A.
The Village
finds a safe work environment is beneficial for employees and promotes
productivity. Workplace bullying has been linked to absenteeism, drug
and alcohol use, and sexual violence. The Village considers workplace
bullying unacceptable and will not tolerate it. The anti-bullying
policy shall apply to all individuals who are employees, volunteers
and contractors.
B.
CONTRACTOR
EMPLOYEE
VOLUNTEER
For purposes
of this policy:
An individual who contracts with the Village to provide services,
or an individual who works for a contractor of the Village.
An individual working for the Village for remuneration.
An individual who volunteers services to the Village without
remuneration.
A.
"Bullying"
is defined as any severe or pervasive physical or verbal act or conduct,
including communications made in writing or electronically, directed
toward a person that has or can be reasonably predicted to have the
effect of one or more of the following:
(1)
Placing
the person in reasonable fear of harm to the person or the person's
property;
(2)
Causing
a substantially detrimental effect on the person's physical or mental
health;
(3)
Substantially
interfering with the person's productivity; or
(4)
Substantially
interfering with the person's ability to participate in or benefit
from the opportunities offered by the employer.
B.
Bullying
may be intentional or unintentional. The Village considers the following
types of behavior illustrative examples of bullying: harassment, threats,
intimidation, stalking, physical violence, sexual harassment, sexual
violence, pushing; shoving; kicking; poking; tripping; assault or
threat of physical assault; theft; public humiliation; destruction
of property; or retaliation for asserting or alleging an act of bullying.
Bullying on the basis of actual or perceived race, color, religion,
sex, national origin, ancestry, age, marital status, physical or mental
disability, military status, sexual orientation, gender-related identity
or expression, unfavorable discharge from military service, association
with a person or group with one or more of the aforementioned actual
or perceived characteristics, and any other distinguishing characteristic
is prohibited in all places of employment, and an employer shall prevent
bullying in its place of employment.
A.
No person shall be subjected to bullying:
(1)
During any period of employment activity;
(2)
While working, on property of the employer, or at employer-sponsored
or employer-sanctioned events or activities; or
(3)
Through the transmission of information from an employment-utilized
telephone, computer, computer network, or other similar electronic
employer-utilized equipment.
B.
Nothing in this policy is intended to infringe upon any right to
exercise free expression or the free exercise of religion or religiously
based views protected under the First Amendment of the United States
Constitution.
Any employee or volunteer who is determined, after an investigation,
to have engaged in bullying in violation of this policy shall be subject
to disciplinary action up to and including immediate discharge. Any
contractor found to be in violation of this policy may be subject
to contract cancellation.
A.
False accusations. False accusations regarding bullying against employees,
volunteers, contractors, or elected officials shall not be tolerated,
and any person knowingly making a false accusation shall be subject
to disciplinary action up to and including immediate discharge.
B.
Retaliation for reporting bullying. The Village shall discipline
any employee or volunteer who retaliates against any person who reports
alleged bullying, or who retaliates against any person who testifies,
assists or participates in an investigation, a proceeding or a hearing
relating to bullying complaint. Retaliation includes, but is not limited
to, any form of intimidation, reprisal or harassment. Contractors
are likewise prohibited from retaliating.
A.
The Village encourages all employees, volunteers or contractors to
promptly report any instance of bullying behavior. Early reporting
and intervention have proven to be the most effective method of resolving
actual or perceived incidents of bullying. Therefore, while no fixed
reporting period has been established, prompt reporting of complaints
or concerns is encouraged so that rapid and constructive action can
be taken. The Village shall make every effort to stop alleged workplace
bullying before it becomes severe or pervasive, but can only do so
with the cooperation of its employees.
B.
Reports of bullying will be treated seriously, and investigated promptly
and impartially. The Village further encourages all individuals to
whom this policy applies to formally report any concerns of assault,
battery, or other bullying behavior of a criminal nature to the Village
Attorney's office. The Village Board requires any supervisor who witnesses
bullying, irrespective of reporting relationship or his/her responsibility
to address it, to promptly report this conduct to the Police Chief
or the Mayor.
C.
Individuals who believe they have experienced conduct that they believe
violates this policy, or who have concerns about such matter, should
report their complaints or concerns verbally or in writing to their
supervisor, or the Village Attorney, before the conduct becomes severe
or pervasive. If a verbal report is made, it shall be documented in
writing by the official to whom it is reported. Individuals should
not feel obligated to report their complaints to their immediate supervisor
first before bringing the matter to the attention of one of the other
designated Village representatives identified above.
D.
The availability of this complaint procedure does not preclude individuals
who believe they are being subjected to bullying conduct from promptly
advising the offender that his or her behavior is unwelcome and requesting
that such behavior immediately stop.
