Sexual Harassment Policy

May 22nd, 2023

Policy  

BrasArte is committed to providing a safe environment free from discrimination on any ground and from harassment at work including sexual harassment. BrasArte will not tolerate any form of sexual harassment in the workplace, will treat all incidents seriously and promptly, and will 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.

All complaints of sexual harassment will be taken seriously and treated with respect and in confidence. No one will be retaliated against for making such a complaint. 

Scope

This policy applies to BrasArte employees as well as those BrasArte may be connected to or do business with, including but not limited to vendors, investors, customers, students, and contractors.  We aim to protect every employee, contractor, student, or volunteer regardless of level, function, seniority, status, or protected class such as race, gender, and sexual orientation.

Definintion of Sexual Harassment

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/or non-verbal. Examples of conduct or behaviour which constitute sexual harassment include, but are not limited to: 

Physical Conduct

• Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching
• Physical violence, including sexual assault
• The use of job-related threats or rewards to solicit sexual favors 

Verbal Conduct

• Comments on a worker’s appearance, age, private life, that are intimidating, hostile, or humiliating
• Sexual comments, stories, and jokes
• Sexual advances
• Repeated and unwanted social invitations for dates or physical intimacy
• Insults based on the gender of the worker
• Condescending or paternalistic remarks 

Non-verbal Conduct

• Leering
• Display of sexually explicit or suggestive material
• Sexually-suggestive gestures

This is not an exhaustive list, and sexual harassment can include any conduct of a sexual nature which is unwanted and unwelcomed by the recipient.

Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. BrasArte 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. 

BrasArte 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 or teacher and student.

Anyone, including employees of BrasArte, clients, customers, casual workers, contractors, volunteers, students or visitors who sexually harass another will be reprimanded in accordance with this internal policy. 

All sexual harassment is prohibited whether it takes place within BrasArte’s premises or outside, including at social events, business trips, training sessions, or conferences sponsored by BrasArte or where a person is representing BrasArte or being compensated by BrasArte. 

Complaint Procedures

Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. Brasarte recognizes that sexual harassment may occur in unequal relationships (i.e. between a supervisor and their employee) and that it may not be possible for the person who believes themselves harmed  to inform the alleged harasser. Therefore, it is strongly encouraged that BrasArte is informed of the harassment so that it can be documented and addressed in a timely manner.

If a person who believes themselves harmed cannot directly approach an alleged harasser, they can approach one of BrasArte’s designated official leadership or staff member responsible for receiving complaints of sexual harassment. When a designated person receives a complaint of sexual harassment, he/she will: 

• immediately record the dates, times, and facts of the incident(s)
• ascertain the views of the person who believes themselves harmed as to what outcome they may wish to see 
• ensure that the person who believes themselves harmed understands BrasArte’s  procedures for dealing with the complaint
• discuss and agree on the next steps
• Hear informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the person who believes themselves harmed from pursuing a formal complaint if they are not satisfied with the outcome
• keep a confidential record of all discussions
• ensure that the victim knows that they can lodge the complaint outside of the company through the relevant legal framework 

Retaliation

Retaliation means any adverse employment action taken against a teacher or staff because they engaged in an activity protected under this policy.  Protected activities may include, but are not limited to, reporting suspected violations of this policy and/or cooperating in investigations or proceedings arising out of a violation of this policy.  BrasArte understands the need to support the person(s) believed to be harmed in making complaints and may offer community resources throughout the process. As with any complaints procedure, the person who believes themselves to be harmed, as well as those who speak up to support them,  will not be retaliated against.  

Confidentiality

Confidentiality means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information. All matters regarding the persons involved will remain confidential and will not be discussed or shared with others outside of the incident.  The exemption to this  would be if a person under the age of 18 has reported that they are harming themselves or that someone is harming them. As mandated reporters, BrasArte is required to legally report suspected child abuse.

Informal Complaints Process

If the person harmed wishes to deal with the matter informally, the designated person will: 

• give an opportunity to the alleged harasser to respond to the complaint to ensure that the alleged harasser understands the complaints process
• facilitate discussion between both parties (first by checking in with the person who believes themselves harmed) to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the company to resolve the matter
• ensure that a confidential record is kept of what happens
• follow up after the outcome of the complaint process to ensure that the behavior has stopped
• ensure that the above is initiated  within 7 days of the complaint being made 

Formal Complaints Process

If the person who believes themselves harmed wants to make a formal complaint or if the informal complaint process has not led to a satisfactory outcome for the person harmed, the formal complaint process 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 BrasArte 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.  

The person carrying out the investigation will: 

• interview the person who believes themselves harmed and the alleged harasser separately
• interview other relevant third parties separately
• produce a report detailing the investigations, findings, and any recommendations 
• if the harassment took place, decide what the appropriate remedy for the person harmed is  (i.e.- an apology, a change to working arrangements, training for the harasser, discipline, suspension, dismissal)
• follow up to ensure that the recommendations are implemented, that the behavior has stopped and that the person harmed is satisfied with the outcome 
• if it cannot be determined that the harassment took place, they may still make recommendations to ensure the proper functioning of the workplace and to reinforce a culture of zero tolerance of sexual harassment in BrasArte’s organizational culture.
• keep a record of all actions taken
• ensure that all records concerning the matter are kept confidential
• ensure that the process is initiated within 7 calendar days of the complaint being made 

Outside Complaint Process

A person who has been subject to sexual harassment can also make a complaint outside of the organization. They can do so through community lead 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 receive any of the following: 

• verbal or written warning
• adverse performance evaluation  
• suspension
• dismissal 
• barred from further work with or engagement with BrasArte, including the ability to attend events or classes. 

The nature of the actions will depend on the gravity and extent of the harassment. Suitable deterrent actions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases will result in the immediate dismissal of the harasser.

Implementation of this Policy

BrasArte will ensure that this policy is widely disseminated to all relevant persons. All board members and new employees must be trained on the content of this policy as part of their induction into the organization.

Every year, BrasArte’s  teachers, staff, 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

BrasArte 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.  

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