CALGARY INTERNATIONAL FRINGE FESTIVAL SOCIETY - CODE OF CONDUCT
TABLE OF CONTENT

ARTICLE 1 – Purpose and Principles
ARTICLE 2 – Interpretation
ARTICLE 3 – Scope and jurisdiction
ARTICLE 4 - The Executive Director
ARTICLE 5 - Conduct of the Theatre and Participants
ARTICLE 6 – Harassment and Discrimination Prohibited
ARTICLE 7 – Records
ARTICLE 8 - Complaints
ARTICLE 9 – Informal Resolutions
ARTICLE 10 – Formal Complaints
ARTICLE 11 – Investigation ARTICLE 12 - Discipline ARTICLE 13 – Appeal


ARTICLE 1 - PURPOSE AND PRINCIPLES

1.1 The purpose of this Code is to provide guidance to Participants on the conduct required by law, or expected by the Calgary Fringe of them in the fulfillment of their duties and as a condition of their participation with the Calgary Fringe. This Code does not override the requirements of the law, and if there is any inconsistency between them and the applicable law, the applicable law governs.

1.2 The Calgary Fringe is committed to keeping Festival Activities free from Harassment. All Participants will treat each other and the public at the Festival or at other spaces or events for which the Calgary Fringe is responsible with respect and dignity. Harassment will not be tolerated. The Calgary Fringe acknowledges that, particularly where there is an imbalance of physical, social, or economic power, some people are not supported adequately by traditional legal structures.

1.3 This Code is not intended to be exhaustive. If issues outside the explicit provisions of the Code arise, they should be addressed in accordance with the Principles, or through the exercise of reasonable and ethical judgment.

1.4 The following Principles shall guide in the interpretation and implementation of the Code:
(a) The Artistic vision of the Calgary Fringe is to develop quality
Artistic environments that facilitate and promote Artistic risk, to challenge the audience, to facilitate peer to peer relationships among professional Theatre / Performing Artists, to create opportunities for Calgary Theatre / Performing Artists, to have audience participation that reflects the diversity of the Calgary Theatre Community, and to enhance the Calgary Theatre Community by including First Nations, Aboriginal, youth and emerging Artists in Calgary Fringe Activities;

(b) All people should be treated with absolute dignity and respect;

(c) Calgary Fringe Activities should be positive spaces free from Harassment;

The Calgary Fringe is committed to supporting people in dismantling the
(d) systemic oppression of peoples of colour, women, and disabled, queer, trans, and gender non-conforming people;

(e) This Code delineates an individual’s freedom to pursue a Complaint within the community of the Calgary Fringe, but does not limit the individual’s freedom to pursue a complaint within the public forums of the Alberta Human Rights Commission, the Department of Labour, Occupational Health and Safety, or the criminal or civil justice system;

(f) This Code is meant to govern individual conduct, and is not meant to censor or regulate creative content. The Calgary Fringe does not take responsibility for the content of Artistic works. Audiences consent to Artistic experiences by purchasing tickets and attending Calgary Fringe Activities, and have a responsibility to remove themselves if a particular performance is causing distress; and

(g) While the Calgary Fringe is committed to protecting Participants and members of the public from Harassment, it also supports Artists in exercising their right to be uncensored and unjuried in the taking of Artistic risks by which may be challenging to audiences.

ARTICLE 2 - INTERPRETATON


2.1 In this Code:

(a) “Artist” means a person who participates in the Festival or other Calgary Fringe Activities through the provision of live entertainment, including but not limited to any actors, performers, stage crew, technicians, writers, directors, or producers;

(b) “Board” means the Board of Directors of the Calgary Fringe.

(c) “Bullying” has the definition set out in Article 6.2(b).

(d) “CAFF” means the Canadian Association of Fringe Festivals, a non-profit organization whose membership includes the Calgary Fringe, including all of its member festivals.

(e) “Code” means this Code of Conduct, dated [NTD – DATE], and any amendments or additions hereto;

(f) “Complaint” means a Complaint made pursuant to Article 8.

(g) “Complainant” means a person who has made a Complaint.

(h) “Conflict of Interest” has the meaning set out in Article 4.3.

(i) “Discrimination” has the meaning set out in Article 6.2(d).

(j) “Employee” means an employee of the Calgary Fringe, including the
Executive Director;

(k) “Executive Director” means the person employed by the Board to be the Executive Director of the Calgary Fringe.

(l) “Festival” means the annual Calgary Fringe Festival and related events
presented and facilitated by the Calgary Fringe;

(m) “Formal Complaint” means a Complaint made or resolved in accordance with the process outlined by Article 10.

(n) “Harassment” has the meaning set out in Article 6, and includes Personal Harassment, Bullying, Sexual Harassment, Discrimination, Hate Speech, and Reprisal.

(o) “Hate Speech” means any expression or communication that a reasonable person, aware of context and circumstances, would view as likely to expose a person or persons to detestation or vilification on the basis of the prohibited grounds of Discrimination contained in Article 6.2(d).

(p) “Investigation” means the investigation of a Complaint pursuant to Article 12.

(q) “Investigation Report” means the report prepared by an Investigator in accordance with Article 11.5.

(r) “Investigator” means a third party investigator appointed by the Executive Director to investigate a Complaint pursuant to Article 11.1.

(s) “Participant” includes all Employees, Volunteers, and Artists, as well as any other person who agrees to be bound by this Code;

(t) “Personal Harassment” has the definition set out in Article 6.2(a) and includes Bullying.

(u) “Principles” mean the Principles listed in Article 1.3;

(v) “Respondent” a Participant who has been alleged to have breached the provisions of this Code in a Complaint;

(w) “Reprisal” has the meaning set out in Article 6.2(e);

(x) “Sexual Harassment” has the meaning set out in Article 6.2(c).

(y) “Calgary Theatre Community” includes other theatrical arts organizations and stakeholders;

(z) “Calgary Fringe” means the Calgary International Fringe Festival Society, a non- profit charity organization that promotes and presents Artist driven professional theatre, and includes any successor thereto;

({) “Calgary Fringe Activities” include any event organized, supervised, presented or facilitated by the Calgary Fringe, including but not limited to, the Festival.

(|) “Volunteer” means a person who volunteers their time or services to assist the Calgary Fringe in its endeavors, including, but not limited to, the Festival and other Calgary Fringe Activities, but not including any Employees or Artists, unless those Employees or Artists volunteer for the Calgary Fringe in a separate capacity;

2.2 The definitions set out in Article 2.1 shall apply equally to the singular and the plural.

ARTICLE 3 SCOPE AND JURISDICTION


1.1 The Code applies to all Participants.

1.2 The Code governs alleged violations that occur on or off Calgary Fringe property where there is a substantial connection with the Calgary Fringe or Calgary Fringe Activities.



ARTICLE 4 THE EXECUTIVE DIRECTOR

1.3 The responsibilities of the Executive Director include:

(a) Ensuring that official corporate records including statistics and files are clear, factual, relevant and complete.

(b) Receiving Complaints;

(c) Directing and overseeing formal Investigations, as outlined Article 12;

(d) Assessing Complaints and determining when a Complaint is beyond informal resolution and requires an Investigation. Specific duties include, but are not limited to, assessing Complaints and incidents, providing advice regarding an appropriate course of action, facilitating informal resolutions, and conducting Investigations;

(e) Maintaining an impartial stance in addressing issues of Harassment and ensuring due process is maintained;

(a) Upholding appropriate disciplinary measures when imposed, regardless of the authority or seniority of the respondent;

(b) Ensuring reasonable efforts are taken to educate Participants about this Code and the right to pursue Complaints if subjected to Harassment by another Participant;

(c) Performing a periodic review of the Code and for ensuring that its contents are promoted as outlined in the Code.

1.4 The Executive Director possesses the following powers:

(a) Subject to this Code, to resolve Complaints by an informal or formal process at their discretion;

(b) To conduct and facilitate Investigations;

(c) To impose Discipline in accordance Article 13 on Participants;

(d) Where an exceptional circumstance arises, to modify the procedures in this Code, providing the modification does not compromise due process. The Executive Director will note the modifications in the final Investigation Report or written decision; and

(e) The Executive Director may consult with legal counsel for the Calgary Fringe at any point in the execution of the responsibilities of the Executive Director or in a particular Investigation.

1.5 Where a Conflict of Interest is identified, the Executive Director shall advise the Chair of the Board, who will designate an alternate to act in place of the Executive Director to avoid the Conflict of Interest. The designated alternate will fulfill the role of the Executive Director delineated by this Code for the purpose of dealing with the matter in which the Conflict of Interest arises. A Conflict of Interest is any situation in which a fully informed person would reasonably conclude that the personal biases or relationships of the Executive Director may impact decisions made pursuant to this Code under the
circumstances of the situation in question. For greater certainty, Conflicts of Interest include but are not limited to:

(a) Complaints involving the Executive Director, in either their personal or official capacity, or members of the Executive Director’s immediate family, including their spouse, parents, children, and siblings;

(b) Complaints involving subject matter which, in the opinion of the Executive Director, would make it difficult for the Executive Director to remain impartial; and

(c) Situations where the Executive Director, or a member of the Executive Director’s immediate family, including their spouse, parents, children, and siblings, is in a position to derive a personal benefit from actions or decisions made by the Executive Director.


1.6 All matters considered by the Executive Director or the Calgary Fringe under this Code will be considered confidential, and will be treated as confidential information. However, the Calgary Fringe does not guarantee complete confidentiality because the Executive Director and the Calgary Fringe are legally obligated to take whatever legal action necessary to prevent Discrimination and Harassment and to correct it when it is identified. This Code also obligates all the Employees and Volunteers, including the Executive Director, to take administrative action to prevent and correct behavior in the community that interferes with the provision of a positive and productive working environment.

1.7 Consultations with the Executive Director under this Code will not be disclosed to others or acted upon without the permission of the person raising the concern, unless the Executive Director must disclose information or take action in cases where disclosure is required by law, the Complaint or situation has already come to the attention of another Calgary Fringe official, there is imminent danger to persons, abuse of power relations, or children are suspected.

1.8 Notwithstanding Articles 4.4 and 4.5, the Executive Director retains the discretion to provide notice to the Respondent pursuant to Articles 8.7 and 10.2, or to publish notices of Investigations and founded Complaints in the manner set out in Articles 12.1(d) and 12.3(d).


ARTICLE 5 - CONDUCT OF THE THEATRE AND PARTICIPANTS

1.9 As a condition of their participation in Calgary Fringe Activities, all Participants shall abide by the provisions of the Code.

1.10 Every Participant must:

(a) Read the Code; and

(b) Sign a Declaration, attached as Schedule “A”, confirming their understanding of this Code and commitment to comply with it.

1.11 Participants may be required from time to time to execute an updated Declaration to reiterate their understanding of and commitment to the Principles enunciated in this Code.

1.12 All Participants will treat each other and the public with respect and dignity.

1.13 Participants will ensure that their actions comply with all applicable federal and provincial laws and regulations, municipal bylaws and the Calgary Fringe policies.

1.14 The Calgary Fringe will take prompt and effective action to prevent and address known or apparent incidents of Harassment, whether a Complaint is received or not.

1.15 The Calgary Fringe supports Artists’ freedom from censorship of their Artistic endeavors when performing during Calgary Fringe Activities.

1.16 The Calgary Fringe will not tolerate Hate Speech, abuse from audience members, Employees, or Volunteers towards Artists.

1.17 The Calgary Fringe values Employees and Volunteers who disclose wrongdoing by other Participants, and the Calgary Fringe will protect the confidentiality of all Employees who report wrongdoing.

1.18 Employees and Volunteers bear the following responsibilities:

(a) Employees and Volunteers will not harass or endanger the health or safety of any person;

(b) Employees and Volunteers will not do or omit to do anything that creates a substantial and specific danger to the environment at Calgary Fringe Activities;

(c) Employees and Volunteers will be honest in their communications with one another and with all individuals regarding Calgary Fringe Activities;

(d) Employees and Volunteers will respect the right of other Participants to privacy, and will only access the personal information of others as may be required for his/her own work.

(e) Employees and Volunteers will be accountable for their conduct, and are expected to act professionally and with personal integrity, both in and out of the workplace, reflective of the Calgary Fringe’s values.

(f) Employees and Volunteers commit to support and defend the art that is presented at the Festival and at other Calgary Fringe Activities as long as its content does not infringe on another person's rights as outlined by the Federal and Provincial Government.

(g) Employees and Volunteers have an obligation to speak up and in good faith report possible violations of this Code by others to the Executive Director or the Chair of the Board.

1.19 Participants bear an ethical and legal responsibility to take prompt, effective action to prevent and address known or apparent incidents of Harassment, whether or not a Complaint is involved.

1.20 Incidents involving theft or misappropriation of funds or property or the care and safety of any individual may be reported to the appropriate authority for criminal Investigation.

1.21 Minor interpersonal relations issues such as personality conflicts with other Participants should be discussed with the Executive Director before a Complaint is made under this Code.

1.22 As a condition of their participation in Calgary Fringe Activities, all Participants shall disclose to the Executive Director;

(a) Any criminal charges or convictions against them relating to the Harassment of another person;

(b) Any civil claims involving Harassment in which they are named as a Defendant; or

(c) Any ongoing Investigations they are the subject of involving allegations of Harassment, including Investigations by the Alberta Human Rights Commission, the Department of Labour, Occupational Health and Safety, CAFF, or a member organization or stakeholder of the Calgary Theatre Community.

1.23 Subject to Article 5.16, the Executive Director shall not discriminate against any individual as the result of a disclosure made pursuant to Article 5.14.

1.24 If the Executive Director is of the opinion that the subject of a disclosure made by a Participant pursuant to Article 5.14 may be detrimental to the mental or physical health of a current Participant, the Executive Director may, at their discretion, commence an Investigation pursuant to Article 11 and impose discipline in accordance with Article 12.

1.25 The Executive Director and all Employees and Volunteers are bound to maintain the confidentiality of information received by them in their capacity as Employees and Volunteers of the Calgary Fringe. Information which is confidential, proprietary to the Calgary Fringe, or non-public must not be divulged to anyone other than persons who are authorized to receive the information.


ARTICLE 6

HARASSMENT AND DISCRIMINATION PROHIBITED

1.26 The Calgary Fringe encourages a positive, non-discriminatory and Harassment-free environment for all Participants.

1.27 For the purposes of this Code, Participants are strictly prohibited from engaging in the following behaviors:

(a) “Personal Harassment”: engaging in a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome. For the purpose of this Code, Personal Harassment includes comments or conduct initiated by a Participant towards another person, which causes humiliation, offence or embarrassment, or which has the purpose or effect of unreasonably interfering with the person’s work and/or creating an intimidating, humiliating, hostile or offensive environment. Ordinarily, repeated comments or conduct is required to demonstrate Personal Harassment, however single acts of sufficient severity may also constitute Person Harassment. Personal Harassment may include, but is not limited to:

(i) physically intimidating behaviour or threats;

(ii) use of excessive profanity or vulgarity directed at a particular person or group in an insulting manner;

(iii) ridiculing, taunting, belittling or humiliating another person;
(iv) derogatory name-calling;

(v) inappropriate or insulting remarks, gestures, jokes, innuendo or taunting;

(vi) unwanted questions or comments about a person’s private life;

(vii) posting or display of materials, articles or graffiti etc. (including social media/online), which may cause humiliation, offence or embarrassment;

(b) “Bullying”: a distinct form of Personal Harassment which may include, but is not limited to, the following:

(i) Loud, abusive behavior, directed towards a particular person or group;

(ii) Repeated unjustified criticism;

(iii) Shunning behaviors, including withholding information, deliberate isolation from colleagues, or exclusion from joint activities without justification; and

(iv) Repeated delegation of demeaning tasks;

(c) “Sexual Harassment”: may include, but is not limited to:

(i) Reprisal or threat of Reprisal for the rejection of a sexual solicitation or advance, where the Reprisal is made by a Participant in a position to grant, confer, or deny a benefit or advancement;

(ii) Unwelcome remarks, jokes, innuendo or taunting about a person’s body, attire, gender or sexual orientation;

(iii) Unwanted or inappropriate physical contact, such as touching, kissing, patting, hugging or pinching;

(iv) Unwelcome enquiries or comments about a person’s sex life or sexual preference;

(v) Leering, whistling or other suggestive or insulting sounds;

(vi) Making sexual or romantic solicitations or advances to another Participant after it has been made clear by the other Participant that such solicitations and advances are unwelcome;

(vii) Inappropriate comments about clothing, physical characteristics or activities;

(viii) Posting or display of materials, articles or graffiti etc., including on social media, that is sexually oriented and demeaning or insulting to a particular individual or group; and

(ix) Requests or demands for sexual favours, which include or strongly imply promises of rewards for complying or threats of punishment for refusal;

(d) “Discrimination” is a prejudicial treatment of any individual on the basis of a ground or perceived ground that is protected by the Canadian Charter of Rights and Freedoms or The Alberta Human Rights Code. Discrimination on the basis of these grounds, among others, is unlawful:

(i) Race;

(ii) National or ethnic origin;

(iii) Ancestry;

(iv) Colour;

(v) Creed;

(vi) Religion;

(vii) Age;

(viii) Gender or gender identity;

(ix) Sexual orientation;

(x) Family or marital status;

(x) Disability;

(x) Receipt of public assistance;

(x) Conviction for an offence for which a pardon has been granted or a record suspension has been ordered;

but, for the purposes of the Code, Discrimination does not include the selection of Artists to play certain roles on the basis of physical characteristics, so long as that the possession of that physical characteristic is reasonably necessary to allow the Artist to play the role. Discrimination also does not include programs or initiatives designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals, when those disadvantages would be or are based on or related to one or more of the grounds listed in this Article 6.2(d).

(e) “Reprisal”: Harassment involving any adverse action taken against an individual because he or she reported Harassment or other unwelcome behavior, complained about unwelcome behavior to other Participants during Calgary Fringe Activities, or participated in an Investigation or legal proceeding relating to a Complaint, including as a witness. Reprisal also includes adverse action taken against someone is associated with the individual opposing the unwelcome behavior, such as a family member. Examples of Reprisal include but are not limited termination from a play or other production, denial of future work opportunities, or any other adverse action that would discourage a reasonable person from opposing Harassment or other unwelcome behavior.

1.28 For greater certainty, Harassment for the purposes of the Code does not include Artistic endeavors, including plays, comedic routines, and other live performances, so long as such Artistic endeavors are not considered Hate Speech. The Calgary Fringe is not responsible for regulating Artistic content.


ARTICLE 7 RECORDS

1.29 Any information pertaining to Complaints or incidents will be filed by the Executive Director and maintained in the official Calgary Fringe files for a period of five (5) years or while any legal or official proceedings are pending. Access to such files shall be only through the office of the Executive Director and in the presence of a witness. Nothing shall be added to or deleted from the file without the written permission of the Executive Director, which shall be recorded on the file. After the period of retention, or in the event of the dissolution of the Calgary Fringe, the records will be destroyed. These records are strictly confidential and will be disclosed only when such disclosure is required by law, by legal or official proceeding, or in accordance with this Code.

1.30 Only the record of the Complaint, the Respondent’s response, if any, and any disciplinary action resulting from filed Complaints, if any such action is taken, will be retained on the Respondent’s file

1.31 Complaints determined to have been filed in bad faith, mischievously, or malevolently will be recorded in a Participant’s file, if applicable.

ARTICLE 8 COMPLAINTS

1.32 Persons believing they have been subjected to behavior by a Participant that violates this Code should immediately report their concerns directly to the Executive Director. In order to make a Formal Complaint, which can be investigated under this Code, the Complaint must be submitted in writing, dated, and signed by the Complainant.

1.33 Complaints must be made within two years of the date of the alleged incident.

1.34 Notwithstanding Article 8.2, the Executive Director may, at their discretion, accept a Complaint that is made outside of two years from the date of the alleged incident, recognizing that the purpose of the two year limitation period is not to silence Complainants but to encourage Complainants to bring Complaints within a reasonable time frame. In accepting a Complaint outside of the two year limitation period, the Executive Director may consider:

(a) The nature and severity of the Complaint;

(b) The systemic barriers that may have prevented the Complainant from bringing the Complaint within the two year limitation period;

(c) The availability of evidence and the ability of the Respondent to adequately respond to the Complaint; and

(d) The ability of the Executive Director to provide a meaningful resolution to the parties.

1.35 Any Employee or Volunteer who receives a Complaint, whether or not the Complainant is willing to meet with the Executive Director, will notify the Executive Director that there has been such a report. The Executive Director will keep a record of such reports.

1.36 The Executive Director shall address receipt of all Complaints within 30 days.

1.37 The Executive Director shall be responsible for promptly processing Complaints upon receipt. Upon receipt of the Complaint, the Executive Director shall meet with the Complainant in a confidential meeting to discuss the Complaint. After the initial assessment, the Executive Director shall make a determination with respect to the Complaint, and shall choose from the following options:

(a) To facilitate a resolution or to refer the matter for informal resolution;

(b) To proceed with the Complaint as a Formal Complaint, and consider an Investigation under this Code;

(c) To proceed directly to an Investigation;

(d) to not pursue the Complaint or portions of the Complaint if:

(i) the Complaint does not allege a breach of the Code or Harassment within the meaning the Code;

(ii) the Complaint or portions of the Complaint fall outside the jurisdiction or scope of the Code; or

(iii) the Complainant, after meeting with the Executive Director, does not wish to proceed with the Complaint or portions of the Complaint.

1.38 Notwithstanding Articles 4.4 and 4.5, if the Executive Director chooses to resolve the Complaint either formally or informally, the Executive Director shall provide notice in writing to the Respondent containing:

(a) A summary of the alleged breaches of the Code from the Complaint; and

(b) Sufficient facts to allow the Respondent to adequately respond.

With the consent of the Complainant, the Executive Director may include any other information in the notice to the Respondent which may be of assistance in resolving the Complaint.

ARTICLE 9 INFORMATION RESOLUTIONS

1.39 After completing the initial meeting with a Complainant, the Executive Director may refer the matter to informal resolution, which may include coaching, counseling, and facilitation to resolve the situation, or to prevent a situation from escalating to the point where a formal Investigation becomes necessary. If deemed necessary, the Executive Director may employ a resource person in a confidential capacity to assist at the informal resolution stage.

1.40 Informal approaches focus on resolving the problem between offended parties and re- establishing healthy practices between them within the community. Informal approaches do not focus on determining blame or actions of discipline. Informal approaches include consultation, clarifying conversations, mediating or facilitating a dialogue between the Complainant and the Respondent, and arranging for monitored education of the parties involved.

1.41 If the Executive Director has attempted informal resolution, and such resolution is not successful, the Executive Director may:

(a) discontinue proceedings pursuant to the Code; or

(b) with the permission of the Complainant, consider the Complaint as a Formal Complaint.

1.42 If the Executive Director, after meeting with the Complainant, or after unsuccessful informal resolution, has chosen to proceed with a Formal Complaint, the Complaint shall be addressed under the procedure set out in Article 10.

ARTICLE 10 FORMAL COMPLAINTS

1.43 Formal Complaints must be in writing, and signed by the Complainant in order to be considered valid Formal Complaints pursuant to this Code. Formal Complaints may be submitted via email to the Executive Director at michele@calgaryfringe.ca.

1.44 Notwithstanding Articles 4.4 and 4.5 of the Code, the Executive Director shall provide the Respondent with a de-identified written summary of the Formal Complaint at least 24 hours prior to interviewing the Respondent. The written summary provided to the Respondent shall be as close as possible to the written Complaint filed by the Complainant, allowing the Respondent to provide full response to the Complaint. The written summary shall be dated and include the contact information for the Executive Director.

1.45 Upon providing a written summary of a Complaint to the Respondent, the Executive Director shall arrange a time to interview the Respondent. The Respondent’s attendance at an interview arranged pursuant to this Article 10.3 is mandatory and a condition of their participation in Calgary Fringe Activities.

1.46 The Respondent may, in addition to the interview conducted pursuant to Article 10.3, submit a written response to the Complaint within five (5) business days of the date on the written summary.

1.47 The Executive Director, in consultation with the Respondent’s supervisor, if applicable, will have ten (10) business days from the date of the interview with the Respondent to decide if an Investigation is warranted. The decision to conduct an Investigation will be made after the Executive Director has reviewed the Formal Complaint, interviewed the Complainant and Respondent, and reviewed any response provided by the Respondent pursuant to Article 10.4.

1.48 In the Event that the Executive Director determines that no Investigation is necessary, the Executive Director may proceed to impose discipline against the Respondent pursuant to Article 12 or to discontinue proceedings. The Executive Director shall provide notice of the decision not to investigate to the Complainant and the Respondent in writing. The decision of the Executive Director not to investigate shall be dated.

1.49 The written decision will contain a determination as to whether or not, on the balance of probabilities and on the basis of the evidence before the Executive Director, a violation of this Code has occurred. The written decision will contain information on the procedures for appeal, as outlined in this Code. If indicated, the written decision will include recommendations of disciplinary or remedial action to be taken, and the basis for those actions. The Complainant, the Respondent, and the Executive Director, as indicated, receive written copies of the final decision.

1.50 The Complainant and the Respondent shall have three (3) business days from the date on the decision of the Executive Director not to investigate to make a request to the Executive Director to proceed with an Investigation. Unless the request is, in the opinion of the Executive Director, frivolous or without merit, the Executive Director shall proceed with an Investigation upon receipt of the request.

ARTICLE 11 INVESTIGATION


1.51 Investigations are undertaken for Formal Complaints that require a further Investigation and report pursuant to this Code. The Executive Director directs and oversees the Investigation and is responsible for the selection of an independent third-party Investigator. In addition, the Executive Director may assign a person or committee of persons to assist in carrying out the Investigation.

1.52 Once a decision is made by the Executive Director to refer a Complaint for Investigation, the Investigator shall be appointed, and the relevant materials shall be forwarded to the Investigator.

1.53 Investigations will be conducted in accordance with the following Principles of natural justice and due process. These include:

(i) the right of Respondents to be fully informed of any allegations and given an opportunity to respond to them;


1.54 The Investigator shall use reasonable efforts to complete the Investigation, including the Investigation Report to be prepared by the Investigator, within 60 business days of the time that the Investigator receives the materials from the Executive Director. To the greatest extent possible, an Investigation Report will be completed within 90 business days of the Investigator receiving the materials. However, where exceptional circumstances arise, procedural modifications may be made. A careful and timely completion of the investigative and decision-making process is to be given top priority by the administrators, Complainants and Respondents. Arrangements will be made as necessary to insure the integrity of the process is upheld.

1.55 Upon completion of the Investigation, a written Investigation Report will be prepared by the Investigator, and communicated to the Executive Director. The Investigation Report shall contain any recommendations for resolution that the Investigator may consider appropriate, but the recommendations shall not be binding on the Executive Director. The Investigation Report is handled solely by the Executive Director. The Investigation Report is not given directly to the parties involved.

1.56 The parties involved each receive the written summary of the findings of the Investigation Report provided by the Executive Director. With the summary, the Executive Director reiterates the option of all parties to submit a written response within 10 working days. The written summary, both to the Complainant and to the Respondent, will be acknowledged by a signed receipt, either by hand or by the postal or courier receipt.

1.57 Any written responses received within the 10 working days of response time will be considered in determining the final disposition of the Complaint. Any names submitted by the Complainant or Respondent to clarify the Investigator’s findings are given to the Executive Director. Thereafter, the response option in the process is closed while the option for appeal remains.

1.58 After the 10-day period for either party to provide additional submissions has elapsed, the Executive Director and the supervisor, as appropriate, will have 15 working days to implement any additional steps prior to making a final decision. Within 30 working days after the expiry of the 10-day period, the Executive Director shall prepare the final and written decision.

1.59 The written decision will contain a determination as to whether or not, on the balance of probabilities, a violation of this Code has occurred. The written decision will contain information on the procedures for appeal, as outlined in this Code. If indicated, the written decision will include recommendations of disciplinary or remedial action to be taken. The Complainant, the Respondent, and the Executive Director, as indicated, receive written copies of the final decision.

ARTICLE 12 DISCIPLINE

1.60 At any time after a Complaint is received and the Executive Director has assessed the Complaint, the Executive Director may, on an interim basis until the Complaint is resolved:

(a) Impose conditions generally or specifically on any area of the Respondent’s participation in Calgary Fringe Activities, including, but not limited to, the condition that the Respondent:

(i) Be excluded from attending certain Calgary Fringe Activities;

(ii) Report regularly to a designated Employee or Volunteer while
Calgary Fringe Activities are ongoing;

(iii) Refrain from contacting certain other Participants; or

(iv) Comply with any other limits on their participation in Calgary Fringe Activities that the Executive Director deems reasonable under the circumstances;

(b) In the case of an Employee, The Executive Director may suspend the Employee’s employment pending the resolution of the Complaint if:

(i) The Employee has had an opportunity to respond to the Complaint;

(ii) The allegations contained in the Complaint are, in the Executive Director’s opinion, of sufficient severity;

(iii) The Employee’s continued employment places other Participants at risk; and

(iv) A suspension is not contrary to any Calgary Fringe policies or provincial or federal legislation.

(c) Notwithstanding Articles 5.4 and 5.5, publish, without going into detail, that a Complaint has been made against the Respondent and that a resolution or Investigation is underway in a bulletin or notice sent to CAFF and the Calgary Theatre Community. Such a bulletin will not include charges or details beyond the fact that the Participant is the subject of an unresolved Complaint.

1.61 Where discipline is imposed pursuant to Article 12.1 while the Complaints process or Investigation is ongoing, any interim condition or suspension shall:

(a) be reviewed and either renewed or lifted if and Investigation exceeds 90 days from the date on which the Investigator receives materials from the Executive Director; and

(b) be lifted upon the final resolution of the Complaint.

1.62 Where a Participant has been found to have breached this Code, the Executive Director may:

(a) Take any of the actions set out in Article 12.1(a)-(c) on a temporary or permanent basis;

(b) Ban the Participant from any further participation in all Calgary Fringe
Activities on a temporary or permanent basis;

(c) In the case of an Employee, impose discipline in accordance with the employee’s employment contract and provincial employment legislation, up to and including dismissal; and

(d) Notwithstanding Articles 5.4 and 5.5, publish that the Participant has breached this Code and that discipline has been imposed, setting out the specific breaches and discipline imposed, in a bulletin or notice sent to CAFF and the Calgary Theatre Community. Such a bulletin would not contain any identifying information about the Complainant or any individuals other than the Participant whose conduct has been found to be in breach of this Code.

ARTICLE 13 APPEAL

1.63 In the event that a Participant disagrees with the decision or findings of the Executive Director, they may appeal the decision to the Board.

1.64 Any Appeal made pursuant to Article 14.1 shall:

(a) Be made in writing and include the reasons for the Appeal; and

(b) Be submitted to the Chair of the Board within ten (10) days of the date that the Participant received the decision of the Executive Director.

1.65 At their discretion, if the Appeal is not frivolous or without merit, the Board may assemble an Appeal Committee to review the Executive Director’s decision.

1.66 The Appeal Committee may request further information from any of the parties involved, and may, at its discretion, permit the Complainant and Respondent to make oral or written submissions.

1.67 After reviewing the file, and conducting any further Investigations deemed necessary, the Appeal Committee shall prepare a written decision and deliver it to the Participants involved.

1.68 In making its decision, the Appeal Committee shall have the same powers and responsibilities which are available to the Executive Director pursuant to this Code.

1.69 The decision of the Appeal Committee is final and binding. There is no further appeal from the Appeal Committee’s decision.


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SCHEDULE A
DECLARATION OF UNDERSTANDING and COMMITMENT TO COMPLY


DECLARATION AND AGREEMENT:

I hereby declare that I have read and understand the CALGARY FRINGE INTERNATIONAL FRINGE FESTIVAL SOCIETY'S CODE OF CONDUCT, and agree, and am committed to, complying with the statues and policies as outlined herein.

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