The Professional Softball Club, Inc. is the parent company of the ASBA, ASBA Futures, ASBA Shop, and ASBA Network.

Prohibition of Harassment, Intimidation and Bullying

The Professional Softball Club, Inc. is committed to a safe and civil professional and educational environment for all members that is free from harassment, intimidation or bullying. “Harassment, intimidation or bullying” means any intentionally written message or image — including those that are electronically transmitted — verbal, or physical act, including but not limited to one shown to be motivated by race, color, religion, ancestry, national origin, gender, sexual orientation including gender expression or identity, mental or physical disability or other distinguishing characteristics, when an act:
  1. Physically harms an individual or damages the individual’s property;
  2. Has the effect of substantially interfering with an individual’s work or learning environment;
  3. Is so severe, persistent or pervasive that it creates an intimidating or threatening environment; or
  4. Has the effect of substantially disrupting orderly operation.
Nothing in this section requires the affected individual to actually possess a characteristic that is a basis for the harassment, intimidation or bullying. “Other distinguishing characteristics” can include but are not limited to physical appearance, clothing or other apparel, socioeconomic status and weight. “Intentional acts” refers to the individual’s choice to engage in the act rather than the ultimate impact of the action(s). Behaviors/expressions of harassment, intimidation or bullying can take many forms including, but not limited to, slurs, rumors, jokes, innuendos, demeaning comments, drawings, cartoons, pranks, gestures, physical attacks, threats or other written, oral, physical or electronically transmitted messages or images.

Any member of The Professional Softball Club, Inc. who observes, overhears, or otherwise witnesses harassment, intimidation, or bullying or whom such actions have been reported must take prompt and appropriate action to stop the harassment and to prevent its reoccurrence.

This policy is not intended to prohibit expression of religious, philosophical, or political views, provided that the expression does not substantially disrupt the work/learning environment. Many behaviors that do not rise to the level of harassment, intimidation or bullying may still be prohibited. This policy is a component of The Professional Softball Club, Inc.’s responsibility to create and maintain a safe, civil, respectful and inclusive community and will be implemented in conjunction resources and strategies aimed at preventing harassment, intimidation and bullying. Interventions are designed to change the behavior of the perpetrator, and to restore a positive climate. The Professional Softball Club, Inc. will consider the frequency of incidents, developmental age of those involved, and severity of the conduct in determining intervention strategies. Interventions will range from counseling, correcting behavior and discipline, to law enforcement referrals.

Retaliation/False Allegations:

Retaliation is prohibited and will result in appropriate discipline. It is a violation of this policy to threaten or harm someone for reporting harassment, intimidation, or bullying. It is also a violation of this policy to knowingly report false allegations of harassment, intimidation, and bullying. Individuals will not be disciplined for making a report in good faith. However, persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Definitions:

Aggressor: An individual who engages in the harassment, intimidation or bullying of a student.
Harassment, intimidation or bullying: An intentional electronic, written, verbal, or physical act that:
  1. Physically harms or damages property;
  2. Has the effect of substantially interfering with work and/or learning;
  3. Is so severe, persistent, or pervasive that it creates an intimidating or threatening evironment; or
  4. Has the effect of substantially disrupting orderly operation.
​Conduct that is “substantially interfering with work and/or learning” will be determined by considering a target’s attendance, demeanor, interaction with peers, participation in activities, and other indicators. Conduct that may rise to the level of harassment, intimidation and bullying may take many forms, including, but not limited to: slurs, rumors, jokes, innuendos, demeaning comments, drawings, cartoons, pranks, ostracism, physical attacks or threats, gestures, or acts relating to an individual or group whether electronic, written, oral, or physically transmitted messages or images. There is no requirement that the targeted individual actually possess the characteristic that is the basis for the harassment, intimidation or bullying.
Retaliation: When an aggressor harasses, intimidates, or bullies a student who has reported incidents of bullying.
Target/ Targeted Individual: An individual against whom harassment, intimidation or bullying has allegedly been perpetrated.
The Professional Softball Club, Inc. will ensure its compliance with all federal and state laws regarding harassment, intimidation, or bullying. Nothing in this procedure prevents an individual from taking legal action to remedy harassment, intimidation, or discrimination.
  • Prevention​ & Education:

    Every member of The Professional Softball Club, Inc. will receive information on the recognition and prevention of harassment, intimidation or bullying as part of the Professional Player Development Course. Whenever possible, The Professional Softball Club, Inc. will implement evidence-based prevention programs that are designed to increase social competency, improve climate, and eliminate harassment, intimidation and bullying.
  • ​Staff Intervention

    All staff members will intervene when witnessing or receiving reports of harassment, intimidation or bullying. Minor incidents that staff are able to resolve immediately, or incidents that do not meet the definition of harassment, intimidation or bullying, may require no further action under this procedure.
  • Filing a Grievance

    Any individual who believes he or she has been the target of unresolved, severe, or persistent harassment, intimidation or bullying, or any other person in the community who observes or receives notice of an individual who may have been the target of unresolved, severe, or persistent harassment, intimidation or bullying may report incidents verbally or in writing to any staff member. In order to protect a targeted individual from retaliation, identity need not be revealed.
 
  • Status of Reporter

  1. Anonymous: Individuals may file a grievance without revealing their identity. No disciplinary action will be taken against an alleged aggressor based solely on an anonymous report. Possible responses to an anonymous report include enhanced monitoring of specific locations at certain times of day or increased monitoring of specific individuals or staff.
  2. Confidential: Individuals may ask that their identities be kept secret from the accused and others. Like anonymous reports, no disciplinary action will be taken against an alleged aggressor based solely on a confidential report.
  3. Non-confidential: Individuals may agree to file a report non-confidentially. Complainants agreeing to make their complaint non-confidential will be informed that due process requirements may require the release of all information regarding the complaint to any individuals involved in the incident, but that even then, information will still be restricted to those with a need to know, both during and after the investigation. The Professional Softball Club, Inc. will fully implement the anti-retaliation provision of this policy and procedure to protect complainants and witnesses.
    All staff are responsible for receiving oral and written reports. Whenever possible staff who initially receive an oral or written report of harassment, intimidation or bullying will attempt to resolve the incident immediately. If the incident is resolved to the satisfaction of the parties involved, or if the incident does not meet the definition of harassment, intimidation or bullying, no further action may be necessary under this procedure.

Investigations of Unresolved, Severe, or Persistent Harassment, Intimidation and Bullying

All reports of unresolved, severe, or persistent harassment, intimidation or bullying will be investigated with reasonable promptness. Upon discovery of the incident that alleges unresolved, severe, or persistent harassment, intimidation or bullying, The Professional Softball Club, Inc. will begin the investigation. If there is potential for clear and immediate physical harm to the complainant, The Professional Softball Club, Inc. will immediately contact law enforcement. During the course of the investigation, The Professional Softball Club, Inc. will take reasonable measures to ensure that no further incidents of harassment, intimidation or bullying occur between the complainant and the alleged aggressor. If necessary, a safety plan will be implemented. If professional personnel suspect that a minor (under 18 years of age) is subject to abuse and neglect, they must report the suspected cases to Child Protective Services.

Corrective Measures for the Aggressor

After completion of the investigation, The Professional Softball Club, Inc. will institute any corrective measures necessary. Corrective measures will be instituted as quickly as possible. If the accused aggressor is appealing the imposition of discipline, The Professional Softball Club, Inc. may be prevented by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. If in an investigation it is found that an individual knowingly made a false allegation of harassment, intimidation or bullying, that individual may be subject to corrective measures, including discipline. If the incident cannot be resolved at the corporate level, The Professional Softball Club, Inc. will request assistance from law enforcement.

Targeted Student’s Right to Appeal

If the complainant is dissatisfied with the results of the investigation, they may appeal to The Professional Softball Club, Inc. by submitting a letter of written notice of appeal within five (5) business days of receiving the decision. The Professional Softball Club, Inc.’s Board of Directors will review the investigative report and issue a written decision on the merits of the appeal. The board’s decision will be the final corporate decision.

Discipline/Corrective Action

The Professional Softball Club, Inc. will take prompt and equitable corrective measures within its authority on findings of harassment, intimidation or bullying. Depending on the severity of the conduct, corrective measures may include counseling, education, discipline, suspension, termination, and/or referral to law enforcement. Corrective measures will be varied and graded according to the nature of the behavior and the history of problem behaviors and performance. Support for the Targeted Individual Persons found to have been subjected to harassment, intimidation or bullying will have appropriate support service made available to them, and the adverse impact of the harassment on the student will be addressed and remedied as appropriate.
  • Immunity/Retaliation

    No person(s) may engage in reprisal or retaliation against a targeted student, witness, or other person who brings forward information about an alleged act of harassment, intimidation or bullying. Retaliation is prohibited and will result in appropriate discipline.

Nothing in this procedure prevents a person from taking action to remedy discrimination or harassment under local, state, or federal law.

Nothing in this policy or procedure is intended to prohibit discipline or remedial action for inappropriate behaviors that do not rise to the level of harassment, intimidation or bullying as defined in this policy but which are, or may be, prohibited.

Adoption Date: February 6, 2018