(a) Application. All employees and elected officials shall be subject to the policies set forth in this section.
(b) Legal Definitions and Guidelines.
(1) Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964. It is against Village employment policies and constitutes sexual harassment for any employee, male or female, to sexually harass another employee by using unwelcome sexual advances (either verbal or physical) or requests for favors and other verbal or physical conduct of a sexual nature when:
A. Submission to such conduct is either an explicit or implicit term or condition of employment (e.g. promotion, training, timekeeping, overtime assignments, etc.);
B. Submission to or rejection of the conduct is used as a basis for making employment decisions; or
C. The conduct creates an intimidating, hostile, or offensive working environment.
(2) Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that fails to respect the rights of others, that lowers the morale, and that interferes with work effectiveness.
(3) Harassment of any kind, whether based on gender or not, is conduct by an individual or a group that creates a hostile, intimidating, or offensive work environment. It refers to behavior that is not welcome, that is offensive and that fails to respect the rights of others. Any and all forms of harassment are against Village employment policies and are subject to the full penalties of this policy.
(c) Procedure.
(1) Employee.
A. Any employee who believes that he or she has been sexually harassed or harassed in any other manner should report the alleged act immediately to his or her direct supervisor.
B. If the direct supervisor is the alleged harasser or the employee does not feel comfortable discussing the matter with his or her direct supervisor, the employee may bypass his or her direct supervisor and report the alleged act to any other supervisor, the office of the Mayor, or any other designated official.
(2) Supervisor. After receiving notification of any employee's complaint, the supervisor will immediately contact the Chief of Police or other designated official.
(3) The Chief of Police. The Chief of Police shall investigate, or designate an appropriate, fair, and impartial official or office to investigate, any and all allegations of sexual harassment or other harassment and report such findings to the Mayor.
Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses. All employees shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or assisting in an investigation.
(d) Penalties. If the investigation reveals that the complaint is valid, prompt attention and disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension or termination.
(e) Confidentiality. All complaints will be handled in a timely and confidential manner. In no event will information concerning a complaint be released by anyone employed by the Village to third parties or to anyone else employed by the Village who is not involved with the investigation, nor will anyone involved be permitted to discuss the subject outside the investigation. The purpose of this provision is to protect the confidentiality of the employee who files a complaint, to encourage the reporting of any incidents of sexual harassment, and to protect the reputation of any employee wrongfully charged with sexual harassment.
(f) Non-Retaliation. This policy also prohibits retaliation against employees who file or report sexual harassment or harassment allegations or assist in investigating charges. Any employee bringing a sexual harassment or other harassment complaint or assisting in the investigation of such a complaint will not be adversely affected in terms and conditions of employment, nor discriminated against or discharged because of the complaint.
(Ord. 718-98. Passed 11-12-98.)