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Appendix A

Sexual Harassment Prevention Procedure

1. General:

Sexual harassment and sexuality-related maltreatment are harmful to human dignity, human freedom, privacy, and gender equality. The Academic College of Israel in Ramat Gan Ltd. (PBC) (hereinafter: the “College”) is committed to fostering an environment of mutual respect and decency between employees, students, and anyone who is in contact with the College in his/her professional capacity.

The College views all acts of sexual harassment very seriously and it will do anything in its power to prevent this behavior.

2. Objective:

This procedure aims to guarantee that the College shall serve as a workplace and academic environment that is free of sexual harassment and/or maltreatment arising from sexual harassment, and to regulate the various bodies within the College’s work on this issue.

Anything in this articles said in the masculine applies to both genders.

3. Definitions:

4. The College – the Academic College of Israel in Ramat Gan Ltd. (PBC) (registered association).
5. The Law – the Law to Prevent Sexual Harassment, 5758-1998 (see Appendix no. 1) and the Equal Opportunity in the Workplace Law, 5748-1988 (see Appendix no. 3), according to the context.
6. The Regulations – Regulations to Prevent Sexual Harassment (Employer’s Duties), 5758-1998 (see Appendix no. 2).
7. Sexual harassment – as defined in section 3 (a) to the Law to Prevent Sexual Harassment (see Appendix no. 1) and as defined in section 7 to the Equal Opportunity in the Workplace Law (see Appendix no. 3), by an employee, a student, or a service provider, toward another person within the workplace or academic institution.
8. Maltreatment – as defined in section 3 (b) to the Law to Prevent Sexual Harassment (see Appendix no. 1) and as defined in section 7 to the Equal Opportunity in the Workplace Law (see Appendix no. 3), by an employee, a student, or a service provider, toward another person within the workplace or academic institution.

1. The workplace or place of education – the College or any other place where activity on the behalf of the College takes place while working or studying; while taking advantage of one’s authority in professional or academic relations, anywhere whatsoever.
2. Academic superior/subordinate status relations – direct teaching (including: exercises, labs, project guidance), guiding research assistants and research students, giving grants, academic awards and/or other benefits, memberships in committees that discuss the student’s affairs, and participation in any activity that may determine issues regarding the student in question.
3. Employee – any person who had labor relations with the College, and anyone acting on behalf of the College, as part of the regular internal system, including temporary employees and service contractors.
4. Service provider – anyone providing a service to the College who is not an “employee” as defined above, an employee of a service provider as said or anyone acting on behalf of, in the name of, or for the service provider.
5. Student – anyone who was one of the following on the day of the event:

• Signed up for studies at the College and was admitted as a student, including studies at preparatory schools and special academic frameworks, starting upon his application and as long as he is registered as a student, including academic leaves.
• Applied to be admitted as a student and was denied, from the moment of submitting the application to receiving the rejection letter.
• Graduated, but did not yet receive his diploma.

1. Victim – anyone claiming he was sexually harassed or maltreated in the workplace or place of education.
2. Defendant – anyone to whom a complaint attributed an act of sexual harassment or maltreatment, who was an employee, service provider or a student on the date of the episode or on the date of submitting the complaint.
3. Officer – the Sexual Harassment Prevention Officer.
4. Deputy – the Deputy Sexual Harassment Prevention Officer.
5. The Disciplinary Regulations – the disciplinary articles that apply to the defendant.
6. The Disciplinary Committee – as defined in each of the disciplinary regulations documents.

4. Reference and Documentation

This Procedure is based upon and is subject to the following laws and regulations:

1. The Law to Prevent Sexual Harassment, 5758-1998.
2. Regulations to Prevent Sexual Harassment (Employer’s Duties), 5758-1998.
3. The Equal Opportunity in the Workplace Law, 5748-1988.

If there is a contradiction between the provisions of this Procedure and those of the “Disciplinary Articles”, the provisions of this Procedure shall prevail.

This Procedure intends to add upon the provisions of the Law, not to derogate from them.

5. The Sexual Harassment Prevention Officer

6. Appointing the Sexual Harassment Prevention Officer

   1. The College President shall appoint a sexual harassment prevention officer and a deputy, in accordance with that stipulated by regulation 4 to the Regulations. The appointment shall be valid as long as the College President will not revoke it. The names of the Sexual Harassment Prevention Officer and his/her Deputy shall be published on message boards in the College campus and on the College’s website.
   2. To the extent possible, the President shall appoint a woman for this position.
   3. The Officer shall be an academic or an administrative College employee.
   4. To the extent possible, the Officer and the Deputy will be of a different gender.
   5. To the extent possible, the Officer and the Deputy will be members of different staffs (the academic staff and the administrative staff).

1. The Officer’s Roles and Authorities
2. To serve as an advising factor on preventing and treating sexual harassment at the College.
3. To receive and investigate complaints and reports on sexual harassment and maltreatment.
4. To start disciplinary measures regarding the complaint, if suitable grounds were found.
5. To shelve the complaint, following the proper investigation, should he/she believe it is groundless, subject to a notification to the Dean of Students.
6. To take means to prevent sexual harassment or maltreatment from recurring, when appropriate.
7. To order interim means to be taken as said in section 6 B to this procedure.
8. To refer the victim to receive help, medical or otherwise, as necessary.
9. To provide information, guidance and counseling to those who will appeal to him/her.

6. Treatment of Complaints

   1. The Investigation:
      1. Complaints or reports of suspicions of sexual harassment or maltreatment at the College must be referred to the relevant Sexual Harassment Prevention Officer or to his/her Deputy when he/she is unavailable.
      2. A complaint may be submitted to the Officer within three years of committing harassment or the maltreatment, and if an ongoing event is concerned, of the date the actions constituting the harassment or maltreatment stopped.
      3. The complaint may be filed orally or in writing. If a complaint was filed orally, the Officer will write its content, and the complainer will sign the record to verify its content. The Officer will provide a copy of the written record to the complainer.
      4. The Officer shall notify the complainer of ways to treat the sexual harassment or the maltreatment in accordance with the Law.
      5. The Officer shall start processes to investigate the complaint.
      6. Within the clarification of the complaint, the Officer shall invite the defendant, present the details of the complaint before him, and ask for his response.
      7. If the complaint was filed by someone other than the victim – the Officer will clarify the facts the complaint details with the victim prior to contacting the defendant.
      8. To study the complaint, the Officer may summon anyone to provide information and/or document that pertains to the complaint or that may pertain to it. Failure to appear in the investigation and/or failure to disclose information and/or providing false information and/or failure to aid the Officer in investigating the complaint are a disciplinary offence for the purposes of the Disciplinary Regulations.
      9. The Officer will conduct the investigation constantly until its completion, to the extent possible.
      10. The complaint will be clarified while protecting the complainer’s, the victim’s, the defendant’s, and any other person’s dignity and privacy; and among other things, the Officer shall not disclose information he/she disclosed while clarifying the complaint unless doing so for the sake of clarifying the complaint or under the law will be mandatory.
      11. Should the Officer believe that the case’s circumstances require an expert on a field that demands expertise to clarify the complaint – he/she may avail him/herself to such an expert.
      12. The Officer shall not handle the complaint if he/she has a personal connection to the complaint’s subject or to the involved parties.
      13. The Officer may delegate the clarification to the Deputy – and he/she must do so under circumstances as described above.
      14. Should the Officer and the Deputy be unable to clarify the complaint for any reason, including circumstances as said in section 6 (A) 12, the complaint shall be brought before the Discipline Commissioner who will be able to clarify the complaint by himself or delegate it to another party, including non-employees.
      15. The President and whoever was put in charge of clarifying the complaint as said in sections 6 (A) 13 or 14 shall have all powers vested in the Officer and all duties that apply to the Officer.
      16. At the end of the investigation, the Officer shall submit a written summary of the complaint clarification and specify his/her recommendations for continued treatment thereof.

1. Interim Measures

In cooperation with the Discipline Commissioner and in coordination with the College President or CEO, the Officer may order that interim measures be taken, aimed to protect the complainer and/or the victim from academic or professional harm as a result of filing the complaint while clarifying the complaint, from harm that may disrupt the complaint investigation, or other harm within the professional or academic relations; among other things, the Officer may distance the defendant from the complainer and/or victim, to the extent possible, and as she may see fit under the circumstances.

1. Shelving the Complaint

The Officer may order that the complaint be shelved in any of the following cases, subject to a notice to the Dean of Students:

1. Should he/she find the complaint to be baseless.
2. Should the victim ask to revoke the complaint or not investigate it, provided only that the Officer was satisfied that the victim’s request was made of his/her own free will without coercion or other undue influence.
3. Should the Officer decide to shelve the complaint, she will notify the victim, the complainer (if the complaint was filed by someone other than the victim), the defendant, and the College CEO in writing. If the complaint was filed by a complainer other than the victim, and the victim asked to withdraw the complaint as said in the section above, the Officer shall not notify the defendant that the complaint was shelved.

7. Taking Means

8. Transferring the treatment of the complaint to a disciplinary proceeding – Should the Officer decide to transfer treatment to a disciplinary proceeding, the Officer shall forward all relevant material to the relevant complainer and/or victim, including:
   1. The complaint and its appendixes (if it was filed in writing) and the complaint’s summary if it was filed orally.
   2. The defendant’s response.
   3. The notes the Officer took during the investigation.
   4. Specification of interim measures taken – if any.
9. In addition, the Officer shall help the complainer and/or victim in preparing the case, as necessary.

8. The Disciplinary Proceeding

Sexual harassment is a disciplinary offence.

1. Upon starting the disciplinary proceeding against the defendant, the proceeding shall be administered in accordance with the Disciplinary Articles, before the College Disciplinary Committee.
2. Upon starting the disciplinary proceeding, the defendant will be entitled to receive all investigation materials gathered by the Officer within the investigation.
3. Should the defendant be charged with sexual harassment and/or maltreatment during the disciplinary proceeding – he will be subject to the penalty stipulated in the Disciplinary Articles or one of the following penalties: a written or a verbal warning, a reprimand which will go into his personal record, monetary damages to be paid to the victim, suspension from work for a limited time, a permanent or temporary suspension from school, termination of employment with or without damages.
4. Discussions in the disciplinary proceeding will be held in camera.
5. No identifying detail about the victim that was revealed within the disciplinary proceeding shall be published.
6. Subject to that said in sub-section E above, the publication of the judgment in the disciplinary proceeding shall be subject to the Disciplinary Committee’s discretion.

9. False Complaints and Assistance in False Complaints

Filing a false complaint, providing false information to support a false complaint, or otherwise assisting a false complaint, is a serious disciplinary offense for the purpose of the Disciplinary Regulations, and whoever will be convicted of such an offense within a disciplinary proceeding shall be sentenced to the penalty stipulated in the Disciplinary Regulations and/or the penalties stated in section 8 (C) to this Procedure.

10. Educational and Publicity Activities

The College shall act to hold educational and publicity activities to prevent sexual harassment and maltreatment in general, and within the workplace or place of education in particular. The Officer will be responsible to make sure this procedure will be advertised on the College’s message boards in various campuses and on the College website.

11. Protection of Confidentiality

The College will respect the privacy of complainers, victims and defendants to the extent possible while noting the demands of the Law and protecting other relevant interests, such as: the College’s duty to investigate cases of sexual harassment and maltreatment and taking measures against responsible parties, the duty to take collective and preventative measures to put an end to sexual harassment.

12. Storing Archived Materials

The Officer will gather and concentrate data on complaints he/she received during his/her work and prepare an annual report on the extent of sexual harassment and maltreatment at the College for the College President and the College CEO.

13. Appeal

The Officer’s and/or Deputy Officer’s decision in accordance with this Procedure, including the decision to shelve the complaint, may be appealed against to the College President within 15 days. The appeal will be submitted in writing and include explanations. The decision on the appeal shall be given within 15 days, to the extent possible.

14. Control

Each semester, the Discipline Commissioner shall send a table that concentrates the complaints that were filed to members of the management, and the table will include: the complainer’s details, the victim’s details, the defendant’s details, the essence of the complaint, the complaint submission date, the Officer’s recommendations, the date the recommendations were transferred to the claimant / Disciplinary Committee, the date the responses were sent to involved parties, the date the appeal was filed, the date the appeal was responded to, and other relevant details as the Officer may see fit.

15. Appendices

16. The Law to Prevent Sexual Harassment, 5758-1998.
17. Regulations to Prevent Sexual Harassment (Employer’s Duties), 5758-1998.
18. The Equal Opportunity in the Workplace Law, 5748-1988.
19. Sexual Harassment Prevention Articles
20. Prohibition on Intimate Relations Within Superior/Subordinate Status Relations

Appendix no. 4

Sexual Harassment Prevention Articles

This Articles is intended to clarify the main points of the Law and the Regulations to Prevent Sexual Harassment (Employer’s Duties), 5758-1998. In the event of a contradiction between this Articles and the Law and its pursuant Regulations, the Law and the Regulations shall prevail.

Anything in this Articles said in the masculine applies to both sexes.

Introduction: Terms

Part A: What Are Sexual Harassment and Maltreatment?

1. What is sexual harassment?

Sexual harassment may be committed by a man or a woman, toward a man or a woman;

In accordance with the Law to Prevent Sexual Harassment, sexual harassment is one of five forbidden behaviors, which are:

• Extorting a person into performing a sexual act.

For example: an employer who threatens to fire an employee if she will refuse to have sex with him. A professor who threatens to lower a student’s grades if she will refuse to have sex with him.

• Indecent assault.

For example: an employee or commissioner who touches an employee to achieve sexual gratification, or who exposes himself to her without her consent.

• Repeated sexual propositions even though the person to whom they are directed indicated disinterest.

There is no need to indicate lack of consent in the following cases:

• Abuse of superior/subordinate status relations in the workplace.

For example: a manager who abuses his authority on his secretary.

• The abuse of superior/subordinate status relations, dependence relations, education relations or care for a minor, a helpless person^[1], or a patient.

For example: a professor who abuses his superior/subordinate status relations with a student.

• Repeated references to a person’s sexuality, even though the person to whom they are directed indicated disinterest.

For example: repeated reference to a sexual aspect of someone’s appearance, despite clarifications that this bothers that person.

However, there is no need to indicate lack of consent in cases stated in paragraph (3) above.

• Humiliating or disgraceful reference to a person’s sex or sexual orientation, whether or not that person indicated that this bothers him.

Lack of Consent

As a rule, people must indicate that they do not consent to acts of sexual harassment. This duty does not apply to the following:

I – Extorting a person into performing a sexual act (paragraph 1(1) above);

II – humiliating or disgraceful treatment (paragraph 1(5) above);

III – Abuse of superior/subordinate status relations in the workplace between the harassed person and the harassing person (regarding the acts in paragraphs 1(3) and (4) above);

IV – Abuse of superior/subordinate status relations, dependence relations, education relations or care – for a minor or a helpless person (regarding the acts in paragraphs 1(3) and (4) above);

V – Abuse of the patient’s dependence on the therapist, within psychological or medical treatment (regarding the acts in paragraphs 1(3) and (4) above).

Lack of consent is indicated either with words or with unequivocal behavior.

2. What is not considered harassment?

Despite of the legislator’s attempt to provide a detailed definition of sexual harassment, there is always a gray area due to the very nature of the definitions. For example, it is hard to define what will be considered “humiliating” or “disgraceful” reference to one’s gender or sexuality in advance. However, the prohibition on sexual harassment is not a prohibition on well-meaning courting with mutual consent.

3. What is maltreatment?

     Maltreatment is any kind of harm originating from sexual harassment, or a complaint or lawsuit due to sexual harassment.

When the act is committed within the academic studies or within professional relations, maltreatment will be any of the following:

• An employer or a person he appointed harms an employee or a prospective employee and/or an employee of the College or a person the College appointed who will harm a student or a person who is attempting to be admitted to the College – when the motive behind this is sexual harassment.

As for sexual harassment that falls under repeat sexual propositions and repeated references to a person’s sexuality, it will suffice if the motive behind the harm will be a single proposition or a single reference.

Examples:

A commissioner who bars an employee from being promoted due to her refusal to a single sexual proposal;

An employer who fires an employee due to her refusal to a single sexual proposal.

• An employer or a person he appointed harms an employee or a prospective employee and/or an employee who will harm a student or a person who is attempting to be admitted to the College – when the motive behind this is a complaint of maltreatment as said in this section or a lawsuit due to maltreatment as said.
• An employer or a person he appointed harms an employee or a prospective employee and/or an employee who will harm a student or a person who is attempting to be admitted to the College – when the motive behind this is one student’s assistance to another student or an employee in connection with a complaint or a lawsuit due to maltreatment as said in this section.

For example: an employee testified of maltreatment of another employee and the employer or commissioner will worsen the terms of her employment as a result.

Part B: The Consequences of Sexual Harassment and Maltreatment

Sexual harassment and maltreatment are illegal, and they constitute:

• A criminal act that may cause the harassing or maltreating party to be arrested or fined;
• A civil tort that constitutes cause of action; in such an action, one may claim monetary damages and other reliefs from the harassing and/or maltreating party, and in certain cases – from the said party’s employer.

Sexual harassment and maltreatment are disciplinary offences due to which the harassing or maltreating party may be penalized with a disciplinary penalty, as specified in the College’s “Prevention of Sexual Harassment” Procedure.

Part C: What to Do if You Were Sexually Harassed or Maltreated?

If a person believes he was sexually harassed or maltreated, he has three options under the law:

• Treatment at the College’s responsibility – if the harassment or maltreatment was performed within academic or professional relations, the victim may file a complaint with the College, as specified in the College’s “Sexual Harassment Prevention” Procedure.
• Criminal proceeding – the victim may complain at the police.
• Civil proceeding – the victim can file a lawsuit against the harassing or maltreating party by himself, and if he claims the College is responsible, against the College as well, within three years.

How are the various aforementioned proceedings connected?

• A victim of sexual harassment or maltreatment can choose to initiate one or more of the aforementioned proceedings.
• The College may decide how civil or criminal proceedings will influence the aspect of treatment it is responsible for.

Who can file a complaint, and under what circumstances?

The complaint may be filed by one of the following:

• An employee who claimed that another employee, commissioner or student sexually harassed him or maltreated him, within the academic activity or professional relations.
• A student who claimed that a College employee or another student sexually harassed him or maltreated him, within the academic activities or professional relations.
• Another person who claimed that a College employee a person it appointed or a student at the College sexually harassed him or maltreated him, within the academic activities or professional relations.
• Another person on behalf of a person as said in paragraph (1), (2), (3) – in this case, it is advised to present evidence that this person consented to filing the complaint (for example, a letter signed by that person).

Appendix no. 5

Prohibition on Intimate Relations within Superior/Subordinate Status Relations

(The following arrangement does not detract from existing provisions and procedures regarding sexual harassment)

1. The College considers intimate relations between people who have superior/subordinate status relations a personally and professionally harmful act toward the subordinate party within the superior/subordinate status relations, as well as a harmful act toward the academic and professional environment at the College. The College believes that within superior/subordinate status relations, there is serious concern that there is no genuine consent for the intimate relations, and that in any event, they have an adverse effect on gender equality at the campus and may result in exploitation and discrimination.

2. Intimate relations, including consensual sex, either casually or regularly, between teacher and student, when they have academic superior/subordinate status relations, is usually abuse of superior/subordinate status relations, and it may create conflict of interests which jeopardizes the educational and training process, and foster an inappropriate academic and community atmosphere. Hence, teachers may not have intimate relations with students as long as they have academic superior/subordinate status relations.

The superior party has the responsibility to prevent intimate relations from happening. If such relations exist, the superior party will be subject to investigation proceedings and/or disciplinary proceedings.

3. Should intimate relations as said arise, the teacher must immediately sever all superior/subordinate status relations with the student and/or report the intimate relations between him/her and the student to the superior academic position, so that it will act to sever the superior/subordinate status relations between them, among other things, by finding an alternative course for the student or teacher, replacing the tutor, transferring an exam or an assignment to be checked and assessed by another teacher, or in any other way that may sever the superior/subordinate status relations, all while avoiding harm to the student, including harm to the training pace, academic progress, granting scholarships and scholarship recommendations, grading, professional options, and so on.

4. For the avoidance of doubt, in the event of concern for the formation of superior/subordinate status relations after previous intimate relations, the teacher must avoid superior/subordinate status relations as said. For example, a professor will be required to disqualify him/herself from participating in a committee that deals with any kind of academic issue concerning a student with whom he/she has/had intimate relations, disqualify him/herself from a situation when he/she will have to grade the student, and so on.

5. “Academic superior/subordinate status relations” include, but are not limited to: direct teaching (participation in a course the teacher / exercise class / lab, guidance in assignments); granting scholarships or other benefits; membership in committees in the unit or department that discuss the student’s affairs, and participation in any action that may constitute a decision regarding the student. Within this, and without excluding other superior/subordinate status relations not listed above and below – department heads, unit heads, members of academic committees, program heads, and so on, are absolutely prohibited from having any intimate relations with a student who may be subject to them at any stage of his/her academic life.

6. The College’s organizational and academic structure and power relations in the campus do not sum up to superior/subordinate status relations only. All staff members have authority and influence over students and their junior staff members, by the power of their status, experience, professional reputation and relations with their colleagues. Hence, all members of the senior/junior/administrative staff must avoid abusing their power and influence in any way, especially sexually, and protect the campus’s academic and professional culture. Should suspicion of sexual exploitation or discrimination arise, the superior party will be subject to an investigation in accordance with the Sexual Harassment Prevention Procedure.

7. Duty to report: all staff members who received a complaint of a violation of the orders above from a student or another staff member must start the process of reporting to superior ranks. In such a case, staff members will be required to report to their superiors and/or to the department dean and/or to the Sexual Harassment Prevention Officer.

Let it be clarified that this section will not prejudice any student and staff member’s basic right to report of such relations to any other staff members and/or to the Officer.

8. Academic and administrative-organizational authority and subordination relations between members of the senior and junior staff and members of the academic staff, as well as between the aforementioned staff members and students, shall be considered superior/subordinate status relations for all intents and purposes, and they shall hence be subject to all provisions above and below.

Hence, all principles in this document shall apply, mutatis mutandis, to superior/subordinate status relations that involve members of the academic staff, members of the administrative staff, and students (within and between those groups, insofar as superior/subordinate status relations exist).

9. In any event of a reasonable concern that the fulfillment of these orders may harm an inferior party who is subject to other parties’ authority, the Sexual Harassment Prevention Officer will be presented with the case to provide instructions and a decision.

10. A violation of the orders above shall constitute a disciplinary offence.

[1]“Helpless person” – “someone who is unable to care for his livelihood, health or wellbeing due to his age, illness or physical or mental disability, intellectual defect, or any other reason”.