At Pebbles to Pearls Foundation (P2PF), we are committed to providing our supporters and partners with exceptional service.  As providing this service involves the collection, use and disclosure of some personal information about our supporters and partners, protecting their personal information is one of our highest priorities.

We respect the privacy of our supporters and partners and safeguard their personal information appropriately. We are guided in this task by British Columbia’s Personal Information Protection Act (PIPA).  PIPA, which came into effect on January 1, 2004, sets out the ground rules for how B.C. businesses and not-for-profit organizations may collect, use and disclose personal information.

We will inform our supporters and partners of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.

This Personal Information Protection Policy, in compliance with PIPA, outlines the principles and practices we will follow in protecting personal information of our supporters and partners.  Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our supporters’ and partners’ personal information and allowing our supporters and partners to request access to, and correction of, their personal information.

Scope of this Policy 

The scope of this policy extends to our supporters and partners regardless of location. It is not restricted to British Columbia, Canada. 

This Personal Information Protection Policy applies to Pebbles to Pearls Foundation.  

This policy also applies to any service providers collecting, using or disclosing personal information on behalf of Pebbles to Pearls Foundation.

Definitions

Personal Information –means information about an identifiable individual, e.g., including name, age, home address and phone number,etc.  Personal information does not include contact information (described below).

Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number.  Contact information is not covered by this policy or PIPA.

Privacy Officer – means the individual designated responsibility for ensuring that Pebbles to Pearls Foundation complies with this policy and PIPA. 

Policy 1 – Collecting Personal Information

1.1  Unless the purposes for collecting personal information are obvious and the supporter voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection. 

1.2  We will only collect information that is necessary to fulfill the following purposes: 

• To verify identity;
• To identify supporter preferences;
• To understand the donation wishes of our supporters;
• To provide charitable donation receipts for tax purposes;
• To deliver requested products and services
• To send out information;
• To contact our supporters for fundraising; 
• To ensure a high standard of service to our supporters and partners; 
• To meet regulatory requirements; 

Policy 2 – Consent

2.1  We will obtain supporter consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent). 

2.2  Consent can be provided by phone, email, text or writing or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the supporter voluntarily provides personal information for that purpose. 

2.3  Consent may also be implied where a supporter is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, information on projects, fundraising and the supporter does not opt-out. 

2.4  Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation),supporters can withhold or withdraw their consent for Pebbles to Pearls Foundation to use their personal information in certain ways.  A supporter’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product.  If so, we will explain the situation to assist the supporter in making the decision. 

2.5  We may collect, use or disclose personal information without the suppporter’s knowledge or consent in the following limited circumstances: 

• When the collection, use or disclosure of personal information is permitted or required by law;
• In an emergency that threatens an individual's life, health, or personal security;
• When the personal information is available from a public source (e.g., a telephone directory);
• When we require legal advice from a lawyer;
• To investigate an anticipated breach of an agreement or a contravention of law 

Policy 3 – Using and Disclosing Personal Information

3.1  We will only use or disclose supporter’s personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as: 

• To conduct supporter surveys in order to enhance the provision of our services;
• To contact our supporters directly about projects, services and products that may be of interest;] 

3.2  We will not use or disclose supporter’s personal information for any additional purpose unless we obtain consent to do so. 

3.3  We will not sell supporter lists or personal information to other parties.

Policy 4 – Retaining Personal Information

4.1  If we use supporter personal information to make a decision that directly affects the supporter, we will retain that personal information for at least one year so that the supporter has a reasonable opportunity to request access to it. 

4.2  Subject to policy 4.1, we will retain supporter personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose. 

Policy 5 – Ensuring Accuracy of Personal Information

5.1  We will make reasonable efforts to ensure that supporter personal information is accurate and complete where it may be used to make a decision about the supporter or disclosed to another organization. 

5.2  Supporters may request correction to their personal information in order to ensure its accuracy and completeness.  A request to correct personal information must be made in a manner that provides sufficient detail to identify the personal information and the correction being sought. 

5.3  If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year.  If the correction is not made, we will note the supporters’ correction request in the file. 

Policy 6 – Securing Personal Information

6.1  We are committed to ensuring the security of supporter personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks. 

6.2  The following security measures will be followed to ensure that supporter personal information is appropriately protected: 

Use of locked filing cabinets;

 Physically securing offices where personal information is held; 

the use of user IDs, passwords, encryption, firewalls; 

restricting employee access to personal information as appropriate (i.e., only those that need to know will have access; contractually requiring any service providers to provide comparable security measures.

6.3  We will use appropriate security measures when destroying suppporter’s personal information such as which will include  shredding documents,deleting electronically stored information etc. 

6.4  We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security. 

Policy 7 – Providing Supporters Access to Personal Information

 7.1  Supporters have a right to access their personal information, subject to limited exceptions. 

 A full listing of the exceptions to access can be found in section 23 of PIPA.  Some examples include:  solicitor-client privilege, disclosure would reveal personal information about another individual, health and safety concerns]

7.2  A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.  A request to access personal information should be forwarded to the Privacy Officer or designated individual.

7.3  Upon request, we will also tell supporters how we use their personal information and to whom it has been disclosed if applicable. 

7.4  We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request. 

7.5  A minimal fee may be charged for providing access to personal information.  Where a fee may apply, we will inform the supporter of the cost and request further direction from the supporter on whether or not we should proceed with the request. 

7.6  If a request is refused in full or in part, we will notify the supporter in writing, providing the reasons for refusal and the recourse available to the supporter. 

Policy 8 – Questions and Complaints:  The Role of the Privacy Officer or designated individual

8.1  The Privacy Officer or designated individual is responsible for ensuring Pebbles to Pearls Foundation’s compliance with this policy and the Personal Information Protection Act. 

8.2  Supporters should direct any complaints, concerns or questions regarding Pebbles to Pearls Foundation’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the supporter may also write to the Information and Privacy Commissioner of British Columbia. 

ARTICLE I. INTRODUCTION AND PURPOSE

The Pebbles to Pearls Foundation (the “Foundation”) requires its directors, officers, employees, consultants and volunteers to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. The Board of Directors (the “Board”) of the Foundation, recognizing that it is entrusted with resources devoted to charitable purposes, has adopted this Conflict of Interest Policy (the “Policy”). The purpose of this Policy is to protect the Foundation’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of a director, officer, employee or other person in a position of authority within the Foundation. The Foundation strives to avoid conflicts of interest to ensure that it continues to operate in accordance with its purposes.

ARTICLE II. DEFINITIONS

Section 1. Duty of Loyalty of Interested Persons.

Conflicts of interest can place personal interests at odds with the fiduciary “duty of loyalty” owed to the Foundation. The duty of loyalty requires a director, manager, officer, employee, or member of a committee with governing board-delegated powers (each, an “Interested Person”), to refrain from using his or her position for personal gain,  and avoid acting on issues in which his or her personal or financial interests could conflict with the interests of the Foundation.

Section 2. Direct and Indirect Conflicts of Interest.

Conflicts of interest arise from personal relationships or from a financial interest sufficient to appear to influence the objective exercise of duties and responsibilities expected by the Foundation Conflicts can arise either directly or indirectly. A direct conflict can arise where an Interested Person has a personal or financial interest in any matter involving the Foundation or has a financial or agency relationship (i.e., is a director, officer, manager, partner, associate, trustee or has a similar agency relationship) with an entity involved in a transaction or other business with the Foundation. An indirect conflict can arise where someone related to an Interested Person by business affiliation, or a “Family Member” (spouse, parents-in-law, ancestors, brothers and sisters (whether whole or half-blood), children (whether natural or adopted), grandchildren, great- grandchildren, and spouses of brothers, sisters, children, grandchildren, and great-grandchildren) of the

Interested Person has dealings with the Foundation. By way of example, an Interested Person has a financial interest if such person has, directly or indirectly, through business, investment or a Family Member:

(a) an ownership or investment interest in any entity with which the Foundation has a transaction or arrangement;

(b) a compensation arrangement with the Foundation or with any entity or individual with which the Foundation has a transaction or arrangement; or

(c) an ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Foundation is negotiating a transaction or arrangement.

Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial

(maximum of $25).

Section 3. Potential and Actual Conflicts of Interest.

Acts that mix the personal or financial interests of an Interested Person with the interests of the Foundation are indicative of a conflict of interest. Not every potential conflict is an actual conflict, however. An Interested Person who has a financial interest in a matter involving the Foundation may have a conflict of interest requiring application of the mitigating procedures described in this Policy only if the appropriate party designated in Article III, Section 3 decides that such a potential conflict of interest is actual or material.

However, acts that even have the appearance of a conflict of interest can be damaging to the reputation of the Foundation. Consequently, the Foundation seeks to avoid potential and actual conflicts of interest, as well as the appearance of conflicts.

Section 4. Activities that may present a Conflict of Interest.

The following is a non-exclusive list of the types of activities that may present a conflict of interest and should be disclosed in accordance with Article III.

(a) Adverse Interest. Participation by an Interested Person in decisions or negotiations related to a contract, transaction or other matter between the Foundation and: (i) the Interested Person; (ii) an entity in which the Interested Person or a Family Member of such person has financial interest; or (iii) an entity with which the Interested Person has an agency relationship.

(b) Competing Interests. Competition by an Interested Person, either directly or indirectly, with the Foundation in the purchase or sale of property or property rights, interests, or services, or, in some instances, competition directly for the same donor or external resources.

(c) Use of Resources. Use of the Foundation’s resources (for example, staff, contracts, donor lists, or contacts) for personal purposes of the Interested Person or a Family Member of such person.

(d) Inside Information. Disclosure or exploitation by an Interested Person of information pertaining to the Foundation’s business for the personal profit or advantage of such person or a Family Member of such person or a person/entity with whom the Interested Person has an agency relationship.

(e) Receiving Gifts. Means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, honorarium, or other item having monetary value. These include services as well as gifts of training, transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. The Interested Person may accept unsolicited gifts having an aggregate value of $25 or less.

Section 5. Disclosure.

The primary obligation of any person subject to this Policy who may be involved in a conflict of interest situation is to bring it to the attention of those designated under the disclosure procedures in Article III so that the potential conflict can be evaluated and addressed. An Interested Person should not make the decision about whether a conflict of interest exists unilaterally.

ARTICLE III. PROCEDURES TO DISCLOSE AND RESOLVE CONFLICTS

Section 1. Duty to Self-Disclose.

An Interested Person shall make an appropriate disclosure of all material facts, including the existence of any financial interest, at any time that any actual or potential conflict of interest arises. This disclosure obligation includes instances in which an Interested Person who is a director knows of the potential for a self-dealing transaction. It also includes instances in which the Interested Person plans not to attend a meeting of the Board or a Board committee with governing board-delegated powers (a “Committee”) at which he or she has reason to believe that the Board or Committee will act regarding a matter about which he or she may have a conflict. Depending on the circumstances, this disclosure may be made to the Board Chair, or, if the potential conflict of interest first arises in the context of a Board or Committee meeting, the entire Board or the members of the Committee considering the proposed transaction or arrangement that relates to the actual or possible conflict of interest. In addition, Interested Persons shall, in accordance with Article V, make a disclosure of on-going relationships and interests that may present a conflict of interest.

Section 2. Disclosure of Conflicts.

If an Interested Person becomes aware of any potential self-dealing or common directorship transaction or other conflict of interest involving another Interested Person, he or she should report it in accordance with the requirements of this Article III.

Section 3. Evaluation of Potential Conflict.

After disclosure of all material facts and any follow-up discussion with the Interested Person with a potential conflict of interest, a determination must be made about whether a material financial interest, self-dealing transaction or other kind of actual conflict exists. If the potential conflict is first disclosed during a Board or Committee meeting at which the Interested Person with the potential conflict is in attendance, the Interested Person shall leave the meeting while the determination of whether a conflict of interest exists is discussed and voted upon.

If the disclosure is made outside of the context of a meeting, then the determination of whether a conflict exists will be referred to the Board (the decision-making body) for decision and action. In either event, the decision-making body will evaluate the disclosures by the Interested Person, and will determine on a case-by- case basis whether the disclosed activities constitute an actual conflict of interest. Factors the decision-making body may consider when determining whether an actual conflict exists include (i) the proximity of the Interested Person to the decision-making authority of the other entity involved in the transaction, (ii) whether the amount of the financial interest or investment is higher than € 25 and (iii) the degree to which the Interested Person might benefit personally if a particular transaction were approved.

If it is determined that an actual conflict of interest exists which is not a self-dealing transaction, but involves participation by the Interested Person in decisions or negotiations related to a material contract, transaction or other matter between the Foundation on the one hand and (i) the Interested Person, (ii) an entity in which the Interested Person or a Family Member of such person has financial interest, or (iii) an entity with which the Interested Person has an agency relationship on the other hand, then the matter in question can only be authorized if approved by the vote described in Section 5(b) after the Foundation has followed the procedures set forth in Section 4.

In all other circumstances where it is determined that an actual conflict of interest exists, the decision-making body will recommend an appropriate course of action to protect the interests of the Foundation. All disclosures and the outcome of the deliberation about whether a conflict of interest exists will be recorded in the minutes of the appropriate deliberative meeting.

Section 4. Procedures for Addressing a Conflict of Interest.

Prior to voting on a contract, transaction or matter in which an actual conflict of interest is found to exist, the Board will follow the procedures described in this Section.

(a) The Interested Person may make a presentation at the Board meeting at which such transaction is being considered, but after the presentation, he or she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest. The Chairperson of the Board shall, if appropriate, appoint a disinterested person to investigate alternatives to the proposed transaction or arrangement.

(b) After exercising due diligence, the Board shall determine whether the Foundation could obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.

(c) If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the Board shall determine whether the transaction or arrangement is in the Foundation’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination, the Board shall make its decision as to whether to enter into the transaction or arrangement by the vote described in Section 5.

Section 5. Vote Required for Approval of Conflict Transaction.

(a) A self-dealing transaction must receive prior approval by the Board, and with knowledge of the

material facts of the transaction and the involved director’s interest.

(b) A transaction in which an actual conflict of interest exists but is not a self-dealing transaction must receive prior approval by the Board present at a meeting.

Section 6. Violations of the Conflict of Interest Policy.

(a) If the Board has reasonable cause to believe that an Interested Person has failed to disclose actual or possible conflicts of interest, it shall inform the Interested Person of the basis for such belief and afford the Interested Person an opportunity to explain the alleged failure to disclose.

(b) If, after hearing the Interested Person’s response and after making further investigation as warranted by the circumstances, the Board determines the Interested Person has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

ARTICLE IV. RECORDS OF PROCEEDINGS

The minutes of the Board meeting convened to consider a transaction subject to the mitigating procedures described in Article III shall contain:

(a) the names of the Interested Persons who disclosed or whom otherwise were found to have a financial or other interest in connection with an actual or possible conflict of interest, the nature of the financial or other interest, any action taken to determine whether a conflict of interest was

present, and the Board’s decision as to whether a conflict of interest in fact existed.

(b) the names of the persons who were present for discussions relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement.

ARTICLE V. STATEMENTS

Each person subject to this Policy shall sign a statement on the conflict of interest disclosure form (“Conflict of Interest Disclosure Form,” attached as Schedule 1) or such other form as the Board adopts, which at a minimum affirms that such person:

(a) has received a copy of the Policy;

(b) has read and understands the Policy;

(c) has agreed to comply with the Policy; and

(d) understands the Foundation is charitable.

In addition, Interested Persons shall make an annual disclosure of on-going relationships and interests that may present a conflict of interest. Disclosures should address current affiliations, as well as past affiliations for the prior two years. Conflict of interest disclosure forms will be submitted to the compliance officer, and when appropriate, at or prior to action on relevant business transactions.

SCHEDULE 1: CONFLICT OF INTEREST DISCLOSURE FORM

The undersigned, as a director, manager, employee, officer, consultant or member of a committee with governing board-delegated powers, of the Cordaid Foundation (the “Foundation”), acknowledges that:

1. he or she has received a copy of the Foundation’s Conflict of Interest Policy (the “Policy”);

2. he or she has read and understands the Policy;

3. he or she has agreed to comply with the Policy;

4. he or she understands the Foundation is charitable and

5. the following on-going relationships and interests may present a conflict of interest: (disclosures should address current affiliations, as well as past affiliations for the prior two years, and should include all of the following: the undersigned’s employer, all corporations (nonprofit and for-profit) of which the undersigned is a board member or officer, and the names of such of the undersigned’s Family Members or business affiliates or any other relationships the undersigned has which the undersigned believes may present a potential conflict)

The conflict of interest code is applicable until termination of employment or assignment, or in situations where a member of a committee with governing board-delegated powers withdraws.

Name:  

Title:  

Signature:  

Date:    

Introduction 

Sexual violence is a serious problem that needs attention and intervention throughout society and within institutions. Acts of sexual violence have a significant impact on survivors, their friends and family members, and on those who work closely with survivors as supporters, advocates and educators. Pebbles to Pearls Foundation (P2PF) recognizes that sexual exploitation and sexual abuse violate universally recognized international legal norms and standards. Aligned with Canada’s commitment to the delivery of international assistance grounded in a human rights framework, P2PF places human rights and dignity at the centre of its development work.  

The objective of this document is to articulate our shared commitment to preventing sexual violence in our organization and programs by defining a framework for the way we carry out our work and set out expectations. However, to be efficient the Code of Conduct needs to be translated into actions. Identifying gaps between policies and practices and working to close them are paramount. To this end, MFC is a proud signatory to the Canadian Council of International Cooperation (CCIC) Leaders’ Pledge and has notably committed to: 

• Establishing a culture of zero tolerance to all forms of sexual misconduct in all the work that we do  
• Improving our collective ability to recognize and tackle power imbalances and gender inequalities that can enable sexual misconduct, including intersecting forms of discrimination  
• Aiming to create work environments free from sexual misconduct by and of civil society organization (CSO) staff and volunteers within our organizations and the countries in which we operate  
• Benefiting from each other’s experiences and strengths, and identify joint solutions, including by sharing and building knowledge and capacity around survivor/victim centred approaches 
• As light has been shed on sexual violence within our sector, it is our Duty of Care to ensure everything is being done to mitigate risks of sexual violence and do no harm in the communities we serve. In recent literature covering sexual violence prevention, organizational culture has been defined both as a key factor of the problem and as part of the solution. To create cultural change in our sector, it is essential that everyone actively address issues contributing to sexual violence. 
• It is on all of us to change the culture around sexual violence 

Our commitments: 

P2PF is committed to improving our collective ability to recognize and tackle power imbalances and gender inequalities that can enable sexual violence, including intersecting forms of discrimination. We are committed to establishing a culture of zero tolerance to all forms of sexual violence in all the work that we do. We are committed to creating a work environment free from sexual violence for staff, volunteers, partners, contractors and local populations within our organizations and the countries in which we operate. We are committed to protecting people involved in our programs and the communities we serve from sexual exploitation and sexual abuse, especially children. We are committed to building knowledge and capacity around survivor/victim centred approaches. 

Principles:  

P2PF adopts the United Nations Inter Agency Standing Committee’s (IASC)  six core principles intended to set forth standards to prevent sexual exploitation and abuse (SEA): 

1. Sexual exploitation and abuse by humanitarian workers constitute acts of gross misconduct and are therefore grounds for termination of employment. 
2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defence.  
3. Exchange of money, employment, goods, or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour is prohibited. This includes exchange of assistance that is due to beneficiaries. 
4. Sexual relationships between humanitarian workers and beneficiaries are strongly discouraged since they are based on inherently unequal power dynamics. Such relationships undermine the credibility and integrity of humanitarian aid work.  
5. Where a humanitarian worker develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same agency or not, he or she must report such concerns via established agency reporting mechanisms.  
6. Humanitarian workers are obliged to create and maintain an environment which prevents sexual exploitation and abuse and promotes the implementation of their code of conduct. Managers at all levels have specific responsibilities to support and develop systems which maintain this environment. 

P2PF recognizes also that sexual violence, notably sexual exploitation and sexual abuse, violate universally recognized international legal norms and standards. We deliver projects and programs and work with partners grounded in a human rights framework.  

Sexual violence is rooted in power imbalances, notably in gender inequalities. To prevent sexual violence, we need to explore power imbalances based on racism, sexism, ableism, homophobia, transphobia and other interrelated stereotypes. In other words, we use a holistic approach to sexual violence prevention, considering how different facets of an individual personal characteristics’ interplays. This approach is also referred to as intersectionality. As we navigate international legal norms, Canadian laws as well as national laws in the countries in which we work, we will not always be able to explore power imbalances, especially based on homophobia and transphobia. We will however engage partners in a dialogue on bases of discrimination (i.e. 

sexual orientation, gender identity), as defined by the Canadian legal framework.  

Zero-tolerance means that inaction towards sexual violence is unacceptable. Appropriate disciplinary action will be taken against the perpetrator following an investigation process. Sexual violence can be grounds for dismissal. In recent literature on the prevention of sexual violence, organizational culture has been defined both as a key driver of the problem and as part of the solution. We therefore decided to address risks of sexual violence by engaging personnel, partners, volunteers and other program stakeholders on these issues. 

P2PF will focus on consent to raise awareness on issues of sexual violence. As such, sexual activities with the absence of consent will be considered as an assault. The absence of “no” is not a synonym of consent. Consent can be withdrawn at any time. Furthermore, obtaining “consent” when an individual is impaired or threatened is not a valid consent. 

When we investigate, we protect the rights of both the complainant and the respondent. We are factual, fair and uphold confidentiality measures. We maintain independence between investigation process and provision of assistance. We recognize the importance of identifying competent, skilled and experience individuals to run investigations which may be internal or external. 

When responding to sexual violence, we use a Survivor Centered-Approach by giving the control over the decision-making process to the survivor following an incident. However, there are limitations to this approach. Under certain circumstances the organization may reclaim decision-making authority. Depending on the laws and legal obligations related to sexual violence in each country of activities, P2PF  might not be able to provide the flexibility required by the survivor. If the survivor’s choice places them or others at risk of further harm the organization may also reclaim decision making authority. Being transparent about these limitations mitigate risks of revictimization. In such cases, survivors may feel less in control, but the focus of the approach is ultimately on their recovery and health and on the protection of others.  

By building capacity regarding sexual violence, we can better serve individuals, families and communities and ultimately do no harm. 

Our Shared Responsibilities in Upholding This Code 

Individual Responsibilities 

Volunteers, interns, staff, managers, partners, board members, contractors and subcontractors must:  

• Familiarize themselves with this Code of Conduct and uphold it.  
• Make every reasonable effort to ensure and maintain an environment free of sexual violence.  
• Raise concerns regarding risks or possibilities of sexual violence.  
• Report incidents of sexual violence.  
• Treat any information related to sexual violence with utmost confidentiality and share related information only on a “need-to-know” basis, i.e. only with designated relevant parties.  

Managers’ Responsibilities  

Managers have a key role to play and bear added responsibilities to: 

• Ensure volunteers, interns, staff, contractors and subcontractors under their supervision are informed, understand and comply with the Code of Conduct.  
• Ensure training on sexual violence is provided.  
• Set example for appropriate behaviours. 
• Address concerns and respond to incidents and disclosures according to organizational standards.  
• Protect individuals from retaliation.  
• Use appropriate sanctions when lack of compliance is established.  

Organizational Leadership Responsibilities  

The Board members are expected to ensure every effort is being made to prevent sexual violence from occurring, and verify that an adequate response and protective measures are implemented once they become aware of an incident by: 

• Ensuring sufficient human and financial resources are available for the organization to follow through on its commitment,  
• Ensuring the implementation of best practices in recruitment and onboarding in accordance with the Code of Conduct, 
• Ensuring that all volunteers, interns, employees, managers, contractors and subcontractors understand, sign and comply with the Code of Conduct, 
• Ensuring that every partner organizations either sign this Code, develop or have their own Code of Conduct,  
• Ensuring expectations inclusion regarding partners’ engagement and collaboration towards awareness and prevention of PSEA in contracts and memorandum of understanding 
• Ensuring protection from retaliation to individuals raising concerns or reporting incidents,  
• Ensuring performance management to mitigate against the occurrence of sexual violence, including taking corrective action when needed,  
• Review the Code of Conduct and its implementation on an annual basis. 

Our Commitment to Our Colleagues 

 At MFC, we foster a healthy work environment. You uphold the Code of Conduct when you:  

• treat everyone with respect, not infringing on somebody else’s rights,  
• discourage jokes or comments that are sexist, racist, heterosexist, ableist, etc.  
• respect the confidentiality of anyone involved in a complaint,  
• co-operate in the investigation of complaints and the efforts to resolve them.  

You Should Avoid:  

Condescending or disrespectful behavior, including derogatory messages, e-mails or comments on social media, 

Any form of sexual violence, including sharing sexually explicit materials without consent, 

Trivialise sexual violence notably by: 

• avoid supporting myths and stereotypes around consent (e.g. once consent is given it cannot be removed, alcohol is useful to obtain consent, etc.)  
• avoid denying or playing down sexual violence (e.g. “Boys will be boys” or “the culture is different here”,)  
• avoid making survivors responsible for being assaulted (e.g. a young person going out alone is asking for it, women wearing short skirts are partly responsible, etc.)  
• avoid supporting myths and stereotypes around assault (e.g. people lie about being assaulted, false accusations are very common, etc.)  

You Should Raise Concern:  

• When suspecting possible violations of this Code of Conduct.  
• When noticing risk factors in the workplace or in programs, including but not limited to:  
• acceptance of rape myths (e.g. “all men do this”), 
• strong bias against groups or individuals (e.g. remarks, jokes or banter that are crude, treating subordinates with disrespects, demeaning comments towards beneficiaries), 
• acceptance of coarsened social discourse outside the workplace (e.g. increasingly heated discussions of current events happening within or outside the workplace),  
• minimization of other forms of misconduct such as bullying,  
• substance abuse or encouraging alcohol consumption (e.g. excessive alcohol consumption at a work-related event). 

You Should report:  

▪ Unwanted, inappropriate or disrespectful sexual advances or harassment,  

▪ Bullying, perceived threats, intimidation, verbal or physical outrages,  

▪ Hostility to individuals due to race, religion, gender, gender identity, gender expression, sexual orientation, disability or other characteristic protected by law.  

▪ Incidents of sexual violence or situations that threaten the safety, security or wellbeing of staff. 

Our Commitments to our Partners and the Communities We Serve 

Sexual violence is a considerable barrier to sustainable development and to the meaningful participation of individuals, and particularly women. Our responsibility is to do everything in our power to reduce risks of sexual exploitation and abuse for our partners and the communities we serve, especially children.  

You uphold our Commitments when you:  

• Treat partners and community members with respect and dignity,  
• Exercise special care to protect children against sexual exploitation and abuse,  
• Recognize and acknowledge the power dynamics at play within our working relationships and stay alert to these realities (e.g. acknowledge your own privilege and bias and how it might influence your work, avoid reinforcing power dynamics) 
• Build trust and recognize partners’ strengths and contribution,  
• Engage partners in a dialogue around sexual violence, sharing best practices, lessons learned and tools on a annual basis.  

You Should Not Engage in:  

• Pursuing services from sex workers at all times, regardless of the local and national laws of the country of mission.  
• Sexual activities with children (persons under the age of 18) and vulnerable adults regardless of the local age of consent2. Ignorance or mistaken belief in the age of the child or the status of the vulnerable adult cannot constitute a defence.  
• Any action that would suggest or imply that a sexual act might be demanded as a condition for engaging in offered programs and services.  
• Exchanging money, employment, lodging, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour. This includes the exchange for services to which program participants are entitled. 
• Having a romantic or sexual relationship with an ultimate recipient or partners’ staff since they are based on inherently unequal power dynamics. 

You Should Raise Concern:  

• When suspecting possible violations of this Code of Conduct, • When noticing risk factors of sexual violence:  
• Acceptance of rape myths (e.g. “all men do this”),  
• Strong bias against groups or individuals (e.g. remarks, jokes or banter that are crude, treating subordinates with disrespects, demeaning comments towards beneficiaries), 
• Minimization of other forms of misconduct such as bullying 
• Substance abuse or encouraging alcohol consumption (e.g. excessive alcohol consumption at a work-related event), 
• Hostility, demeaning attitudes or objectification. 

You Should Report: 

 ▪ Unwanted, inappropriate or disrespectful sexual advances or harassment,  

▪ Bullying, perceived threats, intimidation, verbal or physical outrages,  

▪ Hostility to individuals due to race, religion, gender, disability or other characteristics protected by law of the country where the program is implemented, 

 ▪ Incidents of sexual violence or situations that threaten safety, security or well-being. 

 ▪ Sexual abuse of children. 

Getting HELP 

If you need help regarding sexual violence, support will be available and will not depend on your decision to report the incident. You do not need to complete a formal report before accessing support from the organization. We can arrange support services if you were impacted by sexual violence. Work accommodations and travel arrangements can also be made if you need care or support that is not available locally. In order to access support, you can: 

 1. Disclose the incident to the PSEA representative or somebody you trust within the organizational structure  

If you have been sexually assaulted, call the local sexual assault crisis line (if such exists)   or contact your local police service.  

How is information managed once you disclose an incident? 

Following a disclosure, staff and-or managers are bound by confidentiality but have the obligation to report up to the PSEA representative.  

Therefore, we will avoid sharing information that can identify the survivor when it is not absolutely necessary. The organization also has the obligation to inform funders and the general public but will do so without providing information that can contribute directly or indirectly to survivor identification. 

How and when to raise concerns  

We encourage you to raise concern when you notice a risk factor, witness an inappropriate behavior of have suspicions about incidents of sexual violence. You can raise concern when you are the victim of an inappropriate behavior or when you are a bystander. One of the most tragic aspects of sexual violence is when people look the other way. 

If you are unsure, you can ask yourself:  

Does my concern meet the spirit of this Code of Conduct?  

Who might be affected if I do not raise concern?  

If the event was made public, would I feel comfortable explaining why I did not raise concerns?  

Is my judgment impartial, or do I have a personal stake in the outcome that makes me less objective?  

What are the consequences if I raise concerns in good faith?  

When something does not feel right, stay alert and start documenting the situation. Try to be factual by writing down what was said, what you saw, what you heard, date, time and location. 

 We do not expect you to become an expert in sexual violence but want to reinforce the importance of each person’s involvement in strengthening mitigation strategies. As talking about sexual violence is still surrounded by many taboos, it is paramount to create channels to talk about problematic behaviors. Research shows that clear and confidential communication channels enables organizations to intervene before incidents of sexual violence escalate. By raising concern, you participate to risk mitigation, you enable the organization to exercise its Duty of Care and ultimately contribute to prevention of sexual violence. 

 If you want to raise concerns, you can:  

Speak-up when an inappropriate behavior is taking place, when it is safe to do so.  

Talk to your supervisor during one of your regular check-ins and follow-up with an email including information about the incident (date, time, location, details about the incident, name of people involved including witnesses) 

Request a meeting with another manager to talk about your concern and follow-up with an email including information about the incident (date, time, location, details about the incident, name of people involved including witnesses) 

How to report an incident 

We encourage you to provide your name when reporting an incident. This will enable us to look into your concern thoroughly by contacting you when additional information is needed or to help us protect you from retaliation for making a good faith report. For example, there may be circumstances when disclosing your identity is required to fully investigate. 

If you want to report an incident disclosing your name you can:  

E-mail: geraldine@pebblestopearlsfoundation.ca

Phone: 604 848 4807

Post: 39073 Kingfisher Road, Squamish, BC V8B 0S9 

 Attention: PSEA representative 

To prepare your call or your email, write down date, time, location, details about the incident, name of people involved including witnesses.  

Use the Reporting Form in Annex 3 (Sexual Exploitation and Abuse in International Assistance or Annex 4 (Sexual Violence at MCIC) 

If you want to report an incident anonymously you can:  

Email: geraldine@pebblestopearlsfoundation.ca In your email, include as much information as possible: date, time, location, details about the incident, name of people involved, including witnesses. 

 Please also consider the questions below in your email preparation:  

If you are the survivor: Are you still at risk? Do you fear reprisal? 

If you are a bystander: Does the survivor know that you are reporting the incident? Is the survivor still at risk? Are you at risk? 

If there were witnesses: Who are they? Can they be contacted? Are they at risk? 

Does the incident involve a minor? Not every complainant is willing to reveal his/her identity.  

We will not consider such a report less truthful than another type of complaint. Anonymous complaints will be treated just as seriously as complaints where the identity of the complainant is known because of the potential for future harm and our responsibility to create a safe and abuse-free environment.  

However, we encourage you to provide as much information as possible to facilitate the investigation process. An investigation process will only be possible if enough background information is available. If information is insufficient to start an investigation, the complaint will be documented and kept in a confidential manner to respect the rights of the individuals implicated in the complaint, while also allowing to leave a documented trace in case of further reports. 

Anti-retaliation 

P2PF will not tolerate retaliation against anyone who, in good faith, reports a concern or participates in an investigation, even if the allegation ultimately is not substantiated. 

Enforcement 

We implement a zero-tolerance approach to all forms of sexual violence. A zero-tolerance approach signifies that allegations are investigated whenever possible, and that perpetrators are held to account, including through prosecution and-or dismissal where appropriate. 

Every formal complaint of sexual violence will lead to investigation when enough information is available. The investigation will be conducted upholding principles of confidentiality, fairness and neutrality. When these principles cannot be guaranteed by somebody within our organization, we will differ investigation to an external party.  

Disciplinary sanctions up to and including exclusion from the organization/program or termination of employment/contract will be applied.  

Anyone found to have engaged in retaliatory conduct against someone who has refused to participate in sexual violence, disclosed, raised concern or reported an incident will be subject to disciplinary action, and possibly termination.  

Any proven false accusations of sexual violence that was made maliciously can be deemed to constitute a violation of P2PF Policy and Code of Conduct. 

ANNEXES: 

Annex1: Key definitions  

Consent: Sexual activity is only legal when both parties’ consent. Consent is defined in Canada’s Criminal Code in s. 273.1(1), as the voluntary agreement to engage in the sexual activity in question. The law focuses on what the person was thinking and feeling at the time of the sexual activity. Sexual touching is only lawful if the person affirmatively communicated their consent, whether through words or conduct. Silence or passivity does not equal consent. The Criminal Code also says there is no consent when:  

Someone says or does something that shows they are not consenting to an activity  

Someone says or does something to show they are not agreeing to continue an activity that has already started  

someone is incapable of consenting to the activity, because, for example, they are unconscious 

the consent is a result of a someone abusing a position of trust, power or authority  

someone consents on someone else’s behalf.  

A person cannot say they mistakenly believed a person was consenting if:  

that belief is based on their own intoxication; or 

they were reckless about whether the person was consenting or;  

they chose to ignore things that would tell them there was a lack of consent; or  

they didn’t take proper steps to check if there was consent.  

The responsibility for ensuring there is consent is on the person who is initiating or pursuing the sexual activity. When someone has said no to sexual contact, the other person cannot rely on the fact that time has passed or the fact that the individual has not said no again to assume that consent now exists. (Source: Women’s Legal Education and Action Fund Website)  

Complainant is a term used in the context of an investigation and used in this document to identify the person that formulates a formal sexual violence complaint.  

Intersectionality: a holistic approach that considers how the interplay between the different facets of an individual’s personal characteristics, such as race, disability, sex and age, affects their identity as a whole. (Source: EISF) 

Psychological harassment: any vexatious conduct in the form of repeated and hostile or unwanted behaviors, verbal comments, actions or gestures, that affects a person’s dignity or psychological or physical integrity and that results in a harmful work environment for them. A single serious conduct can constitute harassment if it has the same consequences and if it has a continuing harmful effect. Vexatious behaviour is humiliating or abusive behaviour that violates a person’s dignity or causes them torment. Vexatious behaviour refers to the effect on the recipient, regardless of the intention of the offending person. A single serious incidence of such behaviour that has a lasting harmful effect may also constitute psychological harassment. (Source: CNESST Website)  

Respondent is a term used in the context of an investigation to designate the alleged perpetrator who exercises his or her right to participate, to know what information the procedure is relying on for its decision and to be given a chance to respond to that information.  

Sexual harassment is mostly used to define a form of workplace discrimination through a conduct or a course of vexatious comment that is known or ought reasonably to be known to be unwelcome and creates a hostile or offensive environment. The Canada Labour Code defines sexual harassment as any conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation in the workplace; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion. 

Examples of sexual harassment may include:  Unwelcome remarks or jokes, innuendoes or teasing about a person’s clothes, gender or sexual orientation; Unnecessary and unwanted physical contact such as touching, patting, pinching or rubbing, kissing, brushing up against a person ; Sexual advances ; Displaying of pornographic pictures or other offensive materials of a sexually explicit nature;  Unsolicited and offensive communication through emails, social medias or the telephone. 

Protection from sexual exploitation and abuse (PSEA) is a term used by the United Nations and non-governmental community to refer to measures taken to protect vulnerable people from sexual exploitation and abuse by their own staff and associated personnel. (Source: Global Affairs Canada) 

Sexual abuse: Actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. All sexual activity with a child is considered as sexual abuse. (Source: Global Affairs Canada)  

Sexual exploitation: Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. (Source: Global Affairs Canada) 

Sexual abuse and exploitation (SEA) are terms mostly used to define incidents occurring against beneficiaries. It does not necessarily include incidents against staff and volunteers. 

Depending on existing policies in each organization, one can decide to use SEA, sexual violence or SAHE (sexual abuse, harassment and exploitation). Examples include: if there are no policies are currently protecting volunteers from sexual violence, or organizations that have an Antiharassment Policy with a scope limited to staff in Canada, excluding interns or overseas staff. In these cases, it can be useful to use sexual violence instead of PSEA.  

Sexual violence: Sexual violence is the expression of a relationship of domination of one individual over another through a sexual act, committed without consent. It represents an infringement of fundamental rights, dignity, security, physical integrity and psychological integrity, and have serious repercussions for the individuals who suffer from it. It took years of struggle on the part of the women's movement for sexual violence to be recognize as a crime.  

It is defined by the World Health Organization as: "Any sexual act, attempt to obtain a sexual act, comment or advance of a sexual nature, or acts aimed at trafficking or otherwise directed against the sexuality of a person using coercion, committed by a person regardless of their relationship with the victim, in any context, including, but not limited to, home and work”. 

(2010) 

Sexual violence encompasses a range of acts including sexual harassment, sexual exploitation, sexual assault and sexual abuse occurring against beneficiaries, staff, volunteers, etc.  

Sexual assault: Sexual assault is a legal term and constitutes a criminal offence. The Supreme Court of Canada states that the act of sexual assault does not depend solely on contact with any specific part of the human anatomy but rather the act of a sexual nature that violates the sexual integrity of an individual. It includes being exposed to pornography or behaviors of a sexual nature (without consent) or being filmed during intercourse (without consent).  

Sexual misconduct is an umbrella term covering a variety of problematic behaviours of a sexual nature, including criminal and non-criminal conduct.  

Subcontractor is an individual (other than an Employee), a firm, a for-profit or not-for-profit organization, charitable organization or institution, acting alone or in a consortium, a joint venture, a partnership (limited or otherwise), having entered into a Subcontract with the Organization to undertake activities or perform work to achieve the outputs or outcomes of the Project. The term Subcontractor includes Canadian, international and local consultants. (General Terms and Conditions, GAC) 

Survivor (or victim) is a person who has experienced sexual violence. Medical professionals usually use the word “victim”. Survivor” is preferred in the mental health and social service sectors because it implies resilience rather than the word “victim”, often perceived as passive. People who have experienced trauma, however, can identify themselves in the way they prefer: victim or survivor. The survivor of an assault can be man or woman and the perpetrator can be of the same sex as the survivor. (Source EISF) 

Annex2: Keys questions 

What exactly is my responsibility? It is your responsibility to ensure nobody feels uncomfortable, threatened or unsafe because of your behaviour. You must create an environment that is safe and respectful. It is also your responsibility to report any suspected incidents of sexual violence by individuals covered by this Code of Conduct.  

What is the added responsibility of individuals in management position? Anyone who performs management duties and who commits an act of sexual violence or who knew of the sexual violence and did not take steps to remedy the situation, engages the liability of the organization. 

Should I raise concern about someone’s behaviour even though I am not sure there is sexual violence going on? You should share any concerns you have. It is for the investigators, not you, to follow up, investigate and confirm those concerns or suspicions. If you report allegations that subsequently prove to be untrue, you will not face repercussions where the reports were made in good faith. Your willingness to raise a concern may protect someone from further abuse.  

One of my colleagues just sent me a pornographic image as a joke. I am very uncomfortable and troubled by the situation. What can I do? Such an incident constitutes sexual violence. You are encouraged to report the incident using confidential channels to facilitate the organizational response. There is a difference between confidentiality and anonymity. If you reveal your identity it is easier for the organisation to investigate. It is also easier for the organization to protect you if you fear reprisal. The information shared and your identity is confidential, meaning it will be protected and kept   

Why am I not allowed to pay for sex with sex workers? Isn’t it consensual sex between adults? In the vast majority of cases, especially in situations of poverty, the consent is far from freely given and is out of desperation, or coercion. Exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour, is prohibited at P2PF. This prohibition against exchange of money for sex means staff, volunteers, managers, board members, sub-contractors, partners may not pay for sex workers. 

Aren’t these rules an intrusion into my private life? Isn’t what I do outside of office hours my own business? When you work with P2PF you are a representative of the organization during your personal time as well as during your work time. You accept this when you accept the job\mandate. You are held to a very high standard of conduct because your behaviour, both professional and personal, is always associated with P2PF. 

Why am I not able to have a relationship with ultimate recipients or with partner’s staff? These relationships are based on inherently unequal power dynamics. Unequal power dynamics provides unsuccessful conditions to obtain consent and creates favorable conditions to abuse power and for sexual violence.  

What to do if a community member reports an incident implicating another community member? Listen empathetically and avoid expressing an opinion. You can refer him/her to preidentified local service providers and keep a record of having done so. You are expected to report the incident and the steps taken to refer the community member P2PF however, will not conduct a case documentation or an investigation but an incident report will need to be completed. If the incident involves a minor MFC might be obligated to report the incident to local authorities. 

What is the difference between a formal report and a disclosure? A disclosure does not necessarily lead to a formal complaint, but many formal complaints start by a disclosure. If you disclose, you will not be obliged to make a formal complaint however the organization might do that on your behalf, following your approval. In some cases, if you are a minor for example, the organization might be obligated to report the incident to local authorities. It is important to know that once you disclose to a person within the organizational structure, that person will have the obligation to inform other people on a need-to-know basis, as the organization is accountable to provide support. More details are available below. 

What will the organization do to support and assist me if I’ve been sexually harassed, exploited, abused or assaulted? We provide support and assistance to people who have survived sexual violence while working or volunteering at P2PF or who have been targeted by staff or volunteers of P2PF. We will tailor the type of support and assistance to the wants and needs of the individual survivor. This may include work accommodation, medical treatment, legal assistance and psychosocial support. 

If I know a person who was sexually abusive, should I say their name? When you make a complaint, you should name the alleged perpetrator. We recommend that you don’t reveal the person’s name publicly because of the safety of everyone involved, local laws, and due process. 

What happens when you report? Any complaints related to sexual violence will be treated with the utmost confidentiality within our power. Information will be shared on a need-to-know basis within the response team, bound by confidentiality. The complaint will first be assessed to determine if enough information is available to do an investigation. When an investigation is possible, complainant and the respondent will be informed that an investigation is taking place. The investigator will want to interview the individuals involved whenever possible. We may refer the incident to the police after obtaining consent by the complainant or the survivor, unless the organization is legally obligated to do so. The complainant may withdraw the complaint or decide to halt further actions at any time, provided it is still within our power to comply and the matter has not yet been referred to police. At the end of the investigation, the complainant and the respondent will also receive information through the organization.

Annex3: Reporting Form - Sexual Exploitation and Abuse Allegations in International Assistance 

Instructions 

Member organizations and grantees should use this form to report allegations of sexual exploitation and abuse (SEA) linked to MFC-funded projects. If the information requested in the form is not available, leave that section blank.  

Complete Part A at the time of the initial allegation. Complete Part B at the conclusion of the investigation or, in the case of a lengthy investigation, to provide an update.   

Please fill out the “Reporting Form – Sexual exploitation and abuse allegations in international assistance” (available also at https://international.gc.ca/gac-amc/assets/pdfs/forms-formulaires/gacamc-3143e.pdf or use this appendix 

Privacy 

To protect the privacy of victims, survivors, whistleblowers and alleged perpetrators, organizations should not provide any information that could identify the individuals involved. All information will be treated as private and confidential in accordance with the federal Privacy Act. In cases where MFC must report the allegation to GAC, all information will also be handled in accordance with the Government of Canada’s Privacy Policy and the Personal Information Protection and Electronic Documents Act (PIPEDA).  

The organization will be informed when this form is shared with GAC. For more information on PIPEDA or the Privacy Act visit https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/.  This form can be emailed to:  geraldine@monafoundation.ca