Sexual harassment falls under the NAR Code of ethics Standard of Practice 10-5 (sex) too.

• Standard of Practice 10-5 REALTORS® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. (Adopted and effective November 13, 2020, Amended 1/23)

Also, SCR has a standalone code of conduct and harassment policy, see below.

While the SCR policy applies to SCR events/business, the NAR code of ethics SOP 10-5 (above) applies at all times. Also, sexual harassment can sometimes reach a criminal prosecution level and or litigation in a civil lawsuit.

Harassment, and sexual harassment, can occur via communication and or physical actions.

Some risk management actions can be to immediately contact SCR event/business staff supervisors to act and or to intervene in the situation or even to distract and help alleviate the situation. SCR will take appropriate action in the policy below including potentially intervening in the situation reported.

In the business situation, sometimes supervisors, team leaders, brokers in charge, and or well-respected REALTORS® can help with similar types of risk management in situations not at SCR events/business.

In some situations, law enforcement may become involved.

Some self-risk management actions can include avoiding becoming intoxicated or incapacitated/tired and thinking twice before acting, speaking, posting, texting, emailing, touching, and or attempting humor that might offend. Sleep on that post, email, text, or phone call before sending. Social media is becoming a source of complaints. So, use good judgment at all times, especially with social media.

Code of Conduct and Harassment Policy

This SCR Code of Conduct and Harassment Policy (Policy) applies to all SCR members, members’ guests, staff, invited guests and hired speakers and presenters, attending SCR-related meetings or events, whether held in public or private facilities, including meetings or events sponsored by organizations other than SCR and held in conjunction with SCR meetings or events, and any SCR member communications related to SCR business or with SCR staff.

SCR Commitment:

SCR is committed to providing a productive and welcoming environment that is free from discrimination and harassment. Members are expected to act with courtesy and mutual respect toward each other, SCR staff, service providers, speakers and event participants.

Harassment:

Harassment in any form is strictly prohibited. Harassment includes inappropriate conduct, comment, display, action, or gesture based on another person’s sex, color, race, religion, national origin, age, disability, sexual orientation, gender identity, and any other protected characteristic.

Examples of harassment include, but are not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and the display or circulation of written or graphic material that denigrates or shows hostility toward an individual or group based on a protected characteristic.

Sexual Harassment:

Sexual harassment is one form of harassment. Sexual harassment may involve individuals of the same or different gender. Like all harassment, sexual harassment is strictly prohibited.

Sexual harassment can be:

  • Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, or threats.

  • Non-Verbal: Sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, or obscene gestures.

  • Physical: Unwanted physical contact, including touching, pinching, coerced sexual intercourse, or assault.

Members and Staff Look After Each Other and Guests/Invitees to Prevent Issues:

Use good judgment at all times. Always be aware of your surroundings. Ask SCR staff for assistance if you have questions or need help with issues (e.g., event, facility, security, safety, emergencies, intoxication, illness, environment, transportation, behavior). Members, guests, or invitees that present a danger (intoxicated, etc.) to themselves or those around them will be asked to leave the event or meeting immediately.

How to Report Incidents of Harassment or Inappropriate Behavior:

Any member who believes they experienced or witnessed harassment or other inappropriate behavior in violation of this Policy should promptly report the incident to one of the following individuals: the SCR General Counsel, the SCR Chief Financial Officer, or the SCR President.

Investigation and Discipline:

Upon receipt of a member’s report of possible harassment or inappropriate behavior in violation of this Policy, SCR will promptly conduct an investigation at the direction of SCR’s General Counsel. During the investigation, SCR will involve only those deemed necessary to the investigation, and disclosures will only be made on an as-needed basis. If it is determined that the investigation substantiates that a violation of this Policy has occurred, SCR’s President, President-Elect, and Treasurer, in consultation with SCR’s General Counsel, will determine any disciplinary action. If one or more of the foregoing officers are named in the complaint of harassment or inappropriate behavior, SCR’s General Counsel will identify a substitute to be selected from the SCR Executive Committee.

SCR reserves the right to take any necessary and appropriate action against a member who engages in any form of harassment or inappropriate behavior in violation of this Policy. Such actions may include, but are not limited to, prohibition from attendance at future SCR meetings or events, removal from a committee appointment or Board of Directors, expulsion from membership, or any other action deemed appropriate by SCR. A member that violates this policy may also be subject to other NAR Code of Ethics or Real Estate Commission license law complaints.

Breach of Confidentiality:

If it comes to the attention of the Chair of any SCR Committee that a member of that committee has violated confidentiality and/or the conflict of interest disclosure obligations of that committee, the committee Chair and the SCR President, in consultation with SCR’s General Counsel, will address the alleged violation and determine an appropriate resolution of the violation, which may include removal from the committee and limited or permanent ban on service on other SCR committees.

Approved by the SCR Board of Directors on September 14, 2022

Posted by: Byron King on 01/10/24 (This information is only accurate as of 01/10/24. You must contact SCR for updates and changes to this information after 01/10/24 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)

This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.