Anti-Harassment Policy

Policy Statement

Animeland Wasabi strives to create and maintain a convention environment in which people are treated with dignity, decency and respect. The environment of Animeland Wasabi should be characterized by mutual trust and the absence of intimidation, oppression and exploitation. Attendees and employees should be able to in in a safe, yet stimulating atmosphere. The accomplishment of this goal is essential to the mission of Animeland Wasabi. For that reason, Animeland Wasabi will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, the company will seek to prevent, correct and discipline behavior that violates this policy.  If you feel your safety or the safety of others is in jeopardy please contact the Denver Police Department at 911 if an emergency. The non-emergency number for this area is 303-627-3100.

All attendees and employees of the convention are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy. Based upon the seriousness of the offense, disciplinary action may include verbal or written reprimand or legal action.

Prohibited Conduct Under This Policy

Discrimination

  • It is a violation of this policy to discriminate in the provision of attendee opportunities, benefits or privileges; to create discriminatory conditions; or to use discriminatory evaluative standards of attendees if the basis of that discriminatory treatment is, in whole or in part, the person’s race, color, national origin, age, religion, disability status, gender, sexual orientation, gender identity, genetic information or marital status.

  • Discrimination of this kind also may be strictly prohibited by a variety of federal, state and local laws, including Title VII of the Civil Rights Act 1964, the Age Discrimination Act of 1975, and the Americans With Disabilities Act of 1990. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws.

  • Discrimination in violation of this policy will be subject to severe sanctions up to and including being ban from the convention.

Harassment

Harassment, including sexual harassment, is prohibited by federal and state laws. This policy prohibits harassment of any kind, and the company will take appropriate action swiftly to address any violations of this policy. The definition of harassment is verbal or physical conduct designed to threaten, intimidate or coerce. Also, verbal taunting (including racial and ethnic slurs) that, in the employee’s opinion, impairs his or her ability to perform his or her job.

Examples of harassment:
  • Verbal: Comments that are not flattering or are unwelcome regarding a person’s nationality, origin, race, color, religion, gender, sexual orientation, age, body disability or appearance. Epithets, slurs, or negative stereotyping.

  • Nonverbal: Distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility or aversion toward an individual or group because of national origin, race color, religion, age, gender, sexual orientation, pregnancy, appearance disability, gender identity, marital or other protected status.

Sexual Harassment

Sexual harassment in any form is prohibited under this policy. Sexual harassment is a form of discrimination and is unlawful under Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC), 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 or rejection of such conduct is used as the basis for employment decisions…or such conduct has the purpose or effect of…creating an intimidating, hostile or offensive working environment.”

Sexual harassment includes unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when such conduct:

  • Is made explicitly or implicitly a term or condition of attending the show.

  • Is used as a basis for the ability to attend the show.

  • Unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or otherwise offensive environment.

Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is unwelcome, that is personally offensive, that lowers morale and therefore interferes with work effectiveness. Sexual harassment may take different forms.

Examples of conduct that may constitute sexual harassment:
  • Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, threats. Requests for any type of sexual favor (this includes repeated, unwelcome requests for dates). Verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sex oriented and considered unwelcome

  • Nonverbal: The distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, email, photos, text messages, Internet postings, etc., that is sexual in nature

  • Physical: Unwelcome, unwanted physical contact, including but not limited to touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling; forced sexual intercourse or assault.

Normal, courteous, mutually respectful, pleasant, non-coercive interactions between employees, including men and women, that are acceptable to and welcomed by both parties, are not considered to be harassment, including sexual harassment.

There are basically two types of sexual harassment:

  • “Quid pro quo” harassment, where submission to harassment is used as the basis for convention activity.  Attendee benefits such as raises, promotions, better working hours, etc., are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Example: A supervisor promising an employee a raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her

  • “Hostile convention environment,” where the harassment creates an offensive and unpleasant convention environment.  Hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees or customers. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials or even unwelcome physical contact as a regular part of the work environment. Texts, emails, cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category

Retaliation

No hardship, no loss or benefit, and no penalty may be imposed on an attendee as punishment for:

  • Filing or responding to a bona fide complaint of discrimination or harassment.

  • Appearing as a witness in the investigation of a complaint.

  • Serving as an investigator.

Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe sanctions up to and including termination.

The Complaint Process

Any person electing to utilize this complaint resolution procedure will be treated courteously, the problem handled swiftly and as confidentially as feasible in light of the need to take appropriate corrective action, and the registering of a complaint will in no way be used against the employee nor will it have an adverse impact on the individual’s employment status. While reporting such incidents would be a difficult personal experience, allowing harassment activities to continue will most certainly lead to less desirable outcomes. For that reason, employees are strongly urged to utilize this procedure. However, filing groundless and malicious complaints is an abuse of this policy and is prohibited.

Complaint Procedure

The following complaint procedure will be followed in order to address a complaint regarding harassment, discrimination or retaliation:

  • A person who feels harassed, discriminated or retaliated against may initiate the complaint process by finding an employee of Animeland Wasabi and report the incident to Con-Ops. A director of Animeland Wasabi will investigate the issue to find the root cause.

Within hours of of receiving the complaint, a director of the Animeland Wasabi will:

  • Notify the person(s) charged [hereafter referred to as “respondent(s)”] of a complaint.

  • Initiate the investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred.

  • During the investigation, the director, together with legal counsel or other management employee, will interview the complainant, the respondent and any witnesses to determine whether the alleged conduct occurred.

  • If it is determined that harassment or discrimination in violation of this company’s policy has occurred, the director will recommend appropriate disciplinary action. The appropriate action will depend on the following factors: (i) The severity, frequency and pervasiveness of the conduct; (ii) Prior complaints made by the complainant; (iii) Prior complaints made against the respondent; (iv) The quality of the evidence (first-hand knowledge, credible corroboration etc.).

  • If the investigation is inconclusive or it is determined that there has been no harassment or discrimination in violation of this policy, but some potentially problematic conduct is revealed, preventative action may be taken.

  • Within 24 hours after the investigation is concluded, the director will meet with the complainant and the respondent separately in order to notify them in person of the findings of the investigation and to inform them of the action being recommended by the director.

  • The complainant and the respondent may submit statements to the director challenging the factual basis of the findings. Any such statement must be submitted no later than 24 hours after the meeting with the director in which the findings of the investigation is discussed.

  • Within 24 hours from the date the director meets with the complainant and respondent, the company will review the investigative report and any statements submitted by the complainant or respondent, discuss results of the investigation with the director and other management staff as may be appropriate and decide what action, if any, will be taken. The director will report the company’s decision to the complainant, the respondent and the appropriate management assigned to the department(s) in which the complainant and the respondent work. Animeland Wasabi’s decision will be in writing and will include finding of fact and a statement for or against disciplinary action. If disciplinary action is to be taken, the sanction will be stated.

Alternative Legal Remedies

Nothing in this policy shall prevent the complainant or the respondent from pursuing formal legal remedies or resolution through state or federal agencies or the courts.