THE UN-SCRIPTED THEATER COMPANY
POLICY AGAINST HARASSMENT
It is the policy of the Un-Scripted Theater Company(R) (“Un-Scripted”) to maintain a working, performing and learning environment free from sexual, racial, age-based, religious, ethnic, disability, sexual orientation, gender identity and/or expression, and any other form of forbidden harassment of any Un-Scripted personnel, faculty, intern, performer, or student. Such harassment in any manner or form is expressly prohibited. It is also the policy of Un-Scripted that no individual be subjected to any unwelcome conduct that is or should be known to be offensive because of his or her gender, race, age, religion, ethnicity, disability, sexual orientation, gender identity and/or expression, or other protected category. Un-Scripted recognizes that, as a professional theater, the environment is not typical of all work places. The very work that we do can sometimes veer toward being “blue” or “R-rated,” and the atmosphere of Un-Scripted community is social as well as professional. It is not the intention of Un-Scripted to mimic an office environment. While this may require a more nuanced reading of social cues than the more clearly defined office environment, it is the hope of Un-Scripted that with a combination of communication, common sense, respect, and empathy, the community can create an environment that prioritizes safety.
All reported or reasonably suspected occurrences of forbidden harassment will be investigated (in accordance with the procedures outlined below) in a confidential manner and as promptly and thoroughly as is practical and necessary. Where forbidden harassment has occurred, Un-Scripted will take appropriate disciplinary, educational, or other corrective action, up to and including termination from a position or ensemble/cast membership at Un-Scripted, the loss of ability to perform at Un-Scripted or Un-Scripted-related events or the immediate revocation of a student’s ability to perform internship duties and/or take classes at Un-Scripted without compensation for time spent or refund of tuition paid.
There will be no retaliation against an individual who has complained about or reported alleged forbidden harassment or who has cooperated with an investigation of alleged forbidden harassment, regardless of the outcome of the investigation.
For purposes of this Policy, forbidden harassment includes the following:
Hostile Environment Harassment. Hostile environment sexual harassment may occur when there are unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Also, non-sexual conduct that is unwelcome and offensive and which is directed at an individual because of the individual’s gender may create a hostile environment. Racial, age-based, religious, ethnic, disability, sexual orientation, gender identity and/or expression, and other forbidden forms of harassment may occur when there is conduct which is motivated by or relates to an individual’s race, age, religion, ethnicity, disability, sexual orientation, gender identity and/or expression, or other characteristics protected by law or policy. Hostile environment harassment occurs when such conduct is sufficiently severe or pervasive and: (i) unreasonably interferes with an individual’s work, performance or ability to learn, or (ii) creates an intimidating, hostile, or offensive work, performance or learning environment.
“Quid Pro Quo” Sexual Harassment. “Quid Pro Quo” sexual harassment may occur when there are unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when (i) submission to such conduct is an explicit or implicit condition of employment, performance ability or student advancement, or (ii) submission to or rejection of such conduct is used as the basis for employment, performance, or educational advancement decisions.
Special Note On Civility and Professionalism
Un-Scripted believes the best way to avoid situations that may be construed as harassment is for all Un-Scripted personnel, faculty, interns, performers, and students to treat each other in a respectful and professional manner. Un-Scripted may, in the future, offer insights or guidelines on creating an environment of civility, but ultimately, respect is at the core of this philosophy.
Special Note On Consensual Banter / Private Conversations
Un-Scripted personnel, faculty, interns, performers, and students are expected to be sensitive to the fact that the content of private conversations, though not offensive to the parties involved, may be offensive to others if overheard; such parties will be held accountable if appropriate safeguards are not taken and the overheard conversation is found to create a hostile environment.
Special Note On Performance Harassment
Given the nature of Un-Scripted performances and class material, which could be considered offensive to some, it is not the policy of Un-Scripted to punish individuals or to stifle the creative abilities of performers whose artistic expression may be considered offensive to others. However, if it is determined that the offensive content of the performance was done in an effort to harass a particular individual from the stage or to express the performer’s hatred and/or intolerance to a protected individual or group, then appropriate disciplinary action may and will occur. Additionally, if it is determined that an individual performer or group of performers is pervasively offensive or harassing in their performances, disciplinary or corrective action will occur. Furthermore, if it is determined that behavior that was done without intent to harass but has nevertheless caused discomfort, fear, or other feelings of harassment in members of the community or audience, this behavior (at the time it is identified to leadership of Un-Scripted) will be pointed out to the performer or performers responsible. If the identified behavior is not remedied, corrective action may and will occur.
Un-Scripted’s policy prohibits harassment by Un-Scripted personnel, faculty, interns, performers and students against any person, as well as harassment directed towards Un-Scripted patrons, contractors, consultants, suppliers, vendors, visitors, and other non-employees or non-Un-Scripted-affiliated individuals, when such conduct occurs at Un-Scripted’s premises, performances, rehearsals, classes or Un-Scripted-affiliated events at remote locations in connection with Un-Scripted activities. Un-Scripted will make reasonable efforts to see that the actions of its agents, supervisory employees, coaches, and faculty are free from forbidden harassment, and will take appropriate corrective action when it learns of such forbidden harassment. Un-Scripted will also take appropriate corrective action in those instances where it, its agents, supervisory employees and faculty learn of forbidden harassment of any Un-Scripted personnel, faculty, intern, performer or student.
All levels of Un-Scripted management, supervisory employees, coaches and/or faculty will:
• Reject any offer or promise of sexual or other favors made by any employee, intern, performer or student in anticipation of or in exchange for some employment, performance, or educational decision and at the same time advise such employee, intern, performer or student that such an exchange violates Un-Scripted policy and will not be tolerated.
• Avoid forbidden harassment, including the appearance of such harassment, by refraining from actions, language, and jokes, which could reasonably be anticipated to offend an employee, intern, performer or student.
• Report to Un-Scripted management, in accordance with the procedures set forth below, any forbidden harassment that they observe, that is made known to them by others, or that they reasonably suspect has occurred.
• Assure Un-Scripted personnel, faculty, interns, performers and students as necessary that all forms of harassment are expressly prohibited, that Un-Scripted will investigate reported and suspected occurrences of forbidden harassment, and that Un-Scripted will take appropriate corrective action when forbidden harassment is found to have occurred.
Any Un-Scripted personnel, faculty, intern, performer or student who feels that she or he is being or has been subjected to forbidden harassment or who knows of or suspects the occurrence of forbidden harassment should promptly and in confidence inform either the cast liaison, house manager on duty, their show director, or their class teacher. If for any reason a person does not feel comfortable informing one of these individuals, or is not able to do so, that person should report the matter to the Company Manager or any staff or ensemble member. In addition, and while not mandatory, Un-Scripted encourages all personnel, faculty, interns, performers and students to advise the person engaging in the offensive conduct that the conduct is offensive and should be stopped. In addition, all house managers, directors, faculty and board members have an affirmative duty to report promptly to the Company Manager any forbidden harassment that they observe, that is made known to them by others, or that they reasonably suspect has occurred.
A member of the Un-Scripted community may feel that the best course of action is to address offending behavior directly to the person responsible without immediately including Un-Scripted leadership (though they may be subsequently included at any time). Un-Scripted supports this at the discretion of the community member and only when the community member does not feel that their safety or professional standing is in jeopardy. Un-Scripted emphasizes that it is imperative that the individual receiving this feedback maintain a respectful discourse. Retaliation or otherwise lashing out in any way is not acceptable behavior. The person receiving feedback may request the inclusion of Un-Scripted leadership if they disagree with the feedback or believe it is unfair. Un-Scripted encourages all community members to be open to receiving challenging feedback.
All reported occurrences of forbidden harassment will be investigated as promptly and thoroughly as is practical and as is required under the circumstances. The individual who makes the report or is the target of the alleged harassment will be assured that all forms of forbidden harassment are expressly prohibited, that Un-Scripted will conduct a confidential investigation, and that Un-Scripted will take appropriate corrective action if forbidden harassment is found to have occurred. Un-Scripted will designate the individual who will be responsible for conducting the investigation of the reported incidents of harassment. The timing, scope, and extent of the investigation will be determined by Un-Scripted on a case-by-case basis, considering the circumstances of the alleged harassment. All investigations will be conducted to protect, as much as practical, the privacy of all persons concerned. Un-Scripted expects all personnel, faculty, interns, performers, board members and students who are contacted in connection with an investigation to cooperate fully. Pending the outcome of an investigation, reasonably necessary and
prudent interim measures, such as the separation of the complainant and the alleged offender, suspension from Un-Scripted activities for the alleged offender, or temporary leave for the complainant, will be taken at Un-Scripted’s discretion, taking into consideration the complainant’s wishes, the seriousness of the accusations, the background of the situation, and any other relevant information.
Special Note On Reported Criminal Activity
If any Un-Scripted-affiliated person is accused by anyone of criminal activity that, in the eyes of Un-Scripted, arises to a level beyond mere harassment as described above, and, in the judgment of Un-Scripted, places in doubt the safety of Un-Scripted’s students, performers, faculty, staff, vendors or patrons, then the accused will be immediately and without investigation removed from all Un-Scripted-related activities until such time as Un-Scripted is satisfied that the accusations are and were unfounded. Should the accused appear at any Un-Scripted-related activities or venues following this removal, they will be considered to be a trespasser on Un-Scripted property and Un-Scripted will not hesitate to call authorities to remove the accused from Un-Scripted property. This revocation of Un-Scripted privileges will not be influenced by the failure of authorities to investigate or charge the accused with a crime. The reinstatement of the accused to any Un-Scripted-related activity or venue will be at the sole discretion of Un-Scripted.
Following an investigation, Un-Scripted will take such action that it deems necessary or appropriate under the circumstances:
No Violation. In the event that the investigation discloses insufficient grounds or basis to substantiate a violation of this policy, all necessary parties will be so advised.
Violation. In the event that the investigation discloses a violation of this policy, Un-Scripted will communicate its findings to both the complainant and the alleged offender. Based upon the totality of the circumstances, appropriate disciplinary, educational, and/or other corrective action, up to and including termination or removal of an individual from: an internship, a supervisory, management or directorial position, the ensemble, a coaching position, a board position, a faculty position, a class without refund or compensation; or revocation of a performer’s ability to perform at or attend performances at Un-Scripted or at a Un-Scripted-related event, will then be taken.The action taken will be reasonably calculated to prevent any further unacceptable conduct. It is within Un-Scripted’s discretion to determine the appropriate corrective action.
If the complainant or the alleged offender is not satisfied with the resolution, she or he is encouraged to contact the Company Manager of Un-Scripted. In the event an investigation of a reported or suspected occurrence of forbidden harassment reveals that the person has lodged a knowingly false or frivolous complaint, fabricated facts, or failed to tell the truth, Un-Scripted may take appropriate disciplinary and/or other corrective action.
No individual who reports or complains about forbidden harassment, or who assists Un-Scripted in its investigation, will be subjected to retaliation. Anyone who feels that she or he has been the victim of or threatened with retaliation should immediately inform one of the individuals identified above for the purposes of receiving reports of complaints.
UN-SCRIPTED THEATER COMPANY®
533 Sutter Street, Second Floor
San Francisco, CA 94102