[1]
Editor's Note: This ordinance also repealed
former Art. VIII, Sexual Harassment, adopted 12-6-1989.
A.
It is the policy of the City of Ithaca, in its capacity
as an employer, to provide and maintain a work environment which is
free from unlawful discrimination. Sexual harassment is a form of
unlawful discrimination and is prohibited in each and every City work
environment and each and every situation which directly impacts a
City work environment.
B.
The City of Ithaca considers sexual harassment to
be a form of employee misconduct and considers this type of misconduct
to be a serious offense. Allegations of sexual harassment will be
investigated thoroughly and, if substantiated, will be met with appropriate
corrective and/or disciplinary action commensurate with the seriousness
of the offense(s), up to and including discharge.
A.
According to Federal Equal Employment Opportunity
Commission (EEOC) guidelines, "sexual harassment" is defined as follows.
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"Unwelcome sexual advances, requests for sexual
favors and other verbal or physical conduct of a sexual nature when:
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1.
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Submission to such conduct is made, explicitly
or implicitly, a term or condition of an individual's employment;
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2.
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Submission to or rejection of such conduct by
an individual is used as the basis for employment decisions affecting
such individual; or
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3.
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Such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating,
hostile or offensive working environment."
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B.
The City of Ithaca hereby adopts the above definition
of sexual harassment. The definition applies to the conduct of a supervisor
towards a subordinate; the conduct of one employee towards another
employee; the conduct of an employee towards a job applicant; and
the conduct of a nonemployee towards a City employee.
C.
Examples of sexual harassment. Examples of sexual
harassment include but are not limited to:
(1)
Abusive verbal language related to an employee's sex,
sexual innuendoes, jokes and other sexually suggestive comments or
references to sex or gender-specific traits.
(2)
Abusive written notes, email, graffiti, telephone
calls or facsimiles that are sexual in nature.
(3)
Sexual propositions, insults or threats.
(4)
Persistent unwanted sexual/romantic attention.
(5)
Leering, whistling or other sexually suggestive or
insulting sounds or gestures.
(6)
Displaying pictures, calendars, cartoons or other
material with sexual content.
(7)
Coerced or unwelcome touching, patting, brushing up
against, pinching, kissing, stroking, massaging, squeezing or tickling.
(8)
Subtle or overt pressure for sexual favors.
(9)
Coerced sexual intercourse (e.g., as a condition of
employment.
A.
Questions about the policy. If any City employee or
officer is subject to, or witnesses, a situation which he or she believes
constitutes sexual harassment or has any questions about the City
sexual harassment policy or on how to proceed, the employee should
contact the Human Resources Department.
B.
Confidentiality.
(1)
The City of Ithaca has a commitment to respect the
privacy and anonymity of both victims and accused harassers, within
legal constraints. Confidentiality will be maintained throughout the
investigatory process to the extent practical and appropriate under
the circumstances.
(2)
All individuals who are involved in the complaint
and/or investigation process are obliged to maintain the confidentiality
of the proceedings. The maintenance of confidentiality does not mean
that the accused will not be made aware of the complaint and its specifics.
C.
Reporting complaints. Any City officer or employee
is required to report an incident of suspected harassment or employment
discrimination to his or her supervisor, department head or the Director
of Human Resources as soon as possible after an alleged incident.
The person reporting the harassment does not have to be the intended
target of the harassment. When a supervisor or department head receives
a complaint, he or she will contact the Human Resources Department
immediately to determine how to investigate and address the complaint.
D.
Types of complaints.
(1)
Informal complaints. Some situations may be resolved
in an informal manner by the department head or supervisor without
the need for a formal complaint and investigation. Disciplinary action
may not be taken against the alleged harasser without a formal complaint
being filed, and a finding, after investigation, that there is probable
cause to believe harassment occurred.
(2)
Formal complaint. A formal complaint must be in writing
and must include the act(s) complained about, identify the person
or persons alleged to have committed such act(s) and indicate the
approximate dates, if known, when the act(s) occurred. Employees and
officers can fill out the form themselves or ask for help from their
supervisor, department head or the Human Resources Director. A formal
complaint shall be filed with the Department of Human Resources.
E.
Investigation procedure.
(1)
Once a formal complaint has been received, the Human
Resources Director will commence a prompt investigation of the allegations
in the complaint and will report the results of the investigation
to the complainant's department head or to the City Manager, as appropriate.
The investigation should be concluded within 60 days of the filing
of the formal complaint. The investigation may be expanded if more
allegations are uncovered during the investigation.
[Amended 11-3-2021 by Ord. No. 2021-09]
(2)
The investigation may include but is not limited to:
(a)
Identifying the alleged harasser.
(b)
Separately interviewing the complainant and/or
witnesses.
(c)
Meeting with the person accused to inform her/him
of the complaint and informing her/him that retaliation is prohibited.
(d)
Interviewing the accused person regarding the
allegations.
(e)
Interviewing witnesses provided by the accused
person.
(f)
Determining whether or not there is probable
cause to believe that the allegations are true.
(3)
Prompt reporting of a complaint is strongly encouraged
as it allows for rapid response to and resolution of objectionable
behavior. Complaints should be filed within one year of the alleged
harassment.
F.
Protection from retaliation. Federal and state law
and City of Ithaca policy prohibit any form of retaliation against
a person who files a discrimination complaint or is a witness in a
discrimination complaint procedure.
A.
Unfounded complaints. If, after an investigation,
a complaint is determined to be unfounded, the Human Resources Director
will inform the complainant(s) and the accused that the complaint
is unfounded. The Human Resources Department will maintain a confidential
record of the investigation.
B.
Complaint founded. If a complaint is founded, the
Human Resources Director and the Department Head or City Manager will
meet with the person accused and his/her union representative, if
the accused is represented, and explain the findings of the investigation.
The accused will have an opportunity to accept the findings and any
corrective and/or disciplinary action, or to oppose the findings and
file a grievance through his/her collective bargaining unit. The Human
Resources Department will maintain a confidential record of the investigation.
[Amended 11-3-2021 by Ord. No. 2021-09]
C.
In the event that either the employee alleging sexual harassment or the employee being charged with sexual harassment is not covered by a labor contract, he/she may exercise his/her appeal rights provided for by Civil Service Law, § C-26.1 of the City Charter or Article I of Chapter 90 of the Code of the City of Ithaca, as appropriate.
D.
Corrective and disciplinary action. Corrective and
disciplinary action for sexual harassment may include any or all of
the following: attending individualized training; verbal warning;
written reprimand; work restrictions, salary reduction or limitation;
suspension; dismissal.
E.
Filing complaints with outside agents. This internal
complaint and investigation process does not substitute for or remove
the rights of employees or officers to bring charges of sexual harassment
with local, federal and state agencies. Those agencies have specific
time limits within which complaints can be brought, and employees
or officers should consult each agency as to the proper procedure
or time limit.
F.
Support services. Individuals involved in sexual harassment
complaints are encouraged to seek assistance through the Employee
Assistance Program or the Human Resources Department.
A.
All managerial and supervisory staff of the City of
Ithaca shall be responsible for enforcing this policy and shall have
particular responsibility for ensuring that the work environment under
their supervision is free from sexual harassment and its effects.
B.
All managerial and supervisory staff who receive sexual
harassment complaints will be responsible for immediately forwarding
such complaints to either their department head or the Director of
Human Resources for investigation.
C.
The City shall conduct training for managerial and
supervisory staff in each department on the issues surrounding sexual
harassment, its effects and its appearances and the role and responsibility
of supervisory personnel in preventing incidents of sexual harassment
and resolving sexual harassment complaints.
D.
The City shall also distribute this policy to all
City employees and conspicuously post this policy at all City work
sites. Copies of this policy will also be distributed to new employees
as they are hired who will be required to sign a statement that they
have read and understood the policy. The City shall also conduct training
for all City employees on the concept and definition of sexual harassment,
the issues surrounding it and ways in which to deal with sexual harassment.
Severability is intended throughout and within
the provisions of this article. If any section, subsection, sentence,
clause, phrase or portion of this article is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions of this article.
