Compassiviste Foundation promotes the human rights and dignity of all people, especially the vulnerable, and is committed to protecting women, girls, men and boys at risk, and taking action against those who abuse their position of power, even if they are Compassiviste Foundation staff.

Compassiviste Foundation has a zero-tolerance policy with respect to sexual exploitation and abuse. This includes any sexual activity with minors, or any actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions; any actual or attempted abuse of a position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. This includes acts of transactional sex, solicitation of transactional sex, and exploitative relationships.

Compassiviste Foundation shall comply with all applicable laws, including any relevant United Kingdom laws and any applicable laws in the countries where Compassiviste Foundation operates concerning the protection from sexual abuse, violence and harm, and those outlining measures for reporting known or alleged cases of abuse.

Definitions

The first six definitions come from the UN Secretary General bulletin on Special Measures for Protection from Sexual Exploitation:

Sexual exploitation means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Sexual abuse means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

Compassiviste Foundation staff: Refers to any Compassiviste Foundation employee, volunteer, contractor or any other person who works for or represents Compassiviste Foundation, whether or not s/he is compensated monetarily and regardless of the type or duration of their contract.

Beneficiary: Any girl, woman, boy or man who receives assistance as part of either relief or development aid programs.

Protection form Sexual Exploitation and Abuse (PSEA) Focal Person: The person charged with carrying out PSEA activities, coordinating with interagency operations and promoting PSEA within Compassiviste Foundation.

Investigator: A person that is recognized as an expert on sex crimes investigations, data protection, privacy and confidentiality.

Compassiviste Foundation recognizes the six core principles promoted by the Inter-Agency Standards Committee (IASC) for protection from sexual exploitation and abuse and adopts them as follows:

Termination of Employment

Sexual exploitation and abuse constitutes gross misconduct and therefore is grounds for termination of employment and engagement.

Sexual Activity with Children

As per the Compassiviste Foundation Child Protection Policy, sexual activity with children (persons under the age of 18) is prohibited. Sexual activity with children is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defence. Violators will be terminated and reported to police.

Transactional Sex and Activities

Exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour is prohibited. This includes exchange of assistance that is due to beneficiaries. Violators will be terminated.

Sexual Relationships Between Compassiviste Foundation Staff and Beneficiaries

Sexual relationships between Compassiviste Foundation staff and beneficiaries is strictly prohibited. They are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of aid work. Violators will be terminated.

Mandatory Reporting

All Compassiviste Foundation staff are responsible for the prevention of sexual exploitation and abuse and are subject to a mandatory reporting obligation. Where a Compassiviste Foundation staff member develops concerns or suspicions regarding sexual exploitation or abuse by a fellow worker, whether in the same agency or not, he or she must report such concerns to the PSEA Focal Person, whom shall be a Trustee of Compassiviste Foundation, or to the in-country PSEA Network, where established, following its Standard Operating Procedures. Failure to report and protect beneficiaries from sexual exportation and abuse is grounds for termination. Staff members must cooperate with Compassiviste Foundation in any investigations. Compassiviste Foundation shall also report any such behaviour to local authorities as appropriate.

Senior Management Responsibility

Compassiviste Foundation staff are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct. Compassiviste Foundation managers at all levels have particular responsibilities to support and develop systems which maintain this environment, including upholding and enforcing the Protection from Exploitation and Abuse policy.

Project Leaders’ Responsibility

All Compassiviste Foundation project leaders will be trained in PSEA. In the event protection programming is not mobilised during the response, a temporary sector lead can hold the role of PSEA Focal Person until a protection team leader is mobilised.

Protection of Whistle-blowers and Complainants

Retaliatory action against a complainant or a Compassiviste Foundation staff member who submits a complaint is prohibited and is considered gross misconduct that could lead to termination of employment. Reports must be made in good faith and, if so, no action will be taken against the reporting staff member, even if the allegation proves unfounded upon investigation. However, if a staff member knowingly and wilfully reports false or malicious information regarding another staff member, such false reports may lead to disciplinary action, up to and including employment termination.

Complaints Mechanism

Complainant or whistle-blower is responsible for:

• Reporting the incident to the PSEA Focal Person. If the PSEA Focal Person is the potential perpetrator, the complaint may be made directly to the Country Director.

PSEA Focal Person is responsible for:

• Confidentially receiving the complaint and recording pertinent details from the complainant
• Understanding the local laws relating to rape, sexual assault, trafficking and child abuse
• Ensuring the availability of an investigator (ensuring list is up-to-date and operational)
• Ensuring all senior managers and leaders are trained in the standards set by the PSEA Policy within one month of employment
• Ensuring all sector teams have received training on PSEA
• Representing Compassiviste Foundation at PSEA network meetings
• Ensuring the review of all reports of sexual exploitation and abuse have commenced within one week of receiving the report
• Based on a review, making a decision that the complaint meets the threshold of reasonable suspicion of PSEA warranting investigation
• Engaging an Investigator from the list in Annex 1 to conduct an investigation
• Supporting the visit and investigation of the Investigator
• Convening the Compassiviste Foundation Misconduct Panel upon the completion of the investigation by the Investigator
• Ensuring the complainant is consulted and has been referred to medical, shelter, and/or psychosocial support services as needed
• Produce yearly reports on PSEA complaints and disciplinary action taken

The Country Director is responsible for:

• Appointing a PSEA Focal Person
• Ensuring all Compassiviste Foundation staff have signed the PSEA policy before the commencement of their duties
• Working with the PSEA Focal Person to ensure all team members have been trained in PSEA
• Supporting the visit and investigation of the Investigator
• Ensuring the decision of the Compassiviste Foundation Misconduct Panel is carried out.

Compassiviste Foundation’s Misconduct Panel will:

• Be comprised of the following staff members:
  o Country Director
  o PSEA Focal Person
  o Head of Human Resources
•  Be based locally to the operations
• Convene within 4 weeks of a report being made
• Make a decision on the investigation report from an Investigator
• Make a decision regarding what non-monetary support, if any, will be provided to the complainant

Mandatory Response

Any Compassiviste Foundation staff member that receives a report of sexual exploitation and abuse must forward the report to the PSEA Focal Person or the Country Director.

Mandatory Review

The PSEA Focal Person is charged with the responsibility of reviewing all complaints and referring investigations to an Investigator.

Presentation of Investigation to the Compassiviste Foundation Misconduct Panel

Upon the completion of the investigation, the Investigator will present a report to Compassiviste Foundation’s Misconduct Panel.

Action to be taken:

1. Gross Misconduct
   A finding of gross misconduct is grounds for termination.
2. Suspected Criminal Offence
   Any complaint made against a Compassiviste Foundation staff member that is of a potentially criminal nature under local laws will also, in the best interests and with the informed consent of the survivor, be referred to the police by the Compassiviste Foundation Country Director. Criminal offenses could include, but not be limited to, complaints of rape, trafficking and sex with children.
3. Failure to Uphold Mandatory Reporting
   Failure of Compassiviste Foundation staff to report exportation or abuse of beneficiaries is grounds for termination.

Confidentiality

All complaints will be treated as confidential. In the event that the complainant is a child, the parents or guardian of the child will be engaged, but the best interests of the child will be the guiding principle.

Amendments

Amendments to the PSEA policy (and all policy) is the responsibility of Compassiviste Foundation’s board of directors.