310-7 discrimination and/or harassment

Investigation and Reporting of Discrimination and Harassment

• An investigation is warranted if a complaint is received and deemed necessary by the HRD Commander or designee.
• If warranted, the investigation will be forwarded to the Internal Affairs Unit (IAU) or an outside contractor will be retained to conduct the formal investigation.

Exclusions from Investigation

• Anonymous complaints will not be investigated, but will be retained for statistical and other purposes by HRD.
• Complaints regarding discipline or conduct that are not based on discrimination or harassment will be referred to the Bureau Commander for appropriate follow-up and disposition.

Notification of Investigation

• The reporting and accused members will be notified in writing of the investigation, including:
  • Whether a formal investigation will be conducted.
  • Whether an informal resolution will be pursued.
  • Whether no further action will be taken.

During the Investigation

• Members will refer to the current Memorandum of Agreement between the Board of Police Commissioners and the Fraternal Order of Police bargaining units.
• Members will be provided with a Garrity warning.
• Members will refer to the current written directive entitled "Internal Affairs Investigation" for guidelines involving formal investigations of complaints.

Reporting Incidents

• Members may report incidents of discrimination, harassment, or retaliation by:
  • Completing an Interdepartment Communication, Form 191 P.D.
  • Orally reporting the incident to their immediate supervisor or any other supervisor.
  • Emailing the details of the incident to [email protected] from an identifiable email account.

Separation of Members

• During an investigation, the reporting member and accused member may be separated, with consideration given to work schedules, assignments, and other pertinent information.
• The transfer of a member is temporary and should not be construed as permanent, retaliatory, or disciplinary.

Retaliation

• Retaliation is defined as an unfavorable assignment, transfer, demotion, termination of employment, or other tangible or material employment action against a member who reports harassment or discrimination.

Sexual Harassment

• Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
• Examples of sexual harassment may include but are not limited to:
  • Sexually suggestive or obscene letters or notes, derogatory comments, epithets, slurs, jokes, or inappropriate language.
  • Terminating a member's employment or refusing to allow a member to participate in a promotional or specialized selection process because of the member's actual or perceived sexual orientation.
  • Inappropriate physical overtures of a sexual nature, such as physical assault, unwelcome touching, or physical interference with the performance of normal work.

Policy

• The Department will not condone or tolerate any conduct that may be construed as unlawful discrimination and/or harassment.
• The Department will not condone or tolerate retaliation against a member who reports discrimination and/or harassment or who participates in any investigation of such a report.

Age Harassment and Discrimination

• Age harassment and discrimination is defined as harassment or discrimination directed toward members who are 40 years or older.
• Examples may include but are not limited to:
  • Derogatory comments/remarks related to age.
  • Age-based teasing, remarks, jokes, or threats.

Disabilities Harassment and Discrimination

• Disabilities harassment and discrimination is defined as when a qualified member's physical or mental impairment contributes to unequal or unfair treatment of the member.
• Examples may include but are not limited to:
  • Teasing or making jokes about a member's actual or perceived disability.
  • Intentionally creating an environment that makes it difficult for a disabled member to perform their job functions.