Revised Sexual Harassment Policy for the Police Department
Purpose
The purpose of this policy is to establish guidelines and procedures for this Police Department regarding prevention of sexual harassment and processes for filing a complaint and investigations regarding alleged sexual harassment.
Policy
This Police Department seeks to create a safe, suitable, and comfortable working environment for all its employees. The Department has a zero-tolerance policy on sexual harassment and prohibits any form of sexual harassment among its workers. Based on the zero-tolerance policy, violation of the policy would result in disciplinary actions including prosecution and termination from employment. Employees are free to make complaints of any sexual harassment incidents without fear of victimization while their confidentiality will be maintained as much as possible. The Department shall not retaliate against its employees for filing such complaints or for cooperation during investigations of sexual harassment complaints.
Guidelines and Considerations
The Police Department defines sexual harassment as any unwelcome sexual advances, sexual favor requests or unwelcome conduct of a sexual nature. Based on recent guidelines handed down by Supreme Court decisions, the two types of sexual harassment governed by this policy are quid pro quo and hostile work environment (Bachman, 2017). Quid pro quo harassment occurs when the perpetrator uses such actions as the premise for employment decisions. On the other hand, hostile work environment occurs when the sexual harassment incident is geared towards interfering with the victim’s work performance or creating a difficult work environment for him/her.
Making and Investigating Complaints
In light of recent guidelines handed down by Supreme Court decisions, quid pro quo and hostile work environment will not be treated as wholly distinct claims by this Department. The Department has established administrative guidelines and remedies for dealing with sexual harassment. When making a complaint, the victimized employee should contact his/her department head if he/she has been the subject of sexual harassment. If the complaint concerns the department head, the employee should file his complaint to any other department head. Once the complaint is received, the department head should undertake necessary and suitable steps to investigate it. If the complaint is not addressed in a satisfactory manner, the employee should contact the Director of Administration and Management. However, if this Police Department does not address the complaint in a satisfactory manner after all administrative procedures are exhausted, the employee if free to file his/her complaint directly to the State’s Attorney.
With regards to investigations, any department head or supervisor is required to notify the Director of Administration and Management upon receipt of a sexual harassment complaint. The Director of Administration and Management will then conduct or assign someone the responsibility to investigate the complaint. Upon conclusion of investigations, the perpetrator will be subject to sanctions that include but not limited to prosecution in a court of law and termination from employment.
Training Program for Employees
An important aspect towards implementing the revised sexual harassment policy is to implement a training program for all employees. The training program will be conducted by experts or experienced trainers with competency in prevention of sexual harassment, retaliation, and discrimination. During the training, the expert or trainers will provide employees with practical explanations of laws relating to sexual harassment, its prevention, and consequences. They will then communicate to all employees regarding the directives in the Department’s sexual harassment policy. The employees’ supervisors and those in management positions will be trained on their role in preventing sexual harassment and investigating complaints. All employees will be provided with a copy of the revised sexual harassment policy.
While establishing sexual harassment policy and conducting training is a crucial step towards preventing sexual harassment in the workplace, there are challenges relating to this process. One of these challenges is the need to be aware of the various sexual harassment laws and update the policy based on changes in the law (O’Gara & Jill, n.d.). Secondly, the policy-making process and training implementation is time-consuming because of numerous complexities. Third, the process is expensive because of the need to involve several stakeholders such as legal experts and experienced trainers.
Comparison of Two Sexual Harassment Policies
The Florida Department of Law Enforcement and Orlando Police Department have some similarities and differences...
References
Bachman, E. (2017, March 23). What is “Quid Pro Quo” Sexual Harassment? Retrieved August 2, 2017, from https://www.glassceilingdiscriminationlawyer.com/quid-pro-quo-sexual-harassment/
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Lonsway, K.A., Paynich, R. & Hall, J.N. (2013, February 15). Sexual Harassment in Law Enforcement: Incidence, Impact, and Perception. Police Quarterly, 16(2), 177-210.
Matricardi, D. (2016). Binary Imprisonment: Transgender Inmates Ensnared within the System and Confined to Assigned Gender +. Mercer Law Review, 67707.
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McCoy, M.J. (2004, June 15). Orlando, Florida Police Department Policy and Procedure 1608.0. Retrieved August 2, 2017, from http://www.aele.org/law/2009all09/orlando.pdf
O’Gara, W.E. & Jill, M. (n.d.). Implementing a Sexual Harassment Training Policy and Program. Retrieved August 2, 2017, from http://www.pldolaw.com/Knowledge-Library/PLDW-ANTI-Sexual.pdf
Criminology, 61(6), 645. doi:10.1177/0306624X15603745 Swearingen, R. (n.d.). Law Enforcement Officer Ethical Standards of Conduct. Retrieved from Florida Department of Law Enforcement website: http://www.fdle.state.fl.us/cms/CJSTC/Officer-Requirements/LE-Ethical-Standards-of-Conduct.aspx
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