Policy Statement It is the policy of Gallery Theater to maintain a work and artistic environment free from harassment for its employees, volunteers, patrons, visitors, and vendors. Discriminatory harassment, including sexual harassment, is a violation of state and federal law. Gallery Theater will tolerate no form of discriminatory harassment, including sexual harassment. Any and all complaints or allegations of harassment, including sexual harassment, will be investigated promptly. Appropriate, corrective action will be implemented based upon the results of the investigation in the event harassment in violation of this policy is found to have taken place. Anti-retaliation Statement Any form of retaliation against those who in good faith bring forward complaints or allegations, or who participate in an investigation of discrimination or harassment, is strictly prohibited. False Allegations Made in Bad Faith If the investigation reveals that a complainant, victim, or witness has made a knowingly false allegation in bad faith, disciplinary or other appropriate action against this person may be imposed. Definition of Harassment Harassment is verbal or physical conduct that demeans or shows hostility, or aversion, toward an individual because of his/her race, color, religion, gender, national origin, age, sexual orientation, immigration status or disability, or that of his/her relatives, friends, or associates and that: • Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or • Has the purpose or effect of unreasonably interfering with an individual’s work performance; or • Otherwise adversely affects an individual’s employment and/or volunteer opportunities. Harassing conduct includes, but is not limited to the following: • Epithets, slurs, jokes, negative stereotyping or threatening, intimidating or hostile acts that relate to a person’s race, color, religion, gender, national origin, age, sexual orientation, immigration status or disability. • Written or graphic material which demeans or shows hostility or aversion toward an individual or group because of race, color, religion, gender, national origin, age, sexual orientation, immigration status or disability and is posted on walls, bulletin boards, e-mail or elsewhere on the theater premises, or is circulated within the theater. Definition of Sexual Harassment Civil Rights Laws define sexual harassment as: “unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual nature when: 1.Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or participation, 2.Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual’s employment or participation. 3.Such behavior has the purpose of effect of unreasonably interfering with an individual’s work or performance, or is so pervasive or severe that it creates an intimidating, hostile, or offensive environment. The terms intimidating, hostile and offensive are interpreted according to legal standards as determined by the law, and are looked at from the viewpoint of a reasonable person in similar circumstances as the complaining party. Reporting a Complaint If an individual believes he or she is the victim of harassment or sexual harassment or retaliation, he or she is encouraged to report such complaint immediately. Reports can be made to the director, the liaison or the theater manager. The theater has designated the Executive Board (Board President, Board Past President, and Board President Elect), as well as the respective show liaison, to receive all individual complaints, verbal or written, of harassment on behalf of the theater. Once the theater has knowledge of the complaint, the theater is obligated to investigate the allegation. Individuals who become aware of potential harassment of others that may be in violation of this policy are encouraged to report such conduct. Investigation Procedures 1. The Executive Board is responsible for documenting the complaint and determining, with such consultation, as they deem appropriate, who will conduct the investigation. In the event the harassment allegations personally involve a member of the Executive Board the theater will designate an alternate investigator. 2. The Executive Board or other designated investigator will provide both/all parties the opportunity to present their sides of the incident. The investigation will include separate interviews with the complainant, the accused, and any other relevant witnesses as appropriate under the circumstances 3. Before a final decision is made or corrective action taken against the accused, a written summary of the allegations upon which the corrective action is based will be delivered to the accused for his/her/their opportunity to respond if he/she/they so chooses. 4. Corrective action, if any, against the accused will be determined based on the seriousness of the offense, the individual’s prior history, and other relevant circumstances. Upon resolution of the investigation, all investigative reports, notes, evidence, and records will be maintained as needed to investigate and respond to other complaints, or as compelled to produce the files through legal process. Charges not substantiated by the investigation will be maintained in a general investigation file, kept under lock and key, with no record included in the accused employee’s personnel file unless later proven relevant to subsequent substantiated charges of harassment or retaliation. The Executive Board will maintain documentation regarding disciplinary action taken as a result of a substantiated harassment complaint. Confidentiality In its own actions and the actions of its official representatives, the theater will maintain the confidentiality of all harassment investigations to the extent possible, consistent with the theater’s need to conduct an adequate investigation and to take prompt corrective action to rectify any harassment in violation of this policy, which is found to have taken place. However, the theater cannot guarantee that confidentiality will be maintained by other employees or volunteers who may need to be questioned about the allegation, or the parties directly involved in the investigation, although the theater will advise all concerned to keep investigative matters confidential and not to discuss them elsewhere. Policy approved by the Gallery Board at the meeting held on December 16, 2019.