Free Sample Sexual Harassment Policy
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Sample Sexual Harassment Policy


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SUBJECT: Sexual Harassment

PURPOSE: To establish a complaint resolution policy that identifies and prevents sexual harassment and resolves such complaints in a fair and timely manner.

POLICY: It is the policy of Employer ABC to resolve complaints of sexual harassment by any employee.  Each supervisor is responsible for maintaining a workplace free of sexual harassment.  This duty includes assuring employees that they are not to tolerate insulting, degrading or exploitative sexual treatment; and that false accusations will result in disciplinary action up to and including termination.

CONTENTS:

2.  Complaint Resolution Procedures

3.  General Provisions

1.     Definition

Conduct involving unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature constitute sexual harassment when:

a.     Submission to such conduct is made either explicitly or implicitly a term or condition of employment;

b.    Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting the status of an employee; and/or

c.     Such conduct has the purpose or effect of interfering with an individual's performance or creating an intimidating, hostile or offensive environment.

2.     Complaint Resolution Procedures

Any employee who feels he/she is the victim of sexual harassment should follow these steps:

INFORMAL COMPLAINT: All complaints are informal until filed in writing.  A person who believes he/she is the victim of sexual harassment is encouraged to seek an informal resolution as follows:

STEP ONE

(1)   In circumstances where it is perceived that personal safety or employee status is not at risk, the offended individual should communicate to the offender that the behavior is unwelcome and must cease immediately.

STEP TWO

(1)   If Step One fails or is deemed inappropriate, the offended individual should report the incident(s) to the Director of Human Resources.

(2)   The Director will determine the extent of the alleged sexual harassment and if there is cause to support a sexual harassment allegation.

(3)   If the Director determines that a violation did not occur, the complainant will be advised and given a verbal explanation of the decision.

(4)   If the complainant does not agree with the decision, he/she can file a formal written complaint. 

(5)   If the Director believes sexual harassment exists, he/she will give the complainant the option to file a formal complaint or to continue with an informal resolution.

(6)   If the complainant chooses with the informal procedure, the Director will notify the alleged offender that a complaint has been filed against him/her and that the complainant wishes to seek an informal resolution.  The Director will allow the alleged offender to confirm or deny the charge.  The Director will then meet with both parties to try and reach a resolution.

(7)   If a resolution is not achieved, the charging party will be given the opportunity to file a written formal complaint.

FORMAL COMPLAINT: A formal complaint must be submitted to the Director in writing within  days of the incident and must outline the resolution sought.  Appeals must be filed within  working days of receiving a decision and each step must be completed within  working days.

STEP ONE

(1)   The Director will investigate and/or review the written complaint.

(2)   If the Director feels no sexual harassment occurred, he/she will advise the complainant in writing with reasons for his/her decision.

(3)   If the Director feels sexual harassment did occur, he/she will notify the charged party that he/she has been charged with sexual harassment and will give him/her a copy of the written charge.  The Director will give the accused party the opportunity to confirm or deny the charge in writing.  The Director will then meet with both parties to try and reach a mutually agreeable resolution.

STEP TWO

(1)   If a solution is not reached in Step One, the Director and the Vice President will meet with both parties.  The Director and Vice President will determine a resolution that will be communicated in writing to both parties.  The Vice President will instruct both parties to comply with the resolution.

STEP THREE

(1)   Either party may appeal by submitting a written statement to the CEO.  The appeal must include the basis of the appeal and the remedy sought.

(2)   The CEO will take whatever action he/she determines appropriate to resolve the complaint.  CEO’s decision is final and binding.

3.     General Provisions

a.     TIMELINES -- The Director may extend deadlines.  Extension requests must be submitted in writing at least one (1) day prior to the deadline and must include a reason for the request.

b.    TRANSFER OF FUNCTION -- If a complaint is directed against a Vice President or the Director, the person’s functions will transfer to the CEO.

c.     USE OF OTHER PROCEDURES -- If a complainant seeks resolution of the complaint in any other forum, the Employer shall have no obligation to entertain or proceed further with the complaint under this complaint procedure.

a.     RIGHT TO AN ADVISOR -- The complainant and the respondent each have the right to retain an advisor during the meeting.  The advisor may not participate in the meeting but may render advice to their client.  If either party retains an advisor, he/she shall submit the name of the advisor in writing to the Director at least forty-eight (48) hours prior to the initial meeting.

b.    RETALIATION PROHIBITED -- Under no circumstances will ABC permit retaliation against an individual in any way as a result of seeking relief under this policy.


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