Prevention of Sexual Exploitation & Abuse Policy

Author:
Alok Bhatia

1. SCOPE & PURPOSE

This policy applies globally to all ServePlanet Employees and Related Personnel both during and outside normal working hours; including ServePlanet's Affiliate HQs, Regional platforms and Country programs. Except in countries where the following policy contravenes local legislation, in these cases, local legislation must be followed with guidance from the [Affiliate equivalent to Safeguarding Team and the Head of HR]. This policy will apply in the event that it is more stringent than local legislation.

This policy sets out ServePlanet's approach to preventing and addressing sexual harassment and sexual exploitation and abuse. This includes:

• Our commitments to prevent sexual harassment, exploitation and abuse and to ensure effective action is taken when problems occur;
  
• Principles upon which we will base our decision making and actions;
  
• Our expectations of all those who work on behalf of ServePlanet.

2. POLICY STATEMENT

ServePlanet has a zero-tolerance policy towards sexual harassment, exploitation, and abuse. At ServePlanet, we believe all people have a right to live their lives free from sexual violence and any abuse of power regardless of age, gender, sexuality, sexual orientation, disability, religion or ethnic origin. We recognise that there are unequal power dynamics across the organisation and in relation to those we serve, and that we face risk of some people exploiting their position of power for personal gain. ServePlanet will not tolerate its employees, volunteers, consultants, partners or any other representative associated with the delivery of its work carrying out any form of sexual harassment, sexual exploitation or sexual abuse. ServePlanet commits to supporting survivors, improving safeguarding capacity, reporting, investigating, responding to, and preventing sexual harassment and sexual exploitation and abuse.

3. Principles & Commitments

• Sexual exploitation and abuse by ServePlanet Employees and Related Personnel constitute acts of gross misconduct and are, therefore, grounds for termination of employment or contract/agreement. Sexual harassment by ServePlanet Employees and Related Personnel is grounds for disciplinary action up to and including dismissal.

• Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of the majority or age of consent locally. Mistaken belief in the age of the child is not a defence.

• Exchange of money, employment, goods, or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour by ServePlanet Employees and Related Personnel is prohibited at all times. This includes buying sex or the exchange of assistance that is due to programme participants.

• Sexual relationships between ServePlanet Employees or Related Personnel and beneficiaries are forbidden. Given the contexts where ServePlanet operates, such relationships may be based on inherently unequal power dynamics and may undermine the credibility and integrity of ServePlanet's charitable work and objectives. ServePlanet Employees and Related Personnel must declare any previously existing relationships with beneficiaries to their line managers or HR focal point.

• Where a ServePlanet Employee or Related Personnel develops concerns or suspicions regarding sexual abuse or exploitation or sexual harassment by a fellow worker, whether in ServePlanet or not, he or she must immediately report such concerns via the established reporting mechanisms.

• ServePlanet Employees and Related Personnel are obliged to create and maintain an environment that prevents sexual exploitation and abuse and child abuse and promotes the implementation of this Policy. ServePlanet Managers at all levels have particular responsibilities to support and develop systems, which maintain this environment. 

• ServePlanet is dedicated to fulfilling the following commitments to prevent and respond to sexual exploitation and abuse and sexual harassment.

• Ensure that we have multiple channels for ServePlanet Employees, Related Personnel, beneficiaries, and others to safely report sexual exploitation and abuse and sexual harassment. These channels should be designed in consultation with local communities and staff to ensure that they are safe and accessible.
• Ensure that everyone who works on behalf of ServePlanet and those we serve have information about how to access these safe reporting channels. This should include posting reporting procedures in local languages and regularly explaining these channels.
• Provide training and information to all ServePlanet Employees and Related Personnel, particularly focal points for receiving complaints, to ensure they 
• understand their obligations and how to discharge their duties should they receive a complaint. A particular emphasis should be made on confidentiality.

ServePlanet will respond in a professional and timely manner to all concerns or allegations of sexual harassment, exploitation or abuse. All concerns or allegations will always be taken seriously, and investigated and acted upon where appropriate, in line with our safeguarding principles listed below.

• Robust and accountable case management:All allegations of SHEA, and subsequent follow-up, will be documented in a secure and confidential database to ensure accountability. The report will be officially acknowledged within 24 hours, and a safeguarding team will convene a case conference to assess immediate risks and next steps within 72 hours.

• Investigations: ServePlanet will carry out independent, safe, and discreet investigations, through trained investigators working with ServePlanet, recognising the rights of and duty of care to everyone involved, including the complainant and/or survivor, witnesses and the subject of complaint (SoC).

• Accountable decision-making: ServePlanet will take swift and appropriate action against ServePlanet Employees and Related Personnel who are found to have committed SHEA. This may include administrative or disciplinary action, and/or referral to the relevant local authorities if appropriate and safe to do so. An independent and gender representative decision making panel will be assigned in every investigation to ensure impartiality, transparency, and accountability (e.g. for country cases the panel may include people from outside of country). The decision making process will be subject to scrutiny by relevant advisors.

• Survivor Support: Survivors of SHEA are entitled to specialised support services. ServePlanet commits to refer survivors to competent support services as appropriate and available and according to the wants and the needs of the survivor. Support may include specialist psychosocial support such as counselling, medical assistance, legal counselling and access assistance that ServePlanet may provide on case to case basis. Assistance will be made available regardless of whether a formal internal response is carried out (such as an internal investigation).

d. Embedding PSEA into ServePlanet work

• Safer Recruitment: In compliance with applicable laws, ServePlanet is committed to prevent perpetrators of SHEA from being (re)hired or (re)deployed. Manager Catalysts and Human Resource teams will ensure robust recruitment screening processes for all personnel, including employees, volunteers, consultants and other representatives. As part of this, all application forms, interviews and references must address Safeguarding and equality requirements and attitudes

• Partnership Agreements: ServePlanet will ensure that, when engaging in partnerships, sub-grant or sub-recipient agreements, these agreements: (i) incorporate this Policy as an attachment; (ii) include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers to abide by a Code of Conduct that is pursuant to the standards of this Policy; and (iii) expressly state that the failure of those entities or individuals, as appropriate, to take preventive measures against sexual exploitation and abuse and sexual harassment, to investigate and report allegations thereof, or to take corrective actions when SHEA has occurred, shall constitute grounds for ServePlanet to terminate such agreements.

• Staff and partner training: ServePlanet Employees and Related Personnel must receive as part of their induction trainings on PSEA and Safeguarding when they join ServePlanet, including a briefing on ServePlanet's policies and values, the Code of Conduct, information about how to report concerns, and advice about where to seek further information about safeguarding and safer practices across the organisation. Anyone working directly with beneficiaries on behalf of ServePlanet must receive additional training on how to receive complaints and handle them in a safe and confidential manner.

• Beneficiary Accountability: ServePlanet commits to promoting accountability towards our beneficiaries and the communities where we work by: (i) being transparent about ServePlanet programming, activities, and services beneficiaries are entitled to; (ii) raising awareness about ServePlanet's Code of Conduct, safeguarding policies, and reporting channels; (iii) actively seeking feedback from communities on ServePlanet's work, individual behaviours, and complaints; and (iv) presenting feedback to communities on what changes have been made resulting from community feedback - ideally by a senior ServePlanet representative. The above steps should occur regularly throughout the lifecycle of the programme or activity.

• Safe Programming: ServePlanet Employees and Related Personnel are required to take proactive measures to avoid causing inadvertent harm to civilians, contribute to actively reduce existing threats and ensure programmes are conflict sensitive. This includes embedding good practice and SHEA prevention measures throughout the programme and project cycle, including project design, grant proposals, assessments, complaints and feedback mechanisms, and monitoring and evaluation.

4.  Roles & Responsibilities

• All ServePlanet Employees and Related-Personnel: Everyone who works on behalf of ServePlanet is required to report any suspicions or incidences of SHEA of others. Failure to report to a relevant person suspicion of SHEA relating to someone else is a breach of ServePlanet's policy, and could lead to disciplinary action being taken against employees and the termination of ServePlanet's relationship with non-employees. There is no obligation for an individual to report any incident that has happened to them.

• Trustees: ServePlanet Trustees, hold overall accountability for this policy and its implementation.

• Manager Catalysts: Responsible for promoting awareness of this policy with people they manage and for supporting/developing systems that create and maintain a safe working environment. This also includes the responsibility for ensuring that all staff and Related Personnel receive regular PSEA trainings, with a particular emphasis on staff who are in direct contact with the people we serve. Manager Catalysts should prioritize PSEA awareness raising for themselves and their divisions, individual departments or teams, and provide budget lines for some activities. 

5. Raising a complaint or concern

ServePlanet Employees and Related Personnel have a responsibility to report any suspicion or concern of SHEA. Any individual can raise a concern/complaint to ServePlanet about an incident they have experienced, witnessed, or heard about concerning a ServePlanet staff member or partner (suppliers, partners, contractor, etc.) without fear of retribution. ServePlanet Employees and Related Personnel must not investigate allegations or suspicions themselves.

a. Reporting Channels

Anyone (including ServePlanet's beneficiaries) can raise a concern or make a complaint to ServePlanet about something they have experienced or witnessed without fear of retribution. You can do this verbally or in writing or using the guidelines of Whistleblower Policy.

b. Confidentiality

Complaints can be made anonymously. Every effort will be made to maintain confidentiality throughout the complaints process. Information that identifies individuals involved in a complaint will be limited to essential personnel and will not be shared further without obtaining the informed consent of those involved, except if someone's life is at risk, a child is at risk, or as required by law in consultation with legal counsel and where safe to do so. Non-identifying information will be shared as per reporting requirements.

Staff involved in the complaints process will be made aware of the importance of maintaining confidentiality and may be asked to sign a confidentiality agreement. Employees who breach confidentiality may be subject to disciplinary action up to and including termination of employment, and others who work with ServePlanet may have their relationship with ServePlanet terminated. In some cases, such breaches may constitute breaking the law.

c. Retaliation against Complainants, Survivors and Witnesses

ServePlanet will take action against anyone, whether they are the subject of a complaint or not, who seek or carry out retaliatory action against complainants, survivors or other witnesses. Employees may be subject to disciplinary action, up to and including termination of employment. Others who work with ServePlanet may have their relationship with ServePlanet terminated.

d. Complaints about ServePlanet's Partners

Where ServePlanet receives a complaint about a partner organisation, ServePlanet will expect the partner to respond safely, quickly and appropriately. ServePlanet will assist the partner to ascertain its reporting obligations.

Where appropriate, ServePlanet will work with the partner to address the issue through an appropriate independent investigation. If the outcome is that abuse has occurred, ongoing work with the partner cannot involve the individual(s) concerned. If there is reason to believe that an allegation of abuse has been dealt with inappropriately by a partner, then they risk withdrawal of funding or ending the relationship (including networks and consortia).

e. Receiving Complaints about External Organisations/Bodies

Safeguarding complaints raised to ServePlanet about other organisations/bodies should be referred to the affiliate safeguarding teams, who will report cases to the relevant organisations involved where safe to do so, as well as local PSEA working groups, networks, and/or the charity commission/police/donors where appropriate and safe to do so. ServePlanet will not investigate cases related to other organisations, but does have an obligation to report.

6. Communication

e-mail: serveplanet@outlook.com

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