Sexual Harassment Policy

Introduction

FitSpot is committed to providing a safe and inclusive environment for all employees, personal trainers, members, visitors, and contractors, free from discrimination of any kind and from any form of harassment. We have a zero-tolerance policy towards sexual harassment in any form. Any behaviour constituting sexual harassment is strictly prohibited and will not be tolerated under any circumstances.

As part of this commitment, we have established a Sexual Harassment Policy to ensure that everyone associated with FitSpot is treated with respect and dignity. All complaints of sexual harassment will be taken seriously, treated with respect, and handled in confidence. No one will be victimised for making such a complaint.

Scope

This policy applies to all individuals using FitSpot gym facilities, including but not limited to employees, personal trainers, members, visitors, and contractors.

The policy outlines FitSpot’s comprehensive definition of harassment and the procedures for addressing allegations or experiences of such incidents within our gym. It details the steps taken to ensure a safe and respectful environment for everyone, providing clear guidance on reporting, investigating, and resolving harassment complaints.

Definition of Sexual Harassment

Sexual harassment is governed by the Sexual Offences Act and the Employment Act. Section 6 of the Employment Act defines sexual harassment as an instance where an employer, a representative of the employer, or a co-worker:

  1. Directly or indirectly requests sexual intercourse, sexual contact, or any other form of sexual activity, accompanied by:
    • An implied or express promise of preferential treatment;
    • A threat of detrimental treatment; or
    • A threat regarding present or future status;
  2. Uses language, whether written or spoken, of a sexual nature;
  3. Displays visual material of a sexual nature; or
  4. Exhibits physical behaviour of a sexual nature that subjects an individual to unwelcome or offensive behaviour, adversely affecting their role, performance, or satisfaction.

Sexual harassment encompasses any unwanted and inappropriate conduct of a sexual nature. Its unwanted aspect distinguishes it from behaviour that is welcome and mutual. A single incident can constitute sexual harassment if:

  • The recipient has made it clear that the behaviour is offensive; and/or
  • The perpetrator should reasonably have known that the behaviour is unacceptable.

Elements of Sexual Harassment

  1. The behaviour should be unwelcome, depending on how it was perceived and experienced by the recipient rather than the intention behind it.
  2. It should be of a sexual nature.
  3. It is offensive, humiliating, and/or intimidating.
  4. It may be a one-time or repeated action.

Forms of Sexual Harassment

Physical Sexual Harassment:

This occurs when a victim has been touched in an inappropriate way against their will. Examples include, but are not limited to:

  • Leering at a person or parts of their body in a sexually suggestive manner
  • Touching or fiddling with a person’s clothing, including lifting skirts or shirts, flicking bra straps, or putting hands in a person’s pocket
  • Blocking the victim’s path in an aggressive way
  • Standing very close to the victim in a manner that makes them uncomfortable
  • Non-consensual kissing or attempts to kiss
  • Rubbing one’s genitals on a person
  • Attempted or actual sexual assault
  • Indecent exposure of one’s genitalia
  • Stalking with the intention of sexually harassing the victim
  • Groping
  • Subtle pressure for sexual activity
  • Unwelcome or uninvited physical contact, such as massaging a person without invitation, hugging, pinching, patting, or grabbing in a sexual manner

Verbal Sexual Harassment:

Verbal sexual harassment may be oral or written and may include, but is not limited to:

  • Demeaning references to either gender
  • Comments that are sufficiently offensive to cause discomfort and interfere with work or other activities
  • Disparaging remarks about one’s gender or physical appearance
  • Sex-based insults, taunts, teasing, or name-calling
  • Verbal sexual abuse disguised as humour
  • Making promises or threats in return for sexual favours
  • Requests or demands for sex, or repeated unwanted requests to go on dates after prior refusal
  • Suggestive or sexually demeaning remarks, comments, or jokes
  • Smutty jokes or comments about the victim’s body or clothing
  • Catcalls
  • Comments or questions about the victim’s social or sexual life
  • Intrusive questions or insinuations about an individual’s private life
  • Demands for sexual favours and threats of dismissal if the demands are not met
  • Obscene communication and unwanted sexual innuendos

Non-Verbal Sexual Harassment:

Non-verbal sexual harassment involves behaviours that do not include spoken words or physical contact but still create a hostile or offensive environment. These include:

  • Lewd or suggestive gestures, such as mimicking sexual acts or making obscene hand signs
  • Persistent staring or leering that makes someone uncomfortable
  • Posting or showing sexually explicit images, cartoons, or posters in the workplace
  • Having or using objects that are sexually suggestive
  • Standing too close or deliberately invading someone’s personal space in a way that feels threatening or uncomfortable

Legal Framework on Sexual Harassment

The legal foundation for this policy is based on the following laws:

The Constitution of Kenya:

The Constitution of Kenya guarantees the rights and freedoms of every person, including the right to human dignity under Article 28 and the right to freedom and security of the person under Article 29.

The Sexual Offences Act No. 3 of 2006:

This Act outlines various sexual offences and the penalties for those found guilty under the Act. Sexual offences under the Act include:

  • Sexual harassment, which carries a penalty of imprisonment for a term of not less than three years, or a fine of not less than one hundred thousand shillings, or both.
  • Sexual offences relating to positions of authority and persons in positions of trust, which carry a penalty of imprisonment for a term of not less than 10 years.
  • Rape, attempted rape, sexual assault, gang rape, etc.

The Employment Act:

Section 6 of the Employment Act prohibits sexual harassment in the workplace and outlines the steps required to protect workers from such harassment.

Reporting Channels and Procedures

If any employee, personal trainer, member, or visitor of the FitSpot community experiences or witnesses sexual harassment, they are strongly encouraged to report the incident promptly without fear of retaliation. Reports can be made to the gym management team via phone on 0726-518-746 or by email at [email protected]. Confidentiality will be maintained to the fullest extent possible.

To report an incident, please complete a sexual harassment complaint form, available on www.fitspotgym.com, or at our Front Desk. The completed form can be:

  • Emailed to the provided address
  • Dropped into one of our gym’s suggestion boxes
  • Submitted directly to the management

Investigations

When a report of a violation of this Policy is made, the gym’s management team will conduct an investigation into the matter. Involved parties will be notified in writing about the investigation and their rights in the process.

During the investigation, the management will request a statement from the victim regarding the incident. The concerned individual may be suspended from the gym while the investigation is underway. All written or other evidence (texts, emails, social media posts, etc.) will be examined. If there is sufficient evidence to support the allegations, a decision will be made on whether to initiate disciplinary action (for employees, trainers, or FitSpot gym representatives), terminate membership (for members), or, if there is insufficient evidence to support the allegations, to discontinue the proceedings.

Disciplinary Hearing

Any individual found to have a case to answer will be invited in writing to a disciplinary hearing, where the management team will outline the issue and review the evidence gathered during the investigation, including any evidence presented by witnesses appearing in person. The individual will be given the opportunity to present their case and respond to the allegations made against them. They will also have a reasonable chance to ask questions, present evidence, call relevant witnesses, and raise points regarding any information provided by witnesses.

Sanctions

If the disciplinary team determines that there has been a violation of this Policy, they may impose sanctions as described below:

  • A written warning for a first offence
  • Summary dismissal for gross misconduct
  • An immediate ban of the member or client from all FitSpot Gym locations
  • Referring the incident to the police, with the victim’s consent

Please Note:

Victims of sexual violence and assault have the right to report directly to the police. This right cannot be restricted and remains at the victim’s discretion.

Training and Support

Training on this policy and the available reporting mechanisms will be provided to every employee and trainer at FitSpot Gym, with records of such training maintained. A copy of this policy will be kept in our offices for review by any member and displayed on the gym’s website (www.fitspotgym.com). If you have any questions regarding this policy or the process, please contact us at [email protected].

Review of this Policy

The management may update this policy as necessary.

Report Harassment back