(a) Policy. Sexual harassment is an unlawful employment practice which is in violation of Title VII, Section 703 of the Civil Rights Act of 1964. Therefore the City expressly prohibits any acts of sexual harassment by supervisors, other staff members and others on City property.
(b) Definition. Sexual harassment is defined as: unwelcome sexual advances; requests for sexual favors; other verbal or physical conduct of a sexual nature where any one of the following criteria are met:
(1) Submission to the conduct is either an explicit or implicit term or condition of employment/promotion.
(2) Submission to or rejection of the conduct is used as a basis for an employment decision affecting the person rejecting or submitting to the conduct.
(3) The conduct has the purpose or effect of substantially interfering with the affected person's work performance or creating an intimidating, hostile or offensive work environment.
(c) Procedure.
(1) Employee responsibility. Any employee who believes that he or she is being sexually harassed by anyone on the premises of the City should promptly take the following steps:
A. Politely, but firmly, confront whoever is doing the harassing. State how you feel about his/her actions and request that the person cease harassing you immediately.
B. If the harassment continues or if you believe some employment consequences may result from your confrontation; or if you feel uncomfortable confronting the harasser, go to your immediate supervisor. If you believe your immediate supervisor may be involved, contact either the Chief of Police or Safety Director. If you believe they may be involved, you may contact the Mayor or in his/her absence, the President of Council; verbally or in writing, stating specific details of the sexually harassing behavior.
C. The policy of the City is to listen to all reasonable complaints, seek early corroboration, and apply discipline when appropriate.
D. Sexual harassment is a serious offense for which appropriate disciplinary action will be taken, to include discharge.
(2) Management responsibility. Every supervisor of the City is responsible for ensuring that no sexual harassment will be tolerated within his/her area of authority.
A. Any complaint of sexual harassment should receive the immediate attention of the supervisor or officer to whom it is made and should be reported immediately to the Chief of Police.
B. Investigation of a complaint of sexual harassment normally will include conferring with the parties and witnesses named by complaining employee.
C. Because of their sensitive nature, complaints of sexual harassment should be investigated with particular care and should remain, to the extent possible, strictly confidential.
D. In no event, will information concerning a complaint of sexual harassment be voluntarily released by the City to third parties or to anyone within the City who is not involved with 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. The Ohio Public Records Act may require that records be released to the public.
E. If the investigation reveals that the complaint is valid, prompt disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken.
(Ord. 931221-147. Passed 12-21-93.)