[HISTORY: Adopted by the Board of Trustees of the Village of Waterford 12-9-1998.
Amendments noted where applicable.]
A. It is the Village of Waterford's policy that all
employees have the right to work in an environment free of all forms of harassment.
The Village of Waterford does not condone, and will not tolerate, any harassment. Therefore,
the Village of Waterford shall take direct and immediate action to prevent
such behavior and to remedy all reported instances of harassment, sexual or
otherwise.
B. The purpose of this policy is to maintain a healthy work
environment and to provide procedures for reporting, investigation and resolution
of complaints of harassment, sexual or otherwise.
The following conduct is defined as sexual harassment and is specifically
prohibited:
A. Unwelcome sexual advances.
B. Requests for sexual favors.
C. Other verbal or physical conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly
or implicitly a term or condition of employment;
(2) Submission to or rejection of such conduct by an employee
is used as the basis for employment decisions affecting the employee; 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 working environment.
A. Each supervisor shall be responsible for preventing acts
of harassment. This responsibility includes:
(1) Monitoring the work environment on a daily basis for
signs that harassment may be occurring;
(2) Counseling all employees on the types of behavior prohibited
and the village's procedures for reporting and resolving complaints of
harassment;
(3) Stopping any observed acts that may be considered harassment
and taking appropriate steps to intervene, whether or not the involved employees
are directly under such supervisor's supervision; and
(4) Taking immediate action to limit the work contact between
two employees where there has been a complaint of harassment, pending investigation.
B. Each supervisor has the responsibility to assist any
employee of the Village of Waterford who comes to that supervisor with a complaint
of harassment in documenting and filing a complaint with an employee who shall
be made responsible for investigations of complaints of sexual harassment
(hereinafter referred to as the "investigation officer").
C. Each employee of the Village of Waterford is responsible
for assisting in the prevention of harassment through the following acts:
(1) Refraining from participation in, or encouragement of,
actions that could be perceived as harassment;
(2) Reporting acts of harassment to a supervisor; and
(3) Encouraging any employee who confides that he/she is
being harassed to report such acts to a supervisor.
D. An employee's failure to take action to stop known
harassment shall be grounds for discipline.
A. Employees encountering harassment in the workplace shall
tell that person that his/her actions are unwelcome and offensive. The employee
shall document all incidents of harassment in order to provide the fullest
basis for investigation.
B. Employees who have complaints of sexual harassment shall
report the incident(s) to their supervisor or any Village of Waterford official
as soon as possible so that steps may be taken to investigate and resolve
the matter and initiate appropriate disciplinary measures. The employee shall
make such report within seven days of the incident.
C. The person to whom a complaint is given shall meet with
the employee who gave the complaint and document, in writing, the incidents
complained of, the person(s) performing or participating in the harassment
and the dates on which it occurred.
D. The person to whom a complaint is given will expeditiously
deliver the complaint to the investigation officer.
E. The investigation officer shall promptly investigate
all complaints.
(1) The investigation officer shall make a determination
whether an incident of sexual harassment did occur.
(2) The investigation officer shall also determine whether
other employees were or are being harassed by the person(s) and whether other
employees participated in or encouraged the harassment.
(3) The investigation officer shall inform the parties involved
of the outcome of the investigation.
(4) The investigation officer shall maintain a file of all
harassment complaints in a secure location.
(5) Upon conclusion of the investigation and within 180 days
after the complaint is brought, the investigation officer shall make a written
recommendation to the Village Board of the Village of Waterford regarding
the outcome of the investigation.
(6) The investigation officer shall immediately notify the
district attorney's office if the complaint contains evidence of criminal
activity, such as battery, rape or attempted rape.
(7) There shall be no retaliation against any employee for
filing a harassment complaint or assisting in the investigation of a complaint.
However, if after investigating any complaint of harassment the investigation
officer learns that the complaint is not bona fide or that an employee has
provided false information regarding the complaint, disciplinary action may
be taken against the individual who provided the false information.
After receiving the recommendation from the investigation officer the
Village Board shall determine whether:
A. Prohibited conduct occurred;
B. Prohibited conduct did not occur; or
C. A hearing is necessary in order to obtain necessary facts
or resolve facts in dispute.
A. A hearing shall be had:
(1) If the Village Board determines that a hearing is necessary;
or
(2) Upon a written request of a party accompanied by a showing
of material facts in dispute.
B. A hearing shall provide an opportunity for parties and
witnesses to be heard.
If the Village Board finds that a party has engaged in sexual harassment
the Village Board may take one or more of the following actions:
A. Oral reprimand of the offender.
B. Written reprimand of the offender, to be included in
the offender's personnel file.
C. Transfer, suspension or discharge of the offender or
any other action which may be appropriate.
A record shall be maintained with respect to each complaint of harassment
and shall contain the following:
B. Any written statements produced during the investigation;
C. The investigation officer's recommendation;
D. A record of the hearing, if any;
E. The Village Board's findings in the matter; and
F. The remedy imposed by the Village Board, if any.
A. If any party is not satisfied with the outcome of the
grievance procedure, an appeal may be taken directly to the Waterford Mayor
or his designated representative, who may be an outside hearing officer retained
on an ad hoc basis.
B. This policy does not preclude an employee from filing
a complaint or grievance with an appropriate outside agency. However, employees
are encouraged to first use the grievance procedure established herein.