SAFETY & COMPLIANCE
Safety is everyone's responsibility! The information below outlines the various policies adopted by the Élan Youth Arts organization, and overseen by the organization's Safety & Compliance Officer. Also outlined are policies as mandated by Winterguard International (WGI) and Souther California Percussion Alliance (SCPA).
I. GENERAL POLICY STATEMENT
Adopted: October 28, 2015
Amended: August 1, 2021
The purpose of this policy is to establish and uphold uniform standards of conduct pertaining to those involved and associated with the Élan Youth Arts organization (Élan). These rules shall be binding on every person employed or contracted by Élan. The Élan Youth Arts Board of Directors (the Board) recognizes that they and all staff members play important roles in the educational achievements of the young people enlisted with any and all Élan Youth Arts performance units. Every staff member must exhibit the highest standards of honesty, integrity, morality, and fairness at all times. The Board expects the staff to serve as positive role models for members and to engage only in conduct and behavior that will contribute to an appropriate educational atmosphere. Staff members are expected to perform their duties in a competent and ethical manner without violating the public trust or applicable laws, policies, and/or regulations. Staff members are expected to avoid engaging in any conduct that creates or gives the appearance to the public of creating a conflict of interest with their instructional duties while employed or contracted with Élan.
II. STANDARDS OF PROFESSIONAL CONDUCT
In addition to the formal evaluation and review process targeted to enhance professional growth, the Board expects all staff members to adhere to certain professional standards of conduct and performance as set forth by the Board, and/or senior staff.
A. Disregard or Abandonment of Generally Recognized Professional Standards. The staff shall practice the professional standards of federal, state, and local law enforcing governing bodies. Any act in deliberate disregard or abandonment of generally recognized professional standards, in the course of any of the following professional practices, shall be prohibited:
Service as a positive role model for members, parents, and the community;
Assessment, treatment, instruction, or supervision of members;
Management of funds or property.
B. Dishonesty. The staff member shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of duties.
C. Misrepresentation or Falsification in the Course of Professional Practice. The staff member shall not deliberately falsify, misrepresent, or omit material information concerning his or her qualifications to be employed or contracted by Élan.
*Submission of information in the course of an investigation by a law enforcement agency, child protective services, or any other agency with the right to investigate, regarding any activity related criminal offense or accusation must be provided prior to employment or contracting; provided, however, that a staff member shall be entitled to decline to give evidence to law enforcement if such evidence may tend to incriminate the staff member as that term is defined by the Fifth Amendment to the U.S. Constitution.
D. Improper Remunerative Conduct and Conflicts of Interest. Unless prior notice and approval by the Board, either verbal or written, the staff member may not engage in the following;
The staff member shall not request or demand any compensation, benefit, or thing of any value other than the regular compensation for the performance of any service that he/she is required to render in the course and scope of employment or contract from any member, officer, staff, or parent.
No staff member may accept gifts from any person or group desiring to do or doing business with Élan unless such gifts are instructional products or advertising items of nominal value that are widely distributed.
This Rule shall not restrict the acceptance of gifts or tokens of minimal value offered and accepted openly from members, parents, or other persons in recognition or appreciation of service.
E. Treatment of Others. The staff member shall not commit any abusive act or any form of harassment with, to, or in the presence of a member or colleague, or through online activities and interactions, whether or not that member or colleague is or has been under the care or supervision of that staff member, as defined below:
Any inappropriate use of language that is considered profane, vulgar or demeaning;
Any sexual act;
Any solicitation of a sexual act, whether written, verbal, or physical;
Any act of child abuse, as defined by law;
Any act of harassment, as defined by law;
Any intentional solicitation, encouragement, or consummation of a romantic or physical relationship with a member, or any sexual contact with a member. The term "romantic relationship” shall include dating any member.
Élan Youth Arts fosters a working environment in which staff members, administrators, and members can report any witnessed questionable action(s) committed by anyone in or out of the organization without the fear of retaliation or retribution, and anonymity shall be respected and honored should a reporting individual make such a request; unless required to testify according to local, state, and federal laws. *If you see something, say something*
F. Confidential Information. The staff member shall keep in confidence personally identifiable information regarding members or their family members that has been obtained in the course of professional service, unless disclosure is required or permitted by law or professional standards, or is necessary for the personal safety of the member or others.
G. Unconstitutional or Discriminatory Acts. The staff member shall not willfully or maliciously violate the constitutional or civil rights of a member, parent/legal guardian, or colleague.
H. Alcohol or Controlled Substance Abuse. The staff member shall not:
1. Be under the influence of, possess, or use any controlled substance as defined by the Controlled Substances Act, without a prescription authorizing such use while attending or participating in Élan Youth Arts event(s), which includes but not limited to: rehearsals, performances, competitions, fundraising events.
2. Be under the influence of, possess, use, or consume an alcoholic beverage or a controlled substance, while serving in a direct instructional/supervisory capacity over members, or other minors.
3. Furnish alcohol or a controlled substance to any member, except as indicated in the professional duties of administering legally prescribed medications.
I. Criminal Acts. The staff member shall not commit any act or felony as defined and recognized under the laws of the United States, or of any individual state.
1. Any criminal incident(s) recognized as non-violent misdemeanors reported through a criminal background check will be assessed by the Board to determine severity of incident, and whether or not employment offer or contract shall be terminated, based on the reported incident(s)/act(s).
2. Any Felony or Misdemeanor convictions of violent crimes, sex-based crimes, or narcotics trafficking will result in immediate disqualification of employment.
J. Public Funds and Property. The staff member shall not misuse public funds or property, funds of a school-related organization, or colleague’s funds. The staff member shall account for funds collected from members, colleagues, or parents/legal guardians, if asked to do so. The staff member shall not submit fraudulent requests for reimbursement, expenses, or pay.
K. Prohibited Harassment and Retaliation. The staff member shall not directly or indirectly use or threaten to use any official authority or influence in any manner that tends to discourage, restrain, interfere with, coerce, or discriminate against any subordinate or any other staff or Board member, who in good faith reports, discloses, divulges, or otherwise brings to the attention of Élan or its governing Board, or any other public agency authorized to take remedial action, any facts or information relative to actual or suspected violation of any law regulating the duties of persons serving Élan.
L. Social Media and Online Interactions and Engagement. The staff member shall conduct his/her online and social media interaction(s) with members, staff, administration, competitors, colleagues, or the public at large throughout the marching activity and beyond with respect and professionalism.
1. Staff member will not publish or otherwise disclose organization confidential information.
2. Staff member will not respond to any competitor or other person posting negative or disparaging remarks about Élan, its membership, or staff.
3. Staff member will not use online platforms to harass or bully any individual, in or out of Élan.
4. Under no circumstances will any staff member distribute or disseminate inappropriate or offensive material to the members, staff, competitors, or administration, including but not limited to; Pornography, Violent content, Racist propaganda, or Crass humor.
5. While Élan Youth Arts and its Board of Directors condones and recognizes Freedom of Speech as afforded to every U.S. citizen under the 1st Amendment of the U.S. Constitution, any material(s) shared online with the propensity to attack, demean, alienate, or falls out of alignment with the values and policies set forth by the Élan Youth Arts organization shall be subject to review. Should the review by arbitration render the determination that shared materials violated the values and policies set forth by Élan Youth Arts, the Board of Directors will have final discretion of appropriate action(s), including staff member termination.
III. LOCAL STANDARDS OF CONDUCT
A. In addition to the above expectations in Section II, the Board expects all staff to be capable and adhere to these minimum requirements.
Comply with all Board policies regarding appropriate and/or prohibited behavior with members including electronic communications with members directly or through the Internet.
Direct all complaints regarding the work environment to the appropriate supervisors and/or file grievances instead of acting to undermine or diminish the authority of other staff members and Board officers.
Avoid confrontations with staff members, including but not limited to, engaging in actions or conversations, which the staff knows or should know, will result in an actual disruption.
Manage instructional sessions behavior to minimize disruption to the educational environment and refer members, when necessary, to the Board for disciplinary action.
Comply with all administrative directives in a timely and professional manner, including written directives regarding specific issues or behaviors.
Arrive to rehearsals, camps, performances, and any Élan-hosted event at an appropriate time designated by the Board or other appointed staff member(s).
Be able to successfully complete an online harassment training course no later than October 6, which shall be designated and arranged by the Board, and will be at no financial cost to the staff member. This training is a requirement, which shall prohibit the staff member from providing instruction to the members (prospective or current) if not completed, and subsequently lead to the staff members’ termination if training is not completed.
Provide consent to a background check prior to employment (see Appendix A).
B. Staff Members Personal Life. The personal life of a staff member will not be the concern nor warrant the attention of the Board unless it directly prevents the staff member from effectively performing assigned duties, poses a conflict of interest or disrupts the instructional environment, or poses a threat or danger to themselves or others.
1. In the event a staff member pursues a legal and consensual romantic relationship with a member during or post-season, the Board reserves the right and full discretion to terminate employment with the staff member at any time, as Élan Youth Arts and its Board do not condone, encourage, or permit romantic relationships between staff and members.
A. All staff members will be financially compensated with a pre-determined dollar (US) amount, which will be stipulated in the Staff Member Agreement. Every Staff Member agreement will be drafted specifically for the individual staff member.
The Staff Member Agreement will indicate compensation amount, required time frame (dates) of rendered service(s), and payment date.
Once Staff Member Agreement and offer has been extended and executed, contracts cannot be renegotiated, except in the event of early termination, in which the Board has full discretion to reevaluate and determine final compensation amount, and if terminated staff member will receive any financial compensation.
Any Staff Member who violates policies set forth by the Élan Youth Arts organization will not be guaranteed financial compensation (see Section V. SANCTIONS).
In the event of an early season cancelation, for any reason, whether imposed upon or self-imposed, Staff Member understands financial compensation will be distributed on a prorated basis to be determined by the Élan Youth Arts Board of Directors.
Any staff member who fails or is unwilling to comply with the standards set forth in this policy shall be subject to the applicable sanction(s), depending on the severity of the violation, which shall be at the discretion of the Board:
2) Verbal Reprimand
3) Contract Termination with Pay (decided through arbitration by the Board, with the option to prorate for service and time completed)
4) Contract Termination without Pay (decided through arbitration by the Board)
5) Other action(s) as deemed necessary by law or by the Board
Per the terms of employment or contract with Élan Youth Arts, a criminal background investigation will be conducted prior to the employment or contract of any staff member with Élan. Élan understands the rights and protection provided under the Fifth Amendment of the United States Constitution in regards to self-incrimination and furnishing circumstantial evidence during a current and/or ongoing investigation, not related to any employment, contract, or affiliation with Élan.
Élan Youth Arts will defer the background investigation to a legal and vetted third party, with all its granted and sanctioned rights to conduct and perform any and all investigations without bias or conjecture, or intentional due harm to the person(s) being investigated.
Should the investigation render any non-violent misdemeanors in an applicants criminal record, Élan Youth Arts Board of Directors will take the reported incidents into account and discuss the severity of the accounts to determine suitability for employment. However, the following are grounds for immediate disqualification for employment consideration:
Felony or Misdemeanor conviction of a violent crime
Felony or Misdemeanor conviction of a sex-based crime
Felony or Misdemeanor convictions related to the trafficking of people or animals
Felony or Misdemeanor convictions related to the trafficking of illegal narcotics
Felony or Misdemeanor convictions related to matters of grand theft
All information and reports will be obtained by the Executive Director in order to protect confidentiality, and will be disseminated by the Executive Director to the rest of the Board members as necessary.
All background investigation reports will be valid and kept on file two years from the investigation completion date, and will be subject to a background investigation renewal every two years.
*Please note this policy is fluid and subject to change frequently or as necessary to adjust and or accommodate public safety policy on local, state, and federal levels.
As the COVID-19 pandemic continues to propagate globally, the Élan Youth Arts Board of Directors monitor the ever-changing landscape pertaining to this virus. Below is essential information and facts that define what COVID-19 is, key information, and preventive measures as reported by the Centers for Disease Control and Prevention (CDC, www.cdc.gov):
COVID-19 is a respiratory disease caused by SARS-CoV-2, a new coronavirus discovered in 2019. The virus is thought to spread mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes, or talks. Some people who are infected may not have symptoms. For people who have symptoms, illness can range from mild to severe. Adults 65 years and older and people of any age with underlying medical conditions are at higher risk for severe illness. People 12 years and older are encouraged get COVID-19 vaccines to prevent getting and spreading the illness.
The virus that causes COVID-19 can spread through respiratory droplets when an infected person coughs, sneezes, or talks.
Symptoms may appear 2-14 days after someone is exposed to the virus and can include fever, chills, and cough.
Some people who are infected may not have symptoms, which is why everyone should take everyday preventive actions.
Anyone can have severe illness from COVID-19, especially older adults and people of any age with underlying conditions.
If you test positive or negative for any COVID-19 test, you still should take steps to protect yourself and others.
Get a COVID-19 vaccine if you are 12 or older. COVID-19 vaccines are safe, effective, and free!
Wash your hands with soap and water for at least 20 seconds. If soap and water are not available, use a hand sanitizer that contains at least 60% alcohol.
Avoid close contact with people outside your home. Stay at least 6 feet (about 2 arms’ length) from others.
Wear a mask in public, even if you don’t feel sick. The make cover will help protect others in case you are infected.
Cover your coughs and sneezes with a tissue or the inside of your elbow. Throw used tissues in the trash and then wash your hands with soap and water for at least 20 seconds.
Clean and disinfect frequently touched surfaces daily. This includes tables, doorknobs, light switches, countertops, handles, desks, phones, keyboards, toilets, faucets, and sinks.
Stay home if you have symptoms such as fever, cough, shortness of breath.
Seek emergency medical care if you develop severe symptoms, such as trouble breathing, chest pain, new confusion, inability to wake or stay awake, or pale, gray, or blue-colored skin, lips, or nail beds, depending on skin tone.
Taking in to consideration the severity of COVID-19, the Élan Youth Arts Board of Directors is implementing the following policy and procedures in regard to mitigating the spread of the infectious disease:
Masks & Face Coverings: Regardless of vaccination status, all staff, members, and volunteers are required to wear a mask at all times, whether indoor or outdoor. According to the CDC, wearing cloth face coverings (masks) is a protective measure in addition to social distancing (i.e., staying at least 6 feet away from others). Cloth face coverings may be especially important when social distancing is not possible or feasible based on working conditions. A cloth face covering may reduce the amount of large respiratory droplets that a person spreads when talking, sneezing, or coughing. Any individual, staff or member, who fails to comply with this policy will not be permitted to participate in any Élan related events, rehearsals, performances, or functions.
Shared Equipment: The sharing of any equipment will be avoided as much as possible. However, situations may arise in which two members may be required to handle the same equipment. In such a situation, Élan Percussion will provide disinfecting and sanitizing materials in which the shared equipment must be cleaned before being handed over to another member or performer.
Vaccinations: All staff and members that are vaccinated will be required to furnish official documentation or record of vaccination. Presenting the physical card of record will be scanned and filed, or a digital copy of record can be emailed to firstname.lastname@example.org. Digital records can be requested through https://myvaccinerecord.cdph.ca.gov.
Non-vaccinated: For individuals that are not vaccinated, a COVID test with a SARS-CoV-2 NEGATIVE result will have to be furnished on a weekly basis, prior to being allowed to participate in any Élan related events, rehearsals, performances, or functions. Failure to provide test results will be cause for the individual to be barred from attending any Élan related events, rehearsals, performances, or functions until the NEGATIVE test result is furnished.
Contact Tracing: Élan Percussion will conduct its own Contact Tracing program, which will be conducted and archived by the organization's Contact Tracing Program Coordinator (CTPG). Staff and members will be required to complete a short COVID questionnaire prior to arriving to any Élan event or rehearsal, which the results will be collected and recorded by the CTPG. For matters of privacy, staff and members will be be given access to the COVID questionnaire link.
Unannounced visitors will not be permitted to attend rehearsals at Élan's rehearsal facility. Prior notice must be provided and approved by Élan Youth Arts administration, and attendee will be required to complete the COVID questionnaire.
All reporting will be delivered on a weekly basis to the Élan Percussion Executive Director and the Élan Youth Arts Board of Directors President. Any incident reports regarding a POSITIVE COVID-19 case will be delivered immediately. Reporting will be shared with parties, entities, and partners that require reporting or are affected by POSITIVE COVID cases.
COVID PROTOCOLS & PROCEDURES
In conjunction with the processes and duties performed by the CTPG, the following guidelines detail the organization's handling of a POSITIVE COVID incident.
Early detection is key to the mitigation of COVID-19, which will take full transparency from every participant of Élan. It is important to understand and recognize the symptoms, which are classified in the following manner:
LOW RISK: COMMON SYMPTOMS
Fever (100.4 or above)
HIGH RISK: RED FLAG SYMPTOMS
Loss of Taste/Smell
INDIVIDUALS MUST STAY AT HOME OR WILL BE SENT HOME IF:
Individual has ONE LOW-RISK symptom and no COVID-19 exposure.
Individual has TWO or MORE LOW-RISK symptoms and no COVID-19 exposure.
Individual has ONE HIGH RISK symptom and no COVID-19 exposure.
Unvaccinated individual has been in CLOSE CONTACT with someone awaiting COVID-19 test results or someone with a confirmed positive COVID-19 test result.
Individual has a POSITIVE COVID-19 TEST result.
Regardless of vaccination status, any individual with symptoms must follow the above guidelines.
INDIVIDUALS MAY RETURN TO REHEARSALS OR EVENTS:
(ONE LOW-RISK SYMPTOM)
24 hours after significant improvement. Individuals may not return the same day.
(ONE HIGH-RISK or TWO or MORE LOW-RISK SYMPTOMS)
After a 10 day isolation period from onset of symptoms. Period of isolation may be reduced by one of the following:
Documentation by healthcare provider of alternative diagnosis for symptoms and improvement of symptoms without medication.
Documentation of negative COVID-19 test result after the onset of symptoms and improvement of symptoms without medication.
ISOLATION PROTOCOLS FOR A COVID-19 POSITIVE INDIVIDUAL
An individual that has tested POSITIVE for COVID-19 may return to Élan rehearsals and events after a 10 day isolation period from the onset of symptoms. If asymptomatic, 10 days from the positive test result.
Individuals may return to Élan rehearsals and events after isolation and improvement of symptoms without medication.
Unvaccinated individuals may be able to reduce the 10 day quarantine to 7 days if negative COVID-19 test is presented after the 5th day.
*All individuals engaged in in-person activities with Élan Youth Arts, whether they are staff, members, or administration, must comply with these policies, guidelines, and protocols. Failure to do so will merit dismissal; continued refusal can and will be cause for expulsion of the organization. Élan Youth Arts is adopting a ZERO TOLERANCE stand on this matter.
For more information regarding the COVID-19 virus, please visit the Centers for Disease Control and Prevention website: https://www.cdc.gov