James Island Yoga is committed to providing a safe environment for all staff and students free from discrimination on any ground and from harassment at work including sexual harassment.
JIY will operate a zero tolerance policy for any form of sexual harassment, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any independent contractor found to have sexually harassed another person faces disciplinary action, up to and including dismissal from employment. James Island Yoga also reserves the right to refuse services to clients found to have harassed independent contractors.
All complaints of sexual harassment will be taken seriously and treated with respect and in confidence.
Definition of sexual harassment:
Sexual harassment is unwelcome conduct of a sexual nature that makes a person feel offended, humiliated and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment or participation in yoga services, as well as situations that create a hostile environment that is intimidating or humiliating for the recipient.
Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal and non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:
Unwelcome physical contact including pinching, stroking, kissing, hugging,
Fondling or inappropriate touching
Physical violence, including sexual assault
The use of threats or rewards to solicit sexual favors
Sexual comments, inquiries, stories and jokes
Repeated and unwanted social invitations for dates or physical intimacy
Insults based on the sex of the staff member or student
Condescending or paternalistic remarks
Sending sexually explicit messages via phone, email or social media
Display of sexually explicit or suggestive material
Stalking (in person and in social media)
Sending unwelcome messages with sexual content
Anyone can be a victim of sexual harassment, regardless of sex and of the sex of the harasser. Full Circle Yoga recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.
All sexual harassment is prohibited whether it takes place within JIY premises or at sponsored social events and off-site trainings. Whether the harassment involves JIY staff, clients, customers, casual workers, contractors or visitors, anyone who sexually harasses another will be reprimanded in accordance with this internal Anti-Harassment policy.
Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. James Island Yoga recognizes that sexual harassment may occur in unequal relationships and that it may not be possible for the victim to inform the alleged harasser.
If a victim cannot directly approach an alleged harasser, he/she can approach the director or manager of the studio.
When a designated person receives a complaint of sexual harassment, he/she will:
Immediately record the dates, times and facts of the incident(s)
Determine the views of the victim and their desired outcome
Ensure that the victim understands JIY procedures for complaint handling
Discuss and agree the next steps, whether informal or formal complaint, with the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome
Respect the choice of the victim
Keep a confidential record of all discussions
Informal Complaints Process
If the victim wishes to deal with the matter informally, the designated person will:
Give an opportunity to the alleged harasser to respond to the complaint
Ensure that the alleged harasser understands the complaints mechanism
Facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the company to resolve the matter
Ensure that a confidential record is kept of what happens
Follow up after the outcome of the complaints mechanism to ensure that the behavior has stopped
Ensure that the above is done speedily and within 30 days of the informal complaint being made
Formal Complaints Process
If the victim wants to make a formal complaint or if the informal complaint process has not led to a satisfactory outcome for the victim, the formal complaint process should be used to achieve resolution in which case the Grievance Policy will be strictly followed. The victim will be directed to the James Island Yoga Grievance Policy to submit their formal complaint.
The Grievance Committee point person carrying out the investigation will:
Interview the victim and the alleged harasser separately and any other relevant third parties separately
Decide whether or not the incident(s) of sexual harassment took place
Produce a report detailing the investigations, findings and any recommendations
If the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim
Follow up to ensure that the recommendations are implemented, that the behavior has stopped and that the victim is satisfied with the outcome
If it cannot determine that the harassment took place, he/she may still make recommendations to ensure proper functioning of the studio
Keep a record of all actions taken
Ensure that the all records concerning the matter are kept confidential
Ensure that the process is done as quickly as possible
Outside Complaints Process
A person who has been subject to sexual harassment can also make a complaint outside of the company. They can do so through contacting Yoga Alliance.
If the JIY Grievance Committee determines that someone has sexually harassed another person under the terms of this policy, then one of the following sanctions apply:
The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that occurrences of sexual harassment are trivialized. Certain serious violations, including physical violence, will result in the immediate dismissal of the harasser.
Implementation of this policy: James Island Yoga will ensure that this policy is widely disseminated to all relevant persons.
Monitoring and evaluation: James Island Yoga is committed to ensuring the effectiveness of this policy and will evaluate and make any changes if necessary.