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ANTI-HARASSMENT POLICY
(A) It is the policy of the county government to provide to all officials and employees a productive work environment free of harassment based upon gender, ethnicity, race, religious affiliation, age and physical and mental disability, as well as sexual harassment. It is the right of all employees to work in an environment free from harassment, and the responsibility of all employees to refrain from harassment. The county prohibits sexual harassment and harassment based upon gender, ethnicity, race, religious affiliation and physical and mental disability of and by its employees. Harassment is inappropriate, offensive and, in specific cases, may be illegal and will not be tolerated by the county.
(B) HARASSMENT refers to physical or verbal actions that have the purpose or effect of substantially or unreasonably interfering with a person’s work performance; and which create a hostile, intimidating or offensive environment. The actions, intentional or not, can annoy or disturb members of one sex, ethnicity, race, religion, age and disability. Examples include, but are not limited to:
(1) Unwelcome sexual advances, requests for sexual favors or physical conduct of a sexual nature;
(2) Any sexual, ethnic, racial, gender or religious related jokes, comments, insults, cartoons, innuendoes or personal conduct or mannerisms that could be construed as offensive, intimidating or hostile as measured from the point of view of a reasonable person of the same gender, ethnicity, race, religion, age or physical and mental capability;
(3) Demeaning, insulting, intimidating or sexually suggestive comments about an individual;
(4) Repeated unwanted, unwarranted or unsolicited off-duty telephone calls, contact or conduct which violates this policy;
(5) Transferring, promoting, demoting or dismissing employees who receive sexual advances, (i.e., submission to or rejection of the conduct is used as the basis for employment decisions); and
(6) Displaying/circulating or permitting the display/circulation of pictures, drawings, graffiti, written materials, photographs, other objects, recorded or electronically transmitted messages that could be considered demeaning, insulting, intimidating or sexually suggestive.
(C) (1) The county directs all employees and supervisory personnel within the county to ensure that their workplaces are free of harassment.
(2) Department heads and supervisory personnel shall be responsible for supporting training on sexual, ethnic, racial, religious, age and disability-related harassment prevention and this harassment policy. Department heads and supervisory personnel shall post and distribute this policy, encourage employees to report harassment incidents and assure employees they do not have to endure a hostile or negative work environment.
(Ord. passed 11-28-2011)
(A) Confidentiality. Employees are encouraged to report incidents of harassment and/or ask questions about conduct that may be considered harassment of any kind in confidence and without fear of retaliation. The disclosure of allegations shall be restricted to individuals directly involved with the incident or in the investigation process and shall not be discussed with anyone else. It is as important to protect the confidentiality rights of the alleged harasser as it is the rights of the complainant. Any employee bringing a good faith harassment complaint or assisting in the investigation of a complaint will not be adversely affected in the terms and conditions of employment, nor discriminated against or discharged because of the complaint or assistance.
(B) False or frivolous complaints. False and frivolous charges refer to cases where the complainant is using a harassment complaint to accomplish some end other than stopping harassment based upon gender, ethnicity, race, religious affiliation, age and mental and physical disability, and more specifically sexual harassment. This does not include charges made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false and/or frivolous charge is a severe offense that will result in disciplinary action as suggested in division (F)(1) below.
(C) Initial step.
(1) An employee who believes that she or he is being harassed may first identify the offensive behavior to the offending party as directly and firmly as possible and request that it stop.
(2) Employees are particularly urged to take this step if they believe that the offensive conduct may be unintentional.
(3) However, if the employee does not feel comfortable confronting the offending party; feels threatened or intimated by the situation; or the behavior continues after a confrontation with the offending party, a written complaint should be filed in accordance with the county policy.
(D) Reporting.
(1) All complaints should be in writing, describing in detail the following:
(a) Name of the offending party;
(b) Nature of the offending conduct;
(c) Date, time and location of the incident;
(d) Whether the offending party was advised by the victim to stop; and
(e) Whether the offending party stopped suspect action after notification by the victim.
(2) The written complaint must be filed in accordance with the county’s procedure. Complaints should be filed with the department supervisory personnel. In the event that the alleged harasser is a non-employee, the incident shall be reported to supervisory personnel or department head who shall take all appropriate action and may wish to confer with the State’s Attorney’s Office or the Sheriff’s Department in regards to the incident. In the event that the supervisory personnel is the alleged harasser, the employee should then file the complaint with the next higher supervisory personnel or the department head. If an appointed department head or elected official, other than the Finance Chair, is the alleged harasser, the complaint should be filed with the Finance Committee Chair. In the event the Finance Committee Chair is the alleged harasser, the complaint should be filed with the County Board Chair.
(E) Investigation.
(1) Once the proper authority has been notified that authority shall designate an investigating party which that authority deems as having the knowledge, ability and expertise to conduct a thorough and complete investigation, the investigating party shall immediately initiate a thorough investigation. The complainant shall be assured confidentiality in the investigation to the extent possible. The complainant should be made aware, that in order to investigate the complaint to its fullest extent, it may be necessary to make his or her name known and/or necessary for the complainant to confront the alleged harasser. Confidentiality shall be maintained in conducting a property investigation.
(2) In order to assure a proper and thorough investigation, all investigations of any harassment charges shall be conducted in the following manner.
(a) The investigating party shall conduct an interview with the employee who filed the complaint. The intent of the interview is to determine a true and complete account of the complaint. The following information should be sought in the interview: severity of conduct; the number and frequency of acts of alleged harassment; the apparent intent of the alleged harasser; the relationship of the parties; and the relative work environment.
(b) The investigating party shall interview all other individuals who witnessed or may have witnessed the incident and/or who may have knowledge of the incident.
(c) The investigating party shall interview the alleged harasser and inform the individual that a complaint has been made against him or her. The individual shall be informed that the incident is not to be discussed with co-workers and that retaliatory action against the complainant will not be tolerated and will result in disciplinary action.
(d) The investigating party shall review any other relevant information or evidence and/or interview any other relevant witnesses.
(e) The investigating party shall make a written record of the interviews and any other aspects of the investigation, noting the suggested disciplinary action set forth in this policy.
(f) The investigating party shall prepare a written summary of the findings of the investigation. These findings shall then be reported to either the department head of the alleged harasser; the Finance Committee Chair in the case that an appointed department head or elected official (other than the Finance Committee Chair) is the alleged harasser; or the County Board Chair if the alleged harasser is the Finance Committee Chair, for appropriate action.
(F) Disciplinary action.
(1) The department head, Finance Committee Chair or County Board Chair shall review the report of the investigation and make a determination as to whether the alleged harasser has committed harassment based upon gender, ethnicity, race, religious affiliation, age or mental and physical disability, or more specifically, sexual harassment. If so, the appropriate action and/or discipline shall be determined and imposed by the department head, Finance Committee Chair or County Board Chair, as appropriate.
(2) If the department head, Finance Committee Chair, or County Board Chair is not the supervisory personnel of the alleged harasser or is not authorized to impose disciplinary action on the alleged harasser, any or all action within the bounds of the department head, the Finance Committee Chair or the County Board Chair should be taken to alleviate the unwarranted and unwelcome action of the alleged harasser.
(3) (a) The discipline imposed should reflect the severity of the improper conduct, taking into consideration the nature and frequency of the conduct; the relationship of the parties involved; the intent of the offending party; and any other relevant information.
(b) Severity shall be determined and discipline administered using the following as guidelines only:
1. Type A offense. The harassment is of a verbal, visual and/or non-physical nature. The suggested discipline for this type of behavior is a verbal reprimand;
2. Type B offense. The harassment is of a physical nature or the offender has made sexual or other propositions. In addition, a second occurrence of a type A offense or any retaliation of the accused directed toward the complainant is considered a type B offense. The recommended discipline for this behavior is a written reprimand; and
3. Type C offense. The harassment is of a serious physical nature, meaning coerced or forced encounters or assault. Also, type C offenses are third occurrences of a type A offense or second occurrences of type B offenses. It is recommended that this behavior result in suspension or dismissal from employment.
(4) Any charges criminal in nature are required to be reported by the department head, Finance Committee Chair or County Board Chair to the State’s Attorney. The charges will be processed independent of the harassment investigation. In all cases, the complainant shall be notified of the results of the investigation and the discipline imposed, if any.
(5) Complainants may also exercise their rights to contact the State Department of Human Rights or the Equal Employment Opportunities Commission under the United States Civil Rights Act of 1964 (Title VII), being 42 U.S.C. §§ 2000e et seq., if deemed necessary. However, these agencies, as well as the county, encourage the resolution of the issues at the local level so employees are encouraged to first report their initial complaint to their immediate supervisor, department head, Finance Committee Chair, County Board Chair, respectively and to seek a remedy using these procedures before accessing state or federal agencies.
(Ord. passed 11-28-2011)
DISCRIMINATION, HARASSMENT AND SEXUAL ASSAULT POLICY
(A) It is the County of DeWitt's policy that it will not tolerate or condone discrimination or harassment on the basis of race, color, religion, creed, sex, gender-identity, gender-expression, sexual orientation, pregnancy, childbirth, medical or common conditions relating to pregnancy and childbirth, genetic information, national origin, age, physical or mental disability, ancestry, marital status, military status, arrest record, unfavorable discharge from military service, order of protection status, citizenship status or any other classification protected under federal or state law. Sexual misconduct is also prohibited. The County of DeWitt will neither tolerate nor condone discrimination, harassment or sexual misconduct by employees, managers, supervisors, elected officials, appointed officials, co-workers, or non-employees with whom County of DeWitt has a business, service, or professional relationship. “Employee,” for purposes of this policy only, includes any individual performing work for County of DeWitt, an apprentice, an applicant for apprenticeship, or an unpaid intern. County of DeWitt has appointed Mike Trummel as its ethics officer to receive and oversee investigations of complaints made pursuant to this policy and he is referred to in this policy as County of DeWitt's "Ethics Officer." He can be contacted by email at mtrummel@dewittcountyill.com. County of DeWitt reserves the right to change the Ethics Officer from time to time.
(B) Retaliation against an employee who complains about or reports any act of discrimination, harassment or misconduct in violation of this policy is prohibited. Retaliation against any employee who participates in an investigation pursuant to this policy is likewise prohibited. The County of DeWitt is committed to ensuring and providing a work place free of discrimination, harassment, sexual misconduct and retaliation. County of DeWitt will take disciplinary action, up to and including termination, against an employee who violates this policy.
(C) As set forth above, sexual harassment and sexual misconduct are prohibited. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or any other visual, verbal or physical conduct of a sexual nature when:
(1) Submission to or rejection of this conduct explicitly or implicitly affects a term or condition of individual's employment;
(2) Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee or;
(3) The harassment has the purpose or effect of unreasonably interfering with the employee's work performance or creating an intimidating, hostile or offensive work environment because of the persistent, severe or pervasive nature of the conduct.
(D) Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
(1) The employee as well as the harasser may be a woman or a man. The employee does not have to be of the opposite sex.
(2) The harasser can be the employee's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
(3) The employee does not have to be the person harassed but could be anyone affected by the offensive conduct.
(4) Unlawful sexual harassment may occur without economic injury to or discharge of the employee.
(5) The harasser's conduct must be unwelcome.
(E) Each employee must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as sexual harassment or harassment based on any status protected by law. The following are illustrations of actions that County of DeWitt deems inappropriate and in violation of our policy:
(1) Unwanted sexual advances.
(2) Offering employment benefits in exchange for sexual favors.
(3) Retaliating or threatening retaliation after a negative response to a sexual advance or after an employee has made or threatened to make a harassment complaint.
(4) Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
(5) Verbal conduct such as making derogatory comments, using epithets or slurs, making sexually explicit jokes or suggestive comments about a person's body or dress.
(6) Written or electronic communications of a sexual nature or containing statements or images which may be offensive to individuals in a particular protected group, such as racial or ethnic stereotypes or stereotypes about disabled individuals.
(7) Physical conduct such as unwanted touching, assaulting, impeding or blocking movements.
(F) Sexual misconduct is strictly prohibited by County of DeWitt and can include any inappropriate and/or illegal conduct of a sexual nature including, but not limited to, sexual abuse, sexual exploitation, sexual intimidation, rape, sexual assault, or ANY sexual contact or sexual communications with a minor (including, but not limited to, conduct or communications which are written, electronic, verbal, visual, virtual or physical).
(Res. 2019-05, passed 12-19-2019)
(A) Supervisors. Each supervisor shall be responsible for ensuring compliance with this policy, including the following:
(1) Monitoring the workplace environment for signs of discrimination, harassment or sexual misconduct;
(2) Immediately notifying law enforcement where there is reasonable belief that the observed or complained of conduct violates the criminal laws of the State of Illinois.
(3) Immediately notifying the Department of Children and Family Services (DCFS) Hotline (1-800-25-ABUSE or 1-800-252-2873) if the observed or complained of conduct involves the abuse of a minor.
(4) Immediately stopping any observed acts of discrimination, harassment or sexual misconduct and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision;
(5) Immediately reporting any complaint of harassment, discrimination or sexual misconduct to the State's Attorney or to the Ethics Officer, and:
(6) Taking immediate action to limit the work contact between the individuals when there has been a complaint of discrimination, harassment or sexual misconduct, pending investigation.
(B) Employees.
(1) Each employee is responsible for assisting in the prevention of discrimination, harassment and sexual misconduct through the following acts;
(a) Refraining from participation in, or encouragement of, actions that could be perceived as discrimination, harassment or sexual misconduct;
(b) Immediately reporting any violations of this policy to a supervisor, the Ethics Officer, or the State's Attorney and law enforcement (if appropriate under the circumstances) and/or DCFS (if appropriate under the circumstances); Employees are obligated to report violations of this policy as soon as they occur. An employee should not wait until the conduct becomes unbearable before reporting the prohibited conduct. All employees are obligated to report instances of prohibited conduct even if the conduct is merely observed and directed toward another individual and even if the other person does not appear to be bothered or offended by the conduct. All employees are obligated to report instances of prohibited conduct regardless of the identity of the alleged offender (e.g. man, woman, supervisor, elected official, co-worker, volunteer, vendor, member of public).
(c) Encouraging any employee who confides that he/she is the victim of conduct in violation of this policy to report these acts to a supervisor.
(2) Failure to take action to stop known discrimination, harassment or sexual misconduct may be grounds for discipline.
(3) There is a clear line most cases between a mutual attraction and a consensual exchange and unwelcome behavior or pressure for an intimate relationship. A friendly interaction between two persons who are receptive to one another is not considered unwelcome or harassment. Employees are free to form social relationships of their own choosing. However, when one employee is pursuing or forcing a relationship upon another who does not like or want it, regardless of friendly intentions, the behavior is unwelcome sexual behavior. An employee confronted with these actions is encouraged to inform the harasser that such behavior is offensive and must stop. You should assume that sexual comments are unwelcome unless you have clear unequivocal indications to the contrary. In other words, another person does not have to tell you to stop for your conduct to be harassment and unwelcome. Sexual communications and sexual contact with a minor are ALWAYS prohibited.
(4) If you are advised by another person that your behavior is offensive, you must immediately stop the behavior, regardless of whether you agree with the person's perceptions of your intentions.
(5) The County of DeWitt does not consider conduct in violation of this policy to be within the course and scope of employment and does not sanction such conduct on the part of any employee, including supervisory and management employees.
(Res. 2019-05, passed 12-19-2019)
(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.
(c) The complaint should be presented as promptly as possible after the alleged violation of this policy occurs.
(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.
(Res. 2019-05, passed 12-19-2019)
Under no circumstances will there be any retaliation against any employee making a complaint of discrimination, harassment or sexual misconduct. Any act of retaliation by any party directed against a complaining employee, an accused employee, witnesses, or participants in the process will be treated as a separate and distinct complaint and will be similarly investigated. Complaints of retaliation should be addressed to the Ethics Officer, State's Attorney or County Clerk. Illinois law provides protections to whistleblowers as set forth in the Whistleblower Act, ILCS Ch. 740, Act 174, § 15 and the Illinois Human Rights Act, ILCS Ch. 775, Act 5, § 6-101.
(Res. 2019-05, passed 12-19-2019)
In addition to any and all other discipline that may be applicable pursuant to County of DeWitt's policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the Prohibition on Sexual Harassment contained In ILCS Ch. 5, Act 430, § 5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by County of DeWitt and any applicable fines and penalties established pursuant to local ordinance, state law or federal law. Each violation may constitute a separate offense. Any discipline imposed by County of DeWitt shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a state or Federal agency.
(Res. 2019-05, passed 12-19-2019)
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