Sexual harassment violates federal and state law. The Village of Bayville
hereby finds that sexual harassment creates an illegal and undesirable working
environment and that such activity should be prohibited and prevented. It
is the policy of the village to maintain a work environment which is free
of sexual harassment and to provide for appropriate disciplinary action, including
dismissal in appropriate cases, where such activity occurs.
A.
"Sexual harassment," as used in this chapter, shall mean
unwelcome sexual advances, requests for sexual favors and other verbal or
physical conduct of a sexual nature, when:
(1)
Submission to such conduct is made with, explicitly or
implicitly, a term or condition of an individual's employment.
(2)
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual.
(3)
Such conduct has the purpose or effect of substantially
interfering with an individual's work performance or is creating an intimidating,
hostile or offensive work environment.
B.
Any of the following activities, when combined with the
above conditions, shall be deemed to constitute sexual harassment:
(1)
Unwelcome sexual advances.
(2)
Requests for sexual favors.
(3)
Other verbal and physical conduct, such as:
(a)
Offensive sexual flirtation, advances or propositions.
(b)
Unwanted hugs, touches or kisses.
(c)
Touching, patting or pinching.
(d)
Subtle pressure or requests for sexual activity.
(e)
Forced sexual relations.
(f)
Verbal abuse of a sexual nature.
(g)
Sexual jokes.
(h)
Sexually suggestive remarks or innuendoes.
(i)
Persistent remarks about another person's clothing, body
or sexual activities.
(j)
Off-color humor.
(k)
Graphic written or verbal commentaries about an employee's
body.
(l)
Sexually degrading words used to describe an employee.
(m)
Display in the workplace of sexually suggestive objects
or pictures.
(n)
Insults or degrading sexual remarks or conduct used to
abuse the dignity of another person.
(o)
Threats, demands or suggestions that an employee's work
status or benefits depend upon the employee's tolerance of sexual advances.
(p)
Retaliation against employees who complain about sexually
offensive behavior.
C.
Sexual harassment does not include complaints and conversations
of a socially acceptable nature. Sexual harassment does include unwelcome
sexual advances or propositions, requests for sexual favors and other verbal
or physical conduct which offends employees, harms morale or interferes with
the working environment of an employee.
Sexual harassment is prohibited at all levels of employment, at all
times and especially when it directly or indirectly threatens a term or condition
of employment, affects an employment decision, interferes with the work performance
of an employee or creates an intimidating, hostile or offensive work environment.
A.
The following procedure is established with respect to
complaints of sexual harassment received by an officer or employee of the
village:
(1)
The employee making such complaint shall submit the same
in writing to his or her immediate supervisor, the Mayor or the Village Clerk.
(2)
The person receiving such complaint shall promptly bring
such complaint to the attention of the Mayor and the Village Clerk, except
that if the complaint is against the Mayor or Village Clerk, such person shall
not be so notified of the complaint. Any immediate corrective action taken
by any person receiving notice of such complaint shall be considered preliminary
and not final, pending investigation and decision as provided in this section.
(3)
Within ten (10) working days of receipt of such complaint,
the person to whom such complaint is made shall make an effort to intervene
and investigate the complaint, and all facets of such investigation are to
be recorded in writing and the results of such investigation delivered to
the Mayor and Board of Trustees.
(4)
Upon a finding that an employee or employees have engaged
in conduct which constitutes sexual harassment, the village promptly will
take appropriate action, including, but not limited to, disciplinary action
appropriate under the circumstances and as may be permitted by law.
(5)
Refusal to answer questions or to cooperate during an
investigation of a complaint of sexual harassment may be an independent ground
for employee disciplinary action.
The Village of Bayville will endeavor to protect the privacy of employees
involved in a sexual harassment investigation to the extent reasonably possible.
The village shall also take appropriate action that such employees who file
complaints of sexual harassment are protected from illegal retaliatory actions.
All persons involved in any such complaint or investigation shall be treated
with dignity.
A.
The Village Clerk will provide each employee annually
with a copy of this chapter of the Village Code.
B.
The Village Clerk will provide a copy of this chapter
of the Village Code to each new employee within one (1) month of such employee's
date of hire.
C.
The Village Clerk will ensure that notice of the village's
sexual harassment policy is posted in conspicuous places in the village workplaces.
D.
Each department supervisor is responsible for prevention
of sexual harassment and for promotion and enforcement of the village's sexual
harassment policy. Supervisory or managerial employees who receive a complaint
of sexual harassment occurring in the workplace shall promptly report such
complaint to the Mayor and the Village Clerk (except if the complaint is with
respect to conduct alleged to have been engaged in by the Mayor or Village
Clerk, such report shall not be made to that official), so an immediate investigation
and appropriate action may be undertaken. Supervisory and managerial employees
shall take such immediate corrective action as may be necessary pending investigation
and disposition of a complaint.
E.
Each department supervisor is responsible for identifying,
and reporting to the Board of Trustees, problem areas in interpreting or applying
policy guidelines and reporting any complaints of sexual harassment and the
manner in which they were remedied or otherwise disposed of.
F.
Each employee is expected to support and enforce the
village's sexual harassment policy in terms of acceptable employment practices
and behavior in the workplace setting. All employees who witness or become
aware of instances of sexual harassment will immediately report the incident(s)
to their supervisor, the Mayor or the Village Clerk. In addition, each employee
is expected to refrain from sexual harassment of others.
Sexual harassment violates federal and state law. Refusal to comply
with the village's sexual harassment policy will result in disciplinary action,
possibly including dismissal, in addition to any other penalties which may
be provided by law.
