[HISTORY: Adopted by the Town Board of the Town of Lowville 12-29-1993 (Ch. 57 of
the 1994 Code). Amendments noted where applicable.]
A.
It is the policy of the Town of Lowville to maintain a work environment
free from all forms of harassment and to insist that all employees
be treated with dignity, respect and courtesy. Any comments or conduct
relating to a person's race, religion, age or ethnic background
which fail to respect the dignity and feelings of the individual are
unacceptable. This policy obviously extends to comments or conduct
of a sexual nature, where such behavior tends to threaten or offend
a fellow employee.
B.
Any behavior toward any employee by a coemployee, including supervisory
personnel, which constitutes unwelcome sexual advances, requests for
sexual favors or the display of derogatory posters, cartoons or drawings
and other verbal or physical conduct of a sexual nature will be considered
sexual harassment when:
(1)
Submission to such conduct is made a condition of an individual's
employment.
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual.
(3)
Such conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment.
Sexual harassment is a serious violation of the work rules of
this municipality and, if proven, shall be grounds for the imposition
of discipline against the offending employee. Potential sanctions
for the offense range from suspension without pay to termination of
employment, depending on the individual facts of any given case and
the employment record of the person committing the offense.
A.
Any employee who believes that another employee is engaging in sexual
harassment may file a written complaint within a reasonable period
of time after the event. The written complaint shall be filed with
the Town Attorney. Such complaints shall be promptly and thoroughly
investigated. A comprehensive report addressing all allegations in
the complaint and objectively documenting all relevant factual findings
of the investigation shall be prepared by the Town Attorney. The report
shall contain neither conclusions concerning the complaint nor recommendations
as to disposition. The investigation report shall be presented by
the Town Attorney to the Town Supervisor and within 15 business days
after receipt of the complaint.
B.
Upon receipt of the completed report, the Town Supervisor shall meet
with the Town Board and the Town Attorney and determine the most appropriate
action to take, in light of the facts presented in the report. The
Town Board, by majority vote, shall determine if the allegations of
harassment have been supported by substantial credible evidence, in
which event the Town Board shall make a finding that an offense occurred.
If such a finding is made, the Town Board shall then determine the
most appropriate action to take, which appropriate action may include
discharge, transfer, suspension or warning. In the event that the
Town Board, by majority vote, does not find that the allegations are
supported by substantial credible evidence, it shall take appropriate
action in that regard as well.
[Amended 9-15-1994 by L.L. No. 2-1994]
No person filing a complaint under this policy and procedure
and no person who legitimately assists another in prosecution of any
such complaint shall be subjected to retribution or retaliation of
any kind for doing so. However, due to the serious and private nature
of any allegation of sexual harassment, false accusations of sexual
harassment may result in the same level of punishment as that that
might be applied to one who engages in such behavior.
