Sexual
Harassment policy
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I.
BACKGROUND. Harassment on the basis of a person's
sex by a supervisor, co-worker or other person is a
discriminatory practice which violates Title VII of the
Civil Rights Act of 1964 and regulations passed by the
United States Equal Employment Opportunity Commission.
Aside from being illegal, sexual harassment undermines
the integrity of individual work relationships and
damages the morale of the entire work force.
II. POLICY. It is the policy of the Town of
Holden that all employees are entitled to work in an
environment free from all forms of illegal
discrimination including that which is based upon a
person's sex. Accordingly, any practice or activity
which constitutes sexual harassment is strictly
forbidden within Town work places and shall, if
substantiated in accordance with this policy, result in
disciplinary action.
III. PROHIBITED CONDUCT.
A. Definition. Sexual harassment is defined as any
unwelcome sexual advances, requests for sexual favors
and 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 a person's
employment; or
2. Submission to or rejection of such conduct by a
person is used as a basis for employment decisions
affecting that person; or
3. Such conduct has the purpose or effect of
unreasonably interfering with a person's work
performance; or
14. Such conduct creates an intimidating, hostile or
offensive work environment.
B. Sanctions. Sexual harassment is a serious violation
of the work rules of the Town of Holden and, if proven,
shall be grounds for the imposition of discipline.
Potential sanctions for the offense shall range from a
minimum of a written reprimand to termination depending
upon the following:
1. The individual facts of any given case; and
2. The employment record of the person determined to be
guilty of committing such harassment.
IV. EMPLOYEE RIGHTS. Any employee who believes that
another employee is engaging in sexual harassment may
file a complaint within a reasonable period of time
after the event (normally not more than 180 days).
V. RETALIATION PROHIBITED. No person filing a
complaint under this policy or who legitimately assists
another in the prosecution of any such complaint shall
be subjected to retribution or retaliation of any kind
for doing so.
VI. FILING COMPLAINTS.
A. FILING OF COMPLAINTS. All complaints of sexual
harassment shall be filed with the Town Manager. In the
event the Town Manager is the subject of the sexual
harassment charge, the complaint shall be filed with the
Chairman of the Board of Selectmen, and the Chairman
shall discharge the duties of the Town Manager.
B. INVESTIGATION.
1. Complaints filed under this policy shall be promptly
and thoroughly investigated by an individual designated
by the Town Manager.
2. Upon completion of the investigation, a comprehensive
report addressing all allegations in the complaint and
objectively documenting all relevant factual findings of
the investigation shall be prepared. The investigatory
report shall contain neither conclusions concerning the
complaint nor recommendations as to disposition.
3. The investigative report shall be presented to the
Town Manager upon completion and within fifteen (15)
days after receipt of the complaint. This time
requirement may be extended by the Town Manager, in
writing, upon request of the investigator and good cause
shown for such an extension.
VII. ADJUDICATION.
A. All complaints of Sexual Harassment shall be
adjudicated by the Town Manager.
B. Upon receipt of the completed investigative report,
the Town Manager shall conduct an administrative hearing
at which the report will be presented and considered.
All witnesses shall provide testimony under oath and a
verbatim transcription/recording of the proceedings
shall be made, which shall serve as the official record
of the hearing.
C. The accused employee shall be notified, in writing,
at least ten (10) days before the hearing of the
complaint and the underlying allegations. The accused
employee may request one (1) postponement of the hearing
upon receipt of the notice in order to obtain legal
counsel, however, the delay occasioned by such request
shall not exceed thirty (30) days from the date of
receipt of the notice by the accused employee.
D. The accused employee shall be entitled to attend the
hearing and testify in his or her own behalf, and shall
be entitled to confront and cross-examine the employee
who filed the complaint. In the event that the
complainant elects not to attend the hearing and upon
objection from the accused to the complaint1s absence,
the complaint shall be dismissed and the accused deemed
innocent of the allegations.
E. The accused employee shall be entitled to call
witnesses in his or her own behalf and to introduce
evidence which bears upon the issues presented by the
complaint and investigative report.
F. At the conclusion of the hearing, or within five (5)
days thereafter, the Town Manager shall make findings
concerning the innocence or guilt of the accused of the
offense of sexual harassment.
G. A finding of guilt must be supported by substantial,
credible evidence that;
1. The facts alleged by the complainant are true; and
2. Those facts constitute sexual harassment within the
meaning of this policy; and
3. The accused is the person who committed the acts
amounting to sexual harassment.
VIII. RESPONSIBILITY.
A. TOWN MANAGER. It is the responsibility of the Town
Manager to:
1. Provide information to managers and supervisors
regarding this policy specifically, and sexual
harassment generally; the gravity of such behavior; and
the procedure to be employed in the event a complaint of
sexual harassment is made or conduct amounting to sexual
harassment is observed.
2. Provide necessary training to managers and
supervisors in order to reduce the likelihood of sexual
harassment in the work place.
IX. FALSE ACCUSATIONS. Due to the serious and
private nature of this offense, false accusations of
sexual harassment are, and will be treated as, a
disciplinary offense and will result in the same level
of punishment as that applied to one who engages in such
behavior.
DATE: May 4, 1992 BOARD OF SELECTMEN:
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©2011 Town Of
Holden
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