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
2.Complaint Resolution Procedures
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:
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:
(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
(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
(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: 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.
(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.
(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.
(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.
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
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.