(a) Purpose. The Village is committed to the principle that all employees have the right to work in an environment that is free from sexual harassment and intimidation, whether direct or indirect. It is the purpose of this policy to implement a procedure for the reporting, investigation and resolution of disputes and allegations regarding sexual harassment or intimidation.
(b) Definitions. As used in this policy, the terms “sexual harassment” or “intimidation” shall include, but not be limited to the following:
(1) Demanding sexual favors from a co-worker, subordinate or superior in exchange for favorable reviews, assignment, promotion, continued employment, promises or any other tangible or intangible benefit;
(2) Subjecting another to unwanted sexual language, epithets, flirtations, propositions or advancements;
(3) Explicit verbal comments about a co-worker’s, subordinate’s or superior’s body, sexual prowess or deficiencies;
(4) Signaling, touching, bodily contact, or the making of comments or gestures which are sexual in nature and directed towards a co-worker, subordinate or superior;
(5) Showing or making sexually suggestive objects, pictures, illustrations or other representations;
(6) Name-calling, story telling or other commentary which is derogatory towards a particular sex or sexual preference;
(7) Retaliation in any form against a co-worker, subordinate or superior for making any complaint or objection concerning the behavior of another which the complainant finds to be sexually offensive;
(8) Making any inquiry into the sexual preferences or orientation of a co- worker, subordinate or superior;
(9) The continued harassment or abuse of member(s) of one sex regardless of whether such harassment or abuse is sexual in nature.
(c) Complaint Procedure.
(1) Any employee who believes that he or she has encountered any form of sexual harassment, whether or not specifically proscribed by this policy, shall, to the extent possible, document any such incident and report such incident as soon as is practicable to the investigative authority who shall be the Village Mayor or, in the event that the complainant believes that the Village Mayor is or may be involved in the activity complained of, the Village Solicitor. The investigative authority may appoint any person that he or she deems qualified to carry out the investigative procedures as provided for in this policy. Upon request of the complainant, the investigative authority shall refer the investigation to an appointee who is the same sex as the complainant.
A. The complaint shall be in writing and shall include any documentation or other evidence that may be helpful in the investigation of the complaint.
B. As soon as is practicable after the bringing of a complaint under this policy, the Village Mayor or the Village Solicitor, as the case may be, shall take such action as he or she believes to be necessary to protect the complainant from further harassment and shall initiate an investigation into the allegations contained in the complaint.
C. At the conclusion of the investigation, the investigative authority shall make written findings of fact and recommendations and shall provide a copy of the same to the complainant, to the person(s) against whom the complaint is made and to the appropriate office for possible disciplinary action.
(2) The taking or failure to take any action pursuant to this policy shall not preclude any employee from taking any action provided for by law nor shall the same be deemed a waiver of any other legal right or remedy otherwise available to the complainant or the person(s) against whom any complaint is made.
(3) This policy effective April 27, 1995.
(Ord. 880. Passed 4-27-95.)