Operational Policy

All of our members (“you”) are eligible to use Holyoke Media’s equipment and production facilities free of charge, provided you have either completed one of our training courses on how to use and protect the equipment from damage, or, at the staff’s discretion, have demonstrated proficiency with the field production equipment. We will make field production equipment available on a nondiscriminatory, first-come, first-served basis, provided the following requirements are met.

Equipment:

Use of Holyoke Media’s equipment is intended for producing noncommercial media content that can be broadcast through any Holyoke Media medium unless a rental agreement is in place.

When you request field production equipment:

1. Equipment can be reserved for 24 hours, or over a weekend. For weekend use, we ask that equipment be picked up on Friday and returned on Monday. If you need a longer reservation, they are approved on a case-by-case basis, contingent on availability.
2. All equipment must be reserved with, and checked in and out by, Holyoke Media staff. Please observe Holyoke Community Media’s posted hours and pre scheduled reservation times for check-out and check-in of equipment.
3. An Equipment Check-Out /In Form must be filled out and signed prior to taking the equipment. If the member signing out the equipment is under 18 years of age, unless a parent or legal guardian has provided permission as part of the membership application, a parent or legal guardian must also sign the Equipment Check-Out/In Form.
4. Cameras may only be checked out one at a time. Requests for multiple cameras will be evaluated on a case-by-case basis, contingent on availability.
5. You can make up to two (2) simultaneous reservations for gear or facilities-use at a time.
6. Holyoke Media will make every reasonable effort to ensure equipment is in properly working order, but can make no guarantee as to the operating quality of equipment. You may wish to set up and test the equipment before leaving the facility.
7. If you had problems with the equipment functioning correctly, or something was broken while it was in your care, please let us know upon returning the equipment to Holyoke Media.
8. If you need to cancel your reservation, please let us know as soon as possible so we can make the equipment available to other people. If you are more than 30 minutes late for pick-up without notification and approval, the reservation may be cancelled.
9. Please return the equipment at the agreed-upon time. If equipment is habitually returned late, you may lose access to using it.
10. Equipment must not be left unattended or left overnight in a car or in any manner that might damage the equipment.
11. Equipment may not be used in hazardous situations, or in any abnormal or uncommon way that could be reasonably expected to fatally damage the equipment if something were to go wrong.
12. Members are responsible for returning all equipment in working order and are responsible for payment of any repairs or replacements needed.

Members who volunteer to cover public productions that are the responsibility of Holyoke Media are not responsible for accidental damage of equipment. However, normal care and precautions should be taken during the set-up, recording, and dismantling of the equipment. The equipment should be returned to the studio after the shoot or locked in a pre-approved designated area at the site of the shoot.

Editing or Studio Production Equipment:

When you request use of on-site editing or studio-production equipment:

1. You can reserve two (2) sessions of up to four (4) hours each at a time.
2. Your crew members for any studio productions must be trained, or have demonstrated proficiency in the equipment they are using, and be approved by the staff.
3. You must show up on time, and complete your production and cleanup within the scheduled time allotted.
4. Don’t try to fix anything. If something is not working correctly, or you want to change how something is connected, the staff will be happy to help you.
5. If you reserve the space and do not call or show up within 30 minutes of your reservation time, you will forfeit the time.
6. There is no dedicated storage space available on site. Any set pieces, such as furniture or backgrounds, left on site will be considered abandoned and will be disposed of.
7. The Executive Director must pre-approve any live broadcasts. Live broadcasts may be subject to additional restrictions.
8. You must alert staff in advance if any part of your production will impact the ability of other members to use any part of the facility (e.g., excessive noise, etc.).
9. No food or drinks are allowed on or near any of the production or editing equipment.
10. You must keep the facilities neat and clean. Cables and equipment should be wrapped properly, following posted signs, and put away, and trash should be placed in a receptacle.
11. Before you leave, inform the staff when you’re done using the studio or editing equipment.

The Holyoke Media community is founded on mutual respect. The facility is a place where people should feel comfortable openly expressing themselves, collaborating and respectfully disagreeing. Our members and their guests should expect a workspace in which they are able to create and collaborate productively. Our facilities are open to members and visitors who are there to participate in productions, attend public meetings or for other approved purposes. Help us keep Holyoke Media a safe, clean and pleasant place to create and collaborate by being considerate of all Holyoke Media Members.

Respect and courtesy for other scheduled or would-be users is fundamental to the studio’s success for all.

Failure to abide by any of the rules listed below may result in losing access to Holyoke Media equipment, facilities and services:

Treat people with respect: The Holyoke Media community values dignity. Disruptive, hostile, abusive or threatening behavior or language and harassment in any form are not allowed.

Treat the facility with respect: Holyoke Media’s production spaces and equipment are here for you to use while making video or audio content. Misuse or unauthorized use of resources, including office and production equipment, tampering with equipment or wiring, and recording without permission is forbidden. The only animals permitted on-site are registered service animals.

Keep the facility safe: Our production studio is a place where everyone should feel safe and secure. Possession of weapons; unauthorized use of alcohol; use of illegal substances; smoking, vaping, or open flames; or any criminal act as defined by federal, state or local law are not allowed.

Holyoke Media is a nonprofit: Commercial activities, advertising, sales or solicitation are prohibited.

Help us support this community: These rules and values are here to help this community thrive. Disregard of these or other posted guidelines, or disregard of staff attempts to enforce these rules will result in a loss of access.

Members are encouraged to resolve difficulties on an individual level, but please let us know if you need assistance mediating an issue. Holyoke Media reserves the right to suspend privileges to and remove from the premises anyone who engages in prohibited conduct, fails to adhere to the standards of contact set forth herein, behaves erratically, may be under the influence of alcohol or drugs, or participates in any other conduct Holyoke Media deems unacceptable.

You may request to cablecast an independently produced program on the access channels. All programs submitted for cablecast shall be accompanied by a completed Request for Cablecast form that contains a full disclosure of the program’s contents. Holyoke Media staff schedules channel time. However, programs submitted for broadcast will receive three (3) broadcast time slots, and may be further scheduled at the discretion of the Executive Director or their designee. Channel time is allocated on a first-come, first-served basis for any completed productions. No programs will be broadcast without having a production contract in place. Programs produced through the facilities of Holyoke Media will receive priority over outside programs. Holyoke Media reserves the right, at its sole discretion, to broadcast any content deemed to be adult in nature at hours when young people are not likely to be watching such as after 11 p.m. and before 5 a.m. Holyoke Media reserves the right to require an appropriate disclaimer on any program.

Series programs (i.e., shows that are produced at regular intervals) may request regular time slots based on the production frequency of the program. Production contracts for series programs are renewed annually and have a right of incumbency to their timeslot. Once a time slot is vacated, all incumbency to it is lost. If a series misses more than three (3) regular broadcasts, it may be subject to loss of time-slot.

Holyoke Media reserves the right to preempt programming with time-sensitive content, such as live meetings and events, and will make a good faith effort to reschedule the programming at a similar time.

Holyoke Media helps you, its members, produce content. We provide the equipment and training; you bring the creative ideas. You can create programming about whatever subject you would like, so long as it falls within the guidelines outlined below.

The producer retains the copyright for his/her program content produced using Holyoke Media equipment and may distribute and use such programming in other ways after it is used by Holyoke Media. Holyoke Media retains the right of unlimited cablecasts and videocasts over the internet. It is expressly understood that you and Holyoke Media share rights to the resulting content, including the perpetual right to publish and perform in any medium, unless a rental agreement is in place. All programming produced through the facilities of Holyoke Media must appropriately credit the organization. Guidelines for crediting can be found in our Content Rules.

Producers are solely responsible for the content of their program. Obtaining personal releases, minor permission forms and all necessary approvals, clearances, and licenses for the use of any program material is exclusively the responsibility of the producer. These may include, but are not limited to: broadcast stations, networks, music licensing organizations, performer’s representatives, and any and all other persons as may be necessary. A responsible adult shall verify, in writing, that authorization has been obtained concerning use of any equipment by a minor; and/or appearance of any minor; and/or that all necessary approvals/licenses have been obtained.

The staff and Board of Directors of Holyoke Media are not responsible for any disputes arising from the unauthorized use of any image, likeness or copyrighted material.

Presentation of the following material on Holyoke Media is prohibited:

1. Any program that is commercial in nature;
2. Any material which is intended to defraud the viewer or is designed to obtain money by false or fraudulent pretenses, representations or promises;
3. All advertisement of, or information concerning any lottery, gift enterprises or similar scheme offering prizes dependent in whole or part upon lot or chance; or any list of the prizes drawn or awarded by means of such lottery, gift enterprises or scheme, whether list contains any part or all of such prizes.
4. Any material which constitutes libel, slander invasion of privacy or publicity rights, or which might violate any other local, state or federal law.
5. Any obscene and indecent material. This type of programming is not permitted on cable television by federal law. A program is considered obscene if:

• • An average person, applying contemporary community standards for the cable medium, would find the material, taken as a whole, appeals to prurient (sexual) interest;
  • It depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law; and
  • The work, taken as a whole, lacks serious literary, artistic, political or scientific value.

1. Any program material that creates the immediate danger to property or persons. Although the enforcement should be performed by appropriate law enforcement authorities, any content that is (1) intended to incite or provoke dangerous activity; and (2) likely to succeed in achieving that result, is prohibited. This applies to advocacy of using force, violence, or acting in violation of the law.
2. Any advertising by, or on behalf of, candidates for public office, political parties or ballot/warrant issues.
3. Programs containing material that violates copyright or trademarks. Use of such material generally requires obtaining appropriate rights from music licensing organizations, publishers, representatives, copyright holders, broadcast stations networks and other persons as necessary. Members may be asked to furnish written authorization for use of such materials.

At no time, and under no circumstance, will producers make or record content that attempts to, or violates, the law or that documents successful or unsuccessful attempts to violate the law.

Crediting

Members must credit Holyoke Media on any content they have produced using our facilities. Video programs will denote that they are produced using Holyoke Media’s equipment with an end slide or video. For the most up to date credit, please ask a staff person. Podcast programs will credit by saying “This program has been produced in association with Holyoke Media.”

Music and other audio recording should add the following text to the liner notes or primary description field for the track and/or album: “Produced in association with Holyoke Media.”

Underwriting Announcements

Commercial advertising is prohibited from the access channels. Programs can acknowledge monetary or other contributions, but they may not promote the goods and services of for-profit donors or underwriters. Acceptable enhanced underwriting acknowledgements may include:

1. Slogans that identify but do not promote.
2. Location information.
3. Value-neutral descriptions of a product line or service.
4. Brand names, trade names and product service listings.

If you are interested in having underwriting on your program, please review the Underwriting and Grants policy and ask someone on staff for assistance.

Political Programming

Any certified candidate for public office or ballot issue campaign for which Holyoke residents may vote are afforded the same rights as a resident of Holyoke with regard to access to our facilities, training, equipment and channel time on a first-come, first-served, non-discriminatory basis. A sufficient block of time will be reserved during each political campaign season to enable a comprehensive selection of political programs to be shown.

Regarding political programs, the following are encouraged:

1. Political presentations which are informative in nature such that they state who a candidate is and what a candidate represents in terms of specific ideas, issues and policies;
2. Candidate forums to which all certified candidates have been invited.
3. Presentations that describe a particular point of view on a given topic.

Candidates may submit Community Bulletin Board postings for campaign events. These postings may only include the following: Name of organization, time and date of event, location, transportation, and contact number.

Political advertising by, or on behalf of, candidates for public office, political parties or ballot issues is strictly prohibited, as well as any program which presents candidates for public office, or spokespersons for political parties or ballot/warrant issues, within 7 days of an election, except for candidate forums or debates to which all parties concerned have been invited, or public meetings in which one or more candidates participate.

Any program promoting particular candidates or ballot questions must identify who produced, sponsored and/or paid for the production and must include a disclaimer inserted at the beginning and end of each political program stating:

“The views expressed on this program are those of the producer(s), and do not reflect the view of Holyoke Community Media, the City of Holyoke, or the cable operator.”

During election season, Holyoke Media may, at its sole discretion, organize or participate in events to help improve visibility of candidates and ballot issues for which community members have the ability to vote. All election-related activities will be conducted in an unbiased manner, affording the same rights to any certified candidates or representatives who are for or against ballot issues.

Good Faith Effort

When conducting any election-centered event, a good faith effort will be made to contact candidates using the official information provided to the clerk. We will attempt contact through:

1. Email
2. Phone and text
3. Mail
4. Certified Mail

If a candidate has not responded to any of these inquiries, it will be understood that they decline to participate.

Debates

Any debates organized by Holyoke Media will seek to include all certified candidates for a given office.

The debate format and response times will be assigned beforehand and will include:

1. An introduction by the moderator, which will include the introduction of the candidates and the office being pursued, as well as a request of the audience to respectfully refrain from excessive exuberance for or against a particular candidate.
2. Opening statements by each candidate
3. Questions asked equally to all candidates (in a rotating fashion)
4. Closing statements by each candidate.

With the agreement of the candidates present, debates may also include Lincoln/Douglas style questions where the candidates question each other, questions from the audience or questions solicited online. Holyoke Media will work to identify days and times to hold the debate that will work for all candidates; however, if consensus cannot be reached, the organization may ascribe a date and time based on when the most candidates are available. If a candidate doesn’t show up to the debate, or cancels last minute, it will be announced that they were invited to attend, and that it in no way signifies the endorsement of the attending candidate by Holyoke Media. Both before and after the debate there will be informal time for candidates to meet with voters. When choosing a venue for the debate, priority will be given to finding a neutral site that can accommodate a large audience. Partisan attire by the audience, including buttons and signs, is strictly forbidden.

No candidates will be provided the specific questions beforehand; however, if information on the types of questions is provided, it will be given equally to all candidates.

Candidate Interviews

Holyoke Media may choose to conduct candidate interviews with any certified candidates for a given office. Candidates will be asked identical questions; however, since the point of an interview is to provide additional insight into their candidacy, there may be candidate-specific follow-up questions that are not asked to all.

Candidate Statements

Holyoke Media may make available to candidates the ability to record a candidate statement. The format and length of the candidate statement will be established beforehand and will be equally distributed to all candidates. The format used, unless otherwise altered, is:

A three minute or less video in which the candidate states “I’m _______________ and I’m running for _____________ because….”

Videos may be recorded with the assistance of Holyoke Media staff or submitted directly by the candidate; however, videos recorded by the staff must be recorded in one continuous take (although the option will be provided to record multiple takes in order to record one that the candidate is happy with) and will not receive additional editing other than a 30-frame audio and video transition in and out, as well as the addition of a 5-second standard organizational lower-third graphic stating the candidate name and political office sought.

While a candidate statement is given to the candidate to use as they see fit, Holyoke Media reserves the right not to air any statement that violates the organizational content policy. Statements exceeding the time constraints, even incrementally, will not be included, but may be rerecorded.

From the outset, a submission date will be set with the goal of presenting all the candidate statements together in an equal fashion. If candidates do not record or provide a statement by the deadline, it will not preclude the content from being broadcast or brought live online; however, their submissions may be added after the fact.

Statement of Impartiality

In no case, and under no circumstance, does Holyoke Media advocate for or against any candidate for public office or ballot initiative. In all cases with matters of public vote, all official candidacies and initiatives will receive as equal and impartial treatment as is feasible. Holyoke Media staff shall not participate in an official capacity during paid company hours, as producer, crewperson, or other technical or advisory position which would be an advantage to any of the declared candidates or sides in a ballot question debate or forum. Staff can continue to perform other normal duties, however, such as engineering, technical assistance, training, and scheduling for such programs, as they would with other access programs.

Informing the community and providing locally sourced journalism that is fact-based, accurate and unbiased is a mission-critical function of Holyoke Media.

When producing news, we will adhere to the highest ethical standards as stated in the Society for Professional Journalists ethics code. We will:

• Seek and report the truth – We will pursue and report on the facts and strive for accuracy by checking information with multiple sources and clearly indicating when we were unable to corroborate information.
• Treat sources and subjects with dignity and respect – We will do no harm, and will be aware of the impact of our reporting on individuals and the lives of others.
• Act independently, and free from influence – We will be independent voices and will not act on the behalf of corporate, political, cultural or fiscal interest, and will avoid conflicts of interest where possible, whether real or perceived. When existing affiliations that create the appearance of or constitute a conflict of interest are unavoidable, we will clearly announce the relationship to the audience.
• Be fair and impartial – We will present stories in an objective manner, actively soliciting and presenting differing points of view on issues, and will support the open and civil exchange of ideas.
• Be accountable and transparent – We will actively solicit and listen to the concerns of our audiences. When we make errors, we will correct them and publicly take ownership of our mistakes. We will provide access to source material when it is relevant and appropriate.
• Be vigilant and courageous – “We will hold those in positions of power accountable and give voice to the voiceless.” (SPJ)

Editorial content will be clearly identified, so that anyone viewing the content will reasonably understand they are viewing someone’s opinion and not the presentation of fact.

We facilitate Community Journalists submitting news content. Any community-sourced news will adhere to the same ethical standards. If the content does not abide by these standards, or if we are unable to independently corroborate the impartiality of the piece, the content will be clearly and unmistakably identified as coming from an individual producer and not reflecting the views of Holyoke Media.

If you have concerns regarding the ethics or impartiality of our news content, please direct them to the attention of the Holyoke Media Executive Director and Board of Directors, or anybody they authorize to provide this oversight, through the Executive Director. Should any content merit correction or retraction (as deemed by the overseeing body), it will be done publicly and promptly, through any medium used and as is reasonably possible. A log of any corrections or retractions will be maintained on Holyoke Media’s website.

The public portion of any meeting that is to be broadcast will be recorded in its entirety. On such occasions that any portion of the recording is lost as a result of force majeure, the meeting will be replayed in its fullest complete form with full screen graphics at the beginning and end indicating that a portion of the content was not recorded. If content loss takes place in the middle of a filming but the beginning and ending of the meeting are intact, it will be noted as well at the point of content loss.

In between programming, Holyoke Media posts community announcements on our access channels. Any Holyoke resident or organization may submit noncommercial, non-partisan notices, activities, and events and information beneficial to residents of Holyoke in both English or Spanish to be displayed on a rotating basis. These are known as public service announcements or PSAs.

Pre-approved:

• Notice of community events, including fundraising events
• Announcements about programs or services available to the community

Unauthorized:

• Commercial announcements
• Advertisements
• Direct fundraising appeals

Event submissions may include event description, location, pictures, phone numbers, websites, email addresses, or other contact information. Announcements are cycled in the order they are added to the broadcast system. Specific broadcast times or windows cannot be guaranteed, except for beginning and ending date.

Holyoke Media will work to communicate with the author of the PSA if editing is needed; however, Holyoke Media reserves the right, at its sole discretion, to edit text and/or alter the layout in order to fit the space available.

Grants:

Members are encouraged to pursue grants to support their projects or ideas, and there are many ways that Holyoke Media can be supportive of grants by:

• providing letters of support,
• directing project partnership,
• providing in-kind contributions and fiscal sponsorship.

Before targeting a grant that involves Holyoke Media, a member seeking a grant must discuss the project with the Executive Director to establish the scope of the project and the ways the organization can be supportive.

Underwriting:

Holyoke Media offers support to producers interested in soliciting underwriting support for their programs. Acknowledgement of underwriting by businesses, organizations or grantors providing monetary or other assistance to the making of the program must be included in the program credits. Underwriting announcements may include the underwriter’s name, business name, logo, and up to a 15-second, value neutral statement of the nature of the underwriter’s contribution or product. Prohibited are direct sales talk, product pricing, marketing, or “calls-to-action” which disclose specific products on sale.

Any producer that is interested in soliciting underwriters must submit to the Executive Director for approval a fact sheet that they will give to potential sponsors. The fact sheet should include:

• A clear synopsis of what underwriting can and cannot be, as defined in this policy and relevant FCC Law.
• The rate of sponsorship.
• The term of sponsorship.

The following is an example of a typical underwriting announcement:

(Name of program) is brought to you in part by (name of business). Located at (address), (name of business) carries (list of products). (Name of program) thanks (name of business) for its support.

Commercial advertising is prohibited from all Holyoke Media channels.

At no time, and under no circumstance, will members present themselves as a representative of Holyoke Media. Members who solicit underwriting bear full responsibility for the creation and implementation of all sponsorship responsibilities, and agree to indemnify and hold harmless Holyoke Media, the organizations staff, Board of Directors and volunteers against any and all claims arising from the solicitation of underwriting.

Additional information about the FCC standard for Underwriting Announcements on Noncommercial Educational Stations can be found in The Public and Broadcasting.

In an effort to foster a positive climate for creative work and media innovation, Holyoke Media will provide comprehensive fiscal sponsorship for grants.

Any project seeking Holyoke Media as a fiscal sponsor must meet all of the following criteria:

• The project must parallel Holyoke Media’s mission.
• The project must serve the community of Holyoke.
• The project must have a media component.
• The project must strictly adhere to laws governing noncommercial and 501(c)(3) nonprofit organizations.

As a fiscal sponsor, and in an effort to provide appropriate oversight without interfering with the project, Holyoke Media will maintain separate accounting for all financial records, issue checks to service providers as needed, including yearly Forms 1099MISC, receive deposits and donations, and provide regular financial reports to grantors and project leaders. Holyoke Media will maintain variance power and at its sole discretion, may refuse payment on any receipt it deems to be inappropriate, outside the scope of the grant proposal or inconsistent with the organization’s nonprofit status. Payments will only be made in response to invoices, or by submitting a payment request form. Meal reimbursement should not exceed $50 per person per meal without the prior written approval of the Executive Director.

It remains the responsibility of individual projects to raise any funds, prepare annual budgets, design and carry out their programs.

In exchange for providing this service, Holyoke Media will receive 10% of the total funding raised.

Those interested in applying for fiscal sponsorship will submit to the Executive Director a formal request detailing the project, its goals, the expected timeline of the project, any additional fundraising plans, a proposed budget, and an explanation of the capacity to achieve the purpose. For the purpose of reviewing the request, Holyoke Media may request that additional documents be provided.

All project proposals will be brought to the attention of the Holyoke Media Board of Directors. Directors may, as they deem necessary, participate in the proposal-review process with the Executive Director. Projects will be approved at the Executive Director’s sole discretion. Priority will be given to projects that specifically seek to engage people in media or media production.

Projects are precluded from using the organization’s name for granting or fundraising purposes until a fiscal sponsorship agreement has been executed. Included in the executed agreement will be a timeline that outlines the frequency with which the project leader will provide formal project updates in writing to the Executive Director.

Sponsored projects should acknowledge Holyoke Media’s support in publications and news releases or stories. Similarly, Holyoke Media may give the project mention on the organization’s website, in news releases, or in its annual report.

If a member is using Holyoke Media equipment and facilities to create content that will be broadcast on its channels, use of such equipment and facilities is free of charge. However, if working on projects not intended for broadcast, a fee will be applied.

Holyoke Media will establish and regularly update on its website the rental rate for studio and equipment use for personal projects that are not for cablecast. Before any person or organization may rent the facility or equipment, a rental agreement establishing the date and time of use, as well as the associated costs must be in place. Rental fees must be paid in full in advance of any paid use. Any rental of the production studio requires a dedicated staff person to be on site; their time will be billed hourly and is in addition to the cost of rental.

Renters are responsible for leaving the facilities as they found them or they will be subject to additional cleaning fees. Equipment should be neatly repacked when returned. Renters will be personally responsible for any damage to the facility or equipment during their use. Additional information can be found in the Training and Production Resources policy.

Rental bookings that are canceled with more than 24-hours’ notice will be fully refunded any rental fees. Rentals canceled with less than 24-hours’ notice may be billed for set up and organizational time lost in preparation for the use. Rental reservations that no-call/no-show for their booking will be charged the full rental fee.

Rental uses are subject to availability and should be booked as far in advance as is possible. Anyone renting equipment agrees to hold Holyoke Media, its staff, volunteers and Board of Directors harmless against any and all claims.

WE MAINTAIN AN ENVIRONMENT WHERE EVERYONE WORKS FREE FROM HARASSMENT. WE WILL NOT TOLERATE HARASSMENT OF ANY TYPE. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal, the conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if so encountered.

Because Holyoke Media takes allegations of harassment seriously, we will respond promptly to complaints of harassment and where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

Please note that while this policy sets forth our goals of promoting a facility that is free of harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual or other harassment.

Definition of Sexual Harassment:

In Massachusetts, the legal definition for sexual harassment is this:
“sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

1. submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or,
2. such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Under these definitions, direct or implied requests by for sexual favors in exchange for actual or promised benefits such as favorable reviews, promotions, increased benefits, or continued access and use constitutes sexual harassment.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating to any workers may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

• Unwelcome sexual advances – whether they involve physical touching or not;
• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, cartoons;
• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
• Inquiries into one’s sexual experiences;
• Discussion of one’s sexual activities; and
• Dissemination in the workplace of sexually-explicit voice mail, email, graphics, downloaded material or websites.

All members and users of Holyoke Media’s equipment, facilities and services, should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint, is unlawful and will not be tolerated by this organization.

Complaints of Harassment:

If any of our members or users believes that they have been subjected to harassment, they have the right to file a complaint with our organization. This may be done in writing or orally.

If you would like to file a complaint you may do so by contacting the Executive Director of the organization at: ExecutiveDirector@HolyokeMedia.org; or in the alternative, the Board President for the organization who may be reached at Board@HolyokeMedia.org. These persons are available to discuss any concerns you may have and to provide information to you about our policy on harassment and our complaint process.

Harassment Investigation:

When we receive a complaint, we will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will include a private interview with the person filing the complaint and with witnesses. We will also interview the person alleged to have committed harassment. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.

If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate, we will also impose disciplinary action.

Disciplinary Action:

If it is determined that inappropriate conduct has been committed by one of our employees, members or users, we will take such action as is appropriate under the circumstances. Such action may range from counseling to termination from employment or use of Holyoke Media’s equipment, facilities and services, and may include such other forms of disciplinary action as we deem appropriate under the circumstances.

State and Federal Remedies:

In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with either or both of the government agencies set forth below. Using our complaint process does not prohibit you from filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim (300 days).

The United States Equal Employment Opportunity Commission (“EEOC”)
John F. Kennedy Federal Building
4th Floor, Room 475
Government Center
Boston, MA 02203
Phone: (617) 565-3200 / (1-800) 669-4000
Fax: (617) 565-3196
TTY: (1-800) 669-6820
ASL Video Phone: (844) 234-5122

The Massachusetts Commission Against Discrimination (“MCAD”)
Springfield Office
424 Dwight Street, Room 220
Springfield, MA 01103
Phone: (413) 739-2145
Fax: (413) 784-1056

Holyoke Media is committed to promoting ethnic and cultural diversity and inclusion through its board, staff, volunteers, members and partners. We are committed to being a “learning organization,” open to growth in our approach to differences. We value differences in people who are part of our community and strive to create a safe environment where all are treated with respect. We also value differing work, thought and learning styles. We use the lens of diversity and inclusion in strategic planning, goal setting and professional-development planning. We pay special attention to our recruitment, retention and promotion practices to ensure diversity, equity and inclusion.

No individual will be denied access to any Holyoke Media equipment, facilities, or channel time on the basis of race, sex, sexual orientation, age, physical disability, religious or political belief, ability to pay, or due to the nature of the programming interest.

All members of the organization and their visitors are expected to behave in a manner that aligns with the values and policies of Holyoke Media. Any violation of the organization’s policies may result in loss of member privileges and, in egregious cases, may result in an expulsion from the organization. All Holyoke Media staff are authorized to enforce the policies of the organization up to and including suspension of member privileges. Violations may be issued verbally or in writing.

Permanent Suspensions

Abusive or threatening behavior or language and harassment in any form will result in an immediate and permanent termination of membership privileges.

Major Violations

Any member found to have committed a major violation will receive an immediate 30-day suspension of membership rights. Major violations include, but are not limited to:

• Commercial or profit-making use of Holyoke Media facilities without an appropriate rental or facilities-use agreement.
• Misrepresentation of members’ affiliation with Holyoke Media.
• Falsifying forms, schedules, or records.
• Taking equipment without staff permission.
• Use of equipment for illegal purposes.
• Unauthorized rewiring, repair or reconfiguration of equipment or facilities.
• Tampering with, copying or deleting Holyoke Media software or data.
• Three unexplained no-call/no-show cancellations.
• Smoking within the facility.
• Possession or use of any illegal substance within the facility.
• Using or appearing to be under the influence of alcohol or drugs; or interfering with the orderly conduct of business.
• Abusive language and/or actions, or harassment of any kind.
• Theft of any Holyoke Media, member, staff or visitor’s property.
• Willful defacing, vandalizing, or destroying Holyoke Media property.
• Bringing weapons on the property owned, controlled and occupied by Holyoke Media.
• Blatant disregard of Holyoke Media policies.

Holyoke Media exclusively reserves the right to enforce its policies and procedures; and further reserves the right to permanently revoke the membership rights or rights to volunteer of any individual, family or organization whose behavior violates the policies and procedures of Holyoke Media.

Minor Violations

Members who commit a minor violation of organizational policies will receive a verbal warning or written warning. If minor violations are habitual, member’s use of the facility will be increasingly sanctioned.

• A second minor violation will receive a written warning.
• A third minor violation will result in the suspension of member privileges for one week.
• A fourth minor violation will result in suspension of member privileges for one month.
• A fifth minor violation will result in permanent suspension of member privileges.

Minor violations may include, but are not limited to:

• Late pick-up or return of equipment without notification and approval.
• Mishandling or unsafe use of equipment.
• Failure to clean up after using the facilities.
• Eating or drinking in non-designated areas.
• Handling off-limits equipment or being in off-limits areas.
• Rowdiness or horseplay while in the facility.
• Creating any disturbance to other Holyoke Media members, guests, or to the public.
• Failure to cancel a reservation in accordance with Holyoke Media policies.
• Failure to comply with Holyoke Media policies and procedures.

Our policies apply equally to all members of Holyoke Media. If a member believes a policy has been inappropriately or unjustly applied and the concern cannot be resolved with the parties directly involved, they can file a grievance. All grievances should be submitted in writing to the Executive Director, who will review it and make a decision on the outcome. If the member is dissatisfied with the decision of the Executive Director, they can submit it to the President of the Board of Directors who will review the Executive Directors decision and the appropriateness of the outcome. If that does not provide an adequate solution, the member may submit it to the Board of Directors.

The Board of Directors will hear complaints from members and staff of the organization and other residents of the community relating to claims of unfair treatment, rules, violations and improper management decisions. Complaints must be submitted in writing only after being thoroughly pursued with the Executive Director. The Board has the right to refuse to pursue matters which it believes are trivial, irrelevant or beyond its scope.

The grievance will be heard at the next regularly scheduled Board meeting, where the Board will conduct a formal hearing. In the case of urgent grievances, the Board will meet within 7 days of receiving notification of the complaint.

Evaluation of the grievance will include reviewing management decisions based on current rules, policy and practice at the time of the incident, as well the intent of the policy. If relating to an area where existing policy is not fully developed, the Board may conclude that new policy needs to be established.

Upon request, Holyoke Media will make available translation and/or interpretation services for any individuals involved with the grievance process.

The Normal Pattern of Events for a Grievance

1. Within 30 days of the issue arising, the aggrieved party sends a brief written description of the grievance to the Board President which states the facts surrounding the problem, the resolution sought, and the people involved. The President may request other germane information or clarification.
2. The Executive Director will be notified of the grievance and asked to provide the management’s point of view within 10 days.
3. The Board President will alert the rest of the Board about the grievance and the nature of the problem. If the Board decides to accept the grievance for consideration, the Executive Director will be notified, all necessary parties will be contacted to provide further information, in writing, and a date will be set for a hearing.
4. Grievance Hearings will be held in open session, unless otherwise voted by simple majority. Minutes will be recorded for all hearings. All parties to the complaint will be invited to attend, and given time to present their view. Once the parties have presented their sides, the Board will ask any questions they have, and set a timetable to make a decision. The Board will work to reasonably expedite this process; however, the whole process may take up to 4 weeks, but in no circumstance will it exceed 8 weeks.
5. Following the hearing, the Committee members will discuss the matter, gather any further information that they require, reach their decision about the grievance, and prepare documentation describing the outcome which will be sent to all the parties within 30 days of the decision.

Members and users of the access channels shall indemnify Holyoke Media, its employees and its Board of Directors, against any and all liabilities arising out of use of facilities and/or resources, or out of breach of the Holyoke Media Operational Policies.