Table of Contents
Part I. General Statement of Policy
- EQUAL OPPORTUNITY POLICY
- CONFLICTS OF INTEREST
- DATA PROTECTION NOTICE
- WORKPLACE VIOLENCE PREVENTION
- REPORTING IMPROPER OR UNETHICAL CONDUCT
- COMPLAINT AND GRIEVANCE PROCEDURE
This web-based document has been prepared to acquaint Members of the School with the policies of the American School of Classical Studies at Athens (“ASCSA” or the “School”). The ASCSA community includes employees as well as many individuals who are not employees in the strict sense: members at all levels (regular, student associate, senior associate), participants in summer programs and affiliated research projects (students, researchers, hired workers), members of the Managing Committee, Trustees, Overseers, vendors, suppliers and contractors. Anytime these non-employee affiliates are acting within their roles as affiliates of the ASCSA they are protected by and expected to abide by these policies.
We emphasize that the prohibitions against discrimination, inappropriate conduct, retaliation and harassment set forth in these polices apply not only to the conduct of employees of the ASCSA but also to the conduct of non-employee affiliates (for example, members at all levels, participants in summer programs and affiliated research projects, members of the Managing Committee, Trustees, Overseers, vendors, suppliers and contractors) with whom our employees interact in the course of their employment with the School. Consequently, if you feel discriminated, retaliated against or harassed (sexually or otherwise) by a non-employee in the course of your affiliation with the ASCSA, you should use the procedure set forth in these policies. Conversely, the prohibitions against discrimination, harassment and retaliation set forth in these policies apply to your conduct relative to employees and non-employees with whom you come into contact in the course of your affiliation with the School.
The ASCSA is an Equal Opportunity Employer. We are committed to a healthy workplace environment that encourages growth and respect for all current and prospective employees based upon job-related factors such as their educational background, work experience, and ability to perform the essential functions of a particular job.
At-Will Statement: Membership or any other non-employee affiliation with the School may be terminated at any time for any or no reason.
Note that the numbering of sections here is retained from the unabridged version of the Personnel Policy even where sections have been removed from this condensed version. As a result numbering may show gaps.
EQUAL OPPORTUNITY POLICY
2.1 The School protects your right to have an educational and working community free from unlawful discrimination, harassment and retaliation and other inappropriate behavior as described in this Policy. Similarly, you are prohibited from engaging in unlawful discrimination, harassment and retaliation and other inappropriate behavior as described in these policies.
2.2 The School provides equal opportunity for employment and expressly prohibits any form of unlawful employee harassment to all applicants and employees without regard to age, sex, sexual orientation, gender identity, AIDS/HIV status, hereditary cellular or blood trait, genetic information, pregnancy, race, color, religion, creed, national or ethnic origin, ancestry, citizenship, immigrant status, military status, veteran status, marital status, family status, domestic partner status, civil union status, unemployment status, disability or handicap, and perceived or actual membership in any other protected class.
2.3 The School will not unlawfully consider an individual’s membership in any protected group as defined above with regard to: interviewing, hiring, compensation, benefits, training, assignments, evaluations, coaching, promotions, discipline, discharge and layoffs. Nor will the School unlawfully consider an individual’s membership in any protected group as defined above with regard to applications for membership at any level, for research permits, or for fellowships, grants or scholarships.
2.4 The School’s policy on equal employment opportunity supports and is consistent with the School’s commitment to enhancing diversity and inclusiveness. Diversity means not only membership in the various “protected groups” identified above, but also diversity in experience, perspective, ideas, style and contacts. We believe that we are much stronger as a School as a result of the richness of our diversity and strive to ensure that we have policies and practices that are respectful of diversity and promote inclusion.
2.5 Professional behavior and civility are expected of all members of the School community, both employees and non-employee affiliates. Exploitation, discrimination, harassment of all types, and abuse are damaging to morale and collegiality, and will not be tolerated by the School. Officers of the School, all permanent and temporary staff, all short or long-term members of the School, including all personnel on affiliated research projects, as well as members of the Managing Committee, Trustees of the School, and the Overseers of the Gennadius Library, should avoid inappropriate behavior and promote a collegial atmosphere.
- The unabridged text of this Personnel Policy provides examples of behaviors, communications, etc. that are inappropriate, and as such, prohibited, regardless of whether they are illegal.
2.6 Sexual harassment is a form of sex discrimination which the School does not tolerate. The following behaviors are prohibited, regardless of gender:
- To threaten or insinuate, expressly or implicitly, that any person is required to submit to sexual advances or to provide sexual favors as a condition of employment, continued employment or any term, condition or benefit of employment, or that a person’s refusal to submit to sexual advances or to provide sexual favors will affect adversely the person’s employment, continued employment or any term, condition or benefit of employment.
- To engage in unwelcome sexually-oriented or otherwise hostile conduct which has the purpose or effect of interfering unreasonably with another person’s work performance or of creating an intimidating, hostile, abusive or offensive working environment. Whether something is unreasonable is determined from the perspective of the person experiencing the conduct (not the person engaging it).
- The unabridged text of this Personnel Policy provides examples of prohibited behaviors.
2.7 This prohibition against sexual harassment shall not be construed as in any way preventing or discouraging the proper academic consideration of objects and texts that may be of an obscene nature in the context of teaching and research, whether in the classroom or on site.
2.8 These prohibitions set forth above apply to oral and written communications, e-mail, voicemail, internet communications and searches, and other technology-assisted communications.
2.9 The prohibitions set forth above apply not only in the workplace itself but also to all other work-related settings, such as off-site work meetings and seminars, field projects, conferences and work-related social functions.
2.10 It is of no defense to inappropriate behavior that there was no bad intent, that it was only a “joke,” or that it was not directed at any particular person.
2.11 If you believe you have experienced discrimination, inappropriate behavior or harassment, you should follow the procedure in section 14 below.
3.1 While personal relationships may develop in a professional setting, there are restrictions. While you have a right to say “yes” to personal invitations (such as a request for a date), you also have an absolute right to say “no.” Personal relationships between employee or non-employee affiliate (i.e. Members) and supervisor (and/or staff) are strongly discouraged but are not prohibited.
3.2 If anyone encounters or feels any unwelcome pressure to become intimately involved with any employee or non-employee affiliate (member, trustee or overseer, member of Managing Committee, customer, vendor, supplier, etc.), such person is urged to use the procedure set forth below. Employees and non-employee affiliates are prohibited from retaliation against anyone who refuses to enter into an intimate relationship (for the complaint and anti-retaliation policies, see section 14)
3.3 In the absence of a complaint (utilizing the procedure in section 14), the School will assume that any relationship is entirely consensual and welcome.
3.4 To avoid actual, potential or perceived favoritism, should a member of the School faculty develop a consensual, intimate relationship with a student member of the School they must notify the Director of the School. Failing to provide such notification may result in disciplinary action.
3.5 In circumstances where a consensual, intimate relationships does exist where one person would otherwise make discretionary decisions that could affect the other person, the decision-making authority shall be transferred to the next level of the reporting chain.
4.1 When members with physical or mental disabilities (including disabilities caused by, exacerbated by, or related to pregnancy or childbirth, including recovery from childbirth) or handicaps notify the School of such disabilities or handicaps and request reasonable accommodations (such as a leave of absence) for such disabilities or handicaps, the School will make reasonable accommodations on behalf of such individuals.
4.2 Similarly, when individuals notify the School of pregnancy (including pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth) and request reasonable accommodations relating to the same, the School will make reasonable accommodations on behalf of such individuals, regardless of whether they are disabled.
4.3 Finally, when individuals notify the School of sincerely-held religious observances, practices and beliefs and request reasonable accommodations relating to the same, the School will make reasonable accommodations on behalf of such individuals.
4.4 Upon receiving a request for a reasonable accommodation, the School will comply with its legal obligation to engage in an interactive process to make an individualized determination of whether and how a reasonable accommodation can be provided. An individual does not have to use the words “reasonable accommodation” or “disability,” for example, in order to make a request.
4.5 No accommodation will be made if it imposes an undue hardship on the School.
4.6 The School will treat a medical condition or complication that is caused or exacerbated by pregnancy no differently from other medical conditions for the purpose of determining whether an individual is disabled, engaging in the interactive process, and evaluating whether an individual is entitled to a reasonable accommodation (e.g., leave of absence and/or time off).
4.7 If you believe you need an accommodation for any of the reasons set forth above, please contact your supervisor, or Director of the School.
4.8 If you are not satisfied with any accommodation offered by the School, or with the School’s denial of your request for a reasonable accommodation, you may challenge such decision by using the complaint procedure in section 14 below.
4.9 If you are a supervisor and anyone requests an accommodation of you, you must report this to the Chair of the Managing Committee in the U.S., or the Director of the School in Athens. You may neither keep the request confidential nor resolve the request on your own. If you are not sure whether you have a duty to report, play it safe and report.
5.1 The School, as a matter of institutional policy and as required by law, is committed to the prevention of unlawful possession, use, or distribution of illegal and illicit drugs and alcohol by employees and all non-employee affiliates.
5.2 The School has adopted a zero-tolerance drug and alcohol policy. With this policy, it is the intention of the School to use every lawful means to establish and maintain a drug and alcohol-free working environment. This policy does not apply to the moderate consumption of alcohol during School-sponsored receptions or other events that are part of an employee’s or non-employee affiliate’s duties, so long as that consumption does not violate the policy on Fitness for Duty, section 5.8, below.
5.3 This policy addresses illegal drugs and the unauthorized use of legal drugs, such as expired prescriptions, or other substances that are controlled or outlawed, are obtainable by lawful methods, or are legally obtainable but were not obtained in a lawful manner.
- For purposes of this policy, illegal drugs includes (1) any chemical substance whose manufacture, use, possession or sale is prohibited by applicable law; (2) any legally-dispensable controlled substance (medications available only as prescribed by a licensed physician) obtained fraudulently or used by any individual other than the person for whom prescribed; (3) any prescription or over-the-counter medication capable of impairing one’s alertness and/or physical or mental reflexes taken for purposes of abuse or misuse.
5.4 The School prohibits the use, sale, manufacture, distribution, dispensation or possession of illegal drugs, drug paraphernalia or any combination thereof, wherever the employee or affiliated non-employee is performing job duties during the Work Day. This includes the School’s vehicles on or off the School’s premises. Operation of the School’s vehicles on or off the School’s premises while under the influence of alcohol is also prohibited. Violation of this policy will subject the employee or affiliated non-employee to disciplinary action up to and including immediate termination and may have legal consequences.
- Work Day includes, in addition to actual working time, break and meal periods, if the employee returns to work after such break or meal period, regardless of whether the individual is on School premises during such time and regardless of whether the individual is paid for such time.
5.5 If you are taking any prescription or over-the-counter medication which could interfere with your participation in activities expected of student or senior members of the School, please inform your supervisor or the Director of the School.
- “Prescription or Over-the-Counter Medication” is defined as medication normally taken for medicinal or other legitimate reasons, consistent with directions of a physician or, in the case of over the counter medications, consistent with the directions on the package.
5.6 The School is a smoke-free work place. Employees and affiliated non-employees observed in violation of this policy may be subject to disciplinary action.
5.7 An employee or affiliated non-employee who believes that he or she may have a drug and/or alcohol problem is encouraged to get help.
Fitness for Duty
5.9 Any employee or affiliated non-employee who knows or believes that other employees, members, vendors or guests have engaged or are engaging in conduct prohibited by this policy, should immediately refer this information to the Director of the School.
CONFLICTS OF INTEREST
6.1 The School’s Conflict of Interest Policy is available here https://www.ascsa.edu.gr/about/governance/managing-committee-documents
6.2 All members shall refrain from engaging in outside activities or financial interests incompatible with the goals of the School or which affect adversely the effective performance of their duties. In so far as doing so is incompatible with the values of the School and the ethical statements of the Archaeological Institute of America and the Society for Classical Studies, they must also refrain from dealing with antiquities in any way that contravenes the laws of the U.S., Greece or other neighboring countries, or the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
8.1 In the course of being at the School, you may, from time to time, be placed in a position of trust and confidence in which you receive or contribute to the creation of confidential and/or proprietary information relative to the operations of the School. This confidential and/or proprietary information includes, but is not limited to, to the extent not generally known by or readily accessible to the public. Specific examples are detailed in the full Personnel Policy, but this can include information such as: Research-and-development projects, plans and results; Technical information, such as publications, studies, photographs or notes of archeological excavations.
8.2 During your affiliation with the School:
- You may not use or disclose such confidential and/or proprietary information for personal gain or for any purpose which does not further and/or which is inconsistent with the business interests of the School;
8.5 An employee or non-employee affiliate (i.e. member) who violates the Confidentiality Policy will be subject to appropriate disciplinary action, up to and including immediate discharge.
DATA PROTECTION NOTICE
9.1 The collection and use by the School of personal data about members is strictly controlled by the EU General Data Protection Regulation 2016/679 (“GDPR”), as well as other legislation and/or regulation implementing or created pursuant to the GDPR and all other national applicable laws relating to the processing of personal data and privacy that may exist under applicable law. Details of the relevant policies and protections are found in Sections 9 of the School’s Personnel Policy Part 1.
WORKPLACE VIOLENCE PREVENTION
10.1 The School strictly prohibits workplace violence. Ensuring workplace security is a responsibility we all share. Although the list below is not all-inclusive, the following behaviors are absolutely prohibited:
- Threatening to harm any employee or non-employee affiliate. Prohibited threats can be written or oral, expressed or implied. The fact that a threatening comment may have been made in jest is of no defense.
- Threatening to cause damage to the School’s affiliate.
- Possessing or concealing a weapon while on School premises or anywhere else while doing business for the School. For purposes of this prohibition, a weapon is defined to include guns, rifles, firearms, knives, explosives, bombs and any and all other tools or instruments capable of inflicting harm to persons or property. In the case of guns, rifles and other firearms, it is irrelevant that the person has a license or that the gun, rifle or firearm has no ammunition in it.
- Physically assaulting, attacking or otherwise intentionally causing injury to any person with whom you interact in connection with your employment or other affiliation with the School. The only narrow exception to this rule is an employee may use physical force in self-defense under circumstances in which the employee cannot withdraw safely from the situation without the use of physical force.
- Intentionally causing damage to property belonging to the School or any employee or non-employee affiliate.
10.2 We encourage you to speak with the Director of the School, the Assistant Director, the Mellon Professor, or a member of the School’s security staff immediately in any of the following situations:
- You feel that you are being intimidated, threatened or harassed, verbally or physically, by a co-worker or anyone else with whom you do business or by a non-employee independent of your relationship with the School but feel you may be in danger at our workplace;
- You become aware of the existence of an individual on or near School premises under circumstances that you find suspicious;
- You become aware of any other action, situation or occurrence that you believe may threaten your personal safety or the well-being of those around you
10.4 Additional comments on workplace security:
- Lock all valuables in your desk or locker. The School is not responsible for personal items you bring onto our premises.
- Do not challenge or confront a hostile or angry person. Attempt to defuse the situation and to remove yourself from the situation; then, notify School staff.
- Please speak to School staff if you have any ideas as to how we can make our workplace safer.
10.5 Any member or staff member who violates any of the prohibitions set forth above will be subject to immediate discharge and may be subject to criminal prosecution.
11.1 The School emphasizes safe activity in the School facilities, offices, excavations, or other field research. Members are expected to follow safety guidelines as established by the local jurisdiction, School staff, or senior staff of Affiliated Excavations to use personal protective equipment as required, and to follow safe handling practices when using tools, equipment and hazardous materials.
11.2 Members are expected to know the location of emergency equipment, first aid supplies, and how to locate emergency care services.
11.3 Members must inform School staff or senior staff of Affiliated Excavations of known hazards, material defects or equipment malfunction in the work place.
REPORTING IMPROPER OR UNETHICAL CONDUCT
13.1 Any member who reasonably believes that another School employee, officer, trustee, overseer, or member has committed an illegal act, fraudulent or dishonest conduct, or is involved in financial improprieties should report this immediately to the Chair of the Managing Committee or the Director of the School. If a member reasonably believes that the Chair of the Managing Committee or Director of the School is involved in any illegal activity or financial improprieties, the report should be made to the President of the Board of Trustees. Examples of fraudulent or dishonest conduct can be found in the full policy.
13.3 The School requires its employees, officers, trustees, supervisors and members to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As employees and representatives of the School, we must practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations. The School will neither engage in nor tolerate unlawful or unethical behavior with regard to any of its policies, practices or operations.
COMPLAINT AND GRIEVANCE PROCEDURE
14.1 The School recognizes the right of all employees and members of the School community to express grievances and to seek resolution. The School recognizes the potential difficulties in voicing grievances. In all cases, please speak with whichever person you feel the most comfortable, whatever your reasons.
14.2 If you believe that you or anyone else may have been discriminated against, harassed or retaliated against or subject to any inappropriate conduct prohibited by this policy (even if not unlawful), if you believe that someone has engaged in improper or unethical behavior prohibited by this policy, or if you believe that someone unjustly denied a request for a reasonable accommodation by any executive, manager, supervisor, co-worker or non-employee in violation of this policy, you should report your concerns immediately to the Director of the School.
14.4 Students at any academic level or researchers (regardless of academic affiliation or status), who are connected with an Affiliated Project or other research program involving the School, who wish to bring a grievance, should consider the director of the Affiliated Project or the faculty member responsible for the program to be the immediate supervisor. The stated grievance procedure of any Affiliated Project should be followed, whenever possible; but any complainant may follow the ASCSA procedures described here. In most cases, that would mean reporting any unresolved concerns to the Director of the School in Athens. Grievances involving Affiliated Projects or research programs, but occurring outside Greece, should be resolved by the appropriate authorities at the home institution.
14.5 In all cases, if you feel comfortable doing so, you are encouraged (but not required) to speak directly with the individual who has engaged in conduct which you believe is in violation of this policy and to notify that individual that such conduct is unwelcome. If you are uncomfortable with speaking directly to the individual, you should report your concerns immediately using the complaint procedure described above. In all cases, your concerns will be investigated promptly, thoroughly and impartially.
14.6 Anyone filing a complaint concerning a violation or suspected violation must act in good faith in believing the information disclosed indicates a violation. Any allegation that proves to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
14.7 On Confidentiality and Anonymity: The existence and nature of complaints, including the identity of any complainant, witness or accused, will be disclosed only to the extent necessary to make a prompt, impartial and thorough investigation or as may be necessary to take appropriate corrective measures. While anonymity may be necessary to protect a complainant or witness from later retaliation, the person(s) named in any grievance must be informed of any allegations and must have the opportunity to respond. Retaliation of any kind, at any future date, is strictly prohibited and will result in disciplinary action regardless of the person’s affiliation with the School at the time of the retaliation.
14.8 Anyone receiving a complaint from an employee or non-employee affiliate of unlawful discrimination, harassment, retaliation, refusal of accommodation, or other inappropriate conduct of the nature described in this policy, whether from within the School or from an Affiliated Project, must report the complaint immediately to the Director of the School. Such reporting is necessary for the School to maintain a confidential record of grievances and their resolutions.
14.9 The individual receiving a grievance report may attempt to resolve the situation through discussion with the parties involved.
14.10 All employees and non-employee affiliates – whether complainant, accused or witness – are expected to cooperate fully and honestly in any investigation of a violation of this policy.
14.11 If the grievance cannot be resolved by such consultation as described above, the Chair of the Managing Committee or the President of the Board of Trustees may appoint an ad hoc appeal committee comprising no fewer than three members of the Managing Committee or the Trustees respectively.
14.12 Your appeal should be in writing to help ensure that it is clear that you wish to appeal. While we encourage you to be detailed, it is sufficient to say “I wish to appeal my concern.”
Sanctions for Violations
14.13 Decisions and actions by the School in response to grievances do not replace or infringe upon decisions made by other institutions (universities, granting agencies, and so on) that may also be involved.
14.14 Any employee or non-employee affiliate who, after appropriate investigation, has been found to have engaged in unlawful discrimination, harassment or retaliation and/or inappropriate or unethical conduct inconsistent with this policy (even if not unlawful) will be subject to appropriate (immediate and proportionate) corrective action, up to and including termination of the employment or other affiliation with the School.
14.15 Any supervisor who fails to make an immediate report of a complaint or concern raised to them as required by this policy will be subject to appropriate (immediate and proportionate) corrective action, up to and including termination of the supervisor’s employment with the School.
14.16 As a reminder, conduct does not need to violate the law to violate this policy. At the same time, not every behavior that may be considered offensive to someone violates this policy.
14.18 The School will neither engage in nor tolerate unlawful retaliation of any kind, at any time, against any person who makes a complaint of a violation of this policy, serves as a witness or otherwise participates in the investigatory process. As with all other provisions of this policy, all employees and non-employee affiliates are protected by this provision as well as restricted in terms of what they do.
14.19 Retaliation is a serious violation of the School’s Whistle Blower Policy (See “Whistle Blower Policy,” adopted January 4, 2008, and available here https://www.ascsa.edu.gr/about/governance/managing-committee-documents).
14.20 Prohibited retaliation includes adverse tangible employment actions, such as denial of a raise or promotion, other material changes in the terms and conditions of employment, or adverse actions independent of the workplace of the School, such as excluding a complainant from a future employment, research, or fellowship opportunity.
14.21 It is no defense to retaliation by any person (officer, member, supervisor, etc.) that the complaint did not have legal merit. So long as an individual acts in good faith in making a complaint, no adverse action may be taken against the complainant for having made the complaint, served as a witness or otherwise participated in the investigatory process.
14.22 Prohibited retaliation will be handled under this policy in the same manner and subject to disciplinary/corrective action to the same degree as any other violation of this policy.