Regulations for the Prevention of Sexual Harassment

Sexual harassment and sex-related persecution violate human dignity, freedom, privacy, and equality between the sexes; they are also criminal offenses and grounds for tort claims, since the ratification of Prevention of Sexual Harassment Law, 1998 (hereinafter: the Law), as of September 20th, 1998.

Sexual harassment and persecution harm workplace relations and are contrary to the Holon Technology Institute's policy (registered association) (hereinafter: the Institute), and it will not tolerate them.

The objective of these regulations is to clarify the principles of the instructions of the Law and the Regulations for the Prevention of Sexual Harassment (Employer Obligations), 1998 (hereinafter: the Regulations); in case of conflict between these regulations and the Law and its Regulations, the Law and its Regulations will prevail, and they can be perused, as stated in clause 10 of this document.

Part A: What are sexual harassment and persecution?

What is sexual harassment?

1. While in most sexual harassment cases a man harasses a woman, both men and women could sexually harass and the harassed could be a woman or a man; the law covers all these options. Any reference in these regulations to the male or female gender applies to both genders.
2. According to the Prevention of Sexual Harassment Law, 1998, sexual harassment is one of six prohibited behaviors, which are:
   1. Blackmailing a person to do an act of a sexual nature; for example: a manager threatening to fire an employee if they refuse to have intercourse with them;
   2. An indecent act; for example: an employee or superior touching an employee for the purpose of sexual stimulation or exposing themself in front of the employee without consent, or a superior who does these types of acts to the subordinate, exploiting the authority relationship in the workplace;
   3. Repeated propositions of a sexual nature, even though the person to whom the propositions are addressed has indicated to the harasser that they are not interested in them; however, there is no need to show "a lack of interest" in the cases described in clause 1.3 below for this behavior to be considered sexual harassment;
   4. Repeated references to a person's sex or sexuality, even though the person to whom the references are addressed has indicated that they are not interested in them; for example: repeated behavior pertaining to the sexual aspect of a person's appearance, despite their clarification that this bothers them; however, there is no need to show "a lack of interest" in the cases described in clause 1.3 below for this behavior to be considered sexual harassment;
   5. Demeaning or humiliating behavior toward a person's sex or sexuality, including a person's sexual orientation, whether or not they have indicated that it bothers them;
   6. Publication of a photo, video, or recording of a person focusing on their sexuality, under circumstances in which the publication might humiliate or demean them and they did not consent to the publication; however, in a criminal or civil proceeding based on this paragraph, a good defense for the publisher shall be showing that the publishing was done in bona fide or for a valid reason or that the publication had the truth of public interest and was within the realm of reasonableness in order to achieve its purpose;
      For this case, it is hereby clarified that "a photo, video, or recording" – also includes the editing or combining of a photo, video, or recording wherein the person is identifiable;
      For example:
      1. The distribution of a video on sites that are open to the public that documents intercourse, without the consent of all those recorded in the video, and under circumstances in which the protections described above do not take place;
      2. The publication of a graphic edit in which an identified person's head appears in combination with some nude picture without the identified person's consent in a way that might humiliate or demean them, and under circumstances in which the protections described above do not take place;
3. If the acts described in clause 1.2.3 and in clause 1.2.4 above: repeated propositions of a sexual nature and repeated references to a person's sex or sexuality are addressed to someone belonging to one of the groups below, these acts constitute sexual harassment even without that person indicating that they are not interested:
   1. An employee – within workplace relations, and a service provider while they provide a service – exploiting authority relations in the workplace or service;
   2. A pupil or student who studies at an institute that provides theoretical, religious, or professional education to adults – exploiting authority relations in their studies;
   3. A minor or helpless person – exploiting authority relations, dependency, education, or treatment, and if the minor has yet to reach age 15 – even without exploiting the abovementioned relations, as long as the harasser isn't a minor;
   4. A patient – as part of mental, health-related, medical, or paramedical treatment – exploiting the patient's dependency on the caregiver; in this subparagraph, "mental treatment" – as defined in Article 347A of the Penal Law;
   5. An 8th, 9th, or 10th grade student, who isn't a minor – exploiting authority relations in their studies;
   6. A person in recovery, as defined in the Law of Rights of People with Disabilities who are Employed as People in Recovery (temporary order), 2007, as part of employment – exploiting authority relations in employment or dependency;
   7. A person – exploiting authority relations or dependency, as part of the guidance of or consultation with a minister or a person who impersonates a minister or a person who is known as or presents themselves as a person with unique spiritual qualities;
   8. A person addressed by a public worker while they fulfil their role or in relation to it, misusing their authority – exploiting authority relations or the person's dependence on the public worker; in this paragraph, "public worker" – as defined in Article 34X in the Penal Law;
   9. A person with disabilities who is employed in sheltered employment – exploiting authority relations or dependency
   Lack of interest is indicated in words or behavior that clarify to the person propositioning their lack of interest in the proposition.

What is persecution?

Persecution is harm of any kind originating from sexual harassment, or from a sexual harassment or persecution complaint or claim that has been filed. Examples:

1. Harm originating from sexual harassment – an employer who fires or prevents the promotion of an employee due to their rejection of another employee's repeated propositions of a sexual nature;
2. Harm originating from a sexual harassment or persecution complaint or claim – an employer or a person acting on their behalf worsening the work conditions of an employee who complained about humiliating or demeaning behavior toward their sexuality;
3. Harm originating from helping an employee with a sexual harassment or persecution complaint or claim – an employee giving testimony regarding the harassment of another employee and the employer or person acting on their behalf causing the former harm because of this;

What is "workplace relations"?

By law, sexual harassment or persecution in "workplace relations" takes place in each of the following 4 circumstances:

1. In the workplace;
2. In another location in which an activity conducted on behalf of the employer takes place;
   Examples:
   1. A hall in which the employer and their employees present an exhibition of the employer's products;
   2. A training or advanced training institute in which a course taught by the employer takes place;
   3. A restaurant in which a party hosted by the employer for their employees takes place;
3. During work;
   For example: a drive that takes place during and as part of the job, including for a work meeting outside the workplace;
4. Exploitation of authority relations in the workplace in any location (including the superior's house).

Part B: The Outcomes of Sexual Harassment and Persecution

Sexual harassment and persecution are illegal

Sexual harassment and persecution constitute –

1. A criminal offence with a penalty of a prison sentence or fine, and for which a complaint can be lodged with the police;
2. A civil wrong, for which a claim can be filed; in such a claim, one can sue for financial compensation and other permanent or temporary aid from the harasser, the persecutor, and in certain cases – from their employer.

Sexual harassment and persecution constitute disciplinary offences

Sexual harassment and persecution constitute disciplinary offenses, for which the harasser or persecutor could receive a disciplinary penalty.

Part C: The Institute's Policy and Its Responsibility to Prevent Sexual Harassment and Persecution

The Institute's responsibility as an employer and as a higher education institute

1. In addition to being prohibited, like anybody, from harassing and persecuting, the Law places on the Institute special responsibility over the actions of its employees and people acting on its behalf within workplace relations; the Institute, as an employer and as a higher education institute, must take reasonable measures, as set forth in these regulations, of which there are three types:
   1. The prevention of sexual harassment and persecution as described in this section;
   2. Efficient handling of sexual harassment or persecution of which it is aware (clauses 12 to 16 below);
   3. Repairing the harm from sexual harassment or persecution or lodging a complaint or claim about them (clauses 12 to 16 below).
2. By law, an employer who did not take the measures described in this clause is responsible for sexual harassment or persecution from their employee or someone acting on their behalf within workplace relations, and they can be sued in a civil claim for it.

Preventative measures

1. The Institute demands that every person acting on its behalf, every employee, and every student refrain from acts of sexual harassment and persecution and do as much as they can to prevent such acts, all to create, along with the Institute, a workplace and learning environment without sexual harassment and persecution.
2. The Institute demands that every person acting on its behalf, every employee, and every student actively participate in preventing sexual harassment and persecution in the workplace and studying relations at the Institute.
3. Informational and training activities: the Institute demands that every person acting on its behalf, every employee, and every student take part in the informational and training activities conducted on its behalf about the ban on sexual harassment and persecution and their prevention; alternatively, the Institute permits its employees to take part, during work hours, in the abovementioned activities, which are organized, at reasonable intervals, by other sources, such as representative workers' organizations or human rights groups, as long as it does not compromise the proper course of the work.
4. The Institute shall be permitted to sanction students and employees who do not take part in informational activities (clause 23 below).

Cooperation with the workers' representative

The Institute cooperates with workers' organizations in the workplace regarding informational and training activities about the ban on sexual harassment and persecution and their prevention.
The workers' organizations related to this issue in the workplace are:

1. Association of Senior Academic Faculty, Holon Institute of Technology
2. Association of Adjunct Professors, Holon Institute of Technology
3. Administrative Workers' Committee, Holon Institute of Technology

Receiving information, and from whom

1. Every worker and student are entitled to –
   1. Browse and receive photos of each of the following:
      1. The Prevention of Sexual Harassment Law, 1998;
      2. Regulations for the Prevention of Sexual Harassment (Employer Obligations), 1998;
      3. The workplace's disciplinary instructions in regard to sexual harassment and persecution;
   2. Receive information about the Institute's informational and training activities about the ban on sexual harassment and persecution and their prevention.
2. An employee/student can demand to receive the abovementioned material and information from the sexual harassment commissioners at the Institute (hereinafter: the commissioners), who are:
   1. Designated email address: HITsafe@hit.ac.il
   2. Dr. Yulia Kempner, senior lecturer in the Department of Computer Science; phone number 03-5026739; email address: yuliak@hit.ac.il
   3. Ira Ivshin-Guetta, research innovation and international ventures authority and international partners and programs manager; phone number 03-5026901; email address: irai@hit.ac.il

Part D: What Should You Do If You Were Sexually Harassed or Persecuted?

If a person believes that they have been sexually harassed or persecuted, they have, by law, three options – the person can choose one or more of the following options:

1. Handling the matter under the Institute's responsibility: if the harassment or persecution took place within "workplace relations" or within "studies relations", the injured can lodge a complaint with the Institute according to the procedure described in clauses 12 to 16 below;
2. Criminal proceedings: the injured can lodge a complaint with the police;
3. Civil proceedings: the injured can file a claim with the court (usually – with the Regional Labor Court) against –
   1. The harasser or persecutor themselves;
   2. And if they allege that the Institute is responsible, also against the Institute (clause 7 above).

Part E: Complaint Procedure at the Institute and Handling the Matter Under Its Responsibility

Who can lodge a complaint, and under which circumstances?

Each of the following can lodge a complaint:

1. An employee or student who alleges that they have been sexually harassed or persecuted within workplace or studies relations at the Institute;
2. A person who alleges that an Institute employee or someone acting on their behalf or an Institute student has sexually harassed or persecuted them within workplace or studies relations;
3. Another person acting on their behalf as stated in clause 12.1 or clause 12.2 above.

To whom can the complaint be lodged?

1. A complaint shall be lodged with the sexual harassment prevention commissioners at the Institute as stated in clause 10.2 above.
2. If one of the commissioners is the person about whom the complaint is lodged (hereinafter: the defendant) or has a personal connection to the complaint's subject or to those involved in it, the complaint shall be lodged with the other commissioner, and in their absence – with the Institute's management (in this case, the management shall act according to this section, as the commissioner would have).
3. If the defendant was a human resources contractor's employee who is employed, de facto, at the Institute –
   1. The complaint shall be lodged with the commissioner acting on the contractor's behalf or with the commissioner acting on the Institute's behalf;
   2. If the complaint has been lodged with the commissioner acting on the contractor's behalf, that commissioner is permitted to pass on the inquiry's handling to the commissioner acting on the Institute's behalf, and if the handling has been passed on as stated above – the commissioner acting on the contractor's behalf shall inform the complainant of this.

The complaint lodging method

1. The complaint can be lodged verbally or in writing.
2. If a complaint has been lodged verbally –
   1. The commissioner shall write down the complaint's contents, and if possible, note the following details:
      1. The identities of those involved in the incident and whether they have authority relations, dependence relations, etc., as well as the identities of the witnesses, if they exist;
      2. Where the incident took place;
      3. When the incident took place;
      4. The incident's description, including whether the injured has indicated to the harasser that his behavior bothers her;
   2. The complainant, or the person lodging the complaint on their behalf, shall be asked to sign the commissioner's record so as to confirm its contents;
   3. The commissioner shall give the complainant a copy of the signed record.

The inquiry into the complaint:

1. After a complaint has been received, the commissioners shall proceed as follows –
   1. Inform the complainant of the ways to handle sexual harassment or persecution by law (as stated in clause 11 above);
   2. Take action to inquire into the complaint and to do so they shall, among other measures, listen to the complainant, the defendant, and the witnesses, if they exist, and check every piece of information they receive regarding the complaint.
2. The commissioners shall not handle the complaint's inquiry if they have a personal connection to the complaint's subject or to those involved in it.
3. A commissioner that has a personal connection as stated above shall pass on the inquiry to another commissioner or to someone appointed by the Institute as their replacement, and in the absence of one of these – to the Institute's management; if the commissioner has passed on the handling to the Institute's management, the Institute's management shall act as the sexual harassment prevention commissioners would have in the complaint's inquiry, according to this clause.
4. The complaint's inquiry shall be conducted efficiently and without delay.
5. The complaint's inquiry shall be conducted while protecting to the fullest extent the privacy of the complainant, the defendant, and other witnesses, and, among other actions –
   1. The commissioners shall not reveal information they received during the complaint's inquiry unless they must do so for the inquiry itself or by law;
   2. The commissioners shall not ask questions about the sexual past of the complainant that are not related to the defendant, and they shall not take into consideration information about the sexual past of the complainant as stated above; this paragraph does not apply if the commissioners believe that if those questions will not be asked or taken into consideration as stated above, irreparable wrong will be done to the defendant;
   3. The commissioners shall instruct all those involved in the complaint's inquiry to protect the dignity and privacy of all parties and to not reveal any information they received during the complaint's inquiry, unless it is required by law.
6. During the complaint's inquiry, the Institute shall protect the complainant from work-related harm resulting from their lodging of the complaint or from other harm within workplace relations that might disrupt the complaint's inquiry; among other measures, the Institute shall take action to distance the defendant from the complainant as much as possible, as the Institute sees fit under the circumstances.
7. At the end of the complaint's inquiry, the commissioners shall submit to the Institute's president and CEO, without delay, a written summary of the complaint's inquiry alongside their reasoned recommendations regarding further handling of the complaint, including each of the issues described in clause 16 below.
8. If the defendant is a human resources contractor's employee who is employed, de facto, at the Institute, the commissioners shall also submit their summary to the contractor.
9. If the Institute has learned of a case of sexual harassment or persecution within workplace or studies relations, and a complaint has not been lodged or the complainant has retracted their complaint, the case shall be passed on to the Institute's sexual harassment prevention commissioners for inquiry; in this case, the Institute instructs all those appointed on its behalf to pass on every piece of information about sexual harassment that has come to their attention to the sexual harassment prevention commissioners; if such a case has, as stated, been passed on to the commissioners for inquiry or come to the commissioners' attention, the commissioners shall inquire, as much as possible, into the incident in accordance with all the instructions in this clause, with the required changes, and if the complainant has retracted the complaint, they shall also inquire into the reason for the retraction of the complaint.

The Institute's handling of a sexual harassment or persecution case

1. After the Institute's president and CEO have received the commissioners' summary and recommendations in accordance with clause 15.7 above, the CEO shall decide, without delay and no later than 7 work days later, how they shall utilize their prerogatives regarding each of the following:
   1. Instructing the employees involved in the incident, including in regard to the proper rules of conduct in workplace relations; distancing the defendant from the complainant; as well as taking steps regarding work-related issues, all to prevent the recurrence of the sexual harassment or persecution, or to repair the harm to the complainant that resulted from the harassment or persecution;
   2. Initiating disciplinary proceedings in accordance with the disciplinary regulations that apply to sexual harassment or persecution matters at the Institute;
   3. Not taking any singular step.
2. The Institute's CEO shall act without delay to implement their decision according to clause 16.1 above and shall send a reasoned message in writing about their decision to the complainant, the defendant, and the commissioners; in addition, the CEO shall permit the complainant and the defendant to look at the commissioners' summary and recommendations.
3. The Institute's CEO shall be permitted to change their decision due to changes in circumstances, in accordance with clause 16.1 above, or delay its implementation, and they shall send a reasoned message in writing about this to the complainant, the defendant, and the commissioners.
4. Despite what has been stated in this clause, the Institute's CEO is permitted to reject their decision, delay its implementation, or change it due to disciplinary or legal proceedings pertaining to the decision's case; if the CEO has done so, they shall –
   1. Send a reasoned message in writing about this to the complainant, the defendant, and the commissioners;
   2. As long as the proceedings stated above have not been concluded, the Institute's CEO shall act in accordance with clause 15.6 above;
   3. At the proceedings' conclusion, the Institute's CEO shall make a decision in accordance with clause 16.1 above.
5. If the defendant is a human resources contractor's employee who is employed, de facto, at the Institute, the Institute and contractor are permitted to decide who, between the two of them, shall carry out this clause's instructions, in part or in full.

Part F: Miscellaneous

A human resources contractor's employee who is employed, de facto, at the Institute

1. According to the Law and the Regulations, in a case in which a human resources contractor's employee is employed, de facto, at the Institute (de facto employer) –
   1. Everything that has been said in these regulations about "employees" also includes the contractor's employees;
   2. Everything that has been said in these regulations about "employers" also includes the Institute;
   
   Thus, the Institute is responsible in the same manner as a regular employer (see clause 7 above) for sexual harassment and persecution perpetrated by a human resources contractor's employee who is employed at its premises.
2. For special instructions, see clauses 13.3, 15.8, and 16.5 in this document.

Part G: Key Disciplinary Instructions at the Institute Regarding Sexual Harassment and Persecution

The disciplinary proceeding:

1. If the Institute's CEO has decided to start a disciplinary proceeding in accordance with the instructions in clause 16.1.2 of these regulations, the proceeding shall be conducted according to the disciplinary regulations that apply to the defendant.
2. In the absence of a disciplinary committee that is suitable for discussing the complaint, the Institute's CEO shall appoint, in 15 days, a special ad hoc committee for discussing the complaint.
3. The disciplinary committee in charge of the sexual harassment or persecution proceeding shall include members representing the sex of the defendant and the injured.
4. The disciplinary committee's discussions during the disciplinary proceeding shall be conducted behind closed doors.
5. No identifying detail that has been uncovered during the disciplinary process, including the verdict, shall be published, unless the disciplinary committee commands otherwise. A student or employee who publishes, or enables such a publication not in accordance with the disciplinary committee's decision, might face a disciplinary hearing.
6. The disciplinary committee, in concert with the competent authorities at the Institute, shall be permitted to command the taking of intermediate steps until the final decision has been made.

The conclusion of the complaint's handling after a disciplinary hearing:

1. The decision of the disciplinary committee that discusses the complaint shall be passed on, in writing, to the sexual harassment prevention commissioners at the Institute within a week, at the latest, of the decision.
2. The sexual harassment prevention commissioners at the Institute shall summarize the complaint, including the proceeding of the inquiry they conducted independently, the disciplinary proceeding, any intermediate steps that have been taken, and the disciplinary committee's decision. The commissioners shall pass on the summary to the Institute's president and CEO alongside copies to the parties involved (the complainant and the defendant).
3. The Institute shall act according to the disciplinary committee's decisions.
4. The sexual harassment prevention commissioners at the Institute shall follow up on the implementation of the disciplinary committee's decisions.

Part H: General Instructions

The appointment of the sexual harassment prevention commissioners

1. The Institute's CEO shall appoint two sexual harassment prevention commissioners for one academic year (see clause 10.2 above). The commissioners can be one of the following:
   1. A full-time (senior or junior) academic or administrative faculty member at the Institute;
   2. A retired academic or administrative faculty member;
   3. A student at the Institute.
2. As much as possible, the president shall appoint at least one woman to the commissioner role.
3. Close to the commissioners' appointment time, each commissioner shall undergo professional training on the subject of sexual harassment prevention totalling no less than 18 hours, dealing with the role's essence, familiarity with the Law, prevention methods, and ways to handle complaints.

The sexual harassment prevention commissioners' roles at the Institute

1. To serve as a consultant on the subject of preventing incidents of sexual harassment at the Institute and on how to handle them.
2. To update the employee and student public regarding the commissioners' activities, including the commissioners' identities, how to contact them, updating relevant contents on the Institute's website, and observing that copies of these regulations are hung up around the Institute, including in English and Arabic.
3. To receive complaints and reports regarding sexual harassment or persecution, inquire into the complaint, and regularly update the Institute's management about the complaints' inquiry proceedings as stated above.
4. To submit an annual report to the Institute's president.
5. To submit an annual report to the Authority for the Advancement of the Status of Women, and to also pass it along to the Council for Higher Education.
6. To help the injured, if necessary, apply for medical, mental, or legal aid.

The annual report to the Institute's president

1. Once a year, the Institute's sexual harassment prevention commissioners shall submit an annual report to the Institute's CEO, which shall include the following:
   1. Handling of complaints during the reporting year – the report shall include the complaint's description, the inquiry's description, the duration of its handling from receiving the complaint to the inquiry's conclusion, and the issuing of the report to the Institute's president and to the parties involved.
   2. The informational activities for employees and students that were conducted by the commissioners during the reporting year.
   3. Confirmation that the HR contractors at the Institute conducted informational activities for their employees at the Institute.
   4. Confirmation that the annual report has been submitted to the Authority for the Advancement of the Status of Women and to the CHE.
2. The commissioners shall keep an organized digital copy of all materials pertaining to the complaint's inquiry (including disciplinary proceeding materials, if such proceedings took place).
3. The commissioners shall keep the reports submitted to the Authority for the Advancement of the Status of Women, the CHE, and the Institute's CEO.

Informational and educational activities:

1. The sexual harassment prevention commissioners at the Institute shall conduct informational activities, including seminars, discussion groups, and the distribution of fact sheets pertaining to the handling of the phenomenon of sexual harassment as well as methods for its preventions.
2. The commissioners shall conduct the informational activities using, among other methods, a digital tutorial. Each student and employee shall be required to complete training once a year.
   1. The Institute shall be permitted to impose sanctions on a student who did not complete their required annual training as stated above, including withholding their access to elective course registration or to their report card.
   2. The Institute shall be permitted to impose sanctions on an employee, whether they are a (senior or junior) academic faculty member or an administrative faculty member, who did not complete the digital tutorial training, including writing a note in their personal record or conducting a disciplinary proceeding.
   3. The commissioners shall contact HR contractors at the Institute once a year and receive a written update from each of them that they gave their employees training.

General instructions:

1. Interfering with the sexual harassment prevention commissioners while they are performing their role in accordance with these regulations, especially during a complaint inquiry, is a disciplinary violation.
2. The sexual harassment prevention commissioners are permitted to avail themselves of professionals, including legal consultation, in order to inquire into the complaint, they have received.
3. The Institute shall respect the privacy of the complainants, the injured, and the defendants as much as possible while paying attention to the law's requirements, and in order to protect other interests that are relevant to the issue such as: the Institute's obligation to investigate cases of sexual harassment and persecution and to take measures against those responsible for them and the need to take preventative measures in order to exterminate the phenomenon of sexual harassment.
4. In case of a contradiction between these regulations' instructions and the instructions of disciplinary regulations that apply to students or employees at the Institute, these regulations will prevail.
5. These regulations are meant to add on to the instructions of the Law and its Regulations, not to take away from them.