Anti-Harassment/Sexual Misconduct Policy

Purpose

Swasti Yoga Center mission is to ensure authentic and legitimate practice of the ancient Indian tradition of yoga worldwide by delivering the best knowledge to all students in order to meet the expectations for competency and capability for the government of India’s yoga certification test (Ministry of AYUSH). As such, Swasti takes responsibility to provide yoga training and teaching environments that are free from harassment. Swasti will not tolerate any form of harassment that violates this Policy.

Prohibited Conduct
Swasti prohibits the conduct outlined below by all Swasti Members. A Swasti Member is an individual or entity holding any yoga class, teacher training, workshop, retreat, or any other type of event with, or on behalf of, Swasti Yoga Center.
• Harassment by a Member of any person based on age, gender, gender identity, pronoun use, sexual orientation, race, ethnicity, culture, national origin, religion, body type, personal appearance, physical or mental ability, socioeconomic status, marital status, political activities or affiliation, or any other basis proscribed by local, state, provincial, national, and federal laws and regulations.
• Harassment by a Member of any person, either in person or through online activities now known or unknown, such as trolling, stalking, using hate speech, threatening, intimidating, falsely accusing, reporting of false Grievances, manipulating, or otherwise harassing in any form or manner.
• Sexual harassment by a Member of any person.
• Retaliation by a Member against any persons who report any instances of harassment.

Applicability
This Policy applies to all Swasti Yoga Center Members in any context or environment where a Member presents themself (or is presented) as a teacher or professional yoga educator (Teacher, Trainer, mentor, or other), including but not limited to: group and private yoga instruction; yoga instruction in ashrams, yoga schools and yoga teacher trainings, studios, gymnasiums, fitness clubs, other schools and universities, medical facilities, group homes, prisons, public spaces, festivals, retreats; and all online spaces, including social media. Activities covered by this Policy shall be distinguished from the purely private conduct of Members, which is beyond the scope of this Policy. However, action and behavior that is deemed by Swasti Yoga Center to be directly related to teaching or conducting the business of yoga may fall under this policy at Swasti Yoga Center discretion. (For example, if a staff member/teacher meets with a prospective student in a public place prior to a yoga teacher training and violates this Policy, that interaction may be considered part of the professional interaction even though it did not occur in the classroom or training space.) Members should be committed to applying strong ethical principles in their professional and personal lives, and this should be understood as intrinsic to their practice and teaching of yoga. Swasti Yoga Center reserves the right to investigate allegations of violations of this Policy.

Definitions
Harassment is unwelcome verbal or non-verbal conduct where: I. The conduct disparages or shows hostility or aversion towards the person and has the purpose or effect of unreasonably interfering with their work, study, or other activity; II. Enduring the offensive conduct becomes a condition of the continued relationship; and/or III. The conduct has the purpose or effect of creating an environment that a reasonable person would consider intimidating, hostile, or abusive. Harassment includes epithets, slurs, name calling, negative stereotyping, insults, intimidation, ridicule, threatening, intimidating or hostile acts, denigrating jokes, and display of written or graphic material that denigrates or shows hostility or aversion toward an individual or group based on their protected characteristic. Harassment includes, but is not limited to: offensive verbal comments related to age, gender, gender identity, pronoun use, sexual orientation, race, ethnicity, culture, national origin, religion, body type, personal appearance, physical or mental ability, socioeconomic status, marital status, political activities or affiliation, or any other basis proscribed by local, state, provincial, national, and federal laws and regulations; deliberate intimidation; stalking; following; harassing photography or recording; sustained and intentional disruption of class or other events; and inappropriate physical contact.

Sexual Harassment/Misconduct is unwelcomed conduct of a sexual nature, whether physical or verbal in nature.
• Non-consensual sexual touching: a broad term that refers to any deliberate non-consensual touching of a person body, which conduct can range from unwanted touching, such as fondling, up to, and including, non-consensual sex.
• Verbal: the use of sexually suggestive or explicit statements, whether through speech or written form, that create a hostile environment. While it is not possible to list all of the circumstances that may constitute sexual misconduct, the following are some examples of conduct, which, if unwelcome, may constitute sexual misconduct:
• Unwelcome sexual advances, whether they involve physical touching or not;
• Sexual epithets, jokes, written or verbal references to sexual conduct, gossip regarding one sex life, commentary on an individual body, commentary about an individual sexual activity, deficiencies, or prowess;
• Displays of sexually suggestive objects, pictures, or cartoons;
• Unwelcome leering, whistling, brushing against the body, sexual gestures, or suggestive or insulting comments;
• Comments or conjecture about a person sexual orientation or gender identity;
• Inquiries into one sexual experiences; and/or
• Discussion of one sexual activities.
Retaliation is any adverse action or threat taken or made against an individual (Complainant or Witness), including through third parties and/or legal counsel, for making a report of prohibited conduct or participating in any investigation or proceeding related to this Policy. Examples of adverse action include: withholding a certificate of completion; firing or refusing to hire an individual; or expelling a trainee or student. Retaliation includes threatening, intimidating, harassing, or any other conduct that would discourage a reasonable person from engaging in activity protected under this Policy. Retaliation also includes maliciously and/or intentionally interfering with, threatening, or harming the academic or professional career or reputation of another individual before, during, or after the Investigation, Decision, and resolution of a report of prohibited conduct under this Policy in response to and/or on account of the report of the prohibited conduct. This provision applies to reports made or information provided in good faith, even if the facts alleged in the report are determined not to be accurate. Reporting, Investigation, and Determination Reporting, Investigation, and determination of violations of this Policy are subject to Swasti Yoga Center Grievance Policy and any other applicable policies of Swasti Yoga Center.