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California Anti-Discrimination and Sexual Harassment Policy

 

Policy

Via Transportation, Inc. and its affiliates and subsidiaries operating in California, including Nomad Transit LLC (together, “Via”, “we” or “our”) are committed to providing an environment free from sexual assault and sexual harassment, including when such conduct is based on a protected category, such as sex and/or gender, gender identity, gender expression, and sexual orientation, and an environment free from retaliation for participating in any protected activity covered by this policy. Accordingly, we have adopted this policy, which is designed to promote safety, encourage respectful behavior, and prevent sexual assault and sexual harassment by any user of our applications, platforms, or other services, including both independent contractor driver partners and riders (together, “Users”). 

Nomad has a zero-tolerance policy for and strict prohibition against any form of sexual harassment or sexual assault by anyone. Sexual harassment and sexual assault are offensive, unlawful, and inconsistent with our company values and policies. To ensure public safety and positive User experiences, we will take appropriate corrective action, up to and including the termination of Users’ agreements or accounts in response to violations of this policy––even in cases where the violation does not rise to the level of unlawful conduct.

Sexual harassment and sexual assault are offensive, violations of our policies, and unlawful. Nomad prohibits all unlawful sexual assault and sexual harassment based on statuses protected by federal, state or local law, including but not limited to sex and/or gender, gender identity, gender expression, and sexual orientation. In addition, Nomad prohibits retaliation against a person who engages in activities protected under this policy. Reporting, or assisting in reporting, suspected violations of this policy and cooperating in investigations or proceedings arising out of a violation of this policy are protected activities.

All Users are expected to assume responsibility for maintaining an environment that is free from sexual assault, sexual harassment, and retaliation. Users are encouraged to promptly report conduct that they believe violates this policy so that we have an opportunity to investigate, address, and/or resolve any concerns. We are committed to responding to alleged violations of this policy in a timely and fair manner and to taking appropriate action aimed at ending the prohibited conduct to promote public safety for all Users.

This policy applies to all Users in California where Nomad operates as a registered transportation network company (“TNC”) and, along with its parent company Via Transportation, Inc. (“Via”), provides Software as a Service (“SaaS”) products and transportation operations. This policy shall not control where Nomad does not operate as a registered TNC and instead an affiliated company solely provides SaaS products and services to transit agency, corporate, or non-profit customers (collectively, “Third-Party Partners”). In such instances, the Third-Party Partners’ policies will govern. Except in their capacity as Users of the Via Platform, Via employees, including supervisors and managers, as well as interns and unpaid volunteers will be governed by Via’s employment policies, which expressly prohibit unlawful discrimination, retaliation and harassment of any kind, including sexual harassment.

‍User Rights

  • The right to access a TNC platform free from sexual assault and sexual harassment.
  • The right to file a complaint of sexual assault or sexual harassment. Users are encouraged to report inappropriate conduct immediately and, whenever possible, in writing to our Support team.
  • The right to a full, impartial and prompt investigation by a Nomad representative or designee into allegations of conduct that would violate this policy. Please note that Nomad will endeavor to keep reporting of complaints confidential to the extent possible.
  • The right to be represented by a person of the complainant’s choosing at each and all steps of the complaint process at the complainant’s own expense.
  • The right to be free from retaliation or reprisal after filing a complaint or participating in the complaint process.

Conduct prohibited by this policy and definitions

Discrimination:

‍Discrimination is prohibited on the basis of race, color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 years and over), sexual orientation, veteran and/or military status, victim status, political affiliation, and any other status protected by federal, state or local law. Discrimination prohibited by this policy includes refusal to transport a rider traveling with a service animal or any other kind of unlawful discrimination against service animals.  In addition, consistent with the rules and regulations of the California Public Utilities Commission governing transportation network companies, drivers using the Via platform may not discriminate against passengers or potential passengers on the basis of the geographic endpoints of the ride. Further, to the extent that riders may provide ratings of driver partners or vice versa on the Via platform, they may not do so on the basis of unlawful discrimination.
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‍Harassment:  

As used in this policy, assault is defined as touching or attempting to touch the body of a rider or driver against the rider or driver’s will. Sexual assault may include the actions described above, as well as the attempted touching of a sexual body part (e.g., the mouth, breasts, buttocks, or genitalia); attempted kissing of a sexual body part; attempted non-consensual sexual penetration; non-consensual touching of a sexual body part; non-consensual kissing of a sexual body part; non-consensual sexual penetration; attempted kissing of a non-sexual body part; attempted touching of a non-sexual body part; non-consensual touching of a non-sexual body part; and non-consensual kissing of a non-sexual body part. 


‍Sexual Harassment:  

For the purposes of this policy, sexual harassment is defined as an act of unwelcome visual, verbal, nonverbal, or physical conduct (either a single act or multiple acts) that is directed at a rider or driver based on their sex and/or gender (including gender identity, gender expression, and sexual orientation) and which creates an intimidating, hostile, or offensive environment to a reasonable person. By way of illustration only, sexual harassment may include, but is not limited to: 

  • comments about or asking personal questions (which would include questions about the User’s personal life, home address, contact information, romantic, or sexual preferences); 
  • comments about or gestures regarding appearance; 
  • flirting; 
  • staring or leering; 
  • explicit sexually suggestive gestures; 
  • explicit sexually suggestive comments; 
  • displaying of indecent material; 
  • displaying indecent photography/video without consent; 
  • soliciting a sexual act; masturbation or engaging in acts of indecent exposure; 
  • turning general conversations into conversations regarding sex; and/or 
  • verbal threats of a sexual nature.

Addressing and reporting discrimination and harassment

Any User who experiences or witnesses behavior that they believe violates this policy is encouraged to immediately report the behavior to the Support team. Such complaints may be brought forward verbally or in writing. Users can submit written complaints using the attached Complaint Form or by contacting our Support team at support@ridewithvia.com.  

Where Nomad receives allegations of misconduct in violation of this policy, it will conduct a fair, timely, and thorough investigation to reach reasonable conclusions based on the information collected. Even in the absence of a formal complaint, Nomad may initiate an investigation where it has reason to believe that conduct that violates this policy has occurred. Moreover, even where a complainant conveys a request to withdraw their initial formal complaint, Nomad may continue the investigation to ensure that the Via Platform promotes public safety for all Users and is free from sexual assault, sexual harassment, and retaliation.

Nomad acknowledges that complaints may be made anonymously. Anonymous complaints will be investigated, and all investigations will be fair, impartial, timely, and completed by qualified personnel.   

To the extent possible, Nomad will endeavor to keep the complaint confidential; however, complete confidentiality may not be guaranteed if it interferes with Nomad’s ability to fulfill its obligations under this policy or applicable law. 

Please note that we may, at our sole discretion, suspend a User’s account until our review of a complaint is complete. Based on information collected during the investigation, a User who we determine to have been responsible for violation of this policy may be subject to disaffiliation or deactivation, preventing them from accessing the Via Platform in the future to ensure User safety. Additionally, we will cooperate with any law enforcement investigation in accordance with our policies, including our Privacy Policy, and applicable laws.

Please remember that you may also have the right to file a complaint with appropriate state or federal agencies, or to file a civil action in the appropriate court.

Corrective action guidelines

Nomad will take appropriate corrective action during and/or following an investigation of sexual assault and/or sexual harassment in which the allegations in a complaint were substantiated. If Nomad determines that a User has been responsible for a policy violation, such User may be subject to disaffiliation or deactivation, which will prevent them from accessing the Via Platform in the future.

California anti-discrimination and sexual harassment policy complaint form

Nomad Transit LLC (“Nomad”) take allegations of sexual assault and sexual harassment very seriously. If you are aware of conduct that may violate Nomad’s California Sexual Assault and Sexual Harassment Policy (the “Policy”), please complete the below complaint form to the best of your ability. If you require assistance with completing this form or if you would like to speak with a representative about your experience, please contact our Support team at support@ridewithvia.com.  

COMPLAINANT INFORMATION

NAME: _________________________________________________________________________

LOCATION: _____________________________________________________________________

PHONE:  __________________    EMAIL: ______________________________________________ 

PREFERED FORM OF CONTACT: [__] PHONE, [__] EMAIL, Other: ________________

Please describe the conduct that you believe violates Via’s California Anti- Discrimination and Sexual Harassment Policy. In your narrative, describe: (1) what happened to you or what conduct you witnessed; (2) why you believe the conduct was discrimination, harassment, or retaliation, including the reason or evidence you have to support your belief, and; (3) when the actions occured (attach additional pages if needed). If you require assistance with completing this form, please contact our Support team at support@ridewithvia.com.     

Below,  please describe: (1) what happened to you or what conduct you witnessed; (2) who engaged in misconduct or misbehavior (i.e., driver, rider); (3) why you believe the conduct constituted sexual assault, sexual harassment, or retaliation, including the reason or evidence you have to support your belief, and; (4) when (approximate date/time) the incident(s) occurred (attach additional pages if needed).

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

PERSON(S) WITH INFORMATION OR KNOWLEDGE OF THE INCIDENT: 

_________________________________________________________________________

HAVE YOU PREVIOUSLY SUBMITTED A COMPLAINT TO NOMAD ABOUT THIS INCIDENT? If yes, please provide an explanation of the previous complaint. When did you submit the complaint, how was it submitted (verbally or in writing), to whom, and what was the result? 

_________________________________________________________________________

Please submit to the Via Support team at support@ridewithvia.com.