(A) Sexual harassment defined. As used in this section, SEXUAL HARASSMENT means unwelcome sexual advances, requests for sexual favors and other verbal and physical conduct of a sexual nature, when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment;
(2) Submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting such person; or
(3) Such conduct has the purpose or effect of unreasonably interfering with a person’s work performance or creating an intimidating, hostile or offensive working environment.
(B) Sexual harassment prohibited. No person, while acting as an employee or a public official of the village, whether compensated or volunteer, shall engage in sexual harassment of another employee or public official of the village, whether compensated or volunteer.
(C) Filing of complaint. Any employee or public official of the village who deems himself or herself a victim of sexual harassment may file a written and detailed compliant with Council within 72 hours of the alleged conduct giving rise to the complaint. Filing the complaint with the Village Fiscal Officer shall be construed as filing the complaint with Council.
(D) Notice of complaint; hearings. Upon receipt of a sexual harassment complaint, Council shall set a hearing date for the complaint, and give notice to the alleged victim and the accused. Council, the alleged victim and the accused may all compel the attendance of witnesses at the hearing by subpoena, may all be represented by legal counsel, and may produce and/or seek the production of evidence to ascertain the validity or non-validity of the complaint. A court reporter may be retained by Council for purposes of making a formal and complete record of the hearing.
(E) Decision of Council; appeals. Upon hearing the compliant, Council shall, by majority vote, determine the validity (guilty finding) or non-validity (not guilty finding) of the complaint, and, if Council finds the accused guilty, the appropriate sanction against the accused, with respect to the accused’s future status as an employee or public official of the village. The civil penalty for sexual harassment under this section shall be in the form of appropriate Council-ordered counseling/treatment, reprimand, suspension, required community service or termination, except that an elected public official may not be suspended or terminated. The accused may appeal a guilty finding or the civil penalty imposed, or both, to the Preble County Common Pleas Court within 30 days of Council’s decision, and in so doing, receive a trial de novo, with the evidentiary stipulation that, at the time of the Court trial de novo, the guilty finding of Council will be admissible in evidence in such manner as the Court shall prescribe.
(F) Nonlimitation of section. Nothing in this section shall be construed as limiting alleged victims from otherwise bringing a civil action against an accused, or as limiting a criminal prosecution of an accused. However, failure to file a written and detailed complaint with the guidelines specified in division (C) of this section shall constitute grounds for Council to summarily dismiss a complaint without a hearing.
(G) Resolution conference and recommendation. Between the date Council receives a complaint and the date of the hearing, the Mayor or the Chief of Police (if the Mayor is the accused) may schedule and hold a resolution conference among the alleged victim, the accused and their legal counsel, for purposes of making a resolution recommendation to Council that is agreeable to both the alleged victim and the accused. Council may adopt a resolution recommendation in lieu of the hearing.
(Prior Code, § 246.12) (Ord. 620, passed 10-21-1996)