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    The Handbook of Sexual Harassment:

    Definition & Behavior Code and Policy & Institution

  • Part One. General Principles

    This section explains the general principles of this handbook and the committee for the prevention and control of sexual harassment.
     

    1.1 Purpose: Severity and emergency

     

    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.

     


    1.2 Jurisdiction

     

    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.

     


    1.3 Declaration of Zero-tolerance and basic principles2

     

    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.

     

     


    1.4 Methods to stop sexual harassment and promote a gender-friendly environment3

     

    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

     

     

     

    1.This section (1.2) consults the following source: “Sexual and Gender-Based Harassment Policy.” www.hupd.harvard.edu,www.hupd.harvard.edu/sexual-and-gender-based-harassment-policy. Accessed 28 Nov. 2021.
    2 This section (1.3) consult the following source: “Toolkit for anti-sexual harassment in the workplace”, https://shimo.im/docs/cyKNXnV22GUEoiWT/read. According to the Creative Common License, this toolkit is created by BottleDream, EnGender and Fuen Law.
    3 This Section (1.1 and 1.4) consults the following source: Philosophia, “Misogyny and Sexual Harassment Solution Handbook”.

  • Part Two. Definition and Cases

    This section gives the general definition and examples for sexual harassment.

    2.1 General Definition

    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

     

     

     

     

    2.2 Example I: Verbal Sexual Harassment12

     
    The handbook considers that, during the study in the Shenzhen College of International Education, online communication and interaction (including channels but not limited to: WeChat, Facebook, Instagram, Teams, etc.) are a crucial part to access information effectively and support academic progress. However, this also means that multiple forms of online sexual harassment need to be clarified. This section includes cases from both online and face-to-face environments.
     
    1) Inappropriately asking or commenting on or assuming others’ private life or sexual orientation
    a. Ask others about their sexual preferences, fantasies, or history of venereal diseases without achieved consensus;
    Case:
    A: B, do you prefer to be S or M in sadomasochism? /Little B, have you ever fantasized about the experience of self-sex intercourse? /Little B, have you ever had syphilis?
    In the case above, if the conversation takes place in a public space, group members can report A's sexual harassment; if it occurs in a private space, the recipient of A's messages can report A's sexual harassment and seek for protection.

    b. Ask other people regarding private issues (social or sexual activities);
    Case:
    A: B, have you ever had sex with your ex-boyfriend?
    In the case above, if the conversation takes place in a public space, group members can report A's sexual harassment; if it occurs in a private space, the recipient of A's messages can report A's sexual harassment and seek for protection.

    c. Making assumptions on other's private life / sex or relationship history.
    Case:
    A is giving a presentation in class to introduce sex education knowledge to classmates. A and B are classmates.
    B: She knows so much about sex! She’s definitely not a virgin.
    In the case above, witnesses and/or the victim can report the sexual harassment of B.
     

    2) Inappropriately asking or commenting on or assuming others’ private life or sexual orientation;
    a. Comment on either bodily or facial photos of other members in relation to sex ( sexual connotation, sexual suggestion, etc.);
    Case:
    Both A and B are members of a group chat, and A and B are normal friends.
    One day, under the encouragement of the group discussion, A sent photography of themself:
    A: (photo.jpg)
    B: Wow, your legs are spicy!
    A: Please don't say such nasty things.
    B: Ah, but your legs are really slim and good-looking.
    In the case above, group members can report the sexual harassment of B.

    b. Posting sexual-related comments or insinuating sexual topics, such as making sexual comments on dressings, anatomical structure (legs, arms, etc.), or outlook, making people feel uncomfortable;
    Case (online):
    Both A and B are group members, and A and B are normal friends.
    One day, there was an ongoing discussion in the group:
    C: This off-the-shoulder outfit is pretty good-looking, regardless of its texture-oriented design.
    B: I think A will definitely be sexy in off-shoulder outfits.
    A: We are just discussing the off-shoulder dress. Why are you talking about me?
    B: Because I want to see you in a strapless outfit.
    In the case above, group members can report the sexual harassment of B.
    Case (offline):
    A and B are having lunch together. A sits with his knees touching.
    B: A, why are you sitting like a girl? You’re a boy!
    In the case above, witnesses and/or the victim can report the sexual harassment of B.

    c. Making assumptions on people's sexual orientation, making them feel uncomfortable.
    Case:
    A: You look so tough! You’re a lesbian right?
    B: Sorry, I don't want to talk about this.
    A: I see! You must be a lesbian!
    In the case above, no matter B is a lesbian or not, the assumption of already A caused discomfort for B.
    Therefore, witnesses and/or the victim can report the sexual harassment of A.
     

    3) Give people demeaning or discomforting nicknames that weaken or depreciate their image, including but not limited to "sweetie", "baby", "cutie", "little princess", "little
    fool" , etc., that may incur discomfort
    Case:
    Both A and B are group members, and A and B are ordinary friends.
    One day, Little A won an honor, which was afterward posted to the group by themself:
    A: I won a prize in the writing contest today!
    Little A: (Details of the writing competition and the list of winners)
    Little B: Wow, it seemed like the little princess AA can actually win a prize in the writing competition.

    In the case above, B's address of A as "little princess" is inferior and demeaning, and group members can report B's as sexually harassing A.
     

    4) Telling pornographic jokes or sexual stories that are inappropriate in a given environment;
    Case:
    A: To tell you, the male sex organs are actually very similar in outlook to xxx thing, so many people think that eating these kinds of things can enhance sexual performance.
    In the case above, group members can report the sexual harassment of A.
     

    5) Turn academic/live discussions related or unrelated to sex into sexual topics and cause discomfort;
    Case:
    Little A: I think BDSM in private space should be analyzed using the paradigm of "power relationship".
    Little B: I feel that in SM, using this toy will make M more comfortable.
    Little B: (SM sex toy picture)

    In the case above, group members can report the sexual harassment of B.
     

    6)Producing kissing, howling, or other sexual sounds, or send sexually indicative pictures;
    Case (online):
    A met B in the group chat, and B had the contact of A. They often chat with each other.
    One day, at the request of Little B, Little A sent a picture of them: Little B: Voice message (kiss)
    A: What sound is this?
    B: Hey. Little B: Voice message (wheezing)
    A: Don't send this kind of audio anymore!
    B: Oh, but you are so pretty!
    B: Voice message (howl)
    Case (offline):
    A and B are classmates. A finds B attractive so wants to attract B's attention.
    A: (winks at B every time they passes B’s seat)
    In the case above, if the conversation takes place in a public space, group members can report B's sexual harassment; if it occurs in a private space, the recipient of B's messages can report B's sexual harassment and seek protection.
     

    7)Spreading rumors about sex-related events such as personal sex life and sexual addiction
    Case:
    A noticed that Little B had posted a photo of him hugging one popstar of the opposite sex in WeChat Moments.
    As they usually paid attention to B, they claimed that B was in a group chat where B was absent that B had already had sex with the popstar, and spread this information publicly among friends.
    In this case, regardless of whether the remarks spread by A are true or not, A's action should be considered as sexual harassment.
     

    8)Sending pornographic materials to the other person without authorization; inquiring about or speculating about the other person's sexual privacy;
    Case:
    A met B in the group chat, and B had the contact of A. They often chat with each other.
    This day, B contacted A through WeChat:
    B: Are you online? I will show you something fun.
    A: What?
    B: (a video link on pornhub)
    A: Sorry, but I am not interested in this.
    B: What about this one? (Link to another video on pornhub)
    A:...

    In the case above, if the conversation takes place in a public space, group members can report B's sexual harassment; if it occurs in a private space, the recipient of B's messages can report B's sexual harassment and seek for protection.
     

    9)Sharing photos and videos taken without effective consent and/or knowledge of the person in the photo and videos
    Case:
    A: Here’s my 1 G of girls’ dorm’s pictures.
    A: (a zip document)
    In the case above, group members can report the sexual harassment of A.
     

    10) 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 & Requests for sexual favors in exchange for actual or promised benefits
    Case1:
    A: Could you give me your WeChat ID?
    B: Sorry, but I can’t give it to you.
    A: How about having dinner with me later?
    B: Sorry, I already have an appointment.
    A: You must be free on weekends then. Would you like to go watch movie with me?
    B: …
    Case2:
    Teacher A promised a student to secretly raise the mark if the student agrees to be touched by A.
    A has committed sexual misconduct in the cases above.
     
     

    2.3 Example II: Behavioral Sexual Harassment

     
    1) Physical contact or invasion of physical space with another person of a sexual nature without effective consent
    a. Inappropriately or offensively staring at or looking at or glancing at others.
    Case1:
    A: (staring at xx’s thighs)
    Case2:
    A: (frequently glancing at xx’s chest)
    A has committed sexual misconduct in the cases above.
     
    b. Intentionally having unnecessary physical contact with others.
    Case1: A and B are roommates of the same gender.
    A: (unbuttons B’s underwear through B’s clothes)
    Case2: A and B are walking in campus.
    A: (suddenly slips their arms around B’s waist)
    A has committed sexual misconduct in the cases above.
     
    c. Invading others’ personal space.
    Case:
    During group discussion at chass, A approaches B to listen to B’s words and the gap between them was less than
    10cm, which makes B feels uncomfortable.
    A has committed sexual misconduct in the case above.
     
    d. Stalking.
    Case1: A and B are newly known classmates.
    A: Would you like to walk back to dormitory building with me after evening self-study?
    B: Sorry, I’d like to go back on my own.
    A: (secretly follows B to get back to dormitory building)
    Case2: A and B are strangers at school. B doesn’t know A’s existence. A has one-sided interest in B and desires to know more about B.
    A: (waits in front of B’s classroom until B’s class is over, secretly follows B to the next classroom, in order to collect B’s class information and location.)A has committed sexual misconduct in the cases above.
     
     
    2) Displaying sexual-related gestures/objects
    a. Holding or wearing sexually offensive items or clothes.
    Case: A wears a T-shirt with b-word on it.
    A has committed sexual misconduct in the case above.
     
    b. Giving sexually offensive gifts or letters or other items as presents to others.
    Case: A sends sexy lingerie to B as a gift.
    A has committed sexual misconduct in the case above.
     
    c. Overly exposing private parts (in public of private environment) that makes others uncomfortable.
    Case:
    A is used to not wearing underwear while sleeping in dormitory. A’s roommate B feels uncomfortable about this and tried to discuss this issue with A, but A made no changes.
    A has committed sexual misconduct in the case above.
     
    d. Making sexual gestures with hands or body movements that makes others uncomfortable.
    Case:
    A imitates movement of sexual intercourse with their hands in classroom during self-study, which makes other
    students uncomfortable.
    A has committed sexual misconduct in the case above.
     
     
    3) Recording/Taking pictures secretly & Sharing recordings/pictures or voyeur
    a. Taking photos or videos of others without consent.
    Case1:
    A: (takes pictures of girls at school to collect and view themselves)
    Case2:
    A: My new classmate is super hot!
    B: Take a photo next lesson and share with us!
    A: (takes picture of the new student during class)
    A has committed sexual misconduct in the cases above.
     
    b. Peeping others in a public or private environment.
    Case:
    A and B are roommates. A peeps through the crack of the rest room door to see B when B’s showering or changing clothes.
    A has committed sexual misconduct in the case above.
     

     

    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.

    9 This handbook understands the definition of personal space is diverse and highly individualized. Hence, this handbook will not provide a rigid standard of personal space. Rather, the handbook suggests victims to speak out if they think their personal space is infringed.
    10 Intimate parts is defined as the human body which is customarily kept covered by clothing in public, including: (for both sex) the buttocks, anus, perineum, mons pubis and groin; (for males) the penis and scrotum; (for females) the vulva (including pudendal cleft), vagina and breasts.
    11 Harassment, MIT Policies, https://policies.mit.edu/policies-procedures/90-relations-and-responsibilities-within-mit-community/94-harassment#9.4.1
    12 This section (2.2, 2.3) consults the following source: Philosophia, “Misogyny and Sexual Harassment Solution Handbook”.


     

  • Part Three. Policy and Institution

    This section explains the mechanism in the committee to solve a sexual harassment case.

    One. sexual misconduct incident report mechanism

     

    3.1 general principle


    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 Ways to report

    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

     


    3.3 Formal procedure


    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.


    Two. Procedures of Sexual Harassment Cases Investigation

     

    3.3.1 General Investigation Process
     
    broken image
    3.3.2 Student Panel: the selection and training
     
    3.3.2.1 Selection of members in the Student Panel
     
    The Sexual Harassment Investigation Panel consists of 5 people, an odd number, so that if there is any dissent, the panel can hold internal voting. 2 people will come from A2, 3 people A1; out of considerations of legal responsibility and experiences, the panel temporarily does not accept G1 and G2 students.
     
    The members of the Panel will be selected publicly by the former Panel, and temporarily the members admitted will be from A1 only. The standard of selection will include but not be limited to responsibility, courses taken, and individual targets and prospects.
     
    If any member wants to leave halfway, the new member will be selected from former rejected candidates; however, if not for special cases such as mental health issues, transfer from the school, etc., the leave is not acceptable.
     
    3.3.2.2 Training Program
     
    The following is one of the current training program available：
    It costs $35 per person, and provides guidance in all four UK nations stresses the importance of providing an effective response to harmful sexual behavior.
     
     
     

    Three. disciplinary measures

     
    This section is dedicated to the disciplinary measures proposed in relation to the sexual misconduct committed.
     
    The disciplinary measures are divided into three levels, level one being the lightest and level three being the harshest. Each category of offenses will be paired with one or more levels of punishment. This will act as guidance to the panel’s decision on disciplinary measures to be taken in the event of an offense. (See categorized measures
    and their definitions below.)
     
    Note:
    The following lists about disciplinary measures and sexual misconducts are by no means exhaustive. Other forms of inappropriate behavior may be deemed unacceptable and punished as seen fit by the panel.
     
    Any one or a combination of the following disciplinary measures from one or more levels can be used to punish actions deemed in violation of the rules in the handbook.
     
    The following table matching offenses and disciplinary measures is only a guidance. Aggravating or extenuating circumstances or actions may warrant punishments harsher or lighter than proposed in this handbook.
    However, the panel must provide reasonable explanations for any decisions made on disciplinary measures.
     
    3.4 Definitions of disciplinary measures (Table 3.4)
    broken image

    3.5 Disciplinary actions for Students (Table 3.5)

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    3.6 Disciplinary actions for Teachers (Table 3.6)

    broken image

    3.7 Pairing of offenses and punishment levels for students (Table 3.7)

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  • Appendix:

    Appendix 1: Solutions on a personal level

     
    This section provides guidance for victims, harassers and supporter’s victim after an occurrence of a sexual harassment case.

    1.1 solutions for the victims

     
    As a victim, you may endure some reactions. Many reactions associated with rape, sexual assault or sexual abuse are natural safety mechanisms. Your body and mind are reacting to a life-threatening, traumatic situation:
    •Fear and anger are protective feelings
    •Caution and avoidance are protective actions
    •Isolation and turning to alcohol or drugs are examples of some protective behavior
     
    These feelings or behavior may be used long after the immediate danger or trauma has passed. But remember “What you are feeling is a normal reaction to an abnormal situation.”
     
    Remind yourself
    - It was never your fault
    - Whatever your reactions, they are normal
    - Many people don’t tell anybody for many years
    - Most harassers of rape or abuse are known to their victims
    - You are not alone and there is support available
    One of the solutions for the reactions is grounding. It is a way of keeping people in the here and now by focusing on the present. Grounding includes mental grounding, physical grounding and soothing grounding. For details of grounding, as well as other measures in response to the natural reaction of the body, see the following document:
     
     

    1.2 Advice for harasser

     
    If you realize that your behavior may potentially inflict harm upon others, please be apologetic for it immediately.
    It is important to understand what you have done is wrong, and never find excuses for sexual misconduct. If the victim files a complaint to the committee, please cooperate with he investigation. Never retaliate on the basis of dissatisfaction for the result.
     
     

    1.3 Advice for the supporter of the victim

     
    The most important things that you can do are:
    •Listen and let them say what they need to in their own words and in their own time
    •Validate what they tell you. Validate their experience.
    •Continue to offer unconditional support and love. Do not judge them.
    •Be patient with them
    •Encourage them to do things for themselves
    •Reassure them that their feelings are normal, take them seriously and emphasize with them
    • Explore and challenge your own views about gender inclusion and diversity
    •Take your needs seriously and seek your own support. Accept that there is going to be serious disruption in their life, and that this will probably affect you. Remember that you need to be physically and emotionally strong if you are supporting someone else so it is important that you look after yourself
     
    To learn more, you can explore the following document:
     
     

    Appendix 2: Resources

     

    1.1 Counseling resources
    1.1.1 School X School Counseling resources


    Peer support division resource (1) —— peer support platform
    School counseling resource (2) —— School X school counselors
    Counselor1: Maria (foreigner) email: maria.acosta@School X.com.cn
    Counselor2: Laura (Chinese) email: laura.tang@School X.com.cn

    1.1.2 Other counseling resources recommendation

    Counseling resource (1) —— free counseling hotline
    [Guangzhou] 020-81899120
    [Shenzhen] 0755-25629459
    [Shanghai] 021-51699291
    [Qingdao] 0532-85659516
    [Nanjing] 16896123
    [Hangzhou] （0571）85029595
    [Wuhan] （027）8584666
    [Chongqing] 023－66699199, 666992999, 023-65372255
    Counseling resource (2) —— offline counseling
    Shenzhen Kangning Hospital (Luohu)
    Address: No.1080 Cuizhu Road, Luohu District
    Shenzhen Kangning Hospital (Pingshan)
    Address: No.77 Zhenbi Road, Pingshan District
     


    Appendix 3: Legal Documents on Sexual Harassment


    The following international and domestic laws and regulations protects the citizens' rights and interests against sexual harassment from multiple perspectives.
    The Constitution of the People's Republic of China - Protects the Basic Rights of Citizens http://www.npc.gov.cn/englishnpc/constitution2019/201911/1f65146fb6104dd3a2793875d19b5b29.shtml

    Article 38
    The personal dignity of citizens of the People’s Republic of China shall not be violated. It is prohibited to use any means to insult, libel or falsely accuse citizens.
    "Criminal Law of the People's Republic of China"-Protection of citizens' related rights and interests from the perspective of criminal offenses
    https://www.fmprc.gov.cn/ce/cgvienna/eng/dbtyw/jdwt/crimelaw/t209043.htm

    Article 237
    Whoever, by violence, coercion or other means, forces, molests, or humiliates a woman is to be sentenced to not more than five years of fixed-term imprisonment or criminal detention.
    Whoever assembles a crowd to commit the crimes described in the preceding paragraph, or commits such crimes in the public is to be sentenced to not less than five years of fixed-term imprisonment.
    Whoever molests a child is to be given a heavier punishment according to the stipulations in the two preceding paragraphs."Civil Code of the People's Republic of China"-Civil Protection of Related Rights and Interests of Citizens http://www.npc.gov.cn/englishnpc/c23934/202107/7c7f9fc3765947a89627ef67e89e8b84/files/
    da0d8a6da39a478ab93639efd815b685.pdf

    Article 3
    The personal rights, proprietary rights, and other lawful rights and interests of the persons of the civil law are protected by law and free from infringement by any organization or individual.

    Article 997
    Where a person of the civil law has evidence to prove that an actor is committing or is about to commit an illegal act that infringes upon his personality rights, and that failure to timely stop the act will cause irreparable harm to his lawful rights and interests, the person has the right, in accordance with law, to request the people’s court to order the actor to stop the act.

    Article 1003
    A natural person enjoys the right to corporeal integrity. A natural persons’ corporeal integrity and freedom of movement are protected by law and free from infringement by any organization or individual.

    Article 1010
    A person who has been sexually harassed against his will by another person through oral words, written language,images, physical acts, or the like, has the right to request the actor to bear civil liability in accordance with law.
    The State organs, enterprises, schools, and other organizations shall take reasonable precautions, accept and hear complaints, investigate and handle cases, and take other like measures to prevent and stop sexual harassment conducted by a person through taking advantage of his position and power or a superior-subordinate relationship, and the like.
    Law of the People’s Republic of China on the Protection of Rights and Interests of Women http://www.china.org.cn/english/government/207405.htm

    Article 36
    The State guarantees that women enjoy equal rights with men relating to their persons.

    Article 37
    Women’s freedom of the person is inviolable. Unlawful detention or deprivation or restriction of women’s freedom of the person by other illegal means is prohibited; and unlawful body search of women is prohibited.

    Article 40
    Sexual harassment against women is prohibited. The female victims shall have the right to file complaints with the units where they work and the departments concerned.

    Article 42
    Women’s rights of personality, including their right of reputation, right of honor, right to privacy ad right of portrait, shall be protected by law. Besmirching women’s personal dignity by such means as humiliation and libel is prohibited. Decrying or besmirching women’s personality through the mass media or by other means is prohibited. The use of a woman’s portrait for profit-making purposes in advertisements, trademarks, window display, newspapers, magazines, books, audio-video products, electronic publications, internet, etc., without the women’s personal consent, is prohibited.

    Article 58
    Where a person, in violation of the provisions of this Law, commits sexual harassment or domestic violence against a woman, if such act constitutes a violation of the regulations for administration of public security, the victim may apply to a public security organ for an administrative sanction against the violator according to law, and may also bring a civil suit in a people’s court according to law.
    Law of the People's Republic of China on Protection of Minors http://www.npc.gov.cn/englishnpc/c23934/202109/39cab704f98246afbed02aed50df517a.shtml
     
    Article 40
    Schools and kindergartens shall establish a working system for the prevention of sexual assault or harassment to minors. Schools and kindergartens shall not conceal such illegal and criminal acts of sexual assault and harassment to minors. They shall report to the public security organ and the educational administration department in time, and cooperate with relevant departments to deal with such illegal and criminal acts in accordance with the law.
    Schools and kindergartens shall carry out sex education for minors appropriate for their age, and improve their awareness and ability of self-protection against sexual assault or harassment. Schools and kindergartens shall take timely protective measures for minors who suffer from sexual assault or harassment.

    Article 54
    It is forbidden to abduct, sell, kidnap, maltreat, illegally adopt minors, or incur sexual assault or harassment to minors.

    Article 62
    When recruiting staff, units that have close contact with minors shall inquire the public security organs and the people's procuratorates whether the candidates have records of illegal or criminal acts including sexual assault, maltreatment, abduction and trafficking, and violence; if it is found that a candidate has the record of the above-mentioned behaviors, he shall not be employed.
    Units that have close contact with minors shall regularly conduct annual check of their staff members’ records of the above-mentioned illegal and criminal acts. If the employee is found to have the above-mentioned behaviors through inquiry or other means, he shall be dismissed in time.

    Article 98
    The State shall establish an information inquiry system of law-breakers and criminal harassers who commit crimes such as sexual assault, maltreatment, abduction and trafficking, and violent injury, so as to provide free inquiry services to units that have close contact with minors.
    Public Security Administration Punishments Law of the People's Republic of China http://bwc.njust.edu.cn/_t46/20/1a/c1498a8218/page.htm

    Article 42
    Anyone who commits any of the following acts shall be detained for not more than 5 days or shall be fined not more than 500 yuan. If the circumstances are relatively serious, he (she) shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined not more than 500 yuan: (1)Threatening the personal safety of any other person by writing threat letters or by any other means; (2)Insulting any other person openly or making up stories to defame any other person; (3)Attempting to make any other person subject to criminal punishment or public security administration punishment by making up stories and bringing a false charge against any other person; (4)Threatening, insulting, beating or revenging upon the witness and his (her) close relatives; (5)Interfering with the normal life of any other person by sending any obscene, insulting, threatening or other information time after time; (6)Peeping into, sneaking photos, wiretapping or spreading the privacy of any other person.

    Article 44
    Anyone who acts indecently towards any person or deliberately expose his body at a public place shall be detained for not less than 5 days but not more than 10 days if the circumstances are absolutely vile. Anyone who acts indecently towards a disabled person, mentally insane patient, or minor under the age of 14, or who commits any other severe violation shall be detained for not less than 10 days but not more than 15 days.
     
     
     
     
     
    13 Somerset&Avon rape&sexual abuse support, “The SARSAS self help guide”, https://www.sarsas.org.uk/wp-content/uploads/2020/03/SARSAS-Self-Help-Guide20.pdf
    14 Somerset&Avon rape&sexual abuse support, “The SARSAS guide to supporting the person you care about”,https://www.sarsas.org.uk/wp-content/uploads/2020/03/SARSAS-Self-Help-Guide_Families20.pdf
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