AVERT Policies and Procedures 1640
Discrimination and Reprisals

1.0 POLICY & PURPOSE

It is the policy of the Association of Valley Emergency Response Teams, Inc., an equal employment opportunity employer, to provide all employees, volunteers and members with a working atmosphere free of harassment, discrimination or reprisal. This Policy & Procedure is to provide an informal and formal process to all AVERT employees, members and volunteers for addressing discrimination complaints.

2.0 REFERENCES & DEFINITIONS

    2.1 REFERENCES

      2.1.1 Age Discrimination Act of 1967, as amended

      2.1.2 Americans with Disabilities Act of 1990

      2.1.3 Civil Rights Act of 1991

      2.1.4 Equal Pay Act of 1962, as amended

      2.1.5 Rehabilitation Act of 1973

      2.1.6 Title VII, Civil Rights Act of 1964, as amended

      2.1.7 Utah Code Annotated 34-35-6

      2.1.8 Whistle Blowers Act, UCA 67-21-3

    2.2 AVERT - Acronym for the Association of Valley Emergency Response Teams.

    2.3 ERTs - Acronym for Emergency Response Teams.

    2.4 BOARD - The Board of Directors of the Association of Valley Emergency Response Teams.

    2.5 ORGANIZATION - Any Member Team, District Representative, Committee or other subdivision authorized by the Board, within the State of Utah whose operations are funded by AVERT. The "organization" is the standard term to reference subdivisions of the AVERT Board. Financial policies of AVERT provide that accounting, budgeting and fixed asset information be maintained by "organization." Each AVERT subdivision is assigned a unique "organization" number.

    2.6 MEMBER - A general term to mean any emergency service trained individual, business entity, municipal entity, governmental entity or Board Member that has made application to and has been accepted by the AVERT Board of Trustees. The various categories are collectively known as the MEMBERSHIP.

    2.7 VOLUNTEER - A general term to mean any individual that provides services to the Corporation without receiving monetary or material compensation or any person providing services under Court ordered Community Service.

    2.8 EMPLOYEE - A general term to mean any individual that provides services to the Corporation and is receiving monetary or material compensation and benefits in accordance with State and Federal Labor laws.

    2.9 HARASSMENT - Pervasive, unwelcome, demeaning, ridiculing, derisive or coercive conduct toward an employee, volunteer, member or applicant based on factors of race, color, national origin, gender, sexual orientation, marital status, religion, age, or disability that:

      2.9.1 unreasonably creates an intimidating, hostile or offensive work environment;

      2.9.2 unreasonably interferes with a persons work performance; or

      2.9.3 otherwise adversely and unreasonably affects an individuals employment

    2.10 SEXUAL HARASSMENT - Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:

      2.10.1 submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, membership or transaction;

      2.10.2 submission to or rejection of such conduct by an individual is used as the basis for employment, membership or transaction decisions affecting such individual or organization, or

      2.10.3 such conduct has the purpose of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

3.0 PROCEDURE

    3.1 Discrimination including harassment based on extraneous factors such as race, color, national origin, gender, sexual orientation, marital status, religion, age or disability shall not be tolerated. Individuals in these "protected classes" shall be assured of fair and equitable treatment in areas of recruitment, testing, hiring, training, compensation, classification, working conditions, benefits, promotions, demotions, transfers, disciplinary actions, terminations, and all other factors within the employment, membership or transaction processes.

      Note: This policy is not intended to require additional benefits related to family, marital, co-habitant, or dependent status unless provided for by State or Federal law or by contract.

    3.2 All AVERT employees, members and volunteers, regardless of merit status, have the right to file a grievance or an appeal on matters related to harassment or discrimination, and may do so without fear of reprisal.

    3.3 Sexual harassment shall be treated as gender discrimination with complaints filed in accordance with AVERT Policies & Procedures # 1620 - "Sexual Harassment".

    3.4 Any employee, member or volunteer who believes he or she has been subjected to any act of reprisal for filing a grievance or appeal or any employee, member or volunteer who believes to have been harassed or retaliated against for having opposed a discriminatory practice shall have the right to file a complaint. This complaint must be filed separately and shall be initiated at the next supervisory level not involved in the alleged reprisal. The line of appeal shall proceed as outlined in AVERT Policies & Procedures # 1680 - "Grievances".

    3.5 Employees, members or volunteers reporting misconduct, including harassment or discrimination, are protected against retaliation.

    3.6 Informal Procedure

      3.6.1 An employee, member or volunteer who believes, or becomes aware, that a discriminatory practice has occurred should immediately contact the General Manager and/or the Administrator.

        3.6.1.1 The informal complaint shall be presented within fifteen (15) calendar days of the occurrence or within fifteen (15) calendar days of the date when the employee, member or volunteer became aware or could reasonably be presumed to have known of the occurrence, whichever is later.

          3.6.1.1.1 Complaints that are brought after fifteen (15)calendar days will be considered on a case by case basis by the General Manager.

        3.6.1.2 The Program Manager or the Administrator or designated representative will have 15 calendar days from the date of contact with the employee, member or volunteer to conduct an informal inquiry into the issues raised and present a written report to the employees, members or volunteers involved and the complaining party's Administrator for informal resolution. The informal resolution will include the Administrator's proposed resolution to the issues.

    3.7 Confidentiality will, to the extent practical under the law and under the necessities of disciplinary action, be protected.

    3.8 Formal Procedure

      3.8.1 If the Administrator is unable to resolve the issues, if the facts are in dispute or if it appears discipline will be warranted, the matter must be referred for an administrative investigation.

      3.8.2 The primary responsibility for conducting an investigation and acting upon it shall be with the Administrator or his or her designee. Assistance shall be provided by the Human Resources Division, the Program Manager or the Corporate Attorney's Office.

        3.8.2.1 Prior to an administrative investigation, the person bringing forth the complaint shall be required to submit a written statement.

      3.8.3 Administrative investigations shall be conducted and completed within fifteen (15) calendar days following the receipt of the written report of the complaint.

        3.8.3.1 The time limit in which to complete the investigation may be waived by the Program Manager based upon a written request.

      3.8.4 Individuals who investigate discrimination or harassment complaints shall prepare a statement of findings and submit it to the Board of Trustees and to the Program Manager.

      3.8.5 Anyone conducting an investigation shall protect the rights of both the person complaining and the person accused. Confidentiality will be protected to the extent possible under the law.

      3.8.6 If a Director, Trustee, Officer, Manager, Administrator or Supervisor is accused of discrimination or harassment, an administrative investigation shall be instituted by the Board of Trustees.

      3.8.7 Any act of reprisal toward the complainant or witnesses shall be subject to separate corrective or disciplinary action.

      3.8.8 Anyone conducting an investigation of harassment or discrimination shall provide a copy of this policy to the person making the complaint and the accused.

      3.8.9 The Administrator shall provide both the complainant and the accused a copy of the case's final disposition and statement of findings.

    3.9 If the employee, member or volunteer is not in agreement with the Administrator's proposed resolution or formal findings of fact, the employee, member or volunteer may then, within fifteen days, proceed to the written level of review as outlined in AVERT Policies & Procedures # 1680 - "Grievances".

      3.9.1 The time frames for the formal grievance procedure begin when the complainant receives a proposed resolution or formal findings of fact he or she is not in agreement with.