Whenever large numbers of people come together, it is the responsibility of every event organiser to ensure a safe, respectful and inclusive environment for all individuals and to affirm that every person is entitled to be treated with dignity and respect. This principle can be summarised under the broad term Welfare.
The Code of Conduct of ELSA reflects the core values of the association, especially supporting ELSA's commitment to pursuing its vision. Therefore, it provides practical guidance to ELSA members and all other individuals participating in ELSA events, serving as a framework for preventing and addressing unacceptable behaviour.
Thus, the Code of Conduct (CoC) not just emphasises the importance of respectful behaviour at all times, but also establishes a common understanding of unacceptable behaviour, irrespective of an individual's cultural or educational background. Furthermore, it sets out the procedures for reporting, addressing, and remedying unacceptable behaviour.
The Code of Conduct applies to all events organised or coordinated by the International Board of ELSA. Its provisions apply to every individual who organises, supports, or participates in such events, irrespective of their role or position within ELSA, including Local, National, and International Officers. In addition, all members of the International Board of ELSA and the ELSA International Team are required to comply with the Code of Conduct at all times.
For the purposes of the Code of Conduct, three categories of individuals are distinguished. Each category is subject to the general application of the Code while attending events organised by the International Board of ELSA and assigns specific rights and obligations to each category.
Welfare Team
The Welfare Team consists of the Director for Welfare and the Assistant(s) for Welfare of ELSA International. Their role is to enforce the Code of Conduct, revise the Code of Conduct in collaboration with the Secretary General of the International Board of ELSA and to educate and be contact persons for National and International Officers on matters related to Officer welfare and the Code of Conduct;
Welfare Officers
Welfare Officers at an event where the Code of Conduct applies are the Director for Welfare and the Assistant(s) for Welfare of ELSA International, as well as the designated Welfare Officer appointed by the Organising Committee.
The Ethical Committee of ELSA
The Ethical Committee of ELSA consists of three members and one substitute who are selected from within the ELSA Network and appointed by the International Board of ELSA. Their role is, at the request of the Director of Welfare, to advise and deliberate on ethical issues relating to this Code of Conduct when a reported incident so requires, and to rule on breaches of the Code of Conduct.
Members of the Welfare Team and the Ethical Committee of ELSA are independent and impartial. They are free from actual or potential conflicts of interest in the performance of their duties. Any conflict of interest is disclosed without undue delay. In the event of such a conflict, the member concerned is excluded from the consideration, investigation, and decision-making of the relevant matter.
Any breaches of the Code of Conduct can be reported to the relevant departments at any time. These includes a report to the dedicated Welfare Officer of the Organising Committee, a report to the Director for Welfare of ELSA International (welfare@elsa.org) or the Assistant(s) for Welfare of ELSA International (assistant.welfare@elsa.org). Alternatively, it is also possible to submit an anonymous report using the anonymous report form. Reports can be made either by the victim or by a witness.
As a result, various measures are initiated which, following the investigation prompted by the report, may lead, on the one side, to resolution through mediation, but on the other side, to more far-reaching measures and sanctions.
Please note that this is only a very brief summary of the welfare mechanism intended to provide a basic overview to start with; you will find more detailed information on the specific procedures below.
In addition to the purpose of the Code of Conduct and the mechanisms set out therein for achieving that purpose, it is likewise important to clarify which forms of behaviour contravene the Code of Conduct. These categories are regulated in Chapter 6 of the Code of Conduct and include:
Bullying: Repeated and unwanted behaviour aimed at, or resulting in, victimising, humiliating, undermining or threatening an individual or group of individuals and/or causing psychological/physical harm; i.e. physical bullying, verbal bullying, social/relational bullying, cyberbullying, work-related bullying.
Harassment: A form of discrimination that includes unwarranted conduct with the purpose or effect of violating a person’s dignity, victimising, humiliating, undermining, threatening them or creating a hostile, degrading, or offensive environment, based on i.e. their age, race, ethnicity, religion, gender, sexual orientation, family status, marital or relationship status, physical or mental disability.
Sexual harassment: May include but is not limited to unwelcome sexual advances, unwelcome physical closeness or touch, asking for sexual favours, pressuring someone into performing sexual acts, unwelcome efforts or pressure to develop a romantic or sexual relationship, unwelcome comments about an individual’s body or sexual activities, threatening to engage in an unwanted sexual act, unwelcome jokes or teasing of a sexual nature.
Violence: Any action that intentionally harms or injures another person, including physical aggression, deliberate coercion of another individual to use inappropriate substances (drugs, alcohol) and sexual violence (rape, sexual assault, sexual activity without consent).
Behaviours not explicitly mentioned: Conduct that is not expressly mentioned may also constitute a violation if it is inconsistent with the purpose and principles of these rules; likewise, behaviour that is prohibited under the criminal law of the country in which an event takes place may also be considered a violation.
At events where the Code of Conduct applies, Welfare Officers are subject to a number of responsibilities designed to ensure that all participants can enjoy the event to the full.
Therefore, the Head of the Organising Committee is responsible for ensuring that all members of the Organising Committee feel safe, supported, and comfortable in carrying out their respective responsibilities. This especially includes to regularly check in with all members of the OC and other individuals involved in the organisation to ensure that no individual is overburdened and that everyone can fully participate in and enjoy the event.
In addition, the OC is required to appoint a dedicated Welfare Officer from among its members present at the event. The appointed Welfare Officer should have sufficient time and availability to fulfil the responsibilities of the role effectively. The role should therefore be assigned to a person whose workload within the OC allows them to provide the necessary support and attention.
After being appointed, the Welfare Officers are responsible for:
Ensuring that all participants are informed about the contents and application of the Code of Conduct.
Ensuring that all participants know how to report potential violations and are aware of the appropriate person or body to whom such reports should be made.
Introducing the Code of Conduct and the designated Welfare Officers to all participants at the beginning of the event.
Taking appropriate steps to prevent violations of the Code of Conduct and to promote the safety and well-being of all individuals.
All participants of events where the Code of Conduct applies need be aware of what constitutes behaviour prohibited by the Code of Conduct and need to behave and act in accordance with the Code of Conduct and the applicable law under all circumstances.
Whilst this is also helpful for participants, it is essential for welfare officers at an event to be fully aware, both before and during the event, of the welfare procedures – particularly in the unpleasant event of a breach of the Code of Conduct. Therefore, we have provided a quick step-by-step guide on how to deal with such situations. For more detailed information on the procedures, please take a look into Chapter 7 - 9 of the Code of Conduct.
A report can be submitted by either the victim or a witness of an incident that constitutes a possible breach of the Code of Conduct. The submission can be made towards the welfare officers in various ways, such as in person, by phone or by email (welfare@elsa.org or assistant.welfare@elsa.org). Additionally, it can also be made anonymously via the anonymous report form.
Once a report has been filed, the first thing you need to do is to make sure that the victim is safe. This covers not only the situation of a personal report, but also situations where a report has been made via a means of remote communication, in which case you must contact the affected person as soon as possible to ensure that they are safe from possible further harm.
If the affected person requires immediate support, priority should be given to providing comfort and reassurance rather than attempting to resolve the situation immediately. Before taking any further action, confirm that the potential affected person is comfortable with proceeding. Their consent should be obtained before asking additional questions or undertaking any further steps.
If a report is submitted by a witness or another third party, the identity of the reporting individual should be kept confidential. The affected person should then be contacted directly and informed of the report.
The investigation should only commence once the affected person has been given the opportunity to access support, where needed. Therefore, you should first of all ask the affected person whether they would like assistance in contacting the relevant national authorities or support services. If they wish to do so, and where appropriate, help them access the available services in the country where the potential violation occurred or where they are currently located. This may include, for example, psychological support services or victim support helplines.
The report should contain as much detail as possible relating to the potential violation. To ensure that the information is accurate and complete, this should be done as soon as possible. This includes, where available, the date, time, and location of the incident, the names of any witnesses or other individuals involved, and the contact details and role of the person submitting the report. Additional relevant information should also be recorded where appropriate.
To be able to schedule an oral meeting with the person as well as the accused person to seek detailed information about the facts, the Director for Welfare of ELSA International must be informed whenever a potential violation is reported. Where the affected person does not consent to the sharing of the report's details, only an anonymised version should be submitted for statistical and monitoring purposes. To facilitate this process, a separate report form for OC Welfare Officers has been specifically made.
Where the reported conduct appears to constitute a less serious violation (i.e. verbal bullying or verbal or written harassment), mediation may be initiated with the consent of the affected person. If the affected person agrees, inform the alleged responsible person that an official complaint has been received and arrange a mediation meeting. Before the mediation, ask the affected person about their preferred outcome and, where appropriate, seek to achieve it through the mediation.
Where the reported conduct appears to constitute a more serious violation (i.e. physical or sexual harassment) and requires review by the Ethical Committee, you should, with the consent of the affected person, contact the Director for Welfare, who will take the necessary further action.
Under the standard procedure, decisions on possible disciplinary measures are taken by the Ethical Committee in accordance with Chapter 9 of the Code of Conduct, taking into account the context of the case. In cases requiring immediate action, an appropriate interim measure may be taken, such as issuing a reprimand or warning, or excluding the individual from the Social Programme.