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SEXUAL HARASS 10.4B TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: SEXUAL, RACIAL, ETHNIC HARASSMENT GENERAL ORDER: 10.4B EFFECTIVE: October 1, 2005 RESCINDS: G.O. 10.4A PAGES: 3 CONTENTS: This order consists of the following numbered sections: I. REPORTING SYSTEM II. CONFIDENTIALITY III. ADMINISTRATIVE REMEDIES IV. GLOSSARY PURPOSE: To affirm the department’s commitment to provide a working environment that is hospitable, cooperative, and not coercive. SCOPE: This order applies to all Police Department members. DISCUSSION: The Police Department will not tolerate conduct that creates an intimidating, hostile, or offensive working environment. The agency does not prohibit normal social interaction among members. However, unwelcome advances, requests for sexual favors, conduct of a sexual nature, or conduct that is racially or ethnically biased or insulting will not be permitted. POLICY: The Police Department will maintain effective procedures for the reporting of sexual, racial, and ethnic harassment. PROCEDURE: I. REPORTING SYSTEM: Members may address incidents of improper conduct through an informal reporting procedure. However, incidents defined, as harassment will be immediately reported to the Chief. A. Informal Reporting: A member may use the informal reporting system to report improper conduct or to help them to determine if the conduct is improper or harassment. The member may end the process if they do not wish to continue, or cease the informal process and proceed with the formal system. 1.Informal Procedure: A member may: a. Confront the offending member and request that the conduct cease. b. Discuss the improper conduct with their supervisor or another supervisor if they are not comfortable discussing the matter with their immediate supervisor or the immediate supervisor is the offending party. The supervisor will address the problem with the offender. The supervisor will check in a reasonable time to determine if the G.O. 10.4B  counseling was sufficient to end the conduct. The supervisor will refer any complaint of continuing improper conduct to the Chief. c. Discuss the improper conduct with the Human Resources Department. 2.Referral: The supervisor will direct the reporting member to the Chief if the conduct is within the definition of sexual, racial, or ethnic harassment. B. Formal Reporting: Conduct within the definition of sexual, racial, or ethnic harassment will be considered serious misconduct and may result in disciplinary action to include dismissal. The failure to report harassment may also result in disciplinary action. Reporting does not require supervisory approval. The Chief will carry out internal procedures for the immediate and thorough receipt and disposition of harassment complaints. If the offending party is in the complainant’s chain of command the complainant may then proceed to the next higher authority. C.Retaliation: No member will suffer retaliation for reporting a harassment complaint. Members may be disciplined for failing to file complaints of harassment timely, or for filing false complaints of harassment. D. Training: All members and supervisors will receive training on what constitutes sexual, racial, or ethnic harassment. II. CONFIDENTIALITY: F.S. 112.533 provides for the confidentiality of information received on a complaint filed against a law enforcement while the investigation is active. This confidentiality provision will be used to encourage the reporting of harassment incidents, while protecting the reputation of any person wrongfully accused. Agency members will not release information concerning harassment complaints except as provided for in the rules established for professional standards investigations, the general order indexed as Misconduct Investigations and Disciplinary Procedures, and F.S. 119. III. ADMINISTRATIVE REMEDIES: Any member who believes they are being harassed or has been harassed in the past should comply with the provisions of this order before seeking relief outside the agency, either in court, or before an administrative agency. IV. GLOSSARY: IMPROPER CONDUCT - Distasteful, vulgar, or profane conduct of an unprofessional nature that is not defined as sexual, racial, or ethnic harassment. RACIAL/ETHNIC HARASSMENT - Racial or ethnic associations are classified as race, religious, cultural, or national origin groups. Harassment is conduct of a racial or ethnic nature that uses slurs, derogatory statements, jokes, actions, or comments to unreasonably interfere with an individual's work, or which creates an offensive work environment. SEXUAL HARASSMENT - Conduct that includes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature. 2 G.O. 10.4B  INDEXING: ETHNIC HARASSMENT RACIAL HARASSMENT SEXUAL HARASSMENT DRAFTED: JPF/July 14, 2005/Filed: HARASS10.4A APPROVED: Pete Pitocchelli, Chief DATE: November 05, 2011 Tequesta, Florida 3