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(a) Adoption; purpose. There is hereby established and adopted the following sexual harassment policy for the city, the purpose of which is to maintain a healthy work environment and to provide procedures for reporting, investigation and resolution of complaints of workplace harassment, sexual or otherwise.
(b) General statement of policy. It is the policy of the city that all employees have the right to work in an environment free of all forms of harassment. The city does not condone and will not tolerate any harassment. Therefore, the city shall take direct and immediate action to prevent such behavior and to remedy all reported instances of workplace harassment, sexual or otherwise.
(c) Sexual harassment defined. As used in this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
(2) Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or
(3) Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment.
(d) Discussion of policy.
(1) Prohibited activity.
A. No city employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person.
B. Employees shall not make offensive or derogatory comments based on race, color, sex, religion or national origin either directly or indirectly to another person. Such harassment is a prohibited form of discrimination under state and federal employment law and is also considered misconduct subject to disciplinary action by the city.
(2) Supervisors' and employees' responsibilities.
A. Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes the following:
1. Monitoring the unit work environment on a daily basis for signs that harassment may be occurring;
2. Counseling all employees on the types of behavior prohibited and the city's procedures for reporting and resolving complaints of harassment;
3. Stopping any observed acts that may be considered harassment and taking appropriate steps to intervene, whether or not the involved employees are within the particular supervisor's line of supervision; and
4. Where there has been a complaint of harassment, taking immediate action to limit the work contact between two employees, pending investigation.
B. Each supervisor has the responsibility to assist any city employee who comes to that supervisor with a complaint of harassment to document and file such complaint with the Mayor.
C. Each employee of the city is responsible for assisting in the prevention of harassment through the following acts:
1. Refraining from participation in, or encouragement of, actions that could be perceived as harassment;
2. Reporting acts of harassment to a supervisor; and
3. Encouraging any employee, who confides that he or she is being harassed, to report these acts to a supervisor.
D. Failure to take action to stop known harassment shall be grounds for discipline.
(3) Complaint procedures.
A. Employees encountering harassment shall tell the harasser that his or her actions are unwelcome and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation.
B. Any employee who believes that he or she is being harassed shall report the incident(s) to his or her supervisor as soon as possible so that steps may be taken to protect the employee from further harassment and appropriate investigative and disciplinary measures may be initiated. Where this is not practical, the employee may instead file a complaint with another supervisor, the internal investigations authority or the Mayor.
1. The supervisor or other person to whom a complaint is given shall meet with the employee and document the incidents complained of, the person(s) performing or participating in the harassment and the dates on which it occurred.
2. The city employee taking the complaint shall expeditiously deliver the complaint to the Mayor.
C. The Mayor or his or her designee shall be responsible for the investigation of any complaint alleging harassment.
1. The Mayor shall immediately notify the Law Director if the complaint contains evidence of criminal activity, such as battery, rape or attempted rape.
2. The Mayor shall include a determination as to whether or not other employees are being harassed by the person and as to whether or not other city employees participated in or encouraged the harassment.
3. The Mayor shall inform the parties involved of the outcome of the investigation.
4. The city shall maintain a file of harassment complaints in a secure location. Council shall be provided with an annual summary of these complaints.
D. There shall be no retaliation against any employee for filing a harassment complaint or assisting, testifying or participating in the investigation of such a complaint.
(4) Grievance procedure. Complainants or employees accused of harassment may file a grievance/appeal in accordance with city procedures when they disagree with the investigation or disposition of a harassment claim. This section does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.
(Res. 93-R-81, passed 12-20-1993)