STANDARDS OF CONDUCT – DISCIPLINE AND DISCHARGE. 1. The Employer’s policies governing the conduct of its employees, including but not limited to its policy prohibiting discrimination and harassment, are equally applicable to Artist.
2. In the event that, following execution of a Standard Artist’s Contract for Employment, the Employer becomes aware of serious conduct or credible serious allegations that threaten to or do bring the Employer into disrepute or scandal, including but not limited to sexual assault or harassment, or felony criminal convictions (other than for drug possession), the Employer may, upon written notice, terminate the Artist’s Contract for Employment for cause, in which event the Employer shall not have any further obligations to Artist, including any financial or other obligations such as travel or accommodation, except (a) those that have been ordered by an arbitrator pursuant to subsection 3, below, and (b) in the event that any Artist is discharged or suspended while on tour, the Employer will bear the cost and responsibility of returning said Artist to the City of Origination.
3. AGMA retains the right to contest through arbitration whether the identified conduct occurred and/or is violative of this provision.
4. Private, non-criminal conduct between consenting adults which does not constitute sexual assault, harassment or discrimination and which is reasonably expected to remain private shall not be considered conduct that violates this provision.
5. Conduct that is protected under the First Amendment or the National Labor Relations Act, including but not limited to political speech, speech concerning terms and conditions of employment, and participation in or support of protest, social justice causes, or other concerted activity, shall not be considered conduct that violates Paragraph 2, above, except that serious incidents of discriminatory conduct or statements, hate speech or threats or incitement of violence may be considered violative of Paragraph 2, above.
6. An Artist shall have a right to AGMA representation in an investigatory interview if the Employer seeks to invoke this provision. If the Employer seeks to interview a bargaining unit member who it believes may have violated the standards of conduct set forth above, or another bargaining unit member concerning the alleged incident, the Employer will:
(a) Inform the Artist and member in advance of the investigatory interview of the right to have an AGMA representative present during the interview; and
(b) Provide AGMA...
