Consent Violation Report Handling Procedure

This document provides the steps required to successfully receive, process, and resolve Consent Violation Reports made to the Foundation for Sex Positive Culture (FSPC).

I.  References

A.  FSPC Consent Policy

B.  Statement of Principles (Regarding Consent and Handling Consent Violations)

C.  FSPC Training for Consent Policy & Procedures {To be added.}

D.  FSPC Banning Policy and Procedure {To be added.}

E.   FSPC Data Security Policy and Procedure {To be added.}

F.   FSPC Consent Resources Page {To be added.}

II.  Glossary of Terms

A.  Organization:  The Center for Sex Positive Culture (CSPC), the Foundation for Sex Positive Culture (FSPC), or both.

B.  Organization Event:  Any event, activity, or offering put on, hosted by, or sponsored by the Organization.

C.  Consent:  The explicit or implicit expression made by a person that they are willing to have something done to them by one or more other persons, or that they are willing to perform an act at the request or order of one or more other persons.

1.  Consent includes the ability to make that expression, the conscious understanding of what is being done or requested, and the active willingness to engage.

2.  Consent applies to all persons involved in an activity regardless of role.

3.  Consent may be withdrawn at any point, regardless of prior negotiations between participating parties.

D.  Consent Violation:

1.  An incident during which

a)  a person is acted upon (or is coerced to perform an act) by another or by others in a manner not consented to in advance or

b)  a person is acted upon (or is coerced to perform an act) by another or by others after a withdrawal of consent is made by the acted-upon person.

2.  A Consent Violation may occur accidentally or intentionally, with or without malice, and may or may not have injurious consequences.

3.  A Consent Violation may be physical, emotional, mental, or social in nature.

4.  A Consent Violation may be obvious to all involved, realized by a subset of the people involved, or only be clear to a single individual.

E.  Consent Violation Report (CVR):  A notice that a Consent Violation has taken place.  This notice may be made in-person or by other means, such as by telephone or e-mail.  Formal CVRs include an Incident Report and other documentation as appropriate.

F.  Reporting Party:  The person against whom the Consent Violation was committed and who is making the CVR.

G. Alleged Offender(s):  The person (or persons) named in the report as having committed the subject Consent Violation.

H. First Responder:  The Organization staff member with whom the Reporting Party initially makes contact.

I.   Interviewer:  The person formally receiving and recording the CVR on behalf of the Organization.  This is always the senior staff member on duty.

J.  Incident Report:  The form completed by the Interviewer when the Reporting Party chooses to make a formal CVR. – See Figure A

K. Executive Director:  The senior paid FSPC staff member who oversees the Consent Violation Reporting process.

L. CVR Review Committee:  A committee convened by the Board of Directors to make final adjudications regarding CVRs.

M. Advocate:  A professional or trained individual whose role is to support the Reporting Party, with their consent and involvement, through the CVR process and to support them with the mental, emotional, and logistical difficulties that arise from a CV.

III.  Figures

A.  Incident Report

B.  Master CVR List {To be added.}

IV.  Procedures

A.  This procedure begins when anyone reports a Consent Violation to any Volunteer or Staff.

1.   A CVR should be addressed as quickly as possible.

a)   We recognize people may not feel safe in the moment to report and may need time to process emotional, psychological, and physical effects.

2.   Any report made after the event where the Consent Violation occurred will be referred to the Director as the Interviewer. Reports may be emailed to [email protected].

a)   The Director may designate another Interviewer.

b)   The process will then follow the normal reporting procedure.

3.   Any CVR made after a year has elapsed from the time the Consent Violation occurred will be taken as an information only report to be added to the file.

a)   No action recommendations are necessary.

b)   The Interviewer will inform the Reporting Party that the report is being taken for informational purposes only.

c)   Should the Interviewer consider the violation to serious enough, or if there are multiple reports against the same person, the Interviewer may request further deliberation and/or make recommendations to the designated sub-committee.

B.  When the First Responder is approached, in person or in writing, that person will listen to what the Reporting Party has to say, validate their concerns, and offer to escort or direct them to someone who can help.

1.  See Reference C: FSPC Training for Consent Policy & Procedures

2.  It is not your job to determine the validity of the report.

3.  Never try to convince someone they should not report. Doing so is grounds for dismissal.

4.  If an Interviewer is not immediately available contact the senior staff member on duty to let them know they are needed.

a)  Take the Reporting Party to a safe and quiet space and wait with them until the Interviewer is available.

C.  When the Interviewer arrives they will listen to/read what the person has to say, validate their concern, and offer to take a formal statement.

1.  Stay calm and listen openly to the person while they are talking.

2.  If appropriate to the violation, or when requested by the Reporting Party, the Interviewer will contact 911 on their behalf and escort them through the process of talking with the police.

a)  If 911 is called contact the Director immediately and follow procedures for dealing with the police. – See Reference C: FSPC Training for Consent Policy & Procedures

3.  Should someone report and request support for a Consent Violation that did not happen at an event and did not include someone connected to the organization we will do our best to listen and provide resources.

a)  See Reference F: FSPC Consent Resources Page

4.  Should someone report a Consent Violation that happened outside the FSPC/CSPC that involves someone officially connected to either organization (Board Member, Staff, Educator, or Volunteer) we will take that report as outlined in the below procedure and treat it as though it happened at an organization event.

D.  Should the Reporting Party wish to make a formal statement the Interviewer will help them through the process, getting the information they are willing to relate.

1.  Let the Reporting Party know you are following procedure and you will be asking them questions.

a)  Let the person know they can ask questions in return.

b)  Be honest with what you know and what you don’t.

2.  Let the Reporting Party know what happens after you are done taking their report.

a)  You or your superior will talk to the Alleged Offender(s).

b)  A summary of what happened will be generated.

c)  The report and summary will be reviewed by a person designated and trained to deal with consent violations.

d)  Recommendations for any actions to be taken will be made.

e)  The Organization will let them know when recommendations are made.

3.  Let them know that their name will be held in confidence.

a)  See Reference E: FSPC Data Security Policy and Procedure

4.  Fill out an Incident Report – Available at all Cashier Stations and in the Traveling Resources Box – See Figure A: Incident Report

a)  Collect names where possible, legal and/or scene names.

b)  Fill out as much of the form as you can based on what the person tells you.

c)  Fill out the time & date the report was taken, the time & date the violation/injury happened, and the location where it happened.

d)  Ask if it is okay to contact them for additional information at a later date.

5.  If there are witnesses that voluntarily come forth and want to give a statement, take those statements.

a)  There is a place on the Incident Report for them. Where necessary write on a separate sheet and staple to the report.

b)  If there were staff or volunteers present take their names and ask them if they have anything to add.

6.  After you finish talking to the Reporting Party, and where you feel safe to do so, approach the Alleged Offender and ask them if they would like to make a statement.

a)  There is a place on the Incident Report form for taking that statement.

b)  Understand this person is likely to be upset, confused, scared, angry, or all of the above. Avoid accusatory and judgmental language.

c)  Reassure the Alleged Offender:

(1)  You are not taking sides. It is your job to collect information and you want to get their side of what happened.

(2)  Information will be held in confidence by the organization through the review process.

d)  Answer any questions they have to the best of your ability.

e)  Let them know what happens next, same as above (IV.D.2).

f)   On your discretion you may ask the Alleged Offender to leave the event if:

(1)  The Consent Violation warrants such in your opinion.

(2)  If the person’s behavior was, is, or becomes threatening.

(3)  If your safety, the safety of the Reporting Party, or anyone else’s safety is in question.

7.  If either the Reporting Party or the Alleged Offender is not available, unapproachable, or would prefer, statements can be taken at a later time, in a different location, or by phone.

a)  Follow up yourself or designate another Interviewer to do so within 48 hours.

E.  Resources in the form of both a written pamphlet and on-line resource page will always be offered to all parties dealing with the consent violation.

1.  Consent Resource Pamphlets are available at all cashier stations and in the Traveling Resources Box.

2.  Reference F: FSPC Consent Resources Page

F.  Once the Interviewer fills out an Incident Report, it will be put it in a sealed envelope and either given to the Director in person or placed in the Drop Safe. This should happen within 48 hours.

1.  Inform the Director via phone and email immediately that a report has happened.

G.  Once a CVR is received, the Director will perform a review or designate someone to perform a review within 7 days.

1.   This review will include:

a)   A reading and filing of the given Incident Report and any supporting documentation.

b)   Debriefing the person who took the report for any additional information or impressions.

c)   A review of the current Master CRV List (Figure B) to see if there are any previous reports regarding the same persons.

d)   Contacting the Reporting Party, if they’ve given permission, to get any additional information.

e)   Contacting the Alleged Offender, should it seem necessary, to get any additional information.

f)    Creation of a brief summary of what happened and the information collected.

(1)  This Summary should be generated without names. Instead use “Reporting Party”, “Alleged Offender”, “Interviewer”, “Witness 1”, Etc.

(2)  The Summary should include:

(a)  Date, event name, location, and time the incident happened.

(b)  A basic description of what happened from the point of view of the Reporting Party.

(c)  A basic description of what happened from the point of view of the Alleged Offender (if available).

(3)  Where possible, include a brief summary of any witness statements, staff or volunteer impressions, and any previous reports made against the persons involved.

g)  Creation of recommendations for actions to be taken. Recommendations might include (but are not limited to):

(1)  File the report and take no further action.

(2)  Contact the Reporting Party and offer additional support and/or resources.

(3)  Contact the Alleged Offender and offer additional support and/or resources.

(4)  Offer Mediation to both parties to address confusion, misunderstandings, miscommunications, and/or emotional distress. – Both parties must freely agree to this course of action.

(5)  Give a verbal or written warning to the Alleged Offender.

(6)  Impose a temporary ban from Organization Events on the Alleged Offender.

(7)  Impose a temporary ban with a list of conditions which the Alleged Offender must fulfill before being allowed to return to Organization Events.

(8)  Impose a permanent ban from all Organization Events on the Alleged Offender.

(9)  Make other suggestions as warranted by the Consent Violation.

2.  If the report involves anyone directly connected with either the FSPC or CSPC (Volunteer, Coordinator, Educator, Staff, Director, Board Member, or anyone who the public will see as connected to either organization) the Director should:

a)  Where there is any perceived conflict of interest, immediately contact the CVR Review Committee to oversee the review process and handle making recommendations with oversight from the Director.

b)   Where there is any perceived conflict of interest, the CVR Review Committee must be made up of people who are not personally or professionally connected to either the Reporting Party or the Alleged Offender.

c)   Contact the person’s superior and suggest extra support if they are the Reporting Party, or impose a temporary leave while the review is taking place if they are the Alleged Offender.

H.  The Director or designated reviewer will disclose the summary and recommendations to a designated CVR Review Committee

1.  The CVR Review Committee will be made up of a minimum of three people drawn from members from the Board of Directors, trained professionals, and/or trained staff or volunteers.

a)  If there is no current CVR Review Committee the director can inform the board that one needs to be created immediately.

2.  The CVR Review Committee will take in the summary & recommendations, discuss these, ask any additional questions, and create the following within three weeks of the original CVR:

a)  A list of actions to be taken.

b)  A statement of how what happened was against the Consent Policy (if it was).

c)  A statement of what could have been done differently to comply with the Consent Policy.

d)  A statement of how to request a review or reassessment – See H5.

3.  Results of the CVR Review Committee’s review created in H2 will be offered to all necessary parties including:

a)  The Interviewer and Director or designated Reviewer.

b)  The Reporting Party and the Alleged Offender.

c)  Any Advocate involved in a support role.

d)  The Board, coordinators, and/or other staff only where necessary to understand and/or enforce the actions taken.

4.  The CVR Review Committee will close the review process once all parties have been notified.

a)  A single copy of the Incident Report, Summary, Statements, and Actions taken will be given to the Director for storage.

(1)  The Director will store the information in the appropriate locked location, filed by the Alleged Offender’s name, and update the Master CVR List.

(a)  See Figure B” Master CVR List.

(2)  All other copies of the information should be destroyed in compliance with Reference E: [CSPC/FSPC] Data Security Policy and Procedure

b)  A report of the number of Incidents reviewed, actions taken, and potential public relations issues will be given to the Board at the monthly Board Meeting by the chair of the CVR Review Committee.

(1)  Where names or specific incidents need to be discussed the board may choose to do that in executive session.

5.  Anyone involved can request a formal review  or reassessment of the recommendations, summary, or decisions made.

a)  That request needs to be made in writing to the Director and should be specific, detailed, and include how conditions have changed.

b)  The Director will forward the request to the standing CVR Review Committee.

c)  When forwarded, the Committee will review the request and/or initial documents. After that review they will either confirm the original statement and decisions or issue a new statement and decisions per the above procedure.

d)  The request, any statements, changes made, and/or any other documentation will be given to the Director to be appended to the original file.

I.  Other Considerations:

1.  Concerning Restraining Orders:

a)  Legal restraining orders are issued after careful consideration by a judge for a variety of reasons and prevent one party from being within a certain radius of and/or interacting with another party.

b)  If a person has a restraining order issued against them, that person should avoid attending any event attended by the person for whom the restraining order is issued and is held responsible for following the order issued against them.

c)  If both people have restraining orders, neither should attend any event until the orders are lifted.

d)  The Organization will not get involved in any dispute over a restraining order. Should such a dispute happen both parties will be asked to leave the event and associated premises.

e)  If, when asked to leave due to a restraining order issue, the person refuses to leave or if it seems clear they were there intentionally, this will be considered a consent violation and the above procedures will be followed.

2.  If the Consent Violation is a Self-Report:

a)  We recognize not all Consent Violations are intentional. They can happen due to miscommunication, misunderstanding, or simple accident. Some non-consensual behaviors occur due to ignorance, cultural differences, and/or misinformation.

b)  We want to encourage people in acknowledging their own mistakes and seek help in changing difficult, non-consensual, or dangerous behavior.

c)  When the Consent Violation is reported by the person who committed that violation, the reporting procedure outlined above will be followed with the following differences:

(1)  Extra attention should be paid to reassure the person reporting that we appreciate their coming forward themselves.

(2)  The Interviewer and Director should continue to maintain a nonjudgmental stance and language.

(3)  The person who experienced the violation will be approached carefully and asked if they would like to participate in the report.

(4)  Both parties will be given resources per the basic procedure. Educational resources should be highlighted for the person who self-reported.

(5)  Any review and recommendations should take into account the self-report and lean towards ways to educate and correct.

d)  Even when there is a self-report, it doesn’t excuse the non-consensual behavior. It is still important to focus on and protect the safety of the person who experienced the violation.

J.  This Procedure is a living document and will be reviewed and updated as appropriate.