has a concern or conflict with another Company member, whenever possible, we encourage direct communication with the person with whom they are having a conflict. If that is not possible or conducive to solving said conflict or concern, we invite the claimant to reach out to the Company Manager or the DEI Facilitator to convene a meeting with the person(s) with whom they are experiencing conflict. The main opportunity is to simply provide a fair airing of any grievance, concern or idea. Neither the Company Manager NOR the DEI Facilitator will be permitted to speak on behalf of the claimant or respondent. It is imperative that we ask all participants to speak forthrightly and within a mediated and guided dialogue.
MULTI-STEP PREVENTION PROCESS: CTC’s zero tolerance gossip and anti-bullying policy will be strictly enforced through a multi-step warning process. Before a disciplinary procedure is invoked, however, the Company member will be counseled about his /her conduct. Company members who participate in or instigate gossip or any negative evaluation of another employee, a cast / crew member, parent or production staff – whether in person, via social media, email or chat rooms etc., will be required to participate in such multi-step intervention procedure. If the divisive behavior continues, the matter will result in the immediate disciplinary action or termination of contract.
PART IV: definitionS: DRUG & ALCOHOL POLICY
Drug and Alcohol Policy: It is Children’s Theatre Company’s desire to provide a drug-free, healthy, and safe workplace. To promote this goal, artists, educators, employees, interns, volunteers and contractors are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner, free from drugs and alcohol.
While conducting business-related activities, both in production and while working on or for the Children’s Theatre Company production, no employee, intern, volunteer, or contractor may use, possess, distribute, or sell drugs or medications. Over the counter (OTC) medications may be used, possessed, or shared with colleagues upon approval by Jef Canter, CTC’s Henry Box Brown Company Manager, and Mehr Mansuri, CTC’s Executive Artistic Director.
It is not permissible for The Children’s Theatre Company Staff both in production and otherwise, employee, intern, volunteer, or contractor be under the influence of alcohol or illegal drugs. With the touring nature of the organization, to consume or distribute OTC medication without prior approval is a violation of this policy. Violations of this policy may lead to disciplinary action, up to and including immediate termination. Such violations may also have legal consequences and may be reported to legal authorities. Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Company Manager, Stage Manager or Producer without fear of reprisal.