3. Definitions and Responsibilities: Consent and Sexual Harassment

3.1. Consent

The explicit or implicit expression made by a person that they are willing to have something done to them by one or more other persons, or that they are willing to perform an act at the request or order of one or more other persons. It is the responsibility of each ZEST Participant to understand, ask for, and choose whether to give or withhold consent.

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3.2. Consent Violation

1. An incident during which:

   1. a person is acted upon (or is coerced to perform an act) by another or by others in a manner not consented to in advance; or

   2. a person is acted upon (or is coerced to perform an act) by another or by others after a withdrawal of consent has been made.

2. A consent violation may occur accidentally or intentionally, with or without malice, and may or may not have injurious consequences.

3. A consent violation may be physical, emotional, mental, or social in nature.

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3.3. Consent Responsibilities of ZEST Participants

1. Personal Space: No touching of people or personal property without permission.

2. Equality: Treat everyone as an equal by default. Everyone has a responsibility to obtain, provide, or withhold consent regardless of sex, gender, race, ethnicity, ability, age, orientation, relationship status, sexual power dynamics, or any other identity.

3. Scope Negotiation: Negotiate the scope of your activities (e.g. intimacy and combat scenes in productions). Ensure that all parties involved have given consent to the proposed acts.

4. Withdrawal: Anyone can withdraw consent at any time during any activity. All ZEST Participants are responsible for stopping an activity immediately upon the withdrawal of consent from any involved person.

5. Mid-Activity Changes: Unless previously agreed upon, do not renegotiate in the middle of an activity.

6. Personal Boundaries and Non-Contact Directives: Every ZEST Participant has the absolute right to set personal interpersonal boundaries and explicitly request that another participant refrain from contacting, approaching, or engaging with them (verbally, physically, or digitally). Once a clear non-contact or boundary request has been communicated (or issued formally by a Designated Member), the recipient must abide by it immediately. Failure or refusal to respect a direct request for non-engagement constitutes a consent violation and a breach of this policy, irrespective of whether the underlying conflict originated from a formal complaint.

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3.4. Sexual Harassment

1. Sexual harassment is a form of consent violation and includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, or transgender status (referred to hereafter as sex).

2. Harassment need not be severe or pervasive to violate consent and can include any harassing conduct that consists of more than petty slights or trivial inconveniences. Sexual harassment includes unwelcome conduct that is either of a sexual nature or directed at an individual because of that individual’s sex when:

   1. such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment, even if the reporting individual is not the intended target; or

   2. such conduct is made, explicitly or implicitly, a term or condition of casting or other appointments to positions of privilege within ZEST.

3. A sexually harassing environment includes words, signs, jokes, pranks, intimidation, or physical violence of a sexual nature, or directed at an individual because of their sex. Sexual harassment also consists of unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks that cause the recipient discomfort or humiliation.

4. Sexual harassment also occurs when a person in authority tries to trade benefits for sexual favours. This can include casting (in productions or Monday Night Readings), appointments to positions of responsibility (e.g. Assistant Director, Director, Stage Manager, etc.), or any other privileges. This is also referred to as quid pro quo harassment.

5. Any ZEST Participant who feels harassed should report it so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.

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3.5. Examples of Sexual Harassment

The following list outlines types of behaviour that may be classed as sexual harassment and are strictly prohibited:

 

1. Physical acts of a sexual nature, such as:

   1. touching, pinching, patting, kissing, hugging, grabbing, brushing against, or poking another ZEST Participant’s body;

   2. sexual assault, molestation, or attempts to commit these acts.

2. Unwanted sexual advances or propositions, such as:

   1. requests for sexual favours accompanied by implied or overt threats concerning the target’s position within the club on or off stage, or other benefits or detriments;

   2. subtle or obvious pressure for unwelcome sexual activities.

3. Sexually oriented gestures, noises, remarks, or jokes, or comments about a person’s sexuality or sexual experience that create a hostile environment.

4. Sex stereotyping, where conduct or personality traits are considered inappropriate simply because they do not conform to perceived ideas about how individuals of a particular sex should act or look.

5. Sexual or discriminatory displays or publications, such as:

   1. displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other items that are sexually demeaning or explicit. This includes sharing sexual displays on electronic devices used in conjunction with ZEST events or digital channels.

6. Hostile actions taken against an individual because of their sex, sexual orientation, gender identity, or transgender status, such as:

   1. interfering with, destroying, or damaging a person’s possessions, or interfering with their ability to participate in ZEST events;

   2. bullying, shouting, or name-calling.

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4. Retaliation

Retaliation includes any action that could discourage a ZEST Participant from making or supporting a consent violation claim. Adverse action does not need to be ZEST-related or occur at a ZEST event to constitute retaliation (e.g. threats of physical violence outside ZEST events). Any individual who has engaged in protected activity is protected against retaliation.

 

Protected activity occurs when a person has:

1. reported or claimed that a consent violation has occurred;

2. opposed a consent violation by making a verbal or informal complaint, or by informing one of the Designated ZEST Members of harassment;

3. reported that another ZEST Participant has had their consent violated; or

4. encouraged a fellow ZEST Participant to report a consent violation.

 

Even if the alleged consent violation is ultimately not substantiated, the individual is protected from retaliation if they held a good-faith belief that the practices were improper or unlawful. However, the retaliation provision is not intended to protect individuals who intentionally make false charges.

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5. Reporting Consent Violations

Preventing consent violations is everyone’s responsibility. ZEST cannot address or remediate consent violations unless aware of them. Any ZEST Participant who has been subjected to behaviour that may constitute a consent violation is encouraged to report it to a Designated ZEST Member. Anyone who witnesses or becomes aware of potential instances of consent violations should likewise report them.

 

Reports of sexual harassment may be made verbally or in writing. A form for submitting a written complaint is attached to this Policy, and all ZEST Participants are encouraged to use it. ZEST Participants reporting consent violations on behalf of others should use the complaint form and state that it is submitted on another participant’s behalf. Consent should be obtained where possible, unless the person completing the form believes the affected ZEST Participant has been intimidated into not filing a report.

 

ZEST Participants who believe they have been targeted may also seek assistance through external legal mechanisms, as outlined in Section 8 (Legal Protections and External Remedies).

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6. Supervisory Responsibilities

All directors, assistant directors, committee members, team leads, or persons in other supervisory roles who receive a complaint, observe what may be a consent violation, or suspect a consent violation is occurring are required to report it to a Designated ZEST Member.

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In addition to facing disciplinary action if they engage in consent-violating conduct themselves, individuals in supervisory roles will be subject to discipline for failing to report suspected violations or knowingly allowing consent violations to continue. Supervisory personnel will also face disciplinary action for engaging in retaliation.

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7. Complaint and Investigation Procedures

All complaints or information regarding consent violations will be investigated, whether submitted verbally or in writing. Investigations will be conducted promptly and kept confidential to the maximum extent possible.

 

An investigation into any complaint or suspected consent violation will commence immediately and be completed as soon as practical. All parties involved, including complainants, witnesses, and alleged violators, will be accorded due process to ensure a fair and impartial outcome.

 

Any ZEST Participant may be required to cooperate in an investigation. ZEST will not tolerate retaliation against anyone who files a complaint, supports another’s complaint, or participates in an investigation.

While exact steps may vary by case, investigations should follow this structure:

 

7.1. Initial Review & Interim Safety Measures

Upon receiving a complaint, a Designated ZEST Member will conduct an immediate review.

1. Interim Measures: To safeguard all parties involved, the Designated ZEST Member may put neutral, non-disciplinary interim risk-management measures in place immediately (e.g. issuing a formal interim non-contact directive, adjusting rehearsal call sheets, or temporarily asking a participant to refrain from attending specific events pending the investigation). Interim measures do not imply guilt or pre-determine the investigation outcome.

2. Verbal Complaints: If a complaint is verbal, the member will encourage the individual to complete the written Complaint Form or assist them in doing so.

3. Historical Reports: Any Complaint Form submitted more than one year after the incident occurred will be logged for informational purposes only. No immediate action recommendations are required for logged historical reports, and the member will inform the complainant accordingly. However, if a Designated ZEST Member considers the violation sufficiently serious, or if multiple reports exist regarding the same individual, they may request further deliberation or make recommendations to the Review Committee.

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7.2. Evidence Gathering

If documents, emails, digital messages, or electronic records are relevant, steps will be taken to obtain and preserve them.

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7.3. Interviews

Interview all parties involved, including relevant witnesses.

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7.4. Decision & Resolution

1. Summary Preparation: Draft an anonymised summary of the findings for the Review Committee, using descriptors such as “Reporting Party”, “Alleged Offender”, “Interviewer”, and “Witness 1”. The summary must include:

   1. date, event name, location, and time of the incident;

   2. account of events from the Reporting Party’s perspective;

   3. account of events from the Alleged Offender’s perspective (if available);

   4. summary of witness statements, impressions, and previous reports, if applicable.

2. Recommendations: Formulate recommendations for the Review Committee. Actions may include:

   1. filing the report with no further action;

   2. offering additional support or resources to either party;

   3. offering voluntary mediation to address misunderstandings or emotional distress;

   4. issuing a verbal or written warning to the Alleged Offender;

   5. issuing a temporary or conditional ban from ZEST events;

   6. issuing a permanent ban from all ZEST events;

   7. taking other measures as warranted.

3. Review Committee Deliberation:

   1. To avoid conflicts of interest, the Review Committee must comprise at least three individuals appointed by the ZEST Committee who have no personal connection to the parties involved.

   2. The Designated ZEST Member will present the anonymised summary and recommendations to the Review Committee.

   3. If no active Review Committee exists, one must be formed immediately.

   4. Within three weeks of the complaint, the Review Committee will determine:

      1. list of actions to be taken;

      2. statement outlining how the policy was violated (if applicable);

      3. statement on preventive or corrective measures for the future.

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7.5. Documentation

Following resolution, complete official documentation recording:

1. reviewed documents and summary of contents;

2. interviewed parties and summary of statements;

3. timeline of events;

4. summary of prior relevant incidents;

5. rationale for the decision and corrective actions taken.

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7.6. Archiving

Store all documentation securely within a confidential Master List of complaints.

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7.7. Notification

Promptly notify both the complainant and the respondent of the final decision and implement corrective measures.

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7.8. External Rights

Inform the complainant of their right to pursue external legal remedies.

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7.9. Appeals Process

1. Either the complainant or the respondent may appeal the decision of the Review Committee within 14 calendar days of being notified of the outcome.

2. An appeal must be submitted in writing to the ZEST Committee and may only be made on the following grounds:

   1. procedural irregularity or unfairness that materially affected the outcome;

   2. demonstrable conflict of interest or bias on the part of an investigator or committee member; or

   3. substantial new evidence that was not reasonably available during the original investigation.

3. Upon receiving an appeal, the ZEST Committee will appoint an independent Appeals Panel (comprising three un-conflicted committee or senior club members who had no prior involvement in the initial investigation or review).

4. The Appeals Panel will review the appeal within 14 calendar days and may uphold, modify, or overturn the original decision. The decision of the Appeals Panel is final within ZEST.

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8. Legal Protections and External Remedies

Consent violations, including sexual harassment, are prohibited by ZEST policy and by law. Independent of ZEST’s internal procedures, participants may pursue legal remedies through relevant statutory authorities or seek legal counsel.

 

If harassment involves unwanted physical contact, non-consensual confinement, or sexual assault, the conduct may constitute a criminal offence. In such cases, victims are strongly encouraged to contact local law enforcement authorities.

 

This procedure is a living document and will be reviewed and updated periodically.

Last update 01.10.2026