XU-AdC PDC Equity Policy
Adapted from the Equity Policy and Process of Berklee University and the Anti-Sexual Harassment Act Policy of Xavier University- Ateneo de Cagayan.
Xavier University- Ateneo de Cagayan Parliamentary Debate Circle is the official parliamentary debate organization of Xavier University- Ateneo de Cagayan. The organization places high value towards diversity, inclusiveness, and the provision of safe spaces for its current members.
The following Equity Policy and Process was designed to further the goals of XU-AdC PDC of inclusion, respect, and equity among its members, and affirms the commitment of the organization to always promote fairness and equity in all aspects of the organization.
The following Equity Policy and Process was designed to further the goals of XU-AdC PDC of inclusion, respect, and equity among its members, and affirms the commitment of the organization to always promote fairness and equity in all aspects of the organization.
EQUITY POLICY
This policy prohibits acts of discrimination, harassment, and sexual misconduct, including, but not limited to: sexual assault or harassment, domestic/dating violence, stalking, corruption, violation of consent, abuse of power, and spreading of malicious information. Such acts undermine the Circle’s values and shouldn’t be tolerated within the organization. This policy and the institution’s commitment to fostering a safe, supportive, and diverse climate is a fundamental part of our organization where all can work together in an environment of equal opportunity, inclusiveness, and mutual respect.
This intends to address and resolve complaints involving any equity violations that may arise in the organization. This policy and its related procedures apply equally to all of the cases that might happen in the future.
Specifically, this policy and process prohibits and addresses discrimination and harassment based on age, ancestry, color, disability, gender, gender expression/identity, genetic information, marital status, mental illness, national and ethnic origin, pregnancy, race, religion, sex, sexual orientation, transgender status, or any other characteristic protected by law (collectively referred to as “protected characteristics”), whether that characteristic is actual or perceived, corruption, spreading of malicious information, and abuse of power. Further details of other misconducts are also covered under this policy.
PART I. Applicability and Scope
Section 1. Who - This policy applies generally to:
Section 2. Where - This policy applies to:
Section 3. What- This policy applies to:
Section 4. When- This policy applies regardless of the length of time since the conduct has occurred. However, XU-AdC PDC encourages immediate reports of incidents as soon as possible in order to maximize the ability to obtain evidence and conduct a thorough investigation. Disciplinary action can generally only be taken against a responding party as long as that person is affiliated with the Circle.
Although the disciplinary actions are limited, the Circle recognizes its steps to attempt to end the harassment, address its effects, and prevent its recurrence. Any responding party who is found responsible may be removed or prohibited from joining the future events (official and/or non-official) of the Circle or to its greatest extent, prohibited from representing the name of the organization at all aspects regardless of status.
The Chief Equity Officer along with the Equity Committee will oversee this policy and implementation of the Equity Complaint Process. In addition to coordinating the Equity Process generally, the Chief Equity Officer is charged with the responsibility of addressing complaints of sexual misconduct, coordinating investigations, overseeing sanctioning, facilitating the trial, and providing appropriate measures that protect the best interest of the organization.
PART II. Prohibited Conduct and Definitions
Section 5. Discrimination
Discrimination includes any conduct that excludes an individual from participation, denies the individual benefits, treats the individual differently, or otherwise adversely affects a term of condition of an individual’s organization environment and overall participation in the Circle on the basis of the affected individual’s actual or perceived protected characteristic. Examples of discrimination include, but are not limited to:
Section 6. Harassment
Harassment is an offensive conduct that occurs on the basis of the affected individual’s actual or perceived characteristic.
6.1. Forms of Sexual Harassment. Sexual harassment may consist and may be classified according to physical, verbal, visual and other forms. These acts may be committed by a male to another male or a female to another female.
6.2. Basic Types of Sexual Harassment. The following are considered basic types of sexual harassment:
6.2.1. Quid pro quo sexual harassment occurs when submission to or rejection of unwelcome sexual advances, requests to engage in sexual conduct and other physical and expressive behavior of a sexual nature is used as the basis for decisions that relate to the overall functions of the Circle (such as giving higher try-outs score during training, granting of subsidies, allowance or other benefits, privileges of considerations.)
Quid pro quo sexal harassment cases are hereby classified as grave.
6.2.2. Hostile or offensive sexual harassment occurs when unwelcome sexual conduct unreasonably interfered with an individual’s job performance or creates an indimidating hostile or offensive environment for the ogranization.
Hostile or offensive sexual harassment cases are hereby classifieda s grave or less grave depending on the reasonable man/woman standards adopted by the Equity Committee.
6.3. Reasonable Man/Woman Standard. In the view of the fact that the perceptions of men and women may differ as to what constitutes harmless fun and what constitutes offensive conduct, the Equity Committee shall adopt a “reasonable man/woman” rather than a “reasonable person” standard to determine whether or not conduct is unwelcome and sufficiently pervasive to amount to sexual harassment. Under this standard, the proper focus is on the victim’s perspective of the given conduct and thus, in the typical cae, a sexual harassment claim is proven if a reasonable man or woman would consider the harassment hostile or offensive.
Section 7. Sexual Misconduct
Sexual misconduct is a broad term which encompasses, but is not limited to, sex or gender discrimination, sexual assault, sexual violence, nonconsensual penetrative sex acts, sexual harasment, gender-based harassment, and sexual exploitation, coercion and intimidation. Conduct defined below violated the Circle policy, regardless of whether the conduct rises to the level of violating the law.
Section 8. Sex-Based Harassment
8.1. Sex-based harassment
It is a form of sex discrimination and sexual misconduct that includes sexual harassment and gender-based harassment.
Such conduct is harassment when:
8.1.1. It is made a condition of circle status and overall performance
8.1.2. Refusing or submitting to the conduct is used as a basis for circle status and performance decisions
8.1.3 The conduct has the purpose or effect of unreasonably interfering with an individual's status and performance. Interference with organization performance may include interfering with an individual’s rights to access their living environment and non-circle related activities.
8.2 Sexual Harassment
It is a form of sex-based harassment and sexual misconduct that involves unwelcome or unwanted conduct of a sexual nature. It can include unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature.
8.3 Gender-based Harassment
It is an unwelcome conduct of a nonsexual nature based on an individual’s actual or perceived sex, inlcuding conduct based on gender identity, gender expression, and non conformity with gender stereotypes. It is a form of sex-based harassment and sexual misconduct.
Sexual and gender-based harassment can be directed towards a person of any sex/gender by someone of any sex/gender and can take many forms.
Some examples of unwelcome or unwanted conduct that could constitute sexual or gender-based harassment depending upon the totality of the circumstances include, but are not limited to:
Sexual or gender-based harassment can occur between:
Section 9. Sexual Assault
Sexual assault is actual or attempted sexual contact with another person without that person’s consent, whether by an acquaintance or by a stranger, and it is a form of sexual violence. There are many degrees and forms of sexual assault, including, but not limited to, non-consensual sexual contact and nonconsensual penetrative sexual acts, including but not limited to forcible sexual intercourse, sexual battery, sexual coercion, forcible sodomy, forcible oral copulation, sexual assault with an object, forcible fondling, and threat of sexual assault.
9.1. A non-consensual penetrative sex act includes any form of sexual intercourse (anal, oral, or vaginal) with any body part or object without consent. Intercourse includes, but is not limited to, vaginal or anal penetration, however slight, by a penis, object, tongue, or finger; or mouth-to-genital contact.
9.2. Non-consensual sexual contact involves intentional and unwelcome sexual touching, however slight, usually, but not necessarily, involving contact with genitals, breasts, groin, or buttocks by a body part or object, that is without consent. Sexual touching includes, but is not limited to, intentional contact with someone’s breasts, buttocks, groin, or genitals; touching someone else with any of these body parts; making someone touch you or themselves on these same body parts; or intentional physical contact in a sexual manner, even if it does not involve contact with or by these body parts.
Section 10. Violation of Consent
Consent is giving clear permission, by words or actions, to engage in mutually agreed-upon specific sexual contact. It must be informed, voluntary, and mutual, and can be withdrawn at any time. Consent must exist from the beginning to the end of each instance of sexual activity and for each form of sexual contact. Consent is an active and ongoing choice to knowingly, and without pressure, engage in a sexual encounter. For consent to exist, each individual involved in a sexual encounter must obtain consent prior to any sexual activity and any change or escalation in sexual activity.
10.1. In the absence of mutually understandable words or actions, the person who wants to engage in a specific sexual activity or the initiator of that activity is responsible to make sure they have consent from their partner.
10.2. A verbal “no,” even if it may sound indecisive or insincere, constitutes a lack of consent.
10.3. An individual’s silence, appearance, dress, sexual history, current sexual relationship, or use of alcohol or drugs do not indicate consent.
10.4. Consent can never be given if a person is incapacitated, drugged, asleep, unconscious, or impaired because of a physical or mental condition, or is under the legal age to give consent
10.5. An individual may also be unable to give consent due to an intellectual, developmental, or other disability that impairs their ability to give consent.
10.6. Past sexual activity does not imply future and/or ongoing consent. The fact that people are in an ongoing relationship does not eliminate the possibility of sexual misconduct within that relationship.
10.7. An individual’s use of alcohol and/or other drugs does not diminish that individual’s responsibility to obtain consent.
10.8. Consent is not effective if it results from the use or threat of physical force, deception, manipulation, lying, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise their own free will to choose whether or not to have sexual contact.
10.9. If, during the sexual activity, any confusion or ambiguity arises as to the willingness of a person to proceed, all parties should stop and clarify willingness to continue with the sexual encounter.
10.10. Either party may withdraw consent at any time. Once withdrawal of consent has been expressed, sexual activity must cease.
Section 11. Incapacitation
Incapacitation occurs when an individual is asleep, unconscious, losing or regaining consciousness, or otherwise unable to make informed rational judgments and decisions because of their current circumstances. If alcohol or other drugs are involved, incapacitation may be measured by evaluating how the substance affects a person’s decision-making capacity, awareness, and ability to make informed judgments. The impact of alcohol and other drugs varies from person to person; however, warning signs of possible incapacitation include, but are not limited to, slurred speech, unsteadiness, impaired coordination, inability to perform personal tasks such as undressing, inability to maintain eye contact, vomiting, and sudden change in emotion. When alcohol is involved, incapacitation is a state beyond intoxication. With regard to consent, the question is whether the responding party knew, or a sober, reasonable person in the position of the responding party should have known, that the other person was incapacitated.
Section 12. Coercion
Coercion includes the use of pressure or oppressive behavior, including expressed or implied threats of harm, or severe or pervasive emotional intimidation, which places an individual in fear of immediate or future harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion includes administration of a drug, intoxicant, or similar substance for the purpose of impairing a person. A person’s words or conduct amount to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity. In assessing whether coercion was used, the frequency, duration, and intensity of the pressure applied will be taken into consideration. If sexual acts were preceded by threats or coercion, there is no consent.
Section 13. Sexual Exploitation
Sexual exploitation occurs when one person takes sexual advantage of another person for the benefit of anyone other than that other person and without that other person’s consent. Examples of behavior that could rise to the level of sexual exploitation include, but are not limited to,
13.1. Prostituting another person;
13.2. Recording or distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;
13.3.Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire;
13.4. Knowingly or recklessly exposing another person to a significant risk of sexually transmitted infection; or
13.5. Administering alcohol or drugs (such as “date rape” drugs) to another person without that person’s knowledge or consent
Section 14. Relationship Violence
Relationship violence (also known as dating violence or domestic violence) refers to actual or threatened violence or manipulative behavior by a person who is or was in an intimate, dating, or domestic relationship with the person subject to such behavior. Relationship violence can include actual or threatened violence or manipulative behavior to the subject’s family and friends. Relationship violence can also involve domestic violence committed by a person with whom the person subject to the violence shares a child or domicile in common. The existence of a relationship will be gauged by its length, type, and frequency of interaction.
Relationship violence includes, but is not limited to:
14.1. Physical violence, such as kicking, hitting, pinching, choking, or biting;
14.2. Sexual violence, such as forcing a partner to take part in a sex act when the partner does not consent;
14.3. Emotional violence, such as isolation, intimidation, belittling, stalking, “outing” someone against that person’s will, cyber-bullying/harassment, or threat of physical force; or
14.4. Economic abuse, such as withholding financial resources to intimidate, threaten, or cause a person to remain in a relationship because of access to finances.
Section 15. Stalking
Stalking is defined as a persistent, unwanted or unwelcome, and repeated course of conduct that would cause a reasonable person to become fearful for their own safety or the safety of another, or suffer substantial emotional distress. Stalking includes “cyber stalking,” a form of stalking over an electronic medium such as the internet, social networks, blogs, cell phones, texts, or other similar devices.
Examples of stalking include, but are not limited to:
15.1. Following a person(s); Repeatedly appearing at a person’s home, work, or class;
15.2. Making frequent phone calls, emails, texts, etc. to a person(s);
15.3. Leaving written messages or objects for a person(s); or
15.4. Vandalizing a person’s property
Anyone can be stalked, regardless of sex or gender. A stalker can be an intimate partner or former partner, classmate, roommate, professor, co-worker, any acquaintance, or a stranger.
Section 16. Hate Crimes
For the purpose of this policy, a “hate crime” is defined as violence to a person or damage to property or any other criminal act that is motivated entirely or partly by hostility toward or intolerance of another’s actual or perceived protected characteristic. Hate crimes are not limited to actual completed crimes but may also be threatened or attempted crimes and may include assault and battery, vandalism, or other destruction of property, or verbal threats of physical harm. Harassment or intimidation may also be a hate crime when intended to interfere with a person's civil rights.
Section 17. Corruption
Corruption refers to the direct and/or indirect action to misappropriate the organization’s funds. Corruption can be manifested but not limited to, excessive spending without the proper authorization and transparency, inability to follow the proper accounting principles that uphold faithful representation and objectivity when presenting the necessary financial statements that relate to circle matters, spending funds that don’t coincide with the best interests of the organization.
Section 18. Spreading Malicious Information
For the purpose of this policy, Spreading of Malicious Information happens when it happens around the context of defaming someone in the organization or the organization itself. This can be through slander, wherein there is a spoken statement that poses a significant harm to someone’s character or reputation, or through libel, wherein it is a written statement that causes similar harm. An essential element of spreading malicious information is that the statements are not only harmful, but untrue and/or weren't consented to be stated for the knowledge of other parties. There is a clear intent to damage and destroy the reputation of an individual/organization by publishing statements that are false and/or unconsented to be released to begin with.
Section 19. Abuse of Power
Abuse of Power happens when people in authority use their leverage and position of power given by the organization to gain a particular benefit that is inimical to the best interests of the organization or the well-being of the affected individual. These are people who exploit their power to their own advantage. This can range from acts to corruption, using their position to further forward their status in the organization in an unjustified way, or actions that inflict unnecessary fear towards the members in order to maintain position.
Section 20. Retaliation
Retaliation is any conduct or behavior that interferes with a person’s rights and ability to pursue both internal disciplinary processes and charges through external law enforcement authorities, as well as rights to access education and/or work. Retaliation may include intimidation, threats, coercion, or adverse actions that directly affect one’s participation in the Circle. Retaliation includes taking, or causing third parties to take, any such action. Retaliation against a reporting party or witness may be violating Circle policy even if the original complaint of misconduct cannot be substantiated.
The Circle prohibits retaliation against any person who, in good faith, reports, assists in reporting, or participates in an investigation of possible discrimination, harassment, or sexual or gender-based misconduct. Retaliation against an individual for reporting a complaint or concern about a violation or suspected violation of this policy, for supporting a reporting party, or for assisting in providing information in the context of an investigation or disciplinary proceeding pursuant to this policy is a serious violation of the Circle’s policy and will be subject to discipline pursuant to this policy and the Equity Complaint Process. Incidents of suspected retaliation should be reported to the investigator(s) assigned to the matter or to any individual identified below in the Formal Reporting to the Circle.
PART III. Offenses and Corresponding Administrative Sanctions
If an investigation results in a finding that the responding party violated the Equity Policy, the Circle Equity Committee will determine a disciplinary sanction that is appropriate based on the circumstances. The goal of sanctions is to: (1) end the misconduct or harassment; (2) remedy its effects on the reporting party and/or the Circle; and (3) take reasonable steps calculated to prevent its recurrence.
Section 20. Possible Sanctions
Sanctions for sexual misconduct may range from a formal warning, probation, suspension, expulsion, or declaring Persona Non-Grata.
Sanctions may also require that existing interim measures stay in place for a prescribed period of time. Likewise, sanctions may involve the imposition of new remedies, such as no contact orders, disciplinary probation, suspension of membership, based upon the facts developed during the investigation and the conclusions reached in the case.
Below is a list of potential sanctions. While these represent sanctions generally assessed, the Circle may take other measures not mentioned here, depending on the particular circumstances of a case:
Member responding party:
Alumni/Coach/Non-Member responding party:
Section 21. Determination of Sanctions
The Circle encourages individuals who have been subjected to a violation of this policy or who have witnessed such a violation to talk to a trusted Circle member about what happened – so they can get the support they need and so the Equity Committee can respond appropriately.
Sanctions will be determined by the Equity Committee to be led by the Chief Equity Officer . In determining the appropriate sanctions, the Committee will be guided by factors, including but not limited to the nature, severity, and circumstances of the violation; disciplinary history and previous acts of similar misconduct; the need for sanctions to bring an end to and prevent recurrence of discrimination, harassment, or retaliation; the need to remedy the effects of the discrimination, harassment or retalitation on the reporting party and the community; and any other factors deemed relevant.
The current Equity Committee has the full privilege and authority to determine the necessary sanctions of the case.
PART IV. Committee on Decorum and Investigation
Section 22. The Equity Committee shall be the sole authorized body who will conduct the investigation of alleged cases constituting sexual harassment. The Equity Committee shall be composed of the current administration of the Circle to be headed by the appointed Chief Equity Officer.
In cases of grave equity violations, the Committee can consult and seek guidance from professionals and/or other parties that deem necessary to ensure impartiality of the decision.
PART V. Procedural Due Process Standards
Section 23. Upon receiving the equity complaint, an initial investigation will be conducted. The initial investigation may be conducted through informal means, such as but not limited to,
Further investigation is warranted under the following standards:
If further investigation is warranted, the following procedure must be followed:
Section 24. Complaint and Reporting System
24.1. Who May File.
Victims may report or file complaints of the equity violation. In the case where the victim is a minor, the parent, older sibling, or legal guardian may file in his/her stead.
24.2. Complaint
If under further investigation, the complaint must be in writing. It must contain the following:
If the complaint does not comply with the foregoing, the Chair shall require the complainant to comply in writing within seven (7) days from the receipt of notice; otherwise, the complaint shall not be acted upon.
The complainant may submit any evidence they possess, including affidavits of witnesses and pertinent documents. A withdrawal of the complaint made or filed at any stage of the proceedings shall not preclude the committee from proceeding with the investigation of the case.
24.3. Respondent’s Answer
24.4. Complainant’s Reply
The complainant may file a reply within five (5) days from the receipt of the respondents answer.
24.5. Hearing
Section 25. Motion for Reconsideration
Either party may file a motion for reconsideration to the Equity Committee at any time from the receipt of the copy of the decision on the basis that new evidence has been discovered which materially affects the decision.
Should any party appeal the decision, the Equity Committee will reassess the case within 30 calendar days. After which, the decision shall be final and executory.
Section 26. Confidentiality of Proceedings
The proceedings of all cases shall be private and confidential.
Approved on March 31, 2021.
Effective on May 31, 2021.
- Non-Discrimination, Harassment, and Sexual Misconduct Policy Statement
This policy prohibits acts of discrimination, harassment, and sexual misconduct, including, but not limited to: sexual assault or harassment, domestic/dating violence, stalking, corruption, violation of consent, abuse of power, and spreading of malicious information. Such acts undermine the Circle’s values and shouldn’t be tolerated within the organization. This policy and the institution’s commitment to fostering a safe, supportive, and diverse climate is a fundamental part of our organization where all can work together in an environment of equal opportunity, inclusiveness, and mutual respect.
This intends to address and resolve complaints involving any equity violations that may arise in the organization. This policy and its related procedures apply equally to all of the cases that might happen in the future.
Specifically, this policy and process prohibits and addresses discrimination and harassment based on age, ancestry, color, disability, gender, gender expression/identity, genetic information, marital status, mental illness, national and ethnic origin, pregnancy, race, religion, sex, sexual orientation, transgender status, or any other characteristic protected by law (collectively referred to as “protected characteristics”), whether that characteristic is actual or perceived, corruption, spreading of malicious information, and abuse of power. Further details of other misconducts are also covered under this policy.
PART I. Applicability and Scope
Section 1. Who - This policy applies generally to:
- All members of Xavier University- Ateneo de Cagayan Parliamentary Debate Circle; including alumni, coaches, and individuals who have direct affiliations with the circle;
- Alleged misconduct by third parties where their conduct is directed toward or otherwise affects or may affect the Circle members;
- Reports by third parties against a current member of the Circle, where, in the Chief Equity Officer along with the Equity Committee, the conduct described in the complaint constitutes a sufficient present or future risk to the organization to warrant further review.
Section 2. Where - This policy applies to:
- Conducts that occur on-campus, including online or electronic conduct initiated or received while bringing the name of the the organization; and
- Conducts that occur off-campus, including online or electronic conduct, when the conduct:
- Occurs in the context of bringing the name of the organization during an off-campus event (i.e, tournaments, community building events, etc.) official or non-official;
- Has the effect of continuing adverse effects on the name of the Organization, including adverse impacts on any member of the Circle itself;
- Causes concern for the safety and/or security of the members of the Organization;
- Has, or may have, the effect of contributing to or continuing a hostile and dangerous environment in official/non-official Circle events.
Section 3. What- This policy applies to:
- All forms of prohibited conduct defined below, including, but not limited to, discrimination, harrasment, sexual misconduct, sexual assault, dating and domestic violence, stalking, abuse, corruption, spreading malicious information;
- Any other policy violation related to discrimination on the basis of a protected characterisitc may merit an Equity Complaint Process;
- Protected characteristics include age, ancestry, color, disability, gender, gender expression/identity, genetic information, marital status, mental illness, national and ethnic origin, pregnancy, race, religion, sex, sexual orientation, transgender status, or any other characteristic that is actual or perceived.
Section 4. When- This policy applies regardless of the length of time since the conduct has occurred. However, XU-AdC PDC encourages immediate reports of incidents as soon as possible in order to maximize the ability to obtain evidence and conduct a thorough investigation. Disciplinary action can generally only be taken against a responding party as long as that person is affiliated with the Circle.
Although the disciplinary actions are limited, the Circle recognizes its steps to attempt to end the harassment, address its effects, and prevent its recurrence. Any responding party who is found responsible may be removed or prohibited from joining the future events (official and/or non-official) of the Circle or to its greatest extent, prohibited from representing the name of the organization at all aspects regardless of status.
The Chief Equity Officer along with the Equity Committee will oversee this policy and implementation of the Equity Complaint Process. In addition to coordinating the Equity Process generally, the Chief Equity Officer is charged with the responsibility of addressing complaints of sexual misconduct, coordinating investigations, overseeing sanctioning, facilitating the trial, and providing appropriate measures that protect the best interest of the organization.
PART II. Prohibited Conduct and Definitions
Section 5. Discrimination
Discrimination includes any conduct that excludes an individual from participation, denies the individual benefits, treats the individual differently, or otherwise adversely affects a term of condition of an individual’s organization environment and overall participation in the Circle on the basis of the affected individual’s actual or perceived protected characteristic. Examples of discrimination include, but are not limited to:
- Denying a member’s performance opportunity because of their race/gender/speaking capabilities or other protected characteristic;
- Giving a member a lower speaker score than deserved because of race/gender/speaking capabilities or other protected characteristic;
Section 6. Harassment
Harassment is an offensive conduct that occurs on the basis of the affected individual’s actual or perceived characteristic.
6.1. Forms of Sexual Harassment. Sexual harassment may consist and may be classified according to physical, verbal, visual and other forms. These acts may be committed by a male to another male or a female to another female.
6.2. Basic Types of Sexual Harassment. The following are considered basic types of sexual harassment:
6.2.1. Quid pro quo sexual harassment occurs when submission to or rejection of unwelcome sexual advances, requests to engage in sexual conduct and other physical and expressive behavior of a sexual nature is used as the basis for decisions that relate to the overall functions of the Circle (such as giving higher try-outs score during training, granting of subsidies, allowance or other benefits, privileges of considerations.)
Quid pro quo sexal harassment cases are hereby classified as grave.
6.2.2. Hostile or offensive sexual harassment occurs when unwelcome sexual conduct unreasonably interfered with an individual’s job performance or creates an indimidating hostile or offensive environment for the ogranization.
Hostile or offensive sexual harassment cases are hereby classifieda s grave or less grave depending on the reasonable man/woman standards adopted by the Equity Committee.
6.3. Reasonable Man/Woman Standard. In the view of the fact that the perceptions of men and women may differ as to what constitutes harmless fun and what constitutes offensive conduct, the Equity Committee shall adopt a “reasonable man/woman” rather than a “reasonable person” standard to determine whether or not conduct is unwelcome and sufficiently pervasive to amount to sexual harassment. Under this standard, the proper focus is on the victim’s perspective of the given conduct and thus, in the typical cae, a sexual harassment claim is proven if a reasonable man or woman would consider the harassment hostile or offensive.
Section 7. Sexual Misconduct
Sexual misconduct is a broad term which encompasses, but is not limited to, sex or gender discrimination, sexual assault, sexual violence, nonconsensual penetrative sex acts, sexual harasment, gender-based harassment, and sexual exploitation, coercion and intimidation. Conduct defined below violated the Circle policy, regardless of whether the conduct rises to the level of violating the law.
Section 8. Sex-Based Harassment
8.1. Sex-based harassment
It is a form of sex discrimination and sexual misconduct that includes sexual harassment and gender-based harassment.
Such conduct is harassment when:
8.1.1. It is made a condition of circle status and overall performance
8.1.2. Refusing or submitting to the conduct is used as a basis for circle status and performance decisions
8.1.3 The conduct has the purpose or effect of unreasonably interfering with an individual's status and performance. Interference with organization performance may include interfering with an individual’s rights to access their living environment and non-circle related activities.
8.2 Sexual Harassment
It is a form of sex-based harassment and sexual misconduct that involves unwelcome or unwanted conduct of a sexual nature. It can include unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature.
8.3 Gender-based Harassment
It is an unwelcome conduct of a nonsexual nature based on an individual’s actual or perceived sex, inlcuding conduct based on gender identity, gender expression, and non conformity with gender stereotypes. It is a form of sex-based harassment and sexual misconduct.
Sexual and gender-based harassment can be directed towards a person of any sex/gender by someone of any sex/gender and can take many forms.
Some examples of unwelcome or unwanted conduct that could constitute sexual or gender-based harassment depending upon the totality of the circumstances include, but are not limited to:
- Lewd remarks, whistles, or personal reference to one’s anatomy
- Visual displays of degrading sexual images
- Unwanted physical contact such as patting, pinching, or constant brushing against a person’s body
- Subtle or overt pressure for sexual favors;
- Persistent and offensive sexual jokes and comments or requests for dates;
- Email, text or social media messages of an offensive sexual nature;
- Use of sexual epithets, written or oral references to sexual conduct, gossip regarding one’s sex life, and comments on an individual’s body, sexual activity, deficiencies or prowess, and/or conformity to expected notions of gender;
- Sexual exhibitionism;
- Inquiries into one’s sexual activities; and
- Sexual violence of any type.
Sexual or gender-based harassment can occur between:
- Coach and member;
- Officers and member;
- Officer and officer;
- Member and member;
- Alumni and alumni;
- Alumni and member;
- Alumni and officer;
- Other relationships among peers, former members, visitors, and other institutions
Section 9. Sexual Assault
Sexual assault is actual or attempted sexual contact with another person without that person’s consent, whether by an acquaintance or by a stranger, and it is a form of sexual violence. There are many degrees and forms of sexual assault, including, but not limited to, non-consensual sexual contact and nonconsensual penetrative sexual acts, including but not limited to forcible sexual intercourse, sexual battery, sexual coercion, forcible sodomy, forcible oral copulation, sexual assault with an object, forcible fondling, and threat of sexual assault.
9.1. A non-consensual penetrative sex act includes any form of sexual intercourse (anal, oral, or vaginal) with any body part or object without consent. Intercourse includes, but is not limited to, vaginal or anal penetration, however slight, by a penis, object, tongue, or finger; or mouth-to-genital contact.
9.2. Non-consensual sexual contact involves intentional and unwelcome sexual touching, however slight, usually, but not necessarily, involving contact with genitals, breasts, groin, or buttocks by a body part or object, that is without consent. Sexual touching includes, but is not limited to, intentional contact with someone’s breasts, buttocks, groin, or genitals; touching someone else with any of these body parts; making someone touch you or themselves on these same body parts; or intentional physical contact in a sexual manner, even if it does not involve contact with or by these body parts.
Section 10. Violation of Consent
Consent is giving clear permission, by words or actions, to engage in mutually agreed-upon specific sexual contact. It must be informed, voluntary, and mutual, and can be withdrawn at any time. Consent must exist from the beginning to the end of each instance of sexual activity and for each form of sexual contact. Consent is an active and ongoing choice to knowingly, and without pressure, engage in a sexual encounter. For consent to exist, each individual involved in a sexual encounter must obtain consent prior to any sexual activity and any change or escalation in sexual activity.
10.1. In the absence of mutually understandable words or actions, the person who wants to engage in a specific sexual activity or the initiator of that activity is responsible to make sure they have consent from their partner.
10.2. A verbal “no,” even if it may sound indecisive or insincere, constitutes a lack of consent.
10.3. An individual’s silence, appearance, dress, sexual history, current sexual relationship, or use of alcohol or drugs do not indicate consent.
10.4. Consent can never be given if a person is incapacitated, drugged, asleep, unconscious, or impaired because of a physical or mental condition, or is under the legal age to give consent
10.5. An individual may also be unable to give consent due to an intellectual, developmental, or other disability that impairs their ability to give consent.
10.6. Past sexual activity does not imply future and/or ongoing consent. The fact that people are in an ongoing relationship does not eliminate the possibility of sexual misconduct within that relationship.
10.7. An individual’s use of alcohol and/or other drugs does not diminish that individual’s responsibility to obtain consent.
10.8. Consent is not effective if it results from the use or threat of physical force, deception, manipulation, lying, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise their own free will to choose whether or not to have sexual contact.
10.9. If, during the sexual activity, any confusion or ambiguity arises as to the willingness of a person to proceed, all parties should stop and clarify willingness to continue with the sexual encounter.
10.10. Either party may withdraw consent at any time. Once withdrawal of consent has been expressed, sexual activity must cease.
Section 11. Incapacitation
Incapacitation occurs when an individual is asleep, unconscious, losing or regaining consciousness, or otherwise unable to make informed rational judgments and decisions because of their current circumstances. If alcohol or other drugs are involved, incapacitation may be measured by evaluating how the substance affects a person’s decision-making capacity, awareness, and ability to make informed judgments. The impact of alcohol and other drugs varies from person to person; however, warning signs of possible incapacitation include, but are not limited to, slurred speech, unsteadiness, impaired coordination, inability to perform personal tasks such as undressing, inability to maintain eye contact, vomiting, and sudden change in emotion. When alcohol is involved, incapacitation is a state beyond intoxication. With regard to consent, the question is whether the responding party knew, or a sober, reasonable person in the position of the responding party should have known, that the other person was incapacitated.
Section 12. Coercion
Coercion includes the use of pressure or oppressive behavior, including expressed or implied threats of harm, or severe or pervasive emotional intimidation, which places an individual in fear of immediate or future harm or physical injury or causes a person to engage in unwelcome sexual activity. Coercion includes administration of a drug, intoxicant, or similar substance for the purpose of impairing a person. A person’s words or conduct amount to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity. In assessing whether coercion was used, the frequency, duration, and intensity of the pressure applied will be taken into consideration. If sexual acts were preceded by threats or coercion, there is no consent.
Section 13. Sexual Exploitation
Sexual exploitation occurs when one person takes sexual advantage of another person for the benefit of anyone other than that other person and without that other person’s consent. Examples of behavior that could rise to the level of sexual exploitation include, but are not limited to,
13.1. Prostituting another person;
13.2. Recording or distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent;
13.3.Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire;
13.4. Knowingly or recklessly exposing another person to a significant risk of sexually transmitted infection; or
13.5. Administering alcohol or drugs (such as “date rape” drugs) to another person without that person’s knowledge or consent
Section 14. Relationship Violence
Relationship violence (also known as dating violence or domestic violence) refers to actual or threatened violence or manipulative behavior by a person who is or was in an intimate, dating, or domestic relationship with the person subject to such behavior. Relationship violence can include actual or threatened violence or manipulative behavior to the subject’s family and friends. Relationship violence can also involve domestic violence committed by a person with whom the person subject to the violence shares a child or domicile in common. The existence of a relationship will be gauged by its length, type, and frequency of interaction.
Relationship violence includes, but is not limited to:
14.1. Physical violence, such as kicking, hitting, pinching, choking, or biting;
14.2. Sexual violence, such as forcing a partner to take part in a sex act when the partner does not consent;
14.3. Emotional violence, such as isolation, intimidation, belittling, stalking, “outing” someone against that person’s will, cyber-bullying/harassment, or threat of physical force; or
14.4. Economic abuse, such as withholding financial resources to intimidate, threaten, or cause a person to remain in a relationship because of access to finances.
Section 15. Stalking
Stalking is defined as a persistent, unwanted or unwelcome, and repeated course of conduct that would cause a reasonable person to become fearful for their own safety or the safety of another, or suffer substantial emotional distress. Stalking includes “cyber stalking,” a form of stalking over an electronic medium such as the internet, social networks, blogs, cell phones, texts, or other similar devices.
Examples of stalking include, but are not limited to:
15.1. Following a person(s); Repeatedly appearing at a person’s home, work, or class;
15.2. Making frequent phone calls, emails, texts, etc. to a person(s);
15.3. Leaving written messages or objects for a person(s); or
15.4. Vandalizing a person’s property
Anyone can be stalked, regardless of sex or gender. A stalker can be an intimate partner or former partner, classmate, roommate, professor, co-worker, any acquaintance, or a stranger.
Section 16. Hate Crimes
For the purpose of this policy, a “hate crime” is defined as violence to a person or damage to property or any other criminal act that is motivated entirely or partly by hostility toward or intolerance of another’s actual or perceived protected characteristic. Hate crimes are not limited to actual completed crimes but may also be threatened or attempted crimes and may include assault and battery, vandalism, or other destruction of property, or verbal threats of physical harm. Harassment or intimidation may also be a hate crime when intended to interfere with a person's civil rights.
Section 17. Corruption
Corruption refers to the direct and/or indirect action to misappropriate the organization’s funds. Corruption can be manifested but not limited to, excessive spending without the proper authorization and transparency, inability to follow the proper accounting principles that uphold faithful representation and objectivity when presenting the necessary financial statements that relate to circle matters, spending funds that don’t coincide with the best interests of the organization.
Section 18. Spreading Malicious Information
For the purpose of this policy, Spreading of Malicious Information happens when it happens around the context of defaming someone in the organization or the organization itself. This can be through slander, wherein there is a spoken statement that poses a significant harm to someone’s character or reputation, or through libel, wherein it is a written statement that causes similar harm. An essential element of spreading malicious information is that the statements are not only harmful, but untrue and/or weren't consented to be stated for the knowledge of other parties. There is a clear intent to damage and destroy the reputation of an individual/organization by publishing statements that are false and/or unconsented to be released to begin with.
Section 19. Abuse of Power
Abuse of Power happens when people in authority use their leverage and position of power given by the organization to gain a particular benefit that is inimical to the best interests of the organization or the well-being of the affected individual. These are people who exploit their power to their own advantage. This can range from acts to corruption, using their position to further forward their status in the organization in an unjustified way, or actions that inflict unnecessary fear towards the members in order to maintain position.
Section 20. Retaliation
Retaliation is any conduct or behavior that interferes with a person’s rights and ability to pursue both internal disciplinary processes and charges through external law enforcement authorities, as well as rights to access education and/or work. Retaliation may include intimidation, threats, coercion, or adverse actions that directly affect one’s participation in the Circle. Retaliation includes taking, or causing third parties to take, any such action. Retaliation against a reporting party or witness may be violating Circle policy even if the original complaint of misconduct cannot be substantiated.
The Circle prohibits retaliation against any person who, in good faith, reports, assists in reporting, or participates in an investigation of possible discrimination, harassment, or sexual or gender-based misconduct. Retaliation against an individual for reporting a complaint or concern about a violation or suspected violation of this policy, for supporting a reporting party, or for assisting in providing information in the context of an investigation or disciplinary proceeding pursuant to this policy is a serious violation of the Circle’s policy and will be subject to discipline pursuant to this policy and the Equity Complaint Process. Incidents of suspected retaliation should be reported to the investigator(s) assigned to the matter or to any individual identified below in the Formal Reporting to the Circle.
PART III. Offenses and Corresponding Administrative Sanctions
If an investigation results in a finding that the responding party violated the Equity Policy, the Circle Equity Committee will determine a disciplinary sanction that is appropriate based on the circumstances. The goal of sanctions is to: (1) end the misconduct or harassment; (2) remedy its effects on the reporting party and/or the Circle; and (3) take reasonable steps calculated to prevent its recurrence.
Section 20. Possible Sanctions
Sanctions for sexual misconduct may range from a formal warning, probation, suspension, expulsion, or declaring Persona Non-Grata.
Sanctions may also require that existing interim measures stay in place for a prescribed period of time. Likewise, sanctions may involve the imposition of new remedies, such as no contact orders, disciplinary probation, suspension of membership, based upon the facts developed during the investigation and the conclusions reached in the case.
Below is a list of potential sanctions. While these represent sanctions generally assessed, the Circle may take other measures not mentioned here, depending on the particular circumstances of a case:
Member responding party:
- Formal Warning
- Residential Probation
- Residential Suspension
- Expulsion
- No-contact Orders
- Letter of Apology/ Public Apology
- Mandatory meeting(s) with the Equity Committee
- Persona non grata
Alumni/Coach/Non-Member responding party:
- Formal Warning
- No-contact orders
- Mandatory meeting(s) with the Equity Committee
- Letter of Apology/ Public Apology
- Persona non grata
- Formal Warning
- Officer Suspension
- Officer Expulsion
- No-contact orders
- Letter of Apology/ Public Apology
- Mandatory meeting(s) with the Equity Committee
- Impeachment
- Persona non grata
Section 21. Determination of Sanctions
The Circle encourages individuals who have been subjected to a violation of this policy or who have witnessed such a violation to talk to a trusted Circle member about what happened – so they can get the support they need and so the Equity Committee can respond appropriately.
Sanctions will be determined by the Equity Committee to be led by the Chief Equity Officer . In determining the appropriate sanctions, the Committee will be guided by factors, including but not limited to the nature, severity, and circumstances of the violation; disciplinary history and previous acts of similar misconduct; the need for sanctions to bring an end to and prevent recurrence of discrimination, harassment, or retaliation; the need to remedy the effects of the discrimination, harassment or retalitation on the reporting party and the community; and any other factors deemed relevant.
The current Equity Committee has the full privilege and authority to determine the necessary sanctions of the case.
PART IV. Committee on Decorum and Investigation
Section 22. The Equity Committee shall be the sole authorized body who will conduct the investigation of alleged cases constituting sexual harassment. The Equity Committee shall be composed of the current administration of the Circle to be headed by the appointed Chief Equity Officer.
In cases of grave equity violations, the Committee can consult and seek guidance from professionals and/or other parties that deem necessary to ensure impartiality of the decision.
PART V. Procedural Due Process Standards
Section 23. Upon receiving the equity complaint, an initial investigation will be conducted. The initial investigation may be conducted through informal means, such as but not limited to,
- Confronting the alleged offender regarding the complaint the equity officer has received.
- An informal meeting with the alleged offender and the equity officer to appease the matter (in cases of small conflicts, minor equity violations, or temporary suspensions)
- The respondent may be placed under preventive suspension upon the decision of the equity officer.
Further investigation is warranted under the following standards:
- Insufficiency of the initial investigation in the perspective of the equity committee
- Insufficiency of the initial investigation in the perspective of the complainant
- The inherent gravity of the equity violation
If further investigation is warranted, the following procedure must be followed:
- The alleged offender must be informed in writing of the cause of accusation against him/her. A copy of the complaint is attached to the notice.
- They shall have the right to answer the charges against them.
- They shall be informed of the evidence on their own behalf.
- They shall have the right to present evidence on their own behalf.
- The evidence must be considered by the investigating committee in hearing the case.
Section 24. Complaint and Reporting System
24.1. Who May File.
Victims may report or file complaints of the equity violation. In the case where the victim is a minor, the parent, older sibling, or legal guardian may file in his/her stead.
24.2. Complaint
If under further investigation, the complaint must be in writing. It must contain the following:
- The full name of the complainant
- The full name of the respondent
- A specification of the charge or charges
- A statement of the relevant and material facts.
If the complaint does not comply with the foregoing, the Chair shall require the complainant to comply in writing within seven (7) days from the receipt of notice; otherwise, the complaint shall not be acted upon.
The complainant may submit any evidence they possess, including affidavits of witnesses and pertinent documents. A withdrawal of the complaint made or filed at any stage of the proceedings shall not preclude the committee from proceeding with the investigation of the case.
24.3. Respondent’s Answer
- The Respondent shall submit his/her reply personally within seven (7) days from the receipt of the complaint.
- The answer shall be in writing, a copy of which shall be furnished to the complainant. No particular form is required but it is sufficient that the answer contains specific admission or denial of the charge or charges and a statement of the relevant facts constituting the defense of the respondent.
- The respondent may submit any evidence they possess, including statements of witnesses and pertinent documents.
24.4. Complainant’s Reply
The complainant may file a reply within five (5) days from the receipt of the respondents answer.
24.5. Hearing
- After the pleas have been submitted, the Equity Committee will convene to conduct the decision.
- The Committee shall conduct the trial not earlier than 5 days or later than 10 days from the date of receipt of the answer or reply. However, the Committee may extend the period if it deems necessary.
- No postponement shall be granted except in meritorious cases.
- The Committee will then submit their final decision to the respondent and the complainant.
Section 25. Motion for Reconsideration
Either party may file a motion for reconsideration to the Equity Committee at any time from the receipt of the copy of the decision on the basis that new evidence has been discovered which materially affects the decision.
Should any party appeal the decision, the Equity Committee will reassess the case within 30 calendar days. After which, the decision shall be final and executory.
Section 26. Confidentiality of Proceedings
The proceedings of all cases shall be private and confidential.
Approved on March 31, 2021.
Effective on May 31, 2021.
Stand and Deliver.
Xavier University- Ateneo de Cagayan Parliamentary Debate Circle
2021-2022
Xavier University- Ateneo de Cagayan Parliamentary Debate Circle
2021-2022