SEXUAL AND OTHER HARASSMENT POLICY
The purpose of the Sexual and Other Harassment Policy is to maintain a safe and comfortable space free from unlawful harassment of any kind for any reason, including freedom from harassment for any discriminatory reason and freedom from sexual harassment.
Guidelines
• Investigations of sexual and other harassment will remain strictly confidential to the extent possible. However, the Organization may need to disclose certain information in connection with the investigation and corrective measures taken.
• New York Live Arts employees are required to cooperate with all Organization investigations.
• If you become aware of objectionable conduct by any employee, supervisor, vendor, patron or client, immediately advise New York Live Arts leadership at compliance@newyorklivearts.org to ensure that such objectionable conduct does not continue.
• No retaliatory action will be taken against you for good faith reports of harassment. By way of example, any unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature may constitute sexual harassment when any or all of the following situations exist:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment. This would include, but is not limited to, explicit or implicit promises that, in return for sexual favors, an individual will receive career advancement, or improvement in terms of work, conditions or benefits of employment (e.g., evaluations, promotion, transfer, training, awards, compensation, and assigned duties).
(b) Submission to or a rejection of such conduct by an individual is used as a basis for any employment decisions affecting such individual. This would include, but is not limited to, explicit or implicit threats that the employee’s career or any terms, conditions or benefits of employment will be adversely affected if sexual advances or requests for sexual favors are rejected (e.g., non-promotion or transfer, reassignment to a less desirable position, location or work schedule).
(c) Such conduct has the purpose or fact of substantially interfering with performance or creates an intimidating, hostile or offensive atmosphere. This would include, but is not limited to, deliberately provocative behavior, unwelcome sexual flirtations, advances or propositions, abusive language or gestures, overtures or statements of a sexual nature, unnecessary touching (e.g., patting, pinching, hugging, brushing up against another employee’s body, and any other touching that is not required as part of a dance performance or rehearsal), graphic or verbal commentaries about an employee’s body, sexually-oriented jokes or pictures, sexually degrading comments, or offensive nonverbal behavior (e.g., leering or staring).
Harassment, whether committed by management, supervisors, employees, or patrons, is strictly prohibited. For example, sexually-oriented jokes, remarks, gestures, pictures or unnecessary touching, as well as any of the other conduct listed in the examples of sexual harassment outlined above, may often be offensive to others, and therefore are prohibited. Racial or ethnic remarks, slurs or jokes will not be tolerated.
If you believe you have been subjected to illegal discrimination or harassment, including sexual harassment, or have witnessed such an incident, follow these steps.
• If comfortable in doing so, you should consider making it clear to the offender that such behavior is offensive.
• You also must immediately notify compliance@newyorklivearts.org.
• Depending upon the allegations and other related circumstances, the Director of Finance or her designee in collaboration with ADP will determine next steps, including an investigation of the allegation. Such investigation will remain strictly confidential to the extent possible. However, the Organization may need to disclose certain information in connection with the investigation and any corrective measures taken. Should the investigation reveal that this Policy has been violated, the Organization will take immediate steps to prevent its reoccurrence. It is a condition of employment that employees cooperate with all Organization investigations.
• Policy violations will result in appropriate disciplinary action, which may include termination of employment.
• The Organization will adopt preventative and corrective actions to the extent warranted under the circumstances.
• Any supervisor or manager who becomes aware of allegations that may violate this Policy must immediately advise their supervisor or the Director of Finance to ensure that such conduct does not continue.
• Any supervisor, manager or employee who engages in such objectionable conduct is subject to discipline, up to and including termination of employment.
• No retaliatory action will be taken against any employee who in good faith complains of harassment. Conversely, a report made in bad faith will subject the reporting individual to corrective action, up to and including termination.
