Assumption of Risk and Anti-Discrimination, Harassement and Bullying Policy

Anti-Discrimination, Harassment and Bullying Policy effective January 7, 2021
The Friends of the Glen Rock Arboretum (FOGRA), is a non-profit, 501c3 volunteer organization dedicated to the preservation, maintenance and development of the Arboretum.

1. Scope
This policy applies to all FOGRA employees, volunteers, interns, visitors and third parties/vendors/suppliers (hereinafter referred to as “members of the collective group”).  No FOGRA member of the collective group is expected to tolerate any conduct prohibited by this policy from anyone while at employed by or engaged in FOGRA activities/events.  Individuals who engage in conduct prohibited by this policy will be subject to disciplinary action, up to and including termination, removal from the Board of Trustees, prohibiting from volunteering and prohibiting from participating in FOGRA activities/events.  
 
2. Anti-Discrimination and Harassment Policy 
FOGRA prohibits the harassment of one member of the collective group by another member of the collective group for any reason based upon the individual’s race; color; religion; genetic information; national origin; sex; pregnancy; childbirth or related medical conditions; age; physical or mental disability; or any other category protected under federal, state or local law. 
In New Jersey, the New Jersey Law Against Discrimination makes it unlawful to subject people to discrimination or harassment based on: race; creed; color; national origin; nationality; ancestry; age; marital status; domestic partnership status; civil union status; affectional or sexual orientation; gender identity or expression; genetic information; sex; pregnancy; breastfeeding; familial status; atypical hereditary cellular or blood trait;  refusing to submit to a genetic test or make available the results of a genetic test to an employer; disability; liability for service in the U.S. military; religious practice or observance.  
At a minimum, the term harassment as used in this policy includes any of the following activities pertaining to an individual’s protected class: 

• Offensive remarks, comments, jokes, slurs, threats, epithets or verbal conduct.
• Offensive pictures, drawings, photographs, figurines, writings, or other graphic images, conduct or communications, including text messages, instant messages, websites, voicemails, social media postings, emails faxes and copies. 
• Offensive sexual remarks, gestures, jokes or comments about a person’s sexuality or sexual experience; sexual advances, or requests for sexual favors regardless of the gender of the individuals involved; and 
• Offensive physical conduct, including touching and gestures, regardless of the gender of the individuals involved. 

 
FOGRA complies with the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act, and all applicable federal, state, and local laws. Consistent with those requirements, FOGRA will reasonably accommodate qualified individuals with a disability if such accommodation would allow the individual to perform the essential functions of the job, provided such accommodations are otherwise required to comply with applicable law and do not impose an undue hardship on FOGRA.  

3. Anti-Bullying Policy  
 
FOGRA believes that a safe and civil environment is necessary for members of the collective group to be successful and productive. Bullying, like other disruptive or threatening behaviors, interferes with an employee/volunteer/intern/visitor/vendor/supplier’s ability to positively contribute to the organization on a day-to-day basis and the organization’s ability to successfully accomplish its mission.  FOGRA expects all members of the collective group to act appropriately, treat others with civility and respect, and refuse to tolerate bullying. 
Bullying behavior may include, but is not limited to: 

• Spreading malicious rumors, gossip or innuendo; 
• Purposefully intimidating a person; 
• Undermining or improperly impeding a person’s work; 
• Physically abusing or threatening abuse; 
• Improperly withholding necessary information or purposefully giving the wrong information; 
• Making offensive jokes by any form of communication 
• Intruding on a person’s privacy by pestering, spying or stalking; 
• Unwarranted or undeserved punishment; 
• Tampering with a person’s personal belongings or work equipment 

 
FOGRA expects all members of the collective group to conduct themselves in a manner that displays proper regard for the rights and welfare of others. 
 
4. Complaint Procedure 
Members of the collective group are encouraged to report incidents of inappropriate or unwelcome conduct whenever it occurs. Members of the collective group are not required to wait for the conduct to be repeated or to worsen. Anyone who believes he or she has been subjected to discrimination, unlawful harassment, or bullying (or who witnesses discrimination, unlawful harassment, or bullying) is expected to report the incident promptly to the Board of Trustees President. 
All complaints of discrimination, unlawful harassment and bullying are taken seriously, and are promptly and objectively investigated internally or with the assistance of a third party. 
 
If a member of the collective group feels that their complaint is not being addressed in a manner deemed satisfactory or consistent with the policy, the individual may contact the Glen Rock Council Arboretum Liaison to report the situation.  The Council Liaison will then proceed with necessary steps in accordance with Borough of Glen Rock’s Anti-Harassment policy. 

Upon receipt of the complaint, the Board of Trustees President will inform the Executive Board members and conduct an immediate review of the allegation(s), and take any interim actions, as appropriate. 
 
The following information must be provided to the Board of Trustee President in order to review the allegation(s): 

• Name of complainant, email address and cell phone number 
• Date, time and location of incident 
• Parties involved 
• Description of the incident 
• Name and contact information of any witnesses or individuals who may have information related to your complaint 
• Please note if you have previously complained or provided information (verbal or written) about related incidents

 
When the investigation has been completed, FOGRA will communicate the results of the investigation in a reasonably timely manner to the individual who filed the complaint, to the individual alleged to have violated this policy and, if appropriate, to others who are directly involved. If this policy is found to have been violated, appropriate remedial and corrective action, up to and including termination, will be taken against the offending party so that further discrimination, harassment and bullying will be prevented. Both the rights of the alleged offending party and the complainant will be considered in any investigation and subsequent action.
 
5.  Duty to Cooperate 
Members of the collective group are expected to cooperate fully in the investigation process. Members of the collective group who refuse to cooperate in an investigation, who interfere with an investigation, and/or who file complaints of discrimination, harassment, bullying and/or retaliation in bad faith may face disciplinary action up to and including termination of employment. In addition, disciplinary action may be taken against any member of the collective group who attempts to discourage or prevent an individual from using the FOGRA complaint procedure to report discrimination, unlawful harassment or bullying. 
 
6. No Retaliation 
Retaliation by a member of the collective group against any individual who makes a complaint of discrimination, unlawful harassment or bullying is strictly prohibited. Similarly, any person who participates or cooperates in any manner in an investigation or any other aspect of the process described herein shall not be retaliated against. Retaliation is itself a violation of this policy and is a serious offense. Complaints regarding allegations of retaliation should be immediately brought to the attention of the Board of Trustees President.  
 
7.  Corrective Action 
If discrimination, unlawful harassment or bullying of, or by, an employee/volunteer/visitor/vendor, is established, FOGRA will take remedial and corrective action that is reasonably calculated to stop the discrimination, harassment and/or bullying. In cases in which the alleged offending party is not an employee/volunteer/visitor/vendor, FOGRA will take action to minimize the recurrence of any unlawful behavior. 
 
Discipline that FOGRA imposes on members of the collective group for behavior that violates this policy (or for other unprofessional conduct) may include, but is not limited to, reprimand, mandatory attendance at an anti-discrimination and/or anti-harassment training program, suspension, demotion or dismissal. Discrimination, unlawful harassment or bullying by non-employees may result in restricting the offending party’s access to FOGRA facilities or termination of the offending party’s contract or business relationship with FOGRA. 
I have read and understand this policy: 

Hold Harmless
The undersigned agrees to indemnify and hold the Friends of the Glen Rock Arboretum, Inc. and the Borough of Glen Rock, its Officers, Agents, and Employees harmless from any and all liability, claims, damages, court costs, and attorney fees arising from any use of the Thielke Arboretum, including, but not limited to Volunteering, Attending Events, Use of the Grounds and Property and use of the Vielbig/Scerbo EEC.
 
I understand that this Hold Harmless Agreement also requires that the Friends of the Glen Rock Arboretum, Inc. and the Borough of Glen Rock are indemnified from any losses or damages resulting from the acts or omissions from any guest, participant, visitor, or other person using Thielke Arboretum as described above.