SAFETY & COMPLIANCE

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.

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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: 

1. Service as a positive role model for members, parents, and the community; 

2. Assessment, treatment, instruction, or supervision of members; 

3. 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; 

1. 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. 

2. 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. 

3. 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: 

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1. Any inappropriate use of language that is considered profane, vulgar or demeaning; 

2. Any sexual act; 

3. Any solicitation of a sexual act, whether written, verbal, or physical; 

4. Any act of child abuse, as defined by law; 

5. Any act of harassment, as defined by law; 

6. 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. 

7. 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 is 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.

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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.

1. Comply with all Board policies regarding appropriate and/or prohibited behavior with members including electronic communications with members directly or through the Internet.

2. 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. 

3. 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. 

4. Manage instructional sessions behavior to minimize disruption to the educational environment and refer members, when necessary, to the Board for disciplinary action. 

5. Comply with all administrative directives in a timely and professional manner, including written directives regarding specific issues or behaviors. 

6. Arrive to rehearsals, camps, performances, and any Élan-hosted event at an appropriate time designated by the Board or other appointed staff member(s).

7. 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. 

8. 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. 

 

IV. COMPENSATION

 

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.

1. The Staff Member Agreement will indicate compensation amount, required time frame (dates) of rendered service(s), and payment date.

2. 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. 

3. Any Staff Member who violates policies set forth by the Élan Youth Arts organization will not be guaranteed financial compensation (see Section V. SANCTIONS).

4. 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.

 

V.   SANCTIONS.  

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: 

   1) Warning
   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