1313 Music Association and Creative Music Workshop Respectful Workspace/Learning Environment Policy:

 

1313 Music Association (1313 MA) and the Creative Music Workshop (CMW) are committed to a safe, healthy, rewarding work and learning environment for its employees, contracted artistic workers, directors and officers,  collaborators and workshop participants. For the purposes of this policy, “workers” and “Students” will include all of the above.

 

Reason for the policy:

Harassment, sexual misconduct, abuse of power, and discrimination are unacceptable behaviors and will not be tolerated within our working/teaching culture and workplace. This includes but is not limited to any locations where 1313 MA conducts its work, including, but not limited to: the CMW campus; creation and rehearsal spaces; touring, residencies and related travel; performance spaces; events and fundraisers; and other public and private spaces and via social media channels where those in a contracted or voluntary relationship with 1313 MA/CMW are in contact with each other or the public.

We have developed this policy to ensure a safe and respectful workplace and workplace culture, and to deal quickly and effectively with an incident. Workers or Students who violate this policy may be subject to a range of disciplinary measures, including dismissal for cause and/or termination of existing or pending contracts as well as removal from currently running and/or future educational programs.

 

Effective Date:

This policy is in effect on and after June 10th, 2024. This policy will be reviewed annually at the society’s AGM.

 

Terms and Definitions 

Harassment, including sexual harassment, abuse of power, and discrimination are defined as engaging in a course of vexatious comment or conduct that is known or ought reasonably to have been known to be unwelcome. In Nova Scotia, the legislation that addresses workplace safety includes the Human Rights Act, the Workers Compensation Act, and the Occupational Health and Safety Act.

Examples of workplace harassment that will not be tolerated include:

  1. unwelcome remarks, jokes, innuendo or taunting for any reason;
  2. practical or vulgar jokes which cause awkwardness or embarrassment;
  3. stalking, leering, staring or gestures;
  4. physical or sexual assault.

Examples of sexual harassment that will not be tolerated include:

  1. unwanted touching or physical contact outside the normal and mutually acceptable course of creating or performing dance-art ;
  2. differential treatment of employees or co-workers;
  3. verbal or written jokes, teasing, and other communication of a sexual nature;
  4. demeaning language based on gender or sexual preference;
  5. graphic comments about an individual’s body;
  6. use of sexually degrading words to describe an individual;
  7. display of sexually suggestive objects and/or pictures in the workplace;
  8. unwelcome sexual flirtations, advances, or propositions;
  9. requests for sexual favors;
  10. indirect or expressed threats for refusal of a sexual request.

Examples of abuse of power that will not be tolerated include:

  1. verbal abuse or threats;
  2. condescension, intimidation, or paternalism which undermines self-respect.

Examples of discrimination that will not be tolerated include:

  1. harassing an individual because of characteristics enumerated in the N.S. Human Rights Act, including, race, religion, gender, sexual orientation, and disability;
  2.  imposing burdens, obligations or disadvantages on the basis of these characteristics.

Application

This policy applies to harassment, sexual misconduct, abuse of power, and discrimination occurring at the workplace, educational programs, in the course of work, performances or during any activities that could reasonably be associated with 1313 MA/CMW (as outlined above). 

 

Informal Resolution

On occasion, unacceptable behavior(s) as defined above can be dealt with directly and informally through communication with the person engaging in the unwelcome behavior.

Where workers or students feel comfortable doing so, they should communicate a clear message that the conduct or comments are offensive or unwelcome. However,  1313MA/CMW recognizes that there may be circumstances where direct communication is inappropriate. Although informal resolution is encouraged where possible, it is not a prerequisite to making a report under this policy.

Where a worker or student does not wish to bring the matter directly to the attention of the person engaging in the unwelcome behavior or where such an approach is attempted and does not produce a satisfactory result, the worker or student should report the unacceptable behavior as outlined below.

 

Making a Formal Report 

Incidents of unacceptable behavior should be reported as soon as possible after experiencing or witnessing such conduct. This allows an incident to be addressed in a timely manner. 

Workers or students are encouraged to report any incidents to a 1313 MA Core Committee or faculty member if during an educational program. If a 1313 MA Core Committee or faculty member  is the person engaging in the unacceptable behavior or if for any other reason it is not appropriate or possible to report the incident to a 1313 MA Core Committee or faculty member  (such as a real or perceived conflict of interest), contact the Chairperson of the Board of Directors.

An incident can be reported verbally or in writing. When reporting verbally, the 1313 MA or CMW faculty representative receiving the report will document the report in writing. 

The report should include the following information:

  1. name(s) of the person who has allegedly experienced unacceptable behavior;
  2. name(s) of the alleged proponents of the behavior(s);
  3. names of any witnesses or other persons with relevant information about the incident and contact information (if known);
  4. details of what happened including date(s), frequency and location(s) of the incident(s);
  5. any relevant supporting documents that the person making the report has in their possession.

 

Obligations

Once 1313MA/CMW has knowledge of a situation, the organization is obligated to take action, regardless of a lack of a formal report or in situations where a formal report has been made and the individual(s) making the report does not wish to pursue the matter.

Likewise, if 1313MA/CMW acquires information via a witness to alleged unacceptable behavior, the organization is obligated to follow-up and document the steps taken regardless of the wishes of the individual who experienced the alleged unacceptable behavior.

 

Confidentiality

Any individual involved in a complaint pursuant to this policy is expected to maintain confidentiality. All reports of unacceptable behavior shall be kept confidential except to the extent necessary to protect workers, to investigate the report, to take corrective action or otherwise as required by law.

The requirement for confidentiality is not intended to prevent individuals from seeking appropriate outside professional support (such as counseling or independent legal advice), although individuals should fully understand the role that any professional could play in an investigation and/or any subsequent processes.

Unless a 1313 MA Core Committee or faculty member  is in a real or perceived conflict of interest, the 1313 MA Core Committee, in coordination with the Board Chair will determine which two 1313 MA representatives will conduct the investigation. Should there be a conflict of interest, the Board Chair will determine who will conduct the investigation. 

Depending on the allegations and the people involved, the investigation may be referred to an external investigator, or may be investigated by 1313 MA’s representative. 

 

Outcome of Investigation

After the investigation is concluded, both the person making the report and the person alleged to have engaged in unacceptable behavior will be informed of the findings.

 

If 1313 MA concludes that there has not been a violation of this policy, there will be no documentation concerning the report placed on the files of the person making the report or the person alleged to have engaged in unacceptable behavior.

 

If 1313 MA concludes that there has been a violation of this policy, the worker or student who violated the policy will be disciplined appropriately.

 

No Retaliation 

 

Regardless of the outcome of a report made in good faith, the worker or student making the report as well as anyone providing information during an investigation will be protected from retaliation.

 

Reports Made in Bad Faith

A report made in bad faith shall constitute grounds for disciplinary action against the person making the report. A bad faith report is a report that is made with the intent to mislead or deceive, or with a malicious or fraudulent intent. 

 

External Reporting Options

Nothing in this policy prevents an individual from filing a complaint with the Nova Scotia Human Rights Commission or any other agency or from contacting the police if they believe that criminal activity has occurred. 

 

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