SEXUAL HARASSMENT POLICY
I. SEXUAL HARASSMENT
A. Sexual harassment is a form of sex discrimination including unwelcome advances, requests for sexual favors, and verbal or physical conduct of a sexual or intimate nature that is a violation of Title VII of the 1964 Civil Rights Act.
- Verbal harassment is sexually vulgar language, jokes of an offensive sexual nature, sexual propositions or threats, remarks about an individual’s anatomy, derogatory comments about gender, or insulting noises or whistling. Nonverbal harassment is the distribution of written or graphic sexual materials, sexually oriented magazines or posters, displaying nude pictures, or any other depictions of a sexual nature.
- Physical harassment is touching in a manner that is unwelcome, invading personal privacy, or making threats to take such actions.
- The victim, as well as the harasser, may be female or male. The victim does not have to be of the opposite sex. The harasser may be an employee’s direct supervisor a supervisor in another division, a co-worker, or non-employee (victim, vendor, or customer). The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
B. COMPLAINTS / INVESTIGATIONS
- If an employee believes that he or she is being harassed, the alleged harassment should be promptly reported to the employee’s immediate supervisor.
- Complaints that involve the immediate supervisor of the complainant should be directed to the next higher person in the chain of command or in the case of a Division Commander to a Commander of a separate Division.
- Upon receiving a harassment complaint, the supervisor shall prepare a written report and deliver it in a sealed envelope to the Division Commander or in the case the complaint is the Division Commander to the Commander of a separate Division.
- The Division Commander receiving the complaint shall initiate an Internal Investigation in accordance with policy.
- Every effort shall be made to maintain confidentiality with respect to a sexual harassment complaint.
- The investigation of the complaint shall be completed within ten (10) working days from the date the harassment complaint is reported. If not completed within ten (10) days, the investigator must submit a written extension request to the Sheriff.
- If findings from the investigation support the complainant’s allegations, corrective action will be initiated.
- If the findings do not support the complainant’s allegations, the complainant shall be advised in writing that the allegations were not substantiated and the investigation shall cease.
- The individual accused of harassment shall be advised in writing that a complaint was received, investigated, and not substantiated.
- Employees who disagree with the findings of the investigation may appeal to the Sheriff.
- Employees who file harassment complaints or cooperate in the investigation of such complaints shall not be retaliated against or be subjected to adverse job actions.
- Employees who retaliate against victims or witnesses involved in a complaint investigation or hearing regarding sexual harassment shall be subject to disciplinary action up to and including termination.
- Employees whose allegations of harassment are determined to be false due to indisputable evidence and are determined to be malicious in nature shall be subject to disciplinary action up to and including termination.