(Revision date: December 31, 2015)
Dear Bionerds parent or guardian,
The policy below is a copy of our Sexual Abuse and Misconduct Prevention (SAMP) Policy we have for our employees, members, and any third parties affiliated with Bionerds. Annual review on all of important policies and training is also performed afterward for all of us. For your peace and mind, Bionerds enforces this policy to protect everybody, especially the children, when engaging in our programs. Please review and do not hesitate to ask if you have any questions.
Bionerds, LLC, prohibits and does not tolerate sexual abuse or misconduct in the workplace or during any company-related activity. Bionerds provides procedures for employees, members, clients, or any other victims of sexual abuse or misconduct to report such acts. Those reasonably suspected or believed to have committed sexual abuse or misconduct will be appropriately disciplined, up to and including termination of employment or membership, as well as criminally prosecuted. No employee, member, clients, or a third party affiliated with Bionerds, regardless of his or her title or position has the authority to commit or allow sexual abuse or misconduct.
Definitions and Examples
The following definitions or examples of sexual abuse, misconduct or harassment, may apply to any and/or all of the following persons – employees, members, clients, or other third-parties.
Sexual abuse or misconduct may include, but is not limited to:
- Child sexual abuse – any sexual activity, involvement or attempt of sexual contact with a person who is a minor (under 18 years old) where consent is not or cannot be given.
- Sexual activity with another who is legally incompetent or otherwise unable to give consent.
- Physical assaults or violence, such as rape, sexual battery, abuse, molestation or any attempt to commit such acts.
- Unwanted and intentional physical conduct that is sexual in nature, such as touching, pinching, patting, brushing, massaging someone’s neck or shoulders and/or pulling against another’s body or clothes.
- Material such as pornographic or sexually explicit images, posters, calendars or objects.
- Unwelcome and inappropriate sexual activities, advances, comments, innuendoes, bullying, jokes, gestures, electronic communications or messages (e.g. email, text, social media, voicemail), exploitation, exposure, leering, stalking or invasion of sexual privacy.
- A sexually hostile environment characterized as comments or conduct that unreasonably interferes with one’s work performance or ability to do the job or creates an intimidating, hostile or offensive environment.
- Direct or implied threats that submission to sexual advances will be a condition of employment or affiliation with the organization.
Behavioral signals suggestive of sexual abuse include, but are not limited to:
- Trouble in walking or sitting.
- Display knowledge or interest in sexual acts inappropriate to his or her age, or even seductive behavior.
- Makes strong efforts to avoid a specific person, without an obvious reason.
- Doesn’t want to participate in physical activities.
- A sexually transmitted disease (STD) or pregnancy, especially under the age of fourteen.
- Recoiling from being touched.
- Bundling oneself in excessive clothing, especially night clothes.
- Discomfort or apprehension when sex is referred to or discussed.
- Nightmares or fear of night and/or
As an employee, a member, or a third party affiliated with Bionerds, each of us is strived to:
- Prevent sexual abuse before it can happen.
- Recognize signs of sexual abuse in children.
- Recognize unsafe behaviors by adults.
- React responsibly when a child discloses, or when an adult discovers or suspects sexual abuse.
- Immediately report suspected sexual abuse or misconduct to Orange County Emergency Response Child Abuse Reporting Telephone Hotline (714) 940-1000 or (800) 207-4464. Refer to California Department of Education website regarding identifying and reporting sexual abuse for more information or updates: http://www.cde.ca.gov/ls/ss/ap/childabusereportingguide.asp.
- It is not required to confront directly the person who is the source of the report, question or complaint before notifying any of the individuals listed.
- It is the policy of Bionerds not to attempt to investigate or assess the validity or credibility of an allegation of sexual or physical abuse as a condition before reporting the allegation to proper law enforcement authorities or protective services organizations.
- Bionerds will take every reasonable measure to ensure that those named in the complaint of misconduct, or are too closely associated with those involved in the complaint, will not be part of the investigative team.
Anti-Retaliation and False Allegations
- Bionerds prohibits retaliation made against any employee, member, client, or a third party who lodges a good faith complaint of sexual abuse or misconduct or who participates in any related investigation.
- Making knowingly false or malicious accusations of sexual abuse or misconduct can have serious consequences for those who are wrongly accused. Bionerds prohibits making false or malicious sexual misconduct allegations, as well as deliberately providing false information during an investigation. Anyone who violates this rule is subject to disciplinary action, up to and including termination of employment or membership and criminal prosecution.
Investigation and Follow-up
- Bionerds will take all allegations of sexual abuse or misconduct seriously and will promptly, thoroughly, and impartially investigate whether misconduct has taken place. The company may utilize an outside third-party to conduct an investigation of misconduct.
- Bionerds will cooperate fully with any investigation conducted by law enforcement or other regulatory/protective services agencies.
- Bionerds reserve the right to place the subject of the investigation on an involuntary leave of absence or reassign that person to responsibilities that do not involve personal contact with individuals.
- Bionerds will make every reasonable effort to keep the matters involved in the allegation as confidential as possible the identities of the alleged victims and the subject under investigation while still allowing for a prompt and thorough investigation.
- If the investigation substantiates the allegation, our policy provides for disciplinary penalties, including but not limited to termination of the actor’s relationship with our organization.
Employee and Worker Screening and Selection
- As part of its sexual abuse and misconduct prevention program, Bionerds is committed to maintaining a diligent screening program for prospective and existing employees, members and others that may have interaction with those employed by, associating with or serviced by Bionerds.
- The organization may utilize a variety of methods of screening and selection, including but not limited to applications, personal interviews, criminal background checks and personal and professional references.
Supervision of Youth
To provide a safe environment for minors, Bionerds strives to avoid one-on-one interactions between adults and minors that are not easily observable by others. If individual meetings with a minor must be held in an office, keep the door open. Only conduct closed door meetings when another adult is put on notice of the meeting and the door remains unlocked.
- California Department of Education Child Abuse Prevention: http://www.cde.ca.gov/ls/ss/ap/
- U.S. Department of Health and Human Services: http://www.cdc.gov/violenceprevention/pub/preventingchildabuse.html