Harassment, sexual harassment and assault is a form of discrimination arising from gender inequality among other reasons and is a common phenomenon in all areas of social life in different forms and levels. In addition, harassment, sexual harassment and assault constitute a crime because it is a violation of rights that can negatively affect victims in many ways. Workplace harassment negatively affects the working lives of people in various forms and levels. In corporate environments dominated by hierarchical relationships, harassment is often rendered invisible due to the difficulties faced by those who have been harassed in expressing it, and both the individual and the corporate environment suffer from this situation. Although it is clear that it is mostly committed as a form of discrimination against women, some people are also affected by harassment due to sexual orientation and gender identity. It is also possible that sexual harassment and assault can also be directed against men and occur between people of the same sex.
The purpose of this policy is to establish principles and promote regulations for the creation of a professional environment free from sexual harassment and assault. With this policy, Asyaport Port CO. INC. informs that it is ready to make efforts to raise awareness about harassment, sexual harassment and sexual assault, to prevent such incidents, and to operate an effective investigation and sanction mechanism in case of such allegations and complaints. Asyaport Port CO. INC. undertakes to inform and support victims about harassment, sexual harassment and assault, to take steps to provide restorative justice depending on the consent of the parties, to effectively handle all allegations and complaints regarding harassment, sexual harassment and assault.
This policy aims to contribute to the creation of a work environment where free of harassment, sexual harassment and assault, and to prevent such incidents. However, the purpose of the document is not to strictly discipline relations between the sexes, to prevent consensual relations, to impose a certain sexual morality, to prevent freedom of expression and free discussion, to include all kinds of personal tensions and discomfort with a sexual content in official processes and to face harsh sanctions. This document mainly aims to raise awareness on the issues of harassment, sexual harassment and assault, prevent behaviour that may be considered as harassment, and support victims. In addition, this document aims to empower victims of sexual harassment to express themselves more clearly and to stop unwanted relations.
Provisions in the policy cover all Asyaport Port CO. INC. and its subcontractors. This regulation applies to all situations where employees are together, without restriction of place and time.
With this policy, it undertakes to evaluate all allegations of harassment, sexual harassment and assault, to take administrative measures in accordance with the relevant legislation in cases where the investigation requires the proper functioning of the investigation and / or the protection of the complainant.; especially
2.1. Unwanted sexual attitudes and approaches that occur between people with an institutional hierarchy and asymmetry of power and that this situation negatively affects the administrative career and employment status of the abused person,
2.2. Unwanted sexual approaches that are used as a means of rewarding or retaliation, revenge, seriously disrupt the work environment because of their frequency or severity.
Any visual / verbal or physical behaviour that is directed against race, ethnicity, religion, sexual orientation, gender and personal characteristics, humiliating a person or people, using force or not, are within the definition of harassment. The element that determines the harassment is not the intention, but the effect the other person has on them.
Harassment is also included in the definition of harassment when an individual is disturbed in a way that affects his productivity, dignity and honor within the organization. This type of harassment manifests itself with examples such as isolating the person within the organization, not including them in projects, and preventing them from using communication and other personal rights.
Among the abusive behaviors, the most difficult to define is sexual harassment. Sexual harassment is mainly determined by the subjective circumstances of the event. There are many forms of sexual harassment, explicitly or implicitly; Although it is generally seen in subordinate-superior relations or male-female relations, it is also found among individuals in the same position.
- Sexual Harassment
Sexual harassment includes non-consensual, sexual speech, attitude, or other forms of behaviour without body contact. Depending on the setting and the "context" of the event, persistent repetitive actions or a single action can be considered as sexual harassment. "Continuity" is not a prerequisite.
Depending on the intensity and nature of sexual harassment, abusive acts; It is divided into three categories: simple harassment, constant harassment, and severe harassment. While not limited to this list, the following examples can constitute the types of sexual harassment mentioned:
1) Simple Harassment: They are acts that do not contain threats, blackmail or insults, but create disturbing and undesirable environments. For example, catcalls, making sexual jokes and compliments or using slang words, using unusually persistent behaviours to flirt, harassing with pornographic material, asking questions about one's sexual life, or producing gossip.
2) Constant Harassment: Occurs if simple harassment is done continuously despite warnings.
3) Severe Harassment: It is the actions that appear with threats, blackmail or insults and similar acts and are aimed at controlling the person's behavior. It may be related to the person's abuse of his professional position, as well as severe cases of harassment among those of equal status. In cases where it is stated explicitly or implied that the person will pay the costs related to his / her business life in cases where he / she does not comply with the sexual content offer, and if he / she does not comply, he / she will gain unworthy earnings.
C. Sexual Assault
Sexual assault is the violation of a person's body immunity by non-consensual sexual behavior. Sexual assault can occur in two forms:
In its first form, sexual assault occurs without intercourse in violation of one's body immunity. Examples of such sexual assault include; According to the characteristics of the situation, hugging, touching, caressing and touching can be counted.
In the second type of sexual assault, the person's body immunity is violated by inserting a sexual organ or other object into the body.
D. Child Sexual Abuse
Sexual assault and sexual harassment against those under the age of 18 are considered “child sexual abuse”.
Denial of sexual or emotional attempts and offers or wanting to complain about being harassed, implicitly or explicitly, making a person's work life difficult for revenge is also considered a form of harassment.
All Asyaport Port CO. INC. employees and subcontractors are responsible for the implementation of this policy.
- RESTORATIVE JUSTICE
Restorative justice is aimed at fully understanding the needs of the victim, and aims to reach solutions by including the victim and his / her environment and the person alleged to be abusing in the process. These kinds of solutions may be provided by Asyaport Port CO. INC. recommended by the complainant. However, such remedies are foreseen as an in-house solution that does not result in the suspension or interruption of the statute of limitations on disciplinary and criminal investigations or other legal remedies, which is not an alternative to existing application possibilities or a prerequisite for resorting to such remedies. Restorative justice does not necessarily mean mediation or conciliation.
Asyaport Port CO. INC. At all stages of handling allegations of harassment and sexual harassment, the applicant will act in accordance with the principle of confidentiality of the private lives of the person and the person complained of. The principle of confidentiality is also important in terms of resolving sexual harassment allegations and details of the private lives of the people in dispute without moving to the social environment.
5.1.2. Elaborate Principle
Asyaport Port CO. INC. pays attention and care to avoid all kinds of behavior that may cause the victim to be victimized again and that may damage the human dignity of the parties and to prevent such behaviors from occurring in the face of sexual harassment allegations. Especially in the application process regarding sexual harassment and assault allegations, this principle is intended to prevent the victim from being victimized again
5.1.3. Trust Principle
Asyaport Port CO. INC. behave in a way that does not damage the trust of the parties by respecting the principles of confidentiality and care.
5.2. Statement and Disclosure
Sexual harassment is often a phenomenon that takes place between two people and is difficult to prove, which pushes those who are abused to remain silent and thus creates an environment suitable for harassment. The prevention mechanisms introduced with this document will operate on the principle of understanding the nature of the incident with a more holistic reasoning about the nature of the harassment, the context of the incident and the persons, even in the absence of clear evidence. However, since the suspicion that will arise due to insufficient evidence in administrative and judicial investigation processes is interpreted in favor of the defendant, it is important that the abused people be sensitive about collecting and storing various types of materials that can be used as evidence in the investigation, provided that it is in compliance with the law.
Disciplinary sanctions will be imposed in cases where it is clearly understood that the claimant has deliberately lied and made false statements in the process after the applications made to the unit. This policy, Asyaport Port CO. INC. warns against emotional and other personal settlements over allegations of sexual harassment.
5.3. Precautions that can be taken by a person who thinks he / she has been subjected to sexual harassment
5.3.1. Avoiding situations and people that they think may be open to sexual harassment
5.3.2. Explicitly warn the person that the behavior is not welcome, and openly say "no" about unwanted sexual intimacy.
5.3.3. Notifying the person who commits an offensive behavior that they will take formal action if they do not stop
5.3.4. From the first moment, to collect whatever material can be used as evidence in the investigation, to keep a record of the events, to keep the evidence, and to share the incident with close people
5.3.5. Applying to the police for prevention and protection.
5.4. Precautions that can be taken by a person who thinks he / she is exposed to sexual assault
5.4.1. Avoiding situations, places and people that they think may be open to sexual assault
5.4.2. To clearly warn the person that the behavior is not welcome, and if it continues, to inform that official action will be taken if they do not stop
5.4.3. From the first moment, to collect whatever material can be used as evidence in the investigation, to keep a record of the events, to keep the evidence, and to share the incident with close people
5.4.4. Applying to the police for prevention and protection.
5.5. Suggestions for the Person Who Realizes that he / she is Engaging in Disturbing Behavior
5.5.1. To be sensitive about the requests, consent, attitudes and verbal expressions of others and not to proceed without being sure about the consent of the other party in sexual approaches.
5.5.2. Apologizing as soon as you realize that the behavior is offensive, not trivializing or ignoring the inconvenience
5.5.3. To avoid similar behaviors and attitudes that will make the person uncomfortable with his/her behavior
5.5.4. If the person concerned is in a superior position or if there is any kind of hierarchy relationship between them, to transfer the person to another person,
With this Policy, Asyaport Port CO. INC. declares that it is ready to increase its awareness of harassment, sexual harassment and sexual assault and to prevent such incidents within the framework of the purposes, principles and recommendations described above and endeavor to prevent such incidents.
Asyaport Port CO. INC. personnel who are responsible for receiving complaints and delivering trainings on combating harassment are appointed. The appointment is announced to the staff and, in possible cases, the people they will apply to and their contact information are explained.
Within the scope of combating harassment, all personnel are informed about this policy. At the end of the training, a questionnaire is organized on the subject. The survey results are evaluated by authorized personnel and necessary actions are taken.
After providing training on harassment prevention and policy, a brochure on the subject is distributed to employees. This brochure contains contact information to use in cases of possible harassment. In addition, the Harassment Complaint Forms included in the policy's annex are placed in complaint boxes. In the organized trainings, all contact information is clearly and clearly explained to the staff.
- In addition, it is aimed to raise awareness of the personnel on this issue by hanging information posters on the subject of harassment prevention in the work areas.
ANNEX-1 Harassment Complaint Form