The Borough of Ho-Ho-Kus hereby adopts a formal policy on sexual
harassment, which shall be distributed to every employee of the Borough
of Ho-Ho-Kus and which shall be strictly enforced.
As used in this chapter, the following terms shall have the
meanings indicated:
SEXUAL HARASSMENT
Unwelcome sexual advances, requests for sexual favors and
other verbal or physical conduct based on gender when:
A.
Submission to such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment;
B.
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
C.
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:
(4)
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 complaint of sexual harassment shall be investigated by the
Personnel Officer or the alternate 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/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 Personnel Officer or
alternate. The alleged harasser will be notified once a formal complaint
is filed with the Personnel Officer or alternate. 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:
B. Suspension (with or without pay).
E. Referral to the criminal justice system.
To the extent permitted by law, the Borough will not be liable
for damages obtained as a result of a decision of a nonlocal 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.