The Village will not tolerate and will seek to eradicate any
behavior by its employees which constitutes sexual misconduct toward
another employee, volunteer, intern, or member of the public. "Sexual
misconduct" means any actual, attempted or alleged sexual molestation,
assault, abuse, sexual exploitation or sexual injury. "Sexual misconduct"
does not include "sexual harassment."
It is the express policy of the Village to encourage victims
of sexual misconduct, and their parents or guardians in the case of
minors, to come forward with such claims. The Village shall designate
a Sexual Misconduct Coordinator who shall remain accountable for the
implementation and monitoring of this policy. The identity of the
Sexual Misconduct Coordinator shall remain on file with the Village.
In order to conduct an immediate investigation, any incident of sexual
misconduct shall be reported as quickly as possible in confidence
pursuant to this article.
Employees are required to report any known or suspected incidents
of sexual misconduct. They shall report to their supervisor or the
Sexual Misconduct Coordinator. If the person to whom an employee is
directed to report is the offending person, the report should be made
to the next higher level of administration or supervision.
All formal complaints shall be given a full, impartial and timely
investigation. During such investigation, every effort shall be made
to protect the privacy rights of all parties, although confidentiality
cannot be guaranteed.
Any Village employee who is determined, after an investigation,
to have engaged in sexual misconduct in violation of this policy shall
be subject to disciplinary action up to and including discharge.
False accusations regarding sexual misconduct shall not be tolerated,
and any person knowingly making a false accusation shall likewise
be subject to disciplinary action up to and including discharge.
The Village shall discipline any individual who retaliates against
any person who reports alleged sexual misconduct or who retaliates
against any person who testifies, assists or participated in an investigation,
a proceeding or a hearing relating to a sexual misconduct complaint.
Retaliation includes, but is not limited to, any form of intimidation,
reprisal or harassment.
A.
Definitions. "Sexual child abuse," as used in this chapter, is defined
as the following:
(1)
"Child"
for the purposes of child abuse is defined as a person under 18 years
of age, who, prior to juvenile proceedings, has not been judicially
emancipated or emancipated by marriage.
(2)
"Abuse" means any one of the following acts which seriously endanger
the physical, mental or emotional health of a child:
(a)
The infliction, attempted infliction, or as a result of inadequate
supervision the allowance of the infliction of physical or mental
injury upon a child by a parent or any other person.
(b)
The exploitation or overwork of a child by a parent or any other
person.
(c)
The involvement of the child in any sexual act with a parent
or any other person, or the aiding or toleration by the parent or
caretaker of the child's sexual involvement with any other person
or the child's involvement in pornographic displays, or any other
involvement of a child in sexual activity constituting a crime under
the laws of this state.
(3)
Sexual abuse of a minor is a crime.
B.
Any case of known or suspected child abuse of a minor shall be reported
immediately in compliance with Illinois mandatory reporting guidelines
and to the Sexual Misconduct Coordinator, the Village Attorney's office,
and Police Department.
C.
In the event that the Sexual Misconduct Coordinator is first notified
of an incident of known or suspected child abuse, the Sexual Misconduct
Coordinator shall immediately notify the child's parent or legal guardian
as the case may be and the appropriate legal authorities as required
by state or local law. The Sexual Misconduct Coordinator shall prepare
a Suspected Child Abuse Standard Report and immediately follow up
to investigate the incident and to ascertain the condition of the
child. The Sexual Misconduct Coordinator shall consult and communicate
with the Village Attorney as necessary.
D.
Any employee involved in a reported incident of sexual misconduct
and/or child abuse shall be immediately relieved of responsibilities
that involve interaction with minors or shall be suspended as determined
by the employee's supervisor. Reinstatement of employees involved
in a reported incident of child abuse shall occur only after all allegations
of child abuse have been fully investigated and resolved by the Village.
The Sexual Misconduct Coordinator shall maintain all records
and documentation required by law or otherwise required by this and
other such related policies of the Village, including all documents
related to procedures for hiring-screening, employee/volunteer code
of conduct, training, sign-in/sign-out, pick-up and release procedures,
incident reporting follow-up and disciplinary action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This policy is to be reviewed and signed by all employees and
volunteers.
