Sexual Misconduct Policy | All Hands & Hearts

Purpose of this document

The purpose of this policy is to set a clear standard for those included in the scope of this policy, regarding their obligations to treat all people with respect and to actively prevent all forms of sexual harassment, exploitation, and abuse.

Policy Statement

All Hands & Hearts places human dignity at the center of our work with communities impacted by natural disasters. We recognize the importance of organizational culture and accountability in creating a safe and supportive organization for our team members, volunteers, board members, interns, visitors, consultants, contractors, vendors and the communities with whom we work. We believe all people have a right to live their lives free from sexual harassment, exploitation, and abuse (SHEA).

All Hands & Hearts will not tolerate any form of sexual misconduct. We commit to investigate claims of sexual misconduct and will treat each case with the utmost importance, confidentiality and discretion.

The policy does not create or replace any existing legal protections for employees, volunteers or community members which may exist under state, federal or international laws, nor create legal standards, but instead is presented to show the standards and processes by which All Hands & Hearts will strive to protect our constituents.

Scope of Policy

This policy applies to all All Hands & Hearts team members, volunteers, and related personnel. Related personnel includes board members, interns, visitors, consultants, contractors, and vendors.

This policy applies during, and outside of, normal work hours.

Definition of Terms in this Policy

Sexual Misconduct describes a wide range of behaviors. This can be from more subtle and lower-level boundary violations to sexual assault. Sexual misconduct may occur inside or outside work sites and work hours, including during official travel or social functions. Sexual misconduct may be perpetrated by any colleague, supervisor, peer, subordinate, volunteer or community members and may occur between persons of the same or different genders.

Retaliation against any person who reports sexual harassment, gender-based harassment, or sexual violence, assists someone making such a report, or participates in any manner in an investigation or resolution of a sexual harassment, gender-based harassment, or sexual violence report.

Sexual abuse is the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. All sexual activity with a child, defined as a person under the age of 18 years, is considered sexual abuse.

Sexual exploitation is any actual, attempted, or threatened abuse of a position of vulnerability, differential power, or trust for sexual purposes, including but not limited to, profiting monetarily, socially, or politically from sexually manipulating or taking advantage of another person.

Sexual harassment includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic, and electronic communications or physical conduct that is sufficiently severe and pervasive to adversely affect an individual’s participation in our community.

Sexual violence is an umbrella term that includes:

sexual activity without affirmative consent, such as sexual assault, rape/attempted rape, and forcible touching/fondling
dating, domestic and intimate partner violence
stalking and cyberstalking

Survivor or victim is a person who is, or has been, sexually exploited, abused, harassed, or experienced other harm by a representative. “Survivor” is generally preferred in the psychological and social support sectors because it implies resilience. “Victim” is a term often used in the legal and medical sectors. This document primarily uses the term “survivor”. In the case of children, the term “victim” will always be used.

Objectives

Outline our commitments to our team members, volunteers, board members, interns, visitors, consultants, contractors, vendors and community members concerning sexual misconduct.
Define behaviors that constitute sexual misconduct.
Provide guidelines on how to report incidents of sexual misconduct.
Explain how reports will be handled.
Improve transparency around sexual misconduct within the organization.

Commitments

AH&H will not tolerate any form of sexual misconduct. We commit to investigate claims of sexual misconduct in a timely manner and with discretion and respect
We will treat each case with the utmost importance, confidentiality, discretion, and respect. We will maintain privacy and confidentiality to the greatest degree possible, only sharing information with those who have a need to know.
We will provide clear guidelines for team members, volunteers, and related personnel to report incidents of sexual misconduct and sex- or gender-based harassment, and take swift and appropriate disciplinary action with any team members, volunteers, or related personnel who are found to be in breach of this policy
We will endeavor to provide assistance, resources, and support to survivors of sexual misconduct, including access to trusted family members, professional mental health resources, and local law enforcement.
All team members will be required to take awareness, prevention, and response training on sexual misconduct upon hire and annually thereafter.
We will conduct risk assessments at our program sites to identify areas of safeguarding risk, related to health, wellbeing, and safety, and take steps to remove or reduce those risks where feasible.
This policy will be shared with team members and related personnel during onboarding, and again on an annual basis. A printed copy will be made available on each program. It will also be posted on the AH&H portal.
All team members, volunteers, and board members will sign a statement indicating awareness and understanding of this policy.
We will review this policy at least every two years, and we will incorporate lessons learned, as appropriate.

Prohibited Behavior: Sexual Misconduct

All Hands & Hearts prohibits and does not tolerate any team members, volunteers, and related personnel, including board members, interns, visitors, consultants, contractors, and vendors engaging in sexual harassment, exploitation, or abuse, with those terms defined as follows (and hereinafter referred to as “sexual misconduct“).

Sexual misconduct describes a range of boundary violations that can be both criminal (i.e., violating state, federal, or international laws), and non-criminal. Specific examples of sexual misconduct include, but are not limited to:

Unwelcome physical conduct, such as unwelcome touching non-intimate body parts, massaging, blocking or impeding normal movement, or staring;
Making or displaying sexual drawings or photos, demonstrating sexually suggestive gestures;
Taking and/or sharing sexual photos or imagery through texting, social media, or other online platforms;
Taking or disseminating sexual photos of another person without their consent
Unwelcome verbal conduct such as repeated requests for dates or comments of a sexual or romantic nature about a person (does not have to be the person the comments are directed towards), including comments about their body, clothing, relationships, or sexuality;
Unwelcome comments and statements of a sexual nature, such as slurs, jokes, insults, cursing language;
Any form of a sexual proposition, where something of value is suggested in exchange for sexual acts or dates;
Pressure for dates or sexual acts in exchange for promotions, salary increases, keeping one’s job, or other job-related benefits;
Intentionally exposing one’s own intimate parts to others;
Stalking, which is an intentional conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear and can include repeated and menacing conduct. Examples include, but are not limited to, pursuing, following, giving unwanted gifts, surveilling, interfering with the safety of another or repeated, uninvited contacts via telephone or online communication.
Use of AH&H offices, vehicles, and work equipment, including computers, cell phones, office walls, and internet access for any sexual activity or for the purposes of viewing, recording, displaying, or disseminating material that is sexual in nature
All forms of sexual threat, assault, violence, rape, molestation without physical harm or penetration, and child exploitation and abuse

Sexual misconduct also includes the below prohibited behaviors:

Sexual harassment, which includes, but is not limited to, unwelcome romantic or sexual advances, requests for sexual favors, and other verbal or physical conduct of a romantic or sexual nature, where one of the following applies:

Quid Pro Quo: where submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment or volunteer assignment or reaction to such conduct by an individual is used as the basis for Employment or volunteer assignment decisions affecting such individual; or
Work and Volunteer Environment: where such conduct has the purpose or effect of interfering with an individual’s work or volunteer performance, violating or infringing on their dignity, or creating an intimidating, degrading, hostile, or offensive work environment.

Sexual exploitation is any actual, attempted, or threatened abuse of a position of vulnerability,
differential power, or trust for sexual purposes, including but not limited to, profiting
monetarily, socially, or politically from sexually manipulating or taking advantage of another
person.
Sexual abuse is the actual or threatened physical intrusion of a sexual nature, whether
by force or under unequal or coercive conditions. All sexual activity with a child, defined
as a person under the age of 18 years, is considered sexual abuse.

Other Prohibited Behavior

Respect for the survivor and their wishes is paramount. Discussing details related to a particular incident is never permitted, outside of the reporting and/or investigative process, except by the survivor themselves.

Retaliation against any person who reports sexual misconduct or gender-based harassment, sexual violence, assists someone making such a report, or participates in any manner in an investigation or resolution of a sexual misconduct or gender-based harassment report is prohibited.

Intimate or romantic relationships between team members or volunteers and members of
the host or community are considered sexual misconduct.

Intimate or romantic relationships between team members, or between team members and
volunteers, are prohibited unless an Intimate Relationship Agreement has been filed.

Individuals are not permitted to engage in sexual activity on base.

Confidentiality

All Hands & Hearts acknowledges and respects the courage and trust associated with reporting misconduct. To the extent possible, All Hands & Hearts will seek to maintain the confidentiality of reports, survivor/victim, reporter, witnesses, and subjects of reports, understanding confidentiality can be critical to safety/security, reputation, and well-being.
The general principle of confidentiality is such that the disclosure of the identity of reporters, witnesses, survivors, the subject of the report, and any others involved in an investigation, is restricted and is permitted only on an authorized or “need to know” basis..
It is important for all reporters to understand, however, that All Hands & Hearts may be legally mandated to follow up on certain reports (for example, with authorities in case of potential criminal offense or in connection with an internal investigation) and that strict confidentiality cannot always be guaranteed due to the organization’s obligation and commitment to report and investigate.
All Hands & Hearts team members, volunteers, and related personnel or others involved in an investigation (including the reporter, the subject of the report, the investigator(s), and anyone interviewed as a witness) have a duty to manage sensitive information in a manner that is respectful, professional, and that complies with applicable law, which may vary in international locations. Team members, volunteers, and related personnel must keep all information about any suspected or reported incidents strictly confidential and divulge information only to a designated investigator.
Failure to maintain confidentiality, except to those who have a need to know, is grounds for disciplinary action.

Reporting of Sexual Misconduct

A. Reporting Mechanisms

All Hands & Hearts acknowledges that the intersection of race, sex, gender, and other protected characteristics affects how individuals are impacted by and respond to sexual misconduct. These factors will be treated with sensitivity when handling reports and investigations. Even if an individual is not sure if what they experienced meets the definition of sexual misconduct as described in this policy, All Hands & Hearts still encourages them to reach out to one of the below options:
Reporters can:

speak to a Program Director, or other supervisor, in person and say they would like to make a report. The Program Director or other supervisor is able to offer immediate support to the reporter according to section VIII of this policy. The Program Director or other supervisor will advise the reporter that they must pass on the report to the HR department as above. This will be done immediately following the report being made. Program Directors and supervisors will simply take down the information provided to them and share that with HR without questioning, interviewing or investigating the report.
contact Claudia Thomas in the HR department, via report [email protected] or (+1) 203 939 3418 and say they would like to make a report. Absent special circumstances, Claudia or her designee will respond to reports, or requests to report, submitted by email or Whatsapp message outside of office hours (Eastern Standard Time) on the next business day. Claudia will take down the information provided an share with the reporter the plan for next steps. Typically this will involve arranging a time to speak in more detail, where questions would be asked to gain a full understanding of the situation. Questions would cover what happened, when it happened, where it happened, and who was involved.
submit a confidential report in Salesforce (team members can see instructional videos here). Absent special circumstances, reports submitted outside of office hours (Eastern Standard Time) will be reviewed on the next business day. Claudia or her designee will then reach out to the reporter to share the plan for next steps as above.
submit an anonymous report via this form. Anonymous reports will be treated as seriously as named reports, though the extent to which they can be investigated may be circumscribed by the anonymity.

Those receiving these reports will maintain privacy and confidentiality to the greatest extent possible, sharing the details of the incident only with those who have a legitimate need for the information and/or in order to facilitate a full and complete investigation.

B. Reporting Obligation

AH&H team members, volunteers, and related personnel who witness, suspect, hear rumors about, or receive a report, directly or indirectly, of a violation of this policy, are required to take prompt, appropriate action by immediately reporting the incident. Reporting mechanisms can be found in section A above.

It is not the responsibility of team members, volunteers, and related personnel to determine the veracity of the claims or what happened, as this can only be determined through subsequent conversations and/or an investigation conducted by Human Resources or their designee. This ensures that all reports receive a fair, equitable, and unbiased review.

Team members, volunteers, and related personnel should report all incidents of sexual misconduct that they learn of, regardless of whether local law enforcement has been notified. These reports and information gathered during any subsequent investigation allow us to take action where appropriate and to keep our team members, volunteers, and related personnel safe.

C. Amnesty

Team members, volunteers, and related personnel are required to promptly report all instancesof sexual misconduct that they learn of, even if those reporting or the survivor may have engaged in the inappropriate or unlawful use of alcohol or drugs, or the violation of curfew or COVID policies. An individual acting in good faith who reports or experiences sexual misconduct will not be disciplined by All Hands & Hearts for violations of the Code of Conduct in connection with the reported incident.

D. Anonymous reports

Anonymous reports can be made via this form.
Team members, volunteers, and related personnel are required to promptly report all instances of sexual misconduct that they learn of to the Program Director, a supervisor, or HR. The identity of those involved must be included in this report, even if confidentiality is requested. The fact that a report is made anonymously does not automatically mean that it bears less substance than one in which the reporter identifies themselves and is prepared to give
evidence. It may indicate a fear of reprisal. As such, anonymous reports will be treated as seriously as named reports, though the extent to which they can be investigated may be circumscribed by the anonymity.

E. Third-party reports

Third-party reports are reports brought by someone other than the affected person. A report can be made by anyone who is concerned that an individual has engaged in sexual misconduct. The report does not have to be made by the affected person. Like anonymous reports, third-party reports will be taken seriously.

Support

A. Support to Survivors

The support All Hands & Hearts provides to survivors will be in line with global ethical guidelines for timely, confidential, survivor-centered care that is responsive to the survivor’s needs and preferences, while fulfilling the organizational duty of care to team members, volunteers, and related personnel, and those that we serve. All Hands & Hearts will seek to protect survivors from stigma, discrimination, retaliation, or other harmful consequences.

We are committed to supporting team members, volunteers, related personnel, and community members who are affected by sexual misconduct. Support may include specialist psychosocial counseling, a medical or legal referral, support to address security concerns, and/or access to other support, as needed and appropriate.

Support is available to survivors regardless of when they experienced the misconduct.

Members of the Response Team are able to offer to survivors the following resources:

Make changes to sleeping arrangements, work assignments, and other responsibilities, in order to ensure safety and comfort for those affected.
Provide time off for those affected, and for those involved in reporting and investigating incidents.
Prohibit contact by the accused perpetrator or escalation between those involved.
Information about these resources is also posted on all base locations, and is shared regularly in internal communications.
Provide support in obtaining medical, legal and other services.
Use organizational funds to cover necessary expenses related to accessing care, including but not limited to transportation, accommodation, and out-of-pocket medical costs
Provide assistance with filing a criminal report.

In the case when All Hands & Hearts or the reporter believe that an investigation could put the reporter, survivor, witnesses, or anyone else in danger, All Hands & Hearts will take reasonable steps to protect the safety and security of those at risk.

Accused offenders may be placed on administrative leave until an investigation is completed.

B. Survivor-Centered Approach

AH&H will support the victim of sexual misconduct in any reports to law enforcement, as desired, in addition to facilitating access to immediate medical and psycho-social support. Responses will vary based on who is accused to have committed the harassing behavior, but steps taken will always be taken in consultation with the survivor of the misconduct to limit any additional harm.

Response to Reports and Disclosures

All Hands & Hearts has zero tolerance for inaction on reports of sexual misconduct, which means all reports will be promptly assessed and either referred, investigated, or otherwise addressed as appropriate to the type of report raised.

Team members, volunteers, and related personnel are obligated to fully cooperate with an investigation. Reports will be investigated in a safe and confidential, timely, thorough, and professional manner.
The survivor will be provided with confidential updates on the status of the case.
Under no circumstances, should any All Hands & Hearts team members, volunteers, and related personnel assess or investigate a report or disclosure on their own, outside of standard reporting protocols, as defined in VII.A..

Non-Retaliation

Neither All Hands & Hearts nor its team members, volunteers, or related personnel will retaliate—in the form of an adverse employment action or harassment—against any individual reporting sexual misconduct or participating in an investigation. Any form of retaliation may result in disciplinary action up to and including termination.

Reports of retaliation should be made to Claudia Thomas in the HR department, via
[email protected] or (+1) 203 939 3418.

Sexual Misconduct Incident Response Team

Clear roles are established to facilitate the handling of reports of sexual misconduct and to ensure accountability:

Response Coordinator: The Chief Executive Officer has overall oversight responsibility for the sexual misconduct policy and related activities for AH&H. They will ensure organization-wide compliance and ensure that all reports are investigated according to established procedures, using a survivor-centered process, which includes keeping the survivor informed throughout the response process. They serve as an advisor to senior leadership and the response team members. They ensure that lessons learned are incorporated back into improving this policy as well as all procedures and practices.

Investigation Manager: The Director of People Development will be assigned to the role of Investigation Manager when a report is received. They will assume responsibility for the oversight and monitoring of the investigation. They are responsible for ensuring that the investigation is undertaken in accordance with the key investigation principles and with a survivor-centered approach. They will determine if there is sufficient internal capacity to conduct an investigation, or if an Independent Investigator will be used. The complexity of the case, safety considerations for internal team members, volunteers, and related personnel, and whether an unbiased investigation can be made by internal team members will be considerations in deciding whether to hire an independent investigator.

Investigator(s): Investigator(s) are charged with conducting a fair and impartial inquiry into the reported incident. The Investigation Manager will ensure that all investigators have the necessary training to undertake trauma-informed interviews, especially with vulnerable groups who have been sexually exploited and abused. The Investigator(s) determine whether or not the policy was violated and/or recommend the appropriate sanction. The Investigator(s) also make recommendations to address any weaknesses or gaps in preventing and responding to sexual misconduct that were discovered during the investigation. The recommendations will also note any concerns about possible retaliation against the survivor, witnesses, or others.

The role of Investigator will typically be assigned to the Director of People Development.

Focal Points: Beginning in FY23 Focal points will be assigned for headquarters and each program area. They will then serve as one of the reporting options for victims of sexual misconduct. Focal Points will be trained in receiving reports of sexual misconduct in a trauma-informed manner and assisting reporters in filing reports. They will also help victims in accessing victim support services.

Program Support Lead: The Program Support Lead works with the investigation manager to arrange non-local travel and accommodation, as needed.

Disciplinary Action

If the report is substantiated based on the investigation, immediate disciplinary action will take place. This may include:

Immediate exclusion/removal from base and AH&H team members
Immediate dismissal
Repatriation to country of origin
Suspension or termination of a partnership, relationship, engagement, or contractual agreement
Withdrawal of funding/support

Follow-up after investigation

The Investigation Manager will:

Update the human resources file of the subject of the report
Communicate the investigation outcome to the survivor
Inform the subject of report of the outcome
Inform the reporter and/or survivor that the investigation has been closed
Inform other team members, volunteers, and related personnel—not about specifics, but about process and commitments to upholding core values
Implements other recommendations to prevent further similar incidents from happening