SEXUAL HARASSMENT POLICY

MANUAL

 

FOR

 

ROCKHAM 5G

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

Title VII, Civil Rights Act of 1964

 

Sexual Harassment Policy Manual

Table of Contents

 

 

 I.             Objective

 

 II.           Background and Types of Sexual Harassment

 

 III.         Sexual Harassment Definition

 

 IV.         Additional Definitions

 

 V.           Prevention

 

 VI.         Sexual Harassment Complaint

 

 VII.       Complaint Procedures

 

 VIII.     Documentation

 

 IX.         Resolution

 

 X.           Return to Work: Alleged Victim, Complainant and Others

 

 XI.         Return to Work: Alleged Harasser

 

 XII.       Conclusion


 

 I.    Objective

 

 A.   The objective of the Rockham 5G Sexual Harassment Policy Manual is to define sexual harassment, prevent sexual harassment from occurring, train employees concerning sexual harassment, provide investigative procedures to follow, establish disciplinary guidelines and ensure sexual harassment victims return to a safe and positive work environment after an investigation. A copy of this policy is always available at  www.rockham.com/Statement_of_Sexual_Harassment_Policy.htm.  

 

 

 II.  Background and Types of Sexual Harassment

 

 A.   Sexual harassment is considered a form of sexual discrimination by Title VII of the Civil Rights Act of 1964.  The Equal Employment Opportunities Commission (EEOC) enforces this act and has mandated that all companies (including Rockham 5G) have a legal responsibility to provide their employees with a harassment-free workplace.  Sexual harassment and discrimination are illegal and endanger the environment of tolerance, civility, and mutual respect that must prevail if Rockham 5G is to fulfill its mission.  Rockham 5G is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the workplace.  Towards this end, all employees of the company must understand that sexual harassment, sexual discrimination, and sexual exploitation of professional relationships violate the companyÕs policy and will not be tolerated.  Rockham 5G takes this responsibility very serious and has created this manual to help ensure a workplace for our employees that is harassment-free.  The company will take every step to resolve grievances promptly. Any act by the companyÕs employees of reprisal, interference, or any other form of retaliation, whether direct or indirect, against an employee for raising concerns covered by this policy is also a violation of this policy. Accordingly, members of the company are prohibited from acts of reprisal against individuals who bring complaints or are involved as witnesses in any action connected with this policy.

 

 B.   Applicability
This policy applies to all applicants for employment and employees.

 

 C.   Sexual harassment victims can be female or male and harassment can occur between individuals of the opposite sex or between individuals of the same sex.  While sexual harassment most often takes place in situations where there is a difference in authority or power, other forms of sexual harassment do occur.  Rockham 5G recognizes the following types of sexual harassment.

 

 i.    Quid Pro Quo

Quid Pro Quo harassment occurs when sexual advances are demanded of an employee in exchange for some employment benefit such as pay increases, promotion, hiring, or continued employment.  This type of behavior if proven true will be considered sexual harassment on the first occurrence by Rockham 5G.

 

 ii.  Hostile Work Environment

An intimidating or hostile work environment is considered sexual harassment when employees are subjected to behavior of a sexual nature or that could be considered as such by a reasonable person.  While this behavior will not always constitute sexual harassment on the first occurrence, Rockham 5G will not tolerate such behavior.

 

 

 III.                  Sexual Harassment Definition

 

 A.   For the purpose of this policy, sexual harassment is defined as any threatening or unwelcome attention, either verbal or physical behavior of a sexual nature, in the workplace that a reasonable person would interpret as harassment of a sexual nature, when:

 

 i.    Submission to such conduct is made or threatened to be made explicitly or implicitly a term or condition of employment

 

 ii.  Submission to or rejection of such conduct is used or threatened to be used as a basis for an employment decision.

 

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

 

 B.   Behavior that may be considered  evidence of sexual harassment includes, but is not limited to, the following:

 

 i.    Staring or leering in a suggestive manner.

 

 ii.  Making offensive remarks about someone's looks, clothing and/or body.

 

 iii.Touching, pinching, patting and brushing against someone in a manner that creates an uncomfortable feeling.

 

 iv.  Telling sexual or offensive jokes or making sexual gestures.

 

 v.    Displaying sexually related material such as posters or calendars.

 

 vi.  Sending sexually related material via email, letters or notes.

 

 

 IV.       Additional Definitions

 

 A.   The following definitions will be used by Rockham 5G and The Investigator for the purpose of this manual and any actions brought about from an alleged incident.

 

 i.    Alleged Victim:  A person who allegedly has been harassed in violation of this policy

 

 ii.  Complainant:  The person who brings a complaint of violation of this policy.  This person may be the alleged victim, a coworker, or other persons.

 

 iii.Alleged Harasser:  The person accused of violating this policy

 

 iv.  Investigator:  The person assigned the responsibilities of conducting/leading an investigation of alleged sexual harassment.

 

 v.    Specific and Credible Allegations:  Allegations that provide factual details such as, but not limited to:

á       Time

á       Place

á       Actions

á       Participants

á       Witnesses

 

Allegations do not have to be based on first-hand observation of events to be Òspecific and credible,Ó but direct observation usually provides better details than indirect knowledge.

 

 

 V.  Prevention

 

 A.   Prevention is the best tool to eliminate sexual harassment in the workplace. Rockham 5G  is committed to providing a harassment-free workplace for all employees.  Rockham 5G strictly forbids sexual harassment under this policy.  The following guidelines are expected to be adhered to by all employees.

 

á       Avoid any type of sexual behavior in the workplace

á       Do not hang, post, or bring to work any pornographic material.  This would include posters, pictures, magazines, cartoons, letters, books or other such items.

á       Keep conversations clean. Avoid vulgar language, talk about sex, explicit jokes, sexual innuendos, sexist remarks, commenting on co-workerÕs appearances and cuss words in your conversations.

á       Keep your actions above reproach.  Web sites and emails you view should be clean.  Offensive hand gestures should not be made even if between friends.  DonÕt ÔlookÕ at a co-worker in an inappropriate manner.

á       Avoid all physical contact.  There should never be any pinching, patting or fondling.  Other contact such as hugging, rubbing, brushing, touching or kissing should also be avoided.

á       Avoid romantic relationships at work.  Affectionate behaviors between employees may be offensive to others and could be construed as sexual harassment if it occurs frequently.

á       Company dress code must be followed by all employees.  View policy in the Rockham Employee Handbook.

 

 VI.       Sexual Harassment Complaint

 

 A.    In determining whether alleged conduct is sexual harassment, the Investigative Team will consider all available evidence and the circumstances and context under which the alleged incident occurred.  Although repeated incidents generally create a stronger claim of sexual harassment, a single serious incident can be sufficient.  Rockham 5G  treats each incident confidentially on a case-by-case basis, ensures everyoneÕs privacy is protected and ensures that employees will also be treated lawfully.

 

 B.   Sexual harassment could be perpetrated by immediate supervisors, agents of the employer, supervisors in other areas, co-workers, or non-employees.  An employee who wishes to complain of sexual harassment by another employee must initially communicate the facts of the complaint to the supervisor most directly concerned, excluding the person accused.  The complaint may be initially communicated orally, but it must be presented in writing before any review or other action takes place.

 

Complaints must state specific and credible allegations to warrant an investigation.  Complainant generally has only 180 days after alleged incident to file a complaint.  It may become more difficult to prove the allegations after significant time has passed and therefore prompt reporting is encouraged.

 

 C.   When deciding whether to investigate a complaint, Rockham 5G will consider the desires of the victim but may initiate an investigation without the victim's consent if circumstances warrant such actions.

 

 

 VII.               Complaint Procedures

 

 A.   If an employee feels victimized, they should take quick action to get the problem resolved. Rockham 5G has developed the following procedures to be used in handling an alleged sexual harassment case.

 

 i.    Employee should record all information about the incident as soon as possible.  Record the date, time, who was involved, names of any witnesses, and full details of the alleged harassment.

 

 ii.  Alleged victim should inform the alleged harasser that they were offended and that they expect the behavior to stop immediately.  Many times this will correct the situation, especially if the behavior was unintentional.

 

 iii.If after the alleged harasser is told of the offending behavior and the alleged victim feels the situation is resolved, no further action is necessary.  However, all documentation of the incident should be kept in case any future incidents happen.

 

 B.   If not satisfied with the alleged harasser's actions or another incident occurs, the alleged victim should report to supervisor most directly concerned, or to Janice Brendlinger in Human Resources.  A copy of the written documentation should also be provided at this time.

 

 i.    The person receiving the complaint must do the following things:

a.       Advise the complainant of the meaning and importance of this policy, the seriousness of the complaint, the penalties for making improper complaints, and the companyÕs commitment to prevent retaliation.

b.       Make written notes of the allegations.

c.        Explain the options for handling the complaint, and explain that the complaint must be submitted in writing before any review or other action takes place.

d.       Advise the complainant of the companyÕs policy on confidentiality.

                      ii.        Complaints may be resolved through either informal or formal processes as described below. Informal means are encouraged as the beginning point, but the choice of where to begin rests with the complainant. Additionally, a complainant may elect to withdraw a complaint at any time; however, because all egregious acts must be investigated, the company reserves the right to investigate all complaints where necessary to protect the interests of the company.

a.     Informal Resolution Options

1.     Individual Resolution

The complainant may attempt to resolve the matter directly with the accused individual and report back to the official receiving the complaint within a mutually agreed time.

2.     Mediation

The complainant may request that an attempt be made to resolve the complaint through mediation. If such a request is made, the official receiving the complaint shall determine whether the accused is willing to engage in mediation, and, if so, a mediator shall be selected by mutual agreement of the complainant and the accused. The role of the mediator is to facilitate discussion and to suggest alternative resolutions. The mediator does not investigate the complaint or assign blame. The mediator will report the outcome of the process to the official receiving the complaint.

3.     Reporting the Outcome of Informal Resolution

The official receiving the complaint will notify the Chief Operating Officer in writing of the outcome of the informal resolution process.

b.     Formal Resolution Options

1.     Administrative Investigation and Resolution

The complainant may request that the complaint be administratively investigated and resolved. Because all egregious acts must be investigated, even in the absence of such a request, the official receiving the complaint may initiate an administrative investigation if, after consultation with the Chief Operating Officer, an investigation is deemed necessary to protect the interests of the company. If the accused is an employee, the investigation will be conducted by the accused's supervisor with assistance from the official receiving the complaint:

a.       Make inquiries of those persons who may be able to verify the truth of the complaint, especially including the accused. (due regard must be given to the principles of confidentiality.) The complainant should be given advance notice of the date when the accused will be informed about the complainant's accusations.

b.       Communicate with the Chief Operating Officer to determine whether there have been other complaints of sexual harassment made to the company by the complainant or about the accused

c.        Prepare a written report of the complainant

 

 iii.Rockham 5G  will initiate an investigation immediately.  The Investigative Team will conduct an interview with the alleged victim within 3 business days.  All details will be discussed and written documentation will be verified against alleged victimÕs statements. The Investigator will also interview the complainant (if different than the alleged victim), the alleged harasser, and other persons who might have valuable knowledge of the incident. Names and information will be kept confidential as much as possible during this process.

 

 iv.  Investigative Team will gather as much additional information as possible to help with the final determination of the case.  Such information as time sheets, emails, expense reports, performance appraisals and disciplinary records will be used to help understand the context of the incident.

 

 

 VIII.     Documentation

 

 A.   After conducting interviews and reviewing all information, a decision will be made by  Investigative Team.  A written finding will be issued within 7 days of when the complaint was filed.  Both the alleged victim and alleged harasser will receive a copy of the findings.  Third party complainants will only be notified that the investigation is concluded.

 

 B.   The complaint will be determined to be one of the following:

 i.    Conclusive-the incident was sexual harassment

 ii.  Groundless-the incident was not sexual harassment

 iii.Inconclusive-the evidence was conflicting, no eyewitnesses were able to support the complaint and/or there was insufficient evidence to prove that harassment occurred.



 IX.   Resolution

 

 A.   If sexual harassment is shown to have occurred, disciplinary action should be proportional to the seriousness of the incident.  Disciplinary actions for violations of this policy should commensurate with the nature of the violation and the harasser's disciplinary history. Disciplinary action may lead up to and include termination of employment.  Rockham 5G believes that those who violate this policy should be responsible for their actions regardless of contributing factors such as substance abuse emotional stress or personal problems.  Disciplinary action may also include required counseling, community service, financial restitution, educational classes and/or other actions as determined by Investigative Team.

 

 B.   If the complaint proves to be unfounded or inconclusive, all parties will be reminded of Rockham 5G's policy on sexual harassment and warned of the consequences of violating the policy.  A follow-up investigation might be necessary to ensure all details and evidence pertaining to the incident was uncovered.  Investigative Team will determine the need for an additional investigation.

 

 

 X.     Return to Work: Alleged Victim, Complainants and Others

 

 A.   Alleged victim, complainant and others should expect to return to a positive, harassment-free work area.  Retaliation from alleged harasser, co-workers or the company will not be tolerated.

 

 B.   Alleged victim will be made aware of all procedures and protective measures taken during the investigation.

 

 C.   Throughout the investigation procedures, resolution period and afterwards, any and all appropriate measures will be taken to protect the alleged victim, complainant and others from harm caused by the alleged harasser's behavior.

 

 

 XI.   Return to Work:  Alleged Harasser

 

 A.   This policy cannot be used to bring false charges.  Anyone filing a false complaint under this policy will be subject to disciplinary action up to and including termination of employment.

 

 B.   If the complaint is determined to be unfounded, all necessary steps will be taken to ensure alleged harassers reputation is restored and that he/she returns to a positive, harassment-free work area.

 

 

 XII.     Conclusion

 

 A.   This policy will be reviewed and revised as needed every year and is subject to review and revision at any other time as deemed necessary by The Investigator, Investigative Team, and the Human Resource Department.

 

 B.   Anyone wishing to discuss this policy, a specific incident, or other matters concerning this policy can contact the Investigator, Janice Brendlinger in the Human Resources Department or their area supervisor.  All discussions will be strictly confidential.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9/23/13