IJM Standard Terms & Conditions

1. Application. These standard terms & conditions (“Terms”) apply to any Independent Contractor or Vendor who has executed an IJM Engagement Letter with International Justice Mission (“Agreement”), which incorporates by reference a copy of these Terms (including where a copy has been provided by email, website, or is referenced in another IJM agreement).
2. SECTION 2 FOR INDEPENDENT CONTRACTORS ONLY:
   Relationship of the Parties.
   1. Independent Contractor is an independent contractor of IJM, and as such, these Terms and the Agreement will not be construed to create any association, partnership, joint venture, employment, or agency relationship between Independent Contractor and IJM for any purpose. Independent Contractor has no authority (and will not hold itself out as having authority) to bind IJM and will not make any agreements or representations on IJM’s behalf without IJM’s prior written consent.
   2. Without limiting Section 2(a) of these Terms, Independent Contractor is not eligible to participate in any vacation, group medical or life insurance, disability, or retirement benefits, or any other fringe benefits or benefit plans offered by IJM to its employees, and IJM will not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining workers compensation insurance on its behalf. Independent Contractor will be responsible for, and will indemnify IJM against, all such taxes or contributions, including penalties and interest. Any persons employed or engaged by Independent Contractor in connection with the performance of the Services will be Independent Contractor’s employees or contractors and Independent Contractor will be fully responsible for them and indemnify IJM against any claims made by or on behalf of such employee or contractor or by any third party related to the delivery of Independent Contractor’s employees’ or contractors’ services.
   3. This Section 2 of these Terms will survive termination or expiration of these Terms and the Agreement.
3. Intellectual Property Rights
   1. IJM is and will be the sole and exclusive owner of all right, title, and interest throughout the world in and to all the results and proceeds of the Services performed and Deliverables set out under the Agreement, including but not limited to the Services set out in Section 2 of the Agreement (collectively, the “Agreement Products”) and all other writings, technology, discoveries, processes, techniques, methods, ideas, concepts, research, proposals, and materials, and all other work product of any nature whatsoever, that are created, prepared, produced, authored, edited, modified, conceived or reduced to practice in the course of performing the Services or other work performed in connection with the Services or the Agreement (collectively, and including the Agreement Products, “Work Product”), including all patents, copyrights, trademarks (together with the goodwill symbolized thereby), know-how, and other confidential or proprietary information, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein. You agree that the Work Product is hereby deemed a “work made for hire” as defined in 17 U.S.C. § 101 for IJM and all copyrights therein automatically and immediately vest in IJM, and if for any reason, any Work Product does not constitute a “work made for hire,” you hereby irrevocably assign to IJM, for no additional consideration, your entire right, title and interest throughout the world in and to such Work Product, including all Intellectual Property Rights therein, including the right to litigate for past, present, and future infringement, misappropriation, or dilution, thereof and will reasonably assist IJM in perfecting any rights as may be required. To the extent that you incorporate any intellectual property or other proprietary materials into the Work Product that you have created, discovered or otherwise reduced to practice other than in connection with the Services performed hereunder for IJM (collectively, the “Other Party Pre-Existing Works”), you will retain all right, title and interest in and to such Other Party Pre-Existing Works, other than the non-exclusive licenses explicitly granted hereunder. You hereby grant IJM a perpetual royalty-free, non-exclusive, assignable, worldwide right and license to use such Other Party Pre-Existing Works to the extent reasonably necessary in connection with IJM’s receipt or use of the Services and Work Product.
   2. As between you and IJM, IJM is, and will remain, the sole and exclusive owner of all right, title, and interest in and to any documents, specifications, data, know-how, methodologies, software, and other materials provided to you by IJM (“IJM Materials”), including all Intellectual Property Rights therein. You do not have the right or license to reproduce or use any IJM Materials except solely during the Term to the extent necessary to perform your obligations under this Agreement. All other rights in and to the IJM Materials are expressly reserved by IJM. Except as otherwise expressly agreed upon in writing, you do not have any right or license to use IJM’s trademark, service marks, trade names, logos, symbols, or brand names.
4. Confidentiality
   1. You acknowledge that you will have access to information that is treated as confidential and proprietary by IJM, including, without limitation, the existence and terms of these Terms and the Agreement, branding, technology, and information pertaining to business operations and strategies, clients, marketing, finances, sourcing, personnel and information systems, in each case whether spoken, written, printed, electronic, or in any other form or medium (collectively, the “Confidential Information”). Any Confidential Information that you access or develop in connection with the Services, including but not limited to Work Product, will be subject to the terms and conditions of this clause. You agree to treat all Confidential Information as strictly confidential, not to disclose Confidential Information, or permit it to be disclosed, in whole or in part, to any third party without the prior written consent of IJM in each instance, and not use any Confidential Information for any purpose except as required in the performance of the Services. You will notify IJM immediately in the event you become aware of any loss of any Confidential Information.
   2. You agree to execute IJM’s Non-Disclosure Agreement (“NDA”), which is hereby incorporated into these Terms by reference.
   3. You acknowledge that the street address of any IJM office is extremely confidential and agree not to disclose or publish the address online or elsewhere, or to store documents online with the address visible.
5. Representations and Warranties
   1. You represent and warrant to IJM that:
      1. You have the right to enter into these Terms and the Agreement, to grant the rights granted herein and in the Agreement, and to perform fully all its obligations to these Terms and to the Agreement;
      2. You are entering into this Agreement with IJM and your performance of the Services do not and will not conflict with or result in any breach of or default under any other agreement to which you are subject;
      3. You have the required skill, experience, and qualifications to perform the Services, will perform the Services in a professional and workmanlike manner in accordance with industry standards for similar services, and will devote sufficient resources to ensure that the Services are performed in a timely and reliable manner;
      4. You will perform the Services in compliance with all applicable federal, state, and local laws and regulations, including by maintaining all licenses, permits, and registrations required to perform the Services.
   2. IJM hereby represents and warrants to you that:
      1. We have the full right, power and authority to enter into this Agreement and to perform its obligations hereunder; and
      2. The execution of this Agreement by our representative has been authorized by all necessary corporate action.
6. Indemnification
   1. Subject to these Terms and any other terms and conditions of the Agreement, each Party (as the “Indemnifying Party”) will indemnify, defend and hold harmless the other Party (as “Indemnified Party”) and its Representatives (“Representatives” being defined as a Party’s agents, employees, contractors, officers, directors, partners, affiliates, and attorneys) against any and all losses, damages, liabilities, claims, actions, judgments, settlement, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and legal expenses which arise out of any third party claim regarding (i) the negligence or willful misconduct of the Indemnifying Party in connection with its performance (or failure to perform) under these Terms and this Agreement; (ii) the Indemnifying Party’s breach of any representation it has made under these Terms and the Agreement; and (iii) any actual or alleged infringement of any patents, copyrights, trademarks or other rights such as trade secrets and rights of publicity and privacy resulting from any services performed under these Terms and the Agreement, or the manufacture, distribution, sale and advertisement of any deliverables created under these Terms and the Agreement.
   2. The Indemnified Party or its Representatives covered by the indemnification contained in Section 6(a) must provide the Indemnifying Party with prompt Notice of any Claim he, she, or it receives or the discovery of facts on which Indemnified Party’s or Indemnified Party’s Representatives intends to base a request for indemnification under this Section 6, and must provide reasonable assistance to the Indemnifying Party as necessary to enable the proper defense and/or settlement of the Claim. Notice of a Claim will not be considered timely under this provision if the Indemnifying Party’s ability to defend or settle the Claim was materially prejudiced by the Indemnified Party’s or Indemnified Party’s Representatives delay, if any, in sending such Notice.
   3. Notwithstanding anything to the contrary in these Terms or the Agreement, this Section 6 does not apply to any Claim, whether direct or indirect, for which a sole and exclusive remedy is provided under another section of these Terms or the Agreement.
   4. This Section 6 will survive termination or expiration of these Terms and the Agreement.
7. Insurance
   1. You, in the performance of the Services and where applicable, and at its own expense, will carry and maintain the following insurance policies with a minimum AM Best Rating of A-VII:
      1. General Liability, if applicable. If you are providing any of the Services onsite at an IJM place of business, $1,000,000 per occurrence and $2,000,000 aggregate, naming IJM as additional insured and endorsed to provide primary and non-contributory provision for the insurance carried by you and including a severability of interest clause.
      2. Professional Liability/Errors and Omissions, if applicable. If you are providing professional services, $1,000,000 per occurrence and in the aggregate.
      3. Employment Practices Liability, if applicable. If you have employees, $1,000,000 per occurrence and in the aggregate.
   2. Prior to the performance of the Services, if any coverage type in Section 7(a) is applicable, you will furnish IJM with a certificate of insurance from an insurer satisfactory to IJM evidencing compliance with the foregoing provisions. IJM will be named additional insured on general liability policies. You will also provide IJM a certificate of insurance stating that IJM will receive not less than thirty (30) days’ notice in the event of cancellation of any and/or all of your insurance policies. You agree that the above-mentioned insurance will apply as primary coverage with respect to any other insurance policy under which IJM is covered.
   3. If you decline to provide proof of coverage for the above applicable insurance, you agree to reimburse IJM for all costs incurred, as a result of its failure to carry sufficient insurance coverage, including but not limited to emergency medical care and political evacuation, if necessary.
8. Termination
   1. Either Party may terminate these Terms and the Agreement without cause upon thirty (30) calendar days’ written Notice to the other Party to these Terms and the Agreement.
   2. Either Party may terminate these Terms and the Agreement, effective immediately upon written Notice to the other Party to the Agreement, if the other Party materially breaches these Terms or the Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the breaching Party does not cure such breach within ten (10) days after receipt of written Notice of such breach.
   3. These Terms and the Agreement terminate automatically and immediately upon written notice whenever the notifying Party in its sole discretion determines that continuation of the Agreement will damage its reputation or goodwill.
   4. Upon expiration or termination of these Terms and the Agreement for any reason, or at any other time upon IJM’s written request, you will, within seven (7) days of such expiration or termination:
      1. Return to IJM all IJM Resources or IJM Materials or reimburse IJM for the cost of any IJM Resources or IJM Materials that have been lost, stolen, damaged or destroyed;
      2. Deliver to IJM all Deliverables and Work Product, whether complete or incomplete;
      3. Deliver to IJM all tangible documents and other media, including any copies, containing, reflecting, incorporating, or based on any Confidential Information;
      4. Permanently erase all Confidential Information from its computer systems; and
      5. Certify in writing to IJM that you have complied with the requirements of Section 8(d)(ii) through (iv) of these Terms.
   5. Upon termination of this Agreement for any reason, you will be entitled to receive only such compensation and reimbursement, if any, accrued but unpaid, and will refund to IJM the pro rata share of any compensation received but not accrued, as of the date you ceased work under the Agreement.
9. Non-Solicitation. You agree that during the Term of the Agreement and for a period of twelve (12) months following the termination or expiration of the Agreement, you will not make any solicitation to employ or employ any of IJM’s employees or other contractors without prior written consent of IJM to be given or withheld in IJM’s sole discretion.
10. Assignment. You will not assign any rights or delegate or subcontract any obligations under these Terms or the Agreement without IJM’s prior written consent. Any assignment of the foregoing is null and void.
11. Remedies. Any claim or dispute arising from or related to these Terms or the Agreement will be settled by mediation and, if necessary, legally binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. Such arbitration will take place in Arlington County, Virginia. The parties understand that these methods will be the sole remedy for any controversy or claim arising out of these Terms or the Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes, except to enforce an arbitration decision.
12. Governing Policies. You will comply with all rules and procedures communicated to it in writing by IJM, including those related to safety, security, confidentiality, and access to systems. In particular, you will comply with IJM’s ethical policies as can be referenced within this Terms & Conditions page via separate tabs above:
    1. Protection Against Sexual Exploitation, Abuse and Harassment Policy (PSEAH)
    2. Safeguarding Policy
    3. Global Bribery, Fraud, Extortion, and Improper Dealings Policy
13. Miscellaneous
    1. Entire Agreement; Severability: These Terms and the Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties to these Terms and the Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between the Parties with respect to such subject matter. No amendment to or modification of these Terms and the Agreement, or any related exhibits or attachments, is effective unless identified as an amendment to these Terms or the Agreement and signed by each Party. If any term or provision of these Terms and the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms and the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
    2. Waiver: No waiver under these Terms or this Agreement will be effective unless it is in writing, identified as a waiver to these Terms or the Agreement, and signed by an authorized representative of the Party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purposes stated and does not operate as a waiver on any future occasion. Consent to a waiver by either Party in one instance does not obligate such Party to consider or grant a waiver in a similar future instance. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege, or condition arising from these Terms or the Agreement: (i) any failure or delay in exercising any right, remedy, power, or privilege or in enforcing any condition under these Terms or the Agreement; or (ii) any act, omission, or course of dealing between the Parties.
    3. Counterparts: These Terms may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same Terms. A signed copy of these Terms delivered by email, facsimile, or other means of electronic submission is deemed to have the same legal effect as delivery of an original signed copy of these Terms.
    4. Notice: Any Notice required under these Terms or as may otherwise be necessitated by virtue of the actions of either Party, must be in writing and delivered to the other Party via overnight courier or certified mail, return receipt requested, to the addresses listed below for IJM and to your address as listed in the Notices section of the Agreement. The addresses may be changed by either Party at any time by providing Notice of such change to the other Party as provided herein (“Notice”). Notice sent via overnight courier will be deemed received the day after it is sent. Notice sent via certified mail will be deemed received on the earlier of the date received or five (5) business days after it is sent. Notice may also be given by e-mail provided that, contemporaneously with the sending of such e-mail, a copy of such Notice is also sent by either overnight courier or certified mail. Notice sent by e-mail in such a manner will be deemed to have been given as of the date of the initial e-mail transmission.

FOR INDEPENDENT CONTRACTORS AND VENDORS WITHIN NORTH AMERICA:

Protection Against Sexual Exploitation, Abuse and Harassment Policy (PSEAH)

Purpose

IJM does not tolerate sexual exploitation, abuse or harassment (SEAH) of any kind, and confirms its heightened commitment to measures of prevention and safeguarding by:

• Fostering an enterprise-wide and partnership culture actively preventing SEAH.
• Setting expectations for all those who work for, represent, or partner with IJM regarding PSEAH, appropriate behavior, and consequences for misconduct.
• Clarifying IJM’s approach to preventing and addressing SEAH.

Applicability

This policy applies globally to all IJM Representatives and Implementing Partners both during and outside working hours, as well as all IJM Guests during the period of interaction with IJM Representatives and Beneficiaries.

All people and organizations covered by this policy are referred to as “Covered Persons.”

Principles

IJM is committed to the following PSEAH core principles[1]:

1. Sexual exploitation, Abuse and Harassment by Covered Persons constitute acts of gross misconduct and substantiated allegations are grounds for termination of employment/contract.
2. Covered Persons are prohibited from engaging in any form of sexual activity with children[2] (persons under the age of 18), regardless of the age of majority or the locally recognized age of consent. Mistaken belief in the age of the child is not a defense.
3. Covered Persons are prohibited from exchanging money, employment, goods, services, or any other thing of value for sex, including sexual favors, or other forms of humiliating, degrading or exploitative behavior. This includes exchange of assistance due to program participants.
4. Covered Persons are prohibited from engaging in sexual relationships with Beneficiaries since they are based on inherently unequal power dynamics and may undermine the credibility and integrity of IJM’s work. IJM Representatives must disclose any previously existing relationships with IJM program community members to their line managers or People Support focal points prior to beginning employment or contract with IJM.
5. Where a Covered Person develops concerns or suspicions regarding sexual abuse or exploitation by a fellow worker, whether in IJM or not, he or she must report such concerns via IJM’s established reporting mechanisms.
6. IJM Representatives and Implementing Partners are obliged to create and maintain an environment which prevents SEAH and promotes the implementation of IJM’s Code of Conduct. IJM managers at all levels have heightened responsibility to support and develop systems which maintain this environment.
7. IJM Representatives are prohibited from engaging with commercial sex workers or engaging in prostitution of any form whilst on a work trip (including travel and leisure time and field visits) and representing IJM, even if commercial sex is legalized in that country. This kind of conduct goes against IJM’s organizational values and once substantiated will constitute grounds for disciplinary measures including summary dismissal.

IJM, along with its Representatives and Implementing Partners, are committed to ensuring appropriate action in reporting and response to any incidences of SEAH:

Reporting SEAH

Covered Persons have a responsibility to immediately raise concerns regarding SEAH and must not independently investigate allegations or suspicions. Even as reporting protocols evolve over time, IJM commits to:

• Ensure multiple channels for reporting, designed in consultation with stakeholders to ensure transparency, accessibility, and safety.
• Encourage and support reporting and build a culture that promptly addresses reports.
• Train Covered Persons and other relevant individuals on how to access these safe reporting channels, including providing suitable messaging for children and people of diverse backgrounds, and posting reporting procedures in local languages.
• Train key IJM Representatives, particularly designated Safeguarding/ PSEAH Focal Points, on how to receive and respond to reports, to ensure they understand the obligation of confidentiality and anonymity.
• Reassure individuals making reports regarding confidentiality and safety and allow an option for reports to made anonymously, including reports under IJM’s Whistleblower Policy.
• Abide by any applicable external reporting requirements of the Standard Operating procedure for Misconduct Reporting. Only IJM Representatives with delegated authority can report to external donor or regulatory authorities. Survivors, if they so request, will be supported in reporting to regulatory authorities within their jurisdiction.

Response to SEAH reports

IJM will respond in a timely and professional way to all concerns, allegations, and reports of SEAH. All concerns will be taken seriously, investigated and acted upon according to our principles as noted below:

• Survivor-Centered Approach- IJM prioritizes the rights, needs, wishes, and empowerment of survivors of SEAH in both prevention and response to SEAH. Complaints mechanisms will be accessible and designed with the needs of those affected by SEAH in context and in mind. IJM will investigate SEAH complaints sensitively and confidentially with primary concern for the survivor. IJM will offer a supportive environment to facilitate recovery and provide resources to aid the survivor. The safety and security of the survivor and his /her children is the primary consideration. IJM ensures that the survivors will have a right to choose whom to tell their story and all information will be handled confidentially and with the informed consent of the survivor (IJM may only override confidentiality when there is an imminent threat of harm). Survivors, too, will receive equal and fair treatment regardless of their age, gender, race, religion, nationality, ethnicity, sexual orientation or any other characteristic.
• Investigations – IJM will carry out professional, safe and discreet investigations through trained investigators working with IJM’s Safeguarding Team. Due recognition is placed on the rights and the duty of care we owe to everyone involved, this includes the complainant and/or survivor, witnesses and Subject of Complaint (SoC).
• Accountable Case Management- All allegations of SEAH, and subsequent escalation and follow up, will be documented in a secure and confidential database. IJM’s Data Protection Principles will apply. This will ensure IJM remains accountable in all its actions. The report will officially be acknowledged within 24 hours, and the safeguarding team will convene a case conference to assess immediate risks and next steps within 72 hours.
• Survivor support- IJM commits to refer survivors to competent support services as available and appropriate and according to the wishes and wants of the survivor. This support may include, but is not limited to, legal support, specialist psychosocial support such as counselling, medical assistance, security and employee assistance support.

Decision Making- IJM will take swift and appropriate action against IJM representatives and associates who are found to have committed SEAH. This may include disciplinary and administrative actions, termination of contracts and /or referral to relevant local authorities if appropriate and safe to do so. An independent incident management panel will be assigned in every investigation to ensure transparency, impartiality, and accountability. The decision-making process will be subject to scrutiny by the Safeguarding Lead.

Reporting Channels

Anyone, including members of the community we work with and for, can raise a concern or make a complaint to IJM about something they have experienced or witnessed without fear of retaliation or reprisal. Options for reporting:

• Using the anonymous whistleblowing webform, here
• Contacting Safeguarding (PSEAH) Lead at safeguarding@ijm.org

Complaints About Implementing Partners

Where IJM receives a complaint about an Implementing partner organization, IJM requires the partner to respond safely, quickly, and appropriately with the same or functionally equivalent standards of reporting and response as outlined in this policy. IJM will assist the partner to ascertain its reporting obligations. If there is reason to believe that an allegation of abuse has been dealt with inappropriately by a partner, the Partner risks withdrawal of funding or ending the relationship with IJM.

Gender Equality and Power Balance

IJM recognizes that gender, disability, age and impoverishment have a powerful intersection and impact on the likelihood of SEAH happening. IJM, therefore, is committed to addressing gender inequality and power imbalances within the organization and in the delivery of its work. Using a ‘Do No Harm’ approach, IJM actions promote gender equality, safeguarding, social inclusion and accountability.

Zero Tolerance for Retaliation

IJM will take action against anyone, whether they are the subject of a complaint or not, who seek or carry out retaliatory action against complainants, survivors, other witnesses or the subject of complaint. IJM Representatives may be subject to disciplinary action, up to and including termination of employment. Others who work with IJM may have their relationship with IJM terminated.

[1] The six core principles are from The UN Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Abuse (ST/SGB/2003/13) and have been modified by IJM to include sexual harassment and IJM Representatives and associates. The seventh added is IJM specific.

[2] See the UN Convention on the Rights of the Child.

Safeguarding Policy

Purpose

IJM has zero tolerance for exploitation and abuse. We are especially committed to safeguarding because of who we are, what we believe, and what we do. This policy is intended to detail IJM’s commitment to transparency and to the highest standards of organizational safeguarding by:

• Emphasizing the centrality of IJM’s commitment to safeguarding all people who come into contact with IJM, especially Vulnerable People, from all forms of Harm when interacting with IJM.

• Providing a framework for ensuring that IJM programs and activities are informed by survivor leaders and are designed, implemented, and performed with the best interests of Vulnerable People in mind.

• Ensuring that IJM prioritizes prevention and remains accountable in its response to safeguarding incidents.

Applicability

This policy applies to all people working or volunteering on or behalf of IJM, including directors, staff, volunteers, constituents while engaging in IJM activities, contractors or vendors while performing services for IJM (“IJM People”). IJM also requires Implementing Partners to commit to implementing this policy or their own policy that IJM has confirmed as functionally equivalent, including equivalent safeguarding measures and principles.

Safeguarding Principles

1. IJM promotes and seeks to maintain a safe and supportive organizational culture for all people, where all who interact with IJM, including IJM People, partners, and members of communities where IJM works, are treated with dignity and respect, and within an environment where safety, confidentiality, and non-discrimination are ensured.
2. IJM applies the Do No Harm principle. All programs, interventions and activities are designed and implemented with care that they do not cause further harm nor introduce additional risks to anyone who comes into contact with IJM programs or people.
3. IJM People and Implementing Partners are expected to treat all people with the utmost dignity and respect at all times. All IJM People must abide by IJM’s Safeguarding Policy Suite (which includes this policy, the companion Protection against Sexual Exploitation and Abuse Policy[1] , IJM’s applicable Code of Conduct and Safeguarding Procedures).
4. IJM recognizes the additional duty of care to Vulnerable People with whom we work, are in contact with, or who are affected by our work, programs and operations.
5. IJM values diversity and does not discriminate based on gender, age, race/ethnicity, disability, sexual orientation, or other characteristics in its programs or in offering its services to Beneficiaries.
6. IJM prioritizes safeguarding at all levels of the organization. Our safeguarding culture begins with IJM Boards of Directors and is the responsibility of all IJM People.
7. IJM has established high level oversight and accountability for safeguarding efforts, overseen and guided by a dedicated Safeguarding Officer.
8. IJM commits to continuous learning and improvement in our safeguarding policies and procedures. IJM will implement changes based upon periodic self-assessments, monitoring, feedback, and Safeguarding Reports.
9. IJM fosters a culture of transparency and collaboration in our safeguarding work. This entails including and engaging with communities, other organizations, donors, governments, civil society networks, and other local networks as applicable.
10. IJM commits to ethical and protective principles in research, media and communications to ensure Vulnerable People are represented in a dignified way, their participation is not exploitative, and information is used for the agreed purpose and consent.

IJM is committed to incorporating and prioritizing safeguarding in all our work.

Awareness

IJM’s Safeguarding Standards will be communicated to all IJM People. IJM will provide appropriate training on the Safeguarding Policy Suite, and IJM People are required to comply with training requirements. IJM shall make reasonable efforts to provide Beneficiaries with an explanation of who IJM is, what constitutes Harm and what its safeguarding principles are, and how to report any violations or concerns. IJM shall work with the communities it serves to develop communication content and materials and complaint response mechanisms that can be accessed by everyone, including Vulnerable People.

Prevention

IJM shall implement preventative safeguarding measures as appropriate. Sample measures include:

• Screening every candidate for employment and performing background and reference checks to ensure potential hires do not pose a safeguarding threat.
• Requiring all IJM People and Implementing Partners to affirm that they have not harmed Vulnerable People in the past and requiring self-disclosure of any past and future safeguarding incidents which occur.
• Requiring external checks on IJM People and Implementing Partners. These include anti-terrorism checks where needed, police clearance checks or equivalent.
• Requiring and conducting safeguarding due diligence of implementing partners prior to entering partnerships, including requiring enterprise and safeguarding risk management and safeguarding policies and procedures equivalent to those of IJM.
• Conducting an annual risk analysis of all IJM programs, implementing additional risk-management measures for high-risk contexts, and developing action plans to improve safeguarding and accountability.
• Mainstreaming safeguarding in the design and implementation of programs to ensure safer programming.

Reporting

Mandatory Obligation to Report: IJM commits to make reasonable efforts to ensure all IJM People and Implementing Partners are aware of their mandatory duty to report any concerns promptly, including:

• Suspected or known Harm by IJM People or Implementing Partners, operations or programs against anyone who comes into contact with IJM, including Vulnerable People;
• Suspected or known violations of the IJM’s Safeguarding Policy Suite; or
• Any other inappropriate behavior.

All suspected or known safeguarding concerns must be reported by IJM People or Implementing Partners promptly, with a target of 24 hours of becoming aware of the concern, unless it is impossible to do so, or other exceptional circumstances exist. Where safe to do so, and when after taking into consideration the wishes of the survivors and whistleblowers and the risk of further harm (by way of a risk assessment), all alleged incidents of harm that involve a criminal aspect should be reported through the appropriate local law enforcement channels.

IJM shall ensure that IJM People know how to make a Safeguarding Report in accordance with IJM’s Safeguarding Policy Suite when concerns arise. Everyone will have access to safe, accessible reporting channels, including confidential and anonymous reporting channels. Community-based reporting mechanisms which will be designed in consultation with community members and survivors in context, addressing any barriers to reporting.

Anyone, including members of the community we work with and for, can raise a concern or make a complaint to IJM about something they have experienced or witnessed without fear of retaliation or reprisal. Options for reporting include:

• Using the anonymous whistleblowing webform.
• Contacting Global Safeguarding Lead at safeguarding@ijm.org.

Any person at IJM who receives a safeguarding complaint about another organization should refer the report to the IJM safeguarding team, who will report cases to the relevant organizations involved, where safe to do so, and in accordance with IJM’s Safeguarding Procedures. IJM will not investigate cases related to other organizations. However, IJM does have an obligation to report any misconduct, pursuant to IJM’s Safeguarding Procedures.

Responding

IJM takes allegations of misconduct seriously and will promptly and appropriately investigate Safeguarding Reports. IJM will make efforts to ensure its internal investigation and adjudicative procedures are safe, timely, consistent, confidential, and fair. All Safeguarding Reports and related investigations will be handled by persons trained in handling such matters. Any person receiving a Safeguarding Report or charged with responding to a report should follow Safeguarding Case Management procedures and respond in a manner that upholds our safeguarding principles. IJM’s Safeguarding Team must make reasonable efforts to ensure that the complainant, survivor, and witnesses are safe, receive psychosocial support in accordance with their wishes, and that any further risk of harm is mitigated.

IJM will share reports on registered safeguarding concerns, in an anonymized manner, with IJM’s Board of Directors and as required by local law and by any grant or other agreement (unless such disclosure is specifically prohibited by law or would cause greater harm).

IJM shall provide appropriate support to impacted parties during and after investigation of a Safeguarding Report. Following the investigation, IJM shall take appropriate action through learning and continuous improvement.

Recording

IJM will maintain a case management database that is secure and confidential, to ensure quality assurance, accountability, and data protection compliance.

Zero-Tolerance for Retaliation

It is prohibited to engage in any retaliation for making a Safeguarding Report or participating in an investigation, and IJM commits to protect complainants and witnesses from retaliation.

Violations of this policy including during personal time in the home country or overseas, shall result in disciplinary actions, determined on a case-by-case basis, up to and including termination of employment, contract, membership on a governing body of an IJM entity, or any other form of engagement with IJM.

Assess and Manage Risk and Impact

Careful planning and monitoring can identify, mitigate, and reduce the safeguarding risks to all people especially, Vulnerable People, that may be caused by IJM People, operations, and programs. IJM will ensure safety of all who come into contact with IJM, by way of example, implementing enterprise risk management[2], conducting a risk analysis for all programs and partners, developing, and maintaining monitoring tools, and incorporating feedback into IJM’s global risk management process and program development.

Sharing Responsibility for Safeguarding

IJM requires the commitment and investment of IJM Implementing Partners in preventing harm to anyone who comes into contact with their staff, operations, or programs when they are engaged in the delivery of IJM services and programs, or when they are working with IJM in any way.

IJM carries out appropriate and ongoing due diligence on IJM Implementing Partners and requires that implementing partners have an enterprise risk management framework in place and either adopt IJM’s Safeguarding Policy and procedures or equivalent safeguarding standards.

IJM shall support its Implementing Partners by sharing accurate, timely and accessible information, including the results of self-assessments and partner assessments, risk registers, training and other safeguarding materials. Implementing Partners must promptly report safeguarding concerns they have received about the IJM programs or their staff or operations to IJM within 24 hours of discovery.

[1] See PSEAH Policy tab

[2] Enterprise Risk Management as defined by the International Standards Organization (“ISO”) 31000 as revised.

Global Bribery, Fraud, Extortion, and Improper Dealings Policy

Purpose

Prevent bribery, fraud, extortion, and improper dealings by anyone acting on IJM’s behalf by:

• Affirming IJM’s zero-tolerance for bribery, fraud, extortion, and improper dealings;
• Equipping IJM’s people to uphold IJM’s ethical standards by providing clear direction on how to recognize, report, and investigate occurrences of bribery, fraud, and other forms of corruption;
• Providing accountability mechanisms for breach of these standards; and
• Protect IJM’s reputation and maintain stakeholder confidence in IJM.

Applicability

This policy applies everywhere IJM operates, to IJM Employees, Interns, Retainers, Third Party Associates, Contingent Workers, Workers by Contract, and Volunteers (collectively, referred to as “IJM People,”); and to all Third Parties with whom IJM conducts business (collectively, referred to as “Covered Person(s)”).

Approach

As an organization dedicated to building justice systems that protect vulnerable people, twisting a system for private gain has no place in our work – even when it is the norm embraced by others inside that system, and even when it appears that doing so would reap a short-term gain for our mission or someone we serve.

IJM’s leadership is committed to embed an anti-fraud and anti-corruption approach into all aspects of our work by:

• Setting clear expectations and modeling appropriate behavior;
• Providing training on awareness and reporting;
• Establishing controls for prevention and detection;
• Ensuring IJM clear response measures and consequences for misconduct;
• Abiding by applicable laws and reporting to external parties where required; and
• Including transparent and risk-based financial review and decision-making at the Board level.

Exclusions

An exception to this policy exists in circumstances where a Covered Person is forced under threat or intimidation to make a payment that would otherwise be characterized as improper. In such situations, Covered Persons should not put themselves at risk, but should make the payment and then report according to procedures set out in this policy.

Policy Statements

1. IJM Requires Covered Persons to Follow its Zero-Tolerance for Bribery, Fraud, Extortion, and Improper Dealings
   1. Bribery. Covered persons, who are those defined in the applicability section above, shall not offer or accept bribes in any form, whether directly, passively or through a Third Party (see examples below). This prohibition includes causing any such payment to be made on IJM’s behalf, and applies to all kinds of improper payments, including providing Kickbacks or any form of Facilitation Payments/Speed Money.
   2. Fraud. Covered Persons shall never use deception, misrepresentation, or abuse of power for unfair financial or other benefit.
   3. Extortion. Covered Persons shall never use actual or threatened wrongful force, violence, or fear to obtain something of value.
   4. Covered Persons shall never engage in behavior that violates local law regarding bribery, fraud, extortion, and improper dealings and are responsible for seeking legal guidance when they are unsure.
   5. Exclusions. An exception to this policy exists in circumstances where a Covered Person is forced under threat or intimidation to make a payment that would otherwise be characterized as improper. In such situations, Covered Persons should not put themselves at risk, but should make the payment and then report according to procedures set out in this policy.
   6. All IJM People commit to uphold the standards described in this policy in all their business dealings and relationships. Other Covered Persons commit to uphold the standards described in this policy when acting for, on behalf of, or in association with IJM.
   7. IJM Employees engaging in relationships with Third Parties who are Covered Persons must ensure the commitments of this policy are embedded in contracts or otherwise incorporated into the relationship.
2. Political Contributions
   1. IJM shall not participate in or provide financial support for any political activity including supporting political parties, candidates, or campaigns except as expressly permitted. This prohibition does not apply to lobbying activity in jurisdictions in which it is legally permitted.
3. Business Gifts and Hospitality
   1. Gifts to government officials of any monetary value are generally not permitted because of the concern they may be viewed as bribes. However, there may be some circumstances in which cultural or other formalities require the exchange of symbolic or other items of insignificant monetary value. Such an exchange is permitted if not otherwise prohibited by this policy, upon approval in writing from legal counsel.
   2. The Principle of Loyalty: Covered Persons shall adhere to a governing principle of loyalty to the mission when evaluating Business Gifts; this means using a position or authority within IJM or granted by IJM to further IJM’s mission, not to obtain personal benefit and avoiding even the appearance of a conflict.
   3. IJM Employees may receive for their personal benefit gifts of de minimis value when otherwise not prohibited, defined as a cumulative value of $100 USD (total value of all gifts from one source annually). Where possible, gifts should be utilized to further and fulfill IJM’s mission.
4. Prevention Measures
   
   IJM shall make reasonable efforts to embed fraud prevention and detection measures into operational procedures through risk assessment and robust internal administrative and financial controls.
   
   
5. Seeking Guidance
   
   If you are uncertain about how a potential payment, gift, or other activity is classified, including whether something is a bribe as opposed to a permitted gift or act of hospitality, consult with your manager or IJM point of contact before proceeding. If the matter is still not clear, consult with the Office of the General Counsel (including Regional Counsel) before proceeding. The following are a non-exhaustive list of examples of some of the prohibited behaviors described in Section 1:
   1. Payment of an unofficial fee to a judicial clerk to ensure an IJM case is heard on a timely basis or to secure copies of court records.
   2. Payment of an unofficial fee to a police officer to execute a warrant of arrest or file a report.
   3. Payment of an unofficial fee to secure the dropping of charges against, or release from detention of, an IJM staff member or client.
   4. Payment of an unofficial fee to secure a Memorandum of Understanding or visa authorizing work in the U.S.
   5. Providing a government official with cash, property or services that exceed the value of the actual expenses charged by the government office or official in order to expedite a process or obtain a benefit that would otherwise be unobtainable.
   6. False claims in requesting payment for goods, services or activities not actually performed such as: submission of fake receipts on a travel expense report, falsifying timesheets to report hours not worked, forgery or alteration of a check or other financial document, submission or knowing approval of invoices for work not done or products not delivered.
6. Reporting Concerns
   
   Covered Persons have an obligation to recognize and immediately report or suspected violations of this policy, or any other concerns regarding IJM business dealings.
   
   1. All IJM People must immediately report any concerns regarding IJM business dealings, or suspected violations of this policy. Failure to do so will result in disciplinary action up to and including termination.
   2. Any other Covered Person who becomes aware of a potential violation of this policy should likewise report it.
   3. Any person who reports a concern should not seek to investigate or assess the merit of the instance but should simply report what they know and/or observed. The person reporting a concern must otherwise keep the matter strictly confidential.
7. Investigation and Incident Management
   
   IJM will address all complaints or allegations of corruption or fraudulent activity.
   
   1. IJM will investigate and document all alleged fraud, bribery or other corruption in a timely, professional manner, commensurate with the evidence, and considering severity, credibility, confidentiality, potential for reputational damage, and applicable donor requirements.
   2. When there is suspected fraud or corruption under a grant-funded project, IJM will promptly report to the donor according to the donor agency’s reporting requirements and any mandatory reporting timelines. IJM shall update relevant donor agencies regarding reports and on the progress and outcomes of investigations as required.
   3. When deemed necessary, IJM may also report an incident to law enforcement authorities.
   4. Reports will be handled confidentially on a “need-to-know basis”. IJM shall take reasonable action to minimize risk of loss, such as issuing a request to relevant bank and/or credit card company to freeze resources.
8. Affirmation and Training
   
   At least annually, all IJM People and other relevant Covered Persons must read and affirm compliance with this policy and, as applicable, participate in applicable training to ensure appropriate understanding of how to identify, report, investigate and manage bribery, fraud and other forms of corruption.

Compliance & Enforcement

Violations of this policy, including violations of this policy by IJM People during time off, will result in disciplinary measures and corrective action determined on a case-by-case basis, which may include the following:

• Training
• Warnings
• Termination of employment, contract, membership on a governing body of an IJM entity, or other form of engagement with IJM; or
• Other appropriate remedial or punitive action that IJM deems appropriate.

IJM reserves the right to pursue legal and/or civil and equitable remedies if noncompliance by a Covered Person results in damages or harm to IJM. This may result in personal liability and legal/financial consequences. Further, Covered Persons who violate relevant law may be subject to personal criminal liability including imprisonment, fines and other legal or financial consequences.

Definitions & Terms