It is a civil right that each employee is entitled to work in an environment that is free from sexual harassment. The purpose of this policy is to maintain a healthy work environment and to provide procedures for reporting, investigation and resolution of complaints of sexual harassment.

Sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or

(b) submission to, or rejections of, such conduct by an individual is used as the basis for employment decisions affecting such individual, or

(c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment can occur in same sex situations, and in opposite sex situations by both men and women. Examples of what might be considered conduct amounting to sexual harassment have been delineated by the American Bar Association as follows:

• demanding sexual favors from a co-worker or subordinate in exchange for favorable reviews, assignments, promotions, continued employment, or promises of such.
• engaging in continual or repeated unwanted sexual jokes, language, epithets, flirtation, propositions, or advances.
• explicit verbal comments about a co-worker’s or subordinate’s body, sexual prowess, or sexual deficiencies.
• whistling, touching, pinching, brushing the body, assault, making suggestive, insulting, or obscene comments or gestures.
• showing suggestive objects, pictures, posters, or cartoons.
• name calling, relating stories, gossip, comments, or jokes that may be derogatory toward a particular sex.
• retaliating against employees for complaining about the behavior of co-workers or superiors.
• asking questions concerning sexual orientation or preferences.
• consistently harassing only members of one sex, even if the content of the verbal abuse is not sexual.

The management of this Department is committed to maintaining a workplace that is free of sexual harassment. This agency does not condone, and will not tolerate, any sexual harassment. Therefore, the agency shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment. It is the policy of this Department that:

(a) No employee shall sexually harass another employee.

(b) No employee shall make offensive or derogatory comments based on race, color, sex, religion, or national origin either directly or indirectly to another person.

(c) No employee shall offensively, either explicitly or implicitly, ridicule, mock, deride, or belittle any person.

Engaging in sexual harassment shall be grounds for discipline. Progressive discipline will be followed up to and including termination. Termination may result in cases involving battery, rape, attempted rape, etc..

Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes:

• monitoring the work environment for signs that harassment may be occurring;
• counseling all employees on the types of behavior prohibited, and the agency procedures for reporting and resolving complaints of harassment;
• stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his line of supervision;
• taking immediate action to limit the work contact between two employees where there has been a complaint of harassment, pending investigation; and
• maintaining strict confidentiality by only disseminating information concerning a sexual harassment complaint to persons who have a business necessity of knowing of the complaint.

All complaints concerning sexual harassment made to a supervisor, whether formal or informal, will be carefully documented by the supervisor in writing and forwarded to either the Chief of Police or the City Manager.

Failing to comply with these supervisory responsibilities will be grounds for discipline. Progressive discipline will be followed, up to and including termination.

Employees encountering conduct which may amount to sexual harassment shall, where practicable, tell the harasser that their actions are unwelcome and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation. Employees encountering work conditions they feel are offensive or hostile should immediately report the problem to an appropriate supervisor (the normal chain of command need not be followed). Employees wishing to file a formal complaint concerning sexual harassment shall follow the complaint procedure outlined below.

Any employee encountering sexual harassment shall report the incident(s) to their supervisor, the Chief of Police, or the City Manager (the normal chain of command need not be followed) as soon as possible so that steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated.

(a) The supervisor or other person to whom a complaint is given shall meet with the employee and document the incident(s) complained of, the person(s) performing or participating in the harassment, and the dates on which it occurred. The supervisor shall deliver a detailed written account of the complaint to the Chief of Police or the City Manager (the normal chain of command need not be followed).

(b) The Chief of Police or the City Manager shall be responsible for investigation of any complaint alleging harassment and will conduct the investigation pursuant to the Department’s "Complaint Processing Policy 52.2".

(c) The investigation shall include a determination whether other employees are being harassed by the person, and whether other agency members participated in, or encouraged the harassment.

(d) There shall be no retaliation against any employee for filing a harassment complaint, or assisting, testifying, or participating in the investigation of such a complaint.

(e) This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.