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WOCAN is committed to maintaining an environment free of sexual harassment. In order to establish an environment typified by dignity and respect, sexual harassment of employees at WOCAN is unacceptable conduct and will not be tolerated. The possibility of sexual harassment is potentially destructive to all employees. When, through fear of reprisal, an employee submits, or is pressured to submit, to unwanted sexual attention, WOCAN’s mission is undermined.
WOCAN does recognize that sexual harassment may occur between persons of the same status and between persons of the same sex. WOCAN will not tolerate any behavior between or among employees creates an unacceptable working environment.
LAWS REGARDING SEXUAL HARASSMENT Sexual harassment is a violation of US federal and state law and WOCAN’s discrimination policy. Title IX of the 1972 Education Amendments prohibits discrimination on the basis of gender. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex, and national origin in all employment practices, including conditions of employment. Federal Courts have ruled that sexual harassment of employees constitutes unlawful sexual discrimination and is therefore a violation of Title VII.
Under the US Civil Rights Act, employers and supervisors are required by law to investigate claims of sexual harassment and to develop appropriate preventative measures and discipline for such behavior. Supervisors are also responsible for acting upon information that comes to their attention, and have a responsibility to act on information they could reasonably have been expected to know.
This policy applies to all employees, consultants and Core Associates.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
Sexual harassment encompasses any unwanted sexual attention. Examples include, but are not limited to:
Consensual relationships are defined as sexual relationships between two people where one employee is in a supervisory position over the other. A supervisor who engages in consensual relationships may be liable for formal disciplinary action and will be held accountable for unprofessional behavior. Moreover, other staff can be affected by such behavior as it possibly places the staff member in a position of favor at the expense of others and implicitly makes obtaining benefits contingent on sexual favors. A supervisor who is not in a supervisory position over an employee must be aware of the possibility that they may be placed in a supervisory position over the employee with whom they have a consensual relationship.
Employees are encouraged to notify the alleged offender that his/her behavior is offensive and unwelcome. Note: Failure to do so will not preclude filing a complaint.
All staff must immediately report all alleged incidents of sexual harassment. Sexual harassment complaints may be filed through the informal complaint procedure or the Formal Complaint Procedure.
The intent of this procedure is to resolve problems without the use of formal internal procedures or external adjudicative procedures. This procedure should resolve misunderstandings and/or communication problems, as well as encourage reporting. At this stage, emphasis will be placed on eliminating any behavior that violates this policy. The complainant has the option to bring a complaint in person or have any other employee act on the complainant’s behalf to the WOCAN Executive Director. A complaint must be filed within 15 calendar days, or sooner, of the occurrence of the harassing behavior.
Every reasonable effort will be made to privacy and to protect complainants from reprisals. If the complainant wishes to be identified to the alleged offender and wants to try and resolve the problem informally, the Executive Director will participate in discussions with the parties, either jointly or individually.
A formal complaint must be filed within 15 calendar days, or sooner, of the occurrence of the harassing behavior or within working days of the completion of the informal process, whichever is later. All formal complaints must be in writing and submitted to the Executive Director.
A representative in any discussions relating to a formal complaint may accompany the complainant.
A formal written complaint must specify the nature of the charge. Dates and times of specific incidents, names of witnesses, and any evidence that support the allegation should be included in the charge. The complaint must be signed by the complainant and dated.
The Executive Director will act within 10 working days. If the complaint has merit, the Executive Director will impose appropriate disciplinary measures.
Disciplinary measures for employees who violate this policy shall include counseling, oral reprimand, written reprimand, reassignment, suspension (with or without pay), termination, or referral to the criminal justice system.
If either party has information that was not known during the investigation, they can present an appeal of the decision of the Executive Director whose decision is final and binding.
All complaints will be investigated. All parties will be kept informed of the steps taken during the investigation.
All reasonable action will be taken to ensure that the complainant and those testifying on behalf of, or supporting the complainant in other ways will not suffer retaliation. Steps to avoid retaliation include:
The Executive Director may take immediate action against an employee when it is reasonably certain that sexual harassment has occurred and that serious and immediate harm could ensue if the person continues to interact with the complainant.
This policy shall not be used to bring frivolous or malicious charges against fellow employees. The Executive Director with take immediate disciplinary action shall be taken against any person intentionally bringing a false charge of sexual harassment.
It is a violation of this policy for any employee to take reprisals against any complainant, witness or complainant supporter. Threats, intimidation, and/or retaliation against the complainant or any other involved party may be cause for disciplinary action.
After the investigation, both parties will be informed in writing of the decision within 15 days.
To the extent possible, the investigation will protect the confidentiality of the complainant, the alleged offender and all witnesses. All involved parties will be instructed to maintain strict confidentiality, for the entire process to safeguard the privacy and reputation of all involved.