A. Statement of Policy:

Sexual harassment constitutes unlawful discrimination on the basis of sex, and will not be tolerated by the General Administration. Any employee engaging in such conduct will be appropriately disciplined; this discipline may include dismissal. In addition, any act of retaliation, interference or coercion against an employee for using this policy and its procedures is also a violation of this mandate and requires appropriate discipline.

Sexual Harassment is defined as follows: unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature which may arise in one of the three following circumstances:

1. submission to the sexual request or conduct is made either explicitly or implicitly a term or condition of employment;
2. submission or rejection of the sexual request or conduct is used as the basis for an employment decision; or
3. the sexual request or conduct has the purpose or effect of unreasonably interfering with an employee's work or creating an intimidating, hostile or offensive environment.

This policy will not be used to bring baseless or malicious charges. Such unfounded charges may subject the complaining party to disciplinary action.

B. Statement of Procedures:

1. On an annual basis, the AA Director shall send a copy of this policy to all employees.
2. During affirmative action/equal employment opportunity training sessions, with supervisors or staff employees, the AA Director shall review this policy and its procedures; separate training sessions concerning this policy and its procedures may be conducted whenever circumstances indicate such training sessions may be helpful in the effort to eradicate sexual harassment.
   Sexual harassment training for supervisors shall cover the following: the sexual harassment policy, state and federal laws, the definition and identification of sexual harassment, grievance procedures, corrective steps, and supervisory responsibilities.
   Sexual harassment training for employees shall cover the following: the sexual harassment policy, state and federal laws, the definition and identification of sexual harassment, employee rights, and grievance procedures.
3. This policy shall be posted with other equal employment opportunity affirmative action notices on appropriate bulletin boards and in applicable written documents. Such notices shall include the following procedural steps or specify where they may be reviewed by all employees.
4. If an employee in an administrative or supervisory position has knowledge of conduct which constitutes sexual harassment or receives a complaint of sexual harassment that involves an employee, this official should take appropriate action. If the alleged misconduct does not involve employees in the supervisor's administrative unit or, if the alleged misconduct involves the employer's immediate supervisor, then the complaint should be referred to the AA Director for assignment to the appropriate supervisor for investigation. In investigating complaints of sexual harassment, officials should follow these procedural steps:
   1. promptly review the facts alleged to determine whether the alleged conduct actually constitutes sexual harassment;
   2. consult with the AA Director to determine whether the allegations are similar to previously filed complaints;
   3. meet separately with the alleged victim and the alleged harasser to review their understanding of this policy and to understand their positions concerning the alleged misconduct or the complaint;
   4. attempt to resolve the complaint through mediation and negotiation with the involved parties. Measures that may be recommended include: warnings to the harasser, apologies from the harasser to the victim, promises by the harasser not to commit such misconduct again and remedial steps directed toward correcting employment decisions or conditions that were affected by the misconduct;
   5. prepare a report of the incident including names of the parties involved and the conduct at issue, any attempted resolution, and the outcome of the efforts to resolve the matter;
   6. submit the report to the AA Director who will maintain all such records in a confidential file;
   7. submit copies of the report to the complaining employee and the accused employee, and the appropriate supervisor;
   8. if both parties and the appropriate supervisor accept the recommendation, it shall be implemented.

   If either the complaining employee or the accused employee is not satisfied with the resolution recommended at the end of the informal process described above, that person may file a formal complaint under the appropriate SPA or EPA grievance procedure.

5. When the facts indicate that some immediate steps may be helpful to the resolution of the complaint, the appropriate supervisor may implement these interim measures. Such actions shall not, however, be considered as evidence for or against the complainant or the accused employee.