163.53 SEXUAL HARASSMENT POLICY AND PROCEDURES.

   (a)   Definition: Sexual harassment is defined as any unwelcome or unwanted sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when any one of the following criteria is met:

      (1)   Submission to such conduct is made, either explicitly or implicitly, a term or condition of the individual's employment;

      (2)   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or

      (3)   Such conduct has the purpose or effect of unreasonable interfering with an individual's work performance or creates an intimidating, hostile or offensive work environment.

   (b)   The City of Youngstown is committed to establishing and maintaining a work atmosphere that is free from sexual harassment and other types of illegal discrimination. Accordingly, the City of Youngstown adopts and reaffirms its commitment to no-discrimination on the basis of sex, including the prohibition of sexual harassment and retaliation in the workplace. Department heads shall take prompt action to address and process complaints of sexual harassment, including retaliation complaints, by consulting with the City Law Department.

   (c)   The City of Youngstown is committed to a prompt response based upon a thorough investigation whenever:

      (1)   An employee alleges that sexual harassment, intimidation or discrimination is taking place;

      (2)   A supervisor observes something which may constitute sexual harassment; or

      (3)   A department head or the Law Department receives information concerning an possible instance of sexual harassment.

   (d)   Any employee who believes that he/she is a victim of sexual harassment should immediately report such incident(s) to his/her department head within 15 working days of the incident which gave rise to the complaint. If it is inappropriate for the complainant to address the complaint to his/her department head (e.g., if the department head is the employee accused of the harassing conduct), then the complaint shall be addressed directly to the City Law Department. An employee may also file a formal complaint with the City of Youngstown Human Relations Commission (HRC) within six (6) months of the alleged act(s), the Ohio Civil Rights Commission (OCRC) within six (6) months of the alleged act(s) or the Federal Equal Employment Opportunity Commission (EEOC) within three hundred (300) days of the alleged act(s).

   (e)   Sexual Harassment Internal Investigation Procedure.

      (1)   The information alleging sexual harassment or improper behavior shall be given to a Department Head and the City Law Department.

      (2)   The City Law Department shall:

         A.   Notify the person accused of engaging in improper activity that the issue has been brought to the attention of the City Law Department; and

         B.   Notify the person bringing forth the issue that a prompt investigation will be conducted by an individual employed outside of the accused's department, to be selected by the City Law Department.

      (3)   The investigator will:

         A.   Conduct an interview with the person who brought the matter to the attention of management;

         B.   Interview the person who is alleged to have engaged in the improper activity. That person will be given an opportunity to explain his/her recollection of the matter, along with any other information which that person wishes to provide;

         C.   Interview persons who have been identified as having some relevant information concerning any aspect of the occurrence(s);

         D.   Prepare written statements containing the information obtained in each interview. This information will be provided to each person interviewed. The person interviewed will be asked to review the accuracy and completeness of the statement and return a signed copy to the investigator.

         E.   Once the facts have been gathered, report the information to the department head, unless the department head is the accused employee in which case the information will be presented to the Mayor or his designee;

         F.   Meet with the Department Head and the City Law Director, the Mayor or his designee to implement the appropriate course of action in accordance with all applicable laws and labor union contracts.

   (f)   Sexual harassment by an employee or supervisor will not be tolerated. All employees will be expected to comply with this policy and take appropriate measures to ensure that such conduct does not occur. Appropriate disciplinary action, up to and including termination, will be taken against any employee who violates this policy against sexual harassment. Because an accusation of sexual harassment can have a serious effect on innocent individuals, disciplinary action up to and including termination will be taken against any employee who knowingly reports a false accusation of sexual harassment. However, determination by the City that an incident of sexual harassment did not take place does not mean that the reporting employee will be subject to discipline.

   (g)   The City of Youngstown prohibits and will not tolerate retaliation or intimidation directed toward anyone who complains of sexual harassment.

   (h)   The determination of the issue and any action taken against any involved party will be communicated in writing to all persons involved.

   (i)   All written material regarding the allegation of sexual harassment shall be kept on file in the City Law Department.

(Ord. 99-299. Passed 7-9-99.)