School X (hereinafter referred to as "School X") enables students to maximize academic achievements in a challenging international education environment, and cultivate their sense of social responsibility, creativity, initiative, and enthusiasm. In this process, it is indispensable to cultivate students' basic respect, tolerance, and diversity for each other. However, we are also aware that there is still gender-based verbal and behavioral harassment in the school, which traumatizes the victim who yet doesn't know how to protect their rights and interests or has a lesser resource. At the same time, due to the lack of a clear definition of sexual harassment on the campus, the different understanding of "sexual harassment" between the harasser and the victim will result in the harasser not being aware of the harassing nature of his/her behavior, which increases the possibility of re-occurrence of the misconduct. In addition, victims may choose to tolerate and cover up the harassment because of lack of support, social-environmental pressure, fear of secondary injury, difficulty in obtaining evidence and high cost of safeguarding their rights. If these urgent problems are not paid attention to, they will only increase the harm of sexual harassment to the parties, resulting in a hostile campus atmosphere.
In order to provide a guaranteed, inclusive and diverse learning environment for School X students to the greatest extent and enable students to reach as much their potential as possible in School X, we have established the "Committee for the prevention and control of sexual harassment" (hereinafter referred to as the "committee") and this handbook on the definition, code of conduct and prevention mechanism of sexual harassment (hereinafter referred to as the "handbook"), to achieve the following three purposes:
- clarify the definition and code of conduct of sexual harassment to decrease the possibility of students unintentionally offending each other;
- provide resources to support both victims and harassers in cases of sexual harassment;
- build an inclusive campus environment and promote mutual respect among individuals.
We hope to convey a clear message through this handbook: when injustice appears in School X campus, the school and students will not sit idly by but will use any constructive disciplinary measures they can to prevent the recurrence of similar misconduct.
The jurisdiction of this handbook includes all gender-related harassment carried out online (such as official WeChat group, Club WeChat group, Class WeChat group, school project WeChat group, etc.) and offline (campus, community activities, club external activities, etc.) by School X students, faculty, employees or third parties, whenever
the misconduct occurs:
• On School X property, or
• Of School X property, if
a) the conduct was in connection with an School X or School X-recognized program or activity; or
b) the conduct may have the effect of creating a hostile environment for a member of the college community.1
If a member of School X suffer sexual harassment from external personnel due to School X related projects and activities,this handbook still applies (See Section Three Part Two).
We hope that the code of conduct in the manual can be extended into the daily life of School X students, whether it is related to the school or not, so as to foster a habit of respect within the school.
The committee is committed to building a gender-friendly environment in School X to maximize students' learning potential. We actively prevent any form of sexual harassment and maintains zero-tolerance attitude towards all acts of sexual harassment.
When sexual harassment occurs, the committee pledges to take seriously all complaints and reports, and commits:
1) no neglect. As soon as the misconduct occurs, handle the case in a time manner. Zero-tolerance for any sexual harassment case;
2) no tolerance for excuses to sexually harass others;
3) as long as the case is known to the Committee and within its ability, whether in the past (within a year of the case’s occurrence; for more severe cases, even if the case happened before a year, the committee may consider investigation if necessary) or now, the committee will try its best to solve it, handle it prudently and fairly. For cases that cannot be settled within the school (may be due to the involvement of the court or police), the committee will also actively cooperate with the investigation, and submit them to relevant units or departments for handling.
During the investigation, the committee will adhere to the following basic principles:
1) Maintaining gender-friendliness. Get rid of gender stereotypes. Never overlook or neglect the harm that may be encountered by traditionally perceived masculine or strong groups (such as cisgender-men). Clarify the fact that sexual harassment may occur between the same-sex and that the victims and harasser may be of any gender;
2) Everyone is accountable to build a gender-friendly environment. Everyone is encouraged to take the initiative to testify for the victims and actively cooperate with the evidence collection in the investigation process;
3) Never deny the personal experience of the victims and harasser from their own subjective views;
4) Implement thoroughly information confidentiality. Respect victims’ and harassers’ reasonable personal demands. Timely detect and stop verbal humiliation or retaliation against the victims and harassers;
5) Replace arbitrary opinions with an transparent system to ensure that all staf and students affected by harassment know what to do and where to seek help. Maintain the principle of fairness and justice.
Although the establishment of the system is an indispensable step to promote the resolution of sexual harassment and provide resources and psychological support for the victims, we still realize that sexual harassment is a systemic problem. In order to eradicate the root causes of sexual harassment, in addition to supervision, investigation and punishment stipulated in the manual and policy, the Committee for the prevention and treatment of sexual harassment will also do its best to promote the following projects:
1) Promote school-wide sex education, not only let the victims learn how to protect themselves, but also let the harassers understand that such behavior is wrong and stop the occurrence of such behavior;
2) Promote diversity in the organization of the whole school, and evaluate the inclusive atmosphere, such as implementing the annual evaluation of the proportion of both staff and students, and the sense of security and comfort of the gender atmosphere on the campus;
3) Promote a clear disciplinary mechanism for sexual harassment, letting everyone clearly know the punishment of such misconduct;
4) Provide support to victims and harasser at the institutional level and encourage them to speak out;
5) Promote tolerance and respect, letting the students realize the accountability for all in building a friendly campus environment.
6) Other similar programs
This section gives the general definition and examples for sexual harassment.
This part will introduce the general definition of different types of sexual harassment, and provide examples accordingly.
2.1.1. Effective Consent4
Any sexual behavior should take place only with the effective consent of all parties involved. Else it would be regarded as a violation of this policy.
Effective consent is composed of the following features:
1) Informed
2) Freely and voluntarily given
3) Mutually understandable words or actions that indicate willing participation to mutually agreed upon sexual
activity
This handbook recognizes the diversity of sexual interaction and abundant ways to communicate consent.
However, it is important to clarify the two following statements:
1) Effective consent cannot be obtained under pressure, including but not limited to emotional intimidation and actual threats, or during incapacitation, including but not limited to being asleep, unconscious, incapacitated by alcohol.
2) Silence and passivity do not signal consent, nor do the following: "I don't know.", "Maybe." "Uh-huh", "Mm Hmm" or giggling.
3) Effective consent in the past does not mean effective consent in the future. Effective consent to one type of behavior does not automatically mean effective consent to another. Effective consent can be withdrawn at any time, after which the behavior should be stopped.
2.1.2. Sexual misconduct in general and Sexual assault5
Sexual misconduct is an unwanted sexual act whether by an acquaintance or by a stranger, that occurs without indication of consent.
Sexual assault is the actual, attempted or threatened unwanted sexual act, whether by an acquaintance or by a stranger, accomplished (1) against a person’s will by means of force (express or implied), violence, duress, menace, fear or fraud, or (2) when a person is incapacitated or unaware of the nature of the act, due to unconsciousness, sleep and/or intoxicating substances.
Specifically, sexual misconduct and sexual assault include the following categories:
2.1.2.1 Non-consensual sexual penetration / Rape
Non-consensual sexual penetration means sexual penetration or attempted sexual penetration of any bodily opening with body part or any object with clear sexual connotation without effective consent.6 It is also known as rape in Chinese legal system
2.1.2.2 Sexual Harassment
Sexual harassment means an unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, graphic, or physical conduct of a sexual nature, when: (1) submission to or rejection of such conduct is made either explicitly or implicitly a condition of an individual’s employment or academic standing or is used as the basis for employment decisions or for academic evaluation, grades, or advancement (quid pro quo); or (2) such conduct is sufficiently severe, persistent, or pervasive that it interferes with or limits a person’s ability to participate in or benefit from the college’s education or work programs or activities (hostile environment).7
The handbook will divide Sexual harassment into two categories8: Verbal Sexual Harassment and Non�verbal Sexual Harassment. To further clarify :
Verbal sexual harassment includes but is not limited to the following categories:
1) Asking someone for their contact information (e.g. phone number, WeChat ID) or asking them out on dates or ask to develop relationships with them after they had clearly expressed or implied their rejection and requests for sexual favors in exchange for actual or promised benefits
2) Inappropriately asking or commenting on or assuming others’ private life or sexual orientation;
3) Inappropriately or offensively discuss or comment on others’ sex character, sexual life, gender identity, gender expression, sexual orientation, etc. in public or in private environment;
4) Maliciously calling others by intimate or weakening or inappropriate nicknames without consent, e.g. “honey” “baby” “cutie”;
5) Making offensive jokes that are related to sexuality or gender in public or private environment;
6) Turning academic or daily discussions related to sex or gender into sexual topics;
7) Maliciously making sexual or offensive facial expressions or sounds.
Nonverbal sexual harassment includes but is not limited to the following categories:
1) Physical contact or invasion of physical space of a sexual nature without effective consent, including but not limited to:
- Inappropriately or offensively staring at or looking at or glancing at others;
- Stroking skin;
- Touching intimate parts;
- Continuously invading a person’s personal space9 after being rejected
- Stalking, including malicious internet staking and physical staking
2) Displaying sexual gestures and/or objects, including but not limited to:
- Holding or wearing sexually offensive items or clothes.
- Giving sexually offensive gifts or letters or other items as presents to others.
- Overly exposing intimate parts10 that makes others uncomfortable in public or private environment
- Making sexual gestures with hands or body movements that makes others uncomfortable.
3) Recording, taking pictures secretly and sharing recordings/pictures or voyeur:
- Taking photos or videos of others without consent
- Peeping others in a public or private environment
2.1.3 Gender-based Harassment11
Gender-based harassment is verbal, nonverbal, graphic, or physical aggression, intimidation, or hostile conduct based on sex, sex-stereotyping, sexual orientation or gender identity, but not involving the conduct of a sexual nature. For example, persistent disparagement of a person based on a perceived lack of stereotypical masculinity or femininity or exclusion from an activity based on sexual orientation or gender identity also may violate this Policy
4 “II (24). Sexual Misconduct | MIT Mind and Hand Book.” Handbook.mit.edu, handbook.mit.edu/sexual-misconduct. Accessed 28 Nov. 2021.
5 Ibid.
6 Ibid.
7 “Sexual and Gender-Based Harassment Policy.” www.hupd.harvard.edu, www.hupd.harvard.edu/sexual-and-gender-based-harassment-policy. Accessed 28 Nov. 2021.
8 This section partly consults the following source: “9.4 Harassment | Policies.” Policies.mit.edu, policies.mit.edu/policies-procedures/90-relations-and-responsibilities-within-mit-community/94-harassment#9.4.1. Accessed 28 Nov. 2021.
This section explains the mechanism in the committee to solve a sexual harassment case.
Informer: victim or witness of sexual misconduct cases on campus of School X
Harasser: Any current student or staff at School X who had done the reported misconduct
The committee handles any cases taken place offline on campus or online involving any School X staff and students. If the informer or harasser involved in a report is an external personnel, and the case happens during an School X or School X-recognized program or activity, the committee will still validate the report, but the investigation will be conducted by the school.
3.2.1. handing in report form
This report form can be applied to sexual misconduct cases in any form and levels.
The informer in this procedure can be victim or witness.
The informer can fill in this form on the website or the WeChat Official Accounts of the committee. The committee will contact the informer via school email.
Report form sample
I’m a victim/witness
Name:
I’m a student/staff
(if you are a student) student number:
Date of incident:
Type of incident: online/offline
(offline) Location of incident (e.g. classroom number, dorm number, area of canteen):
Please list the name of the individuals that were involved in, witnessed, or may have knowledge of relevant events. (please provide as many details as possible, e.g. Chinese and English name, student number):
Please briefly describe the incident (within 200 words):
Have you reported this case before? Yes/No
3.2.2 email
This procedure can be applied to sexual misconduct cases in any form and levels.
The informer in this procedure can be a victim or a witness.
The informer should use their school email to send reporting email to the committee’s email__________. If email account that doesn’t belong to School X is used, the ommittee will not be able to confirm the authenticity of the informer’s identity or the reported case, the reported case will be invalid.
Email template
Title: report sexual misconduct incident
Content:
Date of incident:
Type of incident: online/offline
(offline) Location of incident (e.g. classroom number, dorm number, area of canteen):
Please list the name of the individuals that were involved in, witnessed, or may have knowledge of relevant events. (please provide as many details as possible, e.g. Chinese and English name, student number):
Please briefly describe the incident (within 200 words):
Have you reported this case before? Yes/No
3.2.3 School X school counselor
This procedure can be applied to sexual misconduct cases in any form and levels.
The informer in this procedure can only be the victim.
If the informer is unable to calmly through report incident through other procedures on their own and require emotional support from counselors, the informer can choose to report the incident through this procedure.
‘Sexual misconduct incident report form’ will be provided to school counselors. The counselor should collect the information required and fill in the form. The counselor must double check the filled in information with the informer. The completed report form will be sent to the committee by the counselor.
Report form sample
I’m a victim/witness
Name:
I’m a student/staff
(if you are a student) student number:
Date of incident:
Type of incident: online/offline
(offline) Location of incident (e.g. classroom number, dorm number, area of canteen):
Please list the name of the individuals that were involved in, witnessed, or may have knowledge of relevant events. (please provide as many details as possible, e.g. Chinese and English name, student number):
Please briefly describe the incident (within 200 words):
Have you reported this case before? Yes/No
The informer should use their own school email account to make appointments with counselors. If email accounts that don’t belong to School X are used, the counselor will not be able to confirm the authenticity of the informer’s identity or the reported case, the reported case will be invalid.
Counselor1: Maria (foreigner) email: maria.acosta@School X.com.cn
Counselor2: Laura (Chinese) email: laura.tang@School X.com.cn
Formal procedure can only be applied to sexual misconduct cases associated with legal issues.
The purpose of formal procedure is to support victims with formal legal actions.
During formal procedure, the committee and school authorities will help the informer with exterior investigations. There will be exterior institutions (e.g. the police, lawyers) involved.
If the reported incident involves no legal issues, the informer should choose informal procedure instead.
If the informer handed in report through formal procedure but decided not to proceed legal actions, the reported case will be considered as an informal case and the investigation process will follow formal procedure instead.
3.5 Disciplinary actions for Students (Table 3.5)
3.6 Disciplinary actions for Teachers (Table 3.6)
3.7 Pairing of offenses and punishment levels for students (Table 3.7)
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