Policies

The Park Na Conservatory of Violin & Cello does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients.

The Park Na Conservatory of Violin & Cello is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the bases of race, color, gender, national origin, age, religion, creed, disability, veteran’s status, sexual orientation, gender identity or gender expression.

Discrimination (Including Discriminatory Harassment)– Employment, Education, Programs and Services

I.Policy Statement

The Park Na Conservatory of Violin & Cello is committed to the principle of equalopportunity in education and employment. The university prohibits discrimination(including discriminatory harassment) against any student, applicant foradmission, employee, applicant for employment, affiliate, subcontractor, on-sitecontractual staff, agency employee, third party or community member, visitors tocampus and others participating in campus programs or receiving campusservices. The conservatory prohibits discrimination when it comes to any aspectof employment, including hiring, firing, pay, job assignments, promotions, layoff,training, fringe benefits, and any other term or condition of employment.

Discriminatory actions are prohibited based on an individual’s actual, perceived, or association with the following categories, herein called “protected class”:race/color; national or ethnic origin; age; religion; disability; sex; sexualorientation; gender; gender identity and expression; marital or parental status;military or veteran status; genetic information; and any other characteristicprotected under applicable university policy, state or federal law/executive order.

As addressed in separate policies, the university will provide reasonableaccommodations for applicants, employees, students, and others participating inconservatory programs and services who require reasonable accommodation fora disability. Further, the conservatory provides religious accommodationsrequired for applicants, students and employees as required by law.

The conservatory also prohibits retaliation based on a protected activity, such asthe filing of a complaint of alledged discrimination (including discriminatoryharassment) or participation in the investigation of such a claim. Any witness,complainant or respondent involved in an investigation shall not be retaliatedagainst for their participation in the fact-finding process.

The conservatory reserves the right to address, as an administrative matter,conduct that does not constitute a violation of this policy, but nevertheless isinappropriate in a professional work or educational environment.

The conservatory is committed to building and maintaining a diverse communityto reflect human differences and to improve opportunities for all The conservatoryis committed to equal opportunity, affirmative action, and eliminatingdiscrimination. This commitment is both a moral imperative consistent with ouronline community as well as in person gatherings that celebrates individualdifferences and diversity, as well as a matter of law.

The conservatory expects any student, applicant for admission, employee,applicant for employment, affiliate, subcontractor, on-site contractual staff,agency employee, third party or community member, visitors to our facility and/oronline and others participating in campus programs or receiving services to joinwith and uphold this commitment by conducting themselves in an appropriatemanner. It is the responsibility of all departments and all personnel, supervisoryand non-supervisory to promptly report all potential violations of this policy to theOffice of Equal Opportunity and Compliance.

The conservatory founders and board are also responsible for planning andimplementing the conservatory’s affirmative action program and monitoringaffirmative action-related decisions and activities in accordance with state andfederal law. The university maintains an internal system of compliance processesand reporting to help identify and address inequities in employment and anypolicies and practices that may hinder the fair and equal treatment of minorities,women, individuals with disabilities, and all protected veterans.

II.Scope of Application

This policy applies to any student, applicant for admission, employee, applicantfor employment, affiliate, subcontractor, on-site contractual staff, agencyemployee, third party or community member, visitors to campus and othersparticipating in campus programs or receiving services.

Except as described below or in specific conservatory policies, the policies andprocedures related to discrimination (including discriminatory harassment) forstudent, employee, affiliate, subcontractor, on-site contractual staff, agencyemployee, applicant for employment, third party or community member, visitorsto campus and others participating in campus programs or receiving services,are coordinated by our Executive Director:

Attention: Sonja Kinzesr
3803 NW Creekstone Blvd
Bentonville, AR 72712
443.525.9545

For information regarding policies and procedures pertaining to suspected hate crimes,please see Section XII of this policy.

III. Definitions

  • Affirmative Action​: Affirmative action is required under Executive Order11246. It is designed to promote equal employment opportunity forprotected class members in all policies and decisions affectingrecruitment, selection, assignment, promotion, training, transfer, demotion,layoff, recall, termination, rates of pay or other forms of compensation, andall other terms and conditions of employment.
  • Affirmative Action Plan (AAP)​: is a management tool which consists ofwritten set of specific, results-oriented procedures to be followed in orderto ensure equal employment opportunities. According to federal regulation41 CFR § 60-2.10, “an affirmative action program is a management tooldesigned to ensure equal employment opportunity. A central premiseunderlying affirmative action is that, absent discrimination, over time acontractor’s workforce, generally, will reflect the gender, racial and ethnicprofile of the labor pools from which the contractor recruits and selects.”Affirmative actions include training programs, outreach efforts, and otherpositive steps. These procedures should be incorporated into thecompany’s written personnel policies. Employers with written affirmativeaction programs must implement them, keep them on file and update themannually.
  • Applicant​: Any individual pursuing employment with the University bysubmitting appropriate application materials for a specific, vacant position.
  • Discrimination​: Discrimination is adverse action based upon anindividual’s actual, perceived, or association with a protected class.Disparate treatment occurs when an individual suffers less favorabletreatment than others because of the protected class. Disparate impact
    occurs when a policy, although neutral on its face, adversely impactspersons in a protected class.
  • Discriminatory Harassment​: (1) Unwelcome, protected class-basedverbal or physical conduct that (2) is sufficiently severe or pervasive that(3) it unreasonably interferes with, denies, or limits an individual’s ability toparticipate in or benefit from the university’s education or employmentprograms or activities; and (4) the creation of an intimidating, hostile, oroffensive environment.​* This definition does not include sexualharassment. See Sexual Assault and Sexual Harassment policy 418.1, forthe definition of sexual harassment.
  • Equal Opportunity​: Offers individuals a fair chance for participation in theworkplace or educational settings. Equal opportunities for employmentand admissions also benefit the organization by resulting in increaseddiversity.
  • Protected Classes​: Race/color; national or ethnic origin; age; religion;disability; sex; sexual orientation; gender; gender identity and expression;marital or parental status; military or veteran status; genetic information;and any other characteristic protected under applicable university policy,state or federal law/executive order.
  • Retaliation​: Any decision to adversely impact the employment oreducation environment, which is directed against individuals who comeforward with discriminatory or discriminatory harassment related concernsor complaints, as well as individuals who participate in an investigation.
  • Working Day​: A regularly scheduled workday, excluding those dayswhich are designated as holidays by the official university calendar or byaction of the Chancellor or Provost, unless otherwise specified herein.

IV.Timeframe for Reporting

Alleged discrimination (including discriminatory harassment) conduct must bereported by the individual subjected to the discriminatory action within 90 workingdays of its occurrence or in the event of termination of employment an individualhas 10 working days to report. However, under compelling circumstances, adelayed report of discrimination or discriminatory harassment may beinvestigated by the conservatory.

V.Confidentiality

Independent investigators request confidentiality from all parties and witnesses
involved in an investigation. During the course of an investigation, it will benecessary for investigators to provide details to people with a legitimate need toknow. This may include: (i) information provided to respondents to allow them tofully respond to the allegations; (ii) information provided to witnesses or otherpeople with whom investigators communicate in order to obtain or verifyinformation; (iii) where appropriate, information is shared with managementduring the course of an investigation to allow any necessary actions to be takenprior to the conclusion of the investigation. In addition, the identity of investigationparticipants and the details of the investigation may become known for reasonsoutside the control of the investigator.

VI.Records

Investigation records will be maintained by independently assigned investigators,including for statistical purposes and to document that the conservatory hasresponded to complaints. Investigation determinations and records ofadministrative actions taken in response will be kept in employee personnel filesif a complaint is substantiated. Further, such a record may be retained inpersonnel records where a finding of a violation of the university’s Discrimination(Including Discriminatory Harassment) Policy was not sustained but hereadministrative action was determined to be appropriate.

Records maintained by investigative board may include, but not limited to,information to document receipt of the complaint and that the university hasresponded to all complaints; notification of the person against whom a complaintis made as well as their response; steps taken to investigate the complaint; andwhether the complaint was a violation of policy. The records will documentactions taken to stop discrimination (including discriminatory harassment) andany actions taken, corrective or disciplinary.

The conservatory will comply with reporting obligations established by federalfunding agencies, including, but not limited to, any required disclosure ofinvestigative findings or disciplinary activity concerning researchers on federallyfunded projects.

VII.False Reports

Willfully making a false report of discrimination (including discriminatoryharassment) is a violation of conseratory policy and is a serious offense. Anyperson who willfully makes or participates in making a false or frivolous​[1]​ report under this policy may be subject to disciplinary action up to and includingtermination.

VIII.Managers, Supervisors and Administrators Responsibilities

Managers, supervisors and administrators are responsible for fostering andmaintaining a work environment free of discrimination (including discriminatoryharassment). A manager, supervisor or administrator who tolerates offensiveconduct or comments based on the protected factors in the workplace, even inthe absence of the individual who would be offended by the conduct, may serveto further encourage subordinates to engage in more of the same, and possiblyworse, conduct and may be responsible for fostering a hostile and/or offensivework environment.

Mangers, supervisors and administrators who witness or are informed of anemployee engaging in discrimination (including discriminatory harassment)should make reasonable efforts to stop the behavior and are obligated to reportthe incident to the Executive Director as soon as possible.

IX.Complaint Resolution

This section describes the general process used in reviewing and resolvingcomplaints. Note that specific steps, such as the timing of interviews, may varysomewhat based on the facts and circumstances of the matter.

  • Reporting Process​. Allegations can be made by individuals who aredirectly involved in, who observe, or who receive reliable information thatdiscrimination (including discriminatory harassment) may have occurred.An individual seeking to report discrimination (including discriminatoryharassment) should submit the Complaint Form to the Executive Directorinfo@parknaconservatory.org​ If an individual notifies a manager,supervisor, or administrator that they are being subjected to or witnesseddiscrimination (including discriminatory harassment), the manager,supervisor, or administrator should inform the individual that the Universityhas established procedures for addressing such issues refer the individualto the Office of Equal Opportunity and Compliance.
  • Understanding the complaint​. The first step the conservatory takes inan investigation is to gather information about the complaint. This usuallyinvolves interviewing the complainant and gathering any additionalevidence the complainant may have, including any documentation and thenames of any witnesses. In order to facilitate the investigation,complainants are strongly encouraged to share all information they haveregarding the matter. The investigator will use this information to
    determine if the allegations are best addressed by the board under theapplicable policies.
  • Support person​. Complainants and Respondents may have a supportperson present with them during the informal and formal resolutionprocess to provide emotional support. The support person is not permittedto answer questions or inject themselves into the interview process. Asupport person cannot be a party to the complaint or participate as apotential witness. Support persons must be identified to the board at leasttwo business days before the date of the meeting with the board’s officer.
  • Legal Counsel​. It is the complainant’s and respondent’s decisionwhether to seek the advice of an attorney, at their own expense, if theyfeel they need legal advice. Although anyone may seek legal advice, ourboard communicates and interacts with the parties and any witnesses, notwith their attorneys.
  • Interim Measures​. As appropriate, the Executive Director/and or boardwill put in place measures for the purpose of protecting the safety andwell-being of the complainant, the respondent, and/or the community;deterring retaliation; and preserving the integrity of the investigation andresolution process.
  • Participating in the process​. Complainants are not required toparticipate in the investigation process; however not participating may limitthe university’s ability to respond fully to the incident, including pursuingappropriate disciplinary action. Additionally, if university officials knowabout possible conduct that would constitute a complaint, the Universitywill investigate, to the fullest extent possible, to determine what occurredand take appropriate actions to resolve the matter.
  • Interviewing the respondent​. After the board understands the natureand scope of the complaint, the respondent is asked about the allegationsand given a full and fair opportunity to respond. The respondent is alsoasked to provide any documentation and to identify any witnesses relevantto the complaint. The complainant is not present during the respondent’sinterview and vice versa.
  • Preliminary Review. ​After the board understands the nature and scope ofthe complaint by reviewing the information provided by the complainantand respondent, the Executive Director will make a determination whetherthe matter is within the purview of the board, whether to make adetermination based on its preliminary review, or whether to conduct a fullinvestigation and gather other evidence.​[2]
  • Findings​. When an investigation is necessary, after reviewing all of therelevant evidence, the board will determine if there is a violation ofuniversity policy using the preponderance-of-the-evidence standard. TheExecutive Director will inform the appropriate conservatory officials andparties of the outcome.
  • Corrective Action​. While the board does not impose disciplinary action,the respondent should be aware that the conservatory takes allegations ofdiscrimination (including discriminatory harassment) and retaliation veryseriously. After the board conducts a fair, equitable, and timelyinvestigation, our board may recommend corrective action to theappropriate conservatory officials, if warranted. Such action can include,but is not limited to, specialized training, and other actions up to andincluding termination of employment or review.

X.Training

All new employees should receive training on preventing, reporting andaddressing discrimination (including discriminatory harassment) within the firstthree months of beginning employment. Each employee must receive refreshertraining at least every three years. Employees should receive the Park NaConservatory Acknowledgement of Policies.

XI.Limitations

Nothing in this policy shall be construed as creating rights or obligations inexcess of any requirements of applicable law and regulations.

XII.​Reporting Suspected Hate Crimes

If an individual believes that they have been a victim of a hate crime​[3]​, theyshould immediately report the crime to either campus, city, or state police. TheOffice of Equal Opportunity and Compliance may also investigate the actionunder this policy as an act of discrimination (including discriminatory harassment)based on a protected class.The email address to report an incident is:info@parknaconservatory.org​. The phone number of the Executive Director,Sonja Kinzer is: 443.525.9545

[1]​ For purposes of this policy, “frivolous” means plainly lacking any merit. This wouldinclude claims that are not made in good faith.

[2]​ As appropriate, our ED will interview witnesses and review documentation that hasbeen determined to be relevant to the situation. The ED may also contact thecomplainant and respondent with additional questions or to request additionalinformation.

[3]​ Hate Crimes: The victim was intentionally selected because of the perpetrator’s biasagainst the victim. For the purposes of the Clery Act, the categories of bias that mayserve as the basis for a determination that a crime is a hate crime would include thevictim’s actual or perceived race, religion, gender, gender identity, sexual orientation,ethnicity, national origin, and disability.

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