Anti-Harassment and Discrimination Policy
It is the policy of DCP Theatre that all our members, volunteers, students, artists, patrons and independent contractors should be able to participate in an environment free of discrimination and harassment.
This policy refers to, but is not limited to, harassment and discrimination in the following areas: (1) race, (2) gender identity, (3) age, (4) skin color, (5) national or ethnic origin, (6) religion, (7) disability, (8) marital status, (9) sexual orientation, and (10) military status. Harassment includes display or circulation of written or electronic materials or pictures degrading to any of the aforementioned groups; and verbal abuse or insults directed at or made in the presence of members of the aforementioned groups. Discrimination includes the unjust treatment of individuals based on the aforementioned categories.
DCP Theatre does not and shall not discriminate on the basis of racial identity, gender identity, age, skin color, national or ethnic origin, religion, disability, marital status, sexual orientation, or military status. DCP will not tolerate discrimination by or towards anyone involved with our organization; including but not limited to employees, volunteers, artists, students, patrons and independent contractors.
DCP Theatre is committed to professionalism, diversity, accessibility, and inclusivity.
Sexual Harassment
Sexual harassment is unlawful and will not be tolerated by DCP Theatre. Further, retaliation against an individual who has reported sexual harassment or who has cooperated with an investigation of a sexual harassment complaint is similarly unlawful and will not be tolerated. DCP takes allegations of sexual harassment seriously and will respond promptly to complaints. Where it is determined that such inappropriate conduct has occurred, DCP will act promptly to eliminate the conduct.
Definition of Sexual Harassment
The legal definition of sexual harassment is broad. Sexually oriented conduct that, whether intended to be or not, is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating or humiliating may constitute sexual harassment.
While it is not possible to list all of the circumstances that may constitute sexual harassment, the following are some examples of conduct that may constitute sexual harassment, whether in person or online:
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Unwelcome sexual advances – whether or not they involve physical touching;
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Sexual epithets, jokes, written or oral references to sexual conduct; gossip regarding one’s sex life or sexuality; comments on an individual’s body; comments about an individual’s sexual activity, deficiencies or prowess;
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Displaying sexually suggestive objects, pictures, cartoons;
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Leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
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Inquiries into or discussion of sexual experiences.
All should take special note that, as stated above, retaliation against an individual who has reported sexual harassment or who has cooperated with an investigation of a sexual harassment complaint is unlawful and will not be tolerated.
There are two types of sexual harassment:
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“Quid pro quo” harassment, where submission to harassment is used as the basis for casting, membership, or participation in theatre activities. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Examples: A director promising a role to an actor, if actor goes on a date with director; a board member threatening not to hire a member of the production team if they do not have sex with him/her.
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“Hostile work environment,” where the harassment creates an offensive and unpleasant working environment. A hostile work environment can be created by anyone in the theatre, whether it be directors, other actors, or audience members. 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 fall into this category.
Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature:
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Is made explicitly or implicitly a term or condition of participating in theatre activities or casting.
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Unreasonably interferes with a member/actor or production team member’s work performance or creates an intimidating, hostile or otherwise offensive environment.
Retaliation
No hardship, loss, benefit or penalty may be imposed on any member in response to:
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Filing or responding to a bona fide complaint of discrimination or harassment.
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Appearing as a witness in the investigation of a complaint.
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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 membership.
Complaint Procedure
Individuals who believe they have been subjected to harassment should immediately bring the matter to the attention of the Board Liaison and/or the DCP Board of Directors President. All allegations of harassment will be immediately investigated. Anyone found to have engaged in harassment shall be subject to discipline, up to and including discharge. There will be no repercussions for the filing of a complaint.
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 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.
Complaint procedure
DCP Theatre 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.
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An individual who feels harassed, discriminated or retaliated against may initiate the complaint process by speaking with the Director, if not comfortable speaking to the director, then they can call the production’s Board Advisor.
Board Members, show directors, and producers have the additional responsibility to act immediately on observations or allegations of harassment or discrimination. Board Members, show directors, and producers are responsible for creating and maintaining a harassment- and discrimination-free organization, and should address potential problems before they become serious.
In the Community Theatre arena there are special circumstances that one must be made aware of this includes:
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Rehearsals containing Intimacy may remain light but should remain professional (especially during vulnerable moments).
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Freedom to respect privacy if an actor requests a private area to change clothing.
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Absence of favoritism when a director casts close friends and family in lead roles. Roles must be given to the most qualified.
Sexual Harassment Investigation
When DCP receives notice of conduct which appears to be sexual harassment, it 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 and permissible by law. The investigation may, as appropriate, include private interviews with the person filing the complaint, interviews with witnesses, and interviews with the person alleged to have committed sexual harassment. When the investigation is completed, the person filing the complaint and the person alleged to have committed the conduct will be informed, to the extent appropriate, of the results of the investigation.
Appropriate Response/Disciplinary Action
If it is determined that a person has engaged in inappropriate conduct, appropriate action will be taken immediately to promote a place that is free of sexual harassment. Such action may range from counseling to termination, and may include other forms of disciplinary action, including the notification of appropriate authorities.
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.
This is a living a document and can be modified at any time.