The following procedure shall be used by any employee who suspects that he or she has been subjected to sexual or other forms of harassment or retaliation.
(A) Step 1.
(1) Any employee, who suspects he or she is the victim of sexual or other forms of harassment or retaliation by another employee or non-employee, shall first present a written complaint within 90 days of the date of the sexual or other forms of harassment or retaliation to either the Mayor’s designate or to the employee’s immediate supervisor, who shall forward same immediately to the Mayor’s designate. If the Mayor’s designate or supervisor is the subject of the complaint, then the complaint should be presented directly to the Mayor.
(2) The complaint shall be specific as to the date, nature and type of sexual or other forms of harassment or retaliation complained of; how and when the sexual or other forms of harassment or retaliation affected the complaining employee’s work environment; and the names of any witnesses thereto.
(B) Step 2.
(1) The Mayor’s designate shall meet with the complainant and the alleged offender within five working days of receiving the complaint to discuss the allegations. If either the complainant or alleged offender choose to have a representative, then the Mayor’s designate may also have a representative; the meeting, however, shall be informal.
(2) The Mayor’s designate shall issue a written decision within five working days of the meeting.
(C) Step 3.
(1) If the complainant or alleged offender is not satisfied with the Mayor’s designate’s decision, within five working days of the date of that decision, an appeal may be taken to the Mayor. The appeal shall be in writing and shall state the reasons for appealing the Mayor’s designate’s decision.
(2) (a) Within five working days of receiving the appeal or a complaint directly, the Mayor shall meet with the complainant, the alleged offender, the Mayor’s designate, any representatives and other persons determined to be necessary, to resolve the matter.
(b) The Mayor shall issue a written decision within ten working days of this meeting.
(D) Step 4.
(1) If the complainant or the alleged offender is not satisfied with the Mayor’s decision, then within ten working days, an appeal of that decision may be made to the entire City Council. Such an appeal shall be in writing and be instituted by filing with the Clerk of the city a statement setting forth the reasons for the appeal.
(2) Within 20 working days of receiving an appeal, the City Council shall conduct a due process hearing on the allegations of sexual or other forms of harassment or retaliation. The rules of evidence shall not apply; however, hearsay evidence shall not be presented for proof of any ultimate facts.
(3) Within ten working days after the hearing, the City Council shall issue its written decision, which shall be a final decision of the city and subject to review under the Administrative Review Act, ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(Ord. 1475, passed 1-26-1999)