§ 38.350 FALSE REPORTS PROHIBITED.

(A) The County of DeWitt takes allegations of discrimination, harassment and sexual misconduct very seriously. It will actively investigate all complaints.

(B) It is helpful for the employee to directly inform the offending individual that the conduct is unwelcome and must stop. The employee should use the County of DeWitt's complaint procedure to advise the County of DeWitt of any perceived violation of this policy as soon as it occurs.

(1) Bringing a complaint.

(a) Any employee of County of DeWitt, who believes that there has been a violation of this policy may bring the matter to the attention of County of DeWitt in one of the following ways:

1. Advising his or her supervisor or the Ethics Officer for County of DeWitt; or

2. Advising the offending employee's supervisor, the County State's Attorney or the County Clerk in the event that the alleged harasser is the State's Attorney.

(b) If the complaint involves someone in the employee's direct line of command, then the employee should go directly to the State's Attorney or the Ethics Officer.

(d) County of DeWitt will take steps to ensure that complaints made are kept confidential to

the extent permissible under the law. Individuals who are involved in an investigation under this policy are required to keep the matter confidential to the fullest extent permitted under the law.

(2) Resolution of a complaint. Promptly after a complaint is submitted, the County of DeWitt will undertake such investigation, corrective and preventive actions as are appropriate. In general, the procedure in resolving any complaints can (but will not necessarily) include any of the following items:

(a) A meeting between the employee making the complaint and an individual designated by County of DeWitt to investigate such complaints. Important data to be provided by the complaining employee includes the following:

1. A description of the specific offensive conduct;

2. Identification of all person(s) who engaged in the conduct;

3. The location where the conduct occurred;

4. The time when the conduct occurred;

5. Whether there were any witnesses to the conduct;

6. Whether conduct of a similar nature has occurred on prior occasions;

7. Whether there are any documents which would support the complaining employee's allegations;

8. What impact the conduct had on the complaining employee;

(b) While not required, County of DeWitt encourages anyone who makes a complaint under this policy to provide a written statement setting forth the above details and attaching any pertinent records.

(c) After a complaint is submitted by the employee, the alleged offending individual should be contacted by a designated representative of County of DeWitt. The alleged offending individual should be advised of the charges brought against him or her, and may be provided with a copy of the written statement of complaint made by the complaining employee (if applicable). The alleged offending individual should have an opportunity to fully explain his or her side of the circumstances, and may also submit a written statement, if desired.

(d) After the alleged offending individual is interviewed, any witnesses identified by either the complaining employee or the alleged offending individual may be interviewed separately.

(e) Once this investigation is completed, County of DeWitt will take such action as is appropriate based upon the information obtained in the investigation. In the event that County of DeWitt finds merit in the charges made by the complaining employee, disciplinary action will be taken against the offending employee. This disciplinary action may, but need not necessarily, include:

1. Verbal or written reprimand;

2. Placing the offending employee on a corrective action plan for a period of time to be identified;

3. Delay in pay increases or promotions;

4. Suspending the offending employee from work without pay;

5. Demotion;

6. Immediate termination.

(f) Upon completion of the investigation, County of DeWitt will advise the complaining employee of the results of the investigation, including action taken, if any, against the offending individual.

(C) When investigating alleged violations of this policy, County of DeWitt looks at the whole record including, but not limited to, the nature of the allegations, the context in which the alleged incidents occurred, and the statements of the parties and witnesses. A determination on the allegations is made from the facts on a case-by-case basis.