Harrassment Policy
Samba do Mar Humboldt (DreamMaker Program of the Ink People) is committed to providing a safe environment free from discrimination on any ground and from harassment at work including sexual harassment.
Samba do Mar Humboldt (DreamMaker Program of the Ink People) will operate a zero tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment or partnership.
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All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be victimized for making such a complaint.
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Definition of sexual harassment in a workplace
Sexual harassment is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations which create an environment which is hostile, intimidating or humiliating for the recipient.
Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:
Physical sexual conduct
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Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
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Physical violence, including sexual assault
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Physical contact, e.g. touching, pinching
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The use of job-related threats or rewards to solicit sexual favors
Verbal sexual conduct
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Comments on a worker’s appearance, age, private life, etc.
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Sexual comments, stories and jokes
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Sexual advances
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Repeated and unwanted social invitations for dates or physical intimacy
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Insults based on the sex of the worker
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Condescending or paternalistic remarks
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Sending sexually explicit messages (by phone or by email)
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Non-verbal sexual conduct
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Display of sexually explicit or suggestive material
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Sexually-suggestive gestures
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Whistling
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Leering
Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. Samba do Mar Humboldt (DreamMaker Program of the Ink People) recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.
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Samba do Mar Humboldt (DreamMaker Program of the Ink People) recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee.
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Anyone, including Board and Administrative Team Members of Samba do Mar Humboldt (DreamMaker Program of the Ink People), clients, students, Performance Team members, casual workers, contractors or visitors who sexually harass another will be reprimanded in accordance with this internal policy.
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All sexual harassment is prohibited whether it takes place within Samba do Mar Humboldt (DreamMaker Program of the Ink People) premises or outside, including at social events, organization trips, or workshops sponsored by Samba do Mar Humboldt (DreamMaker Program of the Ink People).
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Sexual Harassment Complaint Procedures
Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome.Samba do Mar Humboldt (DreamMaker Program of the Ink People) recognizes that sexual harassment may occur in unequal relationships (i.e. between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser.
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If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated Board or Administrative Team Members responsible for receiving complaints of sexual harassment.
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When a designated person receives a complaint of sexual harassment, he/she will:
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immediately record the dates, times and facts of the incident(s)
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ascertain the views of the victim as to what outcome he/she wants
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ensure that the victim understands the organization’s procedures for dealing with the complaint
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discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
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keep a confidential record of all discussions
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respect the choice of the victim
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ensure that the victim knows that they can lodge the complaint outside of the organization through the relevant country/legal framework
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Samba do Mar Humboldt (DreamMaker Program of the Ink People) recognizes that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. Samba do Mar Humboldt (DreamMaker Program of the Ink People) understands the need to support victims in making complaints.
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Informal Complaint Process
If the victim wishes to deal with the matter informally, the designated person will:
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give an opportunity to the alleged harasser to respond to the complaint
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ensure that the alleged harasser understands the complaints mechanism
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facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the organization to resolve the matter
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ensure that a confidential record is kept of what happens
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follow up after the outcome of the complaints mechanism to ensure that the behavior has stopped
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ensure that the above is done speedily and within […] days of the complaint being made
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Formal Complaint Procedures
If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter.
The designated person who initially received the complaint will refer the matter to a designated senior leader for Samba do Mar Humboldt (DreamMaker Program of the Ink People) or a designated staff person to initiate a formal investigation. The designated leader/ staff may deal with the matter him/herself, and refer the matter to an internal or external investigator.
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The person carrying out the sexual harassment investigation will:
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interview the victim and the alleged harasser separately
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interview other relevant third parties separately
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decide whether or not the incident(s) of sexual harassment took place
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produce a report detailing the investigations, findings and any recommendations
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if the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e. an apology, a change to working arrangements, a promotion if the victim was demoted as a result of the harassment, training for the harasser, discipline, suspension, dismissal)
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follow up to ensure that the recommendations are implemented, that the behavior has stopped and that the victim is satisfied with the outcome
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if it cannot determine that the harassment took place, he/she may still make recommendations to ensure proper functioning of the workplace
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keep a record of all actions taken
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ensure that the all records concerning the matter are kept confidential
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ensure that the process is done as quickly as possible and in any event within […] days of the complaint being made
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Outside sexual harassment complaints mechanisms
A person who has been subject to sexual harassment can also make a complaint outside of the organization. They can do so through community resources or the legal framework.
Disciplinary Actions
Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:
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verbal or written warning
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adverse performance evaluation
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reduction in wages
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transfer
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demotion
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suspension
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dismissal
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.
Implementation of this Policy
Samba do Mar Humboldt (DreamMaker Program of the Ink People) will ensure that this policy is widely disseminated to all relevant persons. All Board and new Administrative Team Members must be trained on the content of this policy as part of their induction into the organization.
Every year, BrasArte’s teachers, administrative team members, and board, will be sent a copy of this policy and asked to review it. BrasArte’s teacher, staff, and board will be required to review this annually.
Monitoring and Evaluation of the Sexual Harassment Policy
Samba do Mar Humboldt (DreamMaker Program of the Ink People) recognizes the importance of monitoring this sexual harassment policy and will report to its Board of Directors confidential data and/or evidence as to how it is used and whether or not it is effective.