A. An employee who either experiences or witnesses any form of sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly as possible by clearly communicating her/his position to the offender and her/his immediate supervisor. An employee who either experiences or witnesses any form of sexual harassment or believes herself/himself to be the object of sexual harassment should promptly report such incidents in accordance with the procedures described below. It is not necessary for the sexual harassment to be directed at the person making the report. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment or discrimination. Therefore, prompt reporting of complaints or concerns is strongly encouraged by the Village to allow it to take rapid and constructive action. All sexual harassment complaints received will be thoroughly investigated by the Village.
B. Any employee may make a complaint using the following procedures:
1. Electronic/Direct Communication With The Offender: If there is behavior which constitutes sexual harassment in the workplace, the harassed employee should directly, firmly and clearly communicate that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal, but documentation of the notice should be made. If subsequent messages are needed, they should be put in writing in a note or a memorandum.
2. Report/Contact With Supervisory Personnel: At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, or if the employee feels uncomfortable speaking with the immediate supervisor, or the immediate supervisor is the source of the problem, to a department head, Ethics Officer, or an appropriate member of management.
The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the Village will not be presumed to have knowledge of the harassment.
3. Resolution Outside The Village: All Village employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities.
4. Documentation Of Incident: Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.
C. All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the Village. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome.
D. Any elected official may make a complaint of sexual harassment and seek independent review of such according to the following policy:
1. An elected official who either observes another elected official engage in sexual harassment or believes themselves to be the object of sexual harassment by another elected official may report such conduct for independent review to the Village Attorney. If the Village Attorney believes a conflict exists which prevents her or him from conducting an independent review, the Village Attorney must notify the Village of such conflict. Upon receiving notification of the conflict, the Board of Trustees shall authorize the engagement of outside legal counsel to conduct the review.
2. The Village Attorney or outside legal counsel shall conduct an independent review of the allegations and provide any findings to the corporate authorities of the Village. Any documents, communications or other records created pursuant to the review shall remain confidential, subject to attorney-client privilege, and will not be disclosed unless such disclosure is authorized by resolution with the concurrence of a majority of all members then holding office on the Board of Trustees, including the Mayor, or as otherwise required by applicable local, state, or federal law.
3. Such records shall also be presumed as exempt from disclosure under the Freedom of Information Act, to the extent it is applicable. (Ord. 2018-01, 1-3-2018; amd. Ord. 2020-1, 1-21-2020)