Link to document: Ukrainian Shumka Dancers Harassment Policy

UKRAINIAN SHUMKA DANCERS –

POLICY AND PROCEDURES TO ADDRESS COMPLAINTS OF DISCRIMINATION AND HARRASSMENT

 

1. INTRODUCTION – PURPOSE

 

1. 1. The Ukrainian Shumka Dancers (“Shumka”) is committed to providing an environment based on honesty, respect, and dignity of the person, which is free from discrimination, harassment, and sexual harassment and bullying. Individuals have the right to work, volunteer, dance, and learn in a safe environm

 

2. 2. This Policy defines and describes discrimination based on the Alberta Human Rights Act, R.S.A. 2000 A-25.5, as amended; and, harassment (including sexual harassment and bullying) based on the Alberta Occupational Health and Safety Act S.A. 2020 c. 0-2.2. Nothing in this Policy prevents anyone from contacting appropriate officials to report a violation under the Alberta Human Rights Act, the Alberta Occupational Health and Safety Act, or other applicable laws. This Policy does not override applicable provincial or federal laws. Where there are inconsistencies, the applicable laws will prevail.

 

3. 3. Shumka maintains the exclusive right to amend this Policy.

 

1. SCOPE

 

4. 4. This Policy contains definitions of discrimination and harassment (including sexual harassment and bullying), and outlines the expectation for reporting an incident(s); options for resolution; investigation of a complaint; and, corrective or disciplinary responses, if warranted.

 

5. 5. Shumka will enforce this Policy within all levels of the company, including dancers, employees, Board members, volunteers and contractors that perform work or assist with the operations of Shum

 

6. 6. This policy applies to Shumka whether at Shumka facilities or at another sit

 

7. 7. This Policy applies to all interactions and communications, including, but not limited to:
8. a) Board meetings and Committee meetings;
9. b) Rehearsals;
10. c) Classes and workshops;
11. d) Performances;
12. e) Shumka authorized events;
13. f) Travel, arrivals and departures from rehearsals, classes, performances or even

III.        DEFINITIONS:

 

8. 8. The following definitions apply under this Policy:

 

“Artistic Team” means the group, under the direction of the Senior Creative Director, responsible for training dancers, rehearsing choreography, and choreographing or creating new works.

 

“Board of Directors” (Board) means the group responsible for providing governance and oversight of the management and operations of Shumka.

 

“Bullying”  means  acts  that  include  repeated  incidents,  or  a  pattern  of  behaviour, intended to create fear, intimidate, ridicule, degrade, devalue, humiliate, embarrass, undermine, or isolate a person or group of people. Bullying is often used in conjunction with harassment; however, there can be subtle differences.

 

“Complainant” means the party or parties described in Section VI of this Policy.

 

“Discipline Committee” means a group appointed by the Board to make decisions under

Section IX of this Policy.

 

“Discrimination” means any act, omission, threat, or policy based on the grounds of race, colour, ancestry, place of origin, religious belief, gender, gender identity, gender expression, sexual orientation, age, physical disability, mental disability, marital status, family status, or source of income. Under this Policy, discrimination is differential treatment based on protected characteristics. Discrimination exists where it cannot be demonstrated that actions were reasonable and justified in the circumstances.

 

“Executive Director” means the position appointed by Shumka under the authority of the Board.

 

“Harassment” is any single incident or repeated incidents of objectionable or inappropriate conduct, comment, gesture, or action by a person that knows or ought reasonably to know will or would cause offence or humiliation to another person. The behaviour need not be intentional to be considered harassment.

Harassment includes any form of bullying, personal harassment or sexual harassment.

 

Common examples of bullying and personal harassment include, but are not limited to:

1. a) verbal abuse, swearing, yelling;
2. b) name-calling, epithets, slurs, gestures, derogatory jokes or comments;
3. c) engaging in rumours and gossip;
4. d) innuendo or  teasing  about  a  person’s  looks,  body,  attire,  age,  race,  religion, gender, gender identity, or sexual orientation;
5. e) condescending, patronizing, threatening or punishing actions that undermine self-

respect, diminish participation, or endanger a person’s emotional safety;

1. f) physical blocking of normal dance movement or interfering with work;
2. g) refusing to work with or have contact with person

 

Common examples of sexual harassment include, but are not limited to:

1. a) unwelcome or uninvited remarks, gestures, requests or demands to engage in behaviour of a sexual nature, whether explicit or indirect;
2. b) unwelcome or unnecessary physical contact including, touching, patting, rubbing or pinching;
3. c) visual conduct such as staring or leering;
4. d) displaying or circulating pornographic or explicitly discriminatory material such as derogatory or offensive pictures or graffiti;
5. e) displaying or  circulating  sexually  suggestive  posters,  photographs,  cartoons,

drawings, emails, texts, or other social mediums;

1. f) threats, intimidation, or use of physical force or violence;
2. g) any form of physical assault;
3. h) any form of sexual assault.

 

Examples of what is not considered harassment:

1. a) A single or isolated incident such as an inappropriate remark or having an abrupt mann
2. b) Actions that are part of a manager’s or supervisor’s functions, including changing

assignments,  scheduling,  assessing  and  evaluating  performance,  and implementing health and safety measures; all of which, if done reasonably and fairly, should not be considered harassment.

1. c) Reasonable actions considered to be part of a manager’s or supervisor’s work

functions that include corrective or disciplinary action such as dismissing, suspending, demoting, or reprimanding with just cause, should not be considered harassment.

1. d) Social interaction based on mutual respect, consent and attraction where no intimidation is involved.
2. e) Mutually acceptable friendly gestures such as a hug or pat on the bac
3. f) A social relationship welcomed by both individu
4. g) Mutually acceptable flirtation is not sexual harassmen
5. h) To help dancers improve, Artistic Team members, SSD Instructors, or Studia Instructors may  adjust  a  dancer’s  or  student’s  form  or  massage  a  dancer’s muscles to help break up lactic acid Any excessive touching, unwanted touching or unwelcome massaging out of these contexts in inappropriate.

 

“Investigator” means a third party appointed by the Board pursuant to Section VIII of this Policy.

 

“Mediator” means a third party appointed by the Board pursuant to Section VII of this

Policy.

 

“President” means the person elected to the position of President under the Bylaws of the Ukrainian Shumka Dancers.

 

“Respondent” means the party or parties described in Section VI of this Policy.

 

“Senior Creative Director” means the position that provides creative direction and leadership to the Artistic Team. This position reports to the Executive Director.

 

“Shumka School of Dance (SSD) – Principal” means the position responsible for overall operations  of  the  school  and  summer  dance  camps.  This  position  reports  to  the Executive Director.

 

”Shumka  Studia  Director”  means  the  position  responsible  for  overall  operations  of

Studia. This position reports to the Executive Director.

 

“Standards  Committee”  means  three  dancers  elected  to  the  Shumka  Standards

Committee.

 

1. IV. CONFIDENTIALITY

 

9. 9. Shumka recognizes the sensitive and private nature of discrimination and harassment (as defined under Section III). It can be extremely difficult to come forward with a complain It can be devastating to be wrongly accused of such conduct. Shumka recognizes the interests of the Complainant and the Respondent in maintaining confidentiality (as defined under Section III).

 

10. 10. Under this Policy, or as required by law, Shumka will maintain confidentiality, to the greatest extent possible, of all personal information of those involved in a complaint, an investigation, and resolution, including any decisions in such investigatio Shumka may make an exception in circumstances where the Executive Director, the Senior Creative Director, a member of the Artistic Team, or a member of the Standards Committee believes that a person is at immediate risk of self-harm or harm to others.

 

11. 11. Shumka will maintain and retain all records pertaining to a complaint in compliance with Section XI and in a confidential manner, except to the extent that any disclosure of information is necessary for the purposes of investigating the complaint, or taking corrective or disciplinary action, or as required by

 

1. V. REPORTING DISCRIMINATION    OR   HARASSMENT      (WITHOUT     FEAR   OF RETALIATION)

 

12. 12. It is unlawful to retaliate against anyone who, in good faith, makes a complaint of discrimination or harassment,  or  anyone  who  has  given  evidence  in  support  of,  or against,   a   complain   This   applies   whether,   under   Section   VIII,   an   Investigator determines a complaint to be founded, unfounded or unsubstantiated.

 

1. V PROCEDURE FOR ADDRESSING A COMPLAINT

 

13. 13. A person who experiences discrimination or harassment (defined in Section III as the “Complainant”) is first encouraged to address the harasser or harassers (referred to in Section III as the “Respondent”) and request that the behaviour stop. If the behaviour continues, or if this is not possible, the Complainant is encouraged to report the incident

or incidents to the Executive Director or the Senior Creative Director. Should the Senior Creative Director be the first to receive the complaint, the Executive Director must be advised immediately.

 

14. 14. A complaint brought  against  the  Executive  Director  will  be  directed  to  the  Board President and managed in accordance with this Policy and the Executive Director’s contrac

 

15. 15. A complaint brought against a volunteer, the Senior Creative Director, an employee, or a contractor (other than a dance instructor), will be dealt with by the Executive Director in accordance with this Policy and the person’s contract.

 

16. 16. If the Standards Committee, the SSD Principal, or the Studia Director is approached with a complaint, the  Complainant  will  be  directed  to  the  Executive  Director  or  Senior Creative Directo

 

17. 17. Within five calendar days after the initial report, the Complainant will provide a written, signed, and dated statement setting out the date or dates of the alleged discrimination or harassment; the location; the facts of the complaint; the name of the Respondent; and, the names of possible witnesse The Complainant will deliver their statement to the Executive Director, who will then provide the statement to the President of the Board as notification of a complaint.

 

18. 18. A copy of the complaint will be provided to the Respondent as soon as possible (after being received by the Executive Director).

 

19. 19. The Respondent will  provide  to  the  Executive  Director,  within  14  calendar  days,  a written and signed response to the Complainant’s statement (“Response”).

 

20. 20. The Executive Director  will  provide  a  copy  of  the  Response  to  the  Complainant immediately.

 

21. 21. Should circumstances require a time extension under Sections VI, VII, VIII or IX, the person requesting an extension must document the reason for the extension and the additional period required.  The  Executive  Director  will  review  and  may  approve  a request for extension. The Board President will review and may approve an extension for a complaint against the Executive Director.

 

22. 22. Considering the role  of  the  Standards  Committee  in  handling  day-to-day  issues  of conduct, the Executive Director will advise the Standards Committee that a complaint was received and is being managed in accordance with this Policy, including the provisions of Confidentiality. The names, written statements, and response will not be provided to the Standards Committe

 

23. 23. The limitation period for reporting a complaint of discrimination or harassment is two years from the date of the alleged condu

 

VII.        MEDIATION

 

24. 24. Mediation is a voluntary and confidential step in an attempt to resolve a complaint in a mutually agreeable manne

 

25. 25. The Board shall appoint a third party with appropriate training and experience to act as Mediator to resolve a complain The Board may consult with the Executive Director when appointing a Mediator.

 

26. 26. The Senior Creative Director may, if requested by the Mediator, assist the Mediator in obtaining necessary dance-movement informatio The Executive Director will assist the Mediator in obtaining necessary documents as requested.

 

27. 27. The Complainant and Respondent each have the right to be accompanied and assisted by another person, of their choosing, during mediation. A parent or guardian will accompany a minor.

 

28. 28. Once a Mediator is appointed, the process will be completed within 60 calendar days, unless it is necessary to extend this period. If resolved sooner, the Mediator will advise the Executive Director immediately.

 

29. 29. The Executive Director will report to the President every 30 calendar days until the complaint is resolved or immediately upon resolution.

 

VIII.        INVESTIGATION

 

30. 30. In the event the complaint cannot be resolved through mediation, or if mediation is inappropriate, as determined by the Mediator, and within seven calendar days of mediation not being resolved, the complaint will proceed to an investigation.

 

31. 31. The Board will appoint an Investigato The Executive Director will assist the Board by providing the Investigator with a copy of the written Complaint and written Response.

 

32. 32. The Investigator will be a third party who has appropriate training and experience when dealing with complaints  of  discrimination  and  harassment.  The  Investigator  will interview the Complainant, Respondent, and witnesses or parties with knowledge of any incidents pertaining to the complain All parties involved will have the ability to review their statement for accuracy, as recorded by the Investigator.

 

33. 33. Together with the Executive Director, the Investigator will provide a possible period within which the report may be completed. The Investigator’s Report will include, at minimum:
34. A description of the allegation;
35. b. A description of the Complaint and the Response. The Investigator may attach a copy of the signed statement from the Complainant and Respondent;
36. A summary of the information obtained from the Complainant, the Respondent, and witnesses;

1. d. A finding,  based  on  a  balance  of  probabilities,  of  founded,  unfounded,  or unsub

 

34. 34. The Investigator’s findings  will  be  submitted  to  the  Board  President  within  seven calendar days of completion.

 

1. DISCIPLINARY MEASURES

 

35. 35. If the Investigator finds the Respondent did engage in conduct that is discriminatory or constitutes harassment, immediate disciplinary or corrective action will be taken in accordance with this Policy.

 

36. 36. The Board shall appoint three members from the Board to a Discipline Committ The Discipline Committee will consist of at least two community Board members to consider and decide appropriate disciplinary measures. There shall be at least one male and at least one female on the Discipline Committee.

 

37. 37. The Discipline Committee  will  determine  and  document  corrective  or  disciplinary

measures within seven calendar days of receiving the Investigator’s report.

 

38. 38. Disciplinary measures may include, but are not limited to:
39. A request for a written apology by the Respondent to the Complainant;
40. b. A request to alter placement in choreography;
41. Reassignment of work or volunteer duties or tasks;
42. d. Restricted access to facilities, rehearsals or performances;
43. Suspension from Shumka for a defined period of time;
44. Expulsion from Shumka;
45. g. Any other action deemed appropriate in the circumstances.

 

39. 39. The Complainant and Respondent will receive a copy of the Investigator’s report and subsequent corrective or disciplinary measures within 14 calendar days of the Discipline Committee’s decision.

 

1. APPEAL

 

40. 40. There is no right of app

 

1. RECORDS RETENTION

 

41. 41. This policy will comply with Shumka’s Records Retention Policy and Records Retention

Schedule.

 

XII.       REVIEW

 

42. 42. This policy will be reviewed on the earliest of the following:
43. When an incident of harassment occurs; or
44. Every three years.