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09-15-1997 WS
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09-15-1997 WS
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MV City Council
City Council Document Type
City Council Packets
Date
9/15/1997
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"Sexual Harassment/inappropriate conduct" may come in various forms including, but not <br /> limited to: <br /> • Physical - unwelcome sexually motivated patting, pinching, cornering, hugging, kissing. <br /> • Verbal - sex-oriented teasing and use of offensive or demeaning terms which have <br /> sexual connotations. <br /> • Visual-suggestive cartoons, calendars, posters or jokes displayed or circulated in the <br /> workplace. <br /> • Sexual favors -subtle or explicit demands or pressure for sexual favors or sexual <br /> activity. <br /> • Nonsexual conduct that is demanding, degrading or harassing directed towards <br /> someone that would not have occurred but for the individual's gender. <br /> Reporting <br /> If any employee has knowledge of sexual harassment/inappropriate conduct or believes they <br /> are being harassed by a City employee (i.e., co-worker, Supervisor, subordinate) or by <br /> someone who is not a City employee but with whom the employee has contact because of work <br /> duties, the employee should make this known to the employee's Supervisor immediately. If the <br /> employee feels that the matter cannot be discussed with the immediate Supervisor, the <br /> employee should arrange a conference with the Department Head, Human Resource <br /> Representative, Clerk Administrator or City Attorney. The employee's Supervisor or the person <br /> to whom the employee spoke with, should notify the Clerk Administrator as soon as is <br /> practicable after receiving notice of the concerns. The matter will be investigated in a thorough • <br /> and timely manner by the Clerk Administrator or his/her designee and appropriate action will be <br /> taken. <br /> All investigations will be conducted in compliance with applicable state statutes, union <br /> contracts, and this policy. Any employee under investigation for possible violation of this policy <br /> will be informed of his/her rights and responsibilities under the Garrity/Tennessen advisory and, <br /> if covered by a collective bargaining agreement, will be given the opportunity to have a union <br /> representative present while a formal statement is taken. Garrity/Tennessen warning advises <br /> the employee why the data is being collected and how the City intends to use the data; whether <br /> the individual may refuse or is legally required to supply the data; any consequences to the <br /> individual of either supplying or refusing to supply the data; the identity of other persons or <br /> entities authorized by law to receive the data. <br /> Once the investigation is complete, the designee will forward all reports and statements along <br /> with a recommendation to the Clerk Administrator, or in the event the complaint is against the <br /> Clerk Administrator, to the City Attorney. if the facts support the allegations of sexual <br /> harassment or that violations of this policy have occurred, disciplinary action up to and including <br /> immediate termination may result. If the Clerk Administrator determines the complaint of sexual <br /> harassment is founded, he/she shall recommend that the City Council take immediate and <br /> appropriate disciplinary action against the employee guilty of sexual harassment, consistent <br /> with its authority under the municipal charter, ordinances, rules and regulations pertaining to <br /> employee discipline. The disciplinary action shall be consistent with the nature and severity of <br /> the offense, the rank of the employee, and any other factors the City Council believes relate to <br /> fair and efficient administration of the City, including but not limited to the affect of the offense <br /> on the employees morale, public perception of the offense, and the light in which it casts the <br />
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