Free Sample Sexual Assault Policy
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Sample Sexual Assault Policy


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Sexual Assault

Policy

Employer ABC does not tolerate sexual assault, or other sexual assaults of any kind against employees or visitors.  ABC provides education and prevention programs for all employees. All sexual assault complaints will be investigated and appropriate disciplinary action taken.

Policy Rationale

ABC is committed to maintaining a safe work environment free from sexual assaults.

Code of Conduct

Policies, principles, and procedures of ABC.

Forcible Compulsion

To compel by the use of physical force or a threat, express or implied, that puts a person in fear of immediate death or injury to oneself, or another person, or in fear that he/she or another person will immediately be kidnapped.

Incapable of Consent

A person is deemed incapable of consent when he/she is: 1) less than sixteen years old; 2) mentally handicapped; 3) mentally incapacitated; or 4) physically incapacitated.

Physically Helpless

An unconscious person who is physically unable to indicate an unwillingness to act or participate.

Lewd Behavior

Intentional exposure of genitalia in a lewd manner in a public or a private place that is readily observed.

Rape

Sexual intercourse by forced coercion or with someone incapable of consenting.

Sexual Abuse

Touching of genitalia or other intimate parts of another person by forcible coercion or with someone incapable of consenting.

Sexual Assault

Public lewdness, rape, sexual abuse, and sodomy.

Sodomy

Sexual conduct between unmarried persons, consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva, by forcible compulsion or with someone incapable of consenting.

Procedure

Victims of sexual assault should report the incident to Occupational Health and Safety or the Police, to seek medical care, and to file a complaint and/or pursue criminal charges.

All sexual assault complaints will be investigated and appropriate disciplinary action taken.  ABC will provide health care, counseling, and other services for employees and visitors who are victims of sexual assaults.

Victims Rights

The ABC Code of Conduct contains the policies, regulations, and procedures for victims of sexual assault that include, but are not limited to the following:

·         The right to bring a representative not connected to the case to any proceeding.

·         The right to a confidential hearing.

·         The right to choose to file a formal compliant.

·         The right to pursue criminal or civil charges.

·         The right to appeal a decision of ABC not to pursue charges.

·         The right to appeal an agreement between ABC and a defendant if dissatisfied with the outcome.

·         The right to keep one’s sexual conduct out of the hearing unless fairness to the accused requires this information.

·         The right to never be in the same as the accused.

·         The right to know the resolution of the case.

If an employee commits a sexual assault Occupational Health will help the complainant by assessing the administrative penalties and/or remedies available.

Health Care Services After an Assault

Victims of any sexual assault are advised to seek health care services offered by ABC.

Individuals considering criminal action must seek medical care as soon as possible.  Individuals must not bathe, shower, or change their clothes before admitting themselves to a Health Care Center.

Reporting Sexual Assault

Individuals should report any assaults to Occupational Health and Safety or the Police.  Individuals have the options to report an assault and file a complaint.  Individuals who report an assault may request transportation to medical and/or psychological care.

Filing a Complaint

Filing a complaint is NOT reporting an incident. A complaint is a request that ABC investigate the incident.

Individuals who file a complaint with Occupational Health and Safety can either make appointment or submit a written complaint.

Complaints must be filed within  from the date of the violation.

Criminal Charges

ABC encourages all victims to press charges against their assailants.

Victims have the option to report the incident without filing a formal criminal complaint.  ABC will not conduct an investigation unless a formal complaint is filed.

Responsibilities

Employee

Read and understand the Sexual Assault Policy.

Occupational Health and Safety

Enforce ABC's Code of Conduct.  Assist victims of sexual assault to: 1) make a report; 2) file a complaint; 3) file criminal charges with the appropriate law enforcement agency.


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