Anti-Harassment Policy

Overview 

Harassment is a legal term that means unwelcome verbal and non-verbal conduct directed against someone in a protected class. 

Racism is a term that means any prejudice, discrimination, or antagonism directed against a person or people on the basis of their membership in a particular racial or ethnic group, typically one that is a minority or marginalized.

Sexual harassment is a legal term that means unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. 

Sexual misconduct is a non-legal term used informally to describe a broad range of behaviors which may or may not involve harassment. 


Anti-Racism Policy
The entire team at Moksha Yoga Amazonica recognizes the diversity of our community and believes that all members of our community have the right to live, work, do business and play in an environment that asserts and supports their fundamental rights, personal worth and human dignity. 

Principles
Moksha Yoga Amazonica
• acknowledges and recognizes the existence in our community of racism in all its forms; 
• is committed to breaking down barriers, deconstructing biases and fostering and promoting an inclusive, respectful, and welcoming environment for all, one that is free from racial discrimination and racism; and, 
• acknowledges its role and responsibility in protecting every person’s right to be free from racial discrimination and racism.

Scope 
This Policy applies to all employees, contractors, volunteers, and students working, studying, or volunteering at Moksha Yoga Amazonica or providing professional services to it. This Policy applies to the interpretation and application of current and new bylaws, regulations, policies, procedures, contracts, procurements, and activities carried out by Moksha Yoga Amazonica, all of which will be required to be compliant with the principles and particular requirements specified within this Policy. The scope of this Policy includes all aspects of the school's activities, including its working environment, procurement, services, meetings, and public events. 

Roles and Responsibilities
School Management must:
• Take leadership to model inclusive behavior and language and not participate in racist or racially discriminatory conduct;
• Support, promote and foster the principles of this Policy in all their work and interactions;
• Participate in training and become familiar with this Policy;
• Ensure that all staff members is trained on this Policy and is implementing it;
• Report incidents of racial discrimination or racism experienced or witnessed, immediately in accordance with our Complaint Resolution Policy

Remedies
Any individual covered by this Policy, who is found to have engaged in, or known about and took no action to report or stop racial discrimination or racist behavior contrary to this Policy may be subject to appropriate action depending up on the severity of the misconduct as outlined in the Complaint Resolution Policy.

Limitations
This Policy articulates the position of Moksha Yoga Amazonica and demonstrates its support and commitment to an environment that is free of racial discrimination and racism. It is not intended to supersede or supplant the other processes available to individuals or groups wishing to pursue avenues of formal complaint or redress under other policies. 

Harassment Against Members of Protected Class
We do not permit managers, employees, teachers, independent contractors, students, or others in the workplace to harass any other person because of age, gender (including pregnancy), race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, genetic information, or any other basis proscribed by law. Harassment is unwelcome verbal or non-verbal conduct, based upon a person’s protected characteristic, that (i) denigrates or shows hostility or aversion toward the person because of the characteristic and which affects their employment opportunities or benefits; (ii) has the purpose or effect of unreasonably interfering with their work performance; (iii) enduring the offensive conduct becomes a condition of continued employment; or (iv) has the purpose or effect of creating a work environment that a reasonable person would consider intimidating, hostile, or abusive.  Harassment includes epithets, slurs, name calling, negative stereotyping, insults, intimidation, ridicule, threatening, intimidating or hostile acts, denigrating jokes, and display in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group based on their protected characteristic. Petty slights, annoyances, and isolated minor incidents may not rise to the level of harassment.

DEFINITIONS

Barrier – An overt or covert obstacle which must be overcome for equality and progress to be possible.

Bias – A subjective opinion, preference, prejudice, or inclination, often formed without reasonable justification, which influences the ability of an individual or group to evaluate a particular situation objectively or accurately.

Cultural Racism - The full adoption by an individual or group of the culture, values, and patterns of a different social, religious, linguistic, or national ethos, resulting in the diminution or elimination of attitudinal and behavioral characteristics of the original individual or group. Can be voluntary or forced.

Discrimination - Means the differential treatment of an individual or group, on the basis of prejudice or stereotypes. Discrimination may be intentional or unintentional, conscious, or unconscious. Discrimination can result in one individual or group having an advantage over another and can cause an individual or group to be excluded from activities which they ought to have the right to be included in.

Diversity - A term used to encompass the acceptance and respect of various dimensions including race, gender, sexual orientation, ethnicity, socio-economic status, religious beliefs, age, physical abilities, political beliefs, or other ideologies.

Environmental Racism - A systemic form of racism in which toxic wastes and dangerous and toxic facilities are located into or near marginalized communities, such as People of Color, Indigenous Peoples, working class, and poor communities, often causing chronic illness and change in their lifestyle due to pollution of lands, air, and waterways.

Inclusive Language / Inclusion - The deliberate selection of vocabulary that avoids explicit or implicit exclusion of particular groups and that avoids the use of false generic terms, usually with reference to gender. Making diverse members of society or an organization feel valued and respected.

Indigenous Peoples – Means the communities, peoples, and nations that have a historical continuity with pre-invasion, pre-settler, or pre-colonial societies that developed on their territories, as distinct from the other societies now prevailing on those territories (or parts of them). 

Individual Racism - Racist assumptions, beliefs and behaviors that stem from conscious and unconscious personal prejudice. 

Institutional Racism (Systemic Discrimination) - The institutionalization of discrimination through policies and practices which may appear neutral on the surface, but which have an exclusionary impact on particular groups. This occurs in institutions and organizations, where the policies, practices, and procedures (e.g. employment systems – job requirements, hiring practices, etc.) exclude and/or act as barriers to racialized groups.

People of Color - Non-White racial or ethnic groups; generally used by racialized peoples as an alternative to the term “visible minority.” The word is not used to refer to Indigenous peoples, as they are considered distinct societies. When including Indigenous peoples, it is correct to say “people of color and Indigenous peoples.”

Prohibited Grounds of Discrimination - Race, color, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity, gender expression, age of a person or class of persons.

Racial Discrimination – Means any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin, which nullifies or impairs the recognition, enjoyment or exercise of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

Racism - A belief that one group is superior to others performed through any individual action, or institutional practice which treats people differently because of their color or ethnicity. This distinction is often used to justify discrimination. There are many types of racism: Institutional, Systemic, and Individual.



Sexual Harassment in the Workplace
We do not tolerate sexual harassment in our school. Sexual harassment refers to any unwelcome sexual attention, sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature when: 

(a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; 

(c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance; or 

(d) such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment.

Examples of sexual harassment include unwanted and unnecessary physical contact; offensive remarks (including unwelcome comments about appearance); obscene jokes or other inappropriate use of sexually offensive language; the display in the studio of sexually suggestive objects or pictures; and unwelcome sexual advances by teachers, students, customers, clients, or other visitors to a studio. Non-physical gesture, behavior, unnecessary physical contact, verbal suggestion, or innuendo may constitute sexual harassment.


Sexual Misconduct
We prohibit sexual misconduct in our school. Sexual misconduct is any unsolicited and unwelcome sexual advance including requests for sexual favors, sexual touching, and verbal, visual, or physical conduct that creates a sexually hostile environment in a yoga class or studio. Sexual misconduct also arises if a teacher engages in conduct that has the purpose or result of requiring a student to submit to such conduct to obtain any benefit or privilege relating to the study or teaching of yoga. While it is not possible to list all the circumstances that may constitute sexual misconduct, the following are examples of misconduct: 

• Sexual advances whether they involve physical touching or not; 
• Sexual epithets, jokes, written or verbal references to sexual conduct, gossip regarding one’s sex life, comments on an individual’s body, sexual activity, deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, cartoons;
• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments; 
• Comments or conjecture about a person’s sexual orientation or gender identity; 
• Inquiries into one’s sexual activities; 
• Sexually oriented asana adjustments or touch; and
• Discussion of one’s sexual activities.


Verbal Harassment 
• Unwanted sexual teasing, stories, jokes, remarks, or questions 
• Sexual comments, stories or innuendo 
• Turning work discussions to sexual topics 
• Asking about sexual fantasies, preferences, or history 
• Asking personal questions about social or sexual life 
• Sexual comments about a person’s clothing, anatomy, or looks 
• Telling lies or spreading rumors about a person’s personal sex life. 
• Referring to an individual as a doll, babe, sweetheart, honey, or similar term 
• Repeatedly asking a person out on dates who is not interested 
• Unwanted letters, telephone calls, or sending materials of a sexual nature 
• Stalking on social media 
• Unwanted pressure for sexual favors 


Non-Verbal Harassment 
• Blocking a person’s path or following 
• Giving unwelcome personal gifts
• Displaying sexually suggestive materials 
• Making sexual gestures with hands or through body movements 
• Unwanted sexual looks or gestures 


Physical Harassment 
• Hugging, kissing, patting, or stroking 
• Touching or rubbing oneself sexually around another person 
• Unwanted deliberate touching, leaning over, cornering, or pinching 
• Giving an un-wanted massage 
• Sexually oriented asana adjustments or touch 
• Promising enlightenment or special teachings or status in exchange for sexual favors 
• Actual or attempted rape or sexual assault


Romantic Relationships Between Teachers and Students
Teachers shall avoid getting into personal or sexual relationships with students that may result in the impairment of their professional judgment or that may compromise the integrity of their teaching. If a relationship begins to develop, the teacher should bring it to school management. Yoga teachers are committed to maintaining impeccable standards of professional integrity and to promoting the physical, emotional, and spiritual well-being of their students. Teachers recognize the inherent imbalance of power in the teacher-student relationship and recognize that romantic relationships with students have the potential of exploiting the trust of students, creating dependent relationships, and compromising the integrity of the teacher. Teachers should avoid acting on, responding to, or allowing sexual contact or romantic attraction with a student even if the student initiates the relationship. Teachers should ensure that their relationships with students are always professional, and not open to misunderstanding or misinterpretation.

However, if a romantic attraction does begin to develop with a student, teachers should seek guidance from school management before acting on the attraction. The school management will then decide how it wishes to handle the relationship. For example, it may bless the relationship, but establish boundaries to prevent conflicts of interest and other problems. It may also decide that either the teacher or student should leave the school. If a teacher has a pre-existing relationship with a student that did not arise from the teacher-student relationship, it should be brought to the attention of the school’s management so that it can guide the couple in maintaining high ethical standards.


Acknowledgement

I ACKNOWLEDGE that I have read and fully understand the rights, duties and procedures contained the Moksha Yoga Amazonica Anti-Harassment Policy.

I UNDERSTAND that Moksha Yoga Amazonica may change, withdraw or add, rules, duties or practices described in the Anti-Harassment Policy and Complaint Resolution Policy from time to time in its sole discretion without prior notice to me.

I ACKNOWLEDGE that I have had an opportunity to discuss the content of the Anti-Harassment  Policy and Complaint Resolution Policy with a staff member.

I AGREE to abide by the Moksha Yoga Amazonica Anti-Harassment Policy and I understand that such compliance is a condition of my duties, responsibilities and obligations. I also understand that non-adherence to this Anti-Harassment Policy or other rules may result in disciplinary action up to and including termination of employment or the consideration of appropriate sanctions, which may include Moksha Yoga Amazonica requesting to Yoga Alliance that your Registered Yoga Teacher (RYT) license be suspended or revoked, referral to police, or legal action.

Use of any portion of this site, and participation in any of our programs, constitutes acceptance of this Anti-Harassment Policy.