As used in this chapter, the following words
shall have these specific definitions:
CHARGED PARTY
Any person, including a Township employee against whom a
charge of sexual harassment is filed.
COMPLAINANT
Any Township employee who brings or files a charge of sexual
harassment.
HOSTILE WORK ENVIRONMENT HARASSMENT
A factual finding by the hearing administrator that a charged
party has committed an offense or offenses rising to the level of
sexual harassment, to wit: through severe and pervasive verbal and/or
physical conduct of a patently offensive nature not welcomed by the
complainant not only created a work environment that would interfere
with the performance and psychological well-being of a reasonable
person of the same sex but also specifically offended and injured
the complainant; said harassment being considered a type of sexual
harassment.
INVESTIGATOR
The person supervising or administering the investigation
regarding a sexual harassment complaint or complaints. Normally, this
shall be the Township Clerk, unless circumstances dictate otherwise.
QUID PRO QUO HARASSMENT
Factual finding by the hearing administrator that a charged
party has committed an offense or offenses rising to the level of
sexual harassment, to wit: made unwelcome sexual advances motivated
by sexual desires upon a complainant, where the reaction of the complainant
to the advance affected a tangible aspect of the terms of their employment
with the Township. Said harassment being considered a type of sexual
harassment.
RETALIATION
Any act of any Township official taken to punish, discourage
or intimidate those persons who have or may either become a complainant
or assist in the investigation of a legitimate sexual harassment complaint.
SEXUAL HARASSMENT
Includes the following:
A.
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
(2)
Submission to or rejection of such conduct by
a person is used as a basis for employment decisions affecting that
person: or
(3)
Such conduct has the purpose or effect of unreasonably
interfering with a person's work performance; or
B.
Hostile work environment harassment; and
C.
Quid pro quo sexual harassment.
A complaint of sexual harassment shall be investigated
pursuant to the following regulations:
A. The Township Clerk, or her/his appointed designee (if the complainant by his choice of filing pursuant to §
46-2, or because the claim involves the administrator, has declared apparent nonobjectivity of the administrator), shall be responsible for the prompt and thorough investigation of each claim.
B. The investigation shall be begun and completed within three business days of the receipt of the complaint by the Clerk or her/his appointed designee, and the result of the investigation forwarded to the Hearing Board, as defined in §
46-5 within seven days of the completion of the investigation.
C. It shall be the duty of the person responsible for
the investigation to:
(1) Interview the complainant in detail;
(2) Interview all potential witnesses, including those
who may have knowledge of similar incidents;
(3) Interview the charged party in detail;
(4) Review municipal files for similar incidents involving
the complainant and the charged party; and
(5) Assess the presence or absence of corroborative evidence
for either party.
There shall be an administrative hearing of
the complaint, pursuant to the following rules:
A. Within 20 days of the completion of the investigation
by the Township Clerk or her/his appointed designee, the Chair of
the Hearing Board shall convene that Board to hold a hearing in reference
to that sexual harassment allegation.
B. The hearing shall be tape recorded, and upon written
request the Township Clerk shall provide a transcript to any parties
to the proceedings requesting same at a nominal expense to the party
requesting said transcript.
C. The charged party shall be notified, in writing, of
the hearing date at least 10 days before the hearing and provided
with a copy of the complaint filed against them.
D. The charged party shall be entitled to request and
receive one postponement in order to obtain legal counsel, but in
no event shall the hearing occur more than 35 days after the completion
of the investigation described above.
E. The hearing shall be deemed a quasi-judicial procedure
and the charged party shall be entitled to state all defenses, enter
relevant evidence, call witnesses on his or her behalf and confront
all witnesses against him/her or her, including the complainant. Should
the complainant fail to appear at the hearing, the charged party shall
be entitled to have the complaint against him/her or her dismissed.
F. The hearing shall occur only in the presence of the
Township Attorney, or other designated legal counsel, who shall participate
in such hearings in order to assure confidentiality, resolve disputes
concerning the introduction of evidence and prepare a complete and
accurate record.
G. The Hearing Board shall determine, and so declare
in writing, within five business days the guilt or innocence of the
charged party, and if it finds the charged party guilty of the offense
of sexual harassment, it shall recommend an appropriate remedial action
to be imposed upon the charged party.
H. Where the charged party is cleared of the charges
alleged against him/her or her, or the evidence presented is inconclusive
as to whether acts of sexual harassment occurred, the Hearing Board
shall notify all parties that it has reached such a decision.
I. The Hearing Board shall maintain a complete file of
all documents received in reference to any complaint for a period
of not less than five years from the date of its final decision.
The Hearing Board shall determine that a charged
party is not guilty of the offense of sexual harassment unless it
finds, based upon the testimony provided to it by the investigation
and hearing, that substantial, credible evidence supports the conclusion
that:
A. The facts as alleged by the complainant are true;
B. Those facts constitute sexual harassment as defined
above; and
C. The charged party is the person who committed the
acts amounting to sexual harassment as defined above.
The Township Clerk shall be obligated to undertake
the following steps:
A. Post in at least two or more prominent locations within the municipal building the one page document entitled "
Sexual Harassment Policy for the Township of Blairstown";
B. Provide to all current employees of the Township a
true and complete copy of this chapter within 30 days of its effective
date;
C. Provide to all persons hired as employees of the Township
subsequent to the effective date of this chapter a true and complete
copy of this chapter within 30 days of their hire date;
D. Issue a memorandum to all Township employees on or
about October 1, 1993, and each October 1 thereafter concerning the
policy of this Township against sexual harassment; and
E. Discuss the policy against sexual harassment during
any new employee orientation meetings, seminars or training sessions
held subsequent to the effective date of this chapter.
Nonemployees of the Township, including but
not limited to those interacting with Township employees as vendors
of goods and services, independent contractors, substitute or temporary
workers or fill-ins, shall also be subject to each and every term
of this chapter should it be alleged by a complainant that they committed
an act or conducted themselves in such a way as to commit an offense
of sexual harassment.
The Township shall not take any retaliation
against any employee who files a complaint or assists in the investigation
of such a complaint.