Sexual Abuse and Misconduct Prevention Policy

Section 1

Statement of Policy

The Orchard Project (ADDA) provides procedures for employees, volunteers, board members, and any other victims of sexual abuse or misconduct to report such acts. Those reasonably suspected or believed to have committed sexual abuse or misconduct will be appropriately disciplined, up to and including termination of employment or membership, and may be referred for criminal prosecution.

No employee, volunteer, board member, or other person — regardless of their title or position — has the authority to commit or allow sexual abuse or misconduct.

Section 2

Definitions and Examples

The following definitions apply to all employees, volunteers, and third parties. Sexual abuse or misconduct includes but is not limited to:

• Child sexual abuse — any sexual activity, involvement, or attempt of sexual contact with a person who is a minor (under 18 years old) where consent is not or cannot be given
• Sexual activity with another who is legally incompetent or otherwise unable to give consent
• Physical assaults or violence, including rape, sexual battery, abuse, molestation, or any attempt to commit such acts
• Unwanted and intentional physical conduct that is sexual in nature, such as touching, pinching, patting, brushing, massaging someone’s neck or shoulders, or pulling against another’s body or clothing
• Display or distribution of pornographic or sexually explicit images, posters, calendars, or objects
• Unwelcome and inappropriate sexual activities, advances, comments, innuendoes, bullying, jokes, gestures, or electronic communications (including email, text, social media, and voicemail); exploitation, exposure, leering, stalking, or invasion of sexual privacy
• A sexually hostile environment — comments or conduct that unreasonably interferes with one’s ability to work or creates an intimidating, hostile, or offensive environment
• Direct or implied threats that submission to sexual advances will be a condition of employment or affiliation with the organization

Section 3

How to Report

Report suspected sexual abuse or misconduct immediately to the Artistic Director. You are not required to confront the person who is the subject of the report before notifying a designated contact.

The Orchard Project will take every reasonable measure to ensure that those named in a complaint — or those too closely associated with those involved — will not be part of the investigative team. If your concern involves the Artistic Director, please contact any of the board members or compliance contacts listed below.

Section 4

Anti-Retaliation and False Allegations

The Orchard Project prohibits retaliation against any employee, volunteer, board member, or other person who makes a good-faith complaint of sexual abuse or misconduct or who participates in any related investigation.

Making knowingly false or malicious accusations of sexual abuse or misconduct, or deliberately providing false information during an investigation, is also prohibited and subject to disciplinary action, up to and including termination and criminal prosecution.

Section 5

Investigation and Follow-Up

All allegations of sexual abuse or misconduct will be taken seriously and investigated promptly, thoroughly, and equitably. The Orchard Project may engage an outside third party to conduct an investigation. The organization will cooperate fully with any investigation conducted by law enforcement or regulatory and protective services agencies.

Every reasonable effort will be made to keep matters involved in an allegation as confidential as possible while still allowing for a thorough investigation.

Section 6

Reporting to Law Enforcement

The Orchard Project is committed to following all applicable state and federal legal requirements for reporting allegations or incidents of sexual abuse or misconduct to appropriate law enforcement and child or adult protective services organizations.

It is the policy of The Orchard Project not to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition of reporting that allegation to proper law enforcement authorities or protective services organizations.

Section 7

Screening and Selection

As part of its sexual abuse and misconduct prevention program, The Orchard Project maintains a diligent screening program for prospective and existing employees, volunteers, and others who may have interaction with those employed by, associating with, or served by the organization. Screening methods may include applications, personal interviews, criminal background checks, and personal and professional references.

Section 8

Supervision of Youth

To provide a safe environment for minors, The Orchard Project strives to have a minimum of two adult workers supervise or be in attendance with minors during any organization-related activity. The purpose is to avoid one-on-one interactions between adults and minors that are not easily observable by others.

If an individual meeting with a minor must take place in an office, the door must remain open. Closed-door meetings with a minor may only be conducted when another adult has been notified and the door remains unlocked.

Contacts

Reporting Contacts

If you need to report or discuss a concern, the following individuals are available. You may contact any of them directly, and conversations will be held in confidence.