307 Sexual Harassment (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER:
GENERAL ORDER May 15, 2008 307
SUBJECT: REVISION DATE SECTION:
Sexual Harassment May 15, 2008 Yellow
I. PURPOSE
To formulate a policy within the Police Department to conform with
State and Federal laws concerning the issue of sexual harassment.
II. POLICY
A. It is the right of every individual to work in an environment
which is free of pressures from fellow employees in the form of
sexual related comments, conversations, etc.
B. It is the right of all citizens to obtain public services provided by
the Police Department without being subjected to sexual
harassment as defined in Minnesota Statutes § 363A.03 Subd.
43.
C. It is the intent of the Police Department to maintain a sexual
harassment free work place by providing all employees with
guidelines on what constitutes sexual harassment and by taking
swift positive disciplinary steps against those who are found to
be in violation of the policy.
D. It is the intent of the Police Department to provide specific
procedures to report sexual harassment occurrences in a
non-threatening manner and to provide a procedure to investigate
and discipline those who are found to be guilty of sexual
harassment violations.
III. REFERENCES
Section 703 of Title VII of the Civil Rights Act of 1964 as amended.
Minnesota Statutes § 363A
Minnesota Human Rights Act
General Order 304 Internal Investigations
IV. DEFINITIONS
Sexual Harassment
Includes unwelcome sexual advances, requests for sexual favors, sexually
motivated physical contact or other verbal or physical conduct or communication
of a sexual nature when:
A. Submission to that conduct or communication is made a term or condition,
either explicitly or implicitly, of obtaining employment, public
accommodations or public services, education, or housing;
B. Submission to or rejection of that conduct or communication by an
individual is used as a factor in decisions affecting that individual's
employment, public accommodations or public services, education, or
housing; or
C. That conduct or communication has the purpose or effect of substantially
interfering with an individual's employment, public accommodations or
public services, education, or housing, or creating an intimidating, hostile,
or offensive employment, public accommodations, public services,
educational, or housing environment.
Member
All voluntary and compensated personnel of the Police Department.
Receiving Agent
A Division Commander of the Police Department or the City Human
Resources Director.
V. REPORT PROCEDURES
A. Any reports made to any member of the Police Department by
the public concerning alleged sexual harassment by any other
member will be forwarded to the Division Commander.
1. Upon receipt of the complaint the Division Commander
will evaluate the complaint as to whether the action
constitutes sexual harassment.
2. If the Division Commander does not feel that the
complaint includes the necessary criteria to be considered
sexual harassment, the commander will so advise the
complainant.
3. If the complaint is deemed to be valid the procedures
proscribed by General Order 304 Internal Investigation
will be followed.
B. Any member who is the victim of sexual harassment from any
other member of the Police Department, or any City employee or
volunteer may initiate their complaint with a receiving agent.
1. Upon receipt of the complaint the receiving agent will
evaluate the complaint as to whether the action
constitutes sexual harassment.
2. If the receiving agent does not feel that the complaint
includes the necessary criteria to be considered sexual
harassment, the agent will so advise the complainant.
3. If the complaint is deemed to be valid the receiving agent
will submit a written report of the complaint which will
include the names of all involved including the witnesses
and the alleged violation to the Public Safety Director.
a. If the complaint involves sexual harassment by a
member of the Police Department the procedures
proscribed by General Order 304 Internal
Investigation will be followed.
C. The Public Safety Director shall be advised of all complaints and
all conclusions will be subject to the Public Safety Director's final
review.