July 31, 1987 

TO:                       All Employees 

SUBJECT:          City of Maumee Policy Statement on Sexual Harassment 

The City of Maumee as part of its continuing affirmative action efforts and pursuant to the guidelines on sex discrimination issued by the Equal Employment Opportunity Commission, fully supports legislation to protect and safeguard the rights and opportunities of all people to seek, obtain and hold employment without subjugation to sexual harassment or discrimination of any kind in the workplace.  It is the policy of the City of Maumee to provide an environment free of sexual harassment. 

Sexual harassment is a violation of Title VII of the Civil Rights Acts of 1964 and it is against the policies of the City of Maumee for any employee, male or female, to sexually harass another employee by: 

            (a)        making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of an employee's employment, or 

            (b)        making submission to or rejections of such conduct the basis for employment decisions affecting the employee, or 

            (c)        creating an intimidating, hostile or offensive working environment by such conduct which unreasonably interferes with an employee's job performance. 

Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature.  It refers to behavior that is not welcome, that is personally offensive, that fails to respect the rights of others, that lowers morale and that, therefore, interferes with our work effectiveness.  Sexual harassment may take different forms.  One specific form is the demand for sexual favors.  Other forms of harassment include: 

Verbal          Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, threats. 

Non-verbal Sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds, leering, whistling, obscene gestures. 

Physical       Unwanted physical contact, including touching, pinching, brushing the body, coerced sexual intercourse, assault. 

Sexual harassment may be overt or subtle.  Some behavior which is appropriate in a social setting may not be appropriate in the workplace.  But whatever form it takes, verbal, non-verbal or physical, sexual harassment can be insulting and demeaning to the recipient and cannot be tolerated in the workplace. 

Sexual harassment by any employee, department head, or supervisor, will not be tolerated.  All employees, supervisors and non-supervisors alike, will be expected to comply with this policy and take appropriate measures to ensure that such conduct does not occur.  Appropriate disciplinary action will be taken against any employee who violates this policy against sexual harassment.  Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension, or termination. 

Sexual Harassment Complaint Procedure 

1.         Any employee who believes he or she has been the subject of sexual harassment should report the alleged act immediately to his or her supervisor, department head, or the Administrator. 

2.         If a complaint involves a department head or supervisor, the complaint shall be filed directly with the Administrator or the City Solicitor. 

3.         All complaints will be handled in a timely and confidential manner.  In no event will information concerning a complaint be released by the City to third parties or to anyone within the City who is not involved with the investigation.  Nor will anyone involved be permitted to discuss the subject outside the investigation.  The purpose of this provision is to protect the confidentiality of the employee who files a complaint, to encourage the reporting of any incidents of sexual harassment, and to protect the reputation of any employee wrongfully charged with sexual harassment. 

4.         Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses.  Employees shall be guaranteed an impartial and fair hearing.  All employees shall be protected from coercion, intimidation, retaliation, interference or discrimination for filing a complaint or assisting in an investigation. 

5.         If the investigation reveals that the complaint is valid, prompt attention and disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken. 

The City recognizes that the question of whether a particular action or incident is a purely personal, social relationship without a discriminatory employment effect requires a factual determination based on all facts in the matter.  Given the nature of this type of discrimination, the City recognizes also that false accusations of sexual harassment can have serious effects on innocent individuals.  It is hoped that all employees of the City will continue to act responsibly to establish and maintain a pleasant working environment, free of discrimination, for all. 

                                                                                    Sincerely 

                                                                                    Richard A. Krieger, Administrator