The Professional Softball Club, Inc. is the parent company of the ASBA, ASBA Futures, ASBA Shop, and ASBA Network.
The Professional Softball Club, Inc. is committed to providing a workplace that is free from sexual harassment. Sexual harassment in the workplace is against the law and will not be tolerated. When it is determined that an allegation of sexual harassment is credible, The Professional Softball Club, Inc. will take prompt and appropriate corrective action.
What Is Sexual Harassment?
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- A decision affecting that individual is made because the individual submitted to or rejected the unwelcome conduct; or
- The unwelcome conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or abusive work environment.
Certain behaviors, such as conditioning promotions, awards, training or other job benefits upon acceptance of unwelcome actions of a sexual nature, are always wrong. Unwelcome actions such as the following are inappropriate and, depending on the circumstances, may in and of themselves meet the definition of sexual harassment or contribute to a hostile work environment:
- Sexual pranks, or repeated sexual teasing, jokes, or innuendo, in person or via e-mail;
- Verbal abuse of a sexual nature;
- Touching or grabbing of a sexual nature;
- Repeatedly standing too close to or brushing up against a person;
- Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested (supervisors in particular should be careful not to pressure their employees to socialize);
- Giving gifts or leaving objects that are sexually suggestive;
- Repeatedly making sexually suggestive gestures;
- Making or posting sexually demeaning or offensive pictures, cartoons or other materials in the workplace;
- Off-duty, unwelcome conduct of a sexual nature that affects the work environment.
A victim of sexual harassment can be a man or a woman. The victim can be of the same sex as the harasser. The harasser can be a supervisor, co-worker, or a non-employee who has a business relationship with The Professional Softball Club, Inc.
The Professional Softball Club, Inc.’s Responsibilities Under This Policy
If The Professional Softball Club, Inc. receives an allegation of sexual harassment, or has reason to believe sexual harassment is occurring, it will take the necessary steps to ensure that the matter is promptly investigated and addressed. If the allegation is determined to be credible, immediate and effective measures to end the unwelcome behavior will be taken. The Professional Softball Club, Inc. is committed to take action if it learns of possible sexual harassment, even if the individual does not wish to file a formal complaint.
Supervisors and other responsible officials who observe, are informed of, or reasonably suspect incidents of possible sexual harassment must immediately report such incidents to the appropriate supervisor which will either initiate or oversee a prompt investigation. Failure to report such incidents will be considered a violation of this policy and may result in disciplinary action. Supervisors should take effective measures to ensure no further apparent or alleged harassment occurs pending completion of an investigation.
The Professional Softball Club, Inc. will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully). The Professional Softball Club, Inc. will also take the necessary steps to protect from retaliation those who in good faith report incidents of potential sexual harassment. It is a violation of both federal law and this policy to retaliate against someone who has reported possible sexual harassment. Violators may be subject to discipline.
Anyone found to have subjected an individual to unwelcome conduct of a sexual nature, whether such behavior meets the legal definition of sexual harassment or not, will be subject to discipline or other appropriate management action. Discipline will be appropriate to the circumstances, ranging from a letter of reprimand through suspensions of varying lengths to separation for cause. A verbal or written admonishment, while not considered formal discipline, may also be considered.
Worker’s Rights and Responsibilities Under This Policy
Anyone who believes he or she has been the target of sexual harassment is encouraged to inform the offending person orally or in writing that such conduct is unwelcome and offensive and must stop. If the individual does not wish to communicate directly with the offending person, or if such communication has been ineffective, the individual has multiple avenues for reporting allegations of sexual harassment and/or pursuing resolution. Individuals are encouraged to report the unwelcome conduct as soon as possible to a responsible supervisor. It is usually most effective – although it is not required – that the supervisor be within the individual’s supervisory chain. Responsible supervisors include first- or second-line supervisors, the offending person’s supervisor, the post’s management officers, or any member of The Professional Softball Club, Inc.’s Board of Directors. In addition to reporting sexual harassment concerns to a responsible supervisor, individuals who believe they have been subjected to sexual harassment may elect to pursue resolution in several ways, including:
- Mediation: Mediation is an informal way to resolve office problems using a trained mediator who facilitates communication between the parties to the dispute. If an individual chooses to attempt resolution through mediation, management is obligated by this policy to send a representative to the table. If a resolution is not reached, the parties may continue to pursue their rights in any other appropriate forum. Individuals may ask for the assistance of a mediator at any time through any responsible supervisor.
- Grievances: Individuals may file a grievance alleging sexual harassment or any other Equal Employment Opportunity matter. The Professional Softball Club, Inc. will investigate the allegations and recommend a resolution.
All members of The Professional Softball Club, Inc. are required to comply with this policy. Individuals are also expected to behave professionally and to exercise good judgment in work-related relationships, including with members of the public whom they come into contact in the course of duties. Further, all individuals are expected to take appropriate measures to prevent sexual harassment. Unwelcome behavior of a sexual nature should be stopped before it becomes severe or pervasive and rises to a violation of law.