Anti-Trafficking

Scope

All Indiana University units.

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Policy Statement

1. Indiana University has a zero-tolerance policy on trafficking in persons. Trafficking in persons includes:
   1. Recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
   2. Exploitation includes, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude, or the removal of organs.
2. Indiana University employees are prohibited from engaging in any of the following types of trafficking-related activities:
   
   1. Using misleading or fraudulent recruitment practices during the recruitment of employees, such as failing to disclose basic information or making material misrepresentations regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, living conditions and housing (if employer provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work;
   2. Charging employees recruitment fees;
   3. Destroying, concealing, confiscating, or otherwise denying employees access to their identity documents, such as passports or drivers' licenses;
   4. Providing or arranging housing that fails to meet the host country housing and safety standards;
   5. For portions of contracts and subcontracts:
      1. Performed outside the United States, failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract;
      2. Failing to pay return transportation costs upon the end of employment, for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee;
      3. Other specific activities that the Federal Acquisition Regulation (FAR) Council identifies as directly supporting or promoting trafficking individuals, the procurement of commercial sex acts, or the use of forced labor in the performance of the contract or subcontract.
      4. The requirements set forth in (5)(a) and (5)(b) above shall not apply to the following:
         1. An employee who is legally permitted to remain in the country of employment and who chooses to do so; or
         2. An employee who is a victim of trafficking and is seeking victim services or legal redress in the country of employment, or an employee who is a witness in a trafficking-related enforcement action.
3. Indiana University is committed to ensuring its contractors and agents do not engage in trafficking individuals by:
   1. Implementing a compliance plan including an awareness program at all project tiers and dollar values;
   2. Providing resources to detect and report trafficking;
   3. Partnering with recruitment companies with trained employees to ensure wages meet applicable host-country legal requirements;
   4. Terminating any agents, contractors, or employees who engage in the activities prohibited by this policy.

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Reason for Policy

The defining element of human trafficking is exploitation, an element which poses a threat to the core values of Indiana University as defined by the Principles of Ethical Conduct. Federal law, state law, and Indiana University policy prohibit human trafficking in all forms. Furthermore, federal law requires that an anti-trafficking compliance program be in place for any federal contractors and sub-contractors where the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000.

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Procedures

1. Indiana University employees shall cooperate fully in providing reasonable access to allow contracting agencies and other responsible enforcement agencies to conduct audits, investigations, or other actions to ascertain compliance with the Traffic Victim Protection Act (TVPA), Executive Order 13627, or any other applicable law or regulations establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor.
2. For federal contracts and sub-contracts where the estimated value of the supplies acquired or services required to be performed outside the United States exceeds $500,000, the University Compliance and Policy Office shall be contacted to assist in creating a tailored compliance plan specific to the project.
3. Always contact 911 or law enforcement if you or someone you know is in immediate danger. Indiana University employees shall notify the University Compliance and Policy Office (comply@iu.edu or 317-274-2667) or Office of the Vice President and General Counsel if they become aware of any activities that they suspect are related to or meet the definitions of trafficking in persons. Reports can also be made through the university’s anonymous reporting hotline at 888-236-7542 or online at https://secure.ethicspoint.com/domain/media/en/gui/17361/index.html.
4. Indiana state law requires that any individual who has reason to believe that a child/minor is a victim of child abuse or neglect (including trafficking activities) has an affirmative duty to make an oral report to the Child Protective Services (CPS) 1-800-800-5556, their local law enforcement, or to the IU Police Department. Failure to report may result in criminal charges. See PS-01, Programs Involving Children for more information.
5. If you believe you have information about a potential trafficking situation or would like to request information, you should contact the National Human Trafficking Resource Center (NHTRC) via the toll-free hotline at 1-888-373-7888 or submit a tip online through the NHRTC anonymous online reporting form. Possible violations regarding trafficking individuals can also be reported to the Global Human Trafficking hotline at 1-844-888-FREE or by email at help@befree.org.
6. Indiana University prohibits taking any retaliatory action against individuals who make a good faith disclosure of suspected wrongful conduct. See UA-04, Whistleblower Protection. Individuals are protected from acts of retaliation for reporting concerns or suspected wrongful conduct in good faith, consistent with applicable federal and state laws as well as university policy.
7. If required by law or contract, Indiana University will provide an employment contract, recruitment agreement, or other required work document in writing. These documents shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The information contained in the employee’s work documents shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons

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Sanctions

Any violations of university policies by an individual will be addressed in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university or, in the case of a contractor or agent, termination of the contract. Suspected violations of law will be referred to law enforcement or the appropriate federal agency and may result in criminal penalties.

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History

This policy was adopted on October 10, 2006.

This policy was amended on March 31, 2016, and updated on February 14, 2022.

Non-substantive updates to office names were made on May 19, 2023.

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