[HISTORY: Adopted by the Town Board of the Town of Philipstown 5-5-1994 as Res. No. 75-94. Amendments noted where applicable.]
Personnel policies — See Ch. 36.
Conduct prohibited by this chapter includes any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:
Submission to the conduct is either explicitly or implicitly a term or condition of an individual's employment.
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
The conduct has the purpose or effect of unreasonably interfering with an affected employee's work performance, creating an intimidating, hostile or offensive work environment.
In addition to any options otherwise available to complainants through employee unions or through state and federal agencies and the courts, the following shall apply:
Any employee who feels that he or she has been the victim of sexual harassment as described in § 46-1 above should contact their Department Head and Town Supervisor.
Complaints should be made within 90 working days of the occurrence of the event which gave rise to the complaint.
The Department Head and the Town Supervisor shall review the complaint, the accused (hereinafter "respondent") and any witnesses, review any relevant documents and assist in the completion of a written complaint form.
The Department Head and the Town Supervisor will inform all respondent parties of the factual allegations and give them an opportunity to respond to all charges and evidence.
The Department Head and the Town Supervisor shall at each opportunity seek conciliation or an informal settlement that is satisfactory to the parties concerned.
The Department Head and the Town Supervisor shall prepare a written report, including recommendations, for the Town Board within 30 days of the written complaint.
The Town Board shall issue a final decision, in writing, to the parties concerned, including disciplinary penalties, if any. If the complaint is lodged against a person under the supervision of the Highway Superintendent, the Town Board's final decision shall constitute a recommendation for action to be taken by the Highway Superintendent.
At any point in the proceedings, the complainant may withdraw the charge by submitting a written request to the Department Head and the Town Supervisor.
The Town Board shall reach its decision within 60 days from the date of the written complaint.
The substance of any complaint and investigation shall remain confidential. Any disclosure of such information shall be deemed to be an unwarranted invasion of personal privacy pursuant to Public Officers Law Article 6, the Freedom of Information Law.
Each complaint will be resolved by either withdrawal of the complaint by the complainant, dismissal of the complaint or remedial action. The complainant shall be notified, in writing, of the outcome.
The following courses may be considered, consistent with the relevant law, rules and regulations of any negotiated collective bargaining agreements:
Placement of a person in a position that the individual would have been entitled to had the discriminatory practice not occurred.
Promotion of a person who has refused advancement because of a discriminatory circumstance.
Hiring a person who was refused employment because of a discriminatory circumstance.
Disciplinary action against a respondent in accordance with the appropriate employee agreement or other applicable disciplinary procedure.
Any other remedial action that can be developed to address the circumstances of a particular case. Each case must be judged on its own merits.
Any employee who participates in the procedure may do so without fear of retaliation. Retaliation against an employee who has filed a discrimination complaint will result in investigation and appropriate disciplinary action against the individual taking retaliation.
The Department Head and the Town Supervisor will keep a record of the status and determination of all complaints for such period as prescribed by the Commissioner of Education's Records Retention and Disposition Schedule. Records of cases that are unresolved will be maintained indefinitely until resolved or until all parties are no longer employed with the town.
All departments, board, committees, councils and commissions of the town shall widely distribute this policy statement by providing a copy to each employee and by including it in all employee orientation procedures. The town shall also post the policy statement in a public place.