Middle Tennessee School of Anesthesia is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, MTSA expects that all relationships among persons in the office will be business-like and free of bias, prejudice, and harassment.
Definitions of Harassment
Harassment based on race, color, religion, gender, national origin, age, disability, genetic information constitutes discrimination and is illegal under federal and state laws. For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example, a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; and/or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment may include a wide range of behaviors and may involve individuals of either gender. Depending on the circumstances, these behaviors may include unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess, or sexual deficiencies; leering, whistling, or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature.
Under this policy, harassment may include verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of their race, color, religion, gender, national origin, age, disability, genetic information or any other characteristic protected by law, including those of their relatives, friends or associates, and that a) has the purpose or effect of creating an intimidating, hostile or offensive work environment; b) has the purpose or effect of unreasonably interfering with an individual’s work performance; and/or c) otherwise adversely affects an individual’s employment opportunities.
Harassing conduct includes epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward a protected individual or group or that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on MTSA time or using MTSA equipment via e-mail, phone (including voice messages), text messages, tweets, blogs, social networking sites, or other means.
Individuals and Conduct Covered
These policies apply to all applicants and employees, whether related to conduct engaged in by co-workers or someone not directly connected to Middle Tennessee School of Anesthesia (e.g., an outside vendor, consultant, or customer).
Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.
Discrimination, Harassment, and Retaliation Concerns
An employee who believes they have been the victim of conduct prohibited by this policy statement or who believes he/she has witnessed such conduct should discuss their concerns with the Director of Human Resources, their immediate supervisor, or any member of management.
When possible, MTSA encourages any employee who believes they are being subjected to such conduct to promptly advise the offender that their behavior is unwelcome and request that it be discontinued. Often this action alone will resolve the problem. MTSA recognizes, however, that an individual may prefer to pursue the matter through a formal complaint procedure.
MTSA encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained. Therefore, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment.
Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Misconduct constituting harassment, discrimination, or retaliation will be dealt with appropriately.
Confidentiality will be maintained throughout the investigatory process to the extent possible, consistent with adequate investigation and appropriate corrective action.
Retaliation against an individual for reporting harassment, discrimination, or retaliation for participating in an investigation of a claim of harassment, discrimination, or retaliation is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action up to and including termination. Acts of retaliation should be reported immediately and will be promptly investigated and addressed.
False and malicious complaints of harassment, discrimination, or retaliation may be the subject of appropriate disciplinary action.
Employees are expected to refrain from acts that would constitute sexual harassment as set forth in the aforementioned guidelines. If an employee feels that they have been subjected to sexual harassment, they should discuss the situation with the appropriate department chair or the Director of Human Resources. If a complaint is filed or is made known to the Director of Human Resources or a person in a superior position, it should be documented, and an investigation will be made in a timely manner. All records made or maintained as part of the investigation will remain confidential. If an investigation substantiates the allegations of sexual harassment, appropriate corrective action will be taken. Any attempt to penalize or retaliate against a person for filing a complaint or participating in the investigation of sexual harassment is violation of policy.
If the President is the subject of an alleged violation of policy, then the complaint should be made to the Director of Human Resources, the Board Chair, or Legal Counsel. An investigation will be conducted in a confidential manner and will be documented. In the event such allegation appears to be credible, the Board Chair or Legal Counsel will report such complaint and the results of the investigation to the Board of Trustees, and the Chair will be given the authorization by the Board of Trustees, in consultation with Legal Counsel, to impose such disciplinary measures as deemed appropriate. Employees who detect a wrongdoing or a violation of policies by the President or a superior shall be entitled to Whistleblower Protection.
For additional information, see Whistleblower Protection.