8194460
Students and Youth Working on reproductive Health Action Team (SAYWHAT) is an organisation committed to providing an environment where employees and volunteers discharge their duties and advance their careers in an environment free from sexual harassment. This policy unequivocally states that SAYWHAT as an organisation will not tolerate or condone sexual harassment, and appropriate disciplinary measures will be taken upon anyone who disregards this Policy. The organisation holds itself accountable for the safety and well-being of all its staff. It, therefore, pledges to create an environment free from fear, threats, intimidation, and coercion of a sexual nature.
Sexual Harassment shall be taken to refer to any conduct of a sexual nature specifically unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature that is pervasive whether they affect working conditions or create a hostile working environment. Sexual harassment includes, but is not limited to:
Unwelcome conduct deliberately interferes with a person’s ability to work effectively and or creates a hostile work environment.
Unwelcome physical conduct includes but is not limited to, unwanted physical contact, touching, groping, massaging, rubbing oneself against another, patting, winking, fondling, tickling, suggestive handshakes, sexual assault and rape.
Unwelcome verbal conduct includes but is not limited to, jokes, suggestive language, sexual threats, comments with sexual overtones, comments about a person’s body, inquiries or comments about a person’s sexual life, and the display of sexually inappropriate pictures, screensavers, and pornographic material.
Unwelcome nonverbal conduct refers to gestures or sexually suggestive signals, swinging hips suggestively, indecent exposure, stalking, sending sexually explicit jokes and pictures, giving someone unwanted gifts, looking a person up and down suggestively, making facial expressions such as winking or licking one’s lips, sending pornographic material through email, Whatsapp or any other social media.
Quid pro quo means asking for favors in return for something. This form of harassment may take any of the following forms:
All SAYWHAT employees and volunteers should, to the best of their means and abilities, be proactive in preventing sexual harassment in the workplace or the field when discharging SAYWHAT-related duties.
The Policy does not provide a complete list of what may be regarded as sexual harassment under Zimbabwean law. However, the Labour Act [Chapter 28:01] and related legislation, such as the Criminal Law (Codification and Reform) Act [Chapter 9:23]compel employers and those in positions of authority to uphold fair practices in the workplace and institutions, in which case, issues of harassment play a fundamental role.
The Organization’s Code of Conduct cites sexual harassment as one of the most serious offences whose penalty is dismissal.
SAYWHAT is committed to providing an environment that upholds human dignity and respect for employees and volunteers by eliminating all forms of harassment and hence encourages all its employees/volunteers to report incidents of sexual harassment. Matters will be dealt with promptly and expeditiously according to procedures.
SAYWHAT commits itself to deal with cases of sexual harassment expeditiously according to the laid down procedures; it also observes the sensitivity of the cases. As such, all such cases shall be given due consideration with respect to those issues, and the responsible authorities dealing with issues of sexual harassment must ensure that the cases are investigated and handled confidentially.
Regarding this policy, an aggrieved employee can sue SAYWHAT if the person accused of perpetrating sexual harassment is a superior capable of being taken as an employer in terms of section 2 of the Labour Act. This includes managers, directors, their representatives or other senior executives of the company or employer.
SAYWHAT as the employer can also be held vicariously liable for the insidious wrong of sexual harassment committed by a person employed by or engaged by the organisation, acting in the course and scope of their employment. Thus should any SAYWHAT employee sexually harass any students/stakeholders they are charged to work with and serve, the aggrieved individual (s) will also have recourse against SAYWHAT as the employer of the perpetrator
There are two options for internal reporting of sexual harassment within SAYWHAT:
In all the above two scenarios, the Head of Human Resources and your supervisor will discuss the issue and contact you within 10 working days of reporting the incident(s).
If the Complainant believes that the matter may be handled informally, then the Responsible Authority, who receives the matter at hand may organise an informal meeting with the complainant and the alleged offender so that the issue is amicably handled in their presence.
Where the alleged perpetrator is the Executive Director, and the Complainant elects for the matter to be handled informally, a meeting may be convened between the Executive Director and the complainant and overseen by the Head of Human Resources and the Board Chairperson. The Board Chairperson has a duty to also report the findings of this meeting to the Board of Directors of SAYWHAT, and a record of the same will be kept in that Executive Director’s file. Should there be more than one instance of informal amicable settlement where the same individual in their capacity as Executive Director is the alleged perpetrator, whether with one or numerous complainants. The Board of Directors is charged to conduct a disciplinary hearing as opposed to the informal amicable settlement regardless of the election for an informal settlement by a complainant.
A person in the position of a responsible authority as envisaged under this policy who receives a report of sexual harassment but fails or neglects to take any action will face disciplinary action.
Where the victim of sexual harassment has been affected so much that they may need counselling, they may liaise with the Head of Human Resources to make necessary arrangements.
All witnesses have a non-compulsory duty to cooperate with the Disciplinary Committee. However, any intentional, malicious or otherwise obstruction of investigations into sexual complaints will result in disciplinary action being taken against the person who has acted so.
The policy further protects all employees and volunteers from people who may make false complaints of sexual harassment. SAYWHAT will not hesitate to take disciplinary measures against such people.
Any employee who commits an act of sexual misconduct as defined herein shall be guilty of an act, conduct or omission inconsistent with the fulfillment of the express or implied conditions of his/her obligations under this Policy.