Respect Code

The Community Action Center strives to bring individuals and organizations together from the Earlham community together by providing common space to enhance communication and therefore inspire action. In order to maintain this atmosphere, mutual respect must be the core of the center. The Respect Code defines the spirit of the respect which must be maintained in The Center.

Constitution

This Center was built on a foundation of basic human rights. This includes pro-multiculturalism, anti-sexist, anti-homophobic and anti-classist. Its purpose is to create a space in which students have the opportunity to learn and work with each other through cross-issue dialogues. In order to do our best as members of the Center, we must be aware of the fundamentals on which this organization was created. The Constitution is a document outlining these fundamentals.

Code of Conduct

One of the recent acts of activism has been the creation of an Earlham College Code of Conduct. Sposnored by the Community Action Center and several other organizations, this Code explains how Earlham can help raise its contribution to human rights.

     The Community Action Center strives to bring individuals and organizations together from the Earlham community together by providing common space to enhance communication and therefore inspire action.  In order to maintain this atmosphere, mutual respect must be the core of the center.  We feel that mutual respect consists of the following:

 
• Respect a diversity of opinion  -views that differ from one's own
• Cooperate  -this center will function only if everyone works together to achieve common goals
• Sacrifice of an individual's interests is necessary in a functional community
• Voice your needs and concerns as they arise -people cannot respect needs that they are unaware of
• Encourage others to voice their concerns
• Respect people's right to make their own choices
• Actively listen -keep an open mind to what is being said, ask questions when you don't understand
• Embrace conflict  -use the opportunity to learn from other perspectives
• Acknowledge that there is a time and place for arguments -respect that the center is used as a place for work as well as discussion
• Address those who do not follow the respect code on an individual basis -avoid gossip
• Being uncomfortable is a part of diversity  -use this diverse community to grow  -don't let being uncomfortable impede the formation of friendships
• Simplicity  -focus on the resources the center does have and don't dwell on what it doesn't have, be creative and innovative
• Ownership  -respect for the physical space as a community space shared by others
• Respect for the immediate area surrounding the center  -noise level
• Respect for physical space  -cleanliness, order

February 1998

I. Mission Statement

This Community Action Center was created to meet communication needs for active student organizations on campus. The Center was only possible because of the combined efforts of many student organizations, individuals and faculty.
With such a diverse campus, it is necessary to appeal to a larger audience, and to be able to represent many entities. We therefore represent the general Earlham population and its activist interests.

The Community Development Center is currently represented by the following student organizations the Asian Cultural Center, Latino Cultural Center, Black Leadership Action Coalition, Student Direct Action Coalition, Earlham Socialist Alliance, Prison Justice Task Force, Earlham Environmental Action Committee, the Womyn's Center, Committee in Solidarity with Latin America, Aids Coalition Earlham, Womyn of Color, Hunger and Homelessness, Students Against Various Eating Disorders, Rainbow Tribe, Committee for Justice in the Middle East, Students For Choice, Women of Color, Amnesty, Students for Animal Liberation Aide, and Defense, Agricultural Program and others. These groups have agreed to help run, maintain, and fund the Center.

III. Role of Working Groups:
Working Groups are a group of individuals actively involved in the Center, divided into task forces pertaining to the needs of the time. Working groups are responsible for setting their own agendas and filing their own minutes. They must send one representative to monthly Center meetings in order to report progress.

IV. Center meetings:
This is the one meeting where representation of all is essential. The Center will meet monthly. The attendance of one representative from each working groups, each member student organization and two faculty (at least) is all but required. Center meetings will be facilitated by the core group (see section V). The Centers meetings present a time for all representatives to report on their activities and work. It is also a place where anyone on campus can bring questions or concerns that pertain to the Center. Finally, issues surrounding the Center will be addressed at these meetings.

V. Core Group:
The role of the core group will be to facilitate Center meetings. It will consist of 3-4 students and two faculty members (Center faculty advisors). Their responsibilities will be to: keep and post minutes and facilitate meetings according to a set agenda they create.

VI. Organizational Obligations
1. Each group will donate one volunteer hour a week in order to keep the office open and to help out. They can send anyone from the group to the group's hour. There will be some flexibility for small groups, such as an hour every two weeks.

2. Each organization is responsible for maintaining their own filing areas.

3. Student organizations must post their own activities and meeting times on the Center calendar.

4. Each organization must select one of its members to attend monthly Center meetings. This will be a time for groups to express concerns, needs and ask questions to the entire Center.

5. Organizations will be encouraged to contribute significant materials to the library.

6. Organizations will be encouraged to periodically contribute write ups/articles to the newsletter.

VII. Role of work study students

VIII. Library
The library that will be established in the new Center will be a great resource for the entire Earlham community. Books about activism, newsletters, world updates, a possible film collection and more, will be available for the entire Earlham community to utilize. These kinds of resources are not currently easily accessible or centrally located. The resource library will be initially stocked with literature and information currently in the hands of student groups. The library will grow as people donate literature and other resources. We think this will be a process requiring little effort on the part of the Center because individual student groups accumulate so much material in need of a place to be stored and shared. In the long term, groups may also decide to budget funds toward the purchase of additional literature including subscriptions to periodicals.

IX. Managing and Maintaining the Center:
In the future, we hope to establish a source of funding that is self sustaining, meaning that the funding will come directly from the member organization budgets. However, certain circumstances in the future may require the Center to join an SOC cooperative.
The Center will be open as much as possible. However, it can only be open if at least one volunteer worker is present in the Center. Member organizations will be strongly encouraged to donate volunteer time. There will also be a work study position to ensure that the Center progresses with continuity. Work study hours must be donated permanently from academic departments.
Because of the nature of our organization and the current source of our funding (mainly the presidential discretionary fund), we are subject to certain limitations*. Specifically, we cannot support or oppose any candidate for public office, or any legislation. However, we are free to act within the Earlham community as we choose.
*We are a 501C3

X. Respect Code

XI. Amendments to the Constitution
Amendments to the constitution will be made at Center meetings with a three-fourths majority vote. The vote will take place only after all member organizations, individuals and all other pertinent parties are informed and aware of the proposed amendment. If there is a situation where a vote was held with out the proper dispersion of information, an appeal could be made.
Members of the Center can be added to the official Center member list without the voting process, provided all current member organizations, individuals and all other pertinent parties are aware of the joining organization. The joining organization will then automatically be admitted into the Center provided that its fundamental purpose follows the mission of the Community Action Center of promoting the basic human rights.

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Procedures for Maintaining a Campus Free of Sweatshop Goods

Expectations:
Earlhamites are urged to work actively for peace-for the resolution of interpersonal conflict, and for the removal of the causes of violence, especially injustice. People at Earlham are encouraged to strive on a daily basis, and in our work beyond the campus, to enact a concern for a world with justice for every person and without violence.

Queries:

• Do I seek to eliminate the more subtle forms of violence in my relations with others?
• Do I work actively to promote social justice on the campus and in the larger society?
• Do I take seriously and, according to my gifts and leadings, act on opportunities to "think globally, act locally"?       ~1999 Earlham College Community Code: Student Handbook, p.5

1. Introduction: The College is committed to conducting its business affairs in a socially responsible manner consistent with its employment policies and educational mission and expects its manufacturers to conduct their business in a manner consistent with, and follow workplace standards that adhere to, this Code of Conduct as well as the Earlham College Community Code.
2. Notice: Throughout this Code, the term "contractor" shall include each contractor, subcontractor, agent, vendor, or manufacturer that is engaged in a manufacturing process that results in finished products for the consumer. "Manufacturing process" shall include assembly, packaging, shipping and receiving.

   As a condition of being permitted to produce and/or sell products bearing the name, trademarks and/or images of Earlham College, each contractor must comply with this Code. All contractors are required to adhere to this Code within twelve (12) months of notification of the Code.

3. Standards: As an institution concerned with respect for the consciousness of others, the pursuit of truth, and the application of this truth to the improvement of our world, Earlham College expects its contractors to take a leadership role on these crucial issues and to the extent possible, work on creative methods of exceeding the standards of this Code.

   Earlham College will only knowingly conduct business with contractors whose employees are present at work voluntarily, fairly compensated and not at undue risk of physical harm. In addition, the following specific guidelines must be adopted.

   1. Legal Compliance: College contractors must comply with all applicable legal requirements of the country in which their products are manufactured. Where this Code and the applicable laws of the country of manufacture conflict or differ, the more stringent standard shall prevail.
   2. Environmental Compliance: Contractors will protect residential areas around their factories and dispose of waste appropriately. Contractors will comply with local and national environmental regulations.
   3. Wages and Benefits: Contractors recognize that wages are essential to meeting workers' basic needs. Therefore, manufacturers must provide a living wage and benefits, which meet the basic needs of the average-sized family, as established by respected independent non-governmental human rights as well as university and religious organizations in consultation with local labor organizations. The living wage must meet basic food, housing, medical, clothing, educational and other needs, as well as provide a discretionary amount for workers to reinvest in their communities. Contractors will also comply with all applicable laws and regulations that match or exceed the local prevailing wages and benefits in the relevant industry.

      Deductions from wages for disciplinary measures shall not be permitted. Any deductions from wages not provided by national law and/or collective bargaining agreements shall not be permitted without the expressed permission of the worker concerned. All workers shall be provided written and understandable information in respect to wage and employment conditions before they enter employment. They shall also be provided the particulars of their wages for the pay period concerned each time that they are paid.

   4. Piece Rates: Recognizing that most apparel production operates under a piece-rate system and that piece-rates are closely connected with a living wage, manufacturers will insure that the piece-rate quotas are adjusted to what can reasonably be accomplished in an eight (8) hour period.
   5. Working Hours: Employees shall not be required to work more than the lesser of:
      1. forty (40) hours per week and eight (8) hours overtime, or
      2. the limits on regular hours allowed by the law of the country of manufacture;

      They shall be entitled to at least two days off in every 7-day period, as well as holidays and vacations.

   6. Overtime: In addition to their compensation for regular hours of work, employees shall be compensated for any volunteer overtime hours at the greater of either:
      1. one and a half times the regular rate of pay on holidays and the sixth consecutive day of work, or
      2. as is legally required in the country of the manufacturer.
   7. Child Labor: No person shall be employed at an age younger than fifteen, (15) unless where consistent with International Labor Organization practices for developing countries the law of the country of manufacture allows such exception. Where the age for completing compulsory education is higher than the standard for the minimum age of employment stated above, the higher age of completing compulsory education shall apply to this section. Contractors agree to work with governmental, human rights, women's and non-governmental organizations to minimize the negative impact on any child released from employment as a result of the enforcement of this Code. Under no circumstances should contractors simply release child laborers from employment as a result of this code without offering assistance in providing them an education. Young workers are encouraged to attend night school, and they will not be forced to work overtime hours that would prevent them from attending these classes. Priority for employment shall be given to relatives of a child released from employment as a direct or indirect result of this Code.
   8. Forced Labor: There shall not be any use of forced labor, whether in the form of prison labor, indentured labor, bonded labor or otherwise.
   9. Health and Safety: Employers shall (a) construct and maintain a safe and healthy working environment which will prevent accidents and injury to health, and (b) provide compensation for any injuries, illnesses or diseases which may arise in an employee as a result of her or his working for the employer. Clean drinking water will be made available in the factories and residential facilities, and workers will have unrestricted use of bathrooms. Workers will have adequate rest periods. To ensure that employees have clean air to breathe, lint extractors and adequate ventilation in all factories will remove airborne dust, lint and toxic fumes. Workers may leave work to receive medical care, and will at no time be locked into factories, compounds, residential facilities, or company property. Recognizing that many of their employees have families, childcare facilities will be provided at the factories or will be planned for implementation in the near future (12 months).
   10. Harassment or Abuse: Every employee shall be treated with respect and dignity. No employee shall be subjected to any physical, sexual, psychological or verbal harassment or abuse.
   11. Nondiscrimination: No person shall be subjected to any discrimination in employment--including hiring, salary, benefits, advancement, discipline, termination or retirement--on the basis of gender, race, religion, age, disability, sexual orientation, nationality, political opinion, social/ethnic origin or pregnancy status. Pregnancy tests will not be a condition of employment. Workers shall not be terminated without written explanation.
   12. Freedom of Association and Collective Bargaining:
       1. Employers shall recognize and respect the rights of employees to collectively bargain and form unions. If employees engage in the process of unionization, employers shall not retaliate against any employees. No threats shall be made; there shall be no indication to any employee that she or he will be punished if she or he expresses approval of the union, and/or decides to join the union.
       2. Once a union has been formed, employers shall negotiate in good faith with the union and its representatives.
   13. Temporary Workers: The use of temporary workers should not be a permanent practice of any contractor. Temporary workers are not to be used as a weapon against the employees in the case of a union struggle. They are not to be used by the contractors to escape from paying benefits to its part or full-time employees. After the employer has employed a temporary worker for six (6) months, she or he should have the opportunity, if she or he so desires, of being hired by the employer as a full or part-time worker.
   14. Differences or Conflicts of Standards: Where there are differences or conflicts between standards, the more stringent standard shall prevail.
   15. Labor Standards Environment: In countries where law or practice conflicts with these labor standards, contractors should work with governmental, human rights, labor and business organizations to achieve full compliance with these standards. Contractors should refrain from any actions that would diminish the protections of these labor standards.
       1. The College reserves the right to terminate relations with contractors that make goods in countries where: (a) progress toward implementation of the employment standards in the Code is no longer being made; (b) compliance with the employment standards in the Code is deemed impossible; or (c) manufacturers simply pull out of countries as a result of Code of Conduct pressure without attempting to alleviate the political, economic and social conditions of the country. Contractors should understand that simply terminating manufacturing operations in countries is not the answer, contractors should work to alleviate the political, economic and social conditions of the country by increasing workplace standards. However, should a contractor find it necessary to cancel a manufacturing process within a specific country, efforts should be made to improve the political, economic and social conditions in that country. The College has the right to determine whether these efforts are worthy of an extended contract.
       2. Nothing in the above should be construed as preventing contractors or manufacturers from retaining and/or rewarding workers on the basis of seniority, nor in pursuing equal opportunity employment policies.
       3. Women's Rights: Because the overwhelming majority of apparel workers are women, assuring and safeguarding women's rights is of particular importance for all parties. In addition to not discriminating on the basis of sex, pregnancy, marital status, or sexual orientation (as detailed above in Section M) , the following specific guidelines must be met:
          1. Women workers will receive equal remuneration, including benefits, equal treatment, equal evaluation of the quality of their work, and equal opportunity to fill all positions as male workers.
          2. Pregnancy tests will not be a condition of employment, nor will they be demanded of employees.
          3. Workers who take maternity leave will not face dismissal nor threat of dismissal, loss of seniority or deduction of wages, and will be able to return to their former employment at the same rate of pay and benefits.
          4. Manufacturers shall provide appropriate services and accommodations to women workers in connection with pregnancy.
          5. Workers will not be exposed to hazards, including glues and solvents that may endanger their safety, including their reproductive health. In extreme cases where exposure to such hazards is unavoidable, workers shall be provided the proper masks and protective equipment for their health and safety; faulty protective equipment will not be given to workers. Workers shall possess the right to ask for and acquire new protective equipment should theirs become faulty at any time.
          6. Workers will not be forced or pressured to use any means of contraception.
   16. Implementation and Public Disclosure of Information Provided by Contractors
       1. Required Information: In keeping with Earlham's pursuit of truth and letting evidence lead that pursuit of truth, as proposed by the Earlham Mission Statement, sixty (60) days after the signing of this code, and again six (6) months after the signing of the code, contractors shall provide the following to the college:
          1. The company names, addresses, owners and/or officers, phone numbers, e-mail addresses and nature of the business association for all of the contractors which are involved in the manufacturing process of items bearing the name, trademark and/or image of Earlham College which will be purchased through the college.
          2. Written assurances that they adhere to this Code; and
          3. A summary of the steps taken, and/or difficulties encountered, during the preceding year in implementing and enforcing this Code at each site.

          Note: Contractors shall immediately report to the college when changes occur that materially affect the application of these labor standards, such as the selection of a new factor.

       2. Proprietary: The manufacturer shall provide the information required under Paragraph A regardless of the proprietary nature of such information.
       3. Public Information: The College shall, within ninety (90) days of the signing of this code, and thirty (30) days after granting of any contract or order, make all information received under Paragraph A public- available to the college community and to the consumers of all goods covered under this code.
   17. Corrective Action Plan & Sixty (60) Days Notice

       Earlham College seeks to balance individual freedom, respect for the needs and consciences of others, and the wellbeing of the community as a whole (Earlham College Community Code: Student Handbook, p.3). In efforts to foster the mutually supportive community ideals that Earlham was founded on, the following corrective action plans have been created to offer Earlham's contractors-who are considered part of the Earlham Community, a chance to work together with the College to create a plan for maximum possible compliance to this Code of Conduct should full compliance be deemed impossible by both parties.

       1. Corrective Action Plan: If the College determines that any contractor has failed to comply with this Code, then the College will, upon consultation with the contractor, require that the contractor implement a corrective action plan on terms acceptable to the College. The remedy will, at a minimum, include taking all steps necessary to correct such violations including, and without limitation, paying all applicable back wages, or any portion of them found due to workers who manufactured the articles, and immediately reinstating workers illegally dismissed. The College reserves the right to terminate its relationship with any contractor that continues to conduct its business in violation of the corrective action plan. In such event, the College will provide the contractor with sixty (60) days written notice.
       2. Second Corrective Action Plan: Should a contractor fail to fully comply with the corrective action plan set by the College and there is clear evidence of gradual and continuous progress in compliance with the corrective action plan, a second corrective action plan may be granted. However, this will only be granted in select cases where the progress taking place is deemed satisfactory due to the current economic, political and/or social status of the country of manufacture. In such event, the College will provide the contractor with sixty (60) days to provide clear evidence of compliance with the second corrective action plan. It is ultimately up to the College to decide, once these sixty (60) days are completed, whether the contract should be extended or terminated.
   18. Mechanisms for Maintaining a Campus Free of Sweatshop Goods
       1. The Code as a Mechanism: In enacting this Code of Conduct Earlham College commits to only doing business with contractors following the Code throughout the manufacturing process. If evidence is presented of a manufacturer's violation and no attempt to resolve the violation is apparent, then business with that manufacturer will be discontinued.
       2. Establishing a Committee: A committee comprised of one or more students, faculty members, administrators, staff members, and one member of the Responsible Investments Committee, along with participation from other concerned members of the Earlham community, will act as the mechanism for coordinating with other college campaigns to help maintain and promote the Code of Conduct.
       3. Responsibilities: In accordance with the Earlham Academic Honor Code statement that "there can be no rights without individual responsibility," the Committee (see paragraph B) must comply to the following responsibilities:
          1. Researching Employers: The Committee will to the best of its abilities research the manufacturers with which the College does business and keep abreast of any relevant information about sweatshop-made goods in order to recognize violations of the College's Code of Conduct. This responsibility will include the compilation of a list of manufacturers with which the College does business and the maintenance of any relevant records necessary to effectively enforce the Code.
          2. Determining Violation of Code of Conduct Standards: The Committee will evaluate any alleged violation(s) of the College's Code of Conduct standards by reviewing independent documentation of abuses, and weigh the circumstances of the violation(s) and the efforts of the manufacturer to improve the conditions which led to the violation(s).
          3. Making Judgments on Violations: The Committee will have the final say on whether violations have been committed. Once a violation has been determined by the Committee, the relevant purchasing agent or officer of the College shall contact the employer found in violation and inform them of this judgment.
          4. Seeking Humane Manufacturers: The Committee will work with the College's purchasing agents to seek out employers that have instituted proactive mechanisms to insure sweat-free production of goods and give preference to said employers by urging the College to do business with them, taking into consideration competitive price, quality, and style. Preference will be given to those employers who agree to sign disclosure agreements. These will disclose locations of manufacture, assuring compliance with the Code, issuing a summary of steps taken to implement the Code, establishing internal and external monitoring, etc. In performing this role, the Committee will develop any guidelines, forms and contractual agreements necessary.
          5. Developing Mechanisms: The Committee will actively work with other developing mechanisms with other campuses that have signed Codes of Conduct to improve the effectiveness and efficiency of the Codes. Such mechanisms include the possibility of using an independent monitor; the creation of a coalition of campuses that would work together on this issue, disclosure agreements and more stringent living wage requirements.
       4. Annual Report: On the first of every March, the Committee will issue a public report on the status of its efforts to promote a campus free of sweatshop goods to the Earlham Community, including but not limited to: College Relations, Student Government, The Earlham Word, the Office of the President, the Staff and Faculty.
   19. Enforcement of Code of Conduct
       1. Informing Manufacturers of Policy: The College will communicate its reasons for terminating business relations when manufacturers are found to be in violation of the College's standards.
       2. Terminating Business Relationships: Once the Committee has determined that a manufacturer has violated the College's standards and that said manufacturer has not shown a commitment to rectify violations within a specified time frame, the College will immediately terminate all relations with the said manufacturer until it can demonstrate improved compliance. The burden of proof lies with the manufacturer to show that it has improved working conditions.
   20. After Adoption of Code
       1. At present, Earlham College has no licensing company (such as the Collegiate Licensing Company) but should the College ever seek to operate with a licensing company, the term "Contractor" in this code will apply to both the Licensee and the Contractors, maintaining the definitions of "Contractor" prescribed in Section II. The licensing company will then be in charge of disclosing the requested information to the Committee. The Code of Conduct will remain vital and continue to uphold its presence as a formula for maintaining a campus free of sweatshop goods.
       2. Upon adoption of this Code of Conduct, the College will immediately create the Committee and publicly promote the United Students against Sweatshops campaign. The Committee will work to influence the passage of similar Codes at other institutions.

For questions and/or comments, please contact Kumar Sathy, Earlham College, Drawer 1406, Richmond, IN 47374. Email: sathyku@earlham.edu

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