311 UNLAWFUL HARASSMENT POLICY

The Clermont County Board of DD is committed to providing a work environment that is free of discrimination and unlawful harassment.

NO employee shall unlawfully harass any other employee, service provider, contractor, client of the Board, member of the public or any other individual with whom the employee interacts in connection with the employee’s job duties.

“Unlawful harassment” includes actions, words, jokes or comments based on race, religion, gender, sexual orientation, national origin, handicap age, ancestry, participation in the bargaining unit, non- participation in the bargaining unit, or any other legally protected characteristic of the individual.

As an example, sexual harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person.  It undermines the employment relationship and is strictly prohibited.

311.01 Sexual Harassment

1. Definitions
2. Prohibited behavior: any unwelcome attention of a sexual nature from a co-worker, supervisor, or visitor to the workplace. It includes behavior which causes discomfort to the employee subjected to the harassment and which interferes with the employee’s ability to perform his or her job.

The behavior can take the form of insults, derogatory remarks, sexually suggestive comments and/or demands, subtle or overt forms of pressure to engage in sexual activity; unwanted touching or leering, pinching, patting, and can end up as attempted or actual rape.

Ohio courts have found the following types of behavior to constitute actionable sexual harassment:

1. Persistent, sexually abusive and suggestive remarks;
2. Continued requests for a date and to visit the employee’s home;
3. Grossly offensive and improper sexual remarks to a co-worker; and/or
4. Touching and sexual remarks.
5. Sexual harassment: the above behavior (also) constitutes prohibited sexual harassment when…
6. Submission to the conduct is made a condition of employment;
7. Submission to or rejection of the conduct is used as the basis for an employment decision; or
8. The conduct interferes with an employee’s ability to perform his or her job or creates an intimidating, hostile, or offensive working environment.
9. Overview
10. Sexual harassment can be committed by a woman against a man, a man against a woman, or by members of the same gender against one another.
11. Employees sometimes do not realize when they are crossing the line between being friendly or humorous and engaging in sexual harassment.

Sexual harassment does not refer to generally acceptable, pleasant, friendly, or even mildly flirtatious interactions, so long as no reasonable person would be offended by such behavior.

Employees should ask themselves, however, whether remarks or statements with a sexual content are, in fact, necessary for the performance or their jobs or to provide instruction to a subordinate employee.  If such remarks are unnecessary, employees should refrain from making them.

3. Any employee who is told by a co-worker that his or her behavior is offensive, should make every effort to refrain from repeating the complained of actions. If the employee does not believe that the behavior in question would be offensive to a reasonable person, the employee should consult his or her supervisor or the EEO Officer.
4. Sexual harassment prohibited

The Board neither condones nor tolerates sexual harassment in the workplace, whether committed by supervisory or non-supervisory employees.  No Board employee is permitted to imply or threaten that cooperation with or refusal of advances of a sexual nature will have an effect on an individual’s status, advancement, assignment, career development, compensation or another condition of employment or appointments.

1. Notification of policy

The Superintendent (Appointing Authority) has communicated and delegated the responsibility for administration and compliance with this policy to all levels of management.  Supervisors and other management employees will ensure that all employees are aware of the policy against sexual harassment and that employees are aware of the procedures for reporting, investigation, and obtaining remedial action.

All new employees receive Sexual Harassment training during orientation and HR reviews the policy with new employees at that time.

1. Supervisor’s responsibilities

Any supervisor or management employee who observes any behavior that could be interpreted as sexual harassment is responsible for taking immediate action to stop the behavior and to report the incident to the Superintendent and/or the EEO Officer.

1. Complaint investigation
2. An employee who believes that he or she is a victim of sexual harassment may contact any supervisory employee, whether or not the supervisor is in the employee’s department or agency, and/or the EEO Officer to file a formal complaint. Upon receipt of such complaint, a supervisor or EEO Officer must immediately (within one business day) notify the Superintendent or his or her Designee.  The Superintendent will immediately (by end of the following business day) order a thorough investigation of the complaint and, if the complaint is valid, take necessary steps to halt the harassing behavior.

The Superintendent reserves the right to take a reasonable time to complete the investigation once it has begun.

In the interest of maintaining confidentiality to the extent possible, the EEO Officer will conduct the investigation.  If the EEO Officer is unavailable, the Officer will assign the conduct of the investigation to a responsible member of the Superintendent’s staff.

2. If the Superintendent is the subject of a complaint, the County Prosecutor will conduct the investigation.
3. Upon being advised, either orally or in writing, of a complaint of sexual harassment, the Superintendent (or other appropriate individual, as identified in #2 above) will investigate as follows:
4. The employee will be required to document the complaint either in writing or on audio tape. The report will include a factual description of the incident(s) which the employee considers to constitute harassment.
5. If the investigator, after a discussion with the complainant and such witnesses as the investigator deems necessary, finds that the complaint is credible and may constitute sexual harassment, the alleged offender will be required to meet with the Superintendent/Designee to be advised of the complaint, and be given an opportunity to respond.
6. If, at the conclusion of that discussion, the investigator has reason to believe the reported acts did occur and did constitute sexual harassment, that finding will be reported in the investigator’s final report to the Superintendent. After investigation, all complaints will receive a final report, even those deemed without merit.
7. If the Superintendent has reason to believe that the reported acts did occur and did constitute prohibited sexual harassment, the employee will be advised that such conduct is improper and in violation of federal and state law and that the employee is subject to disciplinary action, up to and including discharge.
8. The Superintendent will thereafter take appropriate disciplinary action. The Superintendent/Designee will continue to monitor the behavior of the harassing employee to ensure no repetition of the offensive behavior.
9. All complaints and the results of investigations will be held confidential to the extent possible.

All management staff will be routinely trained to recognize, investigate and attempt to prevent any and all circumstances of unlawful harassment.

Violations of this policy will not be tolerated. Any employee guilty of unlawful harassment will be disciplined in accordance with the policies outlined in the Clermont County Board of DD’s Board Policy.

Any employee who falsely accuses another employee of unlawful harassment will be disciplined in accordance with the policies outlined in the Clermont County Board of DD’s Board Policy.