Loading...
HomeMy WebLinkAboutAdministrative Order No. 1993-03 Sexual Harassment Policy THE CITY OF BOZEMAN 411 E. MAIN ST. P.O. BOX 640 PHONE (406) 586-3321 BOZEMAN. MONTANA S9715~640 Administrative Order Ro. 93-3 The City of Bozeman's Sexual Harassment POlicy, Sexual Harassment Complaint Procedures, and Sexual Harassment Complaint Form, attached her~, are hereby adopted. Dated this ~y of May, 1993. BOZEMAN HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK SEXUAL HARASSMENT POLICY STATEMENT A. Policy ~ It is the City's policy that there shall be no harassment or any employee on account or an employee's sex. The City does not condone nor does it permit sexual harassment or any employee. All employees are expected to abide by this policy. Any employee who violates this policy will be subject to disciplinary action up to and including discharge. B. Sexual Harassment Sexual harassment is defi~ed as 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 an individual's employment; 2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or 3. Such conduct has a purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment. The City is responsible for the acts of its employees and non- employees with respect to sexual harassment of employees in the work place. Prohibited acts of sexual harassment can take a variety of forms ranging from subtle pressures for sexual activity to physical assault. Examples of this kind of conduct include: It Sexual advances which are unwanted (this may include situations which began as reciprocal attractions, but later ceased to be reciprocal). It Sexual gestures such as leering, staring, ogling or "elevator eyes". iii' Displaying sexually suggested objects, cartoons, calendars, posters, etc. pictures, iii' Sexually oriented jokes, limericks, poems, or stories. . Verbal or written abuse of a sexual nature to include suggestive letters, notes, imitations, repeated telephone calls, repeated invitations, pressure for sexual favors and/or for dates. CITY OF BOZEMAN 5/93 · Reprisals or threats after negative response to sexual advances. It Employment benefits effected in exchange for sexual favors. · Physical conduct such as assault, attempted rape, deliberate unsolicited touching of another person's hair, body, or clothing including hugging, kissing, patting, bumping, grabbing, stroking, leaning over, cornering, pinching or massaging neck or shoulders. · Use of endearing terms such as dear, honey, doll, babe or sweetie. · Allowing non-employees to conduct the aforementioned offensive behavior in the work place. · An environment in which an offensive behavior is so pervasive that it becomes intimidating or hostile. c. Complaint Procedure Employees should report sexual harassment as soon as possible after the incident or action occurs. Early reporting 1S encouraged, because Management's ability to investigate and act on reports diminishes with time. If you feel you are being sexually harassed, do not keep it to yourself. Take the following steps: · Inform the individual that the individual's behavior is unwelcome, offensive or inappropriate. Do not assume or hope that the problem will go away; and ~ Immediately notify your first-line supervisor who is not involved in the alleged harassment, your Department Head or the City's Personnel Director. Any employee who becomes aware of any possible sexual harassment should immediately advise the Personnel Director. All complaints of sexual harassment will be investigated as discreetly and confidentially as possible. No person will be adversely affected in employment with the City as a result of bringing a complaint of sexual harassment. CITY OF BOZEItAH 5/93 SEXUAL HARASSMENT COMPLAINT PROCEDURE 1. Any employee who believes he or she, or another employee, has been sexually harassed should immediately report the incident to his or her first-line supervisor who is not involved in the alleged harassment, to his or her department head, or to the Personnel Director. 2. Any supervisor or Department Head who receives a report of a sexual harassment violation shall have the individual fill out the City's Sexual Harassment Complaint Form and forward the complaint immediately to the Personnel Director. 3. The Personnel Director shall immediately notify the City Manager and the City Attorney. The City Manager shall appoint in writing an impartial investigator who is not within the affected department and who shall investigate the complaint and make a factual report to the City Manager within ten (10) working days after appointment unless an extension is granted by the City Manager. The Personnel Director shall provide assistance as needed to the investigating official. The report shall, at the minimum, contain the following: a. A summary of the allegations and the accused response; b. A summary of the persons interviewed and their credibility; c. Findings of facti d. Discussion of conclusions about the allegations; and e. Recommendations for remedial and other corrective action. 4. Upon receipt of the complaint alleging sexual harassment, the City Manager will take any appropriate and necessary steps the City Manager deems necessary to prevent the alleged conduct from continuing pending completion of the investigation. 5. The City Manager, upon receiving the investigator's report, will forward the report to the department head for appropriate action, or take whatever action the City Manager deems appropriate, or a combination of both. In either case, the employees directly involved and the department head shall be informed in writing of the results of the investigation and the City's decision. Otherwise, the report and decision shall remain confidential, and shall be disseminated only to those with a legitimate need to know. The report shall not be copied without the consent of the City Manager, the City Attorney, or Personnel Director. The report, after being read, shall be returned to the report file which shall be kept by the Personnel Director. 6. If the results of the investigation establish that there is City of Boz.-n S/93 . ' insufficient evidence to find that a policy violation occurred, all individuals involved will be informed that the matter is concluded. If the results of the investigation establish that a policy violation occurred, the department head or City Manager will take appropriate disciplinary action, up to and including termination of employment and any other measures deemed necessary under the circumstances to remedy the policy violation. 7. No person will be adversely affected in employment with the City as a result of bringing a complaint of sexual harassment. 8. The Personnel Director shall follow-up with the department head and the affected depa~tments within six (6) months and within one (1) year of the completion of the report to insure that the work place is free of misconduct and that the victim and witnesses are not suffering retaliation. City of Bou.M 5/93 .. . .. SEXUAL HARASSMENT EMPLOYEE COMPLAINT FORM (This ~l.in1: should be filed with your i-.diet. supervisor, .r~1: heIld, or Personnel Director) Name Job Title Department Name of immediate Supervisor Statement of Complaint (Be specific;. Please read the pol icy statement on the reverse before completinQ this section.) Date of Incident Name(s) of Person(s) Accused of wrongdoing Name(s) of Witnesses Description of Incident (Describlt actions of all ~rson(s) involved, incLudinq yOUrself.) Adjustment Requested Employee Signature Date Complaint Submitted to: (Check one) Personnel Director Time A.M./P.M. (Name) Immediate Supervisor (Name) Personnel Director/Supv. Signature Date Received City of Boleman 5/93 SEXUAL HARASSNEMT POLICY STATEftENT A. Policy It is the City's DOllCY thllt there shall be no hII.........t of any .-olClY*! on aCCOWlt of an .-oloyee's sex. The City does not condone nor does it De...it sexu.l hIIr.._t of any ..lay_. All mplayees are expected to abide by this DOliey. Arty ~loyee who violates this DOlley will be subject to disciplinary action up to and inch.di~ discharge. B. Sexual Harassment Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is ..de either explicitly or implicitly a term or condition of an individual's employment; 2. Submission to or rejection of such conduct by an individual is used as a basis for employ..nt decisions affecting such individual; or 3. Such conduct has a purpOSe or effect of substantially interfering with a person's Io/Ork performance or creating an intimidating, hostile, or offensive work environMent. The City is responsible for the acts of its employees and non-employees with respect to sexual harassment of employees in the work place. Prohibited acts of sexual harassment can take a variety of forms ranging from subtle pressures for sexual activity to physical assault. Examples of this kind of conduct include: " Sexual advances which are unwanted (this may include situations which began as reciprocal attractions, but later ceased to be reciprocal). " Sexual gestures such as leering, staring, ogling or "elevator eyes". " Displaying sexually suggested objects, pictures, cartoons, calendars, posters, etc. " Sexually oriented jokes, l illlericks, poellls, or stories. " Verbal or written abuse of a sexual nature to include suggestive letters, notes, iMitations, repeated telephone calls, repeated invitations, pret.ure for sexual favors and/or for dates. w Reprisals or threats after negative response to sexual advances. · EmplOYMent benefits effected in exchange for sexuIl favors. " Physical conduct such as assault, attempted rape, deliberate unsolicited touching of another person I s hai 1', body, or clothing including hugging, kissing, petting, bulllping, grabbing, stroking, leaning over, cornering, pinching or ..sseging neck or shoulders. · Use of endearing terms such as dear, honey, doll, babe or sweetie. w Allowing non-employees to conduct the aforementioned offensive behavior in the work place. " An environment in which an offensive behavior is so pervasive that it beco.es intiMidating or hostile. c. Complaint Procedure Employees should report sexual harassment as soon as possible after the incident or action occurs. Early reporting is encouraged, because Hanag..ent's ability to investigate and act on reports di.inishes with time. If you feel you are being sexually harassed, do not keep it to yourself. Take the following steps: · Inform the individual that the individual's behavior is unwelcOMe, offensive or inappropriate. Do not assume or hope that the probl.. will go away; and · Immediately notify your first-line supervisor who 1s not involved in the alleged harass..nt, your Department Head or the City's Personnel Director. Any employee who be cOllIes aware of any possible sexual harasslllent should illlllledietely advise the Personnel Director. All complaints of sexual harass.ent will be investigated .. discreetly and confidentially as possible. No person will be adversely affected in employment with the City as a result of bringing a complaint of sexual harassment. CITY OF BOZEMAN 5/93 . . .