MORRISON AND MARY WILEY LIBRARY SEXUAL HARASSMENT POLICY

3/5/07

 

            The Morrison and Mary Wiley Library strongly opposes sexual harassment in any form.  Sexual harassment is against library policy and is a violation of Title VII of the Civil Rights Act of l964, as well as the Illinois Human Rights Act as amended on January 7, l993. It is also unlawful to retaliate against a person who has lodged a complaint of sexual harassment.

 

WORK ENVIRONMENT

 

It is the policy of this Library Board of Trustees that all employees have a right to work in an

environment free of sexual harassment.  Sexual harass­ment in the workplace includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

           

            Submission to such conduct is made, either explicitly or implicitly, a term of condition of an individual's employment,

 

            Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual or

 

            Such conduct has the purpose or effect of substantially interfering with the individual's work performance or creating an intimidating, hostile or offensive working environment.

 

Any employee who believes that he or she is being subjected to sexual harassment is urged

to immediately report such conduct to the Head Librarian or Library Board of Trustees President in accordance with the Sexual Harassment Reporting Procedure.

 

LIBRARY EMPLOYEE/PATRON RELATIONSHIP

 

The Library Board of Trustees affirms its commitment to ensuring an environment for all

patrons free of sexual harassment. The Library Board of Trustees views sexual harassment of patrons by library employees as an abuse of authority and therefore, such harassment will not be tolerated.

 

Sexual harassment of a patron by a library employee means:

 

            Any sexual advance by an employee toward a patron,

 

            Any request by an employee to a patron for sexual favors,

 

            Any acceptance by an employee of a sexual advance or request for sexual favors from a patron or

 

            Any conduct of a sexual nature by an employee directed toward a patron when 1) the patron's submission to or rejection of such conduct is either explicitly or implicitly a term or condition of a patron's participation in any library-sponsored activity or 2) such conduct has the purpose or effect on a patron of reasonable sensibilities, of creating an intimi­dating, hostile or offensive library environment for the patron.

 

 

MORRISON AND MARY WILEY LIBRARY SEXUAL HARASSMENT POLICY (CONT.)

 

            Any patron who suspects that she or he has encountered sexual harassment should report the incident to the Head Librarian.  If the Library Director is the source of the complaint, then the complaint should be presented to the Library Board of Trustees President.

 

            Any employee who witnesses or has knowledge of sexual harassment by a library employee against a patron shall immediately report it to the Head Librarian.

 

EXAMPLES

 

            Sexual harassment prohibited by this policy includes verbal, non-verbal or physical conduct.  The terms "intimidating," "hostile" or "offensive" as used above include conduct which has the effect of humiliation, embarrassment or discomfort.

 

            Examples of verbal sexual harassment include: explicit sexual propositions, sexual innuendo, suggestive comments, foul or obscene language, insults of a sexual nature and humor or jokes about sex or gender-specific traits.

 

            Examples of non-verbal sexual harassment include: suggestive or insulting sounds, leering, whistling, obscene gestures, display of foul or obscene printed or visual material.

 

            Examples of physical sexual harassment include: sexual touching, patting or pinching of a sexual nature, intentionally brushing the body, coerced sexual intercourse and sexual assault.

 

DUTY TO REPORT SEXUAL HARASSMENT BY PATRONS TO FELLOW PATRONS

 

            All library employees have the affirmative duty to report incidents of sexual harassment perpetrated by patrons upon fellow patrons, whether witnessed firsthand or reported to them.  Such incidents must be reported to the Library Director.

 

RETALIATION

 

            It is a violation of this policy to retaliate or to take reprisal in any way against anyone who has articulated any concern about sexual harassment or discrimination against the person raising the concern or against another individual.

 

SEXUAL HARASSMENT REPORTING PROCEDURE

 

            The following procedure shall be used by any patron or employee who suspects that he or she has been subjected to sexual harassment.

 

 

 

 

 

 

MORRISON AND MARY WILEY LIBRARY SEXUAL HARASSMENT POLICY (CONT.)

 

Step 1:

Reporting by Patrons

 

            Any patron who suspects that he or she is the victim of sexual harassment by a library employee or a fellow patron should report it to the Head Librarian, as soon as possible.  If the Head Librarian is the source of the complaint, then the complaint should be presented to the Library Board of Trustees President.

           

Reporting by Employees

 

            A complaint by a library employee that sexual harassment has occurred shall first be presented to the Head Librarian.  If the Library Director is the source of the complaint, then the complaint should be presented to the Library Board of Trustees President.

Step 2:

 

            If the alleged perpetrator of sexual harassment is a library patron, normal disciplinary procedures should be followed.  In all other cases, the Head Librarian shall meet with the complainant within three days of receiving the complaint to discuss the allegations.  If the complainant chooses to have a representative, then the Library Director may also have a representa­tive; such meeting, however, shall be informal.  The Head Librarian shall issue a written decision within five days of the meeting.

 

Step 3:

 

            If the complainant is not satisfied with the Head Librarian’s decision, within five days of the date of that decision, an appeal may be taken to the Library Board of Trustees President or his designee (hereinafter the words "Library Board of Trustees President" shall include designee).

 

            The appeal shall be in writing and shall state the reasons for appealing the Head Librarian’s decision.  Within five days of receiving the appeal, the Library Board of Trustees President shall meet with the complainant, any representatives and the Head Librarian to resolve the matter.  The Library Board of Trustees President shall issue a written decision within ten days of this meeting. Any employee found to have sexually harassed a patron or another employee or retaliated against a patron or employee who alleges sexual harassment, will be subject to discipline up to and including discharge.

 

Step 4:

 

            If the complainant is not satisfied with the Library Board of Trustees President's decision, then within ten days, an appeal of that decision may be made to the entire Library Board of Trustees.  Such an appeal shall be instituted by filing with the Secretary of the Library Board of Trustees a statement setting forth the reasons for the appeal.  Within twenty days of receiving an appeal, the Library Board of Trustees or a committee hereof shall meet with the complainant, the Head Librarian and any representatives to discuss the allegations of discrimination.  The hearing with the Library Board of Trustees shall be informal; however, the complainant and the adminis­tration may present evidence and call and cross-examine witnesses.  The Library Board of Trustees may ask

MORRISON AND MARY WILEY LIBRARY SEXUAL HARASSMENT POLICY (CONT.)

 

questions of the complainant, the administration and any witnesses.  The rules of evidence shall not apply; however, hearsay evidence shall not be presented for proof of any ultimate facts.

 

            Within ten days after the hearing, the Library Board of Trustees shall issue its written decision.

 

            All hearings shall be held in private and at times convenient for the parties.  In the event that the person designated to hear a complaint is the alleged offender, then the employee may immed­iately move to the next step of the procedure.  At any step, the person hearing the complaint may conduct or direct such investiga­tion as they deem appropriate, including obtaining a response from the alleged offender.  There shall be no harassment or retaliation by any person involved in the process for any reason.

LEGAL RECOURSE, INVESTIGATIVE AND COMPLAINT PROCESS AVAILABLE THROUGH THE ILLINOIS DEPARTMENT OF HUMAN RIGHTS AND HUMAN RIGHTS COMMISSION

 

            Any library patron or employee may also use the legal recourse, investigative and complaint process through the Illinois Department of Human Rights and Human Rights Commission.

 

            The address and telephone number is:

            Illinois Department of Human Rights

            222 S. College, Rm. l0lA

            Springfield, IL 62700

            (217) 785-5l00