[HISTORY: Adopted by the Town Board of the Town of Waterford 8-3-1993. Amendments
noted where applicable.]
It is the Town of Waterford's policy that all employees have
the right to work in an environment free of all forms of harassment.
The Town of Waterford does not condone, and will not tolerate, harassment.
Therefore, the Town of Waterford shall take direct and immediate action
to prevent such behavior and to remedy all reported instances of harassment,
sexual or otherwise. The purpose of this policy is to maintain a healthy
work environment and to provide procedures for reporting, investigation
and resolution of complaints of harassment, sexual or otherwise.
The following conduct is defined as "sexual harassment" and
is specifically prohibited:
A.
Unwelcome sexual advances.
B.
Requests for sexual favors.
C.
Other verbal or physical conduct of a sexual nature when:
(1)
Submission to such conduct is made either explicitly or implicitly
a term or condition of employment;
(2)
Submission to or rejection of such conduct by an employee is used
as the basis for employment decisions affecting the employee; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an employee's work performance or creating an intimidating, hostile
or offensive working environment.
A.
Each supervisor shall be responsible for preventing acts of harassment.
This responsibility includes:
(1)
Monitoring the work environment on a daily basis for signs that harassment
may be occurring.
(2)
Counseling all employees on the types of behavior prohibited and
the Town's procedures for reporting and resolving complaints of harassment.
(3)
Stopping any observed acts that may be considered harassment and
taking appropriate steps to intervene, whether or not the involved
employees are directly under such supervisor's supervision.
(4)
Taking immediate action to limit the work contact between two employees
where there has been a complaint of harassment, pending investigation.
B.
Each supervisor has the responsibility to assist any employee of
the Town of Waterford who comes to that supervisor with a complaint
of harassment, in documenting and filing a complaint with an employee,
who shall be made responsible for investigations of complaints of
sexual harassment (hereinafter referred to as the "investigation officer").
C.
Each employee of the Town of Waterford is responsible for assisting
in the prevention of harassment through the following acts:
D.
An employee's failure to take action to stop known harassment shall
be grounds for discipline.
A.
Employees encountering harassment in the workplace shall tell that
person that their actions are unwelcome and offensive. The employee
shall document all incidents of harassment in order to provide the
fullest basis for investigation.
B.
Employees who have complaints of sexual harassment shall report the
incident(s) to their supervisor or any Town of Waterford official
as soon as possible so that steps may be taken to investigate and
resolve the matter and initiate appropriate disciplinary measures.
The employee shall make such report within seven days of the incident.
C.
The person to whom a complaint is given shall meet with the employee
who gave the complaint and document, in writing, the incidents complained
of, the person(s) performing or participating in the harassment and
the dates on which it occurred.
D.
The person to whom a complaint is given will expeditiously deliver
the complaint to the investigation officer.
E.
The investigation officer shall promptly investigate all complaints.
(1)
The investigation officer shall make a determination whether an incident
of sexual harassment did occur.
(2)
The investigation officer shall also determine whether other employees
were or are being harassed by the person(s) and whether other employees
participated in or encouraged the harassment.
(3)
The investigation officer shall inform the parties involved of the
outcome of the investigation.
(4)
The investigation officer shall maintain a file of all harassment
complaints in a secure location.
(5)
Upon conclusion of the investigation and within 180 days after the
complaint is brought, the investigation officer shall make a written
recommendation to the Town Board of the Town of Waterford regarding
the outcome of the investigation.
(6)
The investigation officer shall immediately notify the District Attorney's
office if the complaint contains evidence of criminal activity, such
as battery, rape or attempted rape.
F.
There shall be no retaliation against any employee for filing a harassment
complaint or assisting in the investigation of a complaint. However,
if, after investigating any complaint of harassment, the investigation
officer learns that the complaint is not bona fide or that an employee
has provided false information regarding the complaint, disciplinary
action may be taken against the individual who provided the false
information.
After receiving the recommendation from the investigation officer,
the Town Board shall determine whether:
If the Town Board finds that a party has engaged in sexual harassment,
the Town Board may take one or more of the following actions:
A record shall be maintained with respect to each complaint
of sexual harassment and shall contain the following:
A.
If any party is not satisfied with the outcome of the grievance procedure,
an appeal may be taken directly to the Waterford Town Supervisor or
his designated representative, who may be an outside hearing officer
retained on an ad hoc basis.
B.
This policy does not preclude an employee from filing a complaint
or grievance with an appropriate outside agency. However, employees
are encouraged to first use the grievance procedure established herein.
