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Ether Independent General Policies

ether-independent-winter-guard-houston-texas-color-guard

2023-2024

General Policies

v1.0.

Ether Independent Contact Information

Ether Independent
[email protected]
350 W. Brazos Ave. #1343, West Columbia, Texas 77486

2023-2024 Staff List

Christopher FarleyExecutive Director
Meagan YoungAssistant Director
Ashley Spain-ButtsEducational Director
Kolten BurkesWeb Master and Media Requests
James GabonayStaging Designer, Aesthetics
Rick SubelProduction Consultant
KC PerkinsListening Artist Friend
Annie PelkaConsultant

Board of Directors

Board President – Christopher Farley
Board Secretary – Meagan Young
Board Treasurer – Ashley Spain-Butts
Business Director – Kolten Burkes

On The Web

website – https://www.etherindependent.com/
Facebook – https://www.facebook.com/etherIndependent/
instagram – https://www.instagram.com/etherindependent/
tiktok – https://www.tiktok.com/@etherindependent/
twitter – https://www.twitter.com/ether_guard/
BAND app – Please send a request to [email protected] to be added to BAND app.

2023-2024 Member Handbook and Policies

Introduction

Ether has established many policies, which we have adopted to run a professional organization. We expect all of our members to adhere to these policies when representing Ether. Any questions regarding the policies listed below, or concerns about the upcoming season, should be addressed to Christopher Farley, Executive Director in person, through BAND app, or via email: [email protected].

Code of Conduct

Throughout the competitive season, all members of the Ether organization shall abide by three critical rules:

  1. Do NOT break the law.
  2. Do NOT embarrass yourself, the organization, or other members of the organization.
  3. Follow all guidelines and policies in this handbook, in the member contract, and all rules outlined by Winter Guard International (WGI) and Texas Color Guard Circuit (TCGC)

Please remember that you represent Ether Independent, the Texas Color Guard Circuit, Winter Guard International, and all winter guard communities at large; and you agree to conduct yourself in a professional manner at all times while representing these aforementioned parties.

Ether Independent has adopted the WGI Code of Conduct, WGI Participant Abuse Prevention Policy (PAPP), TCGC Code of Conduct, and US Center for SafeSport Code. For more information, you can review these policies online:

  1. WGI Code of Conduct for Participating Groups
    https://wgi.org/wp-content/uploads/2020/06/WGI-Code-of-Conduct-Groups.pdf
  2. WGI Participant Abuse Prevention Policy (PAPP)
    https://wgi.org/wp-content/uploads/2021/08/PAPP-Required-Policies.pdf
  3. TCGC Code of Conduct for Participating Groups
    https://vault.compsuite.io/45/8448b579c2a64df39f11411a5a1ff374/TCGCCodeofConductforParticipatingGroups.pdf
  4. US Center for SafeSport Code
    https://uscenterforsafesport.org/wp-content/uploads/2023/09/2023-SafeSport-Code.pdf
About Ether Independent

Ether Independent was founded in 2022 to create fun, educational experiences for young adults interested in the winter guard activity. Ether is an independent winter guard based in Houston, Texas. Ether Independent is a registered 501(c)3 non-profit organization that adheres to the guidelines set by Texas Color Guard Circuit (TCGC) and Winter Guard International (WGI) in addition to creating its own policies.

Mission Statement

Ether Independent aims to foster an all-inclusive, safe space for learning and personal growth that is accepting to all creeds, nationalities, genders, and identities, while striving to achieve excellence within the winter guard activity through exhilarating performances.

Strive for Excellence in Every Way

At Ether Independent, we acknowledge that life and growing-up can be hard sometimes. We want our rehearsals and events to be a place for healing, growth, and learning. Therefore, it’s our mission to foster an all-inclusive, safe space that is accepting to all creeds, nationalities, genders, and identities.

Our team can only strive to achieve excellence within the winter guard activity through exhilarating performances when our participants feel supported. We feel that providing an environment that is free from judgement, prejudice, and cruelty is a critical first step to nurture the success of our team members.

Health and Wellness

General

Ether Independent believes that putting physical and mental wellness at the front of our activities is crucial for an inclusive, enjoyable, and successful program. Please communicate any needs that you have or issues you may be experiencing so that our staff can direct you towards receiving the assistance or accommodations that are best fit for you.

Indemnity

You agree to hold harmless Ether and all its affiliates including, but not limited to, the organization itself, its board of directors, staff, contractors, sponsors, and participants from any and all medical liability and acknowledge that neither Ether nor its affiliates cover nor accept liability for medical expenses of members or staff under any condition. It is the responsibility of the individual member to acquire and maintain their own, personal health insurance and to keep on-hand the appropriate information with them, at all times. If you, the member, is already or becomes injured or sick and require health care including, but not limited to, general or urgent or emergency care, hospitalization, physical therapy, medical specialists, chiropractor, dental care, ambulance, life flight, etc., you need to have your insurance information and/or a check, credit card, or other form of payment available in order to pay any and all fees that arise from medical care for any reason.

Medical Emergencies

Emergencies shall be handled quickly, and transportation to the local hospital will occur as swiftly as possible. We will contact the individual listed as an Emergency Contact on your Medical Form. 

Reporting Illness and Injury

If the illness or injury is not an emergency but you feel you need to see a physician, we ask that you meet with an Ether staff member immediately. The staff member will assist you in organizing a plan to provide you with transportation to a medical care facility. For more information, you can review the “Community Outreach” section of our website for a list of general and mental health resources: https://etherindependent.com/wellness-resources.

Attendance

The undersigned party agrees to attend all camps, shows, and rehearsals on time, at the dates and times as determined between the contracted party and Ether. Exceptions will be considered on a case-by-case basis with reasonable notice prior to the event.

Tuition and Fundraising Policy

General

It is the responsibility of the performing member to fulfill all financial responsibilities. Financial responsibilities include, but are not limited to:

  • Making payments on time
  • Completing all tuition payments
  • Participating in all fundraising events

Performing members are awarded contracts based on their commitment and understanding of the expenses that may be required during the competitive season. Moreover, by signing their contract, performing members are bound to their commitment. 

A policy shared with other performing marching organizations (Winter Guard International, Texas Color Guard Circuit, etc.) is that financial commitments must be satisfied before accepting contracts from other organizations. It is irresponsible for the performing member to accept another contract without satisfying their financial responsibilities with Ether Independent. The Board of Directors and Program Directors will deny any member the ability to perform with other organizations if their financial responsibilities are not met.

Members are expected to participate in all fundraisers for their contracted season. Ether staff work incredibly hard to find and arrange fundraisers to aid in members paying their tuition. We understand winter guard is expensive, which is why we organize fundraisers. Members should take advantage of these opportunities as often as they can. Fundraising goes towards the member’s tuition, and also aids in building Ether for everyone to enjoy. Ether seeks to travel, recruit, advertise, host events, and give the members the best experience possible. Performing members are vital in building the Ether program for current and future generations.

Payment of Fees

It is the policy of Ether that we will not offer any ‘deals’ or ‘payment plans’ to any member that is not outlined in the member contract. It is our policy that if a member has not paid their member dues in full by the STATED deadline, their membership with the organization may be revoked or participation suspended until dues are paid to current. The member’s spot will no longer be guaranteed until dues are paid in full. If an Ether member is contracted past the stated date, the member will need to pay fees in full before being eligible to participate in rehearsals, performances, etc.

If a returning member has a history of slow payment, non-payment, or the breaking of a financial agreement, that member may not be offered any financial terms for the new season and may not be permitted to join the organization until they have a paid in full status.

Media Consent

You, the undersigned party, consent to participating in and to the public use of, but not limited to, interviews, quotes, photographs, movies, videos, and other media of yourself and/or your creative work while working for and/or representing Ether. In addition, you grant Ether the right to edit, use, and reuse above stated media for purposes including, but not limited to, use in print, on the internet, and in other forms of media. You also agree to hold harmless Ether, its board of directors, employees, contractors, sponsors, and participants from all claims, demands, and liabilities in connection with the above. This authorization shall continue indefinitely unless the undersigned party otherwise revokes this authorization in writing. The undersigned party acknowledges that a revocation cannot and will not apply retroactively; waives the right to inspect or approve any finished product in which their likeness appears including written or electronic copy; agrees that they have been compensated for this use of likeness or have otherwise agreed to this release without being compensated; waives any right to royalties or other compensation arising or related to the use of the photograph; understands and agrees that these materials shall become the property of Ether Independent and will not be returned; hereby holds harmless and releases Ether Independent from all liability, petitions, and causes of action which the undersigned party, their heirs, representative, executors, administrators, or any other persons may make while acting on behalf of the undersigned party or on behalf of their estate.

Rehearsal Sites / Housing Sites

General Rules

Please remember that we are guests in the housing sites and schools that host us. It is important to treat all facilities with the utmost respect, at all times. Ether often rehearses at the same facilities multiple times, and we need to maintain good relationships with these facilities and their managers. This includes keeping food and drink out of designated areas and maintaining respect and consideration to the staff, students, and all other sponsors at every facility we enter or utilize in any form and leaving the facility in a cleaner condition than when we arrived.

You are NOT permitted to go exploring the facility or school grounds. When we reserve facilities, we are typically only allowed access to the specific rooms we requested or require. Do NOT approach school administration or staff about unlocking rooms. If you need a room unlocked for any reason, such as retrieving an item left behind, ask an Ether staff member for assistance.

Any equipment belonging to Ether, its staff, and participants must be returned to its appropriate place in advance of the end of rehearsal or departure from a site. There is no smoking or consumption of illicit drugs and/or alcoholic beverages in any of these facilities nor on the grounds of any facility with which we interact.

Sleeping

We are usually unable to provide more than one sleeping space for members to sleep. However, we will always divide the space and provide monitoring. When possible, two sleeping areas will be provided. Members may bring an air mattress, cot, sleeping bag, etc., but are prohibited from sharing sleeping gear. Any inappropriate or sexual interaction between any student(s) and/or staff members while on Ether trips, at rehearsals, shows, or at other Ether events is NOT permitted and is a violation of Ether policy. Any member found in violation of this policy is subject to disciplinary action, including dismissal from Ether.

Because the housing areas are typically public property, school staff, administrators, law officials, parents, etc. may have access to the sleeping area. As a result, these policies are designed to help strengthen these relationships by maintaining respect for the facility and its affiliates. Please keep your sleeping area neat, clean, and adhere to all Ether policies, at all times.

Clothing

All members MUST be appropriately clothed, including wearing a shirt, at all times, outside of the rehearsal setting. This includes, but is not limited to, during meal breaks, school clean up, and when walking through housing sites. This policy is enforced by Ether staff as a courtesy to our hosts. Clothing should be modest, not revealing, and should NOT contain offensive markings including, but not limited to, political affiliations, profanity or vulgarity, alcohol or drug imagery, nudity or sexually suggestive images, or anything otherwise reasonable considered offensive. If wearing a sports bra, only a modest sports bra with straps may be worn and the straps must always be worn. No strapless bra tops, tank tops, or other strapless shirts are permitted. Occasional adjustments to this policy may be made at the discretion of the Executive Director.

Cell Phone Policy

Members are allowed to carry cell phones and may use them, except during a rehearsal or performance time. Violations of this policy may result in confiscation of the cell phone, to be returned only when the administrative or instructional staff believes the member is willing to follow the above policy. 

This policy is not meant to be punitive but rather a necessity for the success of the organization as it is unfair and disrespectful to distract or interrupt other Ether members during rehearsals or performances. Ether staff reserve the right to change or adapt this policy at any time and each unit or section may choose to implement its own policy. In this regard, cell phones are always available in the event of an emergency.

Language

Profane language is not acceptable under any circumstance and should NEVER to be used around members or participants, band directors or school administration, volunteers, parents or guardians, fans or supporters, sponsors, or anyone else inside or outside of the organization while you are representing Ether. This policy includes forbidding the use of profane language online to include, but not limited to, email, Facebook, Instagram, Twitter, Reddit, TikTok, and other social media platforms, etc., when representing our program and its affiliates. Please keep in mind that we are a professional organization, and we require professional conduct, at all times, in all places, to avoid disrespecting other people, which will NOT be tolerated.

Discrimination Policy

Ether has a zero-tolerance policy for discrimination based  on national origin, genetic information (including family medical history), race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), disability, or age. Ether will provide reasonable accommodations to members and staff who need them for medical or religious reasons, as required by law. Furthermore, we have adopted and abide to the law as outlined by the Equal Employment Opportunity Commission (EEOC). For more information, you can review the EEOC’s explanation and protection against discrimination online:  https://www.eeoc.gov/discrimination-type.

Anyone found in violation of Ether Discrimination Policy is subject to disciplinary action including, but not limited to, suspension and/or dismissal from the organization and/or notification to law enforcement or school administration. This Discrimination Policy is nonnegotiable.

Smoking, Vaping, Alcohol, and Drugs Policy 

  • Smoking or vaping is illegal on school grounds by state law. There is no smoking or vaping on school grounds at any time.
  • The possession, consumption, display and/or distribution of alcohol is illegal on school grounds. Possession, consumption, display and/or distribution of alcohol at rehearsal and show sites is strictly prohibited. Members are NOT allowed to attend rehearsal or be present at the rehearsal or show site if they have consumed or intend to distribute alcohol during their participation at or immediately prior to an Ether event; this includes consumption and/or distribution during breaks or meals.
  • The possession, use, or distribution of alcohol or illicit drugs including, but not limited to, steroids, stimulants, depressants, narcotics, hallucinogens, or prescription pills is strictly prohibited, with the exception of prescription medication currently prescribed to you and being taken as prescribed. Members are NOT allowed be present at a rehearsal, show, or facility if they have partaken drugs or intend to partake in drug related activity during or immediately prior to their attendance at an Ether event.
  • At no point should any Ether member endorse or contribute to the use of any prohibited substance with other members or participants of Ether.
  • Additionally, smoking, vaping, drinking, or partaking drugs in public, while wearing Ether representation (jacket, shirts, badges, etc.) or representing Ether, is against Ether policy.

Ether maintains a strict policy on smoking for both our members and staff. Smoking, vaping, and all tobacco products are ILLEGAL on school grounds in the United States, and therefore members may not smoke anywhere on campus. Any member under the age of 21 will NOT smoke, vape, or consume tobacco products regardless of location. Members also may not smoke while in uniform, wearing Ether member jackets, or other products with the Ether name or logo, and any other instances in which they represent the organization.

Members under the age of 21 are NOT allowed to drink, as this is a violation of the law. Alcohol is PROHIBITED on school grounds and at any Ether sanctioned event. This includes, but is not limited to, rehearsals, performances, and in any hotels or housing sites while on Ether trips or attendance of Ether events. The entire season could be defeated by one bad decision.

Ether fully abides by federal and state laws within the United States relative to the use of chemical substances. Ether opposes the non-medical use of any illicit drugs by any members or staff and PROHIBITS the use of illicit substances by everyone involved within the organization.

If you are found to be violating any of these policies, or local school or law policies, by school administration or staff, law enforcement officials, or Ether staff, contractors, or volunteers, you acknowledge that Ether is not responsible for any disciplinary action or fines that may result from the breaking of the law and hold harmless Ether and its affiliate for such violations.

Ether’s policy on smoking, vaping, alcohol, and drugs is in place for each rehearsal weekend beginning Friday evening and finishing at the close of rehearsal on Sunday, as well as from your point of arrival at each event through your departure from each event. You also acknowledge and agree that you will NOT arrive to a rehearsal, show, or event in an inebriated, intoxicated, or otherwise influenced state.

In the event this policy is violated, you will be notified and disciplined, and there could be a possible or immediate suspension or termination of your contract. If the violation is deemed serious enough, the proper authorities will be notified. Ether staff reserves the right to dismiss any member in violation of this policy. In this event, the member is responsible for their transportation home and for paying all outstanding member dues. Ultimate authority over this policy is left to the discretion of the Ether Executive Director and Board of Directors. Please note that this policy can be modified, if necessary, within the boundaries of United States Law, at any point.

Sexual Harassment Policy

General

Ether has adopted the Equal Employment Opportunity Commission’s (EEOC) definition of sexual harassment. Repeated unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature are considered sexual harassment when:

  • Submission to such conduct is made either directly or indirectly as a term or condition of employment or participation; or
  • Submission to or rejection of such conduct is used as the basis for employment or participation decisions that affect an employee, volunteer, or participant; or
  • Such conduct has the purpose or the effect of unreasonably interfering with an employee’s, volunteer’s, or participant’s routine performance or creating an intimidating, hostile, or offensive working environment.

The following are SOME examples of conduct, which are considered sexual harassment and therefore prohibited by this policy:

  • Repeated, unwelcome, or offensive sexual flirtations, advances, or propositions.
  • Continued or repeated verbal abuse of sexual nature.
  • Continued or repeated graphic verbal commentaries about a person’s body.
  • Display of sexually suggestive objects, pictures, gestures, or activity.
  • Continued or repeated suggestive sexual comments or remarks.
  • Continued or repeated insults, humor, or jokes about a person’s sex or gender, or traits relating to sex or gender, including, but not limited to, sexual orientation or gender identity.
  • Continued or repeated touching, pinching, brushing, or other contact with person’s body.
  • Any sexual flirtations, advances, or propositions with an underage person by a legal adult.

Sexual harassment does not refer to occasional, socially acceptable compliments. It refers to behavior that is unwelcome, personally offensive, or sufficiently severe or repeated that it alters the conditions of employment or participation and creates an abusive working environment. For more information, you can review the EEOC’s explanation and protection against sexual harassment online: https://www.eeoc.gov/sexual-harassment.

Any member, employee, volunteer, student, sponsor, or other affiliate of Ether knowingly violating this policy will be notified and disciplined, and there could be a possible or immediate suspension or termination of contract. If the violation is deemed serious enough, the proper authorities will be notified. This Sexual Harassment Policy is nonnegotiable.

Staff / Member Relations Policy

Maintaining respect between staff and members is central to the mission of Ether. Non-professional interactions between staff (teacher, contractor, volunteer, or sponsor, etc.) and members (students, Ether member or participant) are NOT permitted. Ether prohibits any sexual relations between staff and members including consensual sexual interactions between staff and a member; any sexual interactions between staff and members are inappropriate and will NOT be tolerated. Prohibited interactions include, but is not limited to, inappropriate physical contact, and non-professional or inappropriate verbal or written communications. Ether encourages all staff to have another staff person present when meeting with a member privately. Refer to the section WGI Policies for additional policy information.

Any staff or member knowingly violating this policy is subject to disciplinary action, which may include reprimand, suspension, or dismissal. 

If by some account, an Ether member is in a sexual or romantic relationship with an Ether staff member prior to the start of the current season, signing of staff, or member contracts, it must be put in writing and kept on record. No new relationship should be formed during a season between staff and a member; should a relationship between staff and a member end during the current season or while under contract, the parties are prohibited from resuming the relationship during the season. This Staff / Member Relations Policy is nonnegotiable.

Hazing Policy

Hazing is against state law. Hazing is also against Ether’s policy. Hazing is the imposition of strenuous, often humiliating, tasks as part of an initiation into a program and inflicts or intends to cause physical or mental harm, which may demean, degrade, or disgrace any person, regardless of location, intent, or consent of participants. Hazing can also be defined as any action or situation that intentionally or unintentionally endangers a student seeking admission into or affiliation with an organization. Hazing, by any individual, and failure to report hazing are misdemeanors in the state of Texas, and violators can be prosecuted to the full extent of the law, which may include fines, imprisonment, and community service and may receive disciplinary action from Ether including possible dismissal from the organization. Ether and its affiliates are not liable for any consequences of staff or members participating in hazing in any form including fines or legal costs, imprisonment, or other repercussions. This Hazing Policy is nonnegotiable.

Reporting Incidents

It is your responsibility to report any and all violations of Ether policy mentioned in this contract including, but not limited to, Language Policy, Smoking, Vaping, Alcohol, and Drugs Policy, Sexual Harassment Policy, Staff / Member Relations Policy, and Hazing Policy, as well as any illegal or unethical activity. It is required of Ether member to immediately respond to any violation of policy and/or to prevent violation of policy when safely possible. The procedure for reporting of incidents is to notify the Executive Director. In the event of the absence of the Executive Director, please report to another member of the Board of Directors or staff member. The Ether Board of Directors is to be notified immediately by the staff being informed of the incident and an urgent meeting is to be called to order. Appropriate and immediate action will be taken based on the details of the incident and could include, but is not limited to, suspension, termination of contract, and/or notification to school administration,  law enforcement, the Texas Color Guard Circuit, and/or Winter Guard International.

Members who become aware of an incident that violates Ether policy and/or an incident involving illegal or unethical behavior but fails to report the incident in a timely manner may become considered a participant in the incident, which may result in discipline including, but not limited to, suspension, termination of contract, and/or notification to law enforcement or school administration.

Anyone found in violation of Ether policy is subject to disciplinary action including, but not limited to, suspension and/or dismissal from the organization and/or notification to law enforcement or school administration. No refund for tuition is given to members in violation of Ether policies and any violator remains financially responsible for any remainder of member dues.

Members will not be punished for reporting incidents, participating in an investigation, or for opposing or trying to prevent or stop violations of our policies. We protect the confidentiality of members who report violations of policy or who participate in an investigation, to the greatest possible extent.

Please understand that your rights for reporting incidents are additionally protected by both Winter Guard International and Texas Color Guard Circuit as outlined in the following supplemental documents from each group. For more information, you can review the EEOC’s explanation and protection against sexual harassment online:

  1. Winter Guard International (WGI) Participant Protection Reporting Policy
    https://wgi.org/participant-protection-reporting-policy/
  2. Winter Guard International (WGI) Participant Protection Reporting Form
    https://wgi.org/about-wgi/participant-protection-reporting-form/
  3. Texas Color Guard Circuit Participant Protection Reporting Policy
    https://vault.compsuite.io/45/a3739075c2314333b40da9c9e1b1e900/TCGCParticipantProtectionReportingPolicy.pdf

Conclusion

The administration of Ether is committed to providing our members with the best experience possible. Our philosophy is based on being a quality and professional organization in all aspects. We appreciate your commitment to our organization and to the other members.

Please use this handbook to guide you through the season and answer questions you may have regarding our program. There is a lot of information in this handbook that is required for you to remember, understand, and act on. Please familiarize yourself with the material regularly so you are adept in the Ether.

Our website contains additional links and information for reference purposes. You can also find more details about our activity on the Winter Guard International website at www.wgi.org and on the Texas Color Guard Circuit website at https://www.texascolorguardcircuit.org. Should you have concerns or questions regarding the contents in this agreement or something that may not be covered herein, please reach out to us for discussion.

By signing this agreement, you acknowledge that you have received a complete copy of this handbook and have read, understand, and agree to be bound by the policies and terms and conditions as outlined in this Member Handbook & Policies contract, in addition to the following supplemental Policies as defined by the EEOC, US Center for SafeSport, WGI, and TCGC:

  1. Equal Employment Opportunity Commission (EEOC): Discrimination
    https://www.eeoc.gov/discrimination-type
  2. Equal Employment Opportunity Commission (EEOC): Sexual Harassment
    https://www.eeoc.gov/sexual-harassment
  3. US Center for SafeSport: SafeSport Code
    https://uscenterforsafesport.org/wp-content/uploads/2023/09/2023-SafeSport-Code.pdf
  4. Winter Guard International (WGI): Code of Conduct for Participating Groups
    https://wgi.org/wp-content/uploads/2020/06/WGI-Code-of-Conduct-Groups.pdf
  5. Winter Guard International (WGI): Code of Conduct for Personnel
    https://wgi.org/wp-content/uploads/2020/06/WGI-Code-of-Conduct-Personnel.pdf
  6. Winter Guard International (WGI): Participant Abuse Prevention Policy (PAPP)
    https://wgi.org/papp/
  7. Winter Guard International (WGI): Participant Protection Reporting Policy
    https://wgi.org/participant-protection-reporting-policy/
  8. Winter Guard International (WGI): Participant Protection Reporting Form
    https://wgi.org/about-wgi/participant-protection-reporting-form/
  9. Texas Color Guard Circuit (TCGC): Code of Conduct for Participating Groups
    https://vault.compsuite.io/45/8448b579c2a64df39f11411a5a1ff374/TCGCCodeofConductforParticipatingGroups.pdf
  10. Texas Color Guard Circuit (TCGC): Code of Conduct for Personnel
    https://vault.compsuite.io/45/b06015d14a3e40328b59fad5eb177c5d/TCGCCodeofConductforPersonnel.pdf
  11. Texas Color Guard Circuit (TCGC): Participant Protection Reporting Policy
    https://vault.compsuite.io/45/a3739075c2314333b40da9c9e1b1e900/TCGCParticipantProtectionReportingPolicy.pdf