Safe Space Policy

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ARTICLE I - PURPOSE AND SCOPE

1. Purpose. The purpose of this Safe Space Policy ("Policy") is to ensure that the events and programs operated by Wikimedia District of Columbia ("Wikimedia DC") are free of harassment and other unwelcome behavior.

2. Scope. This Policy applies to all events where Wikimedia DC has both authority and reasonable means to implement the provisions of this Policy. It further applies to all programs operated by Wikimedia DC and all spaces, whether physical or virtual, under Wikimedia DC control.

ARTICLE II - ROLES AND RESPONSIBILITIES

1. Safe Space Committee.

(a) Composition. The Safe Space Committee shall be a standing committee of the Board of Directors of Wikimedia DC, and shall consist of two or more Directors.
(b) Responsibility. The Safe Space Committee shall be responsible for investigating reports of harassment, including, but not limited to, sexual harassment, which involve Wikimedia DC members, staff, or volunteers; or relate to events hosted, organized, funded, or supported by Wikimedia DC; or otherwise reasonably bear upon the activities and mission of Wikimedia DC.
(c) Authority. The Safe Space Committee shall have full authority to carry out any and all actions pursuant to the provisions of this Policy, and all other Wikimedia DC policies, as may be necessary to resolve matters under investigation; provided, however, that any contemplated action in relation to an Officer or Director of Wikimedia DC shall be presented to the Board of Directors for concurrence by a majority of uninvolved Directors.

2. Responsible Agents. The following shall be deemed to be agents of Wikimedia DC for the purposes of implementing and enforcing this Policy ("Responsible Agents"):

(a) The President of Wikimedia DC (the "President");
(b) Each Officer of Wikimedia DC;
(c) Each member of the Safe Space Committee, acting in their individual capacity; and
(d) Any additional person or persons delegated by the President to carry out actions pursuant to this Policy, provided that such delegation is made in writing and is not inconsistent with the applicable provisions of the Delegation of Authority Policy.

3. Primary Point of Contact. The Safe Space Committee shall serve as the primary point of contact for receiving reports that arise under this Policy, unless the Chair of said Committee designates, in writing, an alternative point of contact for a particular program or event.

ARTICLE III - PROHIBITED BEHAVIOR

1. Prohibited Behavior. Prohibited behavior shall include, but shall not be limited to:

(a) Discriminatory Speech. Disparaging, demeaning, or offensive remarks made about or directed at any individual or group on the basis of actual or perceived race, color, national origin, religion, sex, sexual orientation or identity, gender identity or expression, age, disability, or any other characteristic which is legally protected in the District of Columbia or is otherwise enumerated in the Non-Discrimination Policy.
(b) Threatening Conduct. Intimidation, threats, or stalking; unwelcome following, photography, or recording; unwelcome or violent physical contact; or any other verbal or physical conduct intended to threaten, intimidate or coerce.
(c) Conduct of a Sexual Nature. Unwelcome sexual attention or advances; suggestive comments or gestures; requests for sexual favors; or other verbal or physical conduct of a sexual nature.
(d) Graphic Content. The display of sexual content and imagery, or content that is otherwise graphic, without adequate prior notice.
(e) Disruption. Deliberate disruption of talks, programs, or events.
(f) Other Conduct. Any other conduct that Wikimedia DC reasonably determines would interfere with its events or the safety and comfort of participants.

2. Exhibitors. Exhibitors, including sponsor booth operators, shall not use sexualized images or promote sexual activities. Exhibitors, including associated staff and volunteers, shall not use sexualized clothing, uniforms, or costumes, or otherwise create a sexualized environment. Exhibitors shall represent to Wikimedia DC that they agree to comply with the Safe Space Policy prior to operating any exhibitions.

3. Corrective Action. Any person who engages in prohibited behavior may be subject to corrective action, as described in this Policy.

ARTICLE IV - CORRECTIVE ACTION

1. Authority. A decision to take corrective action pursuant to the provisions of this Policy shall only be made by a Responsible Agent. Under no circumstances shall any person who is not a Responsible Agent authorize such action to be taken, and any such authorization shall be null and void.

2. Cause for Action. Corrective action may be taken in any circumstance where prohibited behavior has occurred, is occurring, or can reasonably be expected to occur.

3. No Limitation. Any incidence of prohibited behavior may be subject to corrective action regardless of the severity of such behavior; regardless of whether such behavior is isolated or repeated; and regardless of whether such behavior constitutes an illegal act under any applicable law or regulation.

4. Witnessing Prohibited Behavior. A Responsible Agent who personally witnesses a person engaged in prohibited behavior shall be authorized to immediately take corrective action.

5. Reports of Prohibited Behavior. A Responsible Agent who receives a report of prohibited behavior from another person shall take reasonable steps to determine whether such behavior actually took place prior to taking any corrective action. This may include questioning witnesses, but a lack of witnesses shall not be deemed to prohibit corrective action with regard to the report.

6. Form of Action. A Responsible Agent may take such corrective action as is reasonably necessary to ensure compliance with the provisions of this policy and to protect the safety and interests of event attendees and Wikimedia DC. Permitted action shall include, but shall not be limited to:

(a) Facilitating apologies and reconciliation;
(b) Warning the offending party;
(c) Removing the offending party from part or all of an event; and
(d) Reporting the offending party to venue security or law enforcement.

7. Incident Reporting. Corrective action shall be promptly reported to the Safe Space Committee. The report shall document the identity of the person or persons against whom action was take, the time the action was taken, the behavior that was in violation, the approximate time of the behavior (if different than the time of action), the circumstances surrounding the incident, the identities of any other people involved in the incident, and any other information which may be necessary for investigation of the incident.

8. Refunds. If any person is removed from an event for which an admission fee is charged as a result of corrective action taken under this Policy, Wikimedia DC shall refund such admission fee to the person in question.

ARTICLE V - BANNED INDIVIDUALS

1. Authority to Impose Bans. The Safe Space Committee shall have the authority to ban an individual from Wikimedia DC programs and events. Such bans shall be imposed at the discretion of said Committee, and shall not be subject to appeal.

2. Reasons for Bans. An individual may be banned for severe or repeated violation of this Policy; or on the basis of credible reports of conduct that would constitute a severe or repeated violation of this Policy, where such conduct occurred in relation to events or programs not otherwise subject to this Policy; or otherwise where necessary to protect the safety and comfort of event participants and/or Wikimedia DC members, staff, or volunteers. The reasons for any specific ban shall only be disclosed by and at the discretion of the Safe Space Committee, and only to the extent necessary to implement this Policy.

3. Scope of Bans. Any indvidual banned pursuant to this Policy shall not be permitted to attend Wikimedia DC events, participate in Wikimedia DC programs, receive funding from Wikimedia DC, or otherwise make use of Wikimedia DC resources.

4. Notice of Bans. Any individual banned pursuant to this Policy shall be notified of such ban in writing, which may be delivered by electronic mail. Notices of bans pursuant to this Policy shall be issued by the Safe Space Committee, or by the President at the instruction of the Safe Space Committee.

5. List of Banned Individuals. The Safe Space Committee shall maintain a list of banned individuals. The list shall be made available to all Responsible Agents; and to partner individuals, groups, and organizations when required by the provisions of Article VI of this Policy.

6. Removal from Events. Any Responsible Agent who witnesses a banned individual attending a Wikimedia DC event shall promptly seek the removal of such individual from the venue by contacting venue security or law enforcement. Any such action shall be reported in accordance to Article IV, Paragraph 7 of this Policy.

7. Denial of Membership Applications. The Safe Space Committee shall be deemed to be a committee duly designated for the purpose of reviewing membership applications under the provisions of Article IV, Section 3 of the Bylaws of Wikimedia DC, and shall deny any membership application from a banned individual pursuant to the provision of said section.

ARTICLE VI - PARTNERS

1. Incorporation of Flow-Down Clauses. It shall be the policy of Wikimedia DC to apply this Policy to all programs and events organized by partner individuals, groups, and organizations (the "Partners") through the incorporation of suitable flow-down clauses referencing the key provisions of this Policy (the "Flow-Down Clauses"). The Flow-Down Clauses shall be incorporated, to the extent feasible in each circumstance, into all program and event partnership agreements between Wikimedia DC and the Partners, including, but not limited to, agreements governing grants and fiscal sponsorship.

2. Responsibility for Incorporation. The President shall be responsible for ensuring that the Flow-Down Clauses are incorporated into each applicable agreement executed by Wikimedia DC.

3. Required Flow-Down Clauses. The following provisions shall constitute the Flow-Down Clauses, and shall be inserted in substantially similar form into each applicable agreement:

(a) Safe Space. Wikimedia DC expects events funded through the Agreement to be free of harassment and other unwelcome behavior. You will implement and enforce a safe space policy that prohibits such behavior. A sample policy is contained in [Attachment].

(b) Banned Attendees. Wikimedia DC has banned certain individuals from attending events sponsored by Wikimedia DC. A list of these individuals is contained in [Attachment]. You will not permit any individual on this list to attend events funded through the Agreement, and will promptly notify Wikimedia DC of any communication regarding these events you receive from any individual on this list.

(c) Incident Reporting. You will promptly notify Wikimedia DC of any observed or reported incident of harassment at any event funded through the Agreement, and will provide reasonable assistance to Wikimedia DC in investigating any such incident.

ARTICLE VII - NOTICES

1. Notices at Events. A notice regarding this Policy shall be publicly posted at any event to which it applies, provided that Wikimedia DC has both authority and reasonable means to effect such posting.

2. Sample Notice. The following sample notice may be used as the notice regarding this policy at events:

Wikimedia DC is dedicated to providing a harassment-free event experience for everyone, regardless of race, gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, age, religion, marital status, or veteran status.
Harassment includes offensive comments related to any protected personal characteristic, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Participants asked to stop any harassing behavior are expected to comply immediately. This applies to everyone, including event staff and sponsors. Our Safe Space Policy can be found at <http://wikimediadc.org/wiki/Safe_space_policy>.
If a participant engages in harassing behavior, the event organizers may take any action they deem appropriate, including warning the offender or expulsion from the event.
If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact a member of event staff immediately. Event staff will be happy to help participants contact venue security or local law enforcement, provide escorts, or otherwise assist those experiencing harassment to feel safe for the duration of the event. We value your attendance.
[Contact information for Space Space Committee and/or other Responsible Agent(s), local law enforcement, local sexual assault hotline, emergency and non-emergency medical resources, and taxi companies.]

3. Notice Regarding Potentially Offensive Topics. Any person who intends to discuss or present material related to potentially sensitive or offensive topics at an event is encouraged to provide appropriate notice to attendees prior to engaging in such discussion or presentation.