Policy 05.14 Anti-Harassment

POLICY TITLE:	Anti-Harassment
POLICY NUMBER:	05.14
VERSION:	2.0
REVISED DATE:	July 10, 2017
REVIEWED DATE:	March 20, 2018
APPROVAL DATE:	March 22, 2018
EFFECTIVE DATE:	April 2, 2018
NUMBER OF PAGES:	4

1. Description and Purpose The purpose of this policy is to maintain a working environment free from harassment and establish a procedure for reporting and investigating harassment.

2. Applicability This policy applies to all employees of the City.

3. Failure to Comply Failure to comply with this policy may result in disciplinary action in accordance with all disciplinary policies of the City.

1. It is the policy of City to maintain a working environment free from harassment based on an employee’s race, national origin, religion, age, sexual orientation or color or because of the employee’s age, physical or mental disability, sex, marital status, changes in marital status, pregnancy or parenthood when the reasonable demands of the position do not require such distinction on such basis. The City prohibits any form of unlawful harassment based on the above factors.

2. It shall be a violation of this policy for any employee of City to harass any other employee through conduct or communication as defined by this policy.

3. The City will act to investigate all complaints, either formal or informal, verbal or written, of harassment and to discipline employees who harass any City employee based on any of the above listed factors.

a. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

i. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment;

ii. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; or

iii. That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or creating an intimidating, hostile or offensive employment environment. Any sexual harassment as defined when perpetrated on any employee by any other employee will be treated as sexual harassment under this policy.

b. Sexual harassment may include, but is not limited to:

i. Verbal harassment or abuse;

ii. Subtle pressure for sexual activity;

iii. Inappropriate patting or pinching;

iv. Intentional brushing against an employee's body;

v. Demanding sexual favors accompanied by implied or overt threats concerning an individual's employment; or

vi. Any sexually motivated unwelcome touching.

c. Unlawful harassment based on the other illegal factors set forth above consists of verbal or physical conduct or communication of a hostile or offensive nature when:

i. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment;

ii. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; or

a. Any person who believes he or she has been the victim of harassment by an employee of City, or any third person with knowledge or belief of conduct which may constitute harassment, should report the alleged acts immediately to Saint Paul Department of Public Safety.

b. The City encourages the reporting party or complainant to use the City’s Harassment Complaint Form.

c. The City hereby designates the Director of Public Safety/Chief of Police or designated Police Officer as the person who is to receive reports or complaints of harassment from any individual, employee, or victim of harassment. If the complaint involves the Director of Public Safety/Chief of Police, the complaint shall be filed directly with any officer of Saint Paul Department of Public Safety or City Manager.

d. The City shall conspicuously post information on reporting of harassment in and on City facilities and grounds.

e. Submission of a good faith complaint or report of harassment will not affect the individual's future employ or work assignment.

f. Use of formal reporting forms is not mandatory.

g. The City will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with legal obligations and the necessity to investigate allegations of harassment and take disciplinary action when the conduct has occurred.

a. Upon receipt of a report or complaint alleging harassment, the City shall immediately authorize an investigation. This investigation may be conducted by the Director of Public Safety/Chief of Police or a designated Police Officer. The investigating party shall provide a written report of the status of the investigation within 10 working days to the City Manager. The investigator shall make a report to the City Manager and Complainant upon completion of the investigation. If the complaint involves the Director of Public Safety/Chief of Police, the complaint shall be filed directly with any officer of Saint Paul Department of Public Safety or City Manager.

b. In determining whether alleged conduct constitutes harassment, the City should consider the surrounding circumstances, the nature of the conduct or speech, the relationships between the parties involved and the context in which the alleged incidents occurred.

c. The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and review of documents deemed pertinent by the investigator.

d. In addition, the City may take immediate steps, at its discretion, to protect the complainant and employees pending completion of an investigation of alleged harassment.

a. The City will discipline any individual who retaliates against any person who reports in good faith alleged harassment or who retaliates against any person who testifies, assists, or participates in an investigation, proceeding, or hearing relating to a harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

a. The City recognizes that not every advance or act of a sexual, insensitive, or apparently offensive nature constitutes harassment. Whether a particular action or incident is permissible requires a determination based on all the facts and surrounding circumstances. False accusations of harassment can have a serious detrimental effect on innocent parties.

a. The City will take such disciplinary action it deems necessary and appropriate, including warning, suspension, or discharge to end unlawful harassment and prevent its reoccurrence.

1. Harassment Complaint Form.

1. None.

1. This policy replaces Section 11.04.05 of the City Code of Ordinances (CCO).