(a) Purpose. The purpose of this Section is to establish a formal written policy expressly prohibiting sexual harassment, to establish proper procedures for reporting allegations of sexual harassment, and to provide direction/guidance to employees regarding the types of conduct/behavior which constitute sexual harassment. Questions regarding this Section should be directed to the City Manager.
(b) Policy.
(1) It is the policy of the City of Conneaut to provide and maintain a professional, businesslike work environment free from all forms of unlawful discrimination, including sexual harassment. Employees of the City of Conneaut are hereby advised that sexual harassment is a violation of Federal and State Law and is strictly prohibited. Such conduct/behavior shall not be tolerated and shall result in prompt, severe disciplinary action up to and including dismissal. No employee shall be subjected to any form of sexual harassment by another employee or any third party (e.g. residents, vendors, users of City facilities, etc.). Rigorous and strict enforcement of this policy is expected at all managerial supervisory levels in an effort to maintain a workplace free of such conduct/behavior.
(2) The Courts have ruled that Employers have an affirmative duty to prevent sexual harassment from occurring. Therefore, it is the obligation of all Department and Division Heads and other supervisory personnel to maintain a workplace free from such conduct/behavior. Should such conduct/behavior occur, Department/Division Heads and other supervisory personnel must take prompt action to effectively address such conduct/behavior. Department/Division Heads and other supervisory personnel are also hereby strongly advised that their own conduct/behavior is held to a higher standard than non-supervisory personnel and, therefore, their behavior and conduct creates a higher degree of liability exposure for the City.
(3) Department/Division heads and other supervisory personnel are also hereby further advised that not only can their own conduct/behavior create greater liability for the City, it can also result in personal liability.
(c) Definitions.
Employee - all City of Conneaut personnel, including supervisory and non-supervisory, full-time, part-time, seasonal, and temporary. (For purposes of this policy, volunteers shall be considered as employees.)
Sexual Harassment - unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or when such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Examples of sexual harassment could include, but are not limited to, the following:
1. Pressure for sexual activity
2. Asking about a person's sexual fantasies, sexual preferences, or sexual activities
3. Unwelcome patting, hugging, or touching of a person's body, hair, or clothing
4. Repeatedly asking for a date after the person has expressed disinterest
5. Sexual innuendoes, jokes, or comments
6. Making sexual gestures with hands or through body movements
7. Disparaging remarks to a person about his/her gender or body
8. Marking suggestive facial expressions such as licking lips or wiggling tongue
9. Sexual graffiti or visuals
(d) Reporting/Investigatory Procedures.
(1) Reporting Procedure. An employee who believes he/she has been sexually harassed is encouraged to report such conduct/behavior through the applicable grievance procedure in his/her Collective Bargaining Agreement, directly to his/her Department/Division Head, or directly to the City Manager. It shall be the employee's right to choose the reporting option with which he/she is most comfortable. The employee's option to report an incident directly to the City Manager shall not be blocked, restricted, or prohibited in any way by Department/Division Heads or other supervisory personnel within the employee's Department/Division. Efforts at the Department/Divisional level to, in any way, block, restrict, or prohibit an employee's choice to report an incident directly to the City Manager shall result in disciplinary action.
(2) Investigatory Procedure. Upon receiving a report under the procedure referenced in subsection (d)(1) hereof, an investigation into the alleged conduct shall be completed in a prompt manner, with a full written report being made by or to the City Manager documenting the findings and recommending the appropriate action to be taken. Until such time the investigation is completed and any recommendations in the written report are implemented, the identities of the directly involved parties shall be kept as confidential as is reasonable under the circumstances. Following closure of the investigation, the investigation results shall be disclosed directly to the affected parties. Although Department/Division Heads may receive a report of alleged sexual harassment (under one of the reporting options identified in subsection (d)(1) hereof from within their Department/Division, and may conduct an investigation into the alleged conduct, Department/Division Heads are hereby advised to consult with the City Manager prior to initiating the investigation. Department/Division Heads are also hereby advised that they must keep the City Manager closely advised on the status of the investigation as it progresses. Upon receipt of the written report from a Department/Division Head, the City Manager shall discuss with such personnel any recommended action to be taken, to ensure the recommend action is appropriate given the circumstances in question as well as uniform and consistent with actions taken by the City in other cases involving like circumstances. Should the City Manager concur with the recommended action, such action shall be taken in a prompt manner.
(e) Protection from Retaliation. Employees who report incidents of sexual harassment in accordance with the procedure referred under subsection (d)(1) hereof, are protected from retaliatory conduct/behavior because they report such incidents. Retaliatory conduct/behavior on the part of Department/Division Heads, other supervisory personnel, co-workers or other employees is unlawful and shall not be tolerated. Such retaliatory conduct/behavior shall result in severe disciplinary action.
(Ord. 87-04. Passed 8-9-04.)