Code of Conduct

Hole In The Wall Theater Participant Code of Conduct

Effective – 11/25/2024

  1. INTRODUCTION

Hole In The Wall Theater engages with a wide variety of people in different ways. Our Code of Conduct is first and foremost intended to provide for and ensure the safety and well-being of our volunteers, patrons, and participants. Nothing within this document should be interpreted in such a way as to limit the ability of the Board and the HITW community as a whole to keep itself safe from harm.

In supporting HITW’s values, each of us is responsible for knowing and adhering to standards, not merely the words, but the spirit, set forth in this Code of Conduct. Individual responsibility is the greatest tool in the protection of other Participants or Patrons from physical or emotional harm as well as protecting the reputation of HITW and its ability to provide quality theatrical productions and educational opportunities for generations to come.

  1. PURPOSE OF THE CODE OF CONDUCT

The following are guiding principles for conduct expected from all Participants in Hole In The Wall Theater (“HITW”). While we cannot address every issue or provide answers to every situation, the principals in this Code of Conduct can define the spirit in which we intend to operate and should guide us in our daily conduct. Every Participant and Patron at HITW Activities is expected to act in accordance with this Code of Conduct.

HITW is committed to maintaining an inclusive environment where all Participants and Patrons feel welcome and safe regardless of their race, color, religion, sex, gender identity/expression, sexual orientation, marital status, national origin, ancestry, citizenship, age, disability, or any protected criteria under Connecticut or Federal Law. We expect all our Participants to conduct themselves in ways that support this commitment and to treat everyone with respect.

HITW recognizes the potential for harassment in a variety of circumstances, both inside and outside the theater among Participants and Patrons. We also acknowledge theater environments can create misperceptions about the differences between artistic interpretation of delicate subject matter and harassment; however, theatrical expression of sensitive material can be fully achieved while maintaining the safety of fellow Participants and respecting agreed-upon boundaries.

Discrimination, harassment, or intimidation of any person, including but not limited to a Participant or Patron or other individuals will not be tolerated and may be grounds for Corrective Action in accordance with the policies and procedures herein, including, without limitation, removal from participation with HITW and/or additional legal action.

  1. DEFINITIONS

Bullying: An offensive, cruel, intimidating, insulting, or humiliating behavior, verbally or physically, directly or indirectly, including physical violence or the threat thereof, regardless of circumstances or platform (including in electronic or digital format).

Complaint: A written document setting out the specific behavior that constitutes a violation of this Code of Conduct prohibits and any additional information (such as time frame, witnesses or documentation) that may assist in an investigation of the complained-of behavior. A Complaint may be made by a responding party on the basis of an alleged bad faith submission of a Complaint against them.

Detrimental Acts: Any action, including word or deed, by an individual which damages HITW property, casts a disparaging light upon the reputation of HITW, or any Participant, and which could reasonably interfere with the ability of HITW to provide community productions, educational programs, or to raise funds necessary to accomplish the goals and mission of HITW. This includes breaches of trust or confidentiality by disclosing to any person anything which would have reasonably been considered private, which the breaching party had access to by virtue of their participation at HITW, regarding the business or workings of HITW. (e.g, casting discussions, internal and non-public deliberations of the Board or any committee of the theater on sensitive and confidential matters such as disciplinary action, etc). Finally, Detrimental Acts includes abuse of the Disciplinary Process itself, including retaliation against complainants, filing knowingly false complaints, concealing conflicts of interest, and breaches of confidentiality by members of the IRT.

(Note for interpretation of Detrimental Acts: Detrimental Acts is not intended to silence criticism of HITW or its productions and activities, nor is it to be used to punish people who are part of productions which lose money, or simply are not deemed to be of high quality. These are not violations of the Code of Conduct. Abuse of the disciplinary process does not include proper exercise of discretion by the IRT or Conduct Chair in making decisions within their remit.)

Harassment: Any unwelcome or objectionable, physical, visual or verbal conduct, gesture, comment or display whether intended or unintended, that is insulting, humiliating, or degrading to another person, or creates an intimidating, hostile or offensive environment and is on the basis of race, ethnicity, language, financial ability, religion, gender or sexual orientation, disability or age, or any other kind of discrimination which is prohibited by Connecticut or Federal Law; made by a Participant which is offensive to a Participant or Patron of HITW that the person knew or reasonably ought to have known would be offensive.

HITW Activity: Any employment or volunteer work engaged in for the benefit of HITW, including, but not limited to, rehearsal, production, meetings, or fundraising or any other event involving HITW, whether in-person or digitally on any platform.

Participant: Any Employee or individual volunteering on behalf of HITW, including in any and all productions or fundraisers, service on the Board of Directors, or a committee thereof, including but not limited to actors, directors, stage managers, technical operators, stagehands, other members of the production team, concessions, house assistants, and ticket office in addition to contractors and vendors. Further, any Participant shall continue to be defined as such even when they might otherwise only be a Patron with regard to certain HITW Activities.

Patron: Any individual who attends a production or fundraiser sponsored by HITW, or any committee thereof, or provides financial assistance or other non-volunteer support to HITW.

Sexual Harassment: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when

(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s continued involvement in a HITW Activity,

(2) submission to or rejection of such conduct by an individual is used as the basis for decisions affecting such individual’s participation in a HITW Activity, or

(3) such conduct has the purpose or effect of unreasonably interfering with an individual’s participation in a HITW Activity or creating an intimidating, hostile, or offensive environment.

  1. APPLICATION OF CODE OF CONDUCT

HITW strives to provide each Participant and Patron with:

  • An environment that is free from Harassment, Sexual Harassment, Bullying, or Detrimental Acts or other inappropriate behavior;
  • An opportunity to file a complaint when the environment is not free from Harassment, Sexual Harassment, Bullying, Detrimental Acts or other inappropriate behavior;
  • An opportunity to be informed of complaints made against them and be informed throughout the process;
  • An opportunity to file a Complaint and participate in the Complaint Resolution Process without concern or fear of, or having to experience embarrassment or retaliation;
  • An opportunity to have a fair determination of facts and clear notice of Corrective Action taken; and
  • Confidentiality to the degree possible under the circumstances and the law. 

Expectations:

HITW has a strong desire to ensure safety of Participants and Patrons and shall address complaints by:

  • Using due diligence and common sense;
  • Following the process without bias;
  • Documenting relevant facts and information; and
  • Making a determination within a reasonable time frame.

Participants are responsible for contributing to a positive environment by adhering to this Code of Conduct, including refraining from Harassment, Sexual Harassment, Bullying, Detrimental Acts, or any other inappropriate behavior, including intoxication or the use or possession of illicit drugs, and are responsible for identifying and discouraging actions which are contrary to this Code of Conduct by reporting in a manner consistent with the Complaint Resolution Process as set out below.

The President of the Board of Directors and the Board as a whole are expected to use their efforts to alleviate aspects of the environment at HITW that are not in keeping with this Code of Conduct, whether or not a Complaint has been made.

The Conduct Chair shall implement the Complaint Resolution Process and will:

  • Advise complainants and respondents of the process and parameters;
  • Facilitate communication between parties with a view to resolving conflict;
  • Ensure the process is followed within an appropriate time frame;
  • Arrange for an investigation (to be conducted by an Incident Response Team);
  • Coordinate any additional actions to ensure completion of corrective action required;
  • Maintain copies of all documentation pertaining to the resolution; and
  • Ensure dissemination of this Code of Conduct to Participants.
  1. REPORTING

Violations of this Code of Conduct should be reported to the Conduct chair (either via the conduct@hitw.org email or in person), a member of the Board of Directors, or via a member of the Ombuds Committee (either via the ombuds@hitw.org email, in person, or an incident report form). Note that the ombuds committee does not have jurisdiction over Code of Conduct violations and will forward the Complaint to the President of the Board of Directors, anonymously if you so choose. Ombuds will engage in informal conflict resolution as needed, but if a Code of Conduct violation is alleged and disciplinary action needs to be taken, the Complaint will go through the process outlined below.
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  1. COMPLAINT RESOLUTION PROCESS

Violations of this Code of Conduct shall be addressed. Situations in which there has been an accusation of Harassment, Sexual Harassment, Bullying, Detrimental Acts or other violation of this Code of Conduct are sensitive and often complex. The following process will generally be used:

Complaint Received > Factual Determination > Corrective Action

If a Complaint is substantiated, the respondent will be subject to corrective action. However, intentionally submitting a complaint against someone for a violation of this Code of Conduct that is known to be false is also a violation of this Code of Conduct and is subject to corrective action. Further, any interference with an investigation or the process outlined herein, or any retaliation against a complainant, respondent, or witness, may itself result in corrective action.

Confidentiality

To the extent that circumstances will allow, Complaints will be received and investigated in a confidential manner, including prescribing corrective action. Information, including complaints, investigative reports and substance of meetings, will be protected from disclosure to third parties, except where required by law or in order to facilitate these procedures. These rules are binding on the Conduct Chair, the members of the IRT, the Ombuds committee, and the Board of Directors regarding information that comes to them in the course of the Complaint Resolution process. Nothing in this Code of Conduct shall be construed to limit the ability of complainants, subjects, or witnesses to freely discuss their experiences either regarding the original incident(s) or with the process itself in any forum they wish.

Recusal
  • The Conduct Chair has a duty to recuse themselves from an investigation if any of the following conflicts exists:
    • They are involved in the complaint in any way (the person making it, the subject of it, or a witness to the alleged violation),
    • Their objectivity and impartiality could reasonably be questioned for any reason (e.g., their personal relationship with the complainant or subject)
    • They are unable to perform the duties for any reason (e.g., other commitments in the time the investigation is to take place).
  • In the event of a recusal, the President assumes all the duties of the Conduct Chair with respect to the Complaint. If the President must recuse themselves, this passes to the Vice President(s), then to the rest of the Board from senior-most to least-senior (in terms of current Board tenure.)
Complaint & Factual Determination Process

Any Complaint received by a member of the Board of Directors or a member of the Ombuds committee which alleges a violation of the Code of Conduct must be forwarded to the President and the Conduct Chair immediately, at which time the following process will occur.

  1. As soon as in practicable, but in all cases within 48 hours, the Conduct Chair will appoint an Incident Response Team (IRT) to manage the Complaint Resolution. The IRT will consist of the Conduct Chair and two other members from among the Board of Directors and General Membership. Members of the IRT must be unconnected to the incident/alleged violation to avoid the appearance of bias (this includes any of the reasons given for recusal in the section above.) The Conduct Chair will work to ensure that all IRTs contain at least one member (and prefeably two) who is not a member of the Board of Directors, unless circumstances make this impossible (e.g., time-sensitivity of a serious issue and no eligible non-Board members are able to be reached after a sincere effort is made to do so.)
    • Once appointed, members of the IRT may only be removed by the Chair for cause. Valid causes for removal and replacement on the IRT are:
      • Improperly disclosing details of the complaint and disciplinary process to third parties
      • Failure to participate in the investigation and discussion of the complaint, resulting in unnecessary delays in handling and resolving the issue.
  2. In cases where the safety and well-being of HITW volunteers and property is potentially at risk as a result of the violation, the IRT may, by majority vote, exclude the subject of the Complaint from HITW Activities and property for the duration of the Complaint Resolution Process. This has the same force as a ban enacted by the Board of Directors.
    • The IRT may also lift such a ban by majority vote prior to the conclusion of the Complaint Resolution process if they deem such a risk to no longer be present based on their ongoing investigation.
  3. (Note: While it is important that the IRT have the discretion to determine what does and does not constitute an risk warranting this type of temporary ban, they are encouraged to use this power sparingly and, wherever possible, only after speaking with the subject of the complaint to determine the risk, and balance it against the details of the complaint itself and needs of the complainant(s). Banning members of HITW is and should be the last resort, and those bans which are required should last no longer than necessary.)
  4. The IRT will, within 24 hours, advise the subject of the fact that a Complaint has been made against them for a Code of Conduct violation, the details of the complaint (not including the identity of the complainant), and the details of the Complaint Resolution Process as it pertains to them.
  5. The subject will be given the opportunity to make any statement they wish regarding the Complaint to the IRT.
  6. The IRT may also speak with or interview the complainant (if known) and any witnesses to the alleged violation as part of the factual determination process.
    • Note that it is the right of any person to choose whether or not to speak with the IRT as a part of this process. No person may be compelled to, or threatened with corrective action simply for failure to, submit to an interview.
  7. After following the above process, the IRT will determine within 14 days by majority vote what corrective action, if any, to recommend to the Board.
    • The IRT may recommend any Corrective Action it sees fit under the circumstances, up to and including a lifetime ban from HITW Activities and property for the most severe infractions. They do not need to escalate through all the possible Actions to reach that point. However;
    • For repeated violations of a similar nature where a Corrective Action is recommended, the IRT may not recommend an Action that is less severe than what was imposed for the previous infraction.
  8. At the first Board Meeting following the above determination, the IRT will submit its report and recommendation to the Board.
    • If the vote for determination and corrective action was not unanimous, the minority may submit a minority report outlining their view if they so desire.
  9. The Board can vote to accept the determination of the IRT and impose the recommended Corrective Action or may amend the recommendation.
    • In most instances, a simple majority of the board is sufficient to impose the Corrective Action. However, for bans of 180 days or longer, a 2/3 majority of those present and voting is required.
    • A member of the board involved in the Complaint (as a complainant, subject, or witness) may not participate in this vote. Their vote is automatically considered an abstention, and is not counted toward the total number of votes needed to calculate a majority.
    • The Board may impose a less severe Corrective Action than that recommended by the IRT (within the limits imposed by 6b, above, for repeat violations). The Board may not impose a more severe Corrective Action that that recommended by the IRT.
    • To preserve confidentiality as discussed above, Corrective Actions shall be reported in the minutes only as “The Board heard recommendations for [#] violation(s) of the Code of Conduct, resulting in [#] warnings, [#] bans”, or similar. Individuals involved will not be named in the minutes.
    • The complaint details, recommendation, and final determination and action shall be noted in a file created for that purpose.
  10. Within 24 hours of the Board’s vote, the subject of the Complaint and the Complainant (if known) shall be informed of the final determination and any Corrective Action to be taken.
  1. CORRECTIVE ACTION

When considering corrective action, the IRT will review the evidence, the nature of the complained behavior, whether the situation was isolated, and whether there was an abuse of power.

Corrective actions may include any of the following. (Note: for purposes of repeat offenses, this list is ordered from least to most severe

  • A warning
  • Requiring verbal or written apologies;
  • A letter or reprimand;
  • Removal from the present activity;
  • Ineligibility to participate in HITW shows in any capacity (cast or crew) for a number of shows up to the end of the following season;
  • A ban from HITW activities and property for a period of time up to a lifetime ban.

The IRT may modify these Actions in their recommendation to limit their application in ways relevant to the nature of the violation. For example, if a complaint centered on negligently damaging HITW’s sound equipment, rather than simply making a person ineligible from acting as sound designer or sound operator in future HITW activities, the IRT may instead recommend that they only be allowed to do so under the supervision of a member of the sound committee, after which point the restriction could be lifted if that member agreed at the end of the production.

Where the conduct involves, or may involve, criminal activity HITW reserves the right to pursue criminal charges (and may have an affirmative obligation to report certain conduct to appropriate law enforcement personnel in accordance with Connecticut or Federal Law), as well as to pursue any civil action which HITW may be entitled to recover damages or other relief. Nothing herein is intended to relieve or restrict any individual from any obligation to report activity to an appropriate law enforcement or public agency.

  1. INFORMATION RELATED TO CODE OF CONDUCT AND EFFECT

A copy of this Code of Conduct will be made available, both printed and electronically, in the lobby of Hole In The Wall at all times. A summary will be printed and posted on the wall of the green room as soon as is practical after it goes into effect. While Participants may be provided with additional guidelines or information specific to a show or project, if any such additional information should conflict with this Code of Conduct then this Code of Conduct shall control.

The Complaint Resolution Process contained herein shall be used for any complaints received after the effective date herein, regardless of the date of the action resulting in the complaint.

A copy of the Code of Conduct can be found on HITW’s website at hitw.org/code-of-conduct/.

If any person has a question related to the Code of Conduct they should consult with any member of the Board of Directors.

This document may be amended from time to time by the Board of Directors without prior notice. Any amendments made to the Code of Conduct will be published to the general membership as soon as they are adopted (via Slack as soon as possible, via announcement at the following General Meeting, and in the minutes of the meeting at which they are approved).

The Code of Conduct is official policy of Hole In The Wall Theater. All members, participants, and patrons of Hole In The Wall Theater are required to abide by the Code of Conduct whenever engaging in Hole In The Wall activities.

  1. ADOPTION

This Hole In The Wall Theater Participant Code of Conduct is hereby adopted by the Board of Directors and effective on this the 6th day of November, 2024. After a vote of the General Membership on November 13th, 2024, the Code of Conduct will be in effect as of November 27th, 2024.

Special Reminders for HITW Leaders

A culture of compliance starts at the top. All members of leadership, be they Board members, directors, producers, or otherwise, must not only fulfill their duties, but also assume responsibility for those who report to them. If you are a Leader, you must precisely follow the principles listed below.

It Is Important To:

  • Earn respect and lead by example – your team members expect you to do the right thing.
  • Understand this Code of Conduct and all HITW policies that affect your job as well as the position you supervise. Help your team members understand the Code of Conduct.
  • Promote compliance with the Code – even in difficult situations.
  • Create an environment of integrity, accountability and mutual respect that support doing the right thing.
  • Encourage team members to bring ideas forward, ask questions, voice concerns and report any possible violations.
  • Listen carefully when a team member brings a potential problem to you. Consider what should be done. If there is a possible violation of the Code, report it immediately.
  • Direct team members to the appropriate resources including Ombuds, the Conduct Chair, and any member of the Board or of production leadership.

Remember Not To:

  • Ignore or cover up possible violations of the Code of Conduct.
  • Allow a situation to continue to worsen, or give even the appearance of condoning wrong behavior.
  • Retaliate against or victimize individuals who report possible violations or voice concerns about the Code of Conduct and HITW policies.
  • Permit or tolerate retaliation by others.