Harassment on the basis of a person's sex by a supervisor,
coworker or other person is a discriminatory practice which violates
Title VII of the Civil Rights Act of 1964 and regulations passed by
the United States Equal Employment Opportunity Commission. Aside from
being illegal, sexual harassment undermines the integrity of individual
work relationships and damages the morale of the entire work force.
It is the policy of this government that all employees are entitled
to work in an environment free from all forms of illegal discrimination,
including that which is based upon a person's sex. Accordingly,
any practice or activity which constitutes sexual harassment is strictly
forbidden within Village workplaces and shall, if substantiated in
accordance with this policy, result in disciplinary action.
Sexual harassment is a serious violation of the work rules of
this government and, if proven, shall be grounds for the imposition
of discipline. Potential sanctions for the offense shall range from
a minimum of a five-day suspension without pay to termination, depending
upon the following:
Any employee who believes that another employee is engaging
in sexual harassment may file a complaint within a reasonable period
of time after the event (normally not more than 180 days).
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.
A.
Filing of complaints. All complaints of sexual harassment shall be
filed with either an immediate supervisor or the Mayor, who will then
notify the Board of Trustees.
B.
Investigation.
(1)
Complaints filed under this policy shall be promptly and thoroughly
investigated by the Mayor and Board of Trustees.
(2)
Upon completion of the investigation, the Mayor shall prepare a comprehensive
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.
(3)
The investigative report shall be presented to the Board of Trustees
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.
A.
All complaints of sexual harassment shall be adjudicated by the Mayor
or Deputy Mayor in the event that the Mayor is unable to discharge
this duty.
B.
Upon receipt of the completed investigative report, the Mayor shall
conduct an administration 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/recording of the proceedings which shall serve
as the official record of the hearing.
C.
The accused employee shall be notified, in writing, at least 10 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.
D.
The accused employee shall be entitled to attend the hearing and
testify in his/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 shall be dismissed and the accused deemed innocent of
the allegations.
E.
The accused employee shall be entitled to call witnesses in his/her
own behalf and to introduce evidence which bears upon the issues presented
by the complaint and investigative report.
F.
At the conclusion of the hearing or within five days thereafter,
the Mayor shall make findings concerning the innocence or guilt of
the accused of the offense of sexual harassment.
G.
A finding of guilt must be supported by substantial, credible evidence
that:
A.
Supervisors. Each supervisor has a responsibility to maintain the
workplace 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.
B.
Human Resource manager. It is the responsibility of the Human Resource
Department manager to:
(1)
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 that a complaint
of sexual harassment is made or conduct amounting to sexual harassment
is observed.
(2)
Provide necessary training to managers and supervisors in order to
reduce the likelihood of sexual harassment in the workplace.
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.
