HEARTBEAT OPERA’S CODE OF CONDUCT

Heartbeat Opera is committed to creating a respectful and equitable work environment

for everyone involved with the organization in any capacity. This Code of Conduct serves
to ensure that Heartbeat Opera’s practices in rehearsal rooms, venues, board rooms,
and our offices are free of racism, sexism, classism, ableism, ageism, homophobia,
transphobia, gender bias and xenophobia. This Code of Conduct applies at all times.

In this Code of Conduct are the following:

- Policy against Discrimination and Harassment (including definitions)
- Instructions for Reporting Procedures
- Heartbeat Opera’s Commitment to Anti-Racism and Anti-Oppression

Please see Heartbeat Opera’s Community Agreements for more information on our
shared values, ethos, and practices.

COMMITMENT TO EQUITY, DIVERSITY, INCLUSION AND ANTI-RACISM

This Code of Conduct should be read in conjunction with Heartbeat Opera’s

Commitment to Equity, Diversity, Inclusion and Anti-Racism (found on our website).
All employees, board members, contractors and subcontractors must sign both this
Code of Conduct, as well as Heartbeat Opera’s Community Agreements. All employees,
board members, contractors and subcontractors are expected to conduct themselves in
a manner that is free of abuse, bias, prejudice, discrimination, and harassment at all
times. Failure to abide by the expectations set forth in this Code of Conduct and in all
Heartbeat Opera policies may result in appropriate discipline, up to and including
termination of employment.

POLICY AGAINST DISCRIMINATION AND HARASSMENT

Heartbeat Opera’s policies prohibit discrimination or harassment of employees,

contractors, volunteers, or the public on the basis of race, color, religion, sex, gender,
sexual orientation, parental status, national origin, disability, age, family medical
history or genetic information, past, present, or future military service or status, or any
other classification protected by law.

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Discrimination is any form of unequal treatment based on the above grounds,
whether imposing extra burdens or denying benefits. It may be intentional or
unintentional. It may involve direct actions that are discriminatory on their face, or it
may involve rules, practices or procedures that appear neutral, but disadvantage certain
groups of people. Discrimination may take obvious forms, or it may happen in very
subtle ways. Even if there are many factors affecting a decision or action, if
discrimination is one factor, that is a violation of this guideline.

Harassment is a course of comments or actions that are known, or ought reasonably

to be known, to be uninvited and/or unwelcome. It can involve words or actions that
are known or should be known to be offensive, embarrassing, humiliating, demeaning
or unwelcome, including any such words or actions based on a ground of discrimination
identified by this guideline. If a person does not explicitly object to harassing behavior,
or appears to be going along with it, this does not mean that the behavior is okay. The
behavior could still be considered harassment under this Code of Conduct

Prohibited harassment includes:

- Verbal or physical conduct that has the purpose or effect of substantially

interfering with an individual’s work performance or creating an intimidating,
hostile, or offensive work environment. Such actions are not tolerated.
- Words or actions based on a ground of discrimination identified by this Code.
- Derogatory or insensitive jokes, pranks, or comments;
- Slurs or epithets;
- Unwelcome sexual advances or invitations;
- Non-verbal behavior such as staring, leering, or gestures;
- Ridiculing or demeaning comments;
- Innuendos or veiled threats;
- Molestation, and child abuse
- Bullying between adult-minor and minor-minor interaction
- Intentionally excluding someone from normal workplace conversations and
making them feel unwelcome or excluding a member from participation or
inclusion in Heartbeat events.
- Displaying or sharing offensive images such as posters, videos, photos,
cartoons, screensavers, emails, or drawings that are derogatory or sexual;
- Offensive or unwanted comments about appearance, or other personal or
physical characteristics, such as sexuality, gender identification or charged
comments or comments on someone’s physical disability; (this is not referring

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 to artistic works including but not limited to work samples, Heart Beat
performances or artistic work)
- Unnecessary or unwanted bodily contact such as kissing or hugging, groping or
massaging, blocking normal movement, or physically interfering with the work
of another individual; or
- Threats or demands that a person submit to sexual requests as a condition of
continued employment or to avoid some other loss, and offers of
employment-related benefits in return for sexual favors.

This list of examples is not exhaustive, and there may be other behaviors that
constitute unacceptable harassment under the Policy.

Heartbeat Opera prohibits sexual harassment, inappropriate sexual conduct, and

gender-based harassment. Sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature, when: Submission to such conduct is made explicitly or implicitly a term or
condition of employment; Submission to or rejection of such conduct is used as the
basis for decisions affecting an individual’s employment; Such conduct has the purpose
or effect of substantially interfering with an individual’s work performance or creating
an intimidating, hostile, or offensive work environment.

All employees, board members, volunteers, and contractors are expected to conduct
themselves in a professional manner at all times. Conduct which may violate this
policy includes, but is not limited to, sexually implicit or explicit communications
whether in: Written form, such as cartoons, posters, calendars, notes, letters, e-mails;
Verbal form, such as comments, jokes, foul or obscene language of a sexual nature,
language regarding another person’s body or appearance in a sexually related manner,
gossiping, questions about another’s sex life, or repeated unwanted requests for dates;
“Compliments” or other statements about another person’s physical appearance or
attributes that are sexually suggestive. Such statements are inappropriate in the
workplace. Physical gestures and other nonverbal behavior, such as unwelcome
touching, grabbing, fondling, kissing, massaging, and brushing up against another’s
body. “Unwelcome” means that one party does not consent to the gestures or behavior.
Consent must be clear and unambiguous, otherwise the employee or contractor
engaging in such behavior is in violation of this policy.

Gender-based harassment that will not be tolerated includes (but is not limited
to): intentional misgendering, gender-related comments about a person’s
characteristics or mannerisms, paternalism based on gender which undermines a

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person’s self-respect or position of responsibility, suggestive or offensive remarks or
innuendoes about members of a specific gender, or gender-related verbal abuse.

Heartbeat Opera will not tolerate harassment of any kind of its employees, volunteers,
or contractors, whether committed by a fellow employee, volunteer, contractor,
member of management, executive or board member, vendor, or even a customer. All
employees and contractors, including supervisors and managers, executives, or board
members, will be subject to disciplinary action, up to and including termination, for any
act of harassment they commit.

Safety and Consent:

Heartbeat Opera recognizes consent culture. Consent culture is understanding that

each person knows what is best for themselves. No one person has the right to use their
power or position against another for decision making around participation. Some ways
you can generate consent culture are by:

- Listening to the likes and dislikes of fellow participants and not pushing the
boundaries.
- Being a good bystander. If you see something happening that looks sketchy try to
help the person instead of turning your back because you feel like it isn’t your
problem.
- Stopping when you are asked or told to stop.
- Not harassing anyone.
- Asking for consent - As a cross-class, cross-race organization, we also know that
many of us are deeply isolated, have different ways of engaging, hollering,
flirting, etc. To that end, if you are not sure about someone’s intent, or if they are
flirting with you or if you are flirting with them – ASK.

Staff and Board Conduct:

While operating in an official capacity representing Heartbeat Opera, Board of

Directors and staff should not engage in any activities that would represent Heartbeat
Opera negatively or misappropriate power. Operating in an official capacity for
Heartbeat Opera includes but is not limited to serving in their official board or staff
role, being paid by Heartbeat Opera, or attending an event for the purposes of acting on
Heartbeat Opera’s behalf. Furthermore, this includes but is not limited to the use of
illegal substances, or sexual contact with other Heartbeat Opera members or staff.

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Accessibility and Anti-Ableism:

At Heartbeat Opera “accessibility” is not a concept – it is an investment and an

intention. Accessibility means the opportunity for every participant to be able to engage
with the spaces, places and events

When you become engaged with Heartbeat Opera, please let us know if you have an
accessibility need such as ASL interpretation, scent-free space, wheelchair access and
others as needed. We will always offer gender neutral bathrooms as a part of our
practice. We will do our best to provide in each area as identified. Please contact us in
advance of any Heartbeat Opera convening with specific questions about what we will
be able to provide.

Heartbeat Opera Anti-Ableism practices:

- The inclusion of disability issues as a social justice concern requires time,

exposure, and political will.
- Recognize that disabled people are inherently worthwhile.
- Listen to disabled people’s stories, experiences, and perspectives.
- Understand that having a disability does not make a person’s life any more
inspirational, pitiful, or tragic. Disabilities are ordinary and familiar parts of
people’s lives.
- Use the phrase "disabled people" or "people with disabilities."
- Understand that no single accommodation will work for all disabled people. One
solution doesn’t fit all, but increased access does benefit everyone.
- Don't ask intrusive questions, however well-intentioned. Because of how
disabled people are separated from society, many people deal with daily curiosity
about our bodies and lives. This can be irritating, exhausting, and demeaning.
- Ask before you offer help to a disabled person. What you assume is helpful may
not be. Start with a friendly but non-intrusive question: "Can I provide
assistance?” Be okay if the answer is no.
- Be aware. Disabled people are the experts about their own lives.

What to do if you believe someone else is being harassed:

If you have knowledge of harassment committed by or against another employee,
volunteer, contractor, supervisor, or manager, you must immediately report it as
outlined in this policy. To be clear: reporting harassment is the duty of all Heartbeat
Opera employees and contractors. If you are aware of harassment, help us prevent it by

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reporting it. Prompt reports are important; they help Heartbeat Opera eradicate
discrimination and harassment and facilitate prompt and thorough investigations.

REPORTING AN INCIDENT OF HARASSMENT OR DISCRIMINATION

An employee who believes that they are being harassed or discriminated against in
violation with this policy is encouraged to take the steps outlined below.
1. If you feel comfortable and it is safe to do so, inform the offender by calmly
telling them that the comments or behavior are unacceptable and must stop
immediately.
2. If comfortable, keep a record of the incident: write down the details, including
time, place, others who may have witnessed the discrimination or harassment,
and the exact words or behavior that was used. This will be especially important
if a formal complaint needs to be issued. Though a record is important, the lack
of one is not a deterrent, and a valid complaint is not contingent on a written
record.
3. If you are not comfortable communicating directly with the offender, or if it is
not safe to do so, or you have already confronted the offender and the behavior
has not stopped, you are encouraged to share your concern or file a report with
a Heartbeat representative. Our Reporting Form can be found at the end of this
document, and you can submit it to one of the contacts listed below.
4. Any employee, board member, volunteer, contractor, or subcontractor may report
a discrimination or harassment complaint without fear of retaliation, provided
the complaint is made in good faith. All complaints will be examined promptly
and thoroughly.
5. Record the specifics of any further incidents, including time, place, others
who may have witnessed the discrimination or harassment, and the exact
words or behavior that was used.

Below is the list of Heartbeat Opera contacts you can contact at any time
regarding an incident of discrimination or harassment. You can get in touch with
your own report, or you can email a formal Reporting Form (found at the end of
this document):

Tim Hausmann, Executive Director tim@heartbeatopera.org (612) 816-9659

Jacob Ashworth, Interim Artistic Director jacob@heartbeatopera.org (917)

Artistic Director
699-8298

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Thérèse Esperdy, Board of Directors, Chairperson tesperdy@gmail.com

Dr. Michelle Ramos, Heartbeat EDI Consultant & Coach,

michelle@ramoscoaching.com

These are the steps that will be taken when a complaint has been raised:

1. Take immediate action, if necessary.

2. Decide whether to investigate based on the fact(s) presented.

3. Identify an investigation team from Heartbeat leadership or 3rd party.

4. Plan the investigation protocol based on the circumstance.

5. Conduct interviews and gather information.

6. Evaluate and assess the information gathered.

7. Make a determination and take action.

8. Document and the Investigation and final conclusions in a report to be filed with
Heartbeat’s Executive Director.

9. Follow up with all parties to ensure resolution is reached.

All persons to whom a complaint is made or who learn of a complaint as part of a

Heartbeat investigation must do everything reasonably possible to keep the
complaint confidential in order to preserve the integrity of the investigation while it
is ongoing, to ensure fairness to all involved, and to protect the privacy of
employees or staff who have brought complaints or are accused of misconduct. All
complaints will be resolved in a timely fashion not to exceed 90 days and will be
documented in writing.

Nothing in this Policy is to be construed as a guarantee of absolute confidentiality

or intended to curtail a person’s rights under the law to discuss matters that have
occurred in a Heartbeat setting, work or event. Disclosure of information learned
through the complaint process and the investigation will be limited to disclosures
that are necessary for Heartbeat to fulfill its legal obligations to investigate and take
prompt action to resolve the issue.

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Investigation & Confidentiality of reports:
All reports will be promptly investigated in as confidential a manner as possible while
still conducting a thorough investigation. Please note that should you choose not to
identify yourself during the reporting of the incident, we will not be able to contact you,
and may not be able to enforce the Code of Conduct to the fullest extent. Based on the
findings of the investigation, Heartbeat Opera will take prompt action to remedy any
circumstances of harassment. The Executive Director, Artistic Director, or other
person(s) they designate to receive and investigate the report shall keep a written
record of the report (including copies of any documentation included in the report or
uncovered during the investigation), and shall document the result of the investigation.
Where appropriate, either the report or the findings will be added to the personnel file
of any person found to have engaged in conduct in violation of this policy, and in every
case, the records of all reports and investigations will be maintained in a separate file
by the Executive Director or the Artistic Director.

When appropriate, the Executive Director or the Artistic Director may designate the
Chair of the Board of Heartbeat Opera, or Heartbeat’s EDI Consultant & Coach, or any
other appropriate and qualified individual to assist or conduct investigations under this
policy.

No retaliation for good-faith reports:

Any individual making a good faith report of harassment will not be retaliated against
for making such a report. If you feel you have been retaliated against for making a
report or for participating in an investigation, you should report it to any of the
individuals listed in the reporting procedure outlined above, immediately. Anyone
found to have retaliated against an employee or contractor for making a good faith
complaint of harassment or for participating in an investigation will be subject to
disciplinary action up to and including termination.

New York State Required Anti-Sexual Harassment Training:

Per New York State regulations beginning 2019, all employees and contractors that
meet certain employment thresholds are required to complete annual anti-sexual
harassment training, available via an online module maintained by NYC:
www1.nyc.gov/site/cchr/law/sexual-harassment-training.page. At the end of the
45-minute training, you will receive a certificate of completion. Please email a PDF of
that certificate to tim@heartbeatopera.org. If you have already completed this training
in the current calendar year as part of your employment elsewhere, please email your
certificate of completion to tim@heartbeatopera.org. Note: Payment for any services

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by an employee or contractor that falls within these guidelines is contingent upon proof
of completion of the training. Singers, artists, and interns who work more than 80
hours per calendar year AND more than 90 days are required to complete this training.

This Code of Conduct is a living document and will be periodically updated.

(Updated 7.15.22)

SIGNATURE

I confirm I have read and understand Heartbeat Opera’s Code of Conduct:

Vaibhavi Mohan
Printed Name __________________________________

Signature _____________________________________

1/6/2023
Date ______________

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REPORTING FORM
This form and referenced code do not supersede an individual’s right to pursue a police
report and/or investigation, or legal counsel. If you have any questions regarding the
above guidelines, you may contact Executive Director Tim Hausmann at
tim@heartbeatopera.org.

Names or descriptions of the people involved (Optional):

Date and Time (if ongoing, please describe):

Location of incident or cause for concern:

Please describe what you experienced or witness (and if occurring during a specific
event, workshop, or production, please indicate which one):

If comfortable, please provide a description of the severity on the impacted person’s

physical wellbeing on a 1-5 scale with 1=low severity and 5=high severity:

If comfortable, please provide a description of the severity on the impacted person’s

mental wellbeing on a 1-5 scale with 1=low severity and 5=high severity:

Is there any other information you would like to include?

OPTIONAL: If you would like to be contacted, please provide your name, email address,
and phone number. Providing contact information is not required to report an incident.
If you choose to provide your name, measures will be taken to maintain anonymity if
and when possible.

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