[HISTORY: Adopted by the Borough Council
of the Borough of Hillsdale 6-11-1996 as Ord. No. 96-7. Amendments
noted where applicable.]
The Borough of Hillsdale hereby adopts a formal
policy on sexual harassment which shall be distributed to every employee
of the Borough of Hillsdale and which shall be strictly enforced.
As used in this chapter, the following terms
shall have the meanings indicated:
Unwelcome sexual advances, requests for sexual favors and
other verbal or physical conduct based on gender when
Submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment;
Submission to or rejection of such conduct by
an individual is used as the basis for employment decisions affecting
such individual; or
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, including but not limited
to:
GENDER HARASSMENTGeneralized gender-based remarks and behavior.
SEDUCTIVE BEHAVIORInappropriate, unwanted, offensive physical or verbal sexual advances.
SEXUAL BRIBERYSolicitation of sexual activity or other sex-linked behavior by promise of reward.
SEXUAL COERCIONCoercion of sexual activity by threat of punishment
SEXUAL ASSAULTGross sexual imposition such as touching, fondling, grabbing or assault.
All employees, female or male, shall be permitted
to work in an environment free from all forms of unlawful discrimination
and conduct which can be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment is a form of employee
misconduct which undermines the integrity of the employment relationship.
Sexual harassment debilitates morale and interferes with work productivity
and, therefore, will not be tolerated.
A.
Supervisory. In order to ensure the integrity of the
work environment, supervisory personnel are required to ensure adherence
to and compliance with this policy; and, upon being informed of possible
sexual harassment, are required to take appropriate immediate action
in response, including informing employees of their right to file
a discrimination complaint with the Administrator.
B.
Employee. Employees are encouraged, whether directly
or through a third party, to notify the alleged harasser that the
behavior in question is offensive and unwelcome. However, failure
to do so does not preclude filing a complaint. Employees are encouraged
to promptly report all alleged incidents of sexual harassment to the
Borough Administrator.
A.
The complaint filed must include the following information:
(1)
The name of the complainant;
(2)
The name of the charged party;
(3)
The nature and circumstances, in detail, of the alleged
sexual harassment, including but not limited to the injuries or consequences
suffered by the complainant, the names of any witnesses to such actions
and the duration of the actions questioned; and
(4)
Whether such harassment has been previously reported
to a supervisor or other person, and, if so, when and to whom.
B.
Nothing in this section shall prevent the complainant
from providing other information or documents they believe are essential
to the fair adjudication of their case.
C.
The initial complaint may be made orally or in writing.
If the complaint is made orally, the Administrator shall reduce the
same to a written document, which shall, if it is deemed accurate,
be signed by the complainant.
D.
The Borough Administrator is hereby designated as
the Sexual Harassment Officer. The Borough Clerk is hereby designated
as the alternate officer. Persons who, by reason of the circumstances,
are uncomfortable directing a complaint to the Borough Administrator
may report the same to the alternate officer.
A complaint of sexual harassment shall be investigated
by the Borough Administrator in a timely manner and shall include
but not be limited to:
A.
Interviewing the complainant in detail.
B.
Interviewing all potential witnesses, including those
persons who may have knowledge of similar incidents.
C.
Interviewing the charged party in detail.
D.
Reviewing municipal files for similar incidents involving
the complainant and the charged party.
E.
Assessing the presence or absence of corroborative
evidence for either party.
To the extent possible, the sexual harassment
investigative proceedings will be conducted in a manner to protect
the confidentiality of the complainant, the alleged harasser and all
witnesses. All parties involved in the proceedings will be advised
to maintain strict confidentiality, from the initial meeting to the
final decision, to safeguard the privacy and reputation of all involved.
It shall be a violation of this policy for any
employee to take reprisals against any person because she or he has
filed a complaint, testified or assisted in any proceeding under this
policy. Threats, other forms of intimidation and/or retaliation against
the complainant or any other party based on involvement in the complaint
process may be cause for disciplinary action.
All complaints will be addressed by the Borough
Administrator. The alleged harasser will be notified once a formal
complaint is filed with the Administrator. A finding of no probable
cause as a result of an investigation does not necessarily establish
that an accusation is false. However, this policy shall not be used
to intentionally bring frivolous or malicious charges against an employee.
Disciplinary action for employees found in violation
of this policy may be progressive in nature, but is not required to
be, and may include:
To the extent permitted by law, the Borough
will not be liable for damages obtained as a result of a decision
of a non-local agency or court of superior administrative remedies
described herein.
Employees of the Borough shall be provided with
training, by a person trained to lead or implement such training,
which shall include a detailed discussion of the following:
A.
A detailed explanation of what constitutes sexual
harassment.
B.
The procedures for filing a sexual harassment charge.
C.
The procedures to be followed in the investigation
of a sexual harassment charge.
D.
Management's obligation regarding incidents of sexual
harassment.
E.
Recordkeeping requirements.
A.
Since a charge of sexual harassment is a grave and
serious one, false accusations of sexual harassment are, and will
be treated as, a disciplinary offense and will result in a level of
punishment appropriate for a person actually engaging in such behavior.
B.
A person who knowingly and/or recklessly fails to
give truthful testimony to the Borough Administrator shall also be
guilty of having made false accusations.
