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MAGNET THEATER POLICY AGAINST HARASSMENT AND MISCONDUCT

GENERAL POLICY OVERVIEW

Magnet Theater as an institution, and each of its instructors, creative and administrative managers, staff members and interns are very seriously committed to maintaining a safe and supportive environment where creativity can flourish.

The greater Magnet community is here to learn, perform, inspire each other, build careers, foster friendships, and make our lives better through an infinitely rewarding art form. The following policy is in support of those goals, and is in keeping with the values necessary to sustain a supportive educational and creative environment.

The Theater believes that with a combination of respect, communication, common sense, and empathy, the community can create an environment that prioritizes safety while also doing work of the highest quality.

It is the policy of Magnet Theater to maintain an educational, performing and working environment free from sexual, racial, ethnic, religious, age-based, disability, sexual orientation, and gender expression harassment. Such harassment is expressly prohibited.

No individual should 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, or gender identity and/or expression.

Magnet is a private institution and performing, taking classes, or participating in any other Magnet activity is always at the sole discretion of Magnet Theater.

Magnet Theater is within its rights to revoke, suspend, and/or permanently ban anyone from participating in some or all Magnet related activities, with or without cause.

Current or prior permission to take classes, perform, or enter any Magnet location is not a promise or guarantee of future permission.

The reinstatement of any permission to participate in any Theater-related activity will be at the sole discretion of Magnet Theater.

Where forbidden harassment has occurred by an employee, Magnet Theater may take disciplinary, educational, or other corrective action. This may include but is not limited to termination of employment.

Reports of forbidden harassment by non-employees of Magnet Theater, for example, students, occasional or regular performers, may result in disciplinary, educational, or other corrective action. Just as with other forms of misconduct, forbidden harassment may result in expulsion from classes without refund and prohibition from future enrollment, revocation of team membership at the Theater, the loss of ability to perform at the Theater or Theater-related events, loss of internship without compensation for time spent or refund of tuition paid, revocation of ability to participate in any and/or all Magnet Theater activities, and prohibition of entry to the Theater or Training Center locations.

When alleged harassment is reported, Magnet Theater may conduct an investigation, the extent, timing and scope of such investigation being at the sole discretion of Magnet Theater.

There will be no retaliation against an individual who has complained about or reported alleged forbidden harassment or who has cooperated with any investigation of alleged forbidden harassment, regardless of the outcome of the investigation.

Magnet Theater may, from time to time, revise this policy at its discretion without notice.

I. PROHIBITED CONDUCT

For purposes of this Policy, forbidden harassment includes the following:

“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 opportunity or student advancement, or (ii) submission to or rejection of such conduct is used as the basis for employment, performance opportunity, or educational advancement decisions.

All Magnet Theater instructors, employees, creative and administrative managers, interns, and agents are prohibited from making any offer or promise to any student, performer, employee, intern, or any other person, any employment, performance opportunity, or educational decision in exchange or anticipation of sexual or other favors. Further, they must refuse any offer or promise of sexual or other favors by any employee, intern, performer or student in anticipation of or in exchange for some employment, performance opportunity, or educational decision.

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. Hostile environment harassment occurs when such conduct is sufficiently severe or pervasive to and does: (i) unreasonably interfere with an individual’s work, performance or ability to learn, or (ii) create an intimidating, hostile, or offensive work, performance or learning environment.

Performance and Student Harassment

As a comedy theater and school, Magnet recognizes the environment is an atypical workplace. The creative work generated will sometimes include “blue” or “R-rated” material or topics. The Theater does not desire to police the comedic sensibilities or tastes of its performers or students.

Given the nature of performances at the Theater and in classes of material that, in some cases, could be considered offensive to some, it is not the policy of the theater 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, at the discretion of Magnet Theater, appropriate disciplinary action will occur.

Student Misconduct Policy

Students are required to be on-time to class and stay for the entire class period. Disturbances, such as tardiness, cell phone use, inappropriate comments, creating an unsafe or hostile environment, and other disrespectful or discourteous behavior will not be tolerated. Disruptive students may be subject to corrective action based on the discretion of the instructor and/or Magnet Theater, including verbal admonishment, prohibition from certain behavior(s), or expulsion without refund.

II. RESPONSIBILITIES

The Theater’s Policy prohibits harassment by Magnet Theater personnel, performers, instructors and interns, against any person, as well as harassment directed towards Theater patrons, contractors, consultants, suppliers, vendors, visitors, and other non-employees or non-Theater-affiliated individuals, when such conduct occurs at the Theater’s premises in conjunction with Theater related performances, rehearsals, classes or at Theater-sponsored events at other locations in connection with performances or classes conducted by the Theater at such other locations.

The Theater will make reasonable efforts to ensure that the actions of its instructors, employees, staff and interns are free from forbidden harassment. When it is notified of such forbidden harassment, Magnet Theater will, at its sole discretion, take appropriate corrective action.

Employees will report to Magnet Theater management any forbidden harassment that they observe.

Employees will assure Theater personnel, interns, performers and students as necessary that all forms of forbidden harassment are expressly prohibited.

Consensual Relationships and Dating
The nature of the work we do encourages connection, collaboration and community. Relationships, and even marriage and families, have grown from the social connections made at Magnet Theater. This policy is not intended to prevent the development of mature adult relationships.

However, it is within Magnet Theater’s jurisdiction to prohibit certain specific relationships through this policy. Magnet Theater has a strong commitment to creating an educational environment that serves students by providing a safe place to study and grow. In support of this, it is the policy of Magnet Theater that all instructors are prohibited from having any sexual relationship with his or her current student. Engaging in such activity is grounds for termination.

With regard to any sexual relationship between any Magnet Theater instructor and any student who is not currently enrolled in that instructor’s class, instructors are strongly discouraged from engaging in any such relationship. Any instructor who engages in a physical relationship with a current student not enrolled in his or her class, must disclose the relationship to the School Director at the earliest practicable time or may be subject to disciplinary action including termination. Magnet Theater also reserves the right, even if the instructor properly and promptly makes all required disclosures, to take disciplinary action at its discretion. This organization expects its instructors to demonstrate mature judgment, ethical and honest behavior, and to represent Magnet Theater as a role model both in the classroom, on stage, and in social situations throughout the larger community.

III. PROCEDURES

Making Complaints of Harassment
Students: Any student who feels that he or she is being or has been subjected to forbidden harassment, may report or otherwise notify their instructor. If a reporting student does not feel comfortable notifying their instructor, he or she may notify the Magnet Training Center School Director.

Performers: Any performer who feels that he or she is being or has been subjected to forbidden harassment, may report or otherwise notify the Magnet Theater Artistic Director. If a reporting student does not feel comfortable notifying the Artistic Director, he or she may notify any Magnet supervisory employee he or she chooses. All Magnet supervisory employees will accept complaints of harassment.

If a person does not feel comfortable informing any of these individuals, or is not able to do so, that person is also invited to report their complaint to Theater Co-Founder Ed Herbstman or Theater Co-Founder Armando Diaz.

Employees: Any Magnet Theater employee or intern who feels that he or she is being or has been subjected to forbidden harassment, may report or otherwise notify their supervisor. If an employee or intern does not feel comfortable notifying their supervisor, he or she may notify any Magnet supervisory employee at his or her discretion. All Theater supervisory employees will accept a complaint of forbidden harassment.

Investigation
Magnet is not a criminal justice or law enforcement agency, however, Magnet Theater takes allegations of misconduct very seriously. Magnet Theater may, at the discretion of the Theater, investigate complaints of misconduct. The timing, scope, and extent of any investigation Magnet chooses to conduct, will be determined at the sole discretion of Magnet Theater on a case-by-case basis, and may be informed by certain criteria, including but not limited to: the severity of the allegation, the urgency of the situation, and the resources available.

Special Note On Reported Criminal Activity
If any Theater-affiliated person is accused by anyone of criminal activity that, in the judgment of the Theater rises to a level beyond harassment as described above, and, in the judgment of the Theater, places in doubt the safety of the Theater’s students, performers, faculty, staff, team members, directors, vendors or patrons, then the accused will be immediately and without investigation removed from all Theater-related activities until such time as the Theater is satisfied that the accusations are and were unfounded. Such a determination will be at the sole discretion of Magnet Theater. Should the violator appear at any Theater-related activities or venues following this removal, they will be considered to be a trespasser on private property and the Theater will utilize law enforcement authorities to remove the person from Theater property. This revocation of Theater privileges will not be influenced by the failure of the complainant to involve law enforcement, or the failure of law enforcement authorities to investigate, charge, or convict the violator with a crime. Any reinstatement of any permission to participate in any Theater-related activity will be at the sole discretion of Magnet Theater.

Notification
It is within Magnet Theater’s right to revoke privileges or permission to participate in any or all Magnet Theater related activities with or without cause. Magnet Theater, at its sole discretion, may make notifications to the complainant and/or violator, the scope and detail of which will be determined by at the sole discretion of Magnet Theater.

If a person makes a knowingly false or frivolous complaint, fabricates facts, or fails to tell the truth, Magnet Theater may take appropriate disciplinary and/or other corrective action.

IV. NO RETALIATION
No individual who reports or complains about forbidden harassment, or who assists the Theater in its investigation, will be subjected to retaliation by the theater or any of its employees or agents. Anyone who feels that he or she 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. Any employee, agent, instructor, student or performer who retaliates against a person who reports or complains, or who assists the Theater with an investigation, shall be deemed to have violated this misconduct policy and to have engaged in forbidden harassment.