(A) (1) It is the policy of the city to provide all employees and volunteers with a workplace that is safe, comfortable, and free of harassment. It is our policy to prohibit all forms of harassment at work and during off-site city-related activities, including harassment based on age, race, color, religion, sex, sexual orientation, national origin, disability, or veteran status. All employees are responsible for complying with the policy against workplace harassment.
(2) Any employee who engages in harassment on the basis of race, gender, religion, color, age, disability, national origin, sexual orientation, or veteran status; who permits employees under his or her supervision to engage in such harassment; or who retaliates or permits retaliation against an employee who reports such harassment is guilty of misconduct and shall be subject to disciplinary action, up to and including termination of employment.
(3) Sexual harassment is prohibited and includes any unwelcome sexual advance, requests for sexual favor, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made, either explicitly or implicitly, as a term of condition of employment;
(b) Submission to or rejection of such conduct is used as a factor in any employment decision, affecting any individual; or
(c) Such conduct has the purpose of unreasonably interfering with any employee’s work performance or creating an intimidating, hostile, or offensive working environment.
(4) This policy prohibits sexual advances, requests for sex (with or without related threats, promises of favors, or other benefits), or other verbal or physical sexual conduct which could have a harmful effect on any employee’s work performance or create a hostile or offensive work environment. Examples of “sexual harassment” include:
(a) Obscene or sexually suggestive comments about a person’s body;
(b) “Off color” language or “dirty” jokes of a sexual nature;
(c) Slurs, threats, repeated commands, or other offensive verbal or physical conduct relating to a person’s sex or sexual orientation;
(d) Offensive or unwelcome sexual flirtations, advances, or propositions, communicated verbally, by touch, or in writing;
(e) Use of sexually degrading words to describe a person or group of people;
(f) Any display of sexually explicit photographs, drawings, greeting cards, articles, books, magazines, or other printed items; or
(g) Repeated unwelcome or unnecessary touching of any part of another’s body.
(5) (a) “HARASSMENT” is defined as behavior which has the purpose of creating an intimidating, hostile, or offensive working environment, or has the purpose or effect of unreasonably interfering with an individual’s work performance. Otherwise, adversely affects an individual’s employment opportunities.
(b) “HARASSMENT” also includes slurs and other verbal or physical conduct relating to an individual’s race, color, religion, sex, gender, age, disability, national origin, or being a member of another protected classification.
(6) Even conduct that is intended to be “innocent” may still constitute sexual harassment if it falls within the terms of this policy. Regardless of intent, how others interpret behavior is important.
(7) This policy is not meant to interfere with or discourage friendships among employees, However, employees must be sensitive to acts or conduct that may be considered offensive by others.
(8) This policy applies to all city employees.
(B) Reporting a Complaint.
(1) While the city encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the city also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. An alleged victim of harassment is no! required to confront the person who is the source of the problem, in the event that such informal, direct communication between individuals is either ineffective or impossible, the following steps should be followed in reporting a sexual harassment complaint.
(2) In order to take a corrective action, the city must be aware of sexual harassment or related retaliation. Therefore, anyone who believes that he or she has experienced or witnessed sexual harassment or related retaliation should promptly report such behavior.
Any employee who experiences sexual harassment should contact his or her department head immediately. If unresolved, or in the event the harassment is alleged against the department head, the employee is advised to obtain, a sexual harassment complaint form from the Clerk-Treasurer’s office. The employee is directed to submit the completed form to the department head, or in the event the alleged harassment is against the department head, the completed form is to be submitted to the Mayor or City Attorney. The best time to register a complaint is immediately after the act occurs.
(3) Any supervisor who has witnessed or becomes aware of the alleged occurrence of sexual harassment or retaliation, or receives a complaint of sexual harassment involving a person within that supervisor’s purview is required to take prompt corrective action and to report the incident to the City Attorney. Failure of a supervisor to immediately take corrective action or to report the incident shall constitute misconduct subject to disciplinary action.
(C) Description of Misconduct.
(1) An accurate record of objectionable behavior or misconduct is needed to resolve a formal complaint of sexual harassment.
(2) Verbal reports of sexual harassment must be recorded in written form by either the complainant or the individual(s) designated to receive complaints, and be signed by the complainant. Individuals who believe they have been or currently are being harassed should maintain a record of objectionable conduct to effectively prepare and corroborate their allegations.
(3) While the city encourages individuals to keep written notes in order to accurately record offensive conduct or behavior, it must be recognized that, in the event that a lawsuit develops from the reported incident, the confidentiality of the complainant’s written notes may not be recognized under Indiana law, and the notes may have to be disclosed.
(4) City department heads and the Clerk-Treasurer have copies of the City Sexual Harassment Complaint form. Employees are directed to obtain, complete, and submit this form to initiate a formal complaint.
(E) Time Frame for Reporting Complaints. The city encourages a prompt reporting of complaints so that rapid response and appropriate action may be taken. However, due to the sensitivity of these problems and because of the emotional toll such misconduct may have on an individual, no limited time frame will be instituted for reporting sexual harassment complaints. Late reporting of complaints will not in and of itself preclude the city from taking remedial action.
(F) Protection Against Retaliation. The city will not in any way retaliate against the individual who makes a report of sexual harassment nor permit any supervisor or employee to do so. Retaliation is a serious violation of this sexual harassment policy and should be reported immediately. Any person found to have retaliated against another individual for the good faith reporting of sexual harassment will be subject to the same disciplinary action provided for sexual harassment offenders.
(G) Investigating the Complaint.
(1) Any allegation of sexual harassment that is reported will be promptly investigated in as discreet a manner possible to protect the privacy of persons involved. The city will use its best efforts to maintain confidentiality throughout the investigatory process to the extent practical and appropriate under the circumstances; however, confidentiality is not guaranteed. The alleged harasser will be notified of the nature of the complaint made against him or her.
(2) Upon completing the investigation of a sexual harassment complaint, the city will communicate its findings to the complainant and the alleged harasser. If the Board of Works and the alleged harasser’s department head determine that harassment occurred, they will determine appropriate disciplinary action.
(3) The complainant will be informed of the disciplinary action to be taken.
(4) In determining whether alleged conduct constitutes sexual harassment, the city will look at the investigative file as a whole and the totality of the circumstances, such as the nature of the conduct and the context in which the alleged incidents occurred. The determination of whether disciplinary action is to betaken will be made from the facts, on a case-by-case basis.
(H) Identification of Investigators. Complaints will be investigated by the City Attorney and the appropriate department head or designees retained by the city. In addition, other individuals may be included in reviewing the investigation and outcome at the discretion of the City Attorney. The city will make every effort to ensure that those named in a complaint, or are too closely associated with those involved in the complaint, will not be part of the investigative team or efforts.
(I) False Accusations. The city also recognizes that careful consideration must be given to questions regarding whether a particular action or incident is purely personal or social without any discriminatory employment effect. False accusations of sexual harassment can have devastating effects on the lives and reputations of innocent women and men. Therefore, the city may discipline, up to and including termination of employment, those employees who after an investigation are found to have falsely accused others of sexual harassment, knowingly or in a malicious manner.
(J) Sanctions.
(1) Individuals found to have engaged in misconduct constituting sexual harassment, creating a hostile work environment, or related retaliation will be severely disciplined, up to and including discharge. Additional action may include: referral to counseling, withholding of a promotion, reassignment, demotion, temporary suspension without pay or termination.
(2) Although the city’s ability to discipline a non-city employee harasser is limited, any city employee who has been subjected to sexual harassment by a non-city employee at the workplace and work-related setting should file a complaint so that action may be taken.
(K) Maintaining a Written Record of the Complaint. The city will maintain a complete written record of each complaint and how it was investigated and resolved. Written records shall be maintained in the City Attorney’s Office, and if disciplinary action was taken, a record shall be maintained in the offender’s personnel file.
(L) Prevention. Prevention is the best policy for the elimination of sexual harassment. Employees shall remain cognizant of sexual harassment to avoid contributing conditions that would encourage such activity. Sexual harassment and hostile work environment violations will result in disciplinary action, up to and including termination of employment.
(Ord. 2018-16, passed 1-7-19)