[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
7-24-1996 by Ord. No. 1996:721. Amendments noted where applicable.]
The Borough of Closter expressly prohibits any form of sexual harassment.
Improper interference with the ability of employees to perform their expected
job duties will not be tolerated. It is Borough of Closter policy that all
employees have a right to work in an environment free of discrimination, which
encompasses freedom from sexual harassment. The Borough of Closter strongly
disapproves of sexual harassment of its employees, in any form, and states
that all employees at all levels of the Borough of Closter must avoid offensive
or inappropriate sexual and/or sexually harassing behavior at work and will
be held responsible for ensuring that the workplace is free from sexual harassment.
All employees, female or male, shall be permitted to work in an environment
free from all forms of unlawful discrimination and conduct which can be considered
harassing, coercive or disruptive, including sexual harassment. Sexual harassment
is a form of employee misconduct which undermines the integrity of the employment
relationship. Sexual harassment debilitates morale and interferes with work
productivity and, therefore, will not be tolerated.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes gross sexual imposition such as touching, fondling, grabbing
or assault.
Includes solicitation of sexual activity or other sex-linked behavior
by promise of reward.
Includes coercion of sexual activity by threat of punishment.
Includes any unwelcome sexual advances, requests for sexual favors
and other verbal or physical conduct based on gender when:
Submission to such conduct is made either explicitly or implicitly a
term or condition of a person's employment;
Submission or rejection of such conduct by a person is used as a basis
for employment decisions affecting that person;
Such conduct has the purpose or effect of unreasonably interfering with
a person's work performance; or
Such conduct creates an intimidating or offensive work environment.
A.
The borough policy prohibits unwelcome sexual advances;
requests for sexual acts or favors with or without accompanying promises,
threats or reciprocal favors or actions; or other verbal or physical conduct
of a sexual nature which has the purpose or effect of adversely affecting
an employee's performance or which creates a hostile or offensive working
environment. Examples of prohibited conduct include but are not limited to
lewd or sexually suggestive comments; slurs and other verbal, graphic or physical
conduct relating to an individual's sex; or any display of sexually explicit
pictures, greeting cards, articles, comic books, magazines, photos or cartoons.
B.
In order to ensure the integrity of the work environment,
supervisory personnel are required to ensure adherence to and compliance with
this policy and, upon being informed of possible sexual harassment, are required
to take appropriate immediate action in response, including informing employees
of their right to file a discrimination complaint with the Administrator.
C.
Employees are encouraged, whether directly or through
a third party, to notify the alleged harasser that the behavior in question
is offensive and unwelcome. However, failure to do so does not preclude filing
a complaint. Employees are encouraged to promptly report all alleged incidents
of sexual harassment to the Administrator.
A.
Who may file.
(1)
Any borough employee who feels that he or she has been
the victim of sexual harassment, or who witnessed acts of sexual harassment
against a fellow employee of the borough, may file a complaint of sexual harassment
with the following persons in the following order:
(2)
Any filing of a complaint against a person other than
the complainant's department head must be accompanied by a statement that
the person to whom the complaint should otherwise be addressed in accordance
with the list hereinabove cannot, according to the complainant, be objective
about the sexual harassment charge the complainant wishes to file.
B.
Contents of complaint.
(1)
The initial complaint may be made orally or in writing.
If the complaint is made orally, the Borough Administrator or the alternate
officer shall reduce the same to a written document, which shall, if it is
deemed accurate, be signed by the complainant. The complaint must include
the following information:
(a)
The name, department and position or title of the complainant.
(b)
The name, department and position or title of the charged
party.
(c)
The date, time, nature and circumstances, in detail,
of each instance of alleged sexual harassment, including but not limited to
the injuries or consequences suffered by the complainant, the names of any
witnesses to such actions and the duration of the actions at issue.
(d)
Whether such harassment has been previously reported
and, if so, the date and to whom it was reported.
(2)
Nothing in this section shall prevent the complainant
from providing other information or documents he or she believes are essential
to the fair adjudication of his or her case.
C.
Investigation of filed complaint. The Borough Administrator
is hereby designated as the sexual harassment officer. The Borough Clerk of
the borough is hereby designated as the alternate officer. Persons who, by
reason of the circumstances, are uncomfortable directing a complaint to the
Administrator may report the same to the alternate officer. The Borough Administrator
or alternate officer shall be responsible for the prompt and thorough investigation
of each claim. The investigation shall be completed within five business days
of filing of the complaint, and a written report of the investigation shall
be forwarded to the Mayor within seven days of the completion of the investigation.
A copy of the report shall be furnished to the complainant. It shall be the
duty of the person responsible for the investigate to:
D.
To the extent possible, the sexual harassment investigative
proceedings will be conducted in manner to protect the confidentiality of
the complainant, the alleged harasser and all witnesses. All parties involved
in the proceedings will be advised to maintain strict confidentiality from
the initial meeting to the final decision, to safeguard the privacy and reputation
of all involved. The investigation shall make every attempt to maintain the
confidentiality of the information provided to the investigator.
E.
A finding of no probable cause as a result of an investigation
does not necessarily establish that an accusation is false. However, this
policy shall not be used to intentionally bring frivolous or malicious charges
against an employee.
A.
Standard for determination of guilt. The Borough Administrator
or the alternate officer shall determine that a charged party is not guilty
of the offense of sexual harassment unless he/she/they find, based on the
investigation and hearing, in the case of an appeal, that substantial, credible
evidence supports the conclusion that:
B.
If the validity of the complaint cannot be determined,
immediate and appropriate action will be taken to assure that all parties
are reacquainted with the sexual harassment policy so as to prevent sexual
harassment in the future.
A.
Penalties.
(1)
In the event of an appeal, the Borough Administrator
or the alternate officer shall be permitted to impose the following penalties
or conditions of employment upon a borough employee found to have committed
the offense of sexual harassment:
(2)
Any disciplinary action shall be consistent with applicable
collective bargaining agreements and any applicable borough personnel code
provisions.
B.
Appeal to the Mayor and Council. A complainant or charged
party may appeal the determination of the Borough Administrator to the Mayor
and Council. The appealing party must file a request for an appeal in writing
with the Borough Administrator within 10 days of the determination of the
Borough Administrator stating why the determination of the Borough Administrator
should be overturned. The party not appealing shall have the option of submitting,
within 10 days of the filing of the request for an appeal, a statement explaining
why the determination of the Borough Administrator should be affirmed. The
determination by the Mayor and Council shall be a final action.
C.
To the extent permitted by law, the borough will not
be liable for damages obtained as a result of a decision of a nonlocal agency
or court of superior administrative remedies described herein.
A.
Retaliation. It shall be a violation of this policy for
any employee to take reprisals against any person because she/he has filed
a complaint or testified or assisted in any proceeding under this policy.
Threats, other forms of intimidation, and/or retaliation against the complainant
or any other party based on involvement in the complaint process may be cause
for disciplinary action. There will be no retaliation against employees for
reporting sexual harassment or assisting the borough in the investigation
of a complaint. However, if after investigating any complaint of harassment
or unlawful discrimination the borough 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.
B.
False accusations. Since a charge of sexual harassment
is a grave and serious one, false accusations of sexual harassment are, and
will be treated as, a disciplinary offense and will result in a level of punishment
appropriate for a person actually engaging in such behavior.
C.
A person who knowingly and/or recklessly fails to give
truthful testimony to the Administrator shall also be guilty of having made
false accusations.
A copy of the sexual harassment policy will be distributed to all township
employees and will be posted in a prominent place in the Closter Municipal
Building.
Employees of the borough shall be provided with training, by a person
trained to lead or implement such training, which shall include a detailed
discussion of the following:
A.
A detailed explanation of what constitutes sexual harassment.
B.
The procedures for filing a sexual harassment charge.
C.
The procedures to be followed in the investigation of
a sexual harassment charge.
D.
Management's obligation regarding incidents of sexual
harassment.
E.
Recordkeeping requirements.
