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SEXUAL HARASSMENT POLICY <br />PAGE THREE <br />III. The Clerk -Administrator is the person designated <br />by the City to be the invetigator of complaints <br />of sexual harassment. The Clerk -Administrator <br />may delegate the investigation to another City <br />employee at his discretion. In the event that <br />the sexual harassment complaint is against the <br />Clerk -Administrator, the investigator shall be a <br />municipal employee appointed by the City Attorney <br />When an allegation of sexual harassment is made <br />by an employee, the person to whom the complaint <br />is made shall immediately prepare a report of the <br />complaint according to the preceeding section and <br />submit it to the Clerk -Administrator, or in the <br />event the sexual harassment complaint is against <br />the Clerk -Administrator, to the -City Attorney. <br />The investigator shall mare and kee.- a :tritten <br />record of the investigation, including notes or <br />verbal responses made to the investigator by the <br />person complaining of sexual harassment, <br />witnesses interviewed during the investigation, <br />the person against whom the complaint of sexual <br />harassment was made, and any other person <br />contacted by the investigator in connection with <br />the investigation. The notes shall be made at <br />the time the verbal interview is in progress. <br />Based upon the report, the Clerk -Administrator <br />shall, within a reasonable time, determine <br />whether the conduct of the person against whom a <br />complaint of sexual harassment has been made <br />constitutes sexual harassment. In making that <br />determination, the Clerk -Administrator shall look <br />at the record as a whole and at the totality of <br />circumstances, including the nature of the <br />conduct in question, the context in which the <br />conduct, if any, occurred, and the conduct of the <br />person complaining of sexual harassment. The <br />determination of whether sexuai harassment <br />occurred will be made on a case -by -case basis. <br />If the r1erk-Administrator determines that the <br />complaint of sexual harassment is founded, he <br />shall recommend that the City Council take <br />immediate and appropriate disciplinary <br />action against the employee guilty of sexual <br />harassment, consistent with its authority under <br />the municipal charter, ordinances, rules or <br />regulations pertaining to employee discipline. <br />The disciplinary action shall be consistent with <br />the nature and severity of the offense, the rank <br />