Touchstone Services Inc.
"Our goal is simple...To help you reach yours"
I. A. Sexual Harassment
Sexual harassment at Touchstone Services, Inc. is unlawful discrimination. This policy and the law prohibit sexual harassment and retaliation for having brought a complaint of or having opposed sexual harassment and/or for having participated in the complaint.
B. Sexual Harassment Defined
1. Basic Definition
For purposes of this policy, the term “sexual harassment” means unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct or communication of a sexual nature when:
a.) Submission of such conduct or communication is made explicitly or implicitly a term or condition of the individual’s employment; or
b.) Submission to or rejection of such conduct or communication by an individual is used as a basis for employment decisions affecting such individual; or
c.) such conduct or communication has the purpose of effect of unreasonably interfering with an individual’s employment or creating an intimidating, hostile, or offensive work environment.
2. Examples
Examples of unwelcome sexual harassment include, but are not limited to, threatening adverse employment actions if sexual favors are not granted; promising preferential treatment in return for sexual favors; unwanted physical contact; and/or sexually offensive remarks including the following kinds of prohibited behavior.
Verbal: sexual advances or propositions or threats; continuing to express interest after being informed the interest is unwelcome; sexual innuendoes; suggestive or insulting comments or sounds; including whistling; sexual jokes or teasing of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; and any other abuse of a sexual nature.
Visual: display of sexually suggestive objects, pictures, or letters; leering obscene gestures; sexually suggestive or offensive graffiti.
Physical: unwanted physical contact, including offensive touching, pinching, brushing the body, impending or blocking movement; unwanted sexual intercourse or other unwanted sexual acts, sexual assault or battery.
The above list is not meant to be exhaustive, but is included to provide examples of prohibited action.
C. Persons and Settings covered:
The employer does not condone either explicitly, sexual harassment by any one in the organization, clients, vendors, independent contractors, applicants for employment, or visitors to the work place.
II. COMPLAINT PROCEDURE
The employer is responsible for fostering a work place free from sexual harassment, for discouraging employment related sexual harassment and for implementing and enforcing this policy. This responsibility is continuing, whether or not complaints of sexual harassment have been brought to the attention of the employer.
Any person who feels that she or he has been subjected to sexual harassment, who is aware of conduct prohibited under this policy, or who feels that he or she has been retaliated against for having brought a complaint or of having opposed sexual harassment and/or having participated in the complaint process is encouraged to bring the matter to the attention of either the supervisor or executive director.
The employer will investigate all allegations of sexual harassment promptly. To protect the interests of the complainant, the person complained against, witnesses, any other who may report incidents of sexual harassment, and all other persons affected, confidentiality will be maintained to the extent practicable and appropriate under the circumstances.
The employer will conduct a prompt, thorough, and impartial investigation using the following procedures:
1. Interviewing the complainant, both at the time the complaint is initially presented and at the time the complaint is reduced to writing:
2. Interviewing all witnesses identified by the complainant and reducing their statements to writing, either by requesting that the witness do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witness;
3. Reviewing any documentary or other evidence submitted by the complainant;
4. Interviewing the alleged harasser and rescuing her or his statement to writing;
5. Interviewing all witnesses identified by the alleged harasser and reducing their statement to writing, either by requesting that the witness do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witnesses;
6. Interviewing other potential witnesses who may have observed the conduct alleged or who may possess knowledge regarding the allegation under investigation and reducing their statement to writing, either by requesting that the witness do so or by reducing their statements to writing to be signed or otherwise acknowledged by the witness;
7. Reviewing any documentary or other evidence submitted by the alleged harasser;
8. Informing all witnesses including the complainant and the alleged harasser of the confidentiality of the investigation;
9. Completing a written determination of the validity of the complaint.
III. RESOLVING THE COMPLAINT
A. IF VIOLATION FOUND
If, as a result of an investigation, the Employer determines that a violation of this policy has occurred, the Employer will take prompt and appropriate remedial action to eliminate the policy violation and to insure that it does not recur.
Such remedial action may include;
1. Disciplinary action of the harasser up to and including termination of employment.
2. Restoration to an individual of any employment benefits or employment status impaired as a result of the sexual harassment or the exercise of the right to make a complaint of sexual harassment, to oppose sexual harassment, or the exercise of the right to make a complaint of sexual harassment, to oppose sexual harassment, or to participate in an investigation under this policy.
3. Removal from the individual’s personnel record or other records of the employer of any documents containing adverse or negative references to the complainant flowing from the policy violation;
4. Other appropriate measures to assure that any individual adversely affected by the filing of a complaint, participation in any complaint proceeding, or opposition to sexual harassment is restored to the position held prior to the policy violation;
5. Removal of the effects of the policy violation in the work place, such as the removal of offensive graffiti or posters or similar objects of visual sexual harassment, the elimination of unwanted physical conduct;
6. Other appropriate measures to assure that this policy, and the employer’s commitment to enforcing this policy, is reiterated in the work place, such as republication of the policy and in-house training relating to the policy.
B. IF NO VIOLATION IS FOUND
If, as a result of the investigation, the Employer determines that no violation of this policy has occurred, the employer will:
1. Inform the complainant and the alleged harasser of the results of its investigation and the reasons for its finding of no policy violation.
2. Advise the complainant and the alleged harasser that the Employer is committed to the enforcement of this policy and will not tolerate sexual harassment or retaliation of any sort;
3. Notwithstanding the determination that no policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of sexual harassment, opposing sexual harassment, or participating in an investigation under this policy;
4. Advise the complainant to provide additional information relating to any policy violations in the future;
5. Take appropriate measures to assure that this policy, and the Employer’s commitment to enforcing this policy, is reiterated in the work place, such as republication of the policy and in-house training relating to the policy.
C. IF NO DETERMINATION POSSIBLE
If, as a result of the investigation, the employer determines that there is insufficient information from which to make a determination whether a policy violation has occurred, the employer should:
1. Inform the complainant and the alleged harasser of its finding that no determination can be made;
2. Advise the complainant and the alleged harasser that the Employer is committed to the enforcement of this policy and will not tolerate sexual harassment or retaliation of any sort;
3. Notwithstanding the determination that there is insufficient information from which to determine that a policy violation has occurred, advise all individuals that there will be no retaliation for making a complaint of sexual harassment, opposing sexual harassment, or participating in an investigation under this policy.
4. Advise the complainant to provide additional information relating to any policy violation in the future;
5. Take appropriate measures to assure that this policy, and the Employer’s commitment to enforcing this policy, is reiterated in the work place, such as republication of the policy and in-house training related to the policy.
D. RETAILIATION
The Employer shall assure that no individual shall be retaliated against for making a complaint of sexual harassment, opposing sexual harassment, or participating in an investigation under this policy, regardless of whether a policy violation is found, no policy violation found, or no determination of a policy violation is possible.
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