Background Check Policy

Minnesota Brass Inc. (MBI) is committed to the personal safety and lawful protection of all persons associated with MBI, including performing members, volunteers, guests, staff and executives. MBI requires that all MBI participants adhere to and act in accordance with all MBI policies and all applicable state and federal laws and guidelines. 

MBI may request, for purposes of employment or other participation, a Background Report about you containing your background information. The background check may be undertaken by an appropriate reporting agency, or by a local, state or federal law enforcement agency, or by other investigation. MBI  will conduct these checks in compliance with all applicable state and federal laws and guidelines as well as the guidelines of any circuits in which we participate (WGI, DCI, etc.). 

This Background Report and the information it contains will be held by MBI in strict confidence for the sole purposes stated herein. 

All background checks will be conducted prior to employment or volunteer service as scheduling permits. Such checks will be renewed every twenty-four (24) months, or as otherwise determined by the MBI Board of Directors. Additional background data may also be obtained at any time during a participant’s service with MBI, based on individual employee/contractor or volunteer duties or responsibilities, as determined by the MBI Board. 

Who is Required:

MBI policy requires Background Reports for all MBI participants with designated authority over other participants, including adult staff and volunteers having direct, repetitive contact with performing members participating in MBI programs. 

Background checks will be performed on the following individuals: Executive, Board of Directors, All staff and other MBI participants as may be requested by the MBI Board of Directors or CRC.

Background Reports for MBI participants who are not in positions of authority are not mandatory, and  will be undertaken only if deemed necessary by MBI. Background Reports for all MBI participants in  positions of authority will be mandatory and undertaken to the extent deemed necessary by MBI as appropriate for such positions.

What Kind of Information is Checked:

The types of background information that may be obtained include, but are not limited to: criminal history, litigation history, motor vehicle record and accident history, Social Security number verification, address and alias history, education, employment history, professional licensing, credentials and certifications, drug/alcohol testing results and history, military service, and other information. 

Who will review the Background Information:

The MBI Board of Directors will designate a Background Report Coordinator responsible for initiating and reviewing all Background Reports. The Background  Report Coordinator will review Background Report findings in a fair, impartial and confidential manner, and make any recommendations as a result of those findings to the MBI Board of Directors. 

Disqualifying Background Information

Because MBI’s priority is the safety of its performing members, volunteers, guests, staff and executives,  certain background information or criminal convictions may automatically disqualify applicants for  employment or volunteer service with MBI. Such disqualification is especially applicable for any MBI  position involving interaction with youth under age 18. 

A person will be ineligible for employment or volunteer service with MBI if the person:

1. Refuses to consent to a background check; 
2. Makes any false statement in connection with such background check; 
3. Is registered, or required to be registered, on any sex offender registry; 
4. Has been convicted of a felony or gross misdemeanor within the past five years involving: a. physical assault or battery, or drugs or controlled substances. 

For convictions for crimes not listed above, any potential participant with such a conviction or  convictions will be evaluated on an individual basis by the Board of Directors to determine  whether the person should be included or excluded from consideration. The MBI Board of Directors will  notify such applicants regarding any MBI participation in a timely manner, and upon request will provide such applicants with an opportunity to explain and support their application. 

Contraband Policy

When participating in MBI-sponsored activities (including, but not limited to, rehearsals, performances, travel, hotel stays, and social events), a member who is not of legal age, according to the laws of the state having legal jurisdiction, shall not (1) use, consume, or have in possession a beverage containing alcohol and (2) no member, regardless of age, shall use or consume, have in possession, buy, sell, or give away any controlled substance or drug paraphernalia (including the sale or distribution of alcoholic beverages to an underage member). All MBI members, staff, and volunteers must also abide by the regulations of the venue in which an MBI event is being held (schools, stadiums, churches, etc.). Furthermore, any time an individual is at rehearsal or a performance (staff, volunteer, member, etc.), they may not be under the influence of mind-altering substances.

Note: It is not a violation for a member to be in possession of a controlled substance specifically prescribed for the member’s own use by her/his doctor. All such medications and prescriptions must be reported in your personal Medical form.

Fraternization and Abuse of Power Policy

MBI acknowledges that pre existing relationships between adult staff and adult members may be present in our ensembles that are not age-restricted. It is the duty of the partners in the pre existing relationship to disclose their involvement in writing to the director of the ensemble before rehearsals begin. Once disclosed, the partners in the pre existing relationship are exempt from the policy that follows regarding fraternization between staff and members, only in relation to each other. Note: all participants must abide by the sexual harrassment and sexual assault policies regardless of their pre existing relationships.

Fraternization, for the purpose of this policy, refers to any intimate relationship. Fraternization where there is a power imbalance may lead to conflicts of interest, favoritism, and exploitation. A power imbalance is present between staff and members. For that reason, there may be no intimate relationships between staff members and performing members. Furthermore, it is the policy of MBI that any sexual or romantic involvement between staff members and members under 18 years of age is expressly prohibited.

Note: Any event to which a staff member attends, where there are performing members present (including outside of MBI scheduled events), should be treated as an MBI event and, therefore, they should act in accordance with this policy.

Abuse of Power and Authority

Staff members set schedules, status (leadership), and expectations for performing members. Because of this authority, there is potential for abuse. Inappropriate use of power and authority to benefit an individual or group of staff members or performing members is strictly prohibited. Furthermore, intimidation, harassment, sexual harassment, retaliation, and any other form of abuse are strictly prohibited.

1. It is the job of:
   1. Director(s) to monitor staff behavior
   2. Executive Director to monitor Director(s) behavior
   3. The Board of Directors to monitor the Executive Directors behavior

In the event of an allegation or suspicion of abuse, the staff member in question shall be removed from their responsibilities until an investigation is held by the Director(s) of the ensemble and/or the Executive Director of MBI.

Professional Boundaries

Staff members of MBI are to exhibit and maintain professional boundaries between themselves and performing members at all times. They are expected to not show favoritism toward any member(s) of MBI.

Hazing & Bullying Policy

Hazing, as defined by Minnesota statute 121A.69, is “committing an act against a [member of an organization], or coercing a [member] into committing an act, that creates a substantial risk of harm to a person in order for the [member] to be initiated into or affiliated with an organization.” This includes any act intended to cause personal degradation or humiliation. Minnesota Brass Inc. encourages a culture of acceptance and dignity for all its members and expressly prohibits hazing of any kind.

Bullying, as defined by the American Psychological Association, is “a form of aggressive behavior in which someone intentionally and repeatedly causes another person injury or discomfort.” This can be verbal, physical, or social.

1. Verbal Bullying: saying or writing mean things
2. Physical Bullying: hurting a person’s body or possessions
3. Social Bullying: hurting a person’s reputation or relationships

Bullying occurs when there is a real or perceived power imbalance. This power imbalance may be, but is not limited to, staff members toward marching members, section leaders toward members, or veteran members toward new members. Minnesota Brass Inc. does not condone the act of bullying and expressly prohibits bullying of any kind.

Nondiscrimination Policy

Minnesota Brass Inc. provides equal employment opportunities to all applicants and employees regardless of race, color, sex, gender, sexual orientation, age, disability, or religion. This applies to terms and conditions of employment, including hiring, payment, and termination. Minnesota Brass Inc. strives to create an inclusive environment for its staff and members and therefore will not tolerate harassment or discrimination of any kind including that which is based on race, color, sex, gender, sexual orientation, age, disability, or religion. All employees are responsible for assuring that Minnesota Brass Inc. is free of discrimination and harassment of any kind.

Sexual Misconduct Policy

Sexual Misconduct is defined as any unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal, written, or physical conduct or communication of a sexual nature. Minnesota Brass Inc. expressly prohibits all forms of sexual misconduct. This policy extends to all members, volunteers, and staff. Reports of sexual misconduct are to be taken very seriously. Individuals who violate this policy are subject to immediate suspension as well as review by the MBI Conduct Review Committee that may result in indefinite termination of membership of any kind with Minnesota Brass Inc.

MBI prohibits: (1) sex discrimination (2) sexual harassment, (3) sexual assault, (4) sexual exploitation, and (5) stalking.

1. Sex discrimination occurs when persons are excluded from participation in an organization or activity based on their sex. This policy also extends to discrimination based on pregnancy, gender, and not conforming to feminine or masculine stereotypes.
2. Sexual harassment is unwelcome sexual conduct including sexual advances, requests for sexual favors, and other verbal, physical, visual, or digital conduct of a sexual nature.
   1. Examples of sexual harassment:
      1. Pressure for a dating, romantic, or intimate relationship, or for sexual activity
      2. Unwelcome touching, kissing, hugging, rubbing, or massaging
      3. Unnecessary references to parts of the body
      4. Sexual innuendos, jokes, humor, or gestures
      5. Displaying sexual graffiti, pictures, videos or posters
      6. Using sexually explicit profanity
      7. Discussing sexual fantasies, sexual preferences, or sexual activities
      8. Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin
      9. Sending unwelcome sexually explicit content via electronic communication or social media
      10. Commenting on a person’s attire in a sexual manner
      11. Commenting on a person’s body, gender, sexual relationships, sexual activities, etc.
      12. Harassing an individual for not conforming to gender stereotypes
3. Sexual assault includes physical sexual acts in which consent was not, or could not be given. This includes when a person is incapable of giving consent due to their temporary or permanent mental or physical incapacity, if they are below the age of consent, or if they are inebriated due to drugs or alcohol. Prohibited sexual assault includes:
   1. Sexual penetration without consent
   2. Sexual contact without consent
   3. Statutory rape: Sexual intercourse with a person who is under the statutory age of consent under the laws of the state in which the incident occurred.
4. Sexual exploitation includes taking sexual advantage of another person for the benefit of oneself or a third party without consent. This includes, but is not limited to:
   1. Sexual voyeurism: permitting others to witness sexual activity without their consent
   2. Indecent exposure: inducing others to expose themselves without their consent
   3. Recording any person engaged in sexual activity without their consent
   4. Distributing personal sexual information, images, or recordings or another person without their consent
   5. Sex trafficking
   6. Inducing incapacitation with intent for sexual conduct
   7. Knowingly transmitting a sexually transmitted disease
5. Stalking is when an individual or group engages in a course of conduct directed at a specific person that could cause a person to fear for their safety or the safety of others or suffer substantial emotional distress. This includes that which occurs electronically.

Consent is a critical factor in determining whether sexual misconduct has occurred. Consent must be informed, freely given, and mutually understood. Consent requires an affirmative statement by each participant. Consent is not passive. If coercion, intimidation, threats, or physical force are used, there is no consent. If a person is mentally or physically incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent. **Warning signs of when a person may be incapacitated due to drug and/or alcohol use include: slurred speech, falling down, passing out, and vomiting.** If a person is asleep or unconscious, there is no consent. If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent can be withdrawn at any time and for any or no reason. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after they withdraw consent. Simply being in a romantic relationship with someone does not grant or imply consent to any form of sexual activity. Effective consent cannot exist when there is a disparity in power between the parties (e.g., instructor/performer).

MBI is committed to providing an environment that is safe and free from discrimination or harassment, including sexual harassment, for all members and participants. MBI’s long-standing Acceptable Behavior Policy is posted online at: https://mbiarts.org/behavior/ and reads as follows:

Minnesota Brass Inc. in no way condones any behavior that may be deemed to promote discrimination in any way, or any behavior that promotes any form of harassment. Furthermore, any sexual or romantic involvement between staff members and members under 18 years of age is unacceptable (see fraternization policy). Failure of any member to comply with this policy is grounds for dismissal. Any person who believes he or she has been a victim of sexual, racial, religious or any other form of harassment by ANY member of the organization should report it immediately, verbally or in writing, to any staff member, the CRC or any member of the board of directors. All contracted staff and board members are required by MBI to report any suspected policy violations to the Ensemble Director, Executive Director, CRC or Board Chair. MBI’s in-depth policy on reporting can be found under the Whistleblower and Anti-Retaliation Policy.

MBI will treat all incidents of harassment seriously and will promptly investigate all allegations of harassment. Any person found to have harassed another may face disciplinary action that could include dismissal or other legal consequences. All complaints of harassment will be taken seriously and treated with respect and in confidence. No one will be victimized for making such a complaint.

Any MBI member or participant who is subject to any form of harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. MBI recognizes that harassment might occur in unequal relationships, such as between staff members and non-staff members, and that it may not be possible for the victim to inform the alleged harasser.

In the interest of resolving ANY and ALL incidents of MBI policy violations, any person who believes they have been a victim of harassment, or has any other information regarding any breach of MBI policy, is encouraged to share such information by reporting the incident either directly to the Ensemble Director, Executive Director, or Board Chair, or online at crc@mnbrass.org.

Reporting, Whistleblower, and Anti-Retaliation Policy

MBI requires all members, staff, and volunteers to adhere to high standards of conduct in their duties and responsibilities. Representatives of MBI must practice honesty, integrity and respect in fulfilling their responsibilities and comply with all applicable laws, regulations and policies. While we hope that all those who come in contact with MBI feel unhindered and unthreatened in raising concerns, we understand that it is essential to provide an avenue for confidential and anonymous submission of any concerns. Submitting such concerns also ensures that MBI has the full opportunity to investigate and address any potential violations of law, regulations, or policies. Accordingly, the purpose of MBI’s Whistleblower Policy is to establish policies and procedures for the:

1. Submission of concerns regarding questionable business practices, conflicts of interest, bribes and kickbacks, legal and regulatory violations, or unsafe practices or activities by staff, volunteers, members or other MBI affiliates on a confidential and anonymous basis.
2. Receipt, retention and resolution of complaints received by MBI.
3. Protection of directors, staff, volunteers and members reporting concerns from retaliatory actions.

Reporting Responsibility

Each staff member, volunteer, and performing member of MBI has an obligation to report any potential violations of law, regulations, or policies, in accordance with this Whistleblower Policy, including, but not limited to:

1. Questionable accounting practices, questionable business ethics, conflicts of interest, the acceptance, provision, or solicitation of bribes or kickbacks, any legal or regulatory violations, or unsafe practices or activities by staff volunteers, members or other MBI affiliates, and/or
2. Violations and/or suspected violations of the MBI Staff Agreement, the MBI Ethics and Acceptable Behavior Policy, or any MBI Policies or Protocols.

Investigation and Confidentiality

Any report that is submitted will be forwarded to no fewer than three members of the MBI administrative staff and Board of Directors. All reported issues or concerns will be promptly investigated. Following the conclusion of the investigation, the appropriate designee will submit a report to the Board of Directors along with conclusions and recommendations for any follow up action. If the submission reports criminal and/or sexual conduct involving a minor, a mandatory report to the appropriate law enforcement agency will be made. Follow up with the reporting party shall be considered in consultation with appropriate legal counsel. All reports, investigations and any follow up will be maintained as confidential as is reasonably possible.

Retaliation

MBI will not retaliate and prohibits retaliation by its Board of Directors, staff, volunteers, and members, against any person who makes a report in good faith pursuant to this Whistleblower Policy. MBI reserves the right to take action against anyone who makes a report based on false or misleading information, or without a reasonable basis for believing any wrongdoing has occurred.

Reporting Policy Violations

MBI understands that submitting a report involving unacceptable behavior can sometimes be a daunting task, and can be accompanied by feelings of anxiety, fear or anger. Because submitting a report can often be difficult, MBI wants to reassure those contemplating making a report that they have a voice and a safe haven for reporting violations of MBI policy.

All complaints will be reviewed by the MBI Conduct Review Committee (CRC). The committee is committed to fair, unbiased and equal treatment of all disciplinary incidents. The committee consists of a diverse, rotating group of MBI administrators, Board members, performing members, alumni, and other professionals not associated with MBI. All CRC members are required to agree to No Conflict of Interest and strict Confidentiality policies. The CRC offers formal and informal methods for reviewing and resolving complaints on a case-by-case basis, depending on the nature and severity of the incident.

The CRC is the official watchdog for unacceptable behavior occurring within the MBI organization. As such, the CRC is dedicated to fair and impartial reviews of any and all reports of unacceptable behavior.

All reports are private and confidential. Any names and information contained within reports will be reviewed only by the CRC and will remain confidential and not be made public. This policy of strict confidentiality is of the utmost importance to the CRC as it pursues its goal of creating an environment where individuals can feel comfortable sharing their stories without fear of reprisal.

The CRC conducts independent investigations of any and all reports submitted and will take appropriate action based on the results of those investigations. Such action includes, but is not limited to, the imposition of discipline and sanctions, including suspension, for violations of MBI policy.

For those who may wish to submit reports anonymously, that is acceptable, and we welcome those stories. However, please understand that anonymous reports can be difficult to investigate. Without the ability to follow up on reports and confirm the truth of allegations of misbehavior, it may be very difficult to resolve the problem. It is therefore important that persons reporting misbehavior understand the need to confirm the truth of an allegation before we can begin the investigative process.

Reporting Methods

MBI and the CRC have an Open Door policy, and encourage those wishing to report misconduct to share their concerns in confidence via email at: crc@mnbrass.org. Persons wishing to report misconduct by phone may call the MBI Anonymous Tipline at (612) 747-8512. Online reporting, whether anonymous or named, is available at https://mbiarts.org/complaint/. In addition, verbal reports can be made directly to the MBI Executive Director or the MBI Board Chairperson at any time. They will keep all information received in strict confidence, and communicate such reports immediately to the CRC.

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