Code of conduct

Scope

This code of conduct lists general conduct practices for all CIS employees, consultants, interns and other individuals occupying/using the CIS workplace.

This policy aims to document: Specific (but non-exhaustive) descriptions of unacceptable behavior Information about how the code of conduct will be enforced, and how violations will be dealt with Instructions to report violations of this code of conduct

CIS’ workplace includes its offices in Delhi and Bengaluru as well as any place or medium of interaction, nationally and internationally, where the members visit in connection with their work, during the course of employment and/or arising out of engagement with CIS, including transportation provided for undertaking work.

Notes:

1. Events may have their own specific code of conduct, which may add additional descriptions of expected/unacceptable conduct. We recommend that in cases where CIS is an organiser/co-organiser, the specific CIS members share a copy of the applicable code of conduct in advance with the participants.

2. Please also see other policies, which apply in conjuction with this policy but may address more specific behavior and subject-matter: the Policy on Prohibition of Sexual Harassment, Guidelines for interaction with Interns, and the Non Discrimination and Equal Opportunities Policy.

3. This policy does not aim to cover instances of general disagreement between employees.

Principles

CIS is dedicated to creating an inclusive environment for everyone, regardless of race, ethnicity, nationality, religion, color, sex, sexual orientation, gender, national origin, age, disability (physical or mental), parental status, marital status, and political affiliation as well as gender expression, medical condition, mental illness, socioeconomic status or background, neuro(a)typicality, physical appearance, body size, or clothing.

CIS does not tolerate harassment of staff and community members in any form. Harassment includes offensive verbal comments related to the protected classes above, sexual images in public spaces, deliberate intimidation, stalking, following, photography or audio/video recording against reasonable consent, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Harassment does not need to be recognized as unwanted or unwelcome by anyone other than the person being harassed.

Code of conduct

All employees and consultants are expected to meet established conduct requirements. While it is not possible to list all forms of behaviour that are considered unacceptable in the workplace, the following are examples of infractions of rules of conduct that may result in disciplinary action, up to and including termination of employment.

• Fighting, assaulting, threatening, intimidating or coercing any visitor or employee
• Violating safety, health rules and practices, or engaging in conduct, which creates a safety hazard
• Offensive comments related to sex, gender, gender identity and expression, sexual orientation, disability, mental illness, neuro(a)typicality, physical appearance, body size, age, race, religion, language, place of origin, or caste
• Unwelcome comments regarding a person’s lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment
• Sustained disruption of talks or other events
• Posting or showing sexually explicit or violent material without explicit and prior consent
• Display of sexual imagery in public areas
• Deliberate intimidation, stalking, or following
• Posting someone's personally identifiable information online without their explicit consent or threatening to post it
• Death threats and/or threats of violence or physical harm
• Personal insults
• Unwelcome sexual attention
• Inappropriate physical contact
• Continued one-on-one communication after requests to cease
• Publication of non-harassing private communication.
• Advocating for, or encouraging, any of the above behavior
• Engaging in such improper conduct off the work premises or during non-working hours, which affects an employee's relationship to work

Please note that the following behaviour is generally not prohibited at the workplace:

• Reasonable communication of boundaries, such as “leave me alone,” “go away,” or “I’m not discussing this with you.”
• Criticising racist, sexist, cissexist, or otherwise oppressive behavior or assumptions; or “reverse sexism”, “reverse racism”, “reverse casteism”, “cisphobia”, and similar behaviour

Other general guidelines for employees and staff include:

• Please be kind and courteous. There is no need to be mean or rude.
• Please be considerate. Resolve disagreements with dignity and respect. Avoid personal attacks.
• In general, if someone asks you to stop, then stop.
• Be careful in the words that you choose.

Redressal policy and mechanism for resolution

The aim of the redressal policy is for CIS to attain a resolution to the complaint while ensuring safety, dignity and respect for the complainant; and proportionality and due process for the respondent.

If you have any questions regarding the policy, its enforcement, or want to report a violation of this code, please reach out to your supervisor. If the violation relates to the conduct of your supervisor/director, please reach out to any member of the senior staff who you are comfortable with. If the person who behaved improperly (as per this code) is on the senior staff or has associated conflicts of interest, they will be asked to recuse themselves from handling the incident.

When a member of the senior staff receives a complaint from you, they will (in this order):

• (optionally) select fellow senior staff member(s), with your consent, to assist them resolve the complaint
• discuss the issue with you in a safe, quiet and private space
• brainstorm steps that can remedy the violation
• take notes, with your consent, of what you share
• separately speak with the person(s) against whom the complaint is lodged to share the contents of your complaint with them
• decide appropriate remedies, and ask the respondent to comply with the said steps

Note that if the incident and reported behaviour took place in front of multiple individuals, the senior staff member who receives the complaint can use their discretion (with discussion with you) and not reveal your identity to the respondent.

If a resolution to the complaint cannot be met through this process (for any reason whatsoever), the supervisor/director who received the complaint will report it to the senior staff with your consent. The senior staff will then set up a complaint resolution committee (CRC). The complainant is also entitled to ask that their complaint be referred to a CRC. While the CRC is addressing the complaint, the senior staff may institute proportionate interim measures as may be requested by you. A template for terms of reference and procedure is given in Annexure 1 of this document.

The underpinning motivation for outlining two sets of procedures is the acknowledgment that setting up a CRC may be bureaucratic and time-consuming. We stress that the aim of the policy and processes (with or without a CRC) is still complete redressal and resolution of the complaint.

All documents collected/prepared by senior staff members for the resolution of such complaints will be kept strictly confidential.

ANNEXURE 1: TERMS OF REFERENCE FOR COMPLAINT RESOLUTION COMMITTEE (CRC)

1. Through these terms of reference (ToR), the senior staff sets up a committee of the following members: [...] [...] [...]

Hereinafter, this committee is referred to as the complaint resolution committee (CRC).

2. The scope of CRC is limited to investigate and produce recommendations on the allegations raised by [the complainant] on [date].

3. The CRC is only authorised to investigate the complaint of professional misconduct and matters immediately incidental thereto. The CRC will not investigate complaints or allegations of any other nature, or those made against any other individual. If any such complaints or allegations are received by the CRC in its course of investigation, the CRC must inform the senior staff of the same in writing. The CRC must refrain itself from investigation or any other actions on such complaints or allegations.

4. The final recommendations of the CRC will be binding on the senior staff. The senior staff will be responsible for implementing the recommendations made by the CRC.

5. The senior staff shall be responsible for the implementation of the final recommendations made by the CRC within a period of 15 working days.

6. The CRC will proceed in the following steps:

• Assessment of prior communication
• Collection of evidence
• Collection of statements from the complainant and respondent
• Preparation of a report analyzing the complaint along with recommendations
• Circulation of report to the senior staff, complainant and respondent

7. The CRC, on completion of the inquiry process, shall circulate a report on its observations and recommendations with the senior staff, complainant and respondent. Members of the senior staff who do not form a part of the CRC, the complainant and resopndent shall deliberate on the same, and share with the CRC any clarifications/ disagreements within 3 working days.

8. The CRC may choose to accept/reject feedback from these parties, and will send a final report to the senior staff within two working days from the receipt of feedback from the senior staff.

9. The recommendations of the CRC, contained in its final report, shall be binding on the senior staff.

10. Once the final report has been received by the senior staff, the same shall be shared with the complainant and respondent.

11. The senior staff is responsible for the implementation of the same within a stipulated time period of 15 working days. The senior staff is the sole body responsible for the enforcement of the report and parties should approach the senior staff for implementation-related concerns. Note that failure on the part of the respondent to comply with the senior staff’s directions may lead to further disciplinary action, including termination of employment or consultancy contract.

12. The report is confidential and meant for internal circulation only, and shall not be shared by either party or the senior staff with any third parties, either within the organization or outside, or published in any media.

Sources for some parts of the code of conduct (all under CC)

• Obvious Playbook: Code of Conduct
• Geek Feminism Wiki: Code of conduct evaluations
• WikiConference India 2016/Code of Conduct