(a) Any employee who feels that he or she has been the victim of discrimination or harassment shall report the incident within fifteen (15) working days of the incident which gave rise to the complaint. While a written statement is preferred, the individual may make the complaint verbally. The complaint shall be made to the employee's department head and shall include the date, time and a description of the alleged discrimination or harassment. If it is inappropriate for the complainant to make the complaint to his or her department head, then the complaint shall be made to the Director of Law. If the Director of Law is the subject of the complaint, it shall instead be made directly to the Mayor.
(b) A department head shall be responsible for forwarding the complaint to the Director of Law, who immediately upon receipt, shall advise the Mayor of the complaint.
(c) An investigation shall immediately commence upon receipt of a report of discrimination or harassment. The Director of Law shall conduct or direct the investigation and shall immediately contact the person who allegedly engaged in the discrimination or harassment and inform him or her of the basis of the complaint and afford the person the opportunity to respond. The investigation may include, but is not limited to, questioning witnesses to the alleged conduct. Employee witnesses are required to participate in any investigation.
(d) Within five (5) working days of the receipt of the complaint and upon notice to all parties, the investigator shall meet with all affected parties to make a determination of facts and to attempt to resolve the matter, if appropriate.
(e) If the matter cannot be resolved, then the investigation and determination of facts shall be completed within ten (10) business days of receipt of the complaint and upon notice to all parties and such information shall immediately be provided to the Mayor or the Mayor's designee. In determining whether the alleged conduct constitutes discrimination or harassment, the Mayor or the Mayor's designee shall look at the record as a whole and the totality of the circumstances and the context in which the alleged incidents occurred.
(f) Every complaint will be handled as discreetly as possible; however, the City of Berea cannot and does not guarantee complete confidentiality of any such matter and will comply with any requirements set forth in Ohio R.C. 149.43.
(Ord. 2021-22. Passed 5-3-21.)