[HISTORY: Adopted by the Town Board of the Town of Williamson 12-10-1991;
amended in its entirety 3-26-2002 by L.L. No. 1-2002. Subsequent amendments
noted where applicable.]
The purpose of this policy is to:
As used in this policy, the following terms shall have the meanings
indicated:
Can be but not limited to any behavior that includes slurs, threats,
derogatory comments, unwelcome jokes, etc.
Conduct directed at a particular person consisting of unwelcome words
or actions of a sexual nature, such as sexual advances, requests for sexual
favors and/or other verbal or physical conduct of a sexual nature when any
or all of the following conditions exist:
Submission to such conduct is made either explicitly or implicitly a
condition of an individual's securing or maintaining employment;
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
Such conduct, provided that it is sufficiently severe or pervasive,
has the purpose or effect of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile or offensive working
environment.
A.
When an employee or other person believes he/she has
been subjected to harassment by a town employee, the person shall make a complaint
within 15 working days of the occurrence.
B.
The complainant shall make the complaint, in writing,
to the Supervisor.
C.
The complainant shall be required to give a sworn statement
or affidavit that the facts stated in the complaint are true to the best of
the complainant's knowledge.
D.
The complaint shall consist of specific factual allegations
concerning words or actions directed towards the complainant, the manner in
which the complainant indicated the words or actions were unwelcome and the
impact upon the complainant's employment or working environment.
E.
The Supervisor shall inform the complainant of the process
to be followed in investigating and resolving the complaint and shall assure
the complainant that confidentiality will be maintained to the extent possible
in the process.
F.
The Supervisor shall discuss the complaint as soon as
possible with the person alleged to have committed the conduct and attempt
to resolve the problem within one week to the satisfaction of both the complainant
and that person. If such a resolution is achieved, the Supervisor shall note
the details of the resolution, which shall be maintained confidentially by
the Supervisor.
G.
If the problem cannot be resolved as indicated in Subsection F, the Supervisor, with the advice of the Town Attorney, shall investigate the complaint completely within two weeks. The Supervisor shall make a full written record of the investigation.
H.
As a result of his/her investigation, the Supervisor,
with the advice of the Town Attorney, shall make a written determination as
to whether harassment has occurred. In making such a determination, the Supervisor
shall consider the totality of circumstances, including the specific conduct
and its context, whether the complainant indicated the conduct was unwelcome
and the credibility of the parties.
I.
If the Supervisor determines that the harassment has
occurred, the person alleged to have committed the conduct shall be subject
to disciplinary action in accordance with procedures collectively bargained,
where appropriate, or otherwise established by law.
J.
Employees shall retain all contractual and statutory
rights in any disciplinary proceedings.
K.
The complainant shall be informed, in writing, of the
disposition of the complaint, whether by informal resolution or disciplinary
action.
Complaints brought against employees for non-work-related conduct shall
not be investigated. If a complainant does not allege a job-related connection,
the investigation must be terminated.
