Swasti Yoga Center reviews all Grievances for compliance with our standards, requirements, Code of Conduct, and other policies.
Appeal: either Party’s right to contest the Decision, but only on the following bases: (a) significant procedural lapses, or (b) the appearance of substantive new evidence not available at the time of the original Decision. Complainant: a person who reports a Grievance. Decision: any disciplinary action, sanction(s), or lack thereof determined to be appropriate and necessary by Swasti Yoga Center based on a preponderance of evidence gathered during the Investigation. Grievance: any allegation of a violation of standards, requirements, Code of Conduct, Anti-Harassment/Sexual Misconduct, and other policies. Investigation: the fact-finding process that seeks whether there is sufficient, timely information to determine whether there has been a Policy violation. Member: a teacher or professional yoga educator (Teacher, Trainer, mentor, or other), including but not limited to: group and private yoga instruction; yoga instruction in ashrams, yoga schools and yoga teacher trainings, studios, gymnasiums, fitness clubs, other schools and universities, medical facilities, group homes, prisons, public spaces, festivals, retreats; and all online spaces, including social media, when acting on behalf of Swasti Yoga Center. Notice of Decision: the written communication from Swasti Yoga Center that notifies the Respondent of the findings of the Investigation and Swasti Yoga Center’s Decision, including any disciplinary action. Notification of Investigation: the written Notification to the Respondent informing them of the initiation of an Investigation. Party: the Complainant or Respondent; collectively, may be referred to as the Parties. Preliminary Review: Swasti Yoga Center Human Resources Department’s initial review following receipt of a Grievance to determine whether to initiate an Investigation. Prospective Member: a person who has an application pending for employment/engagement with or a potential student of Swasti Yoga Center. Respondent: a person who is alleged to have engaged in misconduct and who is responding to a Grievance. Witness: a person whom the Complainant or Respondent identifies as having relevant information about the alleged violation or lack of violation.
II. Application of this Policy
This Policy applies to Members and prospective Members and regardless of whether the Complainant is a Member. Any Grievance must be reported to Swasti Yoga Center within one year of its occurrence, unless Swasti Yoga Center determines that an extension is warranted.
III. Reporting a Grievance
To report a violation of the Policy, please submit the following information to HR.email@example.com or hand deliver a hard copy Complaint with this information to Swasti Yoga Center Chinchwad branch: ? Your full name; ? Your email and phone number, including any international extensions; ? Full name of the Respondent; ? A description of the conduct alleged to have violated the Policy; ? The date(s) and location(s) of the alleged misconduct; ? Names and contact information of Witnesses ? If necessary, a request for an exception to the one-year time limit for reporting a Grievance; and, ? A copy of any documentary evidence, and if applicable, a description of any tangible evidence available to support the grievance. Swasti Yoga Center may request additional information from you during the course of review or Investigation of any Grievance. To ensure a fair process to all those involved, Swasti Yoga Center will not investigate anonymous reports.
IV. Preliminary Review
Swasti Yoga Center Human Resources Department will review reported Grievances to determine whether: (a) the Policy applies to the subject of the complaint, (b) the Grievance is timely, and (c) the alleged conduct is covered by the Policy. If the complaint does not include all the information outlined in Swasti Yoga Center Grievance Policy, Swasti Yoga Center Human Resources Department may be unable to proceed with an Investigation.
V. Activating an Investigation
There are two ways to activate an Investigation: 1. After Preliminary Review of a Grievance, Swasti Yoga Center Human Resources Department determines that there is sufficient information to proceed with an Investigation. 2. Swasti Yoga Center chooses to initiate an Investigation on its own behalf. Once an Investigation is activated, Swasti Yoga Center will provide the Respondent a written Notice of Investigation via electronic mail. In the event that a Respondent does not have an email address on file with Swasti Yoga Center, Swasti Yoga Center Human Resources Department will call the Respondent to notify them of the Investigation.
VI. Activity/Employment Suspension
Swasti Yoga Center reserves the right to suspend any Member activity and/or employment pending any of the following: ? A Swasti Yoga Center investigation; ? Law enforcement investigation; or ? Criminal or civil legal proceedings. Swasti Yoga Center may choose to await the final outcome of a law enforcement investigation and/or criminal/civil legal proceedings prior to conducting or continuing an internal Investigation.
Swasti Yoga Center understands that an Investigation-whether as a Complainant, Respondent, or Witness-can be difficult. We strive to balance the desire for confidentiality with the need to conduct a thorough and fair Investigation. Information you provide to Swasti Yoga Center, including your identity, will remain confidential to the extent practical. However, we may disclose such information to the extent reasonably necessary in order for a meaningful Investigation to be conducted and to allow the Respondent to respond to the allegations. This may include disclosing information to an investigator and/or to Respondents and Witnesses. Further, please note that even where Swasti Yoga Center does not disclose your identity, your identity may be known by Respondents and Witnesses simply based on the allegations or facts of the case. Similarly, any action taken or Decision made in response to the Grievance and information regarding the Investigation will remain confidential to the extent practical.
VIII. The Investigation
If an interview is requested of the Complainant or Respondent, they will have 21 days from the date of the request to participate in an interview and/or to provide information in writing. The Complainant and Respondent will have an equal opportunity to be heard, to submit information, and to identify Witnesses who may have relevant information. Swasti Yoga Center Human Resources Department will notify and seek to interview all involved persons separately (e.g., the Complainant, the Respondent, and identified Witnesses) and will gather other evidence and information relevant to the determination as to whether a Policy violation has occurred. Witnesses must have information deemed relevant to the Investigation as determined by Swasti Yoga Center Human Resources Department; they cannot participate solely to speak about an individual character.
IX. Findings and Decision
Swasti Yoga Center Human Resources Department will consider the totality of information gathered in the Investigation to determine, by a preponderance of the evidence (more likely than not), whether the Respondent violated the Policy. In reaching a Decision Swasti Yoga Center Human Resources Department will consider things such as: ? Party participation; ? Detail provided; ? Timeliness of the report; ? Corroborating or conflicting information; ? Plausibility of information provided; ? Relevancy of information; ? Omission of information.
X. Notice of Decision
At the conclusion of the Investigation, Swasti Yoga Center Human Resources Department will notify the Respondent of Swasti Yoga Center Decision, including any disciplinary action. For Grievances involving sexual misconduct only, Swasti Yoga Center Human Resources Department will notify the Parties as to whether there is sufficient information to establish a violation of the Sexual Harassment/Misconduct Policy. In addition, if a Respondent is found to have violated the Policy, they will be notified by the Notice of Decision.
If Swasti Yoga Center determines that a Respondent has violated the Policy, it will take such action as is appropriate under the circumstances. Such action may range from education to suspension of activities/employment with Swasti Yoga Center, including termination.
Either Party has the right to request an Appeal of the Decision. The right to Appeal is limited to: (a) significant procedural lapses, or (b) the appearance of substantive new evidence not available at the time of the original Decision. Appeals shall not be based upon, or granted to, dissatisfaction with a Decision. Note: deliberate omission of information by the Appealing Party in the original Investigation is not grounds for Appeal. Each Party has 21 days following the receipt of the Notice of Decision to request an Appeal. Requests for Appeal along with reasons for the requests, should be emailed to HR.firstname.lastname@example.org. If this is not possible, the Party requesting an Appeal must speak directly with Swasti Yoga Center’s Human Resources Department. Appeals will be granted only in cases where there were procedural problems or new evidence is considered substantive enough to potentially affect the outcome. The Appeal will result in: (a) affirming the findings and Decision, or (b) altering the findings and Decision only where there is clear error based on the stated Appeal grounds. The Appeal decisions are final and will be issued within 21 days to the Party requesting the Appeal. The founder of Swasti Yoga Center, Dr. Vikas Chothe, and/or his designee(s) will review and decide all Appeals.