(a) Intent. It is the policy of the Village to preserve, protect and enhance the dignity of all Village personnel and to provide a professional work environment free from sexual intimidation, ridicule, insult and overtones perpetrated upon or by any employee.
(b) Application of Policy. This Policy prohibiting sexual harassment applies to all officers and employees of the Village, including, but not limited to, full-time and part-time employees, permanent and temporary employees, employees covered under Fire and Police Commission rules, and elected and appointed officials.
(c) Sexual Harassment Defined. Sexual harassment is behavior with sexual content or overtones that is unwelcome and personally offensive. For the purposes of this Policy, "sexual harassment" means unwelcome sexual advances, direct or implied requests for sexual favors, and other verbal and/or physical conduct of a sexual nature:
(1) When submission to such conduct is made, explicitly or implicitly, a term or condition of an individual's employment, evaluation, advancement or promotion;
(2) When submission to or rejection of such conduct by an individual is used as the basis, or any part of the basis, affecting such individual's career, job or employment conditions; or
(3) When such conduct has the purpose or effect of interfering with an individual's performance or creating an intimidating, hostile or offensive working environment.
(d) Prohibited Conduct.
(1) Sexual harassment includes conduct directed by men toward women, by women toward men, by women toward women and by men toward men. Sexual harassment consists of, but is not limited to, the following:
A. Verbal behavior: negative or offensive comments, jokes, kidding or suggestions about another employee's gender or sexuality; threats relating to sexual conduct; repeated unwelcome requests for dates; statements of a sexual nature about other employees; obscene or lewd sexual comments; using slang names or labels that can be considered derogatory or too familiar, such as "honey," "sweetie," "dear," "darling," "boy," "girl" or other terms people may find offensive; or talking about or calling attention to an employee's body or characteristics in a sexually negative or embarrassing way.
B. Nonverbal behavior: sexually suggestive looks; sexually suggestive or insulting sounds, such as whistles, catcalls or smacking or kissing noises; or obscene or sexually suggestive bodily gestures.
C. Physical behavior: unwelcome physical contact, such as pats, squeezes, hugs, kissing, pinching, purposeful rubbing against another person's body or actual sexual assault or abuse;
D. Visual behavior: displaying pictures, cartoons, posters, pinups, calendars, signs, etc., of a nude or of a sexual nature.
E. Other behavior, including, but not limited to, laughing at, ignoring or not taking seriously an employee who experiences sexual harassment; blaming the victim of sexual harassment for causing the problems; continuing the offensive behavior after a co-worker has expressed objection to the behavior; retaliating against an employee who rejects sexual advances by denying promotions or other job related benefits; gossiping about or ridiculing a victim or alleged harasser with respect to the alleged harassment; demanding or requesting sexual favors tied to promises of better treatment or threats concerning employment; discriminating against an employee for refusing to give in to demands or requests for sexual favors; or rewarding or granting favors to one who submits to demands or requests for sexual favors.
(2) No employee shall, directly or indirectly:
A. Threaten or insinuate that another employee's refusal to submit to sexual advances will adversely affect that employee's relationship with the Village, work status evaluation, wages, advancement, assigned duties or any other condition of employment;
B. Promise, imply or grant preferential treatment in connection with another employee engaging in sexual conduct; or
C. Abuse the dignity of another employee through insulting or degrading sexual remarks or conduct.
(e) Reporting of Alleged Violations. An employee alleging a violation of this Policy should report, as quickly as possible, in confidence, such complaints. Such allegations may be brought to the attention of an immediate supervisor, the Assistant Village Manager, the Village Manager or the Village President. Persons receiving such complaints shall secure, in written form, the following information:
(1) The name, department and position of the complainant;
(2) The name(s) of the person(s) alleged to be in violation of this Policy, if known;
(3) The specific action or series of acts or actions constituting the behavior alleged to be sexual harassment, including, but not limited to:
A. The length of time that such behavior has transpired.
B. The implied or actual employment action (i.e. failure to promote, job assignments, refusal to hire, etc.) that may have occurred.
(NOTE: Sexual harassment does not necessarily have to be linked to the grant or denial of an economic quid pro quo. Sexual harassment leading to a noneconomic injury is also prohibited.)
(4) The names of any witnesses or others with knowledge of such behavior.
Every effort will be made to promptly investigate any allegation of sexual harassment in as confidential a manner as possible.
(f) Investigation of Alleged Violations; Determinations; Disciplinary Action.
(1) The Village Manager or his or her designated agent shall investigate complaints alleging violations of this Policy, except in an instance in which the allegations involve, directly or by complicity, the Village Manager, in which event the investigative responsibilities shall be assigned by the Village President to another employee.
(2) A written record of the investigation shall be made, inclusive of all notes made of conversations or verbal responses to questions posed by the investigator to the complainant, witnesses or respondent. The entire written record and report shall be provided to the Village Manager within ten working days from the date the allegations were first reported in writing.
(3) The Village Manager shall, based upon the investigative report, evidence and all known circumstances, make a determination as to whether sexual harassment, as defined by this Policy, has occurred.
(4) If the determination is made that sexual harassment has occurred, the Village Manager shall take immediate and appropriate disciplinary action consistent with the nature and severity of the offense. Disciplinary action shall be in accordance with the rules and regulations of the Village's Personnel Manual, these Codified Ordinances and, when applicable, the rules of the Fire and Police Commission.
(5) In all instances, whether a violation of this Policy is determined to have occurred or not to have occurred, the respondent shall not retaliate in any way against the complainant, witnesses or any other person involved in the investigation.
(6) Complaints alleging violations of this Policy by:
A. The Village Manager. If the Village Manager is found, after an appropriate investigation, to have violated this Policy, the Village President shall present the investigative report and findings to the Board of Trustees. If the Board concurs with the findings, the Board shall impose discipline in accordance with the applicable rules and ordinances of the Village.
B. An elected official of the Village. If any elected official of the Village is found to have violated this Policy, the investigative report and findings shall be presented to the Village President and the Board of Trustees, excluding the member alleged to have violated this Policy. If the members concur with the findings, they shall impose the appropriate discipline.
C. Non-employees. In instances of sexual harassment alleged to have been committed in the workplace or in a work related situation by a nonemployee, the Village Manager shall take all lawful action to insure the safety and dignity of the employee and to end the incidence of harassment.
(g) Other Remedies. The filing of a sexual harassment complaint with the appropriate Village official under this Policy does not limit, extend, replace or delay the right of any person to file a similar charge or complaint with any Federal or state agency having authority to hear matters of sexual harassment complaints.
(Ord. 895. Passed 4-22-96.)