The following procedure for investigating and resolving claims of sexual harassment or misconduct or other forms of illegal/improper harassment prohibited by this policy.
(A) All employees have been informed as to the policy concerning illegal/improper harassment or misconduct. All incidents, reports, or complaints of sexual harassment or misconduct should be filed or reported to the Village Personnel Committee immediately. All such complaints, once filed, shall be investigated and handled exclusively by the Village Personnel Committee, or their designee, in consultation with the Village Solicitor, unless otherwise specifically provided in this procedure. However, an employee disciplined as a result of a finding of sexual harassment or misconduct or filing a willful and intentional bad faith claim of sexual harassment misconduct shall be entitled to file a grievance in accordance with applicable policy.
(B) Because of the extremely sensitive nature of these types of problems and the potential “spill-over effect” on the job future and personal lives of all involved, the following procedures are established.
(C) When a complaint of illegal/improper harassment is made against an employee or person doing business with the village, the following occurs.
(1) A complaint file will be opened by the Village Personnel Committee which will be separate from the personnel file of the employee involved. Said file will be confidential to the extent allowed by state law and will be available only to the Village Personnel Committee, or their designee, for the specific case, and:
(a) The Village Solicitor;
(b) Investigators, if any (until the investigation is completed), assigned the specific case by the Village Personnel Committee.
(2) Investigators assigned to handling the complaint will not discuss any aspect of the investigation with anyone, except those persons who have access to the file as provided in division (C)(1) above and then only upon request or as necessary to complete the investigation.
(3) The investigators will be charged with the responsibility of gathering information relevant to the complaint. The identity of persons interviewed will remain confidential except to those persons enumerated in division (C)(1) above unless otherwise directed by the Village Personnel Committee or required bylaw.
(4) Unless otherwise directed by the Village Personnel Committee, the investigation will be supervised by the Village Solicitor.
(5) Upon completion of the investigation the investigators will make a verbal report to the Village Personnel Committee.
(a) A record of the decision of management will be made in the separate file by the Village Personnel Committee and the parties will be advised of the decision.
(b) If the decision involved discipline of any employee other than oral reprimand (e.g., written reprimand, suspension, or discharge), a copy of the actual notice of disciplinary action will be placed in the employee’s personnel file.
(c) If the person against whom the claim was made is exonerated or no disciplinary action other than oral reprimand is taken, no entry will be made in the personnel file. In such instance, the complaint investigation shall clearly state whether there was no merit to the complaint or that it was insufficiently serious to warrant discipline more severe than oral reprimand. If any oral reprimand was given, the Village Personnel Committee shall prepare a memo explaining the oral reprimand. The complaint investigation file will not be disclosed to anyone other than as provided in division (C)(1) above unless disclosure is required by law.
(Ord. 1447, passed 10-20-2009; Ord. 1473, passed 12-7-2010; Ord. passed 1-1-2019)