MO 2000-041 to 2000-045 - Laserfiche WebLink

Home

party - all evidence should be investigated.) b. Have there been similar complaints made against the accused person? (Complaints made many years ago, even beyond what could be considered for discipline, should be looked into and may be considered for purposes of corroborating the complaint this time. E.g. Sexual harassers are usually recidivists and there is often evidence that a harasser has engaged in similar conduct in the past). C. Personality conflicts or friction between the two individuals does not, in and of itself, mean that anything improper occurred or that there was an improper motive or retaliation. However, such evidence should be considered. d. Has there been a violation of the City Sexual Harassment/Discrimination policy? (The investigator should look to see is there are violations of the policy, rather than whether the evidence would support a civil or criminal action). 12. When the Employee Denies The Allegations of Misconduct/Evidence of Misconduct is Inconclusive: If the accused employee denies the allegations of misconduct and there is no evidence to substantiate the complaint one way or the other, the Department should do the following: a. Advise the accused employee that if the alleged conduct had occurred, it would be a violation of City policy and would subject him/her to serious discipline, up to and including termination. b. Advise the accused employee that any retaliation against the complaining party is strictly prohibited and may result in disciplinary action, up to and including, termination. C. Advise the accused employee that a copy of the written complaint and the entire investigatory report with the ultimate determination will kept in a separate file by the Human Resources Department. d. Even if the charges cannot be sustained, the Department should take whatever action it can to reduce the chance of the alleged misconduct from occurring again (for example, changing shifts, assignments, supervisors, etc.) e. Advise the complaining party that the Department was unable to conclusively determine that the allegations occurred, however, a copy of the complaint and the disposition will be kept by the Human Resources Department and management will be alert to the problem. The complaining party should be told of any corrective action the Department will make to reduce the chance of the incident happening again. The employee should be told to immediately report any further incidents of sexual harassment or retaliation. 13. If Evidence of Harassment Is Found: If the accused employee admits to the misconduct, and/or other evidence in the investigation reveals that the Sexual Harassment/Discrimination Policy was violated, the Department should do the following: a. If the accused employee admits to the misconduct, advise him or her that the conduct must stop immediately and take whatever corrective action is needed to �2 aO