(a) In determining whether an alleged conduct constitutes sexual harassment, an officer, employee, or team investigating a complaint of sexual harassment pursuant to § 1-17.4 or 1-17.5 shall use the “reasonable person of the same gender standard.” Under the standard, sexual harassment shall be deemed to have occurred if the alleged offender’s conduct would be considered sexual harassment from the perspective of a reasonable person of the same gender as the alleged victim. If the alleged victim is a woman, the “reasonable person of the same gender standard” shall be equivalent to and may be called the “reasonable woman standard.”
(b) The investigating officer, employee, or team shall look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advance, sexual favor request, or visual display and the context in which the alleged conduct occurred.
(1990 Code, Ch. 1, Art. 17, § 1-17.6) (Added by Ord. 93-84)