1. Purpose
The purpose of this policy document is to define the principles aimed at completely purging the academic, professional, and social environment at Acıbadem Mehmet Ali Aydınlar University from all forms of gender-based discrimination and violence; to establish the framework that will serve as the basis for the information, prevention, support, and empowerment efforts to be carried out within this scope; and to contribute to the processes to be implemented in the face of gender-based discrimination and violence.
The goal of this document is not to strictly discipline relationships between individuals, prevent consensual relationships among equals, impose a specific sexual behavior or morality, obstruct freedom of expression and a free discussion environment, involve incidents in official processes, or meet them with sanctions. Rather, it is to create an academic and professional environment free from sexual harassment and violence.
The University emphasizes that sexual harassment and assault will in no way be overlooked, while also encouraging individuals who believe they have been subjected to or witnessed them to take the necessary steps regarding the process. Through this document, the University commits to raising the awareness of stakeholders, preventing incidents related to discrimination, harassment, and violence, and implementing the necessary sanctions for the establishment and execution of investigation, support, and empowerment mechanisms in line with allegations and applications. To implement this policy document, the Gender-Based Discrimination and Sexual Harassment Prevention and Support Unit (ACU-ACT) will be established.
Within this framework, the University supports the protection of human dignity, the assurance of privacy stemming from the confidentiality of private life, the management of investigation processes in line with the principle of confidentiality, and the creation of an environment where stakeholders feel secure, as well as the achievement of gender equality for those who are involved as parties or witnesses in incidents of sexual harassment and violence.
2. Abbreviations
University: Refers to Acıbadem Mehmet Ali Aydınlar University.
ACU: Refers to Acıbadem Mehmet Ali Aydınlar University.
Document: Refers to the Gender-Based Discrimination, Violence, and Sexual Harassment Prevention and Support Policy Document.
ACU-ACT: Refers to the Gender-Based Discrimination and Sexual Harassment Prevention and Support Unit.
3. Scope
The provisions of this policy document cover all non-consensual sexual behaviors, gender discrimination, and all gender-based behaviors such as threat, coercion, or deprivation of liberty directed by all stakeholders of the University toward each other and third parties, without being limited to the University campus and working hours.
These provisions apply in all physical and digital environments where University students and employees, private individuals and business personnel working on campus, and guests are present “due to work, education, and training relations.” This document includes incidents that occur within the University and actions that occur externally between University stakeholders but are brought into the University environment or have an impact on academic and professional life.
4. Basis
This policy document was created within the framework of the Gender Equality Action Plan prepared by the Acıbadem Mehmet Ali Aydınlar University Gender Equality Commission and published on the University's website (Senate Decision dated February 3, 2022, No. 2022-04).
5. Definitions and Characteristics
Gender-Based Harassment
It is a form of harassment that, while not explicitly containing sexually explicit words or behavior, is directed at a person because of their sex, sexual orientation, or gender identity and which reinforces unequal gender roles, thereby creating negative effects on the person.
Examples, including but not limited to the following, are considered gender-based harassment:
Based on a person's sex, gender identity, sexual orientation, appearance, and/or private life (marital status, etc.):
Making shaming, degrading, and/or belittling comments.
Engaging in discriminatory treatment.
Excluding, marginalizing, isolating.
Making threats intended to expose the person.
Knowingly misusing a person's name, gender identity, and/or the pronouns they use to express themselves, or constantly referring to the person's gender identity history.
Sexual Harassment
It includes verbal and non-verbal behaviors of a sexual nature that are not based on the person's consent and do not need to be continuous.
Examples, including but not limited to the following, are considered sexual harassment:
Catcalling,
Making sexual jokes, telling sexual stories or anecdotes, or giving compliments, or using vulgar language,
Insistently engaging in behaviors beyond the ordinary for the purpose of flirting,
Disturbing with pornographic material, sending or showing them,
Recording and disseminating a person's sexual behaviors without their consent,
Coercing intimacy or sexual intercourse by threatening to use or disseminate a person's image, voice, etc., recordings without their consent,
Asking questions about a person's sexual life or generating gossip,
Engaging in discriminatory words and actions regarding sex, sexual orientation, or gender identity,
Engaging in sexual threat, blackmail, insult, and similar acts,
Physical and/or persistent stalking,
Disturbing with unwanted stares and gestures,
Transmitting sexual messages or demands using communication tools such as phone, e-mail, or similar,
In the electronic environment, including social networks such as Facebook, Twitter, Instagram, Snapchat, and similar, disturbing by sending sexual messages or demands or sharing a person's image, voice, etc., recordings about their sexual life or generating gossip without their consent,
Insisting on sexual intercourse.
Sexual Assault
It is the violation of a person's bodily integrity through non-consensual behaviors of a sexual nature, without the need for continuity.
Sexual assault can occur in two forms:
In the first form, sexual assault occurs as the violation of the person's bodily integrity. Examples of this type of sexual assault include hugging, petting, touching, cheek pinching, kissing, holding hands, and stroking hair.
In the second type of sexual assault, the violation of a person's bodily integrity by inserting a sexual organ or another object into the body, i.e., rape, is involved.
Sexual Abuse
Any sexual behavior directed towards minors under the age of 18, regardless of consent for those under 15, is considered "child sexual abuse."
Persistent Stalking
Any sexual attitude and behavior, factually, verbally, in writing, or using any communication tool, that causes the person to fear for their safety and creates feelings of physical or psychological fear and/or helplessness, keeping the person under pressure.
Promise of Reward
It involves promising any privilege that allows the person to obtain undeserved gains such as an award, promotion, grade, or similar benefits if they accept the sexual or emotional behavior or offer. Stating, explicitly or implicitly, that the person will be provided with undeserved gains if they accept the sexual behavior or offer is a promise of reward.
Examples, including but not limited to the following, are considered a promise of reward:
If the person to whom the sexual behavior or offer is made is a student: promising to raise their grade, provide academic or financial support, or share exam questions.
If the person to whom the sexual behavior or offer is made is an employee: promising to provide a promotion or salary increase, lighten the workload, or shorten the working period.
Retaliation (Misilleme)
It is the covert or overt hindrance of one's work or educational life as an act of revenge because the person rejected a sexual or emotional behavior or offer, or wanted to or did file a complaint, believing they were subjected to gender-based harassment, sexual harassment, or sexual assault, or wanted to or did report incidents of gender-based harassment, sexual harassment, or assault they witnessed.
Examples, including but not limited to the following, are considered retaliation:
If the person subjected to retaliation is a student: lowering their grade, ignoring them, blocking or not responding to their questions, rejecting requests for academic meetings, spreading rumors that could negatively affect them, making access to academic and financial support (e.g., scholarships, reference letters, etc.) difficult or impossible.
If the person subjected to retaliation is an employee: blocking their promotion, ignoring them, disregarding their work and negating or devaluing their work-related output, obstructing their professional development, rejecting requests for professional meetings, spreading rumors that could negatively affect them, creating difficulties in using their personal rights (e.g., annual leave usage, overtime pay, etc.), forcing them to do work outside their job description.
Consent
Consent is the person's approval, given with free will and verbal expression, for the process they are experiencing and for a specific behavior. A person's silence does not imply consent or approval. Consent can be withdrawn at any time. Actions that occur after consent is withdrawn are non-consensual. Consent is for a single instance, and even for the same event, the person's consent must be obtained again each time. Especially in situations where elements that risk undermining free will are prominent, such as a superior-subordinate relationship between the parties, the issue of whether consent, which is accepted as a reason for lawfulness, exists must be assessed sensitively and with gender awareness.
Construction of Consent
The construction of consent encompasses all methods used to turn a "No" into a "Yes" regarding any sexual behavior for which the person has not given consent, and which do not involve 'physical force.' This situation can cause the person's choices to become blurred, and they may realize the violence they have been subjected to much later.
Methods used in the construction of consent may include:
Insistence (continuous demanding),
Manipulation (comforting lies),
Emotional threats (threats of going to others if consent is not given),
Persuasion processes (gifts, financial support, and treats),
Promises (promotion, inclusion in research, creation of financial support for research, etc.),
Emotional pressure (making the person feel guilty),
Anxiety reduction (assurances given about the relationship), etc.
Inappropriate Situations (Uygun Karşılanmayan Durumlar)
It is inappropriate for individuals with academic or career-determining authority to engage in emotional and/or sexual relationships with their subordinates, even if consensual. This rule applies to relationships between all stakeholders, such as administrators, faculty members, assistants, students, and administrative staff.
The reason why emotional and sexual relationships between individuals in a hierarchical relationship are considered inappropriate is the difficulty in giving free consent in the unequal power relationship and the possibility of misuse of the existing authority.
The responsibility for preventing inappropriate situations belongs to the individual in the superior position in the hierarchical power relationship. To prevent these situations, the superior person must terminate the authority relationship without harming the other party's academic or professional life (transferring mentorship, change of supervisor, class change, etc.).
Gender-Based Digital Violence and Harassment
Digital/Cyber harassment refers to behaviors carried out with the aim of harassing, intimidating, threatening, and similarly harming a person using digital tools and platforms. This can include a single action or repeated actions and can be carried out by one person or a group.
Cyber Stalking: Means following using technology, persistent stalking via email, message, or any online platform.
Cyber Surveillance/Control: Is using technology to monitor a person's activities, social interactions, and movements. It includes situations such as demanding access to the person's mobile phone, forcing them to be reachable at all times, punishing them if they are not reachable, or pressuring them to send photos to prove where and with whom they are.
"Sextortion": Is blackmailing someone to coerce or continue sexual intercourse, for example, by threatening to publish private photos or videos.
Image-Based Harassment: Is publishing or sharing private photos or videos (even recordings of rape) online.
Financial/Economic Violence: Involves controlling the financial situation of people with whom the person is in/desires to be in a close relationship and ensuring they do not have any private financial resources, and forcing them to act against their will using economic power. (For example, using personal information to impersonate the victim, having complete control over bank accounts, stealing money, driving the victim into debt/seizing their income and assets, etc.)
Victim Blaming: Is an approach that absolves the perpetrator by attributing fault or blame for any victimization to the person who experienced it, on various grounds. In the context of sexual violence, it encompasses behaviors such as trying to find fault or blame in the person subjected to violence, explicitly or implicitly sending the message that the violence itself arose from that fault and that the person deserved the violence they were subjected to.
"Gaslighting": Is constantly manipulating the person in a way that makes them doubt their own perception and memory. The basic criterion is the culprit's conscious action to gain an emotional/material benefit. Gaslighting is the words and attitudes that cause the person subjected to it to "constantly doubt their own reality, perception, and memory." Claims such as the victim 'always misunderstanding/misremembering' events, 'being unable to think straight,' 'losing their judgment ability,' or 'having psychological problems' should be evaluated considering the concept of gaslighting.
6. Principles
Principle of Equality
Ensures that the provisions in this document are applied without discrimination based on factors such as sex, gender, sexual orientation, gender identity, and marital status. No discrimination or restriction based on sex that prevents or eliminates or aims to prevent or eliminate the exercise and enjoyment of human rights and fundamental freedoms in political, economic, social, cultural, civil, and other fields can be made based on the principle of gender equality. Special measures necessary for the protection of individuals against gender-based violence are not considered discrimination.
Principle of Due Diligence
The University takes responsibility for preventing behaviors that could lead to the revictimization of the harassed person and undermine the human dignity of the parties in the face of sexual harassment allegations. The principle of due diligence strengthens the mechanisms for preventing harassment and ensures that the victim is not revictimized in the application and follow-up process related to allegations of sexual harassment and assault.
Principle of Primacy of the Applicant's Statement
The principle of the primacy of the applicant's statement ensures that the research and evaluation process is initiated without the need for any evidence to investigate and inquire into the matter. Even in cases where there is no explicit evidence, a holistic approach to the context of the event and the individuals involved is developed. The statement being deemed sufficient for investigation does not mean reaching definite judgments and imposing punishment.
Principle of Protection of the Parties
The statement being deemed sufficient for investigation is a precautionary measure to protect the victim even in situations where the nature of the harassment keeps the situation confidential, where there is no explicit evidence, or where evidence has disappeared. Furthermore, during the investigation process, sensitivity is shown by considering the possibility of the parties being emotionally and physically worn out or traumatized.
Principle of Confidentiality
The University adopts the principle of acting in a way that protects the privacy of the applicant and the person complained against at all stages when dealing with sexual harassment allegations. Individuals involved in the reporting and/or complaint investigation process are obligated to maintain confidentiality and to handle the complaint with respect for the reputation of all persons involved.
Principle of Voluntariness
Voluntariness is essential in the application and the progression of the process. Even in situations where a third person initiates the process, no action is taken without informing and obtaining the approval of the victim.
Individuals who believe they have been sexually harassed are encouraged to contact someone they trust. These individuals are informed about all support mechanisms, the rights of the complainant, complaint avenues, and procedures to be applied against abuse. However, the person themselves decides whether or not they want to apply to any of these mechanisms.
Principle of Prompt Action
The University takes applications within this scope seriously, makes the necessary arrangements for the rapid evaluation of applications, and administrative measures in accordance with the legislation are taken without delay in situations deemed necessary for the protection of the applicant.
7. Responsibilities and Method
The Rectorate, which is responsible for implementing this policy document, will establish the Gender-Based Discrimination and Sexual Harassment Prevention and Support Unit (ACU-ACT), and this unit will implement the Gender-Based Discrimination and Sexual Harassment Prevention and Support Directive.
