DISCRIMINATION AND HARASSMENT PREVENTION POLICY

1. Purpose

The Swamp Donkey Musical Theatre Society (“SDMTS”) is committed to fostering a safe volunteering, working, learning, and performing environment for all individuals including our board of directors, committee members, members, employees, contractors, volunteers, instructors, students, participants, production team, cast, crew, audience members, and other partners (“Partners”).  In this environment all individuals should be treated with dignity and respect, have equal opportunities, and be free from discrimination and harassment.

As such, SDMTS has developed the following policy to prevent discrimination and harassment and to deal with complaints of discrimination and harassment quickly and effectively should they arise.

2. Application

This policy applies to all of our Partners and to all behaviour that is connected to SDMTS’s activities, services, and operations including, but not limited to meetings, recruitment of employees and volunteers; training and development; compensation; promotional activities; fundraising activities; courses and workshops; musical theatre productions; other performances; and events.

3. Definitions of Discrimination and Harassment

Definition of Discrimination:

Discrimination is an action or decision that results in unfair treatment of an individual because of their race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.  These characteristics comprise the protected grounds set out in the Alberta Human Rights Act, R.S.A. 2000 c. A-25.5.

Examples of discrimination that will not be tolerated by SDMTS include:

  • denying an individual goods or services;
  • refusing to employ someone or treating them unfairly in the workplace;
  • paying individuals differently even though they are doing the same work; and
  • communicating hateful messages.

Duty to Accommodate:

SDMTS recognizes its duty to accommodate by making changes to our rules, standards, policies, and physical environments if they are found to discriminate against individuals based on the protected grounds set out above. 

Definition of Harassment:

Harassment is one form of discrimination that occurs when an individual is subjected to unwelcome verbal or physical conduct, intentional or otherwise, because of their race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, or sexual orientation.  Harassment that is linked to one of these protected grounds is prohibited under the Alberta Human Rights Act.

Examples of harassment that will not be tolerated by SDMTS include:

  • verbal or physical abuse;
  • derogatory remarks, jokes, innuendo, or taunts;
  • threats or intimidation; 
  • unnecessary physical contact; and 
  • unwelcome invitations or requests.

Sexual harassment is included under the protected ground of gender.  Some examples include:

  • unwanted sexual advances;
  • unwanted requests for sexual favours; and 
  • other unwanted verbal or physical conduct of a sexual nature.

4. What To Do In Response to Discrimination or Harassment

An individual who feels they have been discriminated against or harassed, should proceed as follows:

You may choose to approach the individual engaged in the offending behaviour to advise them their behaviour is unwelcome and ask them to stop immediately.

In the event that you do not feel comfortable approaching the individual, or you approach them and the behaviour continues, you should promptly report the matter to SDMTS at one of the following email addresses:

  • President of the Board of Directors:   swampdonkeytheatre@gmail.com; or
  • Artistic Director:                                 artisticswampdonkeytheatre@gmail.com

You also have the right to contact the Alberta Human Rights Commission to make a complaint of discrimination or harassment that is based on any of the grounds protected under the Alberta Human Rights Act.  Additional information, including contact information for the Commission, can be found at their website at albertahumanrights.ab.ca.

You may also report any incident of assault to the police.

5. Procedure When a Report of Discrimination or Harassment is Made

Gathering of Information:

Once SDMTS receives a report of discrimination or harassment we will immediately undertake a preliminary investigation into the allegation.  The report will be kept strictly confidential, subject to any legal requirements to the contrary.

The board of directors will appoint an individual to gather information about the matter.  This individual should not have any connection to the matter at issue or have a conflict of interest.  They will interview the complainant, the alleged offender, and any witnesses separately.  All information collected during this process will be kept confidential, subject to any legal requirements to the contrary.

Mediation:

Wherever possible and appropriate in the circumstances, SDMTS will attempt to resolve the matter through mediation.  

Mediation is voluntary and confidential.  It is intended to assist the parties in arriving at a mutually acceptable solution.

The mediator shall be a neutral party, agreed upon by both parties.  The mediator should not have been involved in the preliminary investigation of the complaint and should not have any connection to the matter at issue or be in a conflict of interest.

Each party to the complaint has the right to be accompanied by and assisted during the mediation session(s) by an individual of their choice.

Investigation:

In the event that mediation is not appropriate in the circumstances, is not agreed upon by both parties, or does not resolve the issue, an investigation may be undertaken into the complaint.

The investigator shall be an individual selected by SDMTS.  The individual shall have the requisite training and experience, preferably someone who is not affiliated with SDMTS.  The investigator should not have been involved in the preliminary investigation of the complaint and should not have any connection to the matter at issue or be in a conflict of interest.

The investigator will interview the complainant, the alleged offender, and any witnesses separately.

The investigator will prepare a report that includes a determination about whether, on a balance of probabilities, discrimination or harassment occurred.

Copies of the investigator’s report shall be provided to the board of directors, the complainant, and the alleged offender.

Resolution:

In the event the investigator finds the discrimination or harassment complaint is not substantiated, the board of directors will inform the complainant and the alleged offender of this decision.  No corrective action will be taken and no record of the reported violation will be placed on the alleged offender’s employment file, if any.

In the event the investigator finds the discrimination or harassment complaint is substantiated, the board of directors will inform the complainant and the offender of this determination.  The board of directors will ensure that a record of the reported violation is placed on the offender’s employment file, if any.  The board of directors will also decide upon the best course of disciplinary, educational, and/or other corrective action in the circumstances .  These measures may include termination from the board of directors; suspension or expulsion from the society; termination of the individual’s volunteer, employment, or contract position; removal from a course or workshop without refund or compensation; removal from the production team, cast, or crew of a production; or revocation of their ability to attend at and participate in SDMTS performances, activities, and/or events.

Privacy and Confidentiality:

All individuals involved in the discrimination or harassment complaint process including the complainant, alleged offender, witnesses, investigators, mediators, and the board of directors must keep the identities of the parties involved and the details of the complaint private and confidential, subject to any legal requirements to the contrary.  

Freedom from Retaliation:

Retaliation against individuals who reports discrimination or harassment or individuals who assists in an investigation is a form of harassment and a violation of this policy.  Anyone who feels they have been the victim of retaliation, or have been threatened with retaliation, should promptly report the matter to SDMTS in the manner outlined above.  SDMTS will take all necessary steps within its power to protect individuals from retaliation. 

6. Contact Information

Please contact us by email at swampdonkeytheatre@gmail.comif you require additional information about this policy.