We do hereby consent to adopt the following as if it was adopted at a regularly called meeting of the Governing Board of The Modify Foundation. In accordance with state law and the bylaws of this organization, by unanimous consent, the Governing Board has passed the Resolution No. MF/19-20/01/Dated 31 December, 2018 that:

On this 31st day of December, 2018, Modify Foundation has adopted:

1. Protection from Sexual Exploitation and Abuse (PSEA) Policy-2019

2. Whistleblower Policy-2019

Both the policies shall be effective from 1 January, 2019 and be binding on all the concerned.

Policy Introduction

Modify Foundation has a zero tolerance for sexual exploitation and abuse. Modify Foundation will not tolerate its staff, associates, partners or any other representatives associated with the delivery of its work to engage in any form of sexual exploitation or abuse. Vulnerable adults, women and children are particularly at risk of sexual exploitation and abuse. Modify Foundation is committed to protecting all communities that the organization works with from sexual exploitation and abuse at all times. Please see definitions for a full outline who is included in the community.

The purpose of the PSEA Framework, including the policy, procedures and resources, is to establish an outline of the importance of the framework and clear procedures. The PSEA Framework also affirms Modify Foundation’s commitment to the United Nations Secretary General’s Bulletin on Special Measures for protection from sexual exploitation and abuse (ST/SGB/2003/13).

This policy ensures that all Modify Foundation staff, associates, and partners are aware of their role and responsibilities in keeping communities and stakeholders safe from any form of sexual exploitation or abuse. The policy clarifies definitions and responsibilities regarding prohibited behaviour and the associated PSEA procedures outline the reporting and investigation processes.

Policy statement:

1. SEA violates universally recognized international legal norms and standards and are unacceptable behaviors and prohibited conduct for all humanitarian workers, including Modify Foundation employees and related personnel.

2. Modify Foundation has a policy of zero tolerance towards SEA. All Modify Foundation employees and related personnel are expected to uphold the highest standards of personal and professional conduct at all times, and to provide humanitarian assistance and services in a manner that respects and fosters the rights of beneficiaries and other vulnerable members of the local communities.

Scope of application:

1. This policy sets out Modify Foundation approach to prevent and respond to SEA. The policy applies to all employees and related personnel, both on-and off-duty. Definitions:

       1. For the purposes of the present policy the term ‘sexual exploitation’ means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

       2. Similarly, the term ‘sexual abuse’ means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. Commitment to PSEA:

1. Modify Foundation will make every effort to create and maintain a safe environment, free from SEA, and shall take appropriate measures for this purpose in the communities where it operates, through a robust PSEA framework, including prevention and response measures.

2. This PSEA framework, affirms Modify Foundation commitment to the UN Secretary General’s Bulletin on Special Measures for protection from sexual exploitation and sexual abuse (ST/SGB/2003/13) and to achieving full, ongoing implementation of the IASC Six Core Principles relating to SEA.

Six core principles:

1. SEA by Modify Foundation employees and related personnel constitute acts of gross misconduct and are therefore grounds for termination of employment.

2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of a child is not a defense.

3. Exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior is prohibited. This includes exchange of assistance that is due to beneficiaries.

4. Any sexual relationship between Modify Foundation employees or related personnel and beneficiaries of assistance or other vulnerable members of the local community that involves improper use of rank or position is prohibited. Such relationships undermine the credibility and integrity of humanitarian aid work.

5. Where an Modify Foundation employee or related personnel develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in the same organization or not, he or she must report such concerns via established reporting mechanisms.

6. All Modify Foundation employees and related personnel are obliged to create and maintain an environment which prevents SEA and promotes the implementation of this policy. Managers at all levels have particular responsibilities to support and develop systems which maintain this environment.

PSEA framework: 1. Prevention:

1.1 Vetting: In Modify Foundation Systematic vetting procedure for background verification through reference checks, police records and online digital profile of all employees and consultant is to be made prior to issuing the contract accordance with established screening procedures.

1.2. Training: Modify Foundation holds mandatory induction and refresher trainings for all employees and related personnel on the Organization’s SEA policy and procedures.

2. Response:

2.1. Reporting: Modify Foundation has safe, confidential and accessible mechanisms and procedures for personnel, beneficiaries and communities, including children, to report SEA allegations that and ensures that beneficiaries are aware of these.

2.2. Investigation: Modify Foundation has a process for investigation of SEA allegations in place and shall properly and without delay conduct an investigation of SEA by its employees or related personnel or refer to the proper investigative body if the perpetrator is affiliated with another entity.

2.2.1. Referral to National Authorities: If, after proper investigation, there is evidence to support allegations of SEA, these cases may be referred to national authorities for criminal prosecution.

2.3. Victim assistance: Modify Foundation has a system to promptly refer SEA survivors to available services, based on their needs and consent.

3. Cooperative arrangements:

3.1. All Modify Foundation contracts and partnership agreements include a standard clause requiring contractors, suppliers, consultants and sub-partners to commit to a zero-tolerance policy on SEA and to take measures to prevent and respond to SEA.

3.2. The failure of those entities or individuals to take preventive measures against SEA, to investigate allegations thereof, or to take corrective action when SEA has occurred, shall constitute grounds for termination of any cooperative arrangement.

Accountability Statement

Modify Foundation takes this policy very seriously, and the mandate prohibiting any form of sexual exploitation and abuse comes from Modify Foundation’s Executive Team (ET) and Governing body.

The PSEA policy applies to all Modify Foundation staff, associates, and partners who must comply with its requirements and understand the sanctions that may be applied for breaches of the policy. Where required by law or local practices, Modify Foundation or Country Offices may enhance the standards as set out in this policy. This commitment will be evidenced through signing the policy and the Code of Conduct. Training in this policy is mandatory for all Modify Foundation staff, associates, and partners.

The apex body of Modify Foundation is ultimately accountable for this policy. The Programme Director, Secretary and Governing Body of Modify Foundation are responsible for its implementation. It is the responsibility of all representatives of Modify Foundation to raise any concerns regarding sexual exploitation and abuse. Modify Foundation takes all concerns and complaints seriously and will initiate a comprehensive investigation of complaints that are in violation of this policy and take disciplinary and possibly legal action aswarranted.

Policy Approach

This policy details how Modify Foundation achieves its obligations and applies to all staff, associates and partners regardless of their location.

Framework Principles

This policy and the entire Safeguarding Framework are guided by the following principles: Safeguarding

Modify Foundation is committed to all community members as outlined in the definitions as having the right to safeguarding and protection from sexual exploitation and abuse irrespective of ability, ethnicity, faith, gender, sexuality, and culture. A key principle within this is that all processes are survivor led. Modify Foundation commits to survivors leading the complaint process where it is possible and appropriate to doso.

Shared Responsibility

For the PSEA policies and practices to be effective in reducing the risks to beneficiaries and communities, all at Modify Foundation must share the responsibility for implementation and improvement. As such, a failure at one level of the organization constitutes a failure at all levels of the organization.

Effective Communication

Modify Foundation effectively communicates with all staff, associates, and partners in simple and accessible language to create a positive and accessible culture where responsibilities for PSEA are clear.

Continuous Improvement

Modify Foundation provides assessment, reflection and feedback mechanisms to inform the organization of any improvements that can be made to policies and practices. These mechanisms include quarterly incident reviews, regular safeguarding audits, as well as regular policy review and refresher training.

Dignity and Respect

Modify Foundation creates a work environment where the principles of dignity and respect for all staff, associates, and partners, in all locations are at the heart of what the organization does. Included in this are the principles of being non-judgemental when hearing the concerns and complaints of survivors of sexual exploitation and abuse.

Zero Tolerance

Modify Foundation has zero tolerance for any forms of sexual exploitation and abuse. Confidential

Modify Foundation Is committed to confidentiality and information will not be shared outside of the Safeguarding Committee unless it is absolutely necessary, and the safety of the person involved is a concern.

Policy Implementation Policy Map

This policy will guide Modify Foundation staff through the definitions of sexual exploitation and abuse as well as governance and responsibilities. The associated procedures and resources will provide information on how to report any complaints, the format of the reporting, and how these complaints will be managed.

Governance

The Programme Director, together with the Governing Body, has ultimate responsibility for this policy and the PSEA Framework and its proper management, using a systematic approach. As such, the The Programme Director and the Governing Body will receive a summary of any reported sexual exploitation and abuse incidents and follow-up measures taken at each Executive Team meeting and Board meeting, respectively.

Roles and Responsibilities on PSEA

Peronnel	Roles and Responsibilities
Management	Provide oversight of PSEA prevention and response Review and update PSEA-related policies and guidance Ensure attention and resources to PSEA across the organization Facilitate and oversee investigations of SEA allegations Coordinate with other organizations on PSEA, including donors
PSEA Focal Point (in coordination with gender/GBV/CP personnel where available)	Support senior management to meet their PSEA-related responsibilities Report concerns or issues with PSEA implementation to senior management Receive reports of SEA allegations and coordinate the response Conduct training and awareness-raising of personnel and others on PSEA Coordinate with other relevant actors on PSEA, including inter-agency efforts
Human Resources	Conduct screening for past SEA violations, and other code of conduct and policy violations (e.g. fraud, corruption, abuse of power), as part of recruitment process Ensure all personnel sign the organization’s code of conduct Integrate a PSEA clause in contract agreements, including when subcontracting Support communication with personnel during investigation of SEA allegations Keep PSEA-related documents of personnel on file, including signed codes of conduct
All Personnel	Uphold the code of conduct and PSEA-related policies Actively participate in SEA-related trainings and awareness-raising efforts, including support for dissemination of PSEA materials Report allegations of SEA through the designated reporting channels Participate in investigations of SEA allegations as appropriate Identify and mitigate/avoid SEA-related programme risks (particularly for personnel involved in programming)

Modify Foundation’s Obligations

Modify Foundation believes that all people have a right to live their lives free from sexual exploitation and abuse and will not tolerate its staff, associate, or partners engaging in any sort of behaviour that puts beneficiaries or communities at risk. To that end, Modify Foundation commits to:

1. Creating a safe culture for both those it serves and those who work for and represent the organization.

2. Following through on any complaints and concerns in a timely manner through its Safeguarding Committee and taking each complaint seriously.

3. Sensitising staff, associates, and partners, around how to make a complaint.

4. Ensuring zero tolerance towards sexual exploitation and abuse.

5. Building a culture of dignity, honor and respect where all those who work with and are served by Modify Foundation feel empowered to report complaints.

6. Educating staff, associates, and partners that sexual exploitation and abuse constitute gross misconduct and are grounds for termination of employment and possibly legal action.

7. Providing information on how to report complaints and the investigation procedure.

8. Ensuring that all staff, associates, and partners have access to the PSEA policy and procedures as well as all other related safeguarding policies.

9. Providing training to all staff, associates, and partners on PSEA.

Safeguarding Committee

A Safeguarding Committee has been established at the HQ level as well as in each field location. The Safeguarding Committee is comprised of 5 members:

1. One woman in a Senior Management Role

3. Three members will be from across different departments in the country program.

4. A fifth member who is an external expert in harassment, sexual exploitation or abuse.

All Safeguarding Committees will ensure that there is diversity and equal gender representation on the committee.

The Safeguarding Committee will be responsible for informing and training all staff in safeguarding, PSEA and harassment policies and procedures. They will also be responsible for receiving and investigating any safeguarding complaints, including PSEA. The Safeguarding Committees will be trained in all of the Safeguarding policies as well as reporting and investigations. The Safeguarding Committee will also be provided with specialised psychological first aid training so that they are able to offer appropriate support as required.

Confidentiality of Complaint

Modify Foundation will protect the confidentiality of sexual exploitation and abuse allegations to the greatest extent possible in order to protect the integrity of the investigation and prevent embarrassment, further discrimination or harassment, or retaliation.

Confidential or sensitive information obtained by any staff member during the course of an investigation shall not be disclosed to others unless required by law. Concerns of individuals regarding confidentiality of information provided by them will be handled as sensitively as possible, and information shall not unnecessarily be disclosed to others. Modify Foundation cannot guarantee, however, complete confidentiality, because the organization cannot conduct an effective investigation without revealing certain information to the alleged perpetrator and potential witnesses. Modify Foundation will share information about allegations of sexual exploitation, abuse and harassment only with those who need to know about it. Records relating to sexual exploitation, abuse and harassment complaints will also be kept confidential on the same basis.

Whistle-Blowing

As referred to in Modify Foundation’s whistle-blowing policy, all disclosures will be treated in confidence.

Prohibited Retaliation

Modify Foundation maintains a zero-tolerance policy for retaliation against anyone for reporting sexual exploitation or abuse, assisting in making a complaint, or participating in an investigation.

Any staff, associate, or partner who makes a good-faith complaint of sexual exploitation or abuse, assists, testifies, or participates in any investigation or proceeding or who reasonably opposes such conduct in the workplace will not be adversely affected in the terms and conditions of his or her employment and will not be discriminated against or discharged for engaging in such activity.

Retaliation not only affects the recipient, but also can spread rapidly throughout Modify Foundation. It destroys faith in Modify Foundation’s leadership and can damage employee morale.

Complaints of retaliation will be promptly investigated. If retaliation is substantiated, appropriate disciplinary action, including possible dismissal, will be taken. Examples of retaliation:

Some examples of retaliation include but are not limited to the following:

● Termination, demotion, disadvantageous transfers or assignments, refusals to promote, threats, reprimands, or negative evaluations.

● Co-worker hostility or retaliatory harassment, which includes intimidation, gossip, rumors, insults, or otherwise offensive conduct that would subject a person to ridicule or humiliation.

● Any action or combination of actions that is reasonably likely to materially and adversely affect an employee’s job performance or opportunity for advancement. PSEA Commitments

All Modify Foundation staff, associates, and partners are expected to conduct themselves in accordance with the PSEA policy. Following are the core commitments relating to sexual exploitation and abuse that all staff, associates, and partners are expected to follow. The following behaviours are prohibited:

Sexual Activity with Children and Vulnerable Adults

Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief in the age of the child is not a defence.

Sexual activity with vulnerable adults, as outlined in the definitions, is also prohibited.

Child Marriage

Any staff, associates, or partners who engage in child marriage (marriage to anyone under the age of 18) will be in violation of the PSEA policy. As per the definition of child marriage, anyone under the age of 18 is not able to give or withhold consent and is considered a form of sexual violence. Any staff married to a child under the age of 18 as per the custom or law of their country, before the Modify Foundation PSEA policy came into force will not be subject to disciplinary action. Modify Foundation, however, prohibits any such relationship from occurring once the PSEA policy came into effect.

Sexual Activity with Modify Foundation Beneficiaries

Sexual activity with any beneficiary is prohibited due to inherently unequal power imbalances. A Modify Foundation beneficiary is defined as anyone who receives services or support from Modify Foundation or a Modify Foundation partner.

Grooming and/or Coercion

Any grooming and/or coercion of a child or vulnerable adult for the purposes of obtaining sex is prohibited.

Sexual Exploitation

Any form of sexual exploitation is prohibited including:

- Buying Sex

Exchange of money, material assistance, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitive behaviour is prohibited.

- Profiting from Sexual Exploitation

Any monetary, social or political gain from sexual exploitation is prohibited.

Sexual Harassment

Any act of sexual harassment including unwelcome sexual advances or requests for sexual favours is prohibited both under the PSEA policy and the Anti-Harassment policy.

Sexual Violence

Any acts of sexual violence as outlined in the definitions in prohibited. This includes, but is not limited to, sexual violence including intercourse, sexual touching, and threats of sexual violence.

Physical/Emotional Abuse

As outlined in both the Child Safeguarding and the Adult Safeguarding policies, any physical or emotional abuse is prohibited.

This list may be expanded at any time and details will be communicated with staff, associates and partners through the Safeguarding Committee. Additional prohibited behaviours related to abuse can be found in the Child Safeguarding and Adult Safeguarding policies.

Consequences

Any staff, associate, or partner who is in violation of the PSEA policy will face disciplinary procedures, which may result in disciplinary action, termination of employment or contract and/or referral to the appropriate law enforcement agency or legal authority.

Communication and Training

It is Modify Foundation’s responsibility to ensure that all staff, associates and partners are aware and fully compliant with the PSEA policy. In order to take the steps to prevent any forms of sexual exploitation or abuse, Modify Foundation will ensure that:

1. Training is provided for all staff who has a specific responsibility for implementing this Policy and associated Procedure or who may be involved in dealing with complaints, which arise.

2. Awareness raising training is provided to all staff, associates, and partners on PSEA. The training will equip staff, associates, and partners to develop awareness as well as an understanding of when and how to report any concerns.

3. Proactive steps are taken to communicate the zero-tolerance message.

4. All staff is informed of and trained in the policy and procedure.

5. All staff is aware of the definitions under this policy.

6. All staff is aware of reporting procedures.

7. All staff has signed and acknowledged that they have read and understood the policy.

PSEA Reporting Procedures

The associated procedures document outlines how to report any incidents of sexual exploitation or abuse.

Failure to Report

The Code of Conduct as well as the Inter Agency Standing Committee (IASC) Core Principles on PSEA state that it is the duty and the responsibility of all staff, associates and partners to report any PSEA concerns. Failure to report may lead to disciplinary action.

Support for Survivors Support will be offered to survivors regardless of the outcome of any investigations. This support can include specialist psychosocial counselling and/or access to other specialist support as needed. Definitions

Child and vulnerable adults

A child is any individual under the age of 18, irrespective of local country definitions of when a child reaches adulthood.

Vulnerable adults are defined as:

• Those aged over 18 years and who identify themselves as unable to take care of themselves/ protect themselves from harm or exploitation; or

• Who, due to their gender, mental or physical health, disability, ethnicity, religious identity, sexual orientation, economic or social status, or as a result of disasters and conflicts, are deemed to be at risk.

Physical Abuse

Physical abuse occurs when a person purposefully injures or threatens to injure a child or vulnerable adult. This may take the form of slapping, punching, shaking, kicking, burning, shoving or grabbing. The injury may take the form of bruises, cuts, burns or fractures.

Child Emotional Abuse

Emotional abuse is inappropriate verbal or symbolic acts toward a child or a pattern of failure over time to provide a child with adequate non-physical nurture and emotional availability. Such acts have a high probability of damaging a child’s self-esteem or social competence.

Neglect

Neglect is the failure to provide a child or vulnerable adult with the conditions that are culturally accepted as being essential for their physical and emotional development and well-being.

Vulnerable Adult Abuse

A Vulnerable Adult is defined as someone “who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation”. Vulnerable Adult Abuse can take many forms including: physical, sexual, psychological, financial/ material, discriminatory, domestic abuse and self-neglect.

Sexual Abuse

The term “sexual abuse” means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

Child Sexual Abuse

Child sexual abuse is the involvement of a child in sexual activity that s/he does not fully comprehend, give informed consent to, or for which s/he is not developmentally prepared and cannot give consent, or that violates the laws or social taboos of society. It is evidenced by an activity between a child and an adult or another child who by age or development is in a relationship of responsibility, trust or power, the activity being intended to gratify or satisfy the needs of the other person. It may include, but is not limited to, the inducement or coercion of a child to engage in any unlawful sexual activity, the exploitative use of a child in prostitution or other lawful sexual practices or the exploitative use of pornographic performances and materials.

Grooming

Grooming is behavior that an offender uses to procure sexual activity from a child. It can include building trust with children and/or their careers to gain access to children to sexually abuse them.

Online Grooming

Grooming may be in person as above, or online where the groomer sends electronic messages with the goal of engaging the child in sexual activity.

Coercion

Coercion covers a whole spectrum of degrees of force. Apart from physical force, it may involve psychological intimidation, blackmail or other threats. For instance, threats of being dismissed from a job or of not obtaining a job that is sought. It may also occur when a person is unable to give consent. For example, while drunk, drugged, asleep or mentally incapable of understanding the situation.

Sexual Exploitation

The term “sexual exploitation” means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Modern Slavery

Slavery is a situation where a person exercises (perceived) power of ownership over another person. Related terms include forced labour, which covers work or services that people are not doing voluntarily but under threat of punishment; human trafficking, which involves deceptive recruitment and coercion; and bonded labour, which is demanded in repayment of a debt or loan. Modern slavery encompasses a spectrum of labour exploitation, ranging from the mistreatment of vulnerable workers to human trafficking to child labour and forced sexual exploitation.

Sexual Violence

Sexual violence is:

• Any sexual act or attempt to obtain a sexual act

• Unwanted sexual comments or advances or acts to traffic that are directed against a person’s sexuality using coercion by anyone, regardless of their relationship to the victim, in any setting, including at home and at work.

Three types of sexual violence are commonly distinguished: sexual violence involving intercourse (i.e. rape), contact sexual violence (i.e. unwanted touching, but excluding intercourse) and noncontact sexual violence (i.e. threatened sexual violence, exhibitionism and verbal sexual harassment). While coerced sex may result in sexual gratification for the perpetrator, its underlying purpose is to express power and dominance over the other person.

Child Marriage

The custom of marrying young children, particularly girls, is a form of sexual violence as children are unable to give or withhold consent.

Sexual Harassment

Sexual harassment includes ‘unwelcome sexual advances, requests for sexual favors, and other conduct that creates a coercive, hostile, intimidating, or offensive work environment’.12The harassment of a sexual nature may be directed to a person of the same or opposite sex.

The key elements are that the behaviour is uninvited, unreciprocated and unwelcome and causes the person involved to feel threatened, humiliated or embarrassed. The behaviour may also be determined to be sexual violence and harassment if:

● Submission to such conduct is explicitly or implicitly made a term or condition of employment.

● Submission to or rejection of this conduct is used as a basis for an employment decision affecting the staff.

● Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

Please refer to Modify Foundation’s Anti-Harassment policy & procedure for more information.

Communities

The communities that Modify Foundation works with includes, but isn’t limited to, communication services— full spectrum, health service providers at facilities, outreach facilities, frontline health workers, any other service providers, women, men, girls, boys, people with special needs, vulnerable adults and marginalised groups.

Modify Foundation staff refers to individuals who receive a regular salary for work in any part of Modify Foundation, including all Field Offices, Headquarters and any other location where Modify Foundation operates.

Modify Foundation associates refers to a range of paid and non-paid individuals who have committed to work with or support Modify Foundation. It includes volunteers, interns, and consultants and contractors.

Modify Foundation managers refers to Modify Foundation staff who have responsibility for line managing or supervising the work of Modify Foundation staff or Modify Foundation associates.

Modify Foundation partners refers to staff and/or representatives of partner organizations and local governments when operating in partnership agreement with Modify Foundation.

Policy Review

To meet with sector best practice, Modify Foundation agrees to review this policy and the entire PSEA Framework every two years, as a minimum. It is the responsibility of the Chief of Governance and Operations to complete this review, in collaboration with any key internal stakeholders or external third-party providers.