AVERT Policies and Procedures 1620
1.0 PURPOSE 2.1 SEXUAL HARASSMENT - Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when; 2.1.1 submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or membership or a business transaction, 2.1.2 submission to or rejection of such conduct by an individual is used as the basis for employment, membership or transaction decisions affecting such individual or organization, or 2.1.3 such conduct has the purpose of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 3.0 POLICY It is the firm and express policy of AVERT that discrimination based on gender which includes sexual harassment by or against AVERT employees, members or volunteers shall not be tolerated under any circumstances. AVERT Administrators, Directors, Officers, Trustees and Supervisors are admonished to do all within their power to ensure that sexual harassment is altogether prevented, insofar as is possible, and where it does occur is immediately investigated and remedied with appropriate disciplinary action taken against any AVERT employee, member or volunteer who engages in sexual harassment. The Corporation encourages and expects the prompt reporting of instances of such harassment and will ensure that reporting persons' rights are protected. 4.0 PROCEDURE 4.1 Sexual harassment is an unlawful activity which violates merit employee and business principles and is prohibited as a form of gender discrimination under Title VII of the Civil Rights Act. Any employee, member or volunteer who engages in such activity shall be subject to disciplinary action. 4.1.1 Sexual relationships which are used as the basis for employment, membership or business decisions not based on merit and qualifications are prohibited and may be subject to corrective or disciplinary action. 4.2 Employees, members or volunteers who are, subjected to, or are otherwise aware of, sexual harassment by or against another employee, member or volunteer are encouraged to report such harassment as soon as possible. 4.2.1 Employees or volunteers may, at their choice, make a report of sexual harassment to any of the following: 4.2.1.1 Any supervisor in the individual's chain of command, 4.2.1.2 The Human Resources Director, 4.2.1.3 The AVERT Program Manager, 4.2.1.4 Any AVERT Trustee or their Administrative Assistant. 4.2.2 Members may, at their choice, make a report of sexual harassment to any of the following: 4.2.1.1 Any Organization Director or Leader in the member's chain of command, 4.2.1.2 The Human Resources Director, 4.2.1.3 The AVERT Program Manager, 4.2.1.4 Any AVERT Trustee or their Administrative Assistant. 4.2.3 Complaints may be submitted by any individual or an organization through either verbal or written notification irrespective of whether the complainant was personally subjected to the offending behavior. 4.2.3.1 Complaints filed by individuals or organizations other than the victim of the sexually offensive behavior, must be submitted in writing. 4.2.3.2 Sexual harassment complaints may be filed regardless of whether the behavior occurred on or off duty, if it results in work related sexual harassment. 4.2.3.3 A report of sexual harassment need not be in writing but complainants are encouraged to document occurrence(s). 4.2.4 Employees, members or volunteers may bring good faith complaints without any fear of reprisal, intimidation, coercion or retaliation. Confidentiality will, to the extent practical under the law and under the necessities of disciplinary action, be protected. 4.2.4.1 Investigations which result in lack of positive, corroborative evidence of sexual harassment will be considered malicious or frivolous only if the complaint was filed without justification or with the intent to inflict professional or personal harm or to obtain personal gain. 4.2.5 Any act of reprisal toward the complainant or witnesses will subject the person who retaliated to corrective or disciplinary action. 4.2.6 Anyone receiving a report of sexual harassment, shall immediately inform the Administrator within whose office the report arises. 4.3 Preliminary Review The purpose of a preliminary review is
not to determine if sexual harassment actually occurred or if
disciplinary action is warranted. It should be conducted to determine
if immediate remedial action (such as separating the complainant
and alleged offender) is necessary and to determine if a more
formal investigation is required. Preliminary reviews shall be
conducted within two working days from 4.3.1 Upon receipt of a sexual harassment complaint, the Administrator shall contact the AVERT General Manager in order to determine whether remedial action should be taken pending the outcome of an administrative investigation. 4.3.2 The need, type and extent of remedial action will be determined by the Administrator in consultation with the General Manager and may include separation of the parties in the work environment. 4.3.3 Prior to an administrative investigation, the Administrator or designee, shall attempt to resolve the issues with the alleged offender and document said attempts. 4.3.4 If the Administrator is unable to resolve the sexual harassment claims, if the facts are in dispute or if it appears that discipline will be warranted, the matter must be referred for administrative investigation. 4.3.5 In cases where an Elected Trustee of the Corporation has been accused, the matter shall be immediately referred to the Board of Trustees pursuant to its statutory authority. 4.3.6 If the preliminary review indicates that no further action is necessary, a brief written memorandum shall be prepared and a copy shall be given to the Program Manager, the complainant and the accused. 4.4 Administrative Investigation 4.4.1 The primary responsibility for conducting an investigation and acting upon it shall be with the Administrator or his or her designee. Assistance shall be provided by the Human Resources Division, the Program Manager or the Corporate Attorney's Office. 4.4.1.1 Prior to an administrative investigation, the person bringing forth the complaint shall be required to submit a written statement. 4.4.2 Administrative investigations shall be conducted and completed within fifteen (15) calendar days following the receipt of the written report of the sexual harassment complaint. 4.4.2.1 Time limit in which to complete the investigation may be waived by the Program Manager based upon a written request. 4.4.3 Individuals who investigate sexual harassment complaints shall prepare a statement of findings and submit it to the Administrator and to the Program Manager. 4.4.4 Anyone conducting an investigation shall protect the rights of both the person complaining and the person accused. Confidentiality will be protected to the extent possible under the law. 4.4.5 If an Administrator, Supervisor or Officer of the Corporation is accused of sexual harassment, an administrative investigation shall be instituted by the Board of Trustees. 4.4.6 Any act of reprisal toward the complainant or witnesses shall be subject to separate corrective or disciplinary action. 4.4.7 Anyone conducting an investigation of sexual harassment under paragraph 4.0 shall provide a copy of this policy to the person making the harassment complaint and the accused. 4.4.8 The Administrator shall provide both the complainant and the accused a copy of the case's final disposition and statement of findings. 5.0 DISCIPLINE 5.1 If the person conducting the investigation, as provided in paragraph 4.0, determines that sexual harassment as described in this policy has occurred, appropriate disciplinary action shall be taken against the perpetrator in accordance with AVERT Policies & Procedures # 1650 - "Discipline". 5.2 No disciplinary action shall be taken against an individual accused of sexual harassment until an investigation has been conducted and the findings document the allegations. Disciplinary action shall be then imposed pursuant to AVERT Policies & Procedures # 1650 - "Discipline". 5.3 If the investigation reveals that disciplinary action is warranted, discipline shall be imposed based upon the pervasiveness, frequency, duration and severity of behavior. Administrators are encouraged to confer with the Human Resources Division, the Program Manager and the Corporate Attorney's Office regarding the degree of discipline to be imposed. 5.4 Administrators who investigate complaints of sexual harassment shall prepare a brief report including findings of fact and disciplinary action taken, if any, and forward it to the Program Manager. 5.5 A Supervisor, Manager or Administrator who knew that work related sexual harassment was occurring within his or her chain of command and failed to take timely action or any person who has responsibility, under this policy, to act on a sexual harassment complaint and fails to act may be subject to corrective or disciplinary action. 6.0 GRIEVANCES Any individual who is subjected to sexual harassment may file a grievance under the provisions of AVERT Policies & Procedures # 1640 - "Discrimination and Reprisals", and/or # 1680 - "Grievances". The time limit for the initial filing of a grievance shall start upon the completion of any procedures conducted under this policy. 7.0 HARASSMENT TRAINING The Training & Drills Committee shall institute a training program, including posted notices, written notices to employees, members or volunteers and periodic training programs, to fully inform employees, members, volunteers and supervisory personnel of the law regarding sexual harassment, encourage employees, members and volunteers to report it, remedy harassment as soon as possible through a fair investigation and appropriate disciplinary action, and inform all employees, members and volunteers of their rights under the law to be free from sexual harassment. |