[HISTORY: Adopted by the Township Council
of the Township of Stafford 2-15-1994 by Ord. No. 94-24. Amendments
noted where applicable.]
The Township of Stafford recognizes that sexual
harassment is a violation of both state and federal law, and in that
respect the Township of Stafford seeks to provide its employees and
appointees with a work environment free of sexual harassment. Any
harassment of any Township employee or appointee by any other Township
employee or appointee will not be permitted, regardless of their working
relationship. The Township of Stafford has an unequivocal commitment
to a workplace free from sexual harassment and will enforce this commitment
through the polices and procedures set forth in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Consists of and includes the following acts:
Any unwelcome sexual advances, requests for
sexual favors and other inappropriate or offensive verbal or physical
conduct made because of a person's sex.
Any advances which undermine the employment
relationship by creating an intimidating, hostile or offensive work
environment.
Any advances which affect the individual's job
performance.
Any submission to such conduct that is made
either explicitly or implicitly by a term or condition of an individual's
employment.
Any submission to or rejection of such conduct
by an individual used as the basis of decisions concerning continued
employment or evaluation of such individual.
Any open display of sexually suggestive objects
or pictures in the workplace.
Examples of such conduct as set forth above,
which shall constitute acts of "sexual harassment," shall include
the following:
It shall be the duty of the Township Administrator
and all department heads of the Township of Stafford to make it clear
to all Township employees and appointees that sexual harassment is
prohibited by the Township and is grounds for disciplinary action
by the enforcement of the provisions of this chapter and by addressing
any and all complaints of inappropriate behavior.
A.
Any individual who alleges sexual harassment by another Township employee or appointee shall immediately inform the Township Administrator, in writing, within 30 days of the incident. The Administrator, after receiving such complaint, shall speak informally with the alleged harasser and shall advise the alleged harasser that such behavior is unwelcome and not tolerated in the Township in an effort to correct the offending behavior and prevent retaliatory behavior. In the event that the matter cannot be resolved informally between the parties, the Township Administrator shall investigate the matter formally in accordance with § 124-5 of this chapter. In the event that the Administrator is directly involved in the complaint, the matter shall be reported to the Mayor.
B.
Any department head who suspects acts of sexual harassment
by an employee or appointee under his or her direction and/or supervision
shall report the same, in writing, to the Township Administrator within
30 days of the incident. The Township Administrator shall then speak
informally with the alleged harasser and the employee or appointee
to whom such acts were made and make the appropriate determination
as provided for in this chapter. In the event that the Administrator
is directly involved in the complaint, the matter shall be reported
to the Mayor.
A.
An individual alleging sexual harassment shall file,
in writing, a formal complaint with the Township Administrator within
60 days of the incident. The Township Administrator, upon receipt
of such complaint, shall carry out a thorough investigation of the
complaint, which investigation shall include, at a minimum, interviews
with the complainant, the alleged harasser, and any alleged witnesses
to the alleged harassment. In carrying out the investigation of the
alleged incident, the Administrator shall protect the rights of both
the person making the complaint and the alleged harasser. In the event
that the Administrator is directly involved in the complaint, the
matter shall be reported to the Mayor.
B.
The Township Administrator, following completion of
the investigation, shall make a written report to the Township Council
outlining his or her findings and recommendations for action by the
governing body. A factual determination is required to address the
question of whether a particular perceived action is or is not sexual
harassment. The Township of Stafford recognizes that a charge of sexual
harassment is a serious matter and that the rights of all parties
are to be protected.
C.
The Township Council, within 30 days of receiving
the written report of the Administrator, shall make a final determination
as to the matter and advise all parties, in writing, of its findings
and conclusions.
[Amended 7-11-1995 by Ord. No. 95-55]
D.
In the event that either party is not satisfied with
the conclusions and findings reached by the Township Council, said
party may make a formal request in writing for the matter to be reviewed
by an independent third-party hearing officer appointed by the governing
body. The request for the matter to be reviewed by a hearing officer
shall be submitted within 30 days from the date of the Township Council's
determination. The Township Council shall appoint a hearing officer
within 30 days from the date of the request.
[Added 7-11-1995 by Ord. No. 95-55[1]]
[1]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection D as Subsection F.
E.
The hearing officer shall review all determinations
previously rendered in this matter and may also interview the parties
and/or further investigate the matter in an effort to reach his determination.
The hearing officer shall render his determination within 90 days.
In the event that said party is not satisfied with the conclusions
and findings of the hearing officer, said party may seek the remedies
available through the Superior Court.
[Added 7-11-1995 by Ord. No. 95-55[2]]
[2]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection D as Subsection F.
F.
The confidentiality and privacy of all involved persons
will be respected during an investigation. Such disclosure during
the investigatory stage shall be permitted only when required by law.
A false complaint, false testimony or false
information provided in connection with a harassment investigation
will be subject to such discipline as the Township Council determines
to be appropriate, up to and including termination.
The Township shall provide mandatory training
to all supervisors and department heads regarding the Township's sexual
harassment policies and procedures. The Township shall make training
available to all employees and appointees.
The Township, through annual anonymous and confidential
questionnaires, shall monitor the employee's or appointee's trust
in the established policies and procedures of the Township concerning
sexual harassment.
Notice of this policy shall be disseminated
annually and shall be included in the employee manual.
A.
It shall be a violation of this chapter for any Township employee or appointee to harass another Township employee or appointee through conduct or communication of a sexual nature as set forth in § 124-2 of this chapter.
B.
Any individual found to have engaged in any type of
harassment shall be subject to disciplinary action, up to and including
termination of employment or appointment with the Township.
