(A) Background. Harassment on the basis of a person’s sex, or perceived sex, or sexual orientation, by a supervisor, coworker or other person is a discriminatory practice winch violates Illinois law and Title VII of the Civil Rights Act of 1964 and regulations passed by the United States Equal Employment Opportunity Commission and Illinois Human Rights Act. Aside from being illegal, sexual harassment undermines the integrity of individual work relationships and damages the morale of the entire work force.
(B) Policy. It is the policy of the village that all patrons, officers, employees and non-employees, are entitled to work in an environment free from all forms of illegal discrimination including discrimination based upon a person's sex or perceived sex or sexual orientation. Accordingly, any practice or activity that constitutes sexual harassment is strictly forbidden within village work places and shall, if substantiated in accordance with this policy, result in disciplinary action. As used in this policy, a non-employee is a person directly performing work for the Village of Wapella, pursuant to a contract with the Village of Wapella, and not otherwise an employee of the Village of Wapella. As used herein, a patron is a person using goods and services provided by the Village of Wapella and directly interacting with a village officer, employee or non-employee.
(C) Prohibited conduct.
(1) Definition. SEXUAL HARASSMENT is defined as an unwelcome sexual advance, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;
(b) Submission to or rejection of such conduct by a person is used as a basis for employment decisions affecting that person;
(c) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance; or
(d) Such conduct creates an intimidating, hostile or offensive work environment.
(e) Such conduct is intimidating, hostile, or offensive to a patron of the village.
(2) Sanctions. Sexual harassment is a serious violation of the work rules of the village and, if proven, shall be grounds for the imposition of discipline. Potential sanctions for the offense shall range from a minimum of a five days suspension without pay to termination, depending upon the following:
(a) The individual facts of any given case; and
(b) The employment record of the person committing such harassment.
(D) Employee rights. Any person who believes they are the victim of illegal sexual harassments may file a complaint with the village within a reasonable period of time after the event (normally not more than 180 days). Victims of illegal sexual harassment may also have the right to file a complaint with the Illinois Department of Human Rights or the U.S. Equal Employment Opportunity Commission or Department of Justice.
(E) Retaliation prohibited. No person filing a complaint under this policy or who legitimately assists another in the prosecution of any such complaint shall be subjected to retribution or retaliation of any kind for doing so.
(F) Filing complaints.
(1) Filing of complaints. All complaints of sexual harassment shall be filed with either an immediate supervisor or in the alternative with the Mayor or Village Attorney.
(2) Investigation.
(a) Complaints filed under this policy shall be promptly and thoroughly investigated by an individual designated by the Mayor.
(b) Upon completion of the investigation, the person conducting the investigation shall prepare a report addressing all allegations in the complaint and objectively documenting all relevant factual findings of the investigation. The investigatory report shall contain neither conclusions concerning the complaint nor recommendations as to disposition.
(c) The investigative report shall be presented to the Mayor upon completion and within 15 days after receipt of the complaint. This time requirement may be extended by the Mayor, in writing, upon request of the investigator and good cause shown for such an extension.
(G) Adjudication.
(1) All complaints of sexual harassment shall be adjudicated by the Mayor or the Mayor’s designee in the event the Mayor is unable to discharge this duty. Such adjudicative hearing shall be closed to the public.
(2) Upon receipt of the completed investigative report, the Mayor, or designee, shall conduct an administrative hearing at which the report shall be presented and considered. Hearings shall be conducted before a court reporter empowered to take testimony under oath. The court reporter shall require all witnesses to provide testimony under oath and shall prepare a verbatim transcription or recording of the proceedings which shall serve as the official record of the hearing.
(3) The accused employee shall be notified, in writing, at least ten days before the hearing of the complaint and the underlying allegations. The accused employee may request one postponement of the hearing upon receipt of the notice in order to obtain legal counsel; however, the delay occasioned by such request shall not exceed 30 days from the date of receipt of the notice by the accused employee.
(4) The accused employee shall be entitled to attend the hearing and testify in his or her own behalf, and shall be entitled to confront and cross-examine the employee who filed the complaint. In the event that the complainant elects not to attend the administrative hearing and upon objection from the accused to the complainant’s absence, the complaint may be dismissed and the accused deemed innocent of the allegations.
(5) The accused employee shall be entitled to call witnesses in his or her own behalf and to introduce evidence which bears upon the issues presented by the complaint and investigative report.
(6) At the conclusion of the hearing, or within five days thereafter, the Mayor, or designee, shall make findings concerning the innocence or guilt of the accused to the offense of sexual harassment.
(7) A finding of guilt must be supported by substantial, credible evidence that:
(a) The facts alleged by the complaint to have occurred are true;
(b) Those facts constitute sexual harassment within the meaning of this policy; and
(c) The accused is the person who committed the acts amounting to sexual harassment.
(H) Responsibility.
(1) Supervisors. Each supervisor has a responsibility to maintain the work place free of sexual harassment. This duty includes discussing this policy with all employees and assuring them that they are not to endure insulting, degrading or exploitative sexual treatment.
(2) Village. It is the responsibility of the village to:
(a) Provide information to managers and supervisors regarding this policy specifically, and sexual harassment generally; the gravity of such behavior; and the procedure to be employed in the event a complaint of sexual harassment is made or conduct amounting to sexual harassment is observed; and
(b) Provide necessary training to managers and supervisors in order to reduce the likelihood of sexual harassment in the work place.
(I) False accusations. Due to the serious and private nature of this offense, false accusations of sexual harassment are, and will be treated as, a disciplinary offense and will result in the same level of punishment as that applied to one who engages in such behavior.
(J) Protections. Persons reporting sexual harassment may also be protected from retaliation pursuant to the Illinois Whistleblower Act, the Illinois Human Relations Act and the Illinois State Officials and Employees Ethics Act.
(K) It is the policy of the Village of Wapella to provide an independent review of allegations of sexual harassment made against an elected official of the Village of Wapella. Any elected official, employee, non-employee or patron may file a sexual harassment complaint with the attorney for the Village of Wapella. Such complaint shall be promptly reviewed and investigated. All proceedings shall be private. A written report shall be submitted to the Board of Trustees including findings of fact and a determination whether or not the complaint is founded. If the complaint is founded the Board of Trustees shall determine the appropriate remedy. Pursuant to the protections set forth in this section and Illinois law, no retaliation may be taken against any person who files a complaint. Complainants may have other protections and remedies to file complaints with the Illinois Human Rights Department, the United States Equal Employment Opportunity Commission, the United States Department of Justice and other federal or state agencies.
(Ord. 2017-19-12, passed 12-19-2017; Ord. 2020-02-18, passed 2-18-2020)