MERCY

CORPS

 

SEXUAL MISCONDUCT IN THE WORKPLACE POLICY

1. Purpose

Mercy Corps is committed to a work environment in which everyone is treated with respect and
dignity. We strive to maintain a culture of caring, which looks to ensure the emotional and physical
safety of our teams and anyone else we work with. We strive for a diverse and inclusive working
environment and expect that working relationships are based on or built around mutual respect,
professional, and free from sexual harassment and/or and sexual assault.

We will not tolerate sexual harassment or assault by or of team members anywhere in the world.
This policy sets out Mercy Corps? prohibitions against sexual harassment and sexual assault and
the required procedures to ensure Mercy Corps upholds its commitment to preventing sexual
harassment and assault by and of team members. This policy is intended to ensure that all team
members around the world are held to a common minimum standard and that all allegations of
violations and decisions regarding disciplinary measures are handled in as consistent a manner as
possible. The policy applies globally without regard to local cultural practices or social norms.

2. Scepe of Policy

This policy applies to: Mercy Corps Global, Mercy Corps Europe and Mercy Corps Netherlands,
their subsidiaries and af?liate organizations (collectively ?Mercy Corps?); Members of Mercy
Corps? Boards of Directors, of?cers, management, team members, seconded employees, interns,
and volunteers (collectively ?Team Members?); Sub-recipients, partner organizations,
contractors, outside experts, consultants, agents, representatives, and any other organization or
individual that acts on Mercy Corps? behalf or at Mercy Corps? direction (collectively
?Partners?); and visitors to any Mercy Corps facilities, which includes but is not limited to
photographers, ?lmmakers, journalists, researchers, private donors and prospective donors, and
anyone else hosted by Mercy Corps or visiting Mercy Corps? implemented or financially supported
programs (?Visitors?). Mercy Corps also expects that its donors and their representatives will
abide by this policy, particularly when engaging with Mercy Corps Team Members.

20181001 SMWP Policy 1

3.

3.1

Policy Statements

Prohibited Conduct

Mercy Corps prohibits and does not tolerate any Team Member Partner or Visitor engaging in
sexual harassment or assault with those terms de?ned as follows (and hereinafter referred to as
"sexual misconduct"):

?Sexual harassment? includes, but is not limited to, unwelcome romantic or sexual advanCes,
requests for sexual favors and other verbal or physical conduct of a romantic or sexual nature,
where one of the following applies:

3.1.1 Quid Pro Quo: where submission to such conduct is made either explicitly or
implicitly a condition of an individual?s employment/assignment or reaction to such
conduct by an individual is used as the basis for employment/assignment decisions
affecting such individual; or

3.1.2 Working Environment: where such conduct has the purpose or effect of interfering
with an individual?s work performance, violating or infringing on their dignity, or
creating an intimidating, degrading, hostile or offensive work environment.

Speci?c examples of conduct constituting sexual harassment include, but are not limited to:

a.

b.

Repeated unwelcome physical conduct, such as touching non-intimate body parts,
massaging, blocking or impeding normal movement, staring or leering;

Making or displaying sexual drawings or photos, demonstrating sexually suggestive
gestures; -

Repeated unwelcome verbal conduct such as requests for dates or comments of a sexual or
romantic nature about a person (does not. have to be the person the cements are directed
towards), including comments about their body, clothing, relationships or sexuality;
Repeated unwelcome comments and statements of a sexual nature, such as slurs, jokes,
insults, cursing language, I

Conduct falling into the above categories, which 1s not repeated 1n nature but suf?ciently
serious in itself to amount to sexual harassment;

'Any form of a sexual proposition, where something of value is suggested in exchange for

sex or dates;

Pressure for dates or sex in exchange for promotions, salary increases, keeping one?s job, or
other job?related bene?ts;

Intentionally exposing one own intimate parts to others, and

Stalking, which is an intentional Course of conduct directed at 'a speci?c person. that is

unwelcome and would cause a reasonable person to feel fear and can include repeated and

menacing conduct. Examples include, but are not limited to, pursuing, following, giving

unwanted gifts, surveilling, interfering with the safety of another or repeated, uninvited
contacts via telephone or online communication.

20181001SMWP Pollcy 2 -

 

Sexual harassment can occur in-person, or by phone, email, through social media or other
electronic. communication.

?Sexual assault? is actual or attempted sexual contact with another person without that person?s
consent. Sexual assault includes, but is not limited to: 

a. The. intentional touching of another person?s intimate parts without that person?s
consent; 

b. Other intentional sexual contact with another person without that person?s consent;
and

c. Rape, which is penetration, no matter how slight, of the vagina or anus of a person

by any body part of another person or by an object, or (2) the mouth of a person by a
sex organ of another person, without that person?s consent.

Mercy Corps does not tolerate any sexual misconduct by or against its Team Members, Visitors,
or Partners by any non?Team Members, be they Visitors or donors, contractors, local government
of?cials, armed groups, partner organizations local and international, or other persons.

3.2 Use of Mercy Corps Resources for Sexual Content

- Mercy Corps prohibits use of the Mercy. Corps? work equipment, including computers, cell phones,
of?ce walls, and internet access for purposes of viewing, displaying, or disseminating material that
is sexual in nature.

3.3 Relationships in the Workplace

Although romantic relationships in the workplace are not strictly prohibited, such relationships
must be entirely welcome, without any form of coercion, exploitation or abuse of power, voluntary
and consensual, and not impact professional duties or the working environment.

Because of the inherent power differential between persons in a supervisory or leadership position
and those who report to them, romantic or sexual advances by a supervisor or leader towards any
person in a subordinate position are viewed with due concern. Mercy Corps strongly encourages
all Team Members 'to report their romantic relationships with other Team Members to the
appropriate Human Resources department, HR lead, supervisor, or Country Director responsible
for their employment as soon as possible. However, when a romantic relationship involves a
leader, supervisor or manager and anyone in a subordinate position, both Team Members are
required to report the romantic relationship to the Human Resources department responsible for
their employment as soon as possible. I

This reporting is intended to be con?dential and to protect the Team Members involved and can
help ensure that perceptions of the potential for misconduct, (for example, including con?icts of
interest and perceived preferential treatment) are addressed before they arise. 

It will almost always not be appropriate for a Team Member to directly supervise a person with
whom they have a romantic relationship. In rare instances where it might be unavoidable, usually

20131001 Policy 3

 

involving established relationships between pe0ple who must for a time be a reporting relationship,
the reporting line must'be approved by Global HR. Approval will only be granted after efforts
have been made to ensure that the reporting relationship will not interfere with the work
environment and all other options have been exhausted.

[Relationships that are not formally disclosed and involve a supervisor or leader may be
investigated as a breach of the requirement to disclose under this policy and as potential sexual
harassment with the same disciplinary consequences as sexual harassment.

3.4 Mercy Corps Encourages Reporting Prohibited Conduct

3.4.1 Everyone has the right and obligation to report sexual misconduct. Anyone who
witnessed but was not the target of sexual harassment or assault is encouraged to
report it in their own right. Mercy Corps? equal opportunity and non-di scrimination
policies address conduct, including comments, language or actions that are

discriminatory or offensive but that may not meet the standard for sexual
harassment. 

3.4.2 Anyone can report allegations per Mercy Corps Ethics Complaint and

I Whistleblower Policy to Mercy Corps Integrity Hotline .

Team Members or Visitors are encouraged, but

not required, to ?rst report to their Human Resources representative, to their
Supervisor or their Supervisor?s Supervisor.

3.4.3 Human Resources and other Team Members, including Supervisors and Country
Directors, must ensure that they immediately report such allegations to Mercy
Corps Integrity Hotline.

3.5 Anonymous Reporting and Con?dentiality

3.5.1 Because of the nature and sensitivity of allegations involving sexual misconduct,
Mercy Corps treats all reports and allegations with the greatest respect for
con?dentiality of all individuals involved. .Mercy Corps will Seek to maintain
privacy at all times during the response process, consistent with our responsibility
to maintain individual and team safety. Only people with a need to know can be
provided information, and limited to their role in the response and investigation
process. Anyone who has a role as part of the investigation or response team is
bound by con?dentiality and can be disciplined, up to termination, for violating that
con?dentiality. I

In some instances, Mercy Corps may be compelled by its donors, regulators or via
legal action brought by the accused or for other legal reasons, to disclose
informatiOn related to the allegations and its investigation, including the name and
identifying information of the survivors and the accused. When providing
personally identi?able information to donors, regulators or law enforcement,

20181001 SMWP Policy 4

 

3.6

3.5.2

Mercy Corps will seek to limit distribution to the extent possible and allowed by
law and, when possible and in accordance with laws, will seek assurances that the
information remain con?dential.

Anonymous reports to the Integrity Hotline are allowed. A non-anonymous
reporting survivor may also request to preserve con?dentiality by not allowing the
Ethics Team or investigators to disclose the content of the allegations (or parts
thereof). In both cases of anonymous reporting and preservation of con?dentiality,
Mercy Corps? ability to conduct an investigation that can hold perpetrators
accountable for substantiated allegations can be signi?cantly restricted. To the best
of its ability, Mercy Corps will work with survivors to address their concerns
around con?dentiality in order to allow effective investigations to go forward.
Effective and fair investigations typically require confronting the accused with the
allegations. In cases where Mercy Corps has concerns for the safety and well-being
of its team, Mercy Corps may take appropriate actions, while still respecting to the
extent feasible, privacy and con?dentiality.

Support for Survivors

Mercy Corps will offer to provide (and provide if they chose) survivors of sexual harassment or
assault with independent medical and support and will assist them with reporting
incidents to the proper authorities should they ch0se to do so directly.

3.7

3.8

3.7.1

3.7.2

'No Retaliation

Mercy Corps will not tolerate any form of retaliation against Team Members, 
Partners or Visitors who report suspected sexual misconduct in good faith or
participate in investigations of sexual misconduct. The full protections for persons
making reports can be found in Mercy Corps? Ethics Complaint and Whistleblower
Policy. Anyone who has experienced retaliation for reporting or participating in a
sexual misconduct investigation should immediately report to the Ethics Team at


Mercy Corps will not require its Team Members, Partners or Visitors to sign or
comply with internal con?dentiality agreements or statements that prohibit or
otherwise restrict Team Members, Partners, or Visitors from lawfully reporting
violations to a designated investigative or law enforcement representative of a
department or agency authorized to receive such information. I

Investigating Reports of Prohibited Conduct

3.8.1

'Mercy Corps is committed to a serious, swift, and fair response and investigation

for all allegations. Investigations will be conducted in accordance with Mercy
Corps Ethics Complaint and Whistleblower' Policy and related guidance on
reporting and investigating sexual misconduct.

20181001 SMWP Policy - . 5

 

3.9

4.

3.8.2

Mercy Corps will, ?rst and foremost, take into account the safety, security and well-
being of the survivors during any investigation or follow-up action, but will also
take into account the safety and well-being of the accused and any witnesses.

Disciplinary Consequences for Prohibited Conduct

3.9.1

3.9.2

3.9.3

For sexual assault, Mercy Corps will suspend any individual who is the subject of
speci?c allegations of sexual assault while Mercy Corps and/or law enforcement
investigate the matter. All substantiated violations will result in termination and
ineligibility for rehire or future receipt of contracts, grants, or other resources from
Mercy Corps. Sexual assault is a crime in virtually all jurisdictions where Mercy
Corps operates. Mercy Corps will-support survivors in reporting sexual assault to
law enforcement.

For sexual harassment, Mercy Corps will assess the nature of the alleged conduct,
the risk of continued conduct, and the well-being of any survivors when deciding
how to mitigate the risk of continued conduct or harm while an investigation is
pending. Mercy Corps will suspend the accused while the investigation in ongoing
if the risks of continued conduct or harm cannot be adequately mitigated.

All substantiated ?ndings of sexual harassment will result in meaningful and
proportional discipline that will depend on the nature and severity of the conduct
and whether it can be effectively addressed. Discipline may include one or more
of the following (this list is not exhaustive): warning letters for misconduct,
mandatory training on gender and sexual harassment, demotion, ineligibility for
promotions, suspension without pay, performance improvement plans,
opportunities for people who have experienced sexual harassment to share impact
statements with their harassers and receive apologies from their harasser, or
termination. Team Members and Visitors who have their employment or
assignment terminated for sexual harassment will be declared ineligible for rehire
or future receipt of contracts, grants or other resources from Mercy Corps.

Processes and Procedures Required to Ensure Compliance

Mercy Corps ensures compliance with this policy through appropriate processes and
procedures designed to ensure to the extent possible that:

4.1

4.2

1t;

All potential new Team Members undergo screening designed to ensure that they have not
previously engaged in sexual exploitation, assault, or harassment;

All Team Members are informed and trained on this policy via Code of conduct training
and all Team Members certify that they have understood this policy and agree to abide by

201s1001smwr: Policy 6

 

44.9

4.10

4.11

4.12

4.13

Where appropriate and when in direct contact with Team Members, consultants, experts,
contractors, agents, donor and government representatives and Visitors (including-
journalists and researchers) are informed of the requirements under this Policy;

All Mercy Corps of?ces display awareness posters on this policy, including all available
reporting mechanisms, translated into the primary language of the of?ce and in
conspicuous locations where all Team Members and visitors will see them;

Security plans and measures take into account the risk of sexual misconduct by and against
Team Members and Visitors and put into place reasonable mitigation measures to ?t the
circumstances;

EaCh country of?ce has a designated focal point who can act as a local resource for team
members or visitors who Wish to report or discuss sexual misconduct;

Focal points, supervisors, and senior leadership receive appropriate training in how to
identify and appropriately respond to potential sexual misconduct;

Anyone can anonymously (if they choose) report all forms of sexual assault and harassment
to focal point or Mercy Corps integrity-hotline;

Human Resources representatives, Supervisors focal points, and leaders who receive
allegations or complaints of violation of this policy must immediately report them to the
Ethics Team via the integrity hotline (see the Ethics Complaint and Whistleblower Policy
and related guidance [hyperlink and link to hotline landing page]);

All reports are con?dentially, independently, fairly, timely and thoroughly investigated in
a manner that ensures, to the extent possible, protection of the survivor (see the Ethics
Complaint and Whistleblowing Policy [hyperlink]);

Team Members and/or Visitors declared ineligible for rehire due to sexual misconduct will
be prevented from any further opportunity with Mercy Corps, whether as an employee,
consultant or contractor and, when asked for a reference, Mercy Corps will indicate that
the individual is ineligible for rehire;

All reports are disclosed to donors and regulators as and when the donor or regulator
requires. If reports include allegations of criminal misconduct, they are also disclosed to
law enforcement (subject to the need to ensure the safety and well-being of survivors) (see
the Ethics Complaint and Whistleblower Policy and related guidance [hyperlink]); and

Mercy Corps Joint Board Audit and Risk Committee is informed (in a manner consistent

with Mercy Corps commitment to con?dentiality) of all reports and investigations of
sexual harassment or assault at or around its regularly scheduled meetings and provided 
with whatever additional information necessary to allow it to conduct its oversight duties

(see the Ethics Complaint and Whistleblower Policy and related guidance [hyperlink]).

20181001 SMWP . 7

 

5.2

5.3

6?

Policy Administration and Responsibilities

Mercy Corps? General Counsel and Ethics Team are responsible for:

5.1.1
5.1.2

5.1.3

Ensuring this policy remains up-to-date via bi-annual reviews;

Ensuring global reporting and investigations are overseen in accordance with this 
Policy and the Ethics Complaint and Whistleblower Policy and related guidance;
and

Reporting to Mercy Corps Joint Board Audit and Risk Committee regarding
allegations. 

The Chief People Of?cer and Human Resources Team are responsible for:

5.2.1
5.2.2

5.2.3

5.2.4

5.2.5

Ensuring that safe recruiting processes are in place and adhered to;

Ensuring that all Team Members undergo the code Iof conduct training and
acknowledge their understanding of it and willingness to abide by it;

Working closely with senior management in all countries to ensure thatfocal points
are properly identi?ed and trained and policies and trainings are appropriately
adapted to the local context;

Ensuring that all allegations of violations of this policy are investigated in
accordance with this policy and the Ethics Complaint and Whi-stleblower Policy;
and I 

Ensuring that team members declared ineligible for rehire are not rehired by Mercy

Corps and that this status is included in responses to employment veri?cation
checks by other organizations.

All Mercy Corps executives, country directors and senior management in all countries and
areas Where Mercy Corps operates are responsible for:

5.3.1

5.3.2
5.3.3

5.3.4

Creating and maintaining an environment and culture that fosters respect and
inclusion and does not tolerate sexual harassment, exploitation, or assault;

Overseeing the full implementation of this Policy in their area of operations;

Ensuring that all allegations of sexual misconduct are taken seriously and
immediately reported to the Ethics Team and are treated with con?dentiality and
given high priority; and

Ensuring that Team Members, Partners or Visitors who report allegations or
participate in investigations are not retaliated against.

Relation to Local Laws

Mercy Corps will comply with laws and regulations prohibiting misconduct, but where this policy
exceeds any legal requirements, Mercy Corps will adhere to the standards in this policy to the

20181001SMWP Policy 8

 

extent allowed by applicable law. This policy may be amended or adapted to comply with local
laws only with the approval of Mercy Corps Ethics Team and Global Human Resources Team.

7. Approved Policy

This policy was approved by the Mercy Corps Board of Directors on November 1, 2018, Mercy
Corps Europe Board of Directors on October 22, 2018, and Mercy Corps Netherlands on
October 22, 2018. This policy may only be amended or changed with the approval of the Board(s).

Mercy Corps Corporate Secretary Date

20131001 SMWP Policy 9