Monitoring Board Regulation

Article 1. Rationale for Establishing the Monitoring Board
This regulation aims to prevent violations of the association’s purposes and principles, its Charter, General Assembly Decisions, or rules in Position Statements adopted by the General Assembly. It aims to clearly define the steps to be taken and measures to be implemented when violations occur, establish internal notification and investigation mechanisms and responsibilities, protect everyone covered within the scope from violations, all forms of sexual harassment and violence, and guide and encourage them to report violations. Thus, it aims to create a safe working environment within the association.

Article 2. Scope
It covers members, employees, board members, audit committee members, volunteers, interns, consultants, institutions/persons from whom services/products are procured, and all organizations with which cooperation is established. Violations covered by the regulation need not occur only during working hours or at association premises. This regulation also applies in any context related to the association, including conferences, panels, association events, office parties, association trips, and online events.

Article 3. Composition of the Monitoring Board
The Monitoring Board consists of five principal and five alternate members elected by the General Assembly by secret ballot for two years. It is aimed that one person on the Board be from outside the institution. It is aimed that this external person be a relevant expert; someone working in conflict resolution/non-violence or a lawyer specialized in the subject.
In case of resignation or vacancy in principal membership of the Monitoring Board due to other reasons, alternate members must be called to duty according to the number of votes received in the General Assembly. A 2/3 gender quota is applied in the election of principal and alternate members. The Monitoring Board elects a chairperson at its first meeting.

Article 4. Working Method of the Monitoring Board
Board meetings are held upon the chairperson’s call and with the participation of all members.
In the following situations, Monitoring Board members cannot participate in the meeting where the relevant issue is discussed, and sufficient alternate members are called in their place according to the order of vote plurality they received in the General Assembly:
a) Being directly related to the issue being discussed
b) Being an investigator, witness, or complainant in the issue being discussed
c) Having kinship or relationship with the person involved in the issue being discussed
d) Being in horizontal or vertical working relationship with the person involved in the issue being discussed
e) Having economic relationship with the person involved in the issue being discussed

The Monitoring Board is obligated to make decisions about members’ complained behaviors with a perspective that embraces restorative justice understanding in cases of violations described in Article 1. The Monitoring Board embraces restorative justice understanding to the extent that it adopts the following criteria in the investigation process:
(a) Supporting those who have been subjected to violations, enabling them to make their voices heard, encouraging them to express their needs, ensuring their participation in the solution process, and offering them support.
(b) Repairing relationships damaged as a result of violations by reaching consensus on the best response to the violation.
(c) Condemning the behavior that constitutes a violation as unacceptable and reaffirming institutional values.
(d) Encouraging responsibility to be assumed by all relevant parties, especially perpetrators.
(e) Determining restorative, forward-looking consequences.
(f) Reducing the tendency to repeat violating behavior by encouraging perpetrator transformation.
(g) Identifying institutional factors that caused the violation and informing authorities responsible for strategies to reduce violations.

Article 5. Duties of Managers, Executives and Members Regarding the Internal Justice Process
Association managers, executive board members, and all other members are obligated to facilitate the process carried out by the Monitoring Board and assist in compiling documents. The necessary expenses of the Monitoring Board are covered by the association budget.
Additionally, association managers, executive board members, and all other members are responsible for taking the following measures to prevent the recurrence of violations – in accordance with the results of the Monitoring Board’s investigation process:

• Making reorganizations to address organizational deficiencies identified as causing the emergence of violations.

• Disseminating policy documents or informational brochures in common workspaces.

• Obtaining support for improving team communication.

• Encouraging participation of all members, including the Board of Directors, in sexual harassment and violence training.

• Conducting experience-sharing meetings.

• Conducting work to share lessons learned.

• Providing psycho-social support opportunities to those in need.

• Taking measures for stress management and reduction.

Article 6. Application to the Monitoring Board
Persons who believe that the behavior of a BIRARADA Association member requires monitoring first apply directly and in writing to the Monitoring Board for examination of the matter. If necessary, the Monitoring Board may refer the matter to the Ethics Commission for opinion. If the complained person is on the Monitoring Board, the application is made to the Board of Directors.
In cases of violence against women, child abuse, or violence against children, no statute of limitations applies. For other acts, if 1 year has passed since learning of the act and 3 years have passed since the occurrence of the act, the acts cannot be complained about or investigated. Documents that will facilitate the Monitoring Board’s investigation, if any, are attached to complaint applications.

Article 7. Decision to Investigate
Investigation may be initiated against relevant members in case of detection, obtaining information, or receiving applications regarding the following attitudes, behaviors, and situations:

1. Working or engaging in actions contrary to the association’s charter and purposes or engaging in obstructive activities; causing harm to the association; not fulfilling membership obligations

2. Engaging in behaviors that do not comply with scientific-academic criteria and principles of scientific ethics in education, scientific research, and publication processes

3. Acting contrary to association position statements

4. Continuously avoiding duties proposed by association bodies

5. Not complying with decisions made by association bodies

6. Engaging in actions incompatible with association membership that damage professional honor and dignity and are contrary to human dignity and rights

7. Using the power provided by administrative authority or academic title to violate any rights, especially personal rights

8. Applying all kinds of physical and psychological pressure; participating in intimidation and threatening activities that fall under the definition of mobbing

9. Engaging in physical, psychological, or sexual harassment

The existence of administrative or judicial investigation on the subject does not constitute an obstacle or justification for conducting an investigation within the association.

Article 8. Procedures to be Performed During the Investigation Process
From the time of proper application to the Monitoring Board, or when violations written in Article 7 are detected, the Board is called to meeting by one of the board members within 10 days at the latest. The Board meets with all principal members and makes decisions with a simple majority of meeting participants.

The Monitoring Board decides which of the following paths to follow at this meeting:
a) If the parties give free consent, a reconciliation process is initiated. “Victim-perpetrator mediation” is among the most common “restorative justice” programs and refers to the process of bringing together the victim and perpetrator of the crime in a safe and supervised environment with the help of a trained mediator (reconciler). In this case, the Monitoring Board withdraws from the process, but the parties reserve their right to apply to the Monitoring Board again at any stage of the process. The Board’s duty is never mediation.
b) The Monitoring Board conducts the investigation process itself.
c) When the Monitoring Board deems necessary, it appoints sufficient investigators from among Board members. In appointing investigators, the matters listed as reasons for Board members not participating in meetings are also considered. A member appointed as investigator may refuse to accept the duty if they have justified reasons. In this case, the appointment process is repeated until sufficient numbers are achieved.

The investigator(s) meet separately with the parties regarding the notification, with witnesses, and when necessary with experts. Pre-structured forms may be used for interviews, and interviews may be recorded. Interviews begin primarily with the declarant. In addition to statements, the person’s expectations for support/repair are also learned. Then the other party’s own statement regarding the allegations is heard.

At least 10 days are given for written statement requests. This period begins with the notification of investigation documents to the person. Those who do not respond to the Monitoring Board’s written statement request within the deadline without justification are considered to have waived this right, and decisions are made about them based on available data and conducted interviews.

While listening to the parties, the investigator(s) try to understand systemic problems, deficiencies, and non-functioning mechanisms that prepare the ground for the problem, rather than just an acquittal-punishment approach. This is primarily seen as necessary to prevent similar violations from recurring.

The perpetrator must be fully informed about the complaints made against them and given the opportunity to respond. Similarly, the person subjected to violation must fully know the perpetrator’s reaction to the accusations directed at them and have the opportunity to respond.

When reality presents a mixed appearance or when the incident cannot be sufficiently clarified, the investigator(s) may consult witnesses or expert opinions. They may request additional measures when necessary. The investigator(s) are obligated to collect all evidence related to the incident. For this reason, they may apply to every person and institution related to the incident, request information and documents, and consult witnesses’ verbal accounts.

Confidentiality of the investigation is essential. Upon application, the board conducting the investigation acts in accordance with the principle of privacy of the complainant party/parties and the complaining person/persons’ private lives at all stages until the examination/investigation is completed. During the examination/investigation process, the confidentiality principle is important in terms of resolving details that would damage the parties’ personality rights without carrying them to their social environment and not negatively affecting their professional, academic, and social relationships.

Investigations related to sexual harassment and sexual violence are conducted in a way that avoids procedures and interviews that could lead to re-victimization of the applicant. Necessary measures in this regard are taken by the Monitoring Board. Mediation cannot be used in any way between parties before and after investigation processes related to sexual harassment and sexual violence.

The Monitoring Board completes its report containing recommendations and action plans regarding the investigation file submitted to it within 2 months at the latest, and may request additional time when necessary. The Board prepares its report based on the file or, when deemed necessary, based on interviews conducted with relevant parties. The Board makes decisions in its report by majority vote in meetings attended by at least three members. All decisions made by the Board clearly include justifications. In the report, all information, documents, and statements for and against the accusation are discussed, and recommended actions are specified in the conclusion section. The Monitoring Board submits the report containing recommendations and action plans, together with justifications, to the Board of Directors. Notification of the decision to relevant parties and implementation of actions, if any, is the responsibility of the Board of Directors.

The opportunity to review the Board’s decisions is explained to all parties, and parties may object to the decision within 10 days at the latest. Persons may object to the process and outcome within the following framework:

• Nature and adequacy of measures

• Insufficient application of principles

• Request for different expert opinion

• Replacement of board members determined to have violated principles of impartiality, confidentiality, and non-harm

Article 9. Restorative and Punitive Action
Although this regulation includes punishments as violation-preventive actions when necessary regarding the violations it addresses, it adopts an approach that aims to see the repair of personal damages and institutional responsibility and deficiencies in violations. Therefore, the Monitoring Board aims for the recovery of the person subjected to violation and the transformation of the environment that allowed the violation by proposing restorative actions in its report.

The autonomy of the person subjected to violation is a priority for restorative action. For this, the person’s values and needs are prioritized and respected. The Board is responsible for providing a safe space where the person can express themselves. Restorative action consists of the damaged person’s participation in the process and actions defined by their requests for repair.

Actions such as position suspension implemented as measures in cases where violation is proven at the end of the process are made permanent or temporarily permanent. After completing the investigation, the Board may decide on the following actions (more than one action decision may be taken depending on the situation):

• Apology (if the person who caused victimization accepts the action and responsibility they committed and this acceptance occurs voluntarily)

• Self-criticism (if the person who caused victimization accepts the action and responsibility they committed and this acceptance occurs voluntarily)

• Public self-criticism with acceptance of mistake, fault, deficiency (if the person who caused victimization accepts the action and responsibility they committed and this acceptance occurs voluntarily)

• Changing conditions that allowed the violation

• Making transformative improvements in association operational rules to prevent violations

• Supporting team solidarity

• Psycho-social support

• Improving working conditions

• Providing assurance and taking measures that it will not happen again

• Having the perpetrator take necessary training and monitoring their behavior for a certain period

• Warning or reprimand if the perpetrator does not accept responsibility/cannot remedy the damage (written notification that the member needs to be in more careful attitudes and behaviors)

• Temporary or permanent removal from membership and/or communication channels if the perpetrator does not accept responsibility/cannot remedy the damage and/or violating behaviors continue (whether temporary or permanent is decided according to the extent of violation, temporary period cannot exceed 3 months)

• Temporary or permanent termination of employment contract if the perpetrator does not accept responsibility/cannot remedy the damage and/or violating behaviors continue and the perpetrator is an official employee of the organization (whether temporary or permanent is decided according to the extent of violation, temporary period cannot exceed 3 months)

The association has the right to inform persons and institutions it is in contact with regarding its decision.

Monitoring the Restorative and Transformative Process
The transformation of the harmful person and institution is monitored by the Monitoring Board for the period determined in the report. The Board’s process observations are consulted for lifting temporary sanctions.

Article 10.
The Board of Directors cannot change the decision made by the Monitoring Board. Punishments given by the Monitoring Board are written in the decision book. Decisions written in the decision book are notified to the complained and complainant within 10 days at the latest, together with justifications.
In cases where the Board of Directors disagrees with the Monitoring Board decision, a new examination and evaluation may be requested from the Monitoring Board within one month. In this case, the second decision to be made by the Monitoring Board is final. After the decision reaches the Board of Directors, it is notified to relevant parties in writing within 10 days.

The finalized decision may be objected to by the relevant parties or the Board of Directors at the first General Assembly to be held; the General Assembly decision is final and cannot be objected to again. If the Monitoring Board has given a member the penalty of removal from membership, when the person applies to become a member again, the decision authority belongs entirely to the next General Assembly.

Article 11. Basic Principles to be Followed During Application and Investigation

• Takes Statement as Basis: The statement of sexual harassment and violence by the reporter is taken as basis, and the process is immediately initiated based on the statement without seeking evidence. No hierarchy is observed between statements.

• Protects Confidentiality: The privacy and confidentiality of the parties and relevant persons are protected at all stages of the process. Persons involved in the notification and investigation process are obligated to protect confidentiality and handle the process with respect for the reputation of all persons related to the matter.

• Adopts Impartial and Fair Approach: People are approached equally, fairly, and impartially. The process is conducted considering the personality rights of the parties. Focusing on behaviors and actions, not people, considering that everyone can be a perpetrator or victim of sexual violence. The Board listens to the parties with the aim of understanding them independently of prejudices and assumptions.

• Is Encouraging and Supportive: Throughout the process, necessary attention and care are shown to avoid any behavior that could lead to re-victimization, discouragement, and loss of motivation of the applicant and that could damage the human dignity and sense of trust of the parties, and to prevent such behaviors from emerging. It acts to operate mechanisms that empower those subjected to violence and support their post-violence recovery and autonomy.

• Considers Inclusivity: The Board’s approach to the problem is inclusive and intersectional. In addition to gender, gender identity, and sexual orientation, it also considers possible power relations between parties (ethnicity, social gender, position, status, and similar).

• Timely Intervention: The Board responds to notifications quickly, reasonably, and within established timelines. Relevant parties are informed about how long it will take to respond to notifications, and parties are informed of recorded progress to ensure that the report is not forgotten or ignored.

• Do No Harm: While working, the Board takes protective measures in terms of psycho-social situations and reputations of all parties, especially the declarant. It does not declare parties right or wrong until the process is completed. Triggering, judgmental, and accusatory words, behaviors, attitudes, and implications that would increase victimization are avoided in the process.

• Independence: The Board’s work is determined by principles. It has no ties other than the principles and responsibilities mentioned in this document.

• Presumption of Innocence: Monitoring Board members investigating violations must respect the presumption of innocence throughout the investigation.

Article 12. Entry into Force of the Policy Document
This policy document enters into force after being approved by the Board of Directors and at the Assembly meeting and after temporary members of the Monitoring Board are elected at this Assembly meeting, and is disseminated through association communication tools. It is submitted for approval to the General Assembly at the first General Assembly meeting, necessary changes are made, and Monitoring Board members who will serve for 2 years are elected. For experience transfer and institutional memory formation in Board work, it is recommended that two persons each from principal and alternate members serve in the next term.
This regulation is a living document and may be reviewed before each General Assembly and resubmitted for General Assembly approval.
The investigations conducted by the Monitoring Board and decisions taken do not prevent the parties from seeking legal remedies or finding solutions through courts.

References

• BAK Germany Disciplinary Board Regulation

• CISST Workplace Psychological Harassment (Mobbing) Prevention Policy

• S.S. Genç İşi Scientific Research and Development Education Cooperative Ethics Rules and Working Principles Regulation

• Workplace Sexual Harassment and Violence Prevention Policy Document