Osceola County: Harassment Policy

Purpose

• Osceola County Sheriff's Office policy aims to provide a hospitable and cooperative work environment free from all forms of harassment.
• Harassment includes sexual, racial, religious, and ethnic forms, regardless of the source.
• The policy establishes reporting mechanisms, investigation protocols, and disciplinary actions.
• The Sheriff's Office prohibits intimidating, hostile, or offensive conduct.
• Normal social interaction among members is permitted.
• Unwelcome advances, requests for sexual favors, or biased conduct are prohibited.

Policy

• The Sheriff's Office is committed to preventing and promptly correcting discriminatory or harassing behavior.
• The agency maintains procedures for reporting discrimination and harassment.

Definitions

• Accused is the subject of an inquiry or investigation, potentially including agency members or visitors like vendors or applicants.
• Complainant is the person who makes a complaint or files a formal charge.
• Consensual describes a relationship or behavior with mutual consent or approval.
• Discrimination involves differential treatment based on race, color, national origin, religion, gender, age, disability, political affiliation, veteran status, marital status, or other protected characteristics.
• Harassment is unwelcome conduct based on protected characteristics, violating federal and/or state laws.
• Harassment is unlawful if it becomes a condition of employment or creates an intimidating work environment.
• Anti-discrimination laws prohibit retaliation for reporting discrimination.
• Hostile Work Environment describes harassment that interferes with work performance.
• Improper Conduct is distasteful, vulgar, profane, or unprofessional behavior not necessarily defined as sexual, racial, or ethnic harassment.
• Sexual Harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
• Includes, term or condition of employment
• Includes, submission to or rejection of conduct as basis for employment decisions.
• Includes, conduct that interferes with work performance or creates a hostile environment.
• Examples of sexual harassment: sexual propositions, touching, suggestive sounds, jokes, cartoons, pictures, flirtations, sexual comments and insults, and behavior that promises benefits for sexual favors.
• Unwelcome Conduct constitutes actions or comments the complainant did not solicit or incite and reasonably regards as undesirable or offensive.

Procedures

• Ongoing monitoring to maintain a zero tolerance policy for harassing items in the workplace (bulletin boards, meeting rooms, common areas, etc.)
• Posting social events on agency property must have official sanction.

Reporting System

• All members have a shared obligation to immediately report any discriminatory, harassing, and/or improper conduct.
• Reports should be directed to their direct supervisor or to Human Resources.
• If the supervisor is involved, the member may report to the next supervisor in the chain of command.
• Reporting conduct does not require supervisory approval.
• Any member encountering discriminatory, harassing, or improper conduct should communicate to the offender that the conduct is unwelcomed and to cease.
• Regardless of informing the offender, the harassment must be reported to direct supervisors or Human Resources.
• If the supervisor is involved, the member may report to the next supervisor in the chain of command.
• The Complainant should be prepared to identify dates, times, locations, individuals involved, details, and any solutions.
• Members may document complaints in writing and will be asked to do so by Human Resources.
• The Complainant is encouraged to seek assistance from Human Resources to document the complaint.
• Human Resources, with the Complainant's chain of command, determines if action is needed (e.g., separation of victim from the Accused).
• If the offender is an agency visitor, Human Resources will determine appropriate action (e.g., contacting the vendor's company).
• The Sheriff’s Office must investigate any violations brought to its attention, regardless of the Complainant's desire to pursue the complaint.

Confidentiality

• Investigations will be handled confidentially.
• Florida public records law protects the confidentiality of information received on a complaint while under investigation.
• Agency members will not disclose information about harassment complaints, except as provided for in policies 325.0, 340.0, and FSS 119.

Investigation

• The Accused will be notified of the allegation within two working days of receiving the complaint.
• The Accused must discontinue any behavior that might be construed as harassment.
• The Accused will be advised not to discuss the matter and that the matter will be confidentially investigated.
• The Accused may be placed on paid or unpaid leave during the investigation, per Policy 325.0.
• The Complainant will be notified that the Accused has been informed of the allegation.
• Confidentiality is required of all parties.
• An investigation will be conducted.
• Internal Affairs will investigate unless the Sheriff assigns the matter to another investigator.
• All parties must refrain from discussing the investigation.
• If the charges are unfounded, the Complainant and Accused will be notified in writing.
• If the Accused is an agency visitor, Human Resources will attempt to notify the individual's place of employment and request an investigation.
• A follow-up inquiry may be conducted
• Agency members must cooperate with the investigation.
• The agency must make, keep and preserve records to comply with applicable law, including data for job task analysis.

Retaliation

• No member filing a truthful harassment complaint will be adversely affected or discriminated against.
• Complaints of retaliation will be promptly investigated, and appropriate parties disciplined.

Discipline

• The Complainant and Accused will be notified of the findings.
• If sustained, Internal Affairs initiates progressive disciplinary action, up to and including termination.
• If the allegations are unfounded, the Complainant and the Accused will be informed in writing.

Warnings Regarding Member Liability

• Warnings enhance awareness and do not dissuade reporting.
• Conduct defined as sexual, racial, religious, or ethnic harassment is serious misconduct and may result in disciplinary action, up to and including termination.
• The policy applies to member actions at social events, out-of-town training, or wherever the member may be associated with the agency.
• If harassment has occurred, the harasser may be held liable under state or federal anti-discrimination laws or in separate civil legal actions.