Prior to the adoption of 3-1 on 11/13/2001, Policy 3-1 read as follows.

BACKGROUND: The City Council and the City Manager have had a long term position against sexual harassment. A recent Supreme Court decision and EEOC Guidelines have made it clear that Employers should establish written policies and procedures concerning this subject.

The sexual harassment of any employee of the City of Lawton by any other employee or non-employee is demeaning to both the victim of the harassment and to the City. It can result in high turnover, absenteeism, low morale, and uncomfortable work environment. Some forms of sexual harassment, including certain kinds of unwelcome physical contact, may also be criminal offenses. The City will not tolerate the sexual harassment of any of its employees, and will take immediate, positive steps to stop it when it occurs.

Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964. In some cases it has been found to be a violation of the victims U.S. Constitutional rights. In Oklahoma it has been held to be a violation of state statutory and common law. Successful sexual harassment suits are common and almost always result in money being awarded the victim. Even in sexual harassment suits in which municipalities are successful, the costs of defense are extremely high.

Sexual harassment is unwelcome conduct in the form of pinching, grabbing, patting, propositioning; making either explicit or implied job threats or promises in return for submission to sexual favors; making inappropriate sex-oriented comments on appearance, including dress or physical features; telling embracing sex-oriented stories; displaying sexually explicit or pornographic material, no matter how it is displayed; or sexual assaults on the job by supervisors, fellow employees or on occasion, non-employees; providing that any of the foregoing unwelcome conduct affects employment decision, makes the job environment hostile, distracting, or unreasonably interferes with work performance.

The definition of sexual harassment includes conduct directed by men toward women, conduct directed by men toward men, conduct directed by women toward men, and conduct directed by women toward women.

This sexual harassment policy applies to all officers and employees of the City of Lawton, including, but not limited to, full and part-time employees, elected officials, permanent and temporary employees, employees covered or exempted from personnel rules or regulations, and employees working under contract for the City.

This policy will be distributed to all employees of the City. Every new employee will be required to acknowledge his or her receipt of this policy. A copy of that acknowledgment shall be kept on permanent file in the Personnel Department. Department heads and supervisors shall also be responsible for insuring that all employees under their direction are familiar with this policy.

Any employee who feels he or she is being subjected to sexual harassment should immediately contact one of the persons below with whom the employee feels the most comfortable. Complaints may be made orally or in writing to:

Employees have the right to circumvent the employee chain of command in selecting which person to whom to make a complaint of sexual harassment.

Regardless of to which of the above persons the employee makes a complaint of sexual harassment, the employee should be prepared to provide the following information:

3. The specific nature of the sexual harassment, how long it has gone on, and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against you as a result of the harassment, or any other threats made against you as a result of the harassment.

The City Manager is the person designated by the City to be the investigator of complaints of sexual harassment. The City Manager may delegate the investigation to another City employee at this discretion. In the event the sexual harassment complaint is against the City Manager, the investigator shall be the Mayor.

When an allegation of sexual harassment is made by an employee, the person to whom the complaint is made shall immediately prepare a report of the complaint according to the preceding section and submit it to the City Manager, or in the event the sexual harassment complaint is against the City Manager, to the Mayor.

The investigator shall make and keep a confidential written record of the investigation, including notes of verbal responses made to the investigator by the person complaining of sexual harassment, witnesses interviewed during the investigation, the person against whom the complaint of sexual was made, and any other person contacted by the investigator in connection with the investigation. The notes shall be made at The time the verbal interview is in progress.

Based upon the report the City Manager shall, within a reasonable time, determine whether the conduct of the person against whom a complaint of sexual harassment has been made constitutes sexual harassment. In making that determination, the City Manager shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question, the context in which the conduct, if any, occurred, and the conduct of the person complaining of sexual harassment. The determination of whether sexual harassment occurred will be made on a case-by-case basis.

If the City Manager determines that the complaint of sexual harassment is founded, he shall take immediate and appropriate disciplinary action against the employee guilty of sexual harassment, consistent with his authority under the municipal charter, ordinances, rules or regulations pertaining to employee discipline.

The disciplinary action shall be consistent with the nature and severity of the offense, the rank of the employee, and any other factors the City Manager believes relate to fair and efficient administration of the City, including, but not limited to, the effect of the offense on employee morale, public perception of the offense, and the light in which it casts the City. The disciplinary action may include demotion, suspension, dismissal, warning or reprimand. A determination of the level of disciplinary action shall also be made on a case-by-case basis.

In all events, an employee found guilty of sexual harassment shall be warned not to retaliate in any way against the person making the complaint of sexual harassment, witnesses or any other person connected with the investigation of the complaint of sexual harassment.

Upon receipt of a report on the investigation of a complaint of sexual harassment against the City Manager, the Mayor shall present the report to the City Council in executive session. If the City Council determines that the complaint of sexual harassment is founded, it may discipline the City Manager consistent with its authority under the municipal charter, ordinances, resolutions or rules governing discipline of the City Manager.

The City Council may discipline an elected official in whatever manner it deems appropriate, consistent with its authority under state law, the municipal charter, ordinances, resolutions or other rules governing discipline of elected officials.

In cases of sexual harassment committed by a non-employee against a City employee in the work place, the City Manager shall take all lawful steps to insure that the sexual harassment is brought to an immediate end.

Employees are not only encouraged to report instances of sexual harassment, they are obligated to report instances of sexual harassment. Sexual harassment exposes the City to liability, and a part of each employees job is to reduce the Citys exposure to liability.

Employees are obligated to cooperate in every investigation of sexual harassment, including, but not necessarilyy limited to, coming forward with evidence, both favorable and unfavorable, to a person accused of sexual harassment, fully and truthfully making a written report or verbally answering questions when required to do so by an investigator during the course of an investigation of sexual harassment.

Disciplinary action may also be taken against any employee who fails to report instances of sexual harassment, or who fails or refuses to cooperate in the investigation of a complaint of sexual harassment, or who files a complaint of sexual harassment in bad faith.

Every precaution will be made to keep reports and complaints of sexual harassment confidential, but the City is obligated to comply with the provisions of the Oklahoma Open Records Act, which may make some of the collected data subject to public review. The City will do everything within the bounds of the law to protect this information. However, punishment in excess of 10 days suspension will allow the complainant to appear before the Personnel Board, which is an open meeting. Furthermore, employees operating under an employment contract should consider the relevant grievance procedures.

RESCISSION: This policy became effective February 14, 1989. This version updates the format and assigns a new number to Council Policy No. 50.