HYANNIS PUBLIC LIBRARY ASSOCIATION
401 Main Street.,
Hyannis, MA 02601
508-775-2280
I. POLICY STATEMENT
It is the goal of the Hyannis Public Library Association to maintain a working environment free from sexual harassment, inappropriate or disrespectful conduct, and communication of a sexual nature. The Library will not tolerate conduct which creates an intimidating, hostile, humiliating, or sexually offensive workplace or work environment. Sexual harassment of any Library employee, volunteer or applicant for employment by another employee, a supervisor, an officer or trustee of the Association, a vendor, a customer, or a volunteer, or a member of the public is prohibited.
I I. DEFINITIONS
A. Sexual Harassment. Sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature when: (a) submission to or árejection of such advances, requests, or conduct is made whether explicitly or implicitly a term or condition of employment or a basis for employment decisions; (b) such advances; requests, or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating, or sexually offensiVe workplace or work environment. "Sexual harassment" for the purposes of this policy shall include the definitions of sexual harassment as stated in guidelines issued by the United States Equal Employment Opportunity Commission in connection with Title VII of the Civil Rights Act of 1964 and Massachusetts General Laws, Chapter 151B, Section 1.
B. Employee. A person hired or authorized to perform work, or carry out tasks, duties or responsibilities on behalf of the Hyannis Public Library, whether or not the person receives compensation for these activities. A supervisor, department head, or officer of the Library is an employee of the Library for purposes of this policy.
C. Workplace. Any office, building, facility, indoor area, outdoor area
under control of the Hyannis Public Library Association in which any employee is expected or required to carry out the functions of his/her position.
D. Supervisor. The person, board or committee to whom an employee
reports or is responsible for the performance of his/her assigned duties on a daily basis.
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III. PROHIBITED CONDUCT, RESPONSIBILITY OF SUPERVISOR
A. No employee, supervisor, or other official shall engage in any action
toward any other Library employee which shall constitute sexual harassment under this policy. Specifically, no one shall threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will in any way adversely effect the employee's employment, evaluation, salary, advancement, assignment, scheduling, or any other condition of employment or career progress.
B. Any sexually offensive conduct by either supervisory or non-
supervisory personnel shall constitute sexual harassment and is explici tly prohibited. Such conduct may include, but is not limited, to the following:
á Unwelcome sexual advances - whether they involve physical touching or not~
á Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life~ comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess ~
¥ Displaying sexually suggestive objects, pictures, cartoons~
á Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments~
¥ Inquiries into one's sexual expenences~ and,
¥ Discussion of one's sexual activities.
All persons should take note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by the Hyannis Public Library Association.
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C. Every supervIsor or department head shall have an affirmative duty
to keep the workplace under his/her authority free from sexual harassment. Every supervisor or department head shall communicate the Library's sexual harassment policy to his/her staff and shall provide positive assurance that no employee is required to endure any form of sexual harassment.
D. No supervisor or department head in charge of a workplace shall
permit any form of sexual harassment to be directed at any employee in the workplace by any vendor, customer, members of the public or any other person present in the workplace.
IV. PROCEDURE
A. Any employee who feels that he/she has been, or is being, subject to
sexual harassment should document the incident(s) or conduct in question in detail, and report it immediately to the Sexual Harassment Officer or to the Library Director. If that is not a viable course of action, the employee may report the harassment to the Library Trustees or to the Library's attorney.
B. The person receiving the complaint of harassment shall conduct an
informal investigation into the charge. Any investigation shall be pursued with all practical discretion and confidentiality. If the conduct of another Library employee forms the basis of the complaint, the person investigating the complaint shall give the person allegedly behaving in an offensive way an opportunity to discuss the complaint prior to the conclusion of the investigation. If the person making the complaint requests that his/her role in initiating the complaint be kept confidential, the person investigating the complaint shall comply with this request if it is feasible to do so and if the rights of any person accused of offensive behavior are not compromised by such confidentiality.
C At the conclusion of the investigation, the person investigating the
complaint shall determine if the complaint appears to have merit. If the complaint is found to have merit, the person investigating the complaint shall propose a recommended course of action. The person investigating the complaint shall inform the complainant of the results of the investigation and the recommended course of action. If the person investigating the complaint finds no merit in the complaint, or, if merit is found but the complainant disagrees with the recommendation of the person investigating the complaint as to a course of action, the complainant may take the complaint to the Library Director or to the Board of Trustees. The Library Director or the Board of Trustees shall
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review the complaint and the investigation may, if it appears warranted, conduct a separate investigation into the complaint.
If merit is found in the complaint, the Library Director or the Board of Trustees shall initiate any of the courses of action listed in Paragraph D of this policy or any other course of action as may be appropriate.
D.' If the complainani- agrees with the recommended course of action, the person investigating the complaint shall implement this course of action. The recommended course of action may include, but is not limited to the following:
1. Removal of any offending materials, graffiti, or other objects with
notice to all personnel of the reason for the removal and a prohibition against such items in the workplace in the future;
2. Informal cou~seling of an offending party with a verbal warnmg as
to the consequences of a repeat offense;
3. Enrollment of an offending party In an appropriate training program;
4. A formal letter of reprimand to the offending party with a copy of
the letter of reprimand placed in the offending party's personnel file to be removed two (2) years hence if no further incidents occur:
5. Up to a maximum thirty-day suspension without pay;
6. Involuntary termination of the employment of the offending party.
E. Any action by the person investigating a complaint other than those set out in subparagraph D(1) and D(2) shall be taken only upon approval of such action by the Library Director if the Library Director is not the person conducting the investigation.
F. Any supervisor, department head or other Hyannis Public Library official in charge of workplace shall take appropriate remedial action to stop, correct, or terminate any sexual harassment of which the supervisor,á department head, or official has direct knowledge. This action shall be taken even if no complaint is filed by an employee in connection with such harassment. Any action, other than those set out in subparagraphs D(l) and D(2) shall be taken up by a supervisor, department head, or official only upon approval of the Library Director.
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G. Notice of every complaint of sexual harassment received by any Library
employee, supervisor, department head, or official and/or of any remedial action
by a supervisor, department head,' or official in connection with any instance of sexual harassment, shall be forwarded to the Library Director.
The notice to the Library Director shall contain, if applicable, the date the complaint was filed, the name of the complainant, the conduct/activity which is the subject of the complaint, the name of the offending party, and the final resolution of the complaint. this notice shall not be placed in any individual's personnel file but shall be kept in a separate closed file. Such notices shall be used in determining patterns of behavior, deriving statistical information, and in developing policy.
H. In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with either or both of the government agencies set forth below. Using the Library's complaint process does' not prohibit you from filing a complaint with these agencies. Each of the agencies- has a short time period for filing a claim (EEOC - 180 days; MCAD - 6 months).
1. The United States Equal Employment Opportunity Commission ("EEOC")
One Congress Street - 10th floor
Boston, MA 02114
(617) 565-3200
2. The Massachusetts Commission Against Discrimination ("MCAD")
One Ashburton Place
Room 601
Boston, MA 02108 (617) 727-3990
or
424 Dwight Street Room 220
Springfield, MA 01103 (413) 739-2145
SEXUAL HARASSMENT COMPLAINT
Date:
Name:
Department:
Please describe as best you can exactly what happened to you that leads you to believe that you have been sexually harassed. Include date, if you can, and the names of everyone who was involved in the harassment or saw or heard what happened. If there was more than one incident of harassment, please describe each incident separately. If your need more space, please attach a separate sheet of paper to this form. Be sure to sign the complaint at the bottom of this page.
Signed under the pains and penalties of perjury.