§ 114-605. Resolving the complaint.

(a)

Determination of "no cause": If the investigation reveals that there is no "reasonable cause" to believe that the allegation of sexual harassment is true, the matter shall be deemed resolved for city purposes and the parties shall be free to pursue other available legal remedies.

(b)

Determination of "cause":

(1)

Discipline of "cause": If the investigation reveals that there is "reasonable cause" to believe that the allegation of sexual harassment is true, the employee determined to have committed the offense of sexual harassment shall be subject to disciplinary action. The complainant shall be informed of the disciplinary action taken.

(2)

Penalty: Sexual harassment is considered a sufficient ground for serious adverse personnel action. Failure to comply with any part of this policy will result in disciplinary action, up to and including dismissal. A severe or pervasive violation of this policy may result in an employee's termination for the first offense. Where appropriate, specific disciplinary action will follow the process prescribed by section 114-526 through 114-556 of this Code of Ordinances. The employee's appointing authority shall impose discipline within the following ranges:

a.

First offense: Sexual harassment training and disciplinary action ranging from a ten-day suspension to dismissal.

b.

Second offense: Dismissal.

(c)

Return to the workplace upon a finding of "cause": As the staffing needs of the city dictate, and whenever possible and practical, an employee who has been disciplined upon a finding of "cause" and who returns to the workplace shall not be returned to the same location or assignment that placed him/her in close proximity to the victim, for a period of at least one year from the date of the last act of sexual harassment. As the staffing needs of the city dictate, and whenever possible and practical, a victim's request for a transfer to an assignment or location away from that of the harasser shall be granted for a period of at least one year from the date of the last act of sexual harassment. This provision shall not be mandatory where impractical, inefficient, logistically impossible or contrary to the best interests of the city as a whole, or a department, office or agency.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07)