If you want to establish an institution at school
💡 Overview: This part includes 3 sections: General principles (1-3); Definition & Cases (4-6); Policy (7-9). Institution-establishers can read this part in order, or select the units that interest them the most.
📌1. Basic principles
First, you need to understand several basic principles a successful anti-sexual harassment institution’s running has to abide by. Having sensitivity in dealing with sexual harassment cases is the prerequisite to providing aid for both the victims and the harasser. This section amends the 6 principles concluded by the professional NGO EnGender to fit the scenario of a campus.
How can I apply?
[ ] Carefully read through all the principles listed below and think about the implication of these.
[ ] Select or add additional principles you think are important to solve sexual harassment cases in your own campus based on your understanding of your school. However, we strongly recommend institution-establishers to keep all the principles below strictly enforced.
[ ] An anti-sexual harassment institution on campus aims to tackle harassment cases in the short and long run. Hence, attention should be given to both the victims and the harassers. However, it’s also important to emphasise protection given to the victims. Establishers can balance between these two requirements.The 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. Maintaining a zero-tolerance attitude towards all acts of sexual harassment;
3. Everyone is accountable to build a gender-friendly environment:
4. Everyone is encouraged to take the initiative to testify for the victims and actively cooperate with the evidence collection in the investigation process;
Never deny the personal experience of the victims and harasser from their own subjective views;
5. Implement thoroughly information confidentiality:
Respect victims’ and harassers’ reasonable personal demands; Timely detect and stop verbal humiliation or retaliation against the victims and harassers;
6. Replace arbitrary opinions with a transparent system:
Ensure that all staff and students affected by harassment know what to do and where to seek help; Maintain the principle of fairness and justice.
What’s next...
Knowing the principles of the institution, the establishers should also understand the cases that the institution is allowed to tackle. Hence, when establishing an institution, it is important to clarify its jurisdiction.
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🛎️2. Jurisdiction
In this section, institution establishers can clarify the extent of power the institution has to regulate sexual harassment in or out of schools. This part consults the Harvard Handbook on sexual harassment and the Philosophia anti-misogynistic environment handbook.
How can I apply?
[ ] You can fill out specific examples of the online or offline scenarios at your school that are within the jurisdiction of your policy in the areas like this.
[ ] You can determine whether your school’s policy should have jurisdiction over cases when external personnel is involved based on your school’s situation.
[ ] Other than the geographical limit, the institution should also clarify the maximum time after a sexual harassment case happens within which a report may be initiated. This is to concern about the difficulty of evidence collection if the case happened too long ago. However, the institution-establishers can decide based on their school whether this is needed.The basic format of 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.)byA school'sstudents, faculty, employees or third parties, whenever the misconduct occurs:On
A school’sproperty, orOf
A school’sproperty, ifa) the conduct was in connection with an
A school-recognized program or activity; orb) the conduct may have the effect of creating a hostile environment for a member of the college community.
If a member of
A schoolsuffers sexual harassment from external personnel due toA school-relatedprojects and activities,this policy still applies/does not apply.As long as the case is known to the Committee and within its ability, whether in the past (within
X 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 (maybe 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.What’s next...
Before enacting policies for this institution, the institution-establisher should understand how Chinese law punishes sexual harassment cases, and respectively, what sexual misconducts are severer. Hence, in the next section, we will introduce relevant Chinese legal documents.
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⚖️3. Legal documents
In this section, we include legal documents in China on sexual harassment for institution establisher to refer to as the legal basis of the institution.
How can I apply?
[ ] You can use Chinese legal documents to decide the severity of different misconducts and relative disciplinary measures needed.
[ ] You can decide based on the schools’ situation which legal documents, if any, to include in the policy.Contents of legal documents
The Constitution of the People's Republic of China - Protects the Basic Rights of Citizens
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
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
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
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
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
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 exposes 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.
What’s next...
Upon now, we have completed the First Section of the institution's establishment - general principles. Then, to make a comprehensive policy against sexual harassment cases at school, you need to have a comprehensive understanding of various types of sexual harassments, and three basic components of sexual harassment. This introduces you to the second section of this toolkit: Definition & Cases.
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📄4. Definition
This section aims to provide a clear definition of concepts relating to sexual harassment, including effective consent and different categories of sexual harassment. This section consults the definition of different concepts in Harvard and MIT handbook sections on sexual harassment.
How can I apply?
[ ] In this section, institution-establisher should make clear two essential concepts: effective consents and sexual harassment. However, these two concepts have been the area of controversy even in the academia. Hence, this toolkit aims to clarify the debates, and give the recommendation of a better choice considering the long-term impact of the policy. However, the establishers can make their own judgement with the knowledge of their campuses after understanding thoroughly the debates.
[ ] There are also concepts in the definition section that are open to interpretation. For example, this toolkit understands the definition of personal space is diverse and highly individualized. Hence, this toolkit will not provide a rigid standard of personal space. The toolkit recommend this to encourage victims to speak out if they think their personal space is infringed. However, the institution establishers can specify the definition of personal space if they think is necessary considering the campus culture.Effective Consent
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 policy recognizes the diversity of sexual interaction and abundant ways to communicate consent. However, it is important to clarify the three following statements：
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.
Silence and passivity do not signal consent, nor do the following: "I don't know.", "Maybe." "Uh-huh", "Mm Hmm" or giggling.
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.
Sexual harassment
To simplify, the 2 essential basic elements in sexual harassment are:
- Of a sexual nature
- Unwelcome behavior that causes harm
For further understanding of details in the definition of sexual harassment, look at this page. It is highly recommended that the institution-establishers look through this page:
Definition of sexual harassment: debates
This page is also a sample of the training programs committee members need to finish. It includes essential concepts that a committee member need to understand.
Sexual misconduct in general
Sexual misconduct is an unwelcome sexual act whether by an acquaintance or by a stranger, that occurs without indication of consent.
Specifically, sexual misconduct includes the following categories:
Sexual assault
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.
Non-consensual sexual penetration
Non-consensual sexual penetration means sexual penetration or attempted sexual penetration of any bodily opening with a body part or any object with clear sexual connotation without effective consent.
Sexual Harassment
Sexual harassment means 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).
The policy will divide Sexual harassment into two categories: Verbal Sexual Harassment and Non-verbal Sexual Harassment. To further clarify :
Verbal sexual harassment includes but is not limited to the following categories:
- Inappropriately or offensively discuss or comment on others’ sex character, sexual life, gender identity, gender expression, sexual orientation, etc. in public or in a private environment;
- Ask others about their sexual preferences, fantasies, or history of venereal diseases without achieving consensus;
- Ask other people regarding private issues (social or sexual activities);
- Making assumptions on others’ private life/sex or relationship history.
- Inappropriately asking or commenting on or assuming others’ private life or sexual orientation;
- Comment on either bodily or facial photos of other members in relation to sex ( sexual connotation, sexual suggestion, etc.);
- 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;
- Making assumptions about people's sexual orientation, making them feel uncomfortable.
Give people demeaning or discomforting nicknames that weaken or depreciate their image without consent, including but not limited to "sweetie", "baby", "cutie", "little princess", "little fool" , etc., that may incur discomfort;
Telling pornographic jokes or sexual stories that are inappropriate in a given environment;
Turn academic/live discussions related or unrelated to sex into sexual topics and cause discomfort;
Producing kissing, howling, or other sexual sounds, or send sexually indicative pictures;
Spreading rumors about sex-related events such as personal sex life and sexual addiction;
Sending pornographic materials to the other person without authorization; inquiring about or speculating about the other person's sexual privacy;
Sharing photos and videos taken without effective consent and/or knowledge of the person in the photo and videos;
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
Nonverbal sexual harassment includes but is not limited to the following categories:
- 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;
- Intentionally having unnecessary physical contact with others;
- Continuously invading a person’s personal space after being rejected;
- 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 parts that makes others uncomfortable in public or private environment;
- Making sexual gestures with hands or body movements that makes others uncomfortable.
- 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
Gender-based Harassment
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.
What’s next...
To better illustrate these abstract concept, in the next part we will give some examples corresponding to the different categories of sexual harassment listed in this part.
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📄5. Cases
This section aims to provide some examples of sexual harassment cases corresponding to the categories listed in part 4 (Definition). This part consults Philosophia’s anti-misogynistic environment handbook.
How can I apply?
[ ] !!Trigger 🚨🚨🚨: Using examples, be it in education or policy handbook or elsewhere, may trigger traumatic memories of students experienced sexual harassment before. Hence, this toolkit lists examples here purely for the purpose of clarifying the definition. The establisher of the institution can decide cautiously whether to use some examples, if any, in the school.
[ ] The establishers can also evaluate the validity of the examples. If you have any questions or feedback for our examples, feel free to contact us. We are looking forwards to hearing from you. You can also add/write examples yourselves if you feel that it fits better into your campus.
[ ] It’s important to reflect the diversity of scenarios in which sexual harassment may happen: both online and face-to-face.Examples I: Verbal sexual harassment
1) Inappropriately or offensively discuss or comment on others’ sex character, sexual life, gender identity, gender expression, sexual orientation, etc. in public or in the private environment;
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 others’ 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 without consent, 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 sending 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.
Example II: Behavioural 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. Continuously invading a person’s personal space after being rejected
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.
What’s next...
Now we have a basic overview of the principles and definition of sexual harassments. We can now go on to the third section and start making our policy.
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🗣️6. Report mechanism
The Policy Section includes 4 parts: reports, the committee responsible for investigation, the investigation procedures and the ultimate disciplinary measures. In this page, we introduce a basic template of reporting sexual harassment, and multiple channels through which victims or witnesses can report.
How can I apply?
[ ] You can decide on your own the appropriate channels applied in your school based on specific conditions of the school. Also, you can alter the report template if needed.
[ ] You can decide whether anonymous reports are accepted. However you may decide on this, it’s important to keep to information confidentiality of victims, harassers and witnesses involved to prevent retaliation.Report templates
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
Types of report channels
- [ ] Report forms (putting at convenient places at school)
- [ ] Email (if available)
- [ ] School Counsellors
- [ ] Calls
- [ ] ...
What’s next...
Next, we will introduce the committee responsible to tackle the sexual harassment cases reported. We will talk about members, recruitment mechanism and training session recommended for such a committee.
→ Go back to the content Toolkit for Anti-Sexual Harassment Institution at School
🔍7. Committee
This section aims to provide an example and template of a committee responsible for handling and investigating reports of sexual harassment. They will also be responsible, in some cases, of deciding the disciplinary measures.
How can I apply?
💡 **Tips：**In this toolkit, we provide an investigative procedure that includes students to conduct investigation. The reason for this is explain in the Members of the committee document. If your school is not suitable to have students conducting investigation, you can still propose to establish a committee composed of experienced teachers.
[ ] You may wish to change the specific number and yeargroup of the students in the committee according to your school’s unique situations. Generally, students who are in higher yeargroups and are more familiar with the workings of the school are more able to effectively carry out the task.
[ ] You may also wish to choose alternative methods of recruiting members, as well as use alternative criterias to choose the most able to carry out the tasks of the committee compared to the ones listed in the following pages.
[ ] You may additionally look for training programs that fit particular needs of your school, e.g. Language, nationality, atmosphere. Make sure to use a trusted source.Components of the committee
Training programs of the committee
What’s next...
In this section we introduce the people who will conduct the investigation of sexual harassment after receiving a report. Next, we will then talk about how they are about to do so.
→ Go back to the content Toolkit for Anti-Sexual Harassment Institution at School
👣8. Investigation
The following is an example of the investigation process.
How can I apply?
[ ] You may change steps according to your school’s unique rules or requirements. For example, some schools may have specific dedicated staff members overseeing investigations for sexual harassment, other schools may allow only staff members to investigate, etc.
[ ] Some schools may allow the respondent to appeal to the school, while some may not. Please design the procedure based on your school’s condition.
[ ] We recommend that you get in touch with school staffs to clarify such requirements before establishing an institution.
[ ] Generally, the investigation process should include the following:
[ ] Confirm that there is a credible report
[ ] Confirm jurisdiction – Who to handle the report and investigate
[ ] Investigate/collect evidence
[ ] Decision on whether there was sexual harassment
[ ] Decision on disciplinary measures if necessaryExamplary investigation procedure
💡 **Tip：**The investigation procedure presumes a student panel composed of students. Students here are responsible for collecting evidences and then reporting them to teachers. The disciplinary measures will be decided by teachers after discussing with the student penal. If your school does not have a student-led investigation, you may alter the following procedure. However, the basic elements in an investigation will not be changed.
You can use the following website to create a flowchart and demonstrate your own investigation procedure:
Investigation process | Lucidchart
What’s next...
Up till now, we learn about what happened in a sexual harassment case. Then we need to deal with it to prevent re-occurrence of such a case.
→ Go back to the content Toolkit for Anti-Sexual Harassment Institution at School
References
Harvard Procedures (https://oge.harvard.edu/procedures)
Complaint Resolution Process (https://ophd.berkeley.edu/complaint-resolution-process)
🔧9. 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.)
How should I apply?
[ ] This is only an example of the proposed disciplinary measures. Your school will likely have a different set of rules or disciplinary actions. DO NOT COPY THIS LIST DIRECTLY. Make sure you talk to school staff about what are the disciplinary measures available at your school.
[ ] You may additionally wish to include the following notes as necessary to increase flexibility in the decision-making process.
[ ] 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.
[ ] Anyone 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 policy.
[ ] The following table matching offenses and disciplinary measures is only a guide. Aggravating or extenuating circumstances or actions may warrant punishments harsher or lighter than proposed in this policy. However, the panel must provide reasonable explanations for any decisions made on disciplinary measures.
[ ] Lastly, make sure to clarify who will be making the decision. Some schools require both students and teachers to make the decisions together, some require only the teachers, others vary.Different types of disciplinary measures: samples
First, you can decide on different types of disciplinary measures you will be taken in this institution, and give the specific definition for them. It’s important to clarify the disciplinary measures for teachers or students.
Deciding levels for different disciplinary measures
Here, you can pair different measures into categories for teachers and students respectively. This is to provide some flexibility on the decision of disciplinary measures in specific cases. You can also decide based on your schools’ circumstances whether this step is necessary.
Sample disciplinary measures for teachers
Paring offenses and disciplinary measures
Here, you need to pair different offenses with respective disciplinary measures. You can make your own paring table based on your schools’ policy. Also, it’s important to talk to the school to decide on the disciplinary measures for teachers.
Ending
Congratulations! You have reached the end of our toolkit for establishing an institution! Now you can use all the templates and suggestions to create your own policy for your school! We completely understand that this toolkit is nowhere near perfect, thus, we would love your input! If you have any questions, feel free to ask us questions through QNA. If you also hope to establish an anti-sexual harassment institution at your school, we invite you to join our community here Community . This community includes people who made this toolkit along with many other similarly enthusiastic people from all over the country! We are thrilled to meet you! Thank you very much for your support and trust in us!
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