On Governance
All organizations should have strict and explicit policies regarding handling sexual misconduct that are compliant with national and local laws.
Create the Grievance Policy
Create the Sexual Misconduct Policy
Create a general Harassment, Discrimination, & Retaliation Policy
Consult with legal services to review policies above
Ensure it complies with national, state, & local regulations
For US specific regulations, see this
For California state specific regulations, see this
For UK specific regulations, see this.
Ensure it complies with international laws (if applicable)
While there is currently no definitive set of guidelines that span across jurisdictions globally, if you are employing staff internationally (e.g. through EOR or directly as independent contractors, etc.), make sure your policies are adapted to comply with additional requirements if necessary.
For international frameworks & policies, see this.
Ensure that Grievance Policy, Sexual Misconduct Policy, & Harassment, Discrimination, & Retaliation Policy are: (a) read and understood by new staff; and (b) are regularly reviewed by current staff annually.
See On Staff Onboarding Practices and On Work Environment for dissemination areas.
Conduct annual reviews of policies and prevention efforts
Consider the action items for holding an annual review in Guidance for Performing Annual Review of Policies.
Implement updated policies and procedures as needed after annual review
This is to address new or recurring issues, including those specifically addressing sexual misconduct.
On Staff Onboarding Practices (Optional Best Practice)
All organization staff should be aware that sexual misconduct is not tolerated, and be aware of formal & informal channels for communicating complaints.
Create a staff handbook
Create a functional onboarding process for staff.
Ensure that the Grievance Policy and the Sexual Misconduct Policy are in the Staff Handbook
Ensure that these policies are discussed with incoming staff during the Staff Onboarding Process
Require all new staff to confirm they have read and understood the employee handbook (and by extension, the Grievance and Sexual Misconduct policies)
[For California-based organizations with 5 or more staff]
Provide training regarding sexual misconduct to all employees
IMPORTANT: The staff count includes independent contractors, unpaid interns, volunteers, etc. - however, only the employees are required to receive training.
Training needs to be provided within 6 months of the employee assuming their role.
Trainers need to be qualified to create harassment courses, provide in-person training, and answer questions pertaining to the subject matter (e.g. lawyers proficient in employment law, human resources professional or consultant, or a subject matter expert with 2+ years of practical experience.). There are also formatting and content requirements that California trainings must comply with.
Resources for Training
Refer to this resource for a good practice on training: Implementing Your Internal Sexual Harassment Compliance Training Program
Note that you can find compliant training programs already: California Civil Rights Department for free online training that complies with requirements as well as provides training certificates of completion.
Ensure that you have your staff certificates of completion regarding the training stored for documentation.
Distribute the CRD Sexual Harassment Poster to all incoming staff.
Distribute the CRD Discrimination & Harassment Poster to all incoming staff.
On Work Environment & Culture
The organization’s work environment should actively uphold a culture of respect, with regular communication of the non-tolerance and prohibition of sexual misconduct.
Require all active staff to confirm in writing that they have reviewed the employee handbook (and by extension, the Grievance Policy, Sexual Misconduct Policy, and the Harassment, Discrimination, & Retaliation Policy) on an annual basis.
Conduct anonymous surveys on a regular basis to determine whether sexual misconduct is occurring.
[For California-based organizations with 5 or more staff]
Provide renewed training on sexual misconduct prevention, if required.
IMPORTANT: Supervisory staff need 2 hours retraining every 2 years. Non-supervisory staff need 1 hour retraining every 2 years.
Ensure that training records are updated and kept for two (2) years at minimum.
(i) the names of the employees trained, (ii) the date of training, (iii) the sign-in sheet, (iv) a copy of all certificates of attendance or completion, (v) the type of training, (vi) a copy of all written or recorded materials that comprise the training, (vii) and the name of the training provider.
On Leadership
Organization leadership should be accountable both for upholding the prohibition of sexual misconduct and for serving as good examples of appropriate conduct.
Identify & designate people/roles responsible for handling sexual misconduct cases in the organization.
See Grievance Policy for information regarding identifying and assigning responsible personnel.
Ensuring all board members, management, & supervisors receive training on sexual misconduct prevention.
See On Work Environment & Culture for information regarding training.
Ensure that all board members, management, & supervisors understand their responsibilities with regards to handling sexual misconduct.
Require all board members to sign the Board Members Code of Conduct.
Require all board members, management, & supervisors to action reports on sexual harassment timely. See Grievance Policy.
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