The Town is committed to taking all reasonable steps to prevent all forms of discrimination and harassment in the workplace. In particular, the Town strives to maintain a work environment that is free of sexual harassment, sexual exploitation and intimidation. In addition to other forms of discrimination, the Town maintains a strict policy prohibiting sexual (i.e., gender-based) harassment, which will not be tolerated from any employee or supervisor at any level.
(1971 Code, sec. 2-201)
(a) 
Sexual harassment is defined as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature or based on a person’s gender when:
(1) 
Submission to such conduct is made a term or condition of employment;
(2) 
Submission to or rejection of such conduct is used as a basis for employment decisions affecting an individual; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.
(b) 
The following is a partial list of conduct that could be sexual harassment:
(1) 
Unwanted sexual advances or propositions.
(2) 
Offering employment benefits in exchange for sexual favors.
(3) 
Making of threatening reprisals after a negative response to sexual advances.
(4) 
Visual conduct (e.g., leering, making sexual gestures, or displaying of sexually suggestive objects, pictures, cartoons, or posters).
(5) 
Verbal conduct (e.g., making or using derogatory comments, sexually explicit jokes, or comments about an employee’s body or dress).
(6) 
Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, or suggestive or obscene letters, notes, invitations or emails.
(7) 
Physical conduct (e.g., touching, impeding or blocking movement).
(c) 
Sexual harassment on the job is unlawful whether it involves coworker harassment or harassment by a supervisor. All employees found to have been engaged in sexual harassment will be subject to disciplinary action, including termination.
(1971 Code, sec. 2-202)
A supervisor engaged in an intimate personal relationship (i.e., sexual relationship) with another employee must disclose the nature of the relationship to the supervisor’s department head. A department head engaged in an intimate personal relationship (i.e., sexual relationship) with another employee must disclose the nature of the relationship to the Town Administrator. A supervisor or department head engaged in such relationships is prohibited from serving in a decision-making role for that other employee.
(1971 Code, sec. 2-203)
(a) 
Employees who believe they have been sexually harassed on the job or who are aware of the harassment of others must provide a written or verbal complaint as soon as possible to one of the persons below with whom the employee feels comfortable. Complaints may be made orally or in writing to:
(1) 
The employee’s immediate supervisor;
(2) 
The employee’s department head;
(3) 
The Town Administrator; or
(4) 
The Town Attorney.
(b) 
The complaint must include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors listed in subsection (a) of this section who receive a harassment complaint must immediately refer all such complaints to their respective department heads.
(c) 
All incidents of sexual harassment that are reported, either verbally or in writing, will be investigated. A department head who receives a complaint will immediately undertake an effective, thorough, and objective investigation of the harassment allegations or designate a qualified representative to undertake same. When the Town Administrator receives a complaint, he/she will designate a representative to immediately undertake an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed and a determination regarding the alleged harassment will be made and communicated to the employee(s) who complained and the accused harasser(s). If a complaint of sexual harassment is substantiated, appropriate disciplinary action, up to and including termination, will be taken.
(d) 
Complaints and investigations will be conducted with confidentiality to the greatest extent possible. Anonymity is not guaranteed.
(1971 Code, sec. 2-204)
(a) 
It is the duty of all employees, including supervisory personnel, to be familiar with this policy. Each employee has a stake in preventing sexual harassment and thus shares responsibility with the Town Administrator in eliminating sexual harassment in the workplace.
(b) 
No employee shall, in any way, retaliate, harass or discriminate against a person making a complaint of sexual harassment or involved as a witness or otherwise with a complaint of sexual harassment.
(c) 
In most cases in which the sexual harassment is committed by a non-employee against a Town employee in the workplace, the Town Administrator shall take whatever lawful action is necessary against the non-employee to bring the sexual harassment to an immediate end.
(d) 
Employees are not only encouraged to report instances of sexual harassment, they are obligated to report instances of sexual harassment. Sexual harassment exposes the Town to liability, and part of each employee’s job is to reduce the Town’s exposure to liability.
(e) 
Employees are obligated to cooperate in every investigation of sexual harassment. The obligation includes, but is not necessarily limited to:
(1) 
Coming forward with evidence, both favorable and unfavorable, concerning a person accused of sexual harassment;
(2) 
Fully and truthfully making a written report under oath upon request; and
(3) 
Orally answering questions when required to do so by an investigator during the course of an investigation of sexual harassment.
(f) 
Employees are also obligated to refrain from making accusations of sexual harassment in bad faith.
(g) 
Disciplinary action may be taken against any employee who fails to report instances of sexual harassment, or who fails or refuses to cooperate in the investigation of a complaint of sexual harassment, or who files a complaint of sexual harassment in bad faith.
(1971 Code, sec. 2-205)
All employees and supervisors are required to attend regular sexual harassment training sessions, as scheduled by their department heads.
(1971 Code, sec. 2-206)
All employees must sign an acknowledgment, on the form marked exhibit A, indicating that they have attended sexual harassment training and have reviewed and fully understand the Town’s policy on sexual harassment. This form will be placed into the employee’s personnel file.
Editor’s note–The form “exhibit A” referred to in this section is not included herein, but is on file and available for inspection in the office of the Town Administrator.
(1971 Code, sec. 2-207)