Code of Conduct

Folsom Down Under Incorporated acknowledges the traditional owners and ongoing custodians of Country across Australia and pays respect to Elders past, present and emerging and to the ongoing living culture of Aboriginal people. Folsom Down Under Incorporated acknowledges that sovereignty was never ceded. 

1. Purpose

The purpose of this Code of Conduct (the “Code”) is to establish clear behavioural expectations for all members, including the Management Committee, workers, volunteers, and participants engaged by the not for profit association Folsom Down Under Incorporated (the “Association”). The Code is designed to create and maintain a safe, respectful, and inclusive environment that fosters trust and integrity in all activities of the Association. This includes ensuring that behaviours related to obtaining clear, enthusiastic, informed and ongoing consent, managing discrimination, bullying and harassment, addressing false or malicious complaints, and appropriately handling evidence of unacceptable conduct  are fully aligned with the values of the Association.

Folsom Down Under Incorporated acknowledges that all people have a right to enjoy happiness as sexual beings and that consensual sexual activity is not shameful or wrong. Participation in Folsom Down Under Incorporated events will expose participants to positive sexual imagery and sexually explicit ideas. Because of the sexually explicit nature of this content, Folsom Down Under Incorporated is an adults only group. Online content and social events are restricted to people over the age of 18 years of age. 

2. Scope

This Code applies to:

• All members of the Association, including Management Committee members, general members, and volunteers.
• All workers engaged by the Association to perform or assist with activities or events, including as entertainers and service providers.
• All participants attending events organised or endorsed by the Association.

By participating in the activities of the Association, members, Committee members, workers and performers agree to comply with the terms of this Code.

This policy aims to enforce protections against unacceptable behaviour and embed proactive positive behaviours that support the principles of the Association.

3. Expected Behaviour

The Association is committed to providing a safe, accommodating, respectful and fun environment for participants free from all forms of discrimination, bullying and sexual harassment.  All people involved with The Association are required to treat others with dignity, courtesy and respect. 

Intersectionality refers to the ways in which different aspects of a person’s identity can expose them to overlapping forms of discrimination and marginalisation. The Association strongly supports, affirms and celebrates people’s right to identify with multiple communities and we recognise and understand that people’s intersectional experiences can place them at a higher risk of discrimination and victimisation, with resulting negative effects on health and wellbeing. 

All committee members, workers, performers engaged by the Association and event participants are entitled to: 

• Participation free from discrimination, bullying, and harrassment including sexual harassment,  
• Safety from rejection retaliations after saying “No”, withdrawing consent, or ceasing interactions with an individual, 
• The right to raise issues or to make an enquiry or complaint in a reasonable and respectful manner, discreetly and without being exposed to harm, 
• Reasonable accommodations in how they participate in activities, especially where needed to accommodate their culture, gender, sexual orientation, disability, religious beliefs or family responsibilities. 

All committee members, workers, performers engaged by the Association and event participants are expected to:

• Treat everyone with respect, dignity, courtesy and fairness.
• Accept “No” means “No”, and someone wearing fetish gear does not equal consent.
• Promote a culture of inclusivity, tolerance, and mutual support.
• Intervene quickly, discreetly and appropriately when they observe unacceptable behaviour and deem that it is safe and reasonable to do so by personal judgement.
• Act in accordance with the law, relevant regulations, and the policies of the Association including this Code.
• Avoid any form of behaviour that could harm the reputation, integrity, or good standing of the Association or its members.
• Be proactive in addressing concerns about inappropriate behaviours or misconduct and report them in accordance with this Code.
• Follow the standards of behaviour outlined in this policy. 
• Offer support to people who experience discrimination, bullying or sexual harassment, including providing information about how to make a complaint. 
• Respect the confidentiality of complaint resolution procedures and the identities of those involved.

3.1 Additional responsibilities of committee members and event organisers

Committee members and event organisers must also: 

• Model appropriate standards of behaviour. 
• Take steps to educate and make others aware of their obligations under this policy and the law.  
• Act fairly to resolve issues and enforce behavioural standards, making sure relevant parties are heard. 
• Help people de-escalate or resolve complaints informally, fairly and discreetly. 
• Refer formal complaints about breaches of this policy to the appropriate complaint handling person for investigation. 
• Ensure people who raise an issue or make a complaint receive acknowledgement that their matter has been received and is being investigated and that the source is not exposed to harm.
• Ensure that enforcement of this policy is based on truth and fairness and that no discriminatory or harmful requests for information are made. 
• Consider and act in the best interests of the community as well as the Association. 
• Provide a safe and welcoming space for everyone who engages with Folsom Down Under Incorporated.

3.2 Active Informed Consent

Folsom Down Under follows Victorian legislation regarding affirmative consent. More information can be found at https://www.sasvic.org.au/consent/#consent

In relation to participation with events and performances of an explicit nature, the Association acknowledges the importance of obtaining clear, enthusiastic, and ongoing informed consent.

All committee members, workers engaged by the Association and event participants must:

• Obtain active, informed consent from all relevant parties before engaging in any activity of an explicit or intimate nature, including physical contact or interaction with event attendees.
• Ensure that consent is clearly communicated, voluntary, and not coerced, and that it can be withdrawn at any time without consequence.
• WIn addition, workers must inform the Management Committee and event organisers about any concerns regarding consent or uncomfortable situations prior to or during any performance.

Active consent means you need to ask verbally for consent before touching someone. 

Consent must be given verbally, or in some circumstances by a deliberate gesture and eye contact. For instance, if you are on a dance floor and you ask if you can touch someone, they may nod agreement. In some play scenes, a person may not be able to give a verbal response because of a gag or they cannot nod because of a restraint. In those cases, consent can be given through a thumbs-up or similar affirmative gesture.  

A person who is incapacitated cannot give consent. 

Do not assume your kink or fetish is acceptable to the other person – Go slow with new play partners and inform them of your intentions before initiating or escalating any play.

Consent that has been given may be revoked at any time. 

Just because you have consented at the beginning, does not mean that you can’t revoke consent or change your mind while you’re in the middle of something. In play, on a dance floor or in a dark room, there are many ways you can revoke consent in the moment, including: 

• verbally – ‘no thank you’ 
• non-verbally – a common non-verbal refusal is to tap the person on the hand or push their hand away to say ‘no more thank you’ 
• walk away. 

If someone says ‘no’ to you (or non-verbally indicates to you that their consent is removed) you must stop immediately, respect their choice and not retaliate in any way.

Do not make the assumption that a person’s sexual orientation aligns with yours. Always seek active consent. 

Just because someone is dressed up in their outfit, that doesn’t mean they consent to doing anything with you. For example, just because you may like to be touched when you are wearing your rubber, you cannot assume that someone else wants to be touched or that they want to touch you.  

At Folsom Down Under events you must treat everyone with respect, and communicate just as you would want to be treated yourself. While implied consent is practised in some events run by other organisations or businesses, the Association insists on active informed consent at all events. 

Why is this important? 

• Folsom Down Under events may include all genders and all sexualities, however some events may also have a more specialised audience, relevant to that interest group   
• As per the Folsom Down Under inclusion policy, at key Folsom Down Under events, all sexualities and genders should be able to enjoy the spaces at events to the extent that they are comfortable 
• With a diverse range of attendees or even in more specialised groups, you cannot make assumptions about another attendees’ gender identity or sexuality 
• Consent is sexy, mandatory, and legally required. 

4. Unacceptable behaviours

4.1 Uninformed non-consensual involvement

In the context of private play/scenes, individuals negotiate and agree to their own limits and to what behaviour is acceptable and what is not acceptable. Uninformed non-consensual involvement in this play may occur when an individual maliciously withholds pertinent information about their intentions, or private play/scenes acted out at the Association’s events are observed by others who have not consented to be involved in or participate in that play or behaviour. 

The Association provides this policy to minimise possible harms or offence to others through disallowing the involvement of others in maliciously coercive or overtly offensive behaviour without their consent. The following is prohibited at the Association’s events: 

• Maliciously withholding information from a play partner or seeking out individuals who are unable to actively consent before engaging in play.
• Wearing makeup to simulate ‘blackface’, ‘yellowface’, ‘brownface’, or other offensive caricaturing.
• Nazi uniforms, swastikas, white supremacist or associated symbols.
• Realistic police uniforms.
• Functioning or realistic firearms. 
• Play involving consensual non-consent.
• Projectile devices or props, which may cause annoyance to others.

Any behaviour or action that involves malicious coercion or a lack of active informed consent is strictly prohibited and will require the Association and its members to respond quickly which may include capturing all relevant information from those involved. Evidence of such behaviours will be managed discreetly and unacceptable behaviour may result in suspension or termination of present and all future involvement with the Association. The association is committed to cooperating with any resulting investigations or intervention by authorities.

4.2 Discrimination, Bullying and Harassment

The Association is committed to creating an environment free from discrimination, bullying, harassment, and intimidation – regardless of age, race, gender, gender identity or expression, sexual orientation, disability, physical appearance, body size, personal beliefs, fetish interests, neurodiversity, employment (including sex work) or religion. If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination. The Association has a zero-tolerance policy towards harassment of participants in any form. Harassment of any kind is considered a serious breach of this policy.  

Harassment, discrimination and bullying are deemed unacceptable by the Association and are unlawful under the following legislation: 

• Sex Discrimination Act 1984 (Cth) 
• Racial Discrimination Act 1975 (Cth) 
• Disability Discrimination Act 1992 (Cth) 
• Age Discrimination Act 2004 (Cth) 
• Australian Human Rights Commission Act 1986 (Cth).  

Persons found to have engaged in such conduct might be counselled, warned, disciplined or disallowed from participation in the activities of the Association. 

The following behaviours are prohibited:

• Discrimination – treating, or proposing to treat, someone unfavourably based on a personal characteristic protected by the law, such as sex, age, race or disability.  Discrimination can occur directly – when a person or group is treated less favourably than another person or group in a similar situation because of a personal characteristic protected by law; or indirectly – when an unreasonable requirement, condition or practice is imposed that has, or is likely to have, the effect of disadvantaging people with a personal characteristic protected by law. 

Protected personal characteristics under Federal discrimination law include: 

• a disability, disease or injury, including work-related injury
• parental status or status as a carer, for example, because they are responsible for caring for children or other family members
• race, colour, descent, national origin, or ethnic background
• age, whether young or old, or because of age in general 
• sex 
• industrial activity, including being a member of an industrial organisation like a trade union or taking part in industrial activity, or deciding not to join a union
• religion,
• pregnancy and breastfeeding, 
• sexual orientation, intersex status or gender identity, including gay, lesbian, bisexual, transsexual, transgender, queer and heterosexual
• marital status, whether married, divorced, unmarried or in a de facto relationship or same sex relationship 
• political opinion
• social origin
• medical record
• an association with someone who has, or is assumed to have, one of these characteristics, such as being the parent of a child with a disability. 

It is also against the law to treat someone unfavourably because you assume they have a personal characteristic or may have it at some time in the future.   

• Bullying (covert or overt) – Bullying can take many forms, and for the purpose of this policy is defined as unreasonable behaviours that pose a risk to their health and safety (including psychological safety), which includes:
• Threats, exclusion, spreading rumours, jokes, teasing, nicknames, emails, pictures, text messages, social isolation, sarcasm and other forms of demeaning language, shouting, verbal abuse, coercion, inappropriate blaming, ganging up, constant unconstructive criticism, deliberately withholding information or equipment that a person needs, unfair work practices, false or malicious complaints, or undermining another person’s confidence or abilities,

and

• Inciting others to participate in or undertake the above behaviours. 

Bullying may be covert (e.g., subtle, indirect actions such as sabotage or malicious gossip) or overt (e.g., direct verbal abuse, threats, or intimidation).

Under Federal law, this behaviour does not have to be repeated to be discrimination – it may be a one-off event. 

• Harassment – Any unwelcome behaviour, conduct, or communication that offends, humiliates, intimidates, or otherwise creates a hostile or unsafe environment for another person. This includes transphobic harrassment, queerphobic or homophobic harrasment, sexual harassment, racial harassment. This includes but is not limited to:
• discrimination or unfair treatment towards anyone based on age, race, gender, gender identity or expression, sexual orientation, disability, physical appearance, body size, personal beliefs, fetish interest, neurodiversity, employment (including sex work) or religion, either physically or verbally
• Unwanted physical contact of any kind 
• Unwelcome sexual attention 
• Harassing photography or video recording 
• Deliberate intimidation, threats, stalking or following 
• Sustained disruption of events 
• Advocating for, or encouraging, any of the above behaviour. 

Participants asked to stop harassing behaviour are expected to comply immediately. ‘No’ means ‘No’ – if you are asked by another individual to leave them alone then you must respect their wishes. 

All incidents of harassment – no matter how large or small or who is involved – require event organisers and committee members to respond quickly and appropriately – and discretely where required to preserve confidentiality.

The Association recognises that comments and behaviour that do not offend one person can offend another. This policy requires all members and participants to respect other people’s limits. 

A single incident is enough to constitute harassment – it doesn’t have to be repeated. 

At the Association’s events, there will always be a committee member or other event staff clearly identified by an armband or some other visual means who you can speak to about any concerns at the event. 

Individuals experiencing harassment or having a conflict with another participant should cease further interaction and contact The Association’s committee who will handle all reports discreetly.

Any instances of discrimination, bullying or harassment, whether in person, via electronic communication, or through any other medium, will be addressed seriously by the Association, and evidence of such behaviours will be managed discreetly in order to cooperate with any resulting investigation(s).

4.3 False or Malicious Complaints 

The Association considers false or malicious complaints to be a form of bullying and defamatory behaviour. A complaint is considered false or malicious if it lacks evidence or factual basis and is made with the intention to damage the reputation of another individual or the Association itself. The following will be considered in the event a report of a breach of this Code is found to be made with the intention of causing harm, discrediting, or defaming another person without reasonable grounds:

• Enforcement actions already initiated to address a reported breach or complaint will cease, and any decisions retracted where necessary.
• The complainant may be subject to further investigation and termination of present and future involvement with the Association.

Any instances of false or malicious complaints made (including via electronic communication, or through any other medium) about the Association, its committee members, its event participants or workers, will be addressed seriously, and evidence of such behaviours will be managed discreetly in order to cooperate with any resulting investigation(s).

Such behaviour will be treated as a separate breach of this Code and be subject to investigations and enforcement actions as outlined below.

5. Evidence Gathering and Cooperation with Authorities

In instances where unacceptable behaviour is apparent, including discrimination, bullying, harassment, breach of consent, or false or malicious complaints, the Association reserves the right to gather evidence to support the investigation of such behaviours. This includes for the purposes of considering any necessary legal actions to protect the integrity and reputation of the Association.

Where necessary, evidence may be shared with relevant authorities (such as law enforcement, regulatory bodies, or legal representatives) to facilitate an investigation. Any associated individuals, Committee members, workers and performers are expected to cooperate fully with any formal investigations and provide relevant information or evidence as requested.

6. Reporting Misconduct

The Association strongly encourages anyone who believes they have been discriminated against, bullied, harassed or victimised to take appropriate action by speaking with an event staff member or contacting a member of the Association’s committee.  Event participants who observe any behaviour at the Association’s event(s) that appears contrary to this policy are welcome to discuss their concerns with the Association’s committee.

Any individual who experiences or witnesses a breach of this Code is encouraged to report the behaviour promptly: 

committee@folsom.org.au (group email to all committee members)

secretary@folsom.org.au

president@folsom.org.au

All reports will be treated confidentially, and no retaliation will be tolerated against anyone making a good faith report. If you wish to remain anonymous, you may provide a report via a third party intermediary; however, reports that remain completely anonymous will be less likely to result in further action simply because any investigation would be unable to follow up appropriately.

7. Enforcement of this Policy

If an event participant, event worker, performer or committee member is found to have breached this Code of Conduct -or is found to have more likely than not breached this Code of Conduct (for serious accusations)- the Association will take appropriate action.

Enforcement actions may include the following: 

• Counselling
• Warning 
• Removal from an event 
• Suspension or expulsion from the association  
• Being banned from attendance at future Folsom Down Under events 
• Referral to public safety or law enforcement. 

Questions regarding safety or application of the policy should be directed to the Association’s committee.        

7.1 Warnings 

Any of the Association’s committee members or an appropriate delegate of a subcommittee can issue a verbal warning to any individual or participant that their behaviour violates the Association’s policy on unacceptable conduct. Warnings should be reported to the Association’s committee as soon as practical. The report to the committee should include: 

• identifying information (name) of the participant 
• the time you issued the warning 
• the behaviour that was in violation 
• the approximate time of the behaviour (if different than the time of warning) 
• the circumstances surrounding the incident 
• your identity 
• other people involved in the incident. 

7.2 Taking reports at an event

When taking a report from someone experiencing unacceptable conduct you should record what they say and reassure them they are being taken seriously, but avoid making specific promises about what actions the organisers will take. Ask for any other information if the reporter has not volunteered it (such as time, place) but do not pressure them to provide it if they are reluctant. Even if the report lacks important details such as the identity of the person taking the harassing actions, it should still be recorded and passed along to the Association. If the reporter desires it, arrange for an escort by a committee member, contact a friend, and/or contact local law enforcement (with discretion). Do not pressure the reporter to take any action if they do not want to do it. Respect the reporter’s privacy by not sharing unnecessary details with others, especially individuals who were not involved with the situation or other participants. Reports should contain the above listed information. 

7.3 Expulsion from an event

A participant or any individual may be expelled by the decision of a member of the Association’s management committee or an appropriate delegate of a subcommittee, for any reasons they deem sufficient. However, as a guide, expulsion can be performed after:

• There have  been multiple warnings from event staff or committee members. 
• You observe or are alerted to behaviour(s) of continued harassment after ‘No’ or ‘Stop’ instructions were given.
• You observe or are alerted to a pattern of harassing behaviour, with or without there being prior warnings.
• You observe or are alerted to a single serious offence (e.g. punching or groping someone without active ongoing consent). 
• You observe or are alerted to a single obviously intentional offence (e.g. taking up-skirt photos). 

 7.4 Public statements 

As a general rule, event participants, the Association’s committee members, workers or appropriate delegate(s) of any subcommittee(ies) should not make any public statements about the behaviour of any individual during or after its being reported or action is being undertaken for enforcing the Code or the Association’s policy(ies). This includes comments via social media and digital communication platforms. 

If asked, provide no comment and direct all enquiries to the Associations’s management committee. 

7.5 Committee consideration of reports

Reports of conduct that goes against this Code may be made to the committee at any time. Reports will be considered based on the information and evidence available and may be referred to an intermediary or Disputes subcommittee where appropriate. Where matters pertain to an alleged criminal act, the committee will defer any judgements and refer the complainant(s) to the relevant authorities. 

Where a report is submitted and found to have insufficient information to make a decision, is a false or malicious complaint, or is made in bad faith – the Association’s committee, a relevant intermediary or a Disputes subcommittee will dismiss the report. The Association may retain all relevant information for further investigation where this represents a separate breach of this Code or the Association’s rules. 

7.6 Intermediary role

If a report is decided to be escalated by the management committee, and there are no members of the management committee who are impartial and unrelated to the individuals involved in the reported breach, an intermediary(ies) will be sought by the Association to oversee the decision-making regarding the reported breach. For example, a third party with experience as a mediator or arbiter, or a committee member from an unrelated community association. Preferably someone familiar with Incorporated Associations disputes resolution processes. 

If there is a real or perceived conflict of interest with any member of the management committee, that committee member will recuse themselves from meetings and decisions in relation to the alleged breach or be requested to recuse themselves by the chairperson of the relevant management committee meeting, and additional intermediaries appointed as needed. 

7.7 Disputes subcommittee

For the purpose of the Association’s rules, the Disputes subcommittee will operate with the same effect as a Disciplinary subcommittee. with regards to members. 

Following a reported breach of the Code, a meeting of the management committee can be called to consider the report or appoint a Disputes subcommittee. 

As per the Association’s rules, 10% of the Association’s members can also request a special general meeting (SGM) in writing, to form a Disputes subcommittee for addressing a reported breach and deciding any relevant disciplinary action should a member be reported to have breached the Code or the Association’s rules. If appropriate, a SGM will be called within 3 months.

The management committee meeting Chairperson will select committee members or third party intermediary(ies) to form the Disputes subcommittee of three people and serve as an unbiased decision-making panel. 

Once convened, the Disputes subcommittee will respond according to the nature of the report, giving consideration to the person making the report, the subject of the reported breach and the evidence available. 

A decision will be made based on the severity of the reported breach, the reliability and likely correctness of information, the impact on others, the recency of the breach, and remedies already undertaken by the individual. 

Per the Association’s rules for disciplinary action, the subcommittee will:

• Provide opportunity for the person reported to have breached the Code to be heard,
• Outline the disciplinary procedure to be completed as soon as reasonably practicable.
• Dismiss the report where information or evidence is insufficient to substantiate a breach of the Code.

Any person who is deemed by a meeting of the Association’s Disputes subcommittee to have egregiously violated this policy may have their participation in all Folsom Down Under events revoked and barred from participation in future events. If they are a member, the subcommittee may make a recommendation for suspension or expulsion from the Association, however they are entitled to further dispute resolution per the Association’s rules. 

The Association’s committee will separately consider its position regarding harm or damages under the Association’s rules, and will cooperate with any subsequent investigations, relevant legal representatives or authorities.

Any person whose participation or membership is suspended or removed, is automatically prohibited from seeking to attend or participating in any subsequent events until such time as their attendance is approved by a subsequent meeting of the Association’s committee. 

The Association’s Disputes subcommittee is the final arbiter of behaviour under this policy. 

8. Privacy and Confidentiality

The Association is committed to protecting the privacy of individuals involved in any complaints or investigations. Personal information will be collected and stored in accordance with the Privacy Act 1988 (Cth) and the Association’s privacy policy. Information will only be shared with relevant parties on a need-to-know basis, and any public disclosure will be managed with caution and only provided when a clear determination can be made to avoid harm to individuals involved.

9. Acknowledgement of the Code

By becoming a committee member, performer or worker of the Association, each individual acknowledges that they have read and understood the Code of Conduct and agree to comply with its terms.

Acknowledgement Form

I, the undersigned, acknowledge that I have read and understood the Folsom Down Under Incorporated Code of Conduct. I agree to abide by the Code and understand the consequences of failing to do so.

Signature:

Name:

Date: 

10. Review and Amendments

The Association welcomes constructive criticism and comments on how to make our group more inclusive and diversity friendly. If you have any feedback or a query about this policy or need more information, please contact any member of the Association’s committee: committee@folsom.org.au

This Code will be reviewed periodically, at least every two years, to ensure it remains relevant, effective, and aligned with the objectives of the Association. Amendments to the Code will be communicated publicly.

Adopted by the Management Committee on: 2024-11-19

This Code of Conduct is designed to ensure a safe, respectful, and legally compliant environment for all members, workers, and event attendees, with particular emphasis on the importance of obtaining clear and ongoing informed consent in entertainment settings and addressing bullying, harassment, defamatory behaviour, and cooperation with investigations.