DRAFT CODE OF CONDUCT ON SEXUAL ACTIVITY
WITHIN RELATIONSHIPS OF TRUST
Policy Statement
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recognises the need to safeguard the welfare of young people/vulnerable adults and protect them from abuse of trust.
As adults working with young people, we are all in a position of trust and have a responsibility towards them to:
- Treat them equally
- Treat them with respect
- Treat them fairly
- Be non-judgemental
- Protect them
- Recognise the power adults have over younger people and not abuse it
We also have a duty to ensure that young people have the right to speak for themselves and to have a choice about how they exercise that right.
About the code
This code is designed to ensure that everybody is aware of:
- What constitutes an abuse of trust
- How to avoid the possibility of such a situation arising
- That the code is for the protection of all involved
- What to do in the event of such a situation arising
Relationship of trust
A relationship will arise when one party, through their work or activity whether paid or unpaid or as a volunteer, is in a relationship of care with a young person/vulnerable adult which puts him or her in a position of power or influence over him/her.
It is important that the organisation ensure that all staff and volunteers are aware that they are in a position of trust and of the age of those they are dealing with.
Those protected by this code:
- Any person aged between 16 and 18 years
- All staff and/or volunteers working with the above age group
Why this protection is needed
There have been incidents in the past where adults who were trusted by young people abused that trust and the power held over the young person was used to coerce the youngster into sexual activity. This is clearly unacceptable behaviour and we all have a duty to guard against it.
What is unacceptable behaviour?
All principles as outlined below apply irrespective of sexual orientation, neither heterosexual nor homosexual relationships are acceptable within a position of trust. These principles will be applied equally without regard to gender, race, sexual orientation or disability. Unlawful behaviour under the new offence is stated as being sexual intercourse or other sexual activity. Sexual activity is defined as what a reasonable person would consider as sexual in all the circumstances, without knowledge of the intention of the parties involved.
It should be remembered that this code of conduct has been drawn up to cover areas of sexual activity that are ostensibly consensual but rendered unacceptable because of the relative positions of the parties involved. All sexual activity that is not freely consenting is criminal and should be treated as such
Exceptions to the Code
The only exception to this code that our organisation will accept is that the two parties are married. However, if this is the case, then clearly the relationship of trust as applies in this code should not continue.
How to protect the young person/adult and organisation
- Encourage a culture of openness within the organisation
- Ensure that young people are aware of their rights to say no
- Ensure that young people are aware of the offence and that this code of conduct applies equally to all
- Ensure that young people know what to do if they believe an adult has behaved in a sexually inappropriate manner
- Ensure all staff/volunteers are fully aware of the code of conduct and levels of behaviour that are unacceptable
How to deal with a complaint
- All referrals need to be taken seriously and dealt with appropriately
- All concerns should be directed towards a senior member of staff/volunteer
- If the young person is not happy to speak to a person within the organisation, alternatives should be given
- As soon as a complaint is received that particular relationship of trust should be suspended until the matter is resolved
- If the complainant is a fellow member of staff/volunteer then consideration should be given to supporting the complainant through the process
- At all times organisations should be vigilant and ensure that the risk of situations is kept to a minimum by considering one or more of the following:
- Never leaving one member of staff/volunteer alone with young people/young person
- Ensuring all members of staff/volunteers are within sight at all times
- Regular supervision sessions
- Frequent spot checks
- If a member of staff/volunteer is concerned that they are forming a closer than acceptable relationship with a young person, they should discuss this as soon as possible with their line manager/supervisor and be removed from the position of trust immediately
- If any member of staff/volunteer feels that their actions/words have been misread they should ensure that they discuss it with their line manager/supervisor as soon as practically possible
- If it becomes apparent that a criminal offence may have occurred then the Police should be informed immediately. The adult involved should then be suspended until the matter is resolved.
- Should the complainant be justified the member of staff/volunteer will be sanctioned depending on the severity of the case
- Any case resulting in a criminal conviction will automatically mean termination of employment/volunteer contract
- Should the complaint be found to be completely unfounded, the member of staff/volunteer should be counselled accordingly and steps taken to reintroduce them to the organisation
- It will be up to the organisation itself to consider any sanction it may wish to take with regard to the complaint.
Appropriate conduct outwith the organisation
All members of staff/volunteers should remember that this Code of Conduct reflects not just their professional behaviour whilst working within organisational time and on organisational premises but also their behaviour whilst off-duty when they may encounter young persons with whom they have a relationship of trust. It is not acceptable for this Code of Conduct to be broken under any circumstances by adults who are working in relationships of trust with young people.