POLICY STATEMENT ON HARASSMENT
Jersey Arts and Music, Inc, the parent company of Encorps Marching Music Experience, (herein referred to a “Encorps”) is committed to creating and maintaining a positive and healthy atmosphere for its members, staff and volunteers. Essential to this is an environment that is free from any form or threat of harassment. Harassment is a form of discrimination and includes any conduct that adversely affects a positive learning environment, including but not limited to actions or comments that are sexual in nature, violent or threatening violence, hazing, or demeaning, that the perpetrator knew, or reasonably should have known, would be unwelcome. Harassment leads to adverse impacts to the person(s) experiencing harassment as well as those around them, and negatively impacts the camaraderie we value. Encorps expressly prohibits harassment of any kind under any and all circumstances. Harassment can take many forms, but generally involves conduct, comments, or display that is insulting, intimidating, humiliating, hurtful, demeaning, belittling, malicious, degrading or otherwise cause offense, injury or potential injury, discomfort, personal humiliation or embarrassment to a person or group of persons.
Encorps has adopted the definitions and policies of the Equal Employment Opportunity Commission pertaining to sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
Submission to such is made either directly or indirectly a term or condition of employment, consulting, volunteer or participation decisions affecting a staff person or member;
Submission to or rejection of such conduct is used as the basis for employment, consulting, volunteer or participation decisions affecting a staff person or member;
Such conduct has the purpose or the effect of unreasonably interfering with a staff person’s or member’s routine performance, or creates an intimidating, hostile or offensive working or learning environment.
The following are examples of conduct that may be considered sexual harassment and, therefore, are prohibited:
- Repeated unwelcome and offensive sexual flirtations, advances or propositions;
- Verbal or written abuse of sexual nature;
- Graphic verbal or written commentaries about a person’s body or behaviors;
- Display of sexually suggestive objects or pictures;
- Continued or repeated suggestive sexual comments or remarks;
- Insults, humor or jokes about a person’s sex, gender, sexual orientation or traits relating to sex;
- Continued or repeated touching, pinching or brushing a person’s body.
Sexual harassment does not refer to occasional, socially acceptable compliments. It refers to behavior that is unwelcome, personally offensive or sufficiently severe or repeated so that it alters the conditions of employment or learning or creates an abusive or unproductive environment.
Hazing includes, but is not limited to:
- Any direct or indirect action or inaction that causes or poses a risk of harm to the mental or physical health or safety of one or more people;
- Subjecting or encouraging any person to commit an act or omission for the purpose of causing shame, abuse, insult, humiliation, intimidation or disgrace; or
- Any physical assault or battery, or threat thereof. Hazing is expressly prohibited by Encorps under all circumstances and between and among our Staff and Members.
Bullying will not be tolerated. In this context, “bullying” includes actions, whether threatened or real, towards or against any individual or group, whether by actions, words, gestures, symbols, or verbal or physical intimidation of any kind. It is designed to intimidate, embarrass, coerce, or shame an individual or group. Bullying is utterly inconsistent with who we are and what we strive to be.
STAFF AND MEMBER RELATIONS
It is the policy of Encorps to prohibit any inappropriate interaction between staff and members at all times and under all circumstances, as well as the appearance of inappropriate interactions.
One-on-one contact between staff, and members is expressly prohibited. In situations requiring an individual or personal conference, such as a meeting to discuss disciplinary or medical issues, the meeting is to be conducted with the prior knowledge of and in clear view of other adult Staff.
Romantic and sexual relationships between a staff person and a member not married to each other, regardless of their ages, is expressly prohibited, unless there is a pre-existing relationship and both parties are over 18 years old.
Staff and members should be aware of unintentionally or inadvertently invading the privacy of other individuals with video, picture and audio recording devices. The use of any device capable of recording or transmitting visual images in or near showers, locker rooms, restrooms, or other areas where privacy is expected is expressly prohibited.
All staff persons must immediately report to local authorities any good-faith suspicion or belief that any member is or has been physically or sexually abused, physically or emotionally neglected, exposed to any form of violence or threat, exposed to any form of sexual exploitation including the possession, manufacture, or distribution of child pornography, online solicitation, enticement, or showing of obscene material. This is a non-delegable duty that cannot be delegated or passed along to any other person.
Staff shall immediately report any such good-faith suspicion or belief, as well as any other violation of any policy of the Corps to the Director, Assistant Director, or any member of the Board of Directors of the Corps.
Any violation of this policy will be a ground for immediate and summary disciplinary action by the Corps in its sole and absolute discretion and may include immediate and summary dismissal from the Corps.
DUTY TO REPORT VIOLATIONS
It is the affirmative obligation of all Staff and Members to immediately report in good faith any violation of the law or of the policies of the Corps to either the Director, Assistant Director, or any member of the Board of Directors. Should circumstances prevent such immediate reporting, any violation shall be reported as soon as reasonably possible.
Upon receiving any such report, appropriate action shall be taken to protect the health, welfare and rights of the reporting parties, supervisors, witnesses, and any other individuals involved. The nature of the complaint, the identity of the reporting party, and any other individuals involved shall be kept confidential until the matter is reviewed by the Director or the chair of the Board of Directors.
Encorps shall take any and all measures appropriate to investigate any violation of law or of the policies of the Corps, including conducting interviews of the individuals involved and witnesses to any reported prohibited conduct, and review of written and electronic communications tendered for review. Should a complaint be substantiated, disciplinary action in the sole and absolute discretion of the Director or the Board of Directors shall be taken, up to and including termination of the individual’s relationship with the Corps and reporting the incident to appropriate law enforcement officials.
Similarly, false reporting will also not be tolerated. Should it be determined after appropriate investigation that an allegation was brought based upon revenge, anger, dislike or any other improper motive, the individual or individuals making the false report will be subject to immediate disciplinary action in the sole discretion of the Director or the Board of Directors.
NO RETALIATION – WHISTLEBLOWER POLICY
Retaliation against any Director, employee, student, parent, volunteer, agent, contractor or supporter of the Corps who raises concerns regarding potential violation of the law or of the Corps’ standards of conduct is prohibited. Retaliation against any individual for the good-faith reporting of real or potential compliance and policy violations is cause for immediate and appropriate actions, up to and including summary dismissal from the Corps in its sole discretion.
No director, employee, contractor, subcontractor, or agent of the Corps shall discharge, demote, suspend, threaten, harass, or in any other manner knowingly and intentionally discriminate against any individual in the terms and conditions of their relationship with the Corps because of any act done by the individual:
To provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the reporter reasonably believes constitutes a violation of state or federal law applicable to the Corps or the Corps’ policies and procedures, when the information or assistance is provided to, or the investigation is conducted by:
- any state or federal regulatory or law enforcement agency;
- any lawfully constituted investigative body; or
- a person with supervisory authority over the individual or such other person working for the Corps who has the authority to investigate, discover, or discipline misconduct; or
To file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed relating to an alleged violation of state or federal law applicable to the Corps.
Reports of real or potential violations of law or violations of the policies and procedures of the Corps shall be reported to the Director or the Chair of the Board of Directors, who shall take immediate action as deemed necessary and appropriate in their sole discretion to protect the health and welfare of the Members and all individuals associated with the Corps, up to and including reporting of the incident to appropriate law enforcement authorities.
SAFETY & WELL-BEING
Jersey Arts and Music, Inc & Encorps are committed to providing a safe and healthy environment for all who participate, volunteer, and educate in our organization. Member safety and well-being is of the utmost importance to us. Our administration consistently reviews and revises policies to continue to put our members safety first. We serve many young people of various ages and backgrounds, and we strive to be very clear about what is, and is not, acceptable behavior.
We welcome feedback about our policies. Please feel free to contact us with any concerns or comments you may have.
All volunteers, instructors, and administrators that work with Encorps are background checked prior to their work with the drum corps. Encorps hosts regular talks with members, and staff, on health, safety, and other member well being discussions. We have multiple resources created to outline what is acceptable for members & adults.
Jersey Arts and Music requires directors, employees, volunteers, and members to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. Employees and representatives of Encorps must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws, regulations, and ordinances.
While we hope that all those who come in contact with Encorps feel unhindered and unthreatened in raising concerns, complaints, and issues, we recognize that it is essential to also provide for confidential and anonymous submission of such concerns, complaints, and issues, to ensure ENcorps has the full opportunity to investigate and address any potential violations of policy, law, or ordinance in the conduct of our activities.
You may report any concerns or issues via this Anonymous Form below and it will be sent to Mona Garbely (Executive Director).
All submissions are anonymous and confidential. You do not need to include your name or contact information. We only collect the information you provide and the date/time it was submitted. No other identifying information is collected (no IP address, web browser, etc).