V1.0.0 | 2023

 

Zouk Pirates’ leadership team is committed to providing an inclusive and welcoming environment for all attendees free from misconduct including inappropriate behaviors and sexual harassment. Zouk Pirates will operate a zero-tolerance policy for any form of sexual misconduct at our events, treat all incidents seriously, and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from events and classes. All complaints of sexual misconduct will be taken seriously and treated with respect and in confidence. No one will be victimized for making such a complaint. 

 

All attendees are strongly encouraged to inform law enforcement authorities about instances of misconduct, especially where there is an ongoing safety concern. 

Definitions

Definition of Consent 

For purposes of this policy, consent is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either verbally, or through clear, unambiguous actions. 

 

1. Dance Floor Consent – It is the responsibility of both dancers to communicate boundaries for what is comfortable on the dance floor. It is always the responsibility of both dancers to communicate if uncomfortable contact is present and ask the person to stop. 

2. It is the responsibility of the person who wants to engage in sexual activity to ensure that consent is obtained from the other person. 

3. Lack of protest or resistance does not mean consent, nor does silence mean consent. For that reason, relying solely on nonverbal communication can lead to misunderstanding and dancers are strongly encouraged to use verbal communication when obtaining consent.

4. The existence of a dating relationship between the persons involved or the fact of a past sexual relationship does not imply consent to future sexual acts. 

5. Consent must be present throughout the sexual activity — at any time, a participant can communicate a desire to no longer consent to continuing the activity. 

6. Consent to one form of sexual activity does not imply consent to other forms of sexual activity.

7. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, the participants must stop the activity until clarification is obtained. 

8. Consent is not procured by the use of physical force, compelling threats, intimidating behavior, or coercion. 

9. Persons who are unable to give consent: 

   1. Persons who are asleep, unconscious, or involuntarily restrained physically.

   2. Persons who are otherwise incapacitated or unable to communicate clear consent.

Definition of Sexual misconduct 

Sexual misconduct is unwelcome conduct of a sexual nature which makes a person feel offended, humiliated, and/or intimidated. It can involve one or more incidents and actions constituting harassment and may be physical, verbal, or non-verbal. 

 

Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior. It can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. 

 

Sexual misconduct includes, but is not limited to, the following examples of prohibited conduct as further defined below: 

1. Sexual assault

2. Sexual harassment

3. Sexual exploitation

4. Sexual intimidation

Sexual Assault

Sexual assault is a form of sexual misconduct and represents a continuum of conduct from forcible intercourse to nonphysical forms of pressure that compel individuals to engage in sexual activity against their will. Examples of sexual assault under this policy include, but are not limited to, the following behaviors, however slight, when consent is not present: 

 

1. Sexual intercourse or attempted sexual intercourse.

2. intentional contact with the breasts, buttocks, groin, or genitals, touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts 

3. any other intentional unwanted bodily contact of a sexual nature 

Sexual Harassment

Sexual harassment is a form of discrimination that includes verbal, written, or physical behavior of a sexual nature, directed at an individual, or against a particular group, because of that person's or group's gender/gender expression, or based on gender/gender expression. Examples of sexual harassment include but are not limited to: 

 

1. Pressuring another dancer to engage in sexual behavior for some perceived benefit - Making threats that rejecting sexual behavior will carry a negative consequence - Unwelcome efforts to develop a romantic or sexual relationship 

2. Repeated unwelcome commentary about an individual's body or sexual activities

3. Repeated unwanted sexual attention 

4. Repeated and unwelcome sexually oriented teasing, joking, or flirting 

Sexual Exploitation

Sexual exploitation involves taking non-consensual, unjust, or abusive sexual advantage of another person. Examples can include, but are not limited to the following behaviors: 

 

1. Electronically recording, photographing, or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved.

2. Voyeurism (spying on others who are in intimate or sexual situations).

3. Distributing intimate or sexual information about another person without that person's consent.

4. Prostituting or trafficking another person.

Sexual Intimidation

Sexual intimidation includes but is not limited to:

1. Threatening another person that you will commit an unwanted sexual act against them

2. Engaging in indecent exposure 

Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. Zouk Pirates leadership recognizes that sexual misconduct may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed. 

 

Zouk Pirates leadership recognizes that sexual misconduct is a manifestation of power dynamics and often occurs within unequal relationships. Examples of unequal relationships include but are not limited to those between artists/students, and those between experienced dancers/new dancers. Anyone, including attendees, instructors, artists, DJs, volunteers, staff, organizers etc. who sexually harasses another at an event will be reprimanded in accordance with this internal policy. 

Complaints procedures 

Anyone who is subject to sexual misconduct should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. Zouk Pirates leadership recognizes that sexual harassment may occur in unequal relationships and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated team members responsible for receiving complaints of sexual harassment. When a designated person receives a complaint of sexual harassment, he/she will:

1. Record the dates, times and facts of the incident(s).

2. Ascertain the views of the victim as to what outcome he/she wants.

3. Ensure that the victim understands Zouk Pirates team procedures for dealing with the complaint.

4. Discuss and agree the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome.

5. Ensure that the victim knows that they can lodge the complaint outside of the Zouk Pirates framework through the relevant legal or law enforcement mechanisms.

Informal complaints mechanism 

If the victim wishes to deal with the matter informally, the designated Zouk Pirates team member will: 

1. Give an opportunity to the alleged harasser to respond to the complaint.

2. Ensure that the alleged harasser understands the complaints mechanism.

3. Facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator.

4. Ensure that a confidential record is kept of what happens.

5. Follow up after the outcome of the complaints mechanism to ensure that the behavior has stopped.

6. Ensure that the above is done speedily.

Formal complaints mechanism 

If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter. The designated team member who initially received the complaint will bring in the other leadership members so that multiple ears/eyes are aware of the situation. 

 

Zouk Pirates leadership will: 

1. Interview the victim and the alleged harasser separately.

2. Interview other relevant third parties separately, including organizers in other scenes who may have information relating to related behavior elsewhere.

3. Produce a report detailing the investigations, findings, and any recommendations.

4. If sexual misconduct took place, decide what the appropriate level of sanctions or disciplinary measures is. This could range anywhere from an apology up to and including dismissal from Zouk Pirate events.

5. Follow up to ensure that the recommendations are implemented.

6. If it is not possible to determine whether sexual misconduct took place, may still make recommendations to ensure proper functioning of the event .

7. Keep a record of all actions taken.

8. Ensure that all records concerning the matter are kept confidential.

9. Ensure that the process is done as quickly as possible.

Outside complaints mechanisms 

A person who has been subject to sexual misconduct can also make a complaint outside of the events hosted by Zouk Pirates leadership. They can do so through contacting the local authorities and it is highly recommended. 

Sanctions and disciplinary measures 

Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions: 

1. Verbal or written warning 

2. Suspension 

3. Immediate dismissal 

The nature of the sanctions will depend on the gravity and extent of the sexual misconduct. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence/assault, will result in the immediate dismissal of the harasser. 

Artists/DJ Continued Agreement after findings of sexual misconduct 

We value recommendations and advice from our partner organizations and event organizers. In the event, that Zouk Pirates leadership discovers sexual misconduct of an artist/DJ already invited to any Zouk Pirates events before that service is rendered, we will research and evaluate the level of sexual misconduct as follows: 

High Risk

1. Formal Complaint and Reported Sexual Assault or transmitting intimate or sexual utterances, sounds, or images without the knowledge and consent of all parties involved at an affiliated festival or event. 

2. Formal Complaint Reported and Persistent Sexual Misconduct found across multiple festivals and events and jurisdictions/countries.
    

ACTION: Disciplinary Action taken at the discretion of Zouk Pirates leadership

Medium / Low Risk

1. Sexual Misconduct not discovered in multiple events and reported to the organizer. 

ACTION: Organizers will maintain a high-level watch on the artist/DJ during the festival. If any type of Sexual Misconduct is reported, NO WARNING will be issued, and the artist/DJ will be dismissed from the event, or other action taken at the discretion of Zouk Pirate leadership. 

Implementation of this policy 

Zouk Pirates leadership will ensure that this policy is widely disseminated to all relevant persons and easily accessible. Every year Zouk Pirates leadership will require all artists/DJs/organizers/attendees to sign this policy and adhere to it. 

Monitoring and evaluation 

Zouk Pirate leadership recognizes the importance of monitoring this NO TOLERANCE POLICY and will ensure that it anonymously collects statistics and data as to how it is used and whether or not it is effective.