52.3
SEXUAL HARASSMENT POLICY


52.3.1	BUSINESS NECESSITY
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.

52.3.2	DEFINITIONS
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.
52.3.3	POLICY
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..

52.3.4	PROCEDURES
52.3.4.1	SUPERVISOR'S RESPONSIBILITIES
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.

52.3.4.2	EMPLOYEE'S RESPONSIBILITIES
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.

52.3.4.3	FILING A COMPLAINT
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.

52.3.4.4	INVESTIGATION OF COMPLAINT
(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.
Canfield Police Department


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