(A) The town's policy prohibiting harassment applies to all full-time, part-time and temporary employees, and to elected officials, supervisors and volunteers.
(B) It is a violation of the town's policy to use an individual's submission to or rejection of harassing conduct as the basis for any employment decision affecting the individual. Retaliation towards an employee who reports harassment is strictly prohibited.
(C) Employees who believe they have been subjected to harassment shall promptly report the harassment to their supervisor and file a written complaint with the employee's supervisor. The best time to register a complaint is immediately after the act occurs.
(1) If the supervisor is the subject of the harassment complaint, the employee shall submit the completed form to the Town Manager.
(2) If the elected official is the subject of the harassment complaint, the employee shall submit the completed complaint to the supervisor or other Town Council member. The supervisor must be provided a copy of each completed complaint. When feasible, the town will make a representative of each gender available to receive complaints.
(D) All employees are responsible for complying with the town's policy prohibiting harassment. The town will investigate every complaint, respond and take corrective action. All employees who observe or otherwise learn of, or have reason to suspect, any conduct that may violate this policy shall promptly report such facts to their supervisor, and shall cooperate fully in any investigation or disciplinary action undertaken pursuant to this policy. Failure to comply with this section shall be grounds for appropriate disciplinary action, up to and including termination.
(E) The supervisor shall conduct a prompt and careful investigation. The investigation may include interviews with all persons having direct knowledge of the unwelcome behavior, including the person who made the complaint, the person accused of sexual or other harassment, and other potential witnesses.
(F) At the conclusion of the investigation, the investigator will review the findings with the person(s) who made the complaint. If the investigation reveals that the complaint is factual, appropriate corrective action will be taken to prevent the harassment from occurring again, up to and including discharge of any employee believed to be guilty of harassment. In any case, particularly in situations where the facts uncovered during the investigation are inconclusive or unclear, the town will ensure that all parties are reacquainted with the policy prohibiting sexual or other harassment at work.
(G) The town will take reasonable steps to keep the complaint confidential, and, to the extent possible, maintain the privacy of the persons involved. The town, however, cannot guarantee confidentiality.
(H) The town takes its harassment policy very seriously and will make all reasonable efforts to educate its employees about this policy. Every new employee will be provided a copy of the policy when hired, which may be reviewed during orientation by the supervisor. If the policy is amended, copies of the amendments will be given to all employees.
(I) The town also recognizes that careful consideration must be given to questions regarding whether a particular action is purely personal or social without any discriminatory effect. Actions that may constitute harassment will be determined from the facts, on a case-by-case basis. The record as a whole, as well as the context in which the alleged misconduct occurred, will be reviewed. False accusations of sexual harassment can have devastating effects on the careers, lives and reputations of individuals. Therefore, the town may discipline those employees who are proved to have intentionally, maliciously and wrongly accused others of sexual harassment. The discipline may include termination of employment with the town.
(J) Prevention is the best policy for the elimination of harassment. Employees shall be aware of this harassment policy at all times and seek to avoid creating conditions that encourage such activity.
(K) Sexual and other forms of harassment by any employee may result in personal legal and financial responsibility for the employee offender.
(1985 Code, § 260-15) (Ord. 01-02, passed 2-12-2001; Am. Ord. 05-04, passed 2-28-2005; Am. Ord. 2012-02, passed 1-9-2012; Am. Ord. 2014-11, passed 8-25-2014; Am. Ord. 2015-05, passed 5-26-2015)