[HISTORY: Adopted by the Board of Supervisors of the Township of Kilbuck 9-17-1996 by Ord. No. 62. Amendments noted where applicable.]
Harassment on the basis of a person's sex by a supervisor, coworker or other person is a discriminatory practice which violates Title VII of the Civil Rights Act of 1964 and regulations passed by the United States Equal Employment Opportunity Commission. Aside from being illegal, sexual harassment undermines the integrity of individual work relationships and damages the morale of the entire work force.
It is the policy of Kilbuck Township that all employees are entitled to work in an environment free from all forms of illegal discrimination including that which is based upon a person's sex. Accordingly, any practice or activity which constitutes sexual harassment is strictly forbidden within Township work places and shall, if substantiated in accordance with this policy, result in disciplinary action.
A. 
Definition. “Sexual harassment” is defined as any 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 a person's employment; or[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Submission to or rejection of such conduct by a person is used as a basis for employment decisions affecting that a person; or[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Such conduct has the purpose or effect of unreasonably interfering with a person's work performance; or
(4) 
Such conduct creates an intimidating, hostile or offensive work environment.
B. 
Sanctions. Sexual harassment is a serious violation of the work rules of Kilbuck Township and, if proven, shall be grounds for the imposition of discipline. Potential sanctions for the offense shall range from a minimum of a five-day suspension without pay to termination depending upon the following:
(1) 
The individual facts of any given case; and
(2) 
Upon establishment of the offense by a substantial amount of credible evidence, the employment record of the person committing such harassment.
No person filing a complaint under this policy or who legitimately assists another in the prosecution of any such complaint shall be subjected to retribution or retaliation of any kind for doing so.
A. 
Filing of complaints. All complaints of sexual harassment shall be filed with either an immediate supervisor, a Township Supervisor or the Township Secretary.
B. 
Investigation.
(1) 
Complaints filed under this policy shall be promptly and thoroughly investigated by the Township.
(2) 
Upon completion of the investigation, the investigator shall prepare a comprehensive report addressing all allegations in the complaint and objectively documenting all relevant factual findings of the investigation. The investigatory report shall contain neither conclusions concerning the complaint nor recommendations as to disposition.
(3) 
The investigative report shall be presented to the Township Supervisors upon completion and within 30 days after receipt of the complaint. This time requirement may be extended by the Township Supervisors, in writing, upon request of the investigator and good cause shown for such an extension.
A. 
All complaints of sexual harassment shall be adjudicated by the Township Supervisors.
B. 
Upon receipt of the completed investigative report, the Township Supervisors shall conduct an administrative hearing at which the report shall be presented and considered. Hearings shall be conducted before a court reporter shall require all witnesses to provide testimony under oath and shall prepare a verbatim transcription/recording of the proceedings which shall serve as the official record of the hearing.
C. 
The accused employees shall be notified, in writing, at least 10 days before the hearing of the complaint and the underlying allegations. The accused employee may request one postponement of the hearing upon receipt of the notice in order to obtain legal counsel; however, the delay occasioned by such request shall not exceed 30 days from the date of receipt of the notice by the accused employee.
D. 
The accused employee shall be entitled to attend the hearing and testify in his or her own behalf, and shall be entitled to confront and cross-examine the employee who filed the complaint. In the event that the complainant elects not to attend the administrative hearing and upon objection from the accused to the complainant's absence, the complaint shall be dismissed and the accused deemed innocent of the allegations.
E. 
The accused employee shall be entitled to call witnesses in his or her own behalf and to introduce evidence which bears upon the issues presented by the complaint and investigative report.
F. 
At the conclusion of the hearing, or within 30 days thereafter, the Township Supervisors shall make findings concerning the innocence or guilt of the accused of the offense of sexual harassment.
G. 
A finding of guilt must be supported by substantial, credible evidence that:
(1) 
The facts alleged by the complainant to have occurred are true; and
(2) 
Those facts constitute sexual harassment within the meaning of this policy; and
(3) 
The accused is the person who committed the acts amounting to sexual harassment.
Each supervisor has a responsibility to maintain the workplace free of sexual harassment. This duty includes discussing this policy with all employees and assuring them that they are not to endure insulting, degrading or exploitative sexual treatment.
Due to the serious and private nature of this offense, false accusations of sexual harassment are, and will be treated as, a disciplinary offense and will result in the same level of punishment as that applied to one who engages in such behavior.