Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 12-15-2003 (Ch. 34B of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Grievance procedures — See Ch. 23.

§ 74-1 Applicability.

The following policy and procedures shall apply to all Village of Delhi employees.

§ 74-2 Acts constituting sexual harassment.

A. 
Pursuant to guidelines developed by the Equal Employment Opportunity Commission, "sexual harassment" shall be defined as unwelcome verbal or physical sexual advances and requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when:
(1) 
Such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) 
Such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) 
Such conduct has the purpose or effect of substantially interfering with an individual's work, or creating an intimidating, hostile or offensive work environment.
B. 
Sexual harassment includes, but is not limited to, sexually suggestive gesturing; verbal harassment or abuse of a sexual nature; subtle or direct pressure for sexual involvement; unwanted references to one's physical appearance, or sexuality; comments or actions which ridicule or humiliate; physical assault; and any unnecessary touching.

§ 74-3 Prohibition; disciplinary actions; investigation of complaints.

A. 
Sexual harassment in any form is prohibited in Village of Delhi employment. Employees who violate this prohibition shall be subject to discipline in accordance with relevant provisions of the Civil Service Law, the Collective Bargaining Agreement covering the person's employment, or such other personnel policies as may relate to the individual's employment. Depending upon the circumstances, disciplinary action may include termination of employment, or such other action as is deemed suitable, including requiring an employee to participate in appropriate training to instruct and sensitize the employee on issues of sexual harassment.
B. 
Allegations and complaints of sexual harassment will be swiftly and thoroughly investigated by the Village to substantiate the same. Because of the sensitive nature of the issue of sexual harassment, particular efforts will be made to conduct investigations with due regard for the confidentiality of the complainant and the alleged violator. The rights of both complainant and alleged violator shall be protected. Every effort will be made to address and resolve these matters in house; however, no actions will be taken to prevent or discourage complainants from seeking assistance from outside enforcement agencies.

§ 74-4 Responsibility of Clerk and department heads.

A. 
The Village Clerk shall be responsible for coordinating the implementation of this policy.
B. 
Department heads and supervisory staff shall be responsible for discouraging sexual harassment in any form and dealing with it quickly and decisively if it should occur.