|Motion:||INTERNAL RULES OF PROCEDURE|
|Proposer:||FYEG Executive Committee (decided on: 07/14/2019)|
B1-837-3 to INTERNAL RULES OF PROCEDURE
Insert after line 837:
7.4.2 Anti sexual harassment protocol
FYEG has a zero-tolerance policy on sexual harassment at all its events, within all its structures and during all activities. This protocol is applicable for those participating in an FYEG activity (General Assembly, Strategic Planning Committee, Working Group Meeting or any other activity), members of a Member Organization (MO), or members of an online structure of FYEG, referred to as “this organization” from now onwards in this protocol.
Anyone who is subject to sexual harassment can approach one of the designated contact points responsible for receiving complaints of sexual harassment. The Executive Committee will designate an Awareness Group for anyone presenting allegations of physical, verbal or online sexual harassment. In accordance with the IRPs, the Awareness Group will be formed by two persons from the EC who are of different genders. Additionally, every Prep - Team will designate one person to be an independent contact person in our projects. However, this person shall always inform the official contact points if a procedure starts, in the case of their absence, the main contact will be the Project Manager.
When one of these procedures is open in the organization, the EC as a whole must be informed of the procedure without details of the people involved or the presented allegations to respect confidentiality. If a case involves someone from the EC, the case will be brought to the Advisory Committee (AC). The Advisory Committee will act as contact points when a case arises, following this protocol. However, the EC will not be informed until a final decision is made.
These procedures will follow general principles such as the privacy of the survivor, confidentiality of the process and survivor’s choice and preference. We respect the presumption of innocence of any alleged harasser which is why this procedure is in place and has been approved in the General Assembly. However, as a feminist organization, we also believe in the principle of believing the survivor and putting the burden of the proof on the alleged harasser.
This procedure might be applied to an internal case of a MO if this case is related to FYEG activity or if the people involved take part in any FYEG structure. However, we will not be able to extend sanctions or disciplinary measures beyond FYEG. MOs can however adapt this protocol to their own organization.
When the designated people receive a complaint of sexual harassment, they shall:
1. Immediately record the dates, times and facts of the incident(s);
2. ascertain the views of the survivor as to what outcome they want, ensure the survivor feels safe and ensure the survivor is separated from the alleged offender unless the survivor wishes otherwise;
3. ensure that the survivor and the alleged harasser understands FYEG protocol for dealing with the complaint;
4. discuss and agree the next steps with the alleged survivor, informal, formal or outside complaints procedure (police, hospital, embassy, etc.), on the understanding that choosing to resolve the matter informally does not preclude the survivor from pursuing a formal complaint if they are not satisfied with the outcome;
5. keep a confidential record of all discussions. Records will be destroyed if the alleged survivor requests it, or before the change to a new EC. However, a record of sanctions and a brief description of the reason will be kept in a safe place;
6. respect the choice of the survivor;
7. and ensure that the survivor knows that they can lodge the complaint outside of FYEG through the relevant country/legal framework.
INFORMAL COMPLAINTS PROCEDURE
If the survivor wishes to deal with the matter informally, the designated person will:
• Approach the alleged harasser saying that the behaviour is offensive, unwelcome and must be stopped;
• Inform the harasser that FYEG has a zero tolerance policy on sexual harassment and that disregarding this policy may result in the person’s exclusion from the organization
• give an opportunity to the alleged harasser to respond to the complaint;
• ensure that the alleged harasser understands the complaints mechanism;
• facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, provided the alleged survivor agrees,
• ensure that a confidential record is kept of what happened;
• follow up after the outcome of the complaints mechanism to ensure that the behaviour has stopped and that there is no risk of its repetition;
• And ensure that the above is done accurately and at the latest within 10 days of the complaint being made. During events, the procedure shall take place within 48 hours.
FORMAL COMPLAINTS PROCEDURES
If the survivor wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the survivor, the formal complaint mechanism should be used to resolve the matter.
The designated person who initially received the complaint will communicate to the rest of contact points the opening of a formal complaint procedure. The EC will be informed of this, respecting the confidentiality of the alleged survivor and the allegations. The designated person who initially received the complaint will carry out the investigation with the assistance of the Awareness Group and the independent contact person at the moment in which allegations were presented, if any. They will help the investigator with the analysis and decision making process. A procedure for online harassment shall be developed.
The person carrying out the investigation will:
• interview the survivor and the alleged harasser separately
• interview other relevant third parties separately
• decide whether the incident qualifies as sexual harassment within the meaning of this protocol
• produce a report detailing the investigations, findings and any recommendations
• if the harassment took place, decide what the appropriate remedy for the survivor is, in consultation with the survivor (i.e. an apology, a change of structure, suspension..,)
• follow up to ensure that the recommendations are implemented, that the behaviour has stopped and that the survivor is satisfied with the outcome
• if it cannot determine that the harassment took place, they may still make recommendations to ensure proper functioning of the organization
• keep a record of all actions taken
• ensure that all records concerning the matter are kept confidential
• ensure that the process is done as quickly as possible and in any event within 15 days of the complaint being made
The general rule is to avoid the presence of the alleged harasser in those places/structures in which the alleged survivor moves. It is vital that the wishes and needs of the survivors are incorporated into the outcome of the complaints mechanism.
A data protection protocol will be developed.
OUTSIDE COMPLAINT MECHANISM
This protocol seeks to create a fast and appropriate response to allegations of sexual harassment. However, it does not seek to substitute existing regulation and legislation on this issue. We want to make clear that FYEG wants to be fully supportive with every decision of the alleged survivor.
A person who has been subject to sexual harassment can at any time make a complaint outside of the organization. Even though this organization cannot offer legal advice, the contact point(s) will accompany the person to the instance this person prefers (hospital, police, ombudsperson, law courts, embassies, etc.) if they request it.
SANCTIONS AND DISCIPLINARY MEASURES
Anyone who has been found to have sexually harassed another person under the terms of this policy may be sanctioned. Sanctions may include but are not limited to one of the following :
• Verbal or written warning
• Suspension from an elected or non-elected FYEG structure, in line with FYEG IRPs when appropriate
Depending on the seriousness of the allegations, the EC, upon request of the Awareness Group may suspend someone from taking part in any FYEG structure or activity during the duration of the process. Confidentiality of the survivor will be maintained.
In case of sexual harassment, violence or discrimination by a member of an elected body within FYEG (Financial Control Committee, Advisory Committee or Ecosprinter Board) the EC can exclude the offender after consulting the full MOs. (cf. 2.2.2). If the case arises within the EC, the Advisory Committee can exclude the offender after consulting the full MOs.
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.