1. POLICY STATEMENT
The Democratic Alliance as a South African Political Party which is committed to providing a non-sexist, non-discriminatory, working and living environment for Public Representatives, Members and Staff, thus enabling every person to achieve his/her full potential:

• Acknowledges that the preservation of human dignity as described in both the Constitution of the Republic of South Africa and the DA Federal Constitution; and the discouragement of offensive behavior, are an integral part of this environment;
• Acknowledges that sexual harassment is an unacceptable infringement of the core values of integrity, human dignity, privacy, equity and mutual respect, and is a form of unfair discrimination and further is in direct contravention of the South African Constitution and the DA Federal Constitution
• Recognizes that Public Representatives, Members and Staff are equally responsible to ensure that the Sexual Harassment Policy is adhered to and as such, agree to the provisions contained in this policy.
• The objective of this code is to eliminate sexual harassment in the workplace and within the Democratic Alliance community.

2. APPLICATION OF THE POLICY
Although this policy applies to the working environment, the perpetrators and victims of sexual harassment may include:

2.1. Public Representatives
2.2. Members of the Democratic Alliance
2.3. Staff Members of the Democratic Alliance
2.4. A non-DA Member who is a victim of sexual harassment by any of the above may lodge a grievance with the manager/senior of the harasser, where the harassment has taken place in the course of the harasser’s employment or public duty.

3. SEXUAL HARASSMENT AS A FORM OF UNFAIR DISCRIMINATION
Sexual harassment in the Democratic Alliance is a form of unfair discrimination and is prohibited on the grounds of sex and/or gender and/or sexual orientation.

4. TEST FOR SEXUAL HARASSMENT
Sexual harassment is unwelcome conduct of a sexual nature that violates the rights of any person, taking into account all of the following factors:
4.1 whether the harassment is on the prohibited grounds of sex and/or gender and/or sexual orientation;
4.2 whether the sexual conduct was unwelcome;
4.3 the nature and extent of the sexual conduct; and
4.4 the impact of the sexual conduct on the Public Representative/DA Member or DA Staff Member.

5. FACTORS TO ESTABLISH SEXUAL HARASSMENT
5.1 Harassment on a Prohibited Ground:
5.1.1 The grounds of discrimination to establish sexual harassment are sex, gender and sexual orientation.
5.1.2 Same-sex harassment can amount to discrimination on the basis of sex, gender and sexual orientation.
5.2 Unwelcome Conduct:
5.2.1 There are different ways in which a Public Representative, DA Member or DA staff Member may indicate that sexual conduct is unwelcome, including non-verbal conduct such as walking away or not responding to the perpetrator.
5.2.2 Previous consensual participation in sexual conduct does not necessarily mean that the conduct continues to be welcome. Where a complainant has difficulty indicating to the perpetrator that the conduct is unwelcome, such complainant may seek the assistance and intervention of another person such as a co-worker, superior, human resources official, or a Provincial Support Officer.
5.3 Nature and Extent of the Conduct:
5.3.1 The unwelcome conduct must be of a sexual nature, and includes physical, verbal or non-verbal conduct.
5.3.1.1 Physical conduct of a sexual nature includes all unwelcome physical contact, ranging from touching to sexual assault and rape.
5.3.1.2 Verbal conduct includes unwelcome innuendos, suggestions, hints, sexual
advances, comments with sexual overtones, sex-related jokes or insults, graphic
comments about a person’s body made in their presence or to them,
inappropriate enquiries about a person’s sex life, whistling of a sexual nature and
the sending by electronic means or otherwise of sexually explicit text.
5.3.1.3 Non-verbal conduct includes unwelcome gestures, indecent exposure and the dispatching or sending by electronic means or otherwise of sexually explicit pictures or objects.
5.3.2 Sexual harassment may include, but is not limited to, victimisation, quid pro quo harassment and sexual favouritism.
5.3.2.1 Victimisation occurs where a Public Representative, Member or Staff Member is victimised or intimidated for failing to submit to sexual advances.
5.3.2.2 Quid pro quo harassment occurs where a person such as a Public Representative, DA Member or DA Staff Member, influences or attempts to influence a Public Representative’s, DA Member’s or DA Staff Member’s circumstances (for example appointment, promotion, training, discipline, dismissal or salary increments) by coercing or attempting to coerce the individual to surrender to sexual advances. This could include sexual favouritism, which occurs where a person in a position of seniority rewards only those who respond to his/her sexual advances.
5.3.3 A single incident of unwelcome sexual conduct may constitute sexual harassment.

6. GUIDING PRINCIPLES
It is the duty of the DA Party Leadership, Public Representatives and DA Members to maintain a working and political environment in which the dignity of colleagues, DA Staff Members and DA Members is respected;

Victims of sexual harassment must not feel that their grievances are ignored or trivialized, or fear reprisals;

The DA is required to take appropriate action, in accordance with this policy, when instances of sexual harassment occur and are brought to the attention of the DA assist in achieving these ends:

7. POLICY
7.1 All forms of sexual harassment and/or related intimidation and victimisation within the jurisdiction of the Democratic Alliance shall be considered misconduct, and are therefore prohibited. These include:
7.1.1 Conduct in which a person pressurises, coerces or uses threats to persuade another to act in a way contrary to his/her own volition (notwithstanding whether such attempt is successful or not); and
7.1.2 Any form of prejudice (or threat thereof) against a person (Public representative, Member or Member of staff) who exercises or enforces, or attempts to exercise and/or enforce his/her rights in terms of this policy.
7.2 In addition to any possible criminal or civil sanction, a person committing such conduct may be subjected to a disciplinary investigation in accordance with the applicable Disciplinary Code for Public Representatives, Members and Staff Members, as the case may be. On being found guilty such person may be sanctioned in accordance with Section 10.9 of the DA Federal Constitution.
7.3 The Democratic Alliance and its Federal Structures are obliged to ensure that all complaints of sexual harassment and/or related intimidation and victimisation are investigated and dealt with in terms of this policy and its concomitant procedural measures.
7.4 Sexual harassment is a form of unfair discrimination on the basis of sex and/or gender and/or sexual orientation which infringes the rights of the complainant and constitutes a barrier to equity in the workplace and within the Democratic Alliance.
7.5 Sexual harassment in the workplace and within the Democratic Alliance will not be permitted or condoned.
7.6 Complainants in sexual harassment matters have the right to follow the procedures in the policy and appropriate action must be taken by the Democratic Alliance.
7.7 It will be misconduct to victimise or retaliate against any Public Representative, Member or Staff Member who in good faith lodges a grievance of sexual harassment.

8. COMPLAINTS AND PROCEDURES
8.1 All complaints pertaining to sexual harassment and/or related victimisation and intimidation may be lodged with the following persons:
a) The Support Officer (one per province and one national support officer)
b) The relevant Deputy Chairperson of Federal Council;
c) The Executive Director of Human Resources where one of the parties to the
complaint is a staff member;
e) Provincial Leaders and or Provincial Chairperson; and
f) Constituency Heads
8.2 All complaints as intended in 8.1 shall, with due allowance for the seriousness of the complaint, be referred to the relevant Support Officer within 72 hours of the reporting of the complaint.
8.3 The relevant Support Officer shall, as soon as a complaint has been lodged,
conduct a preliminary investigation in order to make a prima facie assessment of the soundness of the complaint.
8.4 The Support Officer shall have the right to:
8.4.1 consult all relevant parties;
8.4.2 take the necessary steps to address the complaint in accordance with this policy;
8.4.3 advise the complainant of the formal procedures available to deal with the sexual harassment, as set out in these procedures;
8.5 The complaint itself, the names of persons involved and the proceedings during the preliminary investigation shall be treated as strictly confidential and the complainant will be advised accordingly.
8.6 Should the Support Officer be of the opinion that no prima facie case exists in favour of the complainant, he/she shall dismiss the complaint and furnish reasons to either the Provincial Leader and/or Provincial Chairperson, or the Chairperson of the Federal Council dependent of which support officer was involved, in writing in this regard.
8.7 Should the complainant, after receipt of the written reasons referred to in 8.6, still be of the opinion that the policy has been breached, an appeal may be lodged with the Chairperson of the Federal Council who may deal with the matter at his/her discretion.
8.8 Should the complainant maliciously lodge a complaint he/she may be subjected to a disciplinary investigation in accordance with the applicable Disciplinary Code for Members or Staff, as the case may be.
8.9 Should the Support Officer be of the opinion that a prima facie breach of the policy has been established, he/she shall, with the consent of the complainant, follow the following procedure:

8.9.1 Formal Procedure

a) The Support Officer shall (once prima facie evidence of sexual harassment has been determined) refer the complaint to the relevant Provincial Leader and/or Provincial Chairperson in the case of a provincial complaint, or the Chairperson of the Federal Council in the case of a member of the National Parliament or any Federal Office bearer of the Party, who shall further treat the complaint as a disciplinary matter in terms of the existing disciplinary processes.
b) Should the Support Officer be of the opinion that a person is reluctant to lay a complaint or to proceed with it as a result of possible intimidation or victimisation, the Support Officer may, on his/her own initiative, refer the matter to the Provincial Leader and/or the Provincial Chairperson, or the Chairperson of the Federal Council, who shall further treat the complaint as a disciplinary matter in terms of the existing disciplinary processes of the Democratic Alliance.
c) Should the Support Officer be of the opinion that a prima facie case exists, s/he will arrange for appropriate counselling for the complainant.
8.10 The Support Officer shall ensure that no unreasonable delays occur during the investigation, continuation or conclusion of any complaint.
8.11 The Support Officer must report feedback regarding the progress and continuation of the investigation to the complainant within a reasonable time.
8.12 It will be misconduct to victimise or retaliate against a complainant who in good faith lodges a grievance of sexual harassment.
8.13 At all times when the complainant is a staff member, the relevant support officer will conduct the investigation in conjunction with the DA Executive Director of Human Resources.

9. CONFIDENTIALITY
9.1 Subject to the provisions above, the Democratic Alliance must ensure that grievances about sexual harassment are investigated and handled in a manner that ensures that the identities of the persons involved are kept confidential.
9.2 The Democratic Alliance will be required to disclose to the complainant, the perpetrator and/or their representatives, such information as may be reasonably necessary to enable the parties to prepare for any proceedings in terms of this code.

10. REPORTING
The Federal Support Officer shall report fully before every Federal Council meeting on the activities of the Provincial Support Officers as well as on the extent to which the policy on sexual harassment and related intimidation and victimisation has or has not been carried out. The report shall be addressed to the Chairperson of the Federal Council.

Every Province will identify a Support Officer and make their details known to all structures of the province and to the Federal Executive.

The Federal Executive will identify the Federal Support Officer and make their details known to all structures of the party.

The support officer may be male or female. He or she may not be a member of staff but must be a member in good standing of the DA. There shall be NO remuneration for the support officer and there shall be no election for the role. The support officer shall be decided on by consensus of the relevant executive, either provincial or national