SEXUAL AND OTHER UNLAWFUL HARASSMENT POLICY
The
MAA is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions,
words, jokes, or comments based on an individual’s sex, sexual
orientation, race, ethnicity, age, religion, or
any other legally protected characteristic will not be tolerated.
As an example, sexual harassment (both overt and subtle) is
a form of employee misconduct that is demeaning to another person, undermines
the integrity of the employment
relationship and may result in disciplinary action, up to and including termination of employment.
This policy applies both to staff and to those who do business with the
MAA. All the MAA staff members have the
right to work in an environment that is free from sexual harassment.
Sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors and other verbal and physical conduct of a sexual
nature, if:
- Submission to the conduct
is made either explicitly or implicitly a term or condition of employment
or for favorable treatment;
- Submission to or rejection
of the conduct is used as a basis for decisions;
- The conduct has the purpose or effect of unreasonably interfering with
one’s work or performance; or if
- The conduct has the purpose or effect of creating an
intimidating, demeaning or offensive work environment.
Sexual harassment may take
many forms, including, but not limited to, offensive
or suggestive jokes or remarks; inappropriate personal questions or
conversations; unwelcome physical contact such as patting, hugging or
touching; public display of sexually explicit, offensive or demeaning photographs; leering or ogling; sexual remarks
about someone’s clothing or body; unwanted
requests or demands for sexual activity; or repeated requests for dates
after having been told no.
Sexual harassment in its
extreme occurs when someone in a position of influence or control uses his or her authority or power to coerce a
relationship of a sexual nature or to punish refusal. Because of the
inherent power differential, courts may hold that a relationship of a sexual
nature (and perhaps a simply romantic nature) between a supervisor and a
subordinate constitutes sexual harassment
unless the subordinate actually welcomed (i.e., invited or solicited) the relationship and not merely consented to it. For this
reason, such relationships sometimes
result in sexual harassment complaints even though they began as
seemingly consensual relationships. The MAA strongly discourages relationships of a sexual or romantic nature between
a supervisor and a subordinate. The following are grounds for disciplinary action:
- Any form of threat or retaliation against someone who in good
faith makes a sexual harassment
complaint; or
- The submission of false information as part of a sexual
harassment.
A sexual harassment complaint
against a staff member may be submitted orally or in writing to any of the
following staff members:
- The Office Manager
- The Executive Director
- The President
MAA officials are required by
MAA policy and the law to conduct a prompt and impartial investigation of
sexual harassment complaints and to take appropriate action based on the
results of that investigation. Strict confidentiality of sexual harassment
complaints cannot therefore, be guaranteed. Information
in a sexual harassment complaint will be disclosed, however, only to the extent necessary to conduct an appropriate
investigation, and otherwise will be kept confidential.
It is the obligation of all
employees to safeguard the integrity and reputation of the MAA. Should any
employee feel that she or he has knowledge of misconduct, malfeasance,
defalcation, breach of trust, or any other act likely to harm the MAA’s
finances, operations or reputation, he or she should report that knowledge to
the Executive Director or to the Office Manager. Such reports will be kept confidential.
If for
any reason employees are not comfortable reporting to the MAA’s management, they are encouraged to report directly to
the Executive Committee, either through the President or through any other
member. Such reports will be kept confidential. Employees may also make such a report to the MAA’s outside auditors.
The Medieval Academy is committed to
ensuring that it provides a workplace for its employees at which business
practices are ethical and comply with federal and state law. Employees should
report any unethical or dishonest conduct, or potential violation of federal or
state law.
The MAA’s Board of Directors will oversee
treatment of employee complaints. The Executive Director has the delegated
authority to develop, implement and, from time to time revise, procedures to
facilitate the confidential and, to the extent possible, anonymous reporting of
complaints by employees regarding the MAA’s business practices. The Executive
Director will develop procedures regarding the review, retention and treatment
of employee complaints, and will provide such procedures to the MAA’s
employees.
The MAA will not discharge, demote, suspend,
threaten, harass or in any manner discriminate against any employee in the
terms and conditions of his or her employment based upon any lawful actions of
such employee with respect to good faith reporting of complaints or as
otherwise specified in Section 806 of the Sarbanes-Oxley Act of 2002.
If
an employee believes that he or she has been subjected to any action that
violates this policy, he or she should file a complaint with his or her
supervisor, the General Counsel or the Executive Committee or Council. If it is
determined that an employee has experienced any improper employment action in
violation of this policy, the MAA will take prompt and appropriate corrective
action.
Employees, officers
and agents have an obligation to conduct business within guidelines that
prohibit actual or potential conflicts of interest. This policy establishes
only the framework within which the MAA wishes the organization to operate. The
purpose of these guidelines is to provide
general direction so that employees can seek further clarification on
issues related to the subject of acceptable standards of operation.
An actual or
potential conflict of interest occurs when an employee, officer or agent is in
a position to influence a decision that may result in a personal gain for that
employee, officer or agent or for a relative as a result of the MAA’s business
dealings. For the purposes of this policy, a relative is any person who is
related by blood or marriage, or whose relationship with the employee is
similar to that of persons who are related by blood or marriage.
No "presumption of guilt” is created by the mere
existence of a relationship with outside firms. However, if an employee,
officer or agent has any influence on transactions involving purchases,
contracts, or leases, it is imperative to disclose to the Executive Director or to the President as
soon as possible the existence of any actual or potential conflict of interest
so that safeguards can be established to protect all parties.
Personal gain may
result not only in cases where an employee, officer or agent or a relative of
an employee, officer or agent has a
significant ownership in a firm with which the MAA does business but also when an employee, officer or agent or a
relative of an employee, officer or agent receives
any kickback, bribe, substantial gift, or special consideration as a
result of any transaction or business dealings involving the MAA..
The materials,
products, designs, plans, ideas, and data of the MAA are the property of the
MAA and should never be given to an outside firm or individual except through normal channels and with
appropriate authorization. Any improper
transfer of material or disclosure of information, even though it is not
apparent that an employee has personally gained by such action, constitutes unacceptable conduct. Any employee,
officer or agent who participates in such a
practice will be subject to
disciplinary action, up to and including severing of the relationship with the
MAA. Although it is not a conflict of
interest to reimburse Council Members for expenses incurred (such as the
purchase of supplies or travel), Council Members are prohibited by law from
being paid for serving on the Council. Generally,
the MAA will not act as the agent or conduit on any grant application or fund-raising
effort by an individual or institutional member of the MAA.
The Medieval Academy is committed to
providing all employees a healthy and safe work environment. The Medieval
Academy will ensure that procedures exist to allow complaints of bullying to be
dealt with and resolved within the Medieval Academy, without limiting any
person’s entitlement to pursue resolution of their complaint with the relevant
statutory authority. The Medieval Academy is committed to the elimination of
all forms of bullying.
This policy applies to all employees of the
Medieval Academy. It applies during normal working hours, at work related or
sponsored functions, and while traveling on work related business. There will
be no recriminations for anyone who in good faith alleges bullying.
DEFINITIONS
Bullying is unwelcome or unreasonable
behavior that demeans, intimidates or humiliates people either as individuals
or as a group. Bullying behavior is often persistent and part of a pattern, but
it can also occur as a single incident. It is usually carried out by an
individual but can also be an aspect of group behavior (see "mobbing” below).
Some examples of bullying behavior are:
Verbal communication
·
Abusive
and offensive language
·
Insults
·
Teasing
·
Spreading
rumor and innuendo
·
Unreasonable
criticism
·
Trivializing
of work and achievements
Manipulating the work environment
·
Isolating
people from normal work interaction
·
Excessive
demands
·
Setting
impossible deadlines
Psychological manipulation
·
Unfairly
blaming for mistakes
·
Setting
people up for failure
·
Deliberate
exclusion
·
Excessive
supervision
·
Practical
jokes
·
Belittling
or disregarding opinions or suggestions
·
Criticizing
in public
Context is important in understanding bullying, particularly
verbal communication. There is a difference between friendly insults exchanged
by long-time work colleagues and comments that are meant to be, or are taken
as, demeaning. While care should be exercised, particularly if a person is
reporting alleged bullying as a witness, it is better to be genuinely mistaken
than to let actual bullying go unreported.
Mobbing
Mobbing is a particular type of bullying
behavior carried out by a group rather than by an individual. Mobbing is the
bullying or social isolation of a person through collective unjustified
accusations, humiliation, general harassment or emotional abuse. Although it is
group behavior, specific incidents such as an insult or a practical joke may be
carried out by an individual as part of mobbing behavior.
Bullying is unacceptable behavior because it
breaches principles of equality and fairness, and it frequently represents an
abuse of power and authority. It also has potential consequences for everyone
involved.
For those being bullied
People who have been bullied often suffer
from a range of stress-related illness. They can lose confidence and withdraw
from contact with people outside the workplace as well as at work. Their work
performance can suffer, and they are at increased risk of workplace injury.
For the employer
Besides potential legal liabilities, the
employer can also suffer because bullying can lead to:
·
Deterioration
in the quality of work
·
Increased
absenteeism
·
Lack of
communication and teamwork
·
Lack of
confidence in the employer leading to lack of commitment to the job
For others at the workplace
People who witness bullying behaviors can
also have their attitudes and work performance affected. They can suffer from
feelings of guilt that they did nothing to stop the bullying, and they can
become intimidated and perform less efficiently fearing that they may be the
next to be bullied.
Managers and supervisors
·
Ensure
that all employees are aware of the anti-bullying policy and procedures
·
Ensure
that any incident of bullying is dealt with regardless of whether a complaint
of bullying has been received
·
Provide
leadership and role-modeling in appropriate professional behavior
·
Respond
promptly, sensitively and confidentially to all situations where bullying
behavior is observed or alleged to have occurred
Employees
·
Be
familiar with and behave according to this policy
·
If you
are a witness to bullying, report incidents to the Executive Director or
President, as appropriate
·
Where appropriate,
speak to the alleged bully(ies) to object to the behavior
·
Any
employee who feels he or she has been victimized by bullying is encouraged to
report the matter to the Executive Director or President.
·
Where
appropriate, an investigation will be undertaken and disciplinary measures will
be taken as necessary.
The following policies and procedures will be followed at
all times to purchase supplies, property, equipment and services from an
external source:
No Medieval Academy officer, employee, and/or agent will
participate in the selection, award, and/or administration of any contract for
equipment, materials, and supplies or consulting or professional services if a
real or apparent conflict of interest would be involved. Such a conflict will
arise when:
1.
the employee, officer, or agent;
2.
any member of his/her immediate family;
3.
his/her partner; or
4.
an organization which employs or is about to
employ, any of the above
has a financial or other interest in
the firm or individual selected for award.
The MAA’s officers, employees, and/or agents shall neither
solicit nor accept gratuities, favors, or anything of monetary value from
contractors, potential contractors, or parties to sub-agreements.
The MAA will conduct a cost or price analysis and document
such analysis in the procurement files in conjunction with every procurement
action. If a contract is competitively bid, the Medieval Academy will enter
into a contract with the winning bidder that specifies the services to be
completed and payment terms. At a minimum, to adequately evaluate contractor,
consultant, and supplier performance, the MAA will evaluate the performance of each
respective provider of goods and services at the completion of each contract.
This evaluation will be utilized when making award decisions for future
contracts. Evaluations may be conducted on a more frequent basis if deemed necessary.
Procurement records and files will include the basis for
contractor selection, justification for the lack of competition when
competitive bids or offers are not obtained, and basis for award.
The following procurement procedure applies to all purchases
of goods and services, including equipment, materials, supplies and
professional and consulting services.
Employees will conduct all procurement transactions in a
manner that maximizes free and open competition. Awards should be made to the bidder or offeror
whose bid or offer is responsive to the solicitation and is most advantageous
to the recipient, after consideration of price, quality and other factors. The MAA
reserves the right to reject any and all bids or offers, if deemed to be in its
best interest.
The MAA may select from numerous methods of procurement, depending on the
amount of the purchase and other considerations. Following are a few examples
of possible procurement procedures that the Medieval Academy may choose to use:
Open Market
Inquiry. The Executive Director, or other qualified individuals delegated by the
Executive Director, may inquire in the open market to ensure that the price and
quality is the most advantageous to the MAA.
Request Competitive
Oral Quotes. The Executive Director or his/her designee may request competitive
quotes orally. A file shall be kept with an abstract of invitations made and
offers received.
Request Written
Quotes from at Least three Different Sources. For purchases and contracts involving a
single project or activity, the Executive Director or his/her designee may
request and receive written quotations from at least three independent sources.
A file shall be kept with an abstract of invitations made, offers received, and
the criteria for selection.
Request Written
Competitive Responses through a Formal Request for Proposal Procedure. For large
purchases and contracts, the Executive Director or his/her designee may solicit
competitive responses through a formal written request for proposal procedure.
Bids will remain sealed until the opening time designated in the request for
proposals. All requests for proposals shall contain the phrase "Equal
Opportunity Employer."
For the largest purchases the MAA makes ($10,000 and above), after
reviewing the bids received, the Executive Director or his/her designee shall
make a recommendation to the MAA Executive Committee regarding which bid to
accept. A majority of the committee must accept the bid via formal vote before
a contract is executed for the service.
A file shall be kept with a copy of the request for proposal, a list of
individuals/organizations solicited for bids, and a bid sheet that lists the
bids received by individual/organization and their respective bid price. In all
instances in which the lowest bid is not awarded the contract, justification
documentation, such as a memo outlining the selection criteria, shall be placed
in the file.
When purchasing property (both real property and equipment),
the following procedures will be followed:
Title to all property purchased with federal funds will vest
with the Medieval Academy.
Property records will be kept showing the general name of
the property, identification number, original cost, and depreciated value.
These records will be reviewed and necessary revisions made on an annual basis
at the end of the Medieval Academy's fiscal year.
The MAA will provide the equivalent insurance coverage for
real property and equipment regardless of how the property was acquired by the
organization.
Equipment purchased with federal funds, with a purchase
price in excess of $5,000, is generally considered the property of the federal
government and must be disposed of through a set procedure. When disposing of
equipment with an acquisition cost in excess of $5,000, the MAA will follow the
respective funding program's disposal regulations.
When purchasing goods and services through the utilization
of federal funding, the MAA will ensure that the contract awardee is not
debarred or suspended from doing business with the federal government nor
delinquent in a debt to the United States as defined in OMB Circular A1-29.
Before a contract is awarded, staff from the Medieval Academy will consult the
Federal Government's General Services Administration ("GSA")'s
"List of Parties Excluded from Federal Procurement or Non-procurement
Programs."
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