§ 32-33. Sexual harassment policy.

(a)

Sexual harassment policy. Sexual harassment is a violation of Title VII of the 1964 Civil Rights Act, other federal and state statutes, and the policy of the village.

(b)

Recognizing sexual harassment. The term "sexual harassment" may be defined as unsolicited, offensive behavior that inappropriately asserts sexuality over employees. Examples of sexual harassment may involve verbal statements, which may include sexual innuendos, suggestive comments, insults, humor and jokes about sex or the human body and threats, nonverbal communication, such as leering, whistling and obscene gestures and physical contact, which may include touching, pinching, brushing the body, coerced sexual intercourse, and assault.

(c)

Management responsibility. Sexual harassment undermines employee morale, interferes with productivity and causes hostility between employees and management. The elected officials of the village strongly disapprove of sexual harassment and will take appropriate action to end sexual harassment and to prevent a recurrence of any such misconduct. Whether or not a particular incident is the result of a social relationship without sexual harassment requires complete factual investigation. Given the nature of this type of discrimination, the elected officials recognize that false accusations of sexual harassment can have serious effects on innocent women and men.

(d)

Procedure for making a complaint. An employee who believes he has been the subject of sexual harassment should report the alleged act immediately or as soon as possible to the employee's immediate supervisor or the mayor, clerk, or one of the members of the board. It is not necessary for an employee to complain first to an offending supervisor in order to report sexual harassment.

(e)

Investigation. The mayor and board will investigate each charge of sexual harassment by confidentially gathering information from all concerned. The mayor, board, and supervisors will not retaliate against any employee because of reports of alleged harassment or because of cooperation with any investigation. The mayor and board may consult with its attorney in order to determine whether any conduct found to have occurred constitutes sexual harassment. If sexual harassment is found to have occurred, the mayor and board may make subsequent inquiries, from time to time, to ensure that any such harassment has not suffered any retaliation.

(f)

Discipline. Any employee, manager, or supervisor found by the village to have sexually harassed another employee will be subject to appropriate discipline, up to and including termination.

(Code 2004, § 3.8; Ord. of 9-12-1995)