(a) The Village of Lordstown (hereinafter referred to as the “Village”) will not tolerate nor excuse sexual harassment in the workplace, nor sexual harassment which emanates from employment but occurs outside the workplace. The following policy is to identify the complaint procedures available to victims, as well as the disciplinary penalties that can be imposed for sexually harassing conduct or behavior. This policy applies to all Elected and Non-Elected Public Officials and Full and Part-Time Employees (hereinafter referred to as “Employees”).
(b) Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which tolerance of such activities is made a condition of employment, that interferes with an individual’s work performance, or simply creates an intimidating, hostile or offensive work environment.
(c) It is illegal and against the Village’s policy for any Employee, male or female, to harass another Employee or to create a hostile working environment by either communicating or encouraging:
(1) Physical assaults on another Employee, including, but not limited to, rape, sexual battery, molestation, or attempts to commit these assaults; or
(2) Intentional physical conduct that is sexual in nature, including but not limited to, touching, pinching, patting, or brushing up against another Employee’s body; and
(3) Unwanted sexual advances, proposition, or sexual comments, including but not limited to making sexual gestures, jokes, or comments made in the presence of any Employee who has indicated that such conduct in his or her presence is unwelcome; and
(4) Posting or displaying pictures, posters, calendars, and graffiti, objects, or other materials that are sexual in nature or pornographic.
(d) The creation of an intimidating, hostile, or offensive working environment may include such actions as persistent sexual comments or the display of obscene or sexually oriented photographs or drawings. However, conduct or actions that arise out of a personal or social relationship and that are not intended to have a discriminatory employment effect may not be viewed as harassment. The Village will determine whether such conduct constitutes sexual harassment, based on a review of the facts and circumstances of each situation.
(e) The Village will not condone any sexual harassment of its Employees. It will take direct and immediate action to prevent such behavior and to remedy any reported harassment incidents. All Employees, including supervisors and managers, will be subject to severe discipline, up to and including discharge, for any act of sexual harassment they commit.
(f) Any Employee who feels victimized by sexual harassment shall make a formal complaint. Formal complaints should be filed by the Employee with the Employee’s immediate supervisor if possible. If not possible to report directly to his or her supervisor, an Employee shall make a formal complaint to the Mayor. Formal complaints may be oral or written and may report harassment not involving the complaining Employee.
(g) Supervisors shall be responsible for monitoring the behavior of their Employees for signs of harassment. Supervisors shall initiate investigations of all sexual harassment complaints whether informal or formal. Supervisors must recognize that informal complaints are typically characterized by an Employee who orally requests advice from a supervisor. This may include the situation in which the statement is made: “I don’t want to file a complaint”, but then discuss an incident that may be sexually harassing. Supervisors who directly observe potentially harassing conduct must consider these observations equivalent to any other form of “complaint.” The investigatory process is indicated where a supervisor feels the observed conduct may indeed represent prohibited behaviors.
(h) When the Village receives a sexual harassment complaint a careful investigation of the matter will occur, with questioning of all Employees who may have knowledge of either the incident in question or similar problems. Both the complaint and the investigative steps and findings will be documented as thoroughly as possible. As much as possible, confidentiality will be maintained with respect to a sexual harassment complaint and only those who need to know about such a complaint will be advised of its existence. The Investigation Process shall proceed as set forth below:
(1) Interview Complainant.
(2) Make an immediate judgment as to whether the complainant and/or the accused harasser can continue to work together pending the investigation.
(3) Interview the alleged harasser.
(4) Interview any/all witness(es) suggested by either party.
(5) Interview any friends, relatives or health-care professionals suggested by either party.
(6) Review the personnel files of both parties and witnesses-employees.
(7) Prepare a summary of the investigation.
(8) Submit a summary report with all forms, witness statements, documents, photos, etc., to the Mayor (or if the Mayor is involved in the complaint, to the Village attorney).
(i) No Employee will be subject to any form of retaliation or discipline for pursuing a sexual harassment complaint.
(Ord. 41-01. Passed 8-6-01.)
(Ord. 41-01. Passed 8-6-01.)