S239SexualHarassment.pdf

Chapter I

Administration & Management

Policy #:

S239

References:

MGL 151B, §4, §7, et al.

103 CMR 900.07; 914.03

ACI: 3-4054-1

3-ALDF-1C-07-1

Personnel

Sexual Harassment Date of Issue:

January 1, 2000

Approved:

Andrea J. Cabral

Effective:

January 2013

Purpose

Sexual harassment in the workplace is unlawful. It is the purpose of this policy to promote and maintain a workplace free of sexual harassment, to promptly and thoroughly investigate reports and complaints of sexual harassment, and to take remedial action when necessary and appropriate.

Policy Statements

I. The goal of the Department is to maintain a workplace free of sexual harassment.

II. All employees, inmates, volunteers, vendors, contractors and visitors have a right to a workplace environment free from any type of sexual harassment.

III. Management will investigate all reports and complaints of sexual harassment, received either orally or in writing, in a timely and impartial manner.

IV. The Department prohibits sexual harassment, either explicit or implicit, of or by employees, inmates, vendors, contractors or visitors in any form.

V. Immediate action will be taken against any employee found to be in violation of this policy.

VI. Sexual harassment may result in employee disciplinary action up to and including dismissal, loss of visiting privileges, referral for civil or criminal prosecution, or any other appropriate action to assure such activity does not recur.

Compliance with the Law

The Department is committed to adhering to applicable state and federal laws regarding sexual harassment and, to this end, the Department will investigate and resolve complaints arising out of activity or behavior considered to be sexual harassment.

The Department shall post notice of the Fair Employment Law prepared by the Massachusetts Commission Against Discrimination (MCAD) in a conspicuous place at the Jail, the House of Correction and all other facilities under its control in accordance with G.L. c. 151B, §7.

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Definitions

Sexual Harassment: Making any unwanted sexual advances, requests for sexual favors or other verbal, non-verbal or physical conduct of a sexual nature when:

submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as the basis for employment decisions or as the basis for an inmate's status or eligibility for programs; OR 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 custodial or work environment.

Sexual or Offensive Contact: Any non-consensual touching which violates the generally accepted norm of decency and propriety under the circumstances; OR any touching which violates the generally accepted norm of society and amounts to an indecency.

Workplace: Any workplace location or environment in which an inmate and/or an on-duty employee of the Department may be reasonably found. Additionally, conduct that does not occur in the workplace that adversely affects the terms and conditions of the complainant’s employment or impacts the complainant’s work environment may, depending upon the circumstances violate this policy.

Prohibited Behavior

No supervisor or employee shall threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect the employee's employment, performance reviews, advancement, assigned duties, shifts, or any other condition of employment or career development.

Sexual harassment of an employee, inmate, inmate's family member, visitor or outside vendor by an employee, inmate, inmate's family member, visitor or outside vendor is strictly prohibited. This includes, but is not limited to: repeated offensive sexual flirtations, advances or propositions; continued or repeated verbal abuse of a sexual nature; graphic verbal commentaries about an individual's body; sexually degrading words used to describe an individual; the display in the workplace of sexually suggestive objects or pictures;

sexually explicit voice mail, e-mail, graphics, downloaded material or websites; any kind of sexual or offensive gestures or contact in the workplace: sexually-oriented jokes; leering or ogling in a sexually demeaning manner; and unwanted touching, fondling, patting, pinching, hugging or kissing.

No employee shall accept or tolerate any sexual advances or invitation from any visitor, inmate or inmate's family. No employee shall threaten either implicitly or explicitly, that an inmate's refusal, inmate's family member's refusal, or a visitor's refusal, to submit to sexual advances will adversely affect the inmate's custodial status, eligibility for programs, visits, furloughs, parole, or any other condition of confinement.

Any employee who receives a report or complaint either orally or in writing or witnesses an act of sexual harassment shall submit a written report of same to any one of the persons indicated in paragraph I A (2), below; said report shall be submitted BEFORE leaving duty on the day the information is received or known. In the event that the persons indicated in paragraph I A (2) (below) are not on duty, the report shall be submitted to the Shift Commander in a sealed, addressed envelope.

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Procedures

I. Raising Complaints Of Sexual Harassment

A. Filing a Complaint

1. The Department will make every effort to ensure that all complaints of sexual harassment are treated with confidentiality, and shall not result in reprisal in any form to the informer or victim. It is unlawful to retaliate against an employee for making a report or filing a complaint of sexual harassment or for cooperating in an investigation of a complaint of sexual harassment.

2. Anyone who feels s/he has been sexually harassed should present his/her allegations in writing, as soon as possible, preferably within three days, to one of the following individuals:

A Superintendent:

(HOC) Gerard Horgan, ext. 6503 (NSJ) Eugene Sumpter, ext. 6667 (HR) Michael Harris, ext. 6548

An Assistant Superintendent:

(NSJ) Cliff Carney, ext. 6662 (HOC/COTA) Yolanda Smith, ext 6511/6901

An Assistant Deputy Superintendent:

(HOC) Rachelle Steinberg, ext. 6543 (NSJ) Carole Cafferty ext. 6675

3. Reports or complaints containing allegations of sexual harassment by an employee of a vendor or contractor providing services to the Department will be referred to, and dealt with by, the vendor’s or contractor’s supervising manager in a timely fashion. The Department will promptly review such complaint in accordance with II. Investigation and Discipline.

4. While the failure of the victim of alleged sexual harassment to file a report or complaint within three (3) days of the incident will not prevent an expeditious and impartial investigation, a delay in reporting the allegations may adversely affect the weight of the evidence.

5. Any report or complaint of sexual harassment under state or federal law may be filed directly with the following agencies:

The Massachusetts Commission The Equal Employment

Against Discrimination (MCAD) Opportunity Commission (EEOC) One Ashburton Place JFK Federal Building, Room 475 Boston, MA 02108 Boston, MA 02203

(617) 994-6000 (617) 565-3200

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II. Investigation And Discipline

A. Administrative Review

1. All reports or complaints received either orally or in writing will be immediately reviewed by the person who received the report or complaint.

2. The person who initially received the report or complaint must refer it to a person listed in I A (2) above.

3. Depending on the severity of the allegations contained in the report or complaint, either the alleged harasser will be notified of the allegations and allowed to submit a written response, or a more in depth investigation will be undertaken.

4. If the alleged harasser is notified of the allegations and submits a written response, and the facts as represented in the report or complaint and the written response are in dispute, a further investigation may be conducted.

B. Fact Finding

1. When so ordered, investigation into the incident(s) giving rise to the complaint shall be conducted by assigned staff and a written report submitted which will summarize statements from all witnesses to the alleged misconduct as well as any and all other pertinent facts.

2. After review and acceptance of the investigation report, the complainant and the alleged harasser will be notified with the findings.

C. Disciplinary Action

1. If there is cause to believe that a violation of this policy has occurred, the accused employee will be appropriately disciplined.

2. Such discipline shall consist of, at a minimum, a formal written reprimand that shall include the phrase "any further violation of this policy will be cause for me to recommend further disciplinary action, up to and including termination.”

3. Discipline may, dependent on circumstances, also include more severe sanctions such as suspension or demotion.

4. In cases of blatant and intolerable severity, an employee may be terminated without a written warning.

5. All notes and records of the investigation shall remain confidential, with the exception of any disciplinary letter which shall be placed in the employee's personnel file.

6. If there is cause to believe that a violation of this policy has occurred and the accused is an inmate, outside visitor, vendor or contractor, the appropriate steps shall be taken to rectify the situation and/or prevent a recurrence.

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III. Supervisory Responsibility

A. Reporting Requirements

1. Every supervisor, division manager, director and management team member is responsible for promoting and maintaining a work environment free of any form of sexual harassment, and shall appropriately address any behavior that may be offensive to co-workers whenever it comes to his/her attention.

2. Every report or complaint of sexual harassment, received either orally or in writing, is to be taken seriously and treated with sensitivity and confidentiality.

3. Any supervisor, division manager, director or management team member notified of a sexual harassment report or complaint received either orally or in writing, shall personally file a written report of the complaint and shall submit the written report to any of the persons indicated in paragraph I A (2). This report shall be in addition to any other written statements and complaints submitted by the victim or others and shall be submitted BEFORE leaving work on the day such information is received. In the event that the persons indicated in paragraph I A (2) are not on duty, the report shall be submitted to the Shift Commander in a sealed, addressed envelope.

4. Any supervisor, division manager, director or management team member notified by an individual that s/he has been sexually harassed shall inform him or her of the existence of this policy and the proper steps to pursue a complaint within the Department.

5. All employees are responsible for promoting an environment free from sexual harassment and to this end are encouraged to be sensitive to what other employees consider offensive or inappropriate conversation or behavior in the workplace.

IV. Interpretation

A. Any questions of interpretation of this policy shall be liberally construed to meet the overall intent and objective of this policy.

B. The General Counsel shall be consulted if questions of legal procedure arise.

C. While this policy sets forth the Department’s goals of promoting a workplace that is free of sexual harassment, the policy is not designed or intended to limit the Department’s authority to discipline or take remedial action for workplace conduct which the Department deems unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.