Village of Woodridge, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Woodridge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 26.
Ethics — See Ch. 41.
[Adopted 11-20-1995; amended in its entirety 12-15-2008 by L.L. No. 9-2008 (Ch. 26 of the 1992 Code)]
The Village of Woodridge believes in the dignity of the individual and recognizes the right of any person to equal opportunities. In this regard, the Village has a longstanding practice of protecting and safeguarding the rights and opportunities of any person who might seek or obtain employment without being subjected to illegal discrimination or harassment in the workplace. In 1995, the Village of Woodridge Board added this article to the Village Code to establish a sexual harassment policy and by this amendment intends to broaden the policy to include employment discrimination and harassment.
In addition to prohibiting illegal discrimination on the basis of race, color, sex, religion, age, disability, marital status, military status, national origin, or other unlawful conduct, the Village of Woodridge also prohibits the illegal harassment of its employees or officers in any form. The Village will take all steps necessary to prevent and stop the occurrence of any illegal discrimination or harassment in the workplace.
A. 
This policy applies to all Village officers and employees and all individuals who serve as contractors to the Village. Depending on the extent of the exercise of control, this policy may be applied to the conduct of those who are not officers or employees or contractors of the Village with respect to illegal discrimination or illegal harassment of Village officers or employees in the workplace.
B. 
The Village and this discrimination and harassment policy prohibit conduct that is illegal under state or federal law, including, but not limited to, the inappropriate forms of behavior described in § 78-3 of this policy under the section entitled "Definition of sexual harassment."
C. 
Department heads and supervisory personnel are responsible for ensuring a work environment free from unsolicited, unwelcome, and intimidating unlawful discrimination or harassment. These individuals must take immediate and, if authorized, appropriate corrective action when allegations of discrimination or harassment come to their attention to assure compliance with this policy. Should a department head or supervisor not be authorized to take corrective action, the matter shall be referred to the individual or body, as the case may be, having the authority to discipline.
D. 
A person who is found to have committed an act of unlawful discrimination or harassment or other inappropriate behavior will be subject to disciplinary action in accordance with the provisions of a negotiated labor agreement or state law, as may be appropriate. Additionally, retaliation against someone who has complained about prohibited discrimination or harassment is strictly prohibited as is retaliation against an individual who cooperates with an investigation of a discrimination or harassment complaint. Any such retaliatory conduct is illegal and will result in disciplinary action against the retaliator, if that person is an officer or employee of the Village. Intimidation, coercion, threats, reprisals, or discrimination against any person for complaining about unlawful discrimination or harassment, as described in this policy, is prohibited.
E. 
All Village officers and employees will be held responsible and accountable for avoiding or eliminating the conduct prohibited by this policy. Village employees are encouraged to report violations of this policy to their supervisor or to a member of the Employment Discrimination/Harassment Committee. This Committee shall consist of two members of the Village Board, to be appointed annually by the Mayor.
A. 
Sexual advances that are not welcome, requests for sexual favors, and other verbal or physical conduct with sexual overtones constitute sexual harassment when:
(1) 
Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; or
(2) 
Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions, such as promotion, transfer, or termination, affecting such individual; or
(3) 
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.
B. 
Sexual harassment refers to behavior that an individual does not welcome; that is personally offensive; that fails to respect the rights of others; that lowers morale and that, therefore, interferes with an individual's work performance and effectiveness; or that creates an intimidating, hostile or offensive working environment. Specific forms of behavior that the Village would consider sexual harassment include, but are not limited to, the following:
(1) 
Verbal harassment. Abusive verbal language related to a person's sex, including sexual innuendoes; slurs; suggestive, derogatory, or insulting comments or sounds; whistling; jokes of a sexual nature; sexual propositions; and threats. Included would be any sexual advance that is unwelcome or any demand for sexual favors.
(2) 
Nonverbal harassment. Abusive written language, showing or displaying pornographic or sexually explicit objects or pictures, graphic commentaries, leering or obscene gestures in the workplace such that it unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
(3) 
Physical harassment. Any physical contact which is not welcome, including touching, petting, pinching, coerced sexual intercourse, assault, or persistent brushing up against a person's body.
A. 
Any Village officer or employee is encouraged to report an incident of suspected employment discrimination or harassment to a department head or to the Employment Discrimination/Harassment Committee as soon as possible after an alleged incident. A victim does not have to be of the opposite sex of the harasser. The harasser does not have to be the victim's immediate supervisor. The harasser could be an agent of a supervisor, another supervisor, a coworker, or even someone not on the payroll of the Village who might have occasion to appear at a work site or enter a Village building or facility. A victim of sexual harassment does not necessarily have to be the person at whom unwelcome sexual conduct is directed. Such an individual could be someone who is affected by such conduct when it is directed towards another person, thereby creating a hostile work environment. Such conduct is unlawful and is prohibited by the Village and by this policy.
B. 
Should an officer or employee believe that he or she has been discriminated against or harassed and would like guidance as to how to proceed in filing a complaint, that individual should review the Village's employment discrimination and harassment complaint procedure or contact any member of the Employment Discrimination/Harassment Committee.
C. 
Should an individual file a complaint, the procedures of the Employment Discrimination/Harassment Committee must be followed, including the time limit of 180 days. The procedures describe the steps to be taken when an employee has filed a complaint, detail the responsibilities of all involved parties, and provide the time frames for actions to be taken.
D. 
All complaints will be handled in a timely and confidential manner. In no event will information concerning a complaint be released by the Village to any third party or to anyone within Village employment who is not directly involved with or in the investigation. A breach of this prohibition will result in disciplinary action.
E. 
The investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses. The particular facts of the allegation will be examined individually, with a review of the nature of the behavior and the context in which the incident or incidents occurred. Confidentiality will be maintained throughout the investigatory process. The Employment Discrimination/Harassment Committee will also investigate cases in which a supervisor requests or requires assistance.
F. 
An individual who believes that he or she has been unjustly charged with employment discrimination or harassment in violation of this policy will be afforded every opportunity to offer and present information in defense of the complaint. Any information will be confidential.
G. 
A person who participates in this procedure may do so without fear of retaliation. Retaliation against anyone who has filed a complaint under this policy is prohibited and may well be a violation of federal or state law. Any such retaliation will result in disciplinary action by the Village.
H. 
A person who is found to have committed an act of employment discrimination or harassment will be subject to disciplinary action in accordance with the provisions of a negotiated labor agreement or state law, as may be appropriate.
I. 
Nothing in this policy should be construed to limit an individual's existing right to file a complaint with the New York State Division of Human Rights or the United States Equal Employment Opportunity Commission, or to take any legal action which he or she may deem advisable.
A. 
Step One.
(1) 
An aggrieved person, hereafter referred to as "the complainant," will meet with his or her department head to discuss an allegation of employment discrimination or harassment and may file a complaint of discrimination or harassment. If a complaint is filed, the department head shall send a signed complaint on a form available from the Village to the Employment Discrimination/Harassment Committee. Should an individual feel uncomfortable raising an issue of alleged employment discrimination or harassment with a department head, any other department head or a member of the Employment Discrimination/Harassment Committee may be approached. Verbal complaints may be handled informally.
(2) 
Any written complaint must be filed by a complainant within 180 days of an alleged act of employment discrimination or harassment on a form available from the Village.
(3) 
The complainant may withdraw his or her complaint at any time by filing a notice in writing on a form available from the Village.
B. 
Step Two.
(1) 
When a written complaint is filed, the department head or Committee member shall have 15 working days to try to resolve the allegation informally by:
(a) 
Gathering and assessing the facts deemed necessary to resolve it;
(b) 
Meeting with the alleged abuser and the complainant separately; and
(c) 
Using whatever other methods deemed necessary or appropriate to attempt to resolve the complaint.
(2) 
Regardless of whether the complaint is written or verbal, if a resolution is achieved by a department head, he or she will prepare a statement that the complaint has been resolved. All parties must sign the statement which shall be sent to the Employment Discrimination/Harassment Committee. The case will be considered closed.
(3) 
If a complaint is not resolved, it will be turned over to the Employment Discrimination/Harassment Committee. The Committee will investigate the complaint, call witnesses to appear before the Committee, and review any other evidence the Committee feels credible and probative of the allegation or allegations. Notice of the complaint must be given to the accused, who shall also be afforded an opportunity to appear before the Committee, with or without counsel, if he or she so desires. The Committee shall have 10 working days to investigate the complaint and an additional 10 working days to render a decision.
(4) 
Written notice of the Committee's decision will be given to both the complainant and the accused.
[Adopted 8-3-2020 by L.L. No. 2-2020[1]]
[1]
Editor's Note: This local law also provided that adoption of this article does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective antiharassment policy and procedure.
The Village of Woodridge is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual harassment in the workplace. This article is one component of the Village of Woodridge's commitment to a discrimination-free work environment. Sexual harassment is against the law and all employees have a legal right to a workplace free from sexual harassment, and employees are urged to report sexual harassment by filing a complaint internally with the Village of Woodridge. Employees can also file a complaint with a government agency or in court under federal, state, or local antidiscrimination laws.
A. 
The Village of Woodridge's policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with the Village of Woodridge. In the remainder of this article, the term "employees" refers to this collective group.
B. 
Sexual harassment will not be tolerated. Any employee or individual covered by this article who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination).
C. 
Retaliation prohibition. No person covered by this article shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. The Village of Woodridge will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of the Village of Woodridge who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or nonemployees [Note: A nonemployee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected nonemployees include persons commonly referred to as "independent contractors," "gig workers." and "temporary workers." Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.] working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, the Village Clerk, the Village Trustee or the Mayor. All employees, paid or unpaid interns or nonemployees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in § 78-16, Legal protections and external remedies.
D. 
Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject the Village of Woodridge to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct.
E. 
The Village of Woodridge will conduct a prompt and thorough investigation that ensures due process for all parties whenever management receives a complaint about sexual harassment or otherwise knows of possible sexual harassment occurring. The Village of Woodridge will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.
F. 
All employees are encouraged to report any harassment or behaviors that violate this article. The Village of Woodridge will provide all employees a complaint form for employees to report harassment and file complaints.
G. 
Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to the Village Clerk, the Village Trustee or the Mayor.
H. 
This article applies to all employees, paid or unpaid interns, and nonemployees, and all must follow and uphold this article. This article must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an off-site work location) and be provided to employees upon hiring.
A. 
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.
B. 
Sexual harassment includes unwelcome conduct which is either of a sexual nature or which is directed at an individual because of that individual's sex when:
(1) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
(2) 
Such conduct is made either explicitly or implicitly a term or condition of employment; or
(3) 
Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual's employment.
C. 
A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual's sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, or which interfere with the recipient's job performance.
D. 
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called "quid pro quo" harassment.
E. 
Any employee who feels harassed should report so that any violation of this article can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this article.
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
A. 
Physical acts of a sexual nature, such as:
(1) 
Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee's body or poking another employee's body;
(2) 
Rape, sexual battery, molestation or attempts to commit these assaults.
B. 
Unwanted sexual advances or propositions, such as:
(1) 
Requests for sexual favors accompanied by implied or overt threats concerning the target's job performance evaluation, a promotion or other job benefits or detriments;
(2) 
Subtle or obvious pressure for unwelcome sexual activities.
C. 
Sexually oriented gestures, noises, remarks or jokes, or comments about a person's sexuality or sexual experience, which create a hostile work environment.
D. 
Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
E. 
Sexual or discriminatory displays or publications anywhere in the workplace, such as:
(1) 
Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
F. 
Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity and the status of being transgender, such as:
(1) 
Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform the job;
(2) 
Sabotaging an individual's work;
(3) 
Bullying, yelling, name-calling.
Sexual harassment can occur between any individuals, regardless of their sex or gender. New York law protects employees, paid or unpaid interns, and nonemployees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace, including an independent contractor, contract worker, vendor, client, customer or visitor.
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer-sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during nonwork hours.
Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).
A. 
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law[1] protects any individual who has engaged in "protected activity." Protected activity occurs when a person has:
(1) 
Made a complaint of sexual harassment, either internally or with any antidiscrimination agency;
(2) 
Testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other antidiscrimination law;
(3) 
Opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
(4) 
Reported that another employee has been sexually harassed; or
(5) 
Encouraged a fellow employee to report harassment.
[1]
Editor's Note: See Executive Law § 290 et seq.
B. 
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
A. 
Preventing sexual harassment is everyone's responsibility. The Village of Woodridge cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or nonemployee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager, the Village Clerk, the Village Trustee or the Mayor. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager, the Village Clerk, the Village Trustee or the Mayor.
B. 
Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this article,[1] and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee's behalf.
[1]
Editor's Note: Said form is on file in the Village offices.
C. 
Employees, paid or unpaid interns or nonemployees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in § 78-16, Legal protections and external remedies.
A. 
All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring are required to report such suspected sexual harassment to the Village Clerk, the Village Trustee or the Mayor.
B. 
In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.
C. 
Supervisors and managers will also be subject to discipline for engaging in any retaliation.
A. 
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.
B. 
An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers, will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.
C. 
Any employee may be required to cooperate, as needed, in an investigation of suspected sexual harassment. The Village of Woodridge will not tolerate retaliation against employees who file complaints, support another's complaint or participate in an investigation regarding a violation of this article.
D. 
While the process may vary from case to case, investigations should be done in accordance with the following steps:
(1) 
Upon receipt of complaint, the Village Clerk, the Village Trustee or the Mayor will conduct an immediate review of the allegations and take any interim actions (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate. If the complaint is verbal, encourage the individual to complete the complaint form in writing. If he or she refuses, prepare a complaint form based on the verbal reporting.
(2) 
If documents, emails or phone records are relevant to the investigation, take steps to obtain and preserve them.
(3) 
Request and review all relevant documents, including all electronic communications.
(4) 
Interview all parties involved, including any relevant witnesses.
(5) 
Create a written documentation of the investigation, such as a letter, memo or email, which contains the following:
(a) 
A list of all documents reviewed, along with a detailed summary of relevant documents;
(b) 
A list of names of those interviewed, along with a detailed summary of their statements;
(c) 
A time line of events;
(d) 
A summary of prior relevant incidents, reported or unreported; and
(e) 
The basis for the decision and final resolution of the complaint, together with any corrective action(s).
(6) 
Keep the written documentation and associated documents in a secure and confidential location.
(7) 
Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document.
(8) 
Inform the individual who reported of the right to file a complaint or charge externally as outlined in the next section.
Sexual harassment is not only prohibited by the Village of Woodridge but is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at the Village of Woodridge, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney. In addition to those outlined below, employees in certain industries may have additional legal protections.
A. 
State human rights law (HRL).
(1) 
The Human Rights Law (HRL), codified as NY Executive Law Article 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment and protects employees, paid or unpaid interns and nonemployees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.
(2) 
Complaints with DHR may be filed anytime within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.
(3) 
Complaining internally to the Village of Woodridge does not extend your time to file with DHR or in court. The one year or three years is counted from the date of the most recent incident of harassment.
(4) 
You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
(5) 
DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney's fees and civil fines.
(6) 
DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit www.dhr.ny.gov.
(7) 
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR's regional offices across New York State.
B. 
Civil Rights Act of 1964.
(1) 
The United States Equal Employment Opportunity Commission (EEOC) enforces federal antidiscrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a right to sue letter permitting the individual to file a complaint in federal court.
(2) 
The EEOC does not hold hearings or award relief but may take other action, including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
(3) 
An employee alleging discrimination at work can file a charge of discrimination. The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.
(4) 
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
C. 
Local protections.
(1) 
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
(2) 
If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
This article shall take effect immediately upon filing with the Secretary of State.