This article's purpose is to define sexual harassment and state
the Village's policy regarding such behavior.
The Board of Trustees finds and declares that sexual harassment
is a violation of basic human rights and is to be neither encouraged
nor permitted within the conduct of the Village's business. Concurrently,
false or malicious accusations of sexual harassment will not be tolerated.
It is the Board's directive that the Village shall provide and preserve
a work atmosphere free from sexual harassment of any kind.
For the purposes of this Article XI, the following definitions and meanings shall apply unless the context would require otherwise:
The individual performing sexual conduct contrary to this
policy.
Verbal or physical communication, conduct and activity of
a sexual or sexually suggestive nature by an individual, termed a
"perpetrator" herein, toward another individual regardless of sex,
including but not limited to the following:
Verbal. Conduct including sexual innuendoes, suggestive comments,
insults, humor and jokes about sexual activities, humor or jokes about
anatomy or gender specific traits, sexual propositions, sexual threats,
repeated requests for dates and statements of a sexual nature about
other employees even outside the other employees presence.
Nonverbal. Conduct, including suggestive or insulting sounds,
such as whistling, leering, obscene gestures, sexually suggestive
bodily gestures, "catcalls," "smacking" or "kissing" noises.
Visual. Posters, signs, pinups, pictures, or slogans of a sexual
or sexually suggestive nature.
Physical. Unwelcome touching, hugging or kissing, pinching,
brushing the body, coerced sexual intercourse, or actual assault.
Sexual conduct by a perpetrator which:
Is made, either explicitly or implicitly, a term or condition
of an individual's employment.
The submission to or rejection of by an individual is used as
basis for employment decisions relative to the individual.
Is performed for the purpose or with the resulting effect of
substantially interfering with the subject individual's work performance
or creating an intimidating, hostile or offensive working environment.
The individual toward whom sexual conduct is directed.
Each Village employee shall refrain from sexual harassment in
the workplace. In the event an individual employee sexually harasses
another Village employee:
(A)
The perpetrator may be liable individually for the perpetrator's
conduct.
(B)
The perpetrator will be subject to disciplinary action, including
discharge.
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An employee who observes sexual conduct or who believes that
he or she is the object of sexual harassment shall promptly report
the incident to the employee's supervisor or the Village Board.
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Each employee's supervisor shall be responsible for maintaining
a workplace which is free of sexual harassment. The supervisor must
address promptly any observed or claimed incident of sexual harassment
with seriousness and take prompt action to investigate the reported
incident to report the same. The supervisor shall implement appropriate
disciplinary action and shall strictly respect and preserve the confidentiality
with regard to the reported incident. A supervisor shall report any
incident or complaint of sexual harassment to the Mayor on the date
of the alleged occurrence or the next business day. A supervisor must
insure that no direct or indirect retaliation shall be taken against
an employee who lodges a sexual harassment complaint or report.
Upon the occurrence of an actual or apparent incident of sexual
harassment, the employee observing such conduct or believes that he
or she is the object of sexual harassment shall proceed as follows:
(A)
The individual shall verbally communicate the individual's position
to the perpetrator and the perpetrator's supervisor.
(B)
The individual should complete a written report of the incident,
setting forth the date, time, location and particulars involved and,
to the extent any physical documents or things bear upon the complaint,
assemble and provide the same as well.
(C)
The individual may prepare and submit to the Mayor a written complaint
setting forth the particulars of the occurrence. The Mayor may assist
the individual in filing the formal complaint. The Mayor, upon receiving
a written complaint, will fully investigate the complaint and advise
the complainant, the victim if other than the complainant, and the
perpetrator of the conclusions reached by reason of such investigation.
(D)
Complaint Resolution. It is preferred that sexual harassment complaints
and incidents be resolved within the Village's staff and operations,
through appropriate sanction, discipline, counseling or other appropriate
action. Notwithstanding that preference, it is recognized that an
employee has the right to contact the Illinois Department of Human
Rights or the Equal Employment Opportunity Commission about filing
a formal complaint, in accordance with the provisions of law. In addition,
the Board recognizes that an employee who has been subjected to physical
harassment or threatened may also have grounds for the initiation
and prosecution of criminal charges under applicable Illinois law.
The Mayor is responsible for ensuring that superintendents and
staff are trained and made aware of the full range of practices that
might constitute sexual harassment.
Charges of sexual harassment which are determined to be false
and frivolous charges shall be those where the complainant is found
to have used a report or complaint of sexual harassment which is unsubstantiated
and which is reasonably found to have been intended to accomplish
some result other than stopping an incident of sexual harassment.
The term "false and frivolous charges" shall not refer to reports
which are made in good faith but which can not be competently proven.
It is the Board's policy that a charge of sexual harassment which
is found to have been false or frivolous shall constitute a basis
for appropriate disciplinary action.
[Added 2-18-2020 by Ord. No. 2020-02-02; amended at time
of adoption of Code (see Ch. 1, Administration, Art. I, General Code
Provisions, Div. I)]
Elected Village officers shall be and are hereby made subject to the same prohibition upon sexual conduct and sexual harassment as otherwise provided in this Article XI, Sexual Harassment Policy. Upon the occurrence of an actual or apparent incident of sexual harassment by an elected Village officer against another elected Village officer, the elected officer observing the conduct shall prepare and submit a written complaint to all other Village officers setting forth the particulars of the occurrence. All elected Village officers other than the filer of the complaint and the alleged perpetrator shall constitute a board of review and shall promptly investigate the complaint and shall thereafter advise the complainant and the alleged perpetrator of its conclusions.
