PURPOSE OF POLICY
The purpose of this Anti-Harassment Policy (the “Policy”) is to establish a set of clear protocols and procedures that govern all members, applicants for membership, directors, officers, vendors, employees, and guests of employees or members of the Theatrical Sound Designers and Composers Association (hereinafter, “TSDCA”). This Policy sets forth TSDCA’s commitment to a safe work environment, defines the types and examples of harassment that will not be tolerated, and provides a clear set of procedures for TSDCA to follow in the event a harassment claim is brought to the Board’s attention.
RESOURCES OUTSIDE OF TSDCA
TSDCA believes it is important that its members are aware of resources that exist outside of TSDCA to assist with the reporting and handling of harassment complaints related to the TSDCA work environment. In the event TSDCA is under a legal obligation to report a harassment complaint to law enforcement, it will do so. Whether an individual member chooses to do so is their own choice. A few TSDCA supported external resources in the industry are listed below.
- Actor’s Fund
- IATSE Safety Hotline – (Toll free: 844-IA AWARE, 844-422-9273)
TSDCA is committed to a safe work environment in which all individuals are treated with respect and dignity. This safe work environment extends to TSDCA’s sponsored events, as the organization and individual members frequently gather offsite and in a diverse range of geographic locations, both in-person and virtually, for numerous social and professional events and forums. Each individual has the right to work and gather in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including harassment. Therefore, TSDCA expects that all relationships among persons in the workplace will be professional and free of bias, prejudice, discrimination and harassment.
In order to keep this commitment, TSDCA will not tolerate unlawful harassment of any kind, including sexual harassment and harassment based on race, color, religion, national origin, sexual orientation, gender identity or expression, sex, age, physical or mental disability or any other characteristic protected by state, federal or local employment discrimination laws. This Policy applies to all members, applicants for membership, directors, officers, vendors, employees, and guests of employees and members (hereinafter “TSDCA Associated Parties”). Pursuant to Article 3, Section 4 of the “Constitution of the Theatrical Sound Designers and Composers Association” (the “Constitution”), the Membership Committee, in its sole discretion, retains the power to deny membership applications, including any violation of this Policy.
Members who violate this Policy are subject to a corrective action to be decided at the sole discretion of the Board. Such forms of corrective action can include a verbal warning, a referral to mediation, and the temporary or permanent revocation of membership in TSDCA. Expelled members with a current membership will be refunded their payment for the previous year within thirty (30) days of expulsion. TSDCA will take no further action against expelled members whose membership fees are overdue. Non-members are subject to disciplinary action as the Board deems appropriate, including but not limited to, being prohibited from attending future TSDCA events.
FORMS/EXAMPLES OF HARASSMENT
Examples of unlawful harassment include, but are not limited to:
- Epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, comments, or other similar forms of verbal conduct.
- Derogatory and/or sexually-oriented posters, photography, cartoons, drawings, e-mail and faxes, gestures, social media posts, or other similar forms of visual conduct.
- Assault, unwanted touching, blocking normal movement, or interfering with the work of TSDCA Associated Parties because of the individual’s sex or other protected characteristic or other similar forms of physical conduct.
- Threats and demands to submit to sexual requests in order to keep one’s job or avoid some other loss, and offers of any TSDCA related benefits in return for sexual favors.
- Retaliation for having reported or threatened to report unlawful harassment.
- For purposes of this Policy, sexual harassment includes but is not limited to, making unwanted sexual advances and requests for sexual favors where either:
- Submission to such conduct is made an explicit or implicit term or condition of membership or involvement in any other activity associated with TSDCA; or
- Submission to or rejection of such conduct by an individual is used in a coercive manner by a TSDCA Associated Party; or
- Such conduct has the purpose or effect of substantially interfering with a TSDCA Associated Party’s ability to perform their duties, or creating an intimidating, hostile, or offensive work environment.
REPORTING COMPLAINT PROCESS
Any member who believes they have been harassed by a TSDCA Associated Party should promptly report the facts of the incident or incidents and the names of the individual(s) involved to the Board by filling out the “Harassment Complaint Form for Members” on the TSDCA website. The Board will not conduct a review of a harassment allegation unless the complaint has been brought directly to its attention by the complainant (or a third party filling out the complaint form on their behalf) in accordance with this Policy. To the extent a member is unable to complete the aforementioned form because of a physical or mental disability or a linguistic barrier, such member is permitted to authorize a third party to fill out the complaint on its behalf. The Board will not inquire into the merits of such disability or linguistic barrier. However, if a complaint is submitted by a third party on behalf of a member, the Board will follow up with the member to confirm the complaint was actually filed on their behalf prior to beginning its review. In the event continued assistance is needed after the complaint filing stage, TSDCA will cover up to five hundred dollars ($500) in translator or interpreter fees.
Upon receipt of a complaint, the Board will initiate a prompt, thorough, objective and good faith review of the harassment allegations. If one or more members of the Board are the subject of an allegation in violation of this Policy, the accused Board member(s) will recuse themselves from the review process. The Board will notify the accused member of the complaint being brought against them in an email sent to the email address the member has on file with TSDCA with an invitation to respond to the allegations being made against them. The accused member has fourteen (14) days to respond to the notice. In the absence of a timely response, the accused member will not be entitled to participate in the mediation process. TSDCA makes no promise of anonymity for both the accused and the complainant with respect to any harassment complaints brought to its attention.
Any nonmember who believes they have been harassed by a TSDCA Associated Party must affirmatively opt-in to have their allegations handled in accordance with this Policy by filling out the Non-Member Opt-in Form, which is appended to this Policy. The Non-Member Opt-in Form can be filled out by a third party on behalf of a non-member complainant in accordance with the procedures established for third parties submitting complaints on behalf of members. To do so, nonmembers (or third parties on their behalf) must submit the written request to the Board. In the absence of this written request, TSDCA is under no obligation to initiate a review process for complaints made by nonmembers.
TSDCA reserves the right to recommend that complaints be referred to another association, such as the Local USA 829 or another local of the International Alliance of Theatrical Stage Employees (“IATSE”). Furthermore, TSDCA may consider the findings of a review conducted by another association when those findings relate to the same accusation that is brought to TSDCA’s attention.
Upon receiving a harassment complaint, the Board, in its sole discretion, pursuant to Article 3, Section 3 of the Constitution, may temporarily suspend the membership of the accused and their access to TSDCA sponsored events, both in-person and virtual, pending resolution of the complaint. Suspended members will also be removed from social media networks and newsletter distributions. TSDCA is committed to transparency and fairness. On an annual basis, the Board shall designate a third-party mediation program to hear TSDCA’s harassment complaints on a case-by-case basis. The Board-designated mediation program shall be the sole mediator used for complaints brought forth in accordance with this Policy. After the Board refers the matter to its designated mediation program, the complainant and the accused must both then agree in writing to participate in the mediation process. In the event the Board refers a case to mediation, TSDCA shall pay all costs billed directly by the Board designated mediation program in connection with such mediation. Incidental expenses incurred by the parties partaking in the mediation will not be reimbursed by TSDCA. The objective of the mediation program is to produce a Memorandum of Understanding, which will document what the parties have agreed upon. Pursuant to what has been agreed to, if anything, in the Memorandum of Understanding, the Board reserves the right to reinstate the accused member’s membership privileges, terminate the accused member’s membership privileges or keep the accused member’s membership privileges suspended for an agreed-upon period of time. After the mediation has taken place, the Board will provide the parties with a writing documenting the complaint’s resolution.
No TSDCA Associated Party will be retaliated against for filing a complaint and/or assisting in a complaint or review process as long as such actions were taken in good faith. TSDCA Associated Parties found by impartial and uninvolved Board members to have filed complaints in bad faith will be subject to the same sanctions as those who violate this Policy. Further, TSDCA will not tolerate or permit retaliation by other TSDCA Associated Parties against any good faith complainant or anyone assisting in a harassment review.
NON-MEMBER OPT-IN FORM
I, _______________________, hereby affirm that I am not a member, in any capacity, of the Theatrical Sound Designers and Composers Association (“TSDCA”). I acknowledge and understand that I have neither an obligation nor a duty to sign this form. I hereby grant TSDCA permission to conduct a review of my harassment complaint in accordance with its applicable policies and procedures. Furthermore, I agree to fully cooperate with the TSDCA Board, and any of its designees, throughout the course of their review of my complaint. If the Board were to refer my complaint to the Board designated mediation program, I agree to participate in the mediation process with the intention of the mediator producing an agreed upon Memorandum of Understanding, though I am under no obligation to produce such Memorandum of Understanding. I affirm that I have delivered my complaint against a TSDCA Associated Party directly to the Board and have brought my complaint in good faith.
I hereby affirm that any verbal or written information provided is true, correct and not misleading and that I have read and understand the Anti-Harassment Policy.
Printed Name: ________________________________________________________
Affiliation with TSDCA: ________________________________________________
If this form is being submitted by a third party on behalf of a Non-member complainant, please fill out the below:
Name of Third Party: ___________________________________________________
Contact Information: ____________________________________________________
Signature of Third Party: ___________________________________________________
Please send this signed copy to firstname.lastname@example.org, Attn: TSDCA Co-Secretaries.
Ratified by the Membership on May 23rd, 2021.