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City of Bothell Policy & Procedure
Subject: Sexual Harassment Policy

Policy 8.3
Effective Date: May 13, 1996
Approved by: Resolution 985

1.0 Purpose:

This policy is intended to set forth the City's position as it relates to sexual harassment.

2.0 Organizations Affected:

All departments/divisions.

3.0 References:

Title VII of the 1964 Civil Rights Act, as amended, and the Washington State Law Against Discrimination.

4.0 Policy:

4.1 General Policy Statement. The City of Bothell is dedicated to providing high quality, efficient delivery of municipal governmental services to our citizens and customers. In achieving this goal, the City as an employer wishes to promote the health, well-being and mutual respect of all of its employees.

Sexual harassment is detrimental to working in a positive and healthy environment. The City strives for a work environment that promotes employee safety and dignity, and that is free from personal affronts or offensive behavior.

Sexual harassment is prohibited by State and Federal Law, and by this City policy.

4.2 Definition of Sexual Harassment. Sexual harassment occurs when unwelcome verbal or written communication or physical conduct is of a sexual nature or is gender-based (that is, directed at a person because of his/her gender), and:

• is part of a manager's or supervisor's decision to hire or fire;
• is used to make other employment decisions like pay, promotion or job assignment;
• unreasonably interferes with the employee's work performance; or
• creates an intimidating, hostile or offensive working environment.

Sexual harassment by an on-duty employee toward another employee, by an on-duty employee toward a non-employee (while involved in the transaction of City business) such as City customers, Councilmembers, board members, volunteers or vendors while involved in a legitimate business transaction is covered by and subject to enforcement under this policy. An on-duty employee's conduct of a sexual nature that is observed by, and offensive to, another employee, may also constitute sexual harassment.

Sexual harassment toward an on-duty employee by a nonemployee such as City customers, Councilmembers, board members, volunteers or vendors should be reported to the supervisor or Department Head. The City will take appropriate action to protect its employees from sexual harassment by non-employees.

4.3 Other Inappropriate Conduct. Not every incident of inappropriate conduct constitutes harassment in violation of this policy. Isolated incidents of offensive conduct is not necessarily unlawful harassment. For example, random words that offend a particular employee may not be sufficient to constitute harassment. Nonetheless, if an employee is offended by such behavior it is important that s/he follow the procedures in this policy so the offensive behavior can be identified, evaluated and corrected.

4.4 Behaviors Which Can Constitute Sexual Harassment.

4.4.1 Sexual harassment can take many forms and can include:
• Verbal behaviors such as slurs, comments, jokes, innuendos, unwelcome compliments or requests for sexual favors;

• Non-verbal behavior such as cartoons, pranks, suggestive looks or leering;

• Any unwanted touching or physical behavior such as pats, squeezes, shoulder or neck rubs or brushing against someone's body.

Some specific examples of inappropriate behaviors include:

• Negative or offensive comments, jokes about another employee's gender, race or sexual orientation or sexuality;

• Obscene or lewd sexual comments, jokes, or innuendos; Slang, names or labels such as "honey," "sweetie," "boy," "girl," that others find offensive;

• Talking about or calling attention to anther employee's body or sexual (NOTE: covered in next policy) characteristics in a negative or embarrassing way;

• Laughing at, ignoring or not taking seriously an employee who experiences harassment;

• Blaming the victims of harassment for causing the problem;

• Continuing unwanted attention after a co-worker has objected to that behavior;

• Displaying nude or sexual pictures, cartoons or calendars on any City property.

4.5 Importance of the Problem. Sexual harassment negatively affects morale, motivation and job performance. It can affect individuals' self-image and perception of personal safety. Work-related results may include increased absenteeism, turnover, inefficiency and loss of productivity. It is inappropriate, offensive and illegal and it will not be tolerated in this organization.

4.6 Disciplinary Action.

4.6.1 Complaints of sexual harassment will be investigated promptly. Following investigation, the complainant and the accused will be notified of whether harassment was found to have occurred. An employee who is found to have harassed another employee will be disciplined.

4.6.2 Disciplinary action which may be taken include verbal and/or written reprimands, a letter of reprimand to the employee's personnel file, suspension or termination.

4.7 Questions or Concerns. Employees who have questions or concerns regarding this policy should talk with their supervisor, Department Head or Customer and Employee Resources Director

5.0 Procedures:

5.1 Employee Procedure. The City will take an affirmative role in protecting its employees from sexual harassment. Should an instance of inappropriate behavior occur, the offended employee should bring his or her concerns to the attention of management. This includes employees who think they are the recipient of harassment, as well as those who believe they have witnessed another employee being harassed.

If you believe you are being harassed or you have witnessed harassment, take action immediately:

1. Identify the offensive behavior to the harasser, if appropriate, and request that it stop; and

2. Employees must discuss their concern immediately with a non-involved supervisor, any Department Head, or Customer and Employee Resources Director.

3. Participate in the investigation about the offensive behavior. Although the City cannot assure confidentiality of employees who report incidents of inappropriate conduct, every effort will be made to protect the rights and feelings of all parties concerned.

4. If for any reason you are uncomfortable or do not wish to follow Steps 1 or 2 above, do contact the City's Employee Assistance Program at 827-1990 or 1-800-5537798.

5.2 Organizational Procedures. When a supervisor or Department Head is notified of alleged harassment, he/she will promptly advise the Customer and Employee Resources Director. The Director, jointly with the non-involved Department Head, will decide the appropriate level of the investigation for the complaint. The investigation may include interviews with the directly-involved parties, and where necessary, employees who may have observed the alleged harassment or who may also be recipients of harassment, and who may be able to share information about their experiences with the accused employee.

5.3 No employee will be retaliated against in any way for complaining of harassment. The rights of all parties must be protected, and depending upon the case, the accused may have rights to information regarding the case.

5.4 Malicious Complaints. Complaints of sexual harassment that are found, following investigation, to be contrived or willfully intended to cause harm to the accused person are a violation of this policy, and the complainant is subject to disciplinary action.