(a) Statement of City Philosophy. The City of Streetsboro is committed to maintaining a professional and collegial work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere, which prohibits discriminatory practices, including sexual harassment.
(b) Introduction. It is the policy of the City to maintain a working environment free of all forms of sexual and other unlawful harassment, in accordance with the anti-harassment guidance issued by the United States Equal Employment Opportunity Commission. Sexual harassment in any manner or form is expressly prohibited. All incidents of harassment will be promptly and thoroughly investigated by the City and the City will take prompt and appropriate corrective action. Any elected official or employee (including seasonal, temporary, parttime, fulltime, or agent of the City) who engages in any action or conduct constituting harassment will be subject to appropriate disciplinary action.
(c) Procedure.
(1) Definition. Sexual harassment includes, but is not limited to: unwelcome sexual advances, requests for sexual favors, sexual flirtations, continued or repeated verbal comments or abuse of a sexual nature; display of suggestive pictures or objects; sexually-oriented jokes, innuendoes, and materials, or other verbal or physical conduct of a sexual nature that affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. Sexual harassment also includes taking (or refusing to take) personnel action on the basis of an employee’s submission to (or refusal of) sexual overtures.
Prohibited sexual harassment can be initiated by the person of the same sex, or by non-employees (for example, City consultants, customers, invitees, suppliers, contract workers, and vendors). The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.
Harassment includes, but is not limited to: comments, gestures, drawings, writings or physical actions based on another employee’s race/color, religious beliefs, sex, national origin, disability or age, including slurs, jokes, offensive or derogatory comments, acts or threats of violence (including death threats and defacing or damaging of property).
Such behavior is unacceptable in the workplace itself and by any employee in any work related setting outside the workplace, including, but not limited to, settings such as business trips, court appearances and business-related social events.
Consenting romantic and sexual relationships between employees are not expressly forbidden, but such relationships are considered unwise because factors such as real or perceived power of one person over another may override claims of consent at a later date; and such relationships may be offensive to other employees.
(2) Individuals Covered by this Policy. This policy covers all employees and elected officials. The City will not tolerate harassment whether engaged in by fellow employees, supervisors, department heads or elected officials; or by other non-employees who conduct business with this City (for example, consultants, customers, invitees, suppliers, contract workers and vendors). The City encourages reporting of all incidents of harassment, regardless of who the alleged harasser may be, in accordance with this policy.
(3) Responsibility.
A. The City of Streetsboro. The City has an obligation to take appropriate remedial action in instances in which it knows of sexual or other unlawful harassment. Additionally, the City may be accountable for acts of harassment in those instances in which it is reasonable to conclude that the City should have known or had reason to know of such acts.
B. City management. All levels of the City’s supervision, management, officers, and officials are responsible for:
1. Assuring employees that sexual and other forms of unlawful harassment are prohibited by the City’s policy and that the City will conduct an investigation of alleged incidents of harassment and take prompt and effective correction action; and
2. Promptly reporting all alleged incidents of harassment to the appropriate person; and
3. Regularly monitoring of the workplace for indications of harassment and educating all staff on the City’s anti- harassment policy.
C. City employees. An employee who reports an incident of sexual harassment to the City will be informed that an investigation of the alleged harassment will be conducted by the City and the City will take that prompt and effective corrective action. At the time of the complaint, the employee will be advised that retaliation against the employee will not be tolerated.
(4) Violations of Policy. All alleged violations of the City’s anti-harassment policy may be reported to the employee’s immediate supervisor (or if he or she is the harasser to the department head or mayor), who in turn will report the alleged violation to their department head, the mayor or the law director. The mayor will ensure that all alleged violations are thoroughly investigated.
(5) How to Report a Complaint.
A. Informal procedure. The City encourages individuals who believe they are being harassed to clearly and promptly notify the offender that his or her behavior is unwelcome. If for any reason an individual does not successfully end the harassment, then the individual should notify his or her immediate supervisor (or if he or she is the alleged harasser the department head or mayor) who may talk to the alleged harasser or arrange for mediation between the individual and the alleged harasser with a third person acceptable to both parties). This informal procedure is not a required first step for the reporting individual but is encouraged to resolve such matters quickly and effectively.
B. Formal procedure. If the reporting individual does not wish to pursue the informal procedure or it does not produce a result satisfactory to the reporting individual, the following steps should be followed to initiate a formal complaint:
1. Notification of a member of the staff. An individual who believes he or she has been subjected to harassment should report the incident to his or her immediate supervisor (or if he or she is the alleged harasser to the department head or mayor). The person receiving the complaint shall immediately file a written description of the allegations with the mayor.
2. Upon receipt of the written description, the mayor shall select three (3) disinterested individuals from his or her staff to investigate the allegations and render a report to the mayor (or if the mayor is the alleged harasser to the law director) within 30 days. Upon receipt of the report, the mayor (or if the mayor is the alleged harasser the law director) shall decide the matter. An investigation should be confidential to insure the privacy of the persons involved. Both the complainant and the alleged harasser should be reminded of the confidential nature of the process. Violations of confidentiality may be the subject of disciplinary action.
3. Following a thorough investigation, prompt and effective corrective action will be taken by the City.
Disciplinary Procedure.
a. The disciplinary action taken with respect to each violation of this policy must be commensurate with the seriousness of the particular offense. Accordingly, the City must act deliberately to ensure that investigations are thorough and that appropriate disciplinary action is applied in a timely, consistent, and uniform manner.
b. In the event that a thorough investigation of an alleged incident of sexual or other unlawful harassment reveals that the alleged harasser has not engaged in any actions or conduct constituting sexual harassment, the City will inform both the alleged harasser and the complainant that a thorough investigation has been conducted and that there exists no grounds or basis to substantiate the allegation.
c. In the event that a thorough investigation of an alleged incident of sexual or other unlawful harassment reveals that the alleged harasser has engaged in actions or conduct constituting unlawful harassment, the City will, at a minimum, issue a written warning to such individual that will concurrently advise him or her that additional or further acts of unlawful harassment could result in further disciplinary action, up to and including immediate suspension and termination of employment or contract. However, in instances in which the City determines through the investigation that the alleged harasser has engaged in conduct or actions that constitute a serious violation of its anti-harassment policy, then such individual may be subject to immediate termination of employment, or contract, notwithstanding any general progressive procedure for other disciplinary actions. Examples of serious violations of this policy include, but are not limited to, the following:
i. Posting or displaying graffiti, drawings, or offensive material (sexual, racial, ethnic, religious, age, disability or gender); or
ii. Comments, jokes, advances or propositions (sexual, racial, ethnic, religious, age, disability or gender); or
iii. Physical conduct of an offensive nature (sexual, racial, ethnic, religious, age, disability or gender); or
iv. Ostracizing or otherwise discriminating against or retaliation against employees because of their sexual, racial, ethnic, religious, age, disability or gender; or because they have complained of harassment.
d. The City will document all matters related to complaints of alleged sexual or other harassment, including contents of meetings, interviews, results of investigations and all other actions attendant to the allegation. Following an investigation and the completion of appropriate corrective measures, the City will advise the complainant, and other staff with an official need to know, that a thorough investigation has been conducted and that appropriate corrective action has been taken by the City. The specific corrective action will be disclosed to the complainant.
(6) Retaliation Prohibited. There shall be no discrimination or retaliation of any kind against an individual who reports or files a complaint or charge alleging sexual or other harassment; who gives testimony or assistance; or who participates in any manner in any investigation, proceeding or hearing.
(7) Maintaining a Written Record of the Complaint. The City shall maintain a complete record of each complaint in a confidential manner to the extent practical and appropriate in the office of the law director.
(8) Mediation. As an alternative for those wishing to resolve disputes among themselves without resorting to this policy, the City will, if all parties agree, make available a trained outside mediator to help find an amicable, informal solution. If mediation does not solve the problem, the procedures in this policy may still be used.
(9) Conclusion. This policy will be immediately disseminated to all individuals covered by this policy and the City will provide this policy to all new employees and elected officials at the time of hire or swearing in. The mayor will conduct informal sessions with City employees, officers, and officials concerning this policy, so as to ensure all individuals understand the City’s commitment to eliminating any harassment in the workplace, are familiar with the policy and know that any complaint received will be investigated and appropriately resolved.
(Ord. 2007-164. Passed 12-27-07.)