The Valley Preferred Cycling Center

Code of Conduct

Code of Conduct and Discrimination/Harassment Policy

PARTICIPANT CODES OF CONDUCT

In consideration of the rights granted to me as a participant with the Valley Preferred Cycling Center  (VPCC), I consent to abide by the rules of conduct set forth herein, while I am a participant of the VPCC. I understand that these rules extend to my conduct in activities related to, and during any VPCC sanctioned event In which I participate. This includes all events or activities sanctioned, or sponsored by the VPCC. I also understand that if I violate any of the following rules, I might be subject to whatever disciplinary action is deemed appropriate by the authorized person, persons, boards or committees of the VPCC.

THE FOLLOWING ACTIONS ARE PROHIBITED:

1. Violation of any anti-doping policies, protocols or procedures defined by the International Olympic Committee (IOC), World Anti-Doping Agency (WADA),, US Anti-Doping Agency (USADA) or the United States Olympic Committee (USOC). Violations of this provision will be adjudicated only by USADA or the proper anti-doing authority.
2. Possession, consumption or distribution of alcohol and/or tobacco if illegal or in violation of VPCC policy. VPCC policy prohibits the possession, consumption or distribution of alcohol and/or tobacco by anyone registered as a participant at the VPCC.
3. Physical damage to the facility or theft of items from the facility or other person. (Restitution will be part of any penalty imposed.)
4. Possession of fireworks, ammunition, firearms or other weapons or any item or material which by commonly accepted practices and principles would be a hazard or harmful to other persons.
5. Any action considered to be an offense under Federal, State or local law and/or ordinances.
6. Violation of the specific policies, regulations, and/or procedures of the VPCC or the facility used in conjunction with a sanctioned event. (It is the responsibility of the individual to be familiar with applicable specific policies, regulations and procedures.)
7. Conduct which is inappropriate as determined by comparison to normally accepted behavior.
8. Physical or verbal intimidation of any individual.
9.  Actions that will be detrimental to VPCC.

DISCRIMINATION / HARASSMENT POLICY

Introduction

It is VPCC’s policy that you should be able to enjoy VPCC–as an employee, competitor, spectator, or volunteer–free from all forms of discrimination and harassment, whether based on gender, race, ethnicity, religion, age, disability, sexual orientation, veteran status, or any other legally protected characteristic. Both discrimination and harassment are against the law, and VPCC is committed to preventing them in any form.

Anyone found to have violated this policy against discrimination and harassment (towards another employee, contractor, volunteer, participant, or spectator), will be subject to appropriate disciplinary action, up to and including discharge or being banned from the premises, determined at the sole discretion of VPCC management.

Nor will VPCC tolerate any retaliation against any person for initiating a discrimination or harassment complaint. Any person found to have retaliated against any person who has initiated a complaint under this policy will be subject to appropriate disciplinary action, determined at the sole discretion of VPCC management.

Because VPCC is open to the public, and relies on a number of non-employees to fulfill its mission, VPCC considers this policy to also apply to contractors, volunteers, competitors, support personnel (such as coaches) and spectators–regardless of whether they are covered by applicable state or federal law.

Discrimination and Harassment Defined

Given the broad nature of potential discrimination and harassment, as well as the wide variety of people who come to VPCC, it is difficult to state a specific definition covering all situations. Generally speaking, however, federal and state law prohibits covered individuals from (a) treating individuals less favorably than others (Le., discrimination), or (b) creating an intolerable environment for an individual (i.e., harassment) because of the person’s gender, race, color, ethnicity, religion, age, disability, sexual orientation, veteran status, or any other trait specified by state or federal law.

What Acts Constitute Discrimination and Harassment?

It is illegal to take into account a person’s gender, race, color, ethnicity, religion, age, disability, sexual orientation, veteran status, or any other legally-protected characteristic, when determining compensation or the terms, conditions, and privileges of employment. It is also illegal to treat a covered individual differently from others because of any of these legallyprotected characteristics.

Since discrimination and/or harassment can take many forms, it is impossible to describe all potential situations. You may find helpful the following examples of acts that may be perceived as harassing:

• “Ethnic” or other jokes based upon someone’s membership in a protected category.
• Unwelcome comments, memos, telephone calls, e-mail, texting, or other communications referencing a person’s sex, race, color, ethnicity, religion, age, disability, sexual orientation, veteran status, or any other protected status.
• The use of slang, derogatory, or demeaning language.

It is important to understand that any unwelcome behavior may constitute harassment, whether or not it takes place during business hours, and whether or not it was intended as harassment or discrimination by the person who engaged in the questioned behavior. You must also understand that employees, contractors, volunteers, and others who use VPCC have the same right to be free of harassment or discrimination. They also have the same obligation to refrain from engaging in inappropriate conduct.

What is Sexual Harassment?

Sexual harassment is a particular form of harassment. Courts have recognized two specific types of unwelcome behavior that can constitute sexual harassment:

Quid pro quo sexual harassment occurs when an individual is either expressly told, or it is implied, that the person must submit to unwelcome behavior as a condition of keeping his/her job, or remaining eligible for a some benefit, raise, or promotion.

Hostile environment sex harassment can exist where unwelcome behavior, whether directed at a particular person or not, creates an intimidating, hostile, or offensive environment. The question of whether a hostile environment exists does not depend on whether the behavior was intended to be unwelcome, but whether it was perceived as unwelcome.

What Acts Constitute Sexual Harassment?

Almost all sexual harassment involves “unwelcome behavior” — acts that are not welcome or are offensive to the targeted individual. You may find helpful the following examples of acts that may be perceived as unwelcome behavior:

• “dirty” jokes, teasing, or remarks using sexually oriented language;
• nude or semi-nude photos, posters, calendars, cartoons, or drawings;
• obscene gestures, lewd actions, or leering;
• introduction of sexual topics into conversation;
• requests for dates or sexual favors that are not mutual;
• unwelcome letters, telephone calls, or materials of a sexual nature;
• the use of slang, derogatory, or demeaning language; and/or
• sexual comments about clothing, anatomy, or looks.

When assessing whether any statements or actions are inappropriate, please keep in mind that the cycling environment is not the same as a corporate office. Coarse comments during competition, or changing of clothing in a semi-public area (such as the infield) after a workout– while perhaps poor choices–do not automatically rise to the level of sexual harassment. Please use common sense when evaluating whether someone’s actions rise to the level of harassment. Never hesitate, however, to voice your concerns if you feel uncomfortable with someone’s actions.

The Expectations of Victims of Harassment

All VPCC employees, contractors, volunteers, competitors, support personnel, and spectators have the right to be free from discrimination and/or harassment while at VPCC. To ensure this freedom, you have the ability to:

• Voice any complaint regarding the existence of alleged discrimination or harassment;
• Have that complaint heard and/or investigated and resolved promptly;
• Address your complaint to appropriate governmental authorities; and/or
• Be protected from any unlawful retaliation.

VPCC management is committed to investing all allegations of discrimination or harassment brought to its attention. Additionally, we encourage all individuals to firmly respond to unwelcome behavior when it occurs. Unless victims of harassment confront those who offend them clearly and promptly, the unwelcome behavior may continue. When you confront an offender, remember that you have the strength of the law and of VPCC to support you.
 
The Expectations of Those Accused of Discrimination or Harassment

Because of the sensitivity of the issues raised and the potential consequences where discrimination or harassment is found to exist, accusations of discrimination or harassment can have serious effects on the professional and personal life of both victim and the accused. For these reasons, VPCC will take every measure to treat the matter confidentially to the greatest extent possible, consistent with a thorough investigation.

Where, solely in the opinion of VPCC management, discrimination or harassment is believed to have occurred, the offender will be subject to disciplinary action (up to and including discharge for employees, or up to and including being banned from VPCC for non-employees) determined at the sole discretion of VPCC management.

To minimize the effects on an accused individual who is found not to have committed discrimination or harassment, those accused can expect:

• An opportunity to present their version of the facts surrounding the alleged conduct;
• A prompt and thorough investigation, prior to the resolution of which no disciplinary steps will be taken unless, in the sole opinion of VPCC management, the cipumstances warrant; and/or
• Protection from retaliation where charges are determined to be without merit.

How to Report Possible Harassment or Discrimination

Any person who feels that he or she has been subjected to discrimination or harassment, or has witnessed discrimination or harassment, can initiate a complaint by contacting the, Executive Director [Marty Nothstein 610-395-7000 ext. 222], or, if the complaint concerns the Executive Director or any other managerial personnel, the Chairperson of the Board of Directors [Hilda Patton].

*** Please ask for further details on all material covered in this Policy that is unclear or you may not understand.***

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