Unacceptable Behaviour Remedies Policy

Purpose

This policy outlines the remedies available to the Fringe Society for Participants who are in breach of the published Unacceptable Behaviour Policy.

This policy should be read in tandem with the Unacceptable Behaviour Policy and any published and subscribed to Best Practice guides issued by the Fringe Society.

Definition and Scope

Within this policy, “Participant” has the meaning given to it in the Unacceptable Behaviour Policy.

The Fringe Society has a responsibility to ensure that any Participant registering as part of the Fringe is operating legally, ethically, and in the spirit of the Fringe values.

This policy provides remedies to address inappropriate, unethical or poor working conditions, behaviours, and practices, including those identified in the Unacceptable Behaviour Policy.

Venues and Producers

It is acknowledged that any remedies or restrictions imposed on Participants may have an unintended impact on other Participants (in particular artists, companies, and workers), which may unfairly disadvantage those the Fringe Society is seeking to support. The Fringe Society will, in its application of this policy, seek to define where unacceptable behaviour is individual or organisational, and any remedies applied will seek to ensure those who may be impacted are supported to continue with their Fringe experience.

Procedure

If a Participant is found to be in breach of the Unacceptable Behaviour Policy, the Fringe Society may undertake any and all of the following actions. These interventions and remedies are designed to support improvement and inclusion to the overall benefit of the Fringe. Removal of services and exclusion from participation in the Fringe will be a last resort, except in cases of unlawful/illegal or dangerous behaviours. In such cases, action may be taken immediately and without warning.

A “complaint” includes the following:

• direct reporting of breaches of the Unacceptable Behaviour Policy by impacted Participants;
• reports through the Fringe Society’s anonymous complaints process;
• sustained and recurring feedback indirectly from impacted Participants, through public forums and social media; and
• reputable and evidenced reports, including investigative journalism, academic and activist led reporting.

Upon receiving a complaint, the Fringe Society will:

• use reasonable efforts to ensure complaints and reports of breaches are accurate, founded and substantiated;
• seek a remedial path with the involved parties, where possible;
• fully investigate complaints, working with third parties (such as trade unions) if required; and
• issue written feedback, including formal notice of improvements and remediation, with clear timetables of compliance and further actions.

A Participant who is subject to the complaint must:

• provide any and all information requested by the Fringe Society in the timeframe agreed, in seeking to resolve reported breaches;
• ensure they, and their affiliates, officers, representatives, employees, and contractors cooperate with any investigation; and
• contribute meaningfully to agreed mediation and improvements to seek resolution, not escalation.

Failure to comply with this procedure and any proposed remedial action may result in:

• removal or prevention of service delivery (e.g. refusing to allow the registration of a show, cancellation of a show, advertising or other engagement);
• mediation and Fringe Society intervention in operational matters (i.e. payout via the Fringe Society);
• requiring that shows directly register with the Fringe Society rather than through a venue or producer;
• removal of Fringe Society Media and/or Arts Industry accreditation and from Fringe accredited lists;
• restricting telephone calls and/or other communication with us to specified days and times;
• refusal to correspond with specific individuals within organisations;
• asking the Participant subject to the complaint to appoint a representative to correspond with us; and
• putting in place of a formal management agreement between the Fringe Society and the parties to remedy and improve conditions.

Decisions will be taken by the Chief Executive, in consultation with the Senior Management Team and the Board of Directors. Appeals can be made to the Board of Directors through the Deputy Chief Executive. Appeals requests can be submitted by email to [email protected].