[HISTORY: Adopted by the Township Committee of the Township of Alexandria
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-2003]
A.
It is the policy of the Township of Alexandria to maintain
a working environment that is free from all forms of discrimination, including
sexual harassment.
B.
Sexual harassment is a form of misconduct that undermines
the integrity of the employment relationship. No employee, either male or
female, should be subjected to unsolicited and unwelcomed sexual overtures
or conduct, either verbal or physical. No employee should be subjected to
a hostile or offensive working environment created by sexual harassment.
C.
Sexual harassment does not refer to occasional compliments
of a socially acceptable nature. It refers to behavior that is not welcome,
that is personally offensive, that lowers morale and that, therefore, interferes
with work effectiveness.
D.
Each supervisor has a responsibility to maintain the
workplace free of sexual harassment. This duty includes discussing this policy
with all employees and assuring them that they are not to endure insulting,
degrading or exploitive sexual treatment.
E.
It shall be a violation of this policy for any employee
of the Township of Alexandria to harass another employee through conduct or
communications of a sexual nature or because of that employee's gender.
It shall also be a violation of this policy for any supervisor who is aware
that sexual harassment is taking place to fail to promptly report the matter
to the Mayor or other member of the Township Committee.
As used in this article, the following terms shall have the meanings
indicated:
"Sexual harassment" shall consist of unwelcomed sexual advances, requests
for sexual favors and other inappropriate verbal or physical conduct of a
sexual nature made by any employee when:
Submission to sexual harassment is made either explicitly or implicitly
a term or condition of an individual's employment;
Submission to or rejection of sexual harassment by an individual is
used as the basis for employment decisions affecting that individual; or
Sexual harassment has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating, hostile
or offensive working environment.
"Sexual harassment" may include but is not limited to the following:
Unwelcome sexual advances, such as offensive sexual flirtations, repeated
requests for dates or love letters after rejection of overtures.
Discussing sexual activities.
Pressure or coercion for sexual activity.
Repeated remarks to a person, with sexual or demeaning implications.
Unwelcomed, intentional touching, such as patting, pinching or brushing
against another's body.
Suggesting or demanding sexual involvement accompanied by implied or
explicit threats concerning one's evaluation, raise, promotion, etc.
Display of nude or pornographic pictures, lewd or vulgar cartoons, etc.
Practical jokes about gender-specific traits.
"Sexual harassment" may also consist of intimidating, abusive or hostile
behavior of a nonsexual nature toward an employee because of his/her gender.
Verbal abuse and hostility that is not sexual in character but is directed
solely at females because they are female or males because they are males,
for example, is likewise a violation of this policy on the same level as harassment
of a sexual nature.
"Sexual harassment" can also take the form of offensive conduct by nonemployees,
such as vendors, outside contractors, etc., against employees in the workplace.
Because of the nature and seriousness of sexual harassment in the workplace,
the receipt of complaints, investigation and recommendation for disciplinary
action, if necessary, shall be the responsibility of the Mayor and Township
Committee.
Any person who feels he/she is the victim of sexual harassment as defined
herein may file a complaint directly with the Mayor or designated member of
Township Committee. If any department head or other supervisory personnel
receives a complaint regarding sexual harassment or becomes aware of instances
of sexual harassment, then the department head or supervisor shall promptly
report the incident to the Mayor or designated member of Township Committee.
Although employees are encouraged to try to resolve disputes with the help
of their immediate supervisor, there is no requirement that the employee exhaust
the chain of command in relation to sexual harassment complaints. Rather,
an employee can go directly to the Mayor or designated member of Township
Committee at any time during the complaint process. The filing of a bona fide
complaint or otherwise reporting sexual harassment will not adversely affect
the individual's employment status or future terms and conditions of
employment.
A.
The Mayor or designated member of Township Committee
shall promptly commence an investigation of the allegations of sexual harassment,
which may include interviews and written statements from the victim, the alleged
harasser and any witnesses. The Mayor or designated member of Township Committee
may request the assistance of the Township Attorney, other supervisory personnel
or outside sources in conducting the investigation. Confidentiality shall
be maintained throughout the investigation process.
B.
A written report of the investigation shall be prepared
by the Mayor or designated member of Township Committee within seven days
of the conclusion of the investigation, with copies sent to the victim and
alleged harasser. The Mayor or designated member of Township Committee may
initiate any remedial or disciplinary action deemed necessary.
A.
If the allegations of sexual harassment are found to
be meritorious, the Mayor or designated member of Township Committee shall
immediately institute remedial and/or corrective action, which may include
counseling, change in work assignments or disciplinary action up to and including
termination. Any disciplinary action shall be consistent with applicable collective
bargaining agreements, if any, and the procedural provisions of the personnel
policies of the Township of Alexandria. The victim of sexual harassment shall
be informed of the nature of any disciplinary action taken.
B.
The Mayor or designated member of Township Committee
or their designees may monitor future conduct of the parties involved in order
to reasonably ensure that the remedial action taken has been effective in
stopping the harassment and that no retaliation has occurred.
If any individual is aggrieved with the investigation, findings and/or
remedies pursuant to this policy, he/she may assert any right of appeal contained
in the applicable collective bargaining agreements or personnel policies,
rules and regulations by filing an administrative appeal with the full Township
Committee, which shall promptly hold a hearing on the appeal and render findings
of fact, conclusions and a decision, including disciplinary action if warranted.
A.
This policy will be distributed to all employees and
department heads of the Township and incorporated in employee handbooks. This
policy shall also be included in any standard operating procedures manual
of any department.
B.
Every employee shall be required to certify that he or
she has received a copy of this policy. This certification shall be maintained
in each employee's personnel file.
C.
This policy shall also be permanently placed on all employee
bulletin boards in every department. It shall be a violation of this policy
to remove the policy from any bulletin board or deface this policy in any
manner.
D.
Mandatory training sessions on this policy and the prevention
of sexual harassment shall be held for all personnel during appropriate in-service
training programs or orientation sessions.
It is the duty of all employees, including supervisory personnel, to
be familiar with this policy. More importantly, each employee has a stake
in preventing sexual harassment and thus shares responsibility with the Mayor
or designated member of Township Committee in eliminating sexual harassment
in the workplace. Employees who feel victimized by sexual harassment are encouraged
to come forward with complaints. Employees should also inform their coworkers
or supervisor in no uncertain terms that conduct is offensive and unwelcome.
Often, disputes arise only because of misconceptions and insensitivity, which
can be corrected simply thorough communication. If self-help remedies do not
resolve the dispute, report the matter promptly to the Mayor or designated
member of Township Committee. Also, all employees have a responsibility to
cooperate fully with the investigation of sexual harassment. Although the
extent of each investigation will vary, confidentiality and cooperation are
crucial at all levels. Finally, any retaliatory conduct or recurrence of the
offensive behavior should be reported immediately to the Mayor or any member
of the Township Committee.
A.
The Township shall not take any retaliation against any
employee who files a complaint or assists in the investigation of such a complaint.
B.
Any act of any Township official taken to punish, discourage
or intimidate any person who has or may either become a complainant or assist
in the investigation of a legitimate sexual harassment complaint shall be
punishable as an additional act of sexual harassment requiring appropriate
disciplinary action.
A.
Since a charge of sexual harassment is a grave and serious
one, false accusations of sexual harassment are, and will be treated as, a
disciplinary offense and will result in a level of punishment appropriate
for a person actually engaging in such behavior.
B.
A person who knowingly and/or recklessly fails to give
truthful testimony to an investigator or Township official, as same are established
by this article, shall also be guilty of having made false accusations.
