Non-Discrimination Policies
Equal Employment
Guitars Over Guns mentors and in-school coordinators are defined as “subcontractors” not “employees.” In the interests of fair and equitable treatment, Guitars Over Guns models its admissions and deployment policies and practices to all members as follows:
1. Recruit, hire, onboard and promote persons in all capacities to ensure a diverse and inclusive climate without regard to race, gender, sex, religion, sexual orientation, gender identity expression, age, color, political affiliation, parental status, mental or physical disability, genetic disposition or carrier status, citizenship status, creed, national origin, marital status, military service, or veteran status;
2. Make Guitars Over Guns members’ acceptance decisions to further the principle of equal employment opportunity;
3. Ensure that leadership opportunities are provided for all Guitars Over Guns members in accordance with the principle of equal opportunity by imposing only valid requirements for these opportunities.
Affirmative Action
Guitars Over Guns does not discriminate against any group of people in its employment, hiring, and admissions practices and policies. Guitars Over Guns is committed to taking specific affirmative action, including using transition plans, goals, and timetables to ensure equal employment/participant opportunity. Guitars Over Guns will review, investigate and, where necessary, initiate changes in its processes about facilities and programs to ensure accessibility to the public.
Civil Rights Compliance
The Guitars Over Guns Chief Executive Officer is responsible for ensuring that Guitars Over Guns’ Equal Employment Opportunity and Affirmative Action policies are followed. If Guitars Over Guns members feel they have been discriminated against in any employment or other people/team-related action, please contact the Chief Executive Officer or designated Guitars Over Guns Board Member.
Any Guitars Over Guns member who believes that they or others have been discriminated against, or who seeks more information, may contact the U.S. Department of Health and Human Services Office for Civil Rights.
Inclusion of People with Disabilities
Guitars Over Guns prohibits any form of discrimination against persons with disabilities in recruitment, as well as in service, and complies with the requirements of Section 504 of the Rehabilitation Act.
No qualified individual with a disability shall, by reason of disability, be excluded from participation in or be denied the benefits of the program, services, or activities of the program, or be subjected to discrimination by the program; nor shall the program exclude or otherwise deny equal services, programs, or activities to an individual because of the known disability of an individual with whom the individual is known to have a relationship or association. According to Section 504, the term “disability” means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the individual’s major life activities, a record of having such an impairment, or being regarded as having such an impairment. “Major life activities” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
A “qualified individual with a disability” is an individual with a disability who with or without reasonable accommodations meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the program. Reasonable accommodations may include modifying rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services.
Guitars Over Guns will make reasonable accommodations in policies, practices, or procedures when the accommodations are necessary to allow an individual with a disability to perform the essential functions of a position, unless making the modifications would fundamentally alter the nature of the service, program, or activity, and/or impose an “undue hardship.” A reasonable accommodation may include: making facilities readily accessible to and usable by individuals with disabilities; position restructuring; part-time or modified schedules; acquisition or modification of equipment or devices, or materials or policies.
Self-Identification
A potential Guitars Over Guns member with a disability is not required to disclose information about any physical or mental limitations, whether or not they believe it will interfere with the Guitars Over Guns service provider’s capability to perform the essential functions of the position sought or held. If a Guitars Over Guns member would like Guitars Over Guns to consider any special arrangements to accommodate a physical or mental impairment, the Guitars Over Guns member must describe the functional limitation(s) and barriers, and cooperate with program staff to identify possible accommodations to overcome the limitation(s). Medical verification of the condition may be requested by Guitars Over Guns for the Guitars Over Guns member to be protected under Section 504 of the Rehabilitation Act.
Confidentiality
Information provided regarding their disability by a potential Guitars Over Guns member shall be kept confidential; however, appropriate supervisors, managers and safety and health personnel may be informed regarding any restrictions in service duties or necessary accommodations.
The Guitars Over Guns member to whom a disclosure of a disability is communicated may not share that information with anyone (other staff, Guitars Over Guns mentors, service partners, etc.) except under the circumstances described above.
Before a Guitars Over Guns member discloses a disability to others, they must discuss this with the relevant Guitars Over Guns member. Whenever possible, the relevant Guitars Over Guns member should personally disclose their disability.
Although Guitars Over Guns members are not required to do so, they may disclose their disability to the members of their team, the Guitars Over Guns greater community, and their service partner(s) in order to facilitate smooth implementation of accommodation without the appearance of preferential treatment.
Process for Requesting Reasonable Accommodation
At any point, a Guitars Over Guns member may request an accommodation for a disability. The request for an accommodation can be made to the Regional Director in writing. A request for accommodation must include documentation from the treating physician or healthcare professional stating:
1. The impairment, including its nature, severity, and expected duration.
2. Activities the impairment limits and the extent to which they are limited.
3. Documentation may not be required if the disability is visibly observable (e.g., a member using a wheelchair).
Guitars Over Guns leadership will work with the Guitars Over Guns member to come to an agreement as to what accommodation will be necessary. This process may also include site staff consulting with the treating physician or healthcare professional and/or organizations in the disability community with expertise regarding the specific type of disability. Guitars Over Guns will make every attempt to provide reasonable accommodations.
Factors to consider in determining an appropriate, reasonable accommodation would be:
1. How will the reasonable accommodation enable the member to perform the essential functions of the position?
2. Will the reasonable accommodation incur undue financial or administrative burden on the organization (unduly costly, extensive, substantial, or disruptive)?
3. What type of accommodation is required? What is the cost of the accommodation?
4. What are the overall financial resources of the program and the effect on expenses and resources of the program?
5. How will the reasonable accommodation impact the operation of the program, including the impact on the ability of other members to perform their duties and the impact on the program’s ability to conduct business?
6. Would providing the reasonable accommodation change the nature of Guitars Over Guns’ program?
Upon notification of the request for a reasonable accommodation, the program shall immediately initiate the process for review of the request. The program will expedite the process in a prompt and efficient manner. If the program approves the reasonable accommodation, the accommodation should be provided within a reasonable amount of time.
If Guitars Over Guns denies an applicant or member a reasonable accommodation, the individual may use the grievance procedure previously outlined to appeal the decision.
Civil Rights & Non-Harassment
Harassment is a form of discrimination and is against the law. Guitars Over Guns is committed to maintaining an environment in which all people are treated with respect and dignity. Guitars Over Guns believes that harassment of any individual hurts both the individual and the organization as a whole.
Guitars Over Guns will not tolerate harassment on any basis including race, gender, sex, religion, sexual orientation, gender identity expression, age, color, political affiliation, parental status, mental or physical disability, genetic disposition or carrier status, citizenship status, creed, national origin, marital status, military service, and veteran status, or any other category protected by applicable law.
Harassment may occur when a Guitars Over Guns member is treated differently in the workplace because of their membership in or identification with one of the categories listed above. Slurs and other verbal or physical conduct relating to an individual’s gender, race, ethnicity, religion, sexual orientation or any other basis constitute harassment.
Definition of Sexual Harassment
Acts which are considered to constitute sexual harassment include but are not limited to:
1. Unwelcome sexual advances,
2. Requests for sexual favors, and
3. Other verbal or physical conduct of a sexual nature where submission to such conduct is either an expressed or implied term or condition of employment/participation;
4. Submission to or rejection of such conduct is used as a basis for an employment/acceptance decision affecting the harassed person;
5. The purpose or the effect of such conduct is to substantially interfere with the affected individual’s work/service performance or to create an intimidating, hostile, or offensive work/ service environment; or
6. Bias, either against or in favor of, an individual Guitars Over Guns member as the result of such behavior.
Sexual harassment guidelines apply equally to all genders. This policy extends to each and every level of Guitars Over Guns’ operations. Accordingly, sexual harassment, whether by a fellow Guitars Over Guns member, employee, manager, supervisor or non-employee doing business with Guitars Over Guns, will not be tolerated. Harassment includes but is not limited to behavior that is unwelcome or offensive, one-sided (not reciprocated) and repetitive, produces an intimidating environment, or makes the recipient feel powerless to stop it; whether or not sexual harassment exists depends on the recipient’s perception of these conditions, not the initiator’s intent or perception.
Responsibility to Report Harassment
To reinforce Guitars Over Guns’ policy to provide each Guitars Over Guns member with a work/service environment free from harassment, Guitars Over Guns leadership is responsible for preventing and/or eliminating all forms of harassment within their respective departments. Additionally, if a Guitars Over Guns member has been the subject of such discrimination or harassment or has witnessed acts of discrimination or harassment involving others, they must report it. If it is determined that harassment has occurred, leadership will take appropriate action against the offending party, up to and including dismissal. No one at Guitars Over Guns will retaliate against any Guitars Over Guns member who reports or claims harassment regardless of outcome.
Specific Steps to Report Harassment
When a Guitars Over Guns member feels that they are being harassed, they should promptly take the following steps:
1. Clearly state to the offending party how they feel about the conduct, and firmly request that the conduct cease immediately. This discussion should provide the offending party the opportunity to understand the concerns, with sufficient clarity and detail, so as to prevent recurrence.
2. If, after such discussion, the harassment continues, or if the individual is uncomfortable speaking about the conduct to the offending part y, the Guitars Over Guns member should promptly bring the situation to the attention of the Regional Director, or someone else on the leadership team.
3. If the particular circumstances make the above harassment reporting inappropriate or uncomfortable (for example, if the complaint involves a member of the leadership team, or if there is a fear of retaliation), the complaint should be brought to the attention of the Chief Executive Officer, Guitars Over Guns Director of Mental Health, or designated Guitars Over Guns Board Member. (contact information at bottom of page)
4. Any person who believes that he or she has been discriminated against in violation of civil rights laws, regulations, or this policy, or in retaliation for opposition to discrimination or participation in discrimination complaint proceedings (e.g., as a complainant or witness) may raise their concerns with the Office of Civil Rights.
NOTE: If the offending situation or act is physical and may constitute sexual assault, the Guitars Over Guns member should report the situation immediately to the Regional Director or someone on the Guitars Over Guns leadership team. Timely reporting is critical to ensuring prompt action by the appropriate parties so the facts can be established and all Guitars Over Guns members feel safe.
Confidentiality
Because of their sensitive nature, all complaints of harassment will be investigated as quickly as feasible and with care and will remain, to the extent possible, strictly confidential. Information concerning the investigation will not be released to third parties, except when necessary. Guitars Over Guns requires all members to ensure a harassment-free workplace. To this end, members are encouraged to come forward to report harassment complaints. No one at Guitars Over Guns will retaliate against any Guitars Over Guns member because of a claim of harassment.
Investigation
After a harassment complaint has been filed, management, and when necessary the board, will promptly investigate the allegations contained in the complaint. Such investigation shall include interviews with persons identified as having direct and personal knowledge of the incident(s) in question.
Action
If the investigation reveals that the complaint is valid, Guitars Over Guns will immediately take appropriate action against the offending party. Leadership retains the right to take whatever action it deems appropriate under the circumstances, up to and including dismissal of the offending party.
Reporting Incidents of Misconduct & Accidents
If the investigation reveals that the complaint is valid, Guitars Over Guns will immediately take appropriate action against the offending party. Leadership retains the right to take whatever action it deems appropriate under the circumstances, up to and including dismissal of the offending party.
Policy & Reporting to Organization Leadership
In order to protect the well-being of Guitars Over Guns members, and the public it serves, Guitars Over Guns requires that all incidents or alleged incidents of misconduct or potential misconduct and all accidents be reported immediately to the Regional Director. If the Regional Director is unavailable, then the member should report the incident to the CEO. If the Regional Director and CEO are unavailable, the incident should be reported to the designated Guitars Over Guns Board Member. The Regional Director is responsible for ensuring that incidents are reported to the appropriate authorities, internal and external.
Investigative Measures
The Guitars Over Guns board and staff will work in conjunction with the appropriate Guitars Over Guns members, service partners, etc. to conduct a complete investigation, which may result in action up to and including suspension, dismissal or termination, and referral to official authorities.
Privacy
Important: Guitars Over Guns requires that the privacy of everyone involved in the incident be respected. All forms, inquiries, reporting, and communication must be done confidentially.
Timeline & Specific Steps
All incidents of misconduct or potential misconduct must be reported immediately according to the following process:
1 . Whoever witnesses or otherwise learns of the incident notifies the Regional Director or Chief Executive Officer of the person or persons involved, on the day of the incident. (If the incident occurs after business hours, the Regional Director or Chief Executive Officer must be notified first thing the next morning).
2. The Regional Director notifies the Chief Executive Officer and/or calls to notify the designated board member on the day of the incident depending on severity. (If the incident occurs after business hours, the Regional Director must be notified first thing the next morning).
3. The Regional Director, after notifying the CEO, and if necessary the designated board member, of the incident, ensures completion of an Incident Report (found on Salesforce) form and emails or carries a copy of it to the CEO, and if necessary, the Guitars Over Guns designated board member.
4. If the designated board member is brought into the situation, it is their judgement on whether or not the rest of the board should be involved in resolving the incident.
Examples of Misconduct
Examples of accidents and misconduct or potential misconduct include, but are not limited to:
1. All areas of required reporting, as listed in the previous section
2. Sexual harassment or assault
3. Discrimination on the basis of race, gender, religious affiliation, citizenship status, sex, sexual orientation, age, ethnicity, veteran status, color, political affiliation, mental or physical challenges or disability, creed, national origin, and marital status
4. Inappropriate use of any Guitars Over Guns funds or resources
5. Verbal or physical threats, abuse, or assault
6. Use or possession of alcohol on the job
7. Illegal activity, including the use or possession of illegal substances on the job
8. Generally inappropriate conduct or behavior that, in the best judgment of the person who witnesses or hears it, constitutes misconduct
9. Misconduct or suspected misconduct by anyone, including non-Guitars Over Guns individuals, at any of the service sites at which we serve
10. Driving during Guitars Over Guns hours and damaging or injuring something or someone
Contact Information for Reporting Purposes
Regional Director, Miami: Walker Moseley, (828) 773-9006
Regional Director, Chicago: Andrew Demuro, (908) 489-2752
Director of Mental Health & Wellness: Natasha Santana-Viera, (407) 232-1310
COO: Jono De Leon, (973) 713-9968
CEO: Chad Bernstein, (847) 420-6327
Designated Guitars Over Guns Board Member: Kellie O’Connell, (312) 720-3203