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(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)
It is a violation of this policy for an employee to knowingly make a false report of discrimination, harassment, sexual misconduct, or retaliation. An employee who is found to have knowingly made a false report is subject to disciplinary action, as set forth in § 38.347(B)(2)(e), above.
(Res. 2019-05, passed 12-19-2019)
If you have any questions concerning the County of DeWitt's policies on this matter, please see your supervisor, the Ethics Officer, or the State's Attorney. Further information may also be obtained from the Illinois Department of Human Rights, 312-814-6200 or the Equal Employment Opportunity Commission (EEOC), 800-669-4000. Confidential reports of harassment or discrimination may also be filed with these state agencies. For matters involving the abuse of minors the Illinois Department of Children and Family Services (DCFS) may be contacted by dialing 800-25-ABUSE.
(Res. 2019-05, passed 12-19-2019)
IDENTITY PROTECTION POLICY
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