Sexual harassment is against the laws of the State of New Jersey
and against the policies of the Borough of Avon-by-the-Sea. Sexual
harassment may cause a victim economic, physical and/or emotional
hardship, and cause a disruptive work environment for all affected.
It is a major goal of the Borough of Avon-by-the-Sea to maintain a
workplace free from hostile, intimidating or offensive conduct. The
within policy is adopted to insure that this goal is achieved and
that those who violate this policy are properly addressed and penalized.
RETALIATION
Any act or omission which is (1) a reprisal against an individual
because he or she failed to condone the behavior of the accused or,
(2) a reprisal against an individual because charges have been brought
against the accused. Actions taken against persons other than the
complainant may also constitute retaliation. Any retaliation taken
against another individual shall also result in penalties.
SEXUAL DISCRIMINATION
Any act, whether verbal or physical, by any officer or employee
of the Borough of Avon-by-the-Sea which is unlawful and/or unjust
to another officer or employee. Discriminatory acts are those based
upon the sex of their victim and include, but are not limited to,
those which refuse, withhold, infringe upon and/or altogether deny
the employee rights, compensation, conditions, advantages, and/or
privileges of employment.
SEXUAL HARASSMENT
Any deliberate act, whether verbal or physical, by any officer
or employee of the Borough of Avon-by-the-Sea which intends to annoy,
threaten or make demands upon another officer or employee due to his
or her sex. Harassment includes, but is not limited to, touching,
teasing, nagging, insulting and/or taunting, in order to cause the
individual worry, distress, anxiety and/or fear. There need not be
overt physical contact to constitute harassment.
UNLAWFUL CONDUCT
Results when submission to the harassment, discrimination
or retaliation is made a term or condition of employment, when submission
to or rejection of such conduct is used as a basis for employment
decisions affecting the individual, or when the conduct unreasonably
interferes with the individual's performance or creates an intimidating,
hostile or offensive work environment.
Any act of sexual discrimination, sexual harassment or retaliation
as defined herein is strictly prohibited.
Any person who feels he/she has been victimized by sexual discrimination,
sexual harassment or retaliation may file a written or oral report
with his or her department head, the department head of the accused
or, when necessary, the Municipal Clerk. It shall be deemed necessary
to file a report with the Municipal Clerk when there are valid grounds
to believe it is in the best interest of those involved to avoid reporting
to the department head. Any oral complaint given must be recorded
in writing by the individual receiving the complaint.
An objective investigator shall be appointed to determine the
validity of any complaint. The investigation shall be completed in
a reasonable amount of time to resolve the issue and minimize the
effects of such investigation on the parties involved. Upon conclusion
of the investigation, a written report shall be confidentially filed
with the Municipal Clerk regardless of whether the investigation indicates
guilt, innocence or proves to be inconclusive. All efforts will be
made to protect the identity of the complainant, however, anonymity
cannot be fully guaranteed due to the nature of this type of conduct
and the right of the accused to know his or her accuser.
It shall not be required that the sexual harassment or sexual
discrimination take place on Borough property during regular work
hours for a complaint to be filed and an investigation to take place.
Once an investigation has been completed the matter will be
directed to the appropriate department for handling consistent with
Borough personnel policy and guidelines. In the event the investigation
indicates potential criminal conduct, the appropriate law enforcement
officials shall be immediately notified for appropriate action.
Penalties imposed against any individual found guilty of violating
the provisions herein shall be done so in accordance with the provisions
of law and applicable Borough policies.