How to use this policy
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About this policy
[Insert organization name] is dedicated to establishing and maintaining a secure and inclusive work environment for its entire workforce, ensuring freedom from discrimination and protection against workplace harassment, including sexual misconduct.
This policy contains directives to deter and address instances of sexual misconduct. This delineates unacceptable behaviors, describes the reporting mechanisms in place, and prioritizes support for victims.
Scope
This policy covers sexual misconduct at work and out of the workplace, such as on business trips, work-related events, or social functions. In addition, it covers sexual misconduct by staff (including consultants, contractors, and agency workers) and third parties such as customers, suppliers, or visitors to our premises.
This policy applies irrespective of the employeeβs ancestry, age, color, disability, genetic information, gender expression, gender identity, marital status, medical condition, military or veteran status, national origin, race, religion, reproductive health decision-making, sex/gender, sexual orientation or other protected characteristics.
Definition
Sexual misconduct is unwanted behavior of a sexual nature whether verbal or physical, (especially but not limited to an individual in a position of authority over the victim such as a board member, director, manager, or a senior colleague, etc.) whether a one-off incident or an ongoing pattern of behavior.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
Examples of Sexual Misconduct
Some more examples of conduct or behavior which constitute sexual misconduct include, but are not limited to:
PHYSICAL | VERBAL | OTHER FORMS |
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Note that harassing conduct may be perceived by the harasser as harmless or joking.
While our priority is education, prevention, and rehabilitation of harassers in cases where the conduct is not intentionally harassing, itβs important to understand that intent is not dispositive; what matters is how the conduct is received and understood by others.
Overt forms of sexual misconduct may be easier to identify, and are usually not tolerated in workplaces.
However, more subtle forms - like sexist remarks, crude language and an overall workplace culture that is degrading or intimidating - may be more difficult to identify and take seriously.
These can be just as harmful as more overt forms of sexual misconduct.
Strict Prohibition
Sexual misconduct is strictly prohibited by [Insert organization name], irrespective of whether it occurs on-premises or off, encompassing social gatherings, business trips, training sessions, or conferences sponsored by [Insert organization name].
Any individual, including but not limited to employees of [Insert organization name], clients, customers, temporary workers, contractors, or visitors, who engages in sexual misconduct towards another individual, shall be subject to disciplinary measures identified in this policy.
In the event that individuals representing contractors or vendors engage in acts of sexual misconduct directed towards employees, [Insert organization name] will take action with the affiliated organizations to ensure appropriate disciplinary measures are taken, to prevent future incidents, and/or to refrain from engaging the implicated individual in future endeavors.
Note that acts such as indecent exposure, stalking, sexual assault and obscene or threatening communications (e.g. phone calls, letters, emails, text messages and posts on social media) may be criminal offenses, which involved parties or [Insert organization name] may refer to the police or the relevant government authorities.
On Resolution
All instances of sexual misconduct must be addressed & resolved impartially, fairly, and promptly.
For general reporting & resolution steps, refer to the organizationβs Grievance Policy.
Reporting non-employee sexual misconduct
[Insert organization name] will provide multiple channels for employees to report sexual misconduct by non-employees.
Reports can be made anonymously, and the organization will maintain confidentiality to the fullest extent possible while ensuring an effective response to the report.
Upon receipt of a report, immediate measures will be taken to ensure the safety and well-being of the affected employee(s).
A prompt, thorough, and impartial investigation will be conducted. External investigators may be engaged as necessary.
The organization will provide support services to victims, including counseling and medical care if needed, and will assist with reporting to external authorities if desired.
Based on the findings of the investigation, appropriate actions will be taken against the non-employee found to have engaged in harassment, which may include banning them from the organization's premises, terminating contracts, or involving law enforcement.
On Retaliation
Retaliation refers to any adverse action taken against someone who has reported, in good faith, sexual misconduct or discrimination, or who has participated in any manner in an investigation or grievance process pursuant to this policy.
Retaliation is strictly forbidden by [Insert organization name] and, and personnel who are found to have engaged in retaliation will face consequences under this policy whether the underlying complaint is found to be with merit or not, so long as it was made in good faith.
[Insert organization name] is committed to ensuring that no individual faces any form of retaliation, and strictly forbids retaliation. For more details, see Harassment, Discrimination & Retaliation Policy.
On Whistleblowing
On disclosing information about sexual harassment within [Insert organization name] that requires communicating this information to relevant government authorities or to an external entity, see Whistleblower Policy.
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