CODE OF CONDUCT

This Code of Conduct of The Friends of the Minnesota Sinfonia (“Sinfonia”) consists of the Code of Ethics and Offensive Behavior Policy. 

   Sinfonia is a Minnesota nonprofit corporation that is tax exempt under Internal Revenue Code Section 501(c)(3).  The organizational structure of the Sinfonia consists of the Board of Directors and its Committees; the Executive Director/Artistic Director and the Manager; and the orchestra.  The orchestra is composed of musicians who are independent contractors with Sinfonia and members of the American Federation of Musicians Local 30-73 (“Musicians Union”). The Executive Director/Artistic Director is also the conductor of the orchestra and a member of the Musicians Union.  The musicians (including the person who is called the “contractor” for purposes of administering the musicians’ relationship with Sinfonia) are not employed by Sinfonia. 

Code of Ethics

   Each director, officer and employee for Sinfonia shall:   

      1.   Support the integrity and reputation of the Sinfonia.

      2.   In the course of carrying out the Sinfonia's mission, treat all individuals with the utmost dignity, respect, fairness, courtesy and good faith in light of their     humanity and rights as persons.  

     3.   Follow the letter and spirit of all state and federal laws and rules regulating the Sinfonia.

     4.   Use the resources of the Sinfonia only for the purposes for which they are intended.

    5.  Be aware of any potential influence of position, employer or contractor on others and not exploit the trust and confidence of any person owing to this advantage.

     6.   Not discriminate against or refuse services to any person on the basis of race, color, creed, age, sex, religion, national affiliation or disability. 

    7.   Not engage in or condone any form of harassment or discrimination nor engage in or condone any form of retaliation for an individual's complaint, participation in an investigation, or other conduct encouraged or permitted under the Code of Ethics. 

     8.   Whistleblower Policy.  Report to the Ethics and Compliance Committee or the Consultant as soon as possible any conduct or contemplated conduct on the part of any director, employee, orchestra musician, contractor, consultant, intern or person temporarily assigned to perform work or services for Sinfonia that appears to suggest impairment, neglect of professional obligations or unethical conduct, understanding that all communications and information provided under this policy will be treated with strict confidentiality and no retaliation will result from following this policy.

     9.   Maintain respect for the Sinfonia's policies, procedures and board decisions and resign if I cannot maintain respect for such policies, procedures and board decisions.

     10.   Abide by the Offensive Behavior Policy set forth below in Part E.  of the Code of Standards, which is hereby incorporated into the Code of Ethics.

     11.   While in the schools of Minnesota, comply with the following policies and procedures (as adopted from the policies and procedures governing volunteers in the Minneapolis Public Schools): 

         a.   Student Contact:  Do not ask a student for his or her phone number, address, or email address; do not give him or her yours.  Do not socialize with students outside of school.  Do not give students gifts. 

         b.   Tobacco Use:  The use of tobacco products by staff, students, visitors, or contractors is prohibited on school district property.  School district property includes, but is not limited to; buildings, grounds, and vehicles owned, leased or contracted by the school district and school sponsored functions.

        c.   Touch:  We strongly urge you not to initiate physical contact with any student.  You may be working with young people who may not be aware of appropriate boundaries.  Keep in mind that students may see your physical contact as a sign of preferential treatment. 

       d.   Role Model:  Volunteers must always serve as role models.  When serving as a volunteer, an individual must refrain from inappropriate behaviors including, but not limited to, the following:

               i.   Use of profanity;

               ii.   Use of drugs or alcohol;

               iii.   Carrying weapons;

               iv.   Discussion of inappropriate topics;

               v.   Making ‘sexual or emotional advances’ to a student;

               vi.   Selling merchandise or actively promoting his or her business;

               vii.   Proselytizing (persuading to a way of thinking or acting);

               viii.   Giving gifts of property or money.

Offensive Behavior Policy

• Purpose.

               a.   It is the policy of the Sinfonia  that harassment on the basis of protected classification (race, creed, color, religion, sex, national origin, marital status, status with regard to public assistance, disability, age, and sexual orientation), including sexual harassment, is prohibited.  Conduct or behavior that one person considers innocent or harmless may be regarded as offensive and unwelcome by someone else.  A violation of this policy can occur intentionally or unintentionally.

              b.   Such harassment violates the law, creates an offensive working environment, decreases productivity and adversely affects positive working relationships.

• Policy. 

               a.   No Board member, officer or employee may engage in verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of that person's race, creed, color, religion, sex, national origin, marital status, status with regard to public assistance, disability, age, membership on a local human rights commission or sexual orientation, or that of the person's relatives, friends or associates, if the conduct:

• has the purpose or effect of unreasonably interfering with the person's work performance; or
• otherwise adversely affects that person’s employment opportunities.
• The following are examples of prohibited harassment. Please note that these are only examples and are not the only examples. Questions about specific conduct should be discussed with the Chair of the Ethics and Compliance Committee or the Consultant:
• Epithets, slurs or negative stereotypes;
• Intimidating or hostile acts based upon protected classification;
• Other disrespectful and inappropriate behavior.  Inappropriate or disrespectful  conduct and behavior that creates a hostile work environment may not constitute unlawful harassment but is nevertheless inappropriate in a professional work environment.  Examples of such inappropriate behavior include but are not limited to: 
• lewd or abusive language;
• yelling at another person;
• threatening or the use of intimidation;
• written or graphic material that denigrates or shows hostility or aversion to persons of a protected classification and that is posted or circulated on the employer’s property.
• One form of prohibited harassment is sexual harassment.

              a.   Sexual harassment is defined as:

• Making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of an employee's obtaining employment or continuing employment; or
• Making submission to or rejection of such conduct the basis for employment decisions affecting an employee; or
• Retaliating against an employee for complaining about such conduct.

              b.   The following are examples of sexual harassment.  Please note that these are not the only examples.

• Unwelcome sexual flirtations, propositions, and invitations to social events;
• Offensive physical conduct or physical closeness;
• Inappropriate use of words of a sexual nature describing body parts or sexual acts, telling "suggestive" jokes or stories, and conversations about sexual exploits or sexual desires;
• Displaying in the workplace sexually suggestive objects, pictures, cartoons, or representations of any action or subject which is sexual in nature and which can be perceived as offensive;
• Sabotaging an employee's character, reputation, work effects, or property because of sex;
• Direct or indirect suggestions that an employee's job security, job assignment, conditions of employment, or opportunities for advancement depend in any way on the granting of sexual favors or relation.
• Compliance. 
• Reporting Procedure. Victims of alleged offensive behavior and third persons with knowledge or belief of conduct constituting offensive behavior are encouraged to report it to the Chair of the Board of Directors or the chair of the Ethics and Compliance Committee.  In the event that such Chair is the alleged harasser, or the individual is uncomfortable reporting to the Chair for some other reason, the incident or concern should be reported to the Consultant.
• Investigation.  All complaints of offensive behavior will be investigated promptly and appropriately.  Action will be taken based on the facts in each individual situation.  Complaints and investigations of complaints will be treated with as much discretion as feasible under the circumstances.  Information about the investigation and decisions based on it will be provided to the parties involved to the extent deemed appropriate by agreement of the Chair and the Consultant.
• Retaliation Prohibited. Anyone who makes a complaint or cooperates in the investigative process shall not be subject to any form of retaliation.  It is a separate violation of this policy to retaliate against a person who files a complaint or cooperates in an investigation of harassment.  This section does not prohibit appropriate discipline directed toward a witness in an investigation who is deemed to have behaved in an inappropriate way.
• Penalties for Prohibited Harassment.  A violation of this policy may be grounds for immediate discipline, up to and including discharge, or other appropriate action. Sanctions, if any, will be determined on a case-by-case basis, after a review of relevant information.

6.   The Consultant.  The Sinfonia may retain an independent consultant to aid the Ethics and Compliance Committee to resolve complaints and concerns that arise in connection with behavior of constituents of the Sinfonia that may be proscribed by the Code of Ethics.  The Consultant’s role is to assure the fairness and accountability of all decisions and processes that occur in the administration of the Code of Ethics, including the prevention of retaliation against any person who reports to the Ethics and Compliance Committee (including the Consultant) or is involved in any respect in an investigation under the Code.