St. Johns County Sheriff's Office Discrimination/Harassment Policy 26.3 PDF

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Discrimination / Harassment Policy 26.3 Effective Date: 07/15/1998 Amended Date: 05/19/2023 ACCREDITATION STANDARDS CALEA: 26.1.3 CFA: 7.07 FCAC: 4.09 FLA-TAC: FMJS: Discussion: This directive establishes policy and procedures concerning...

ST. JOHNS COUNTY SHERIFF’S OFFICE ROBERT A. HARDWICK, SHERIFF Discrimination / Harassment Policy 26.3 Effective Date: 07/15/1998 Amended Date: 05/19/2023 ACCREDITATION STANDARDS CALEA: 26.1.3 CFA: 7.07 FCAC: 4.09 FLA-TAC: FMJS: Discussion: This directive establishes policy and procedures concerning discrimination and harassment. The St. Johns County Sheriff’s Office maintains an EEO / Affirmative Action Plan posted online. The agency is committed to providing a professional work environment for employees and volunteers free from discrimination and harassment. [CFA 7.07] [FCAC 4.09] DEFINITIONS Agency – Refers to St. Johns County Sheriff’s Office Discrimination - A difference in treatment based on race, color, religion, sex, national origin, age, disability or genetics where the difference is not justified by business necessity or is not job-related. Ethnic, Racial, Age, Religious or Disability Harassment - Conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment which unreasonably interferes with an individual’s work performance. Violations of this policy prohibiting unlawful harassment may also occur when the intended target of the conduct is not offended, but others reasonably find the conduct to be intimidating, hostile, or abusive. Examples of harassment include but are not limited to the following:  Epithets, slurs, negative stereotyping.  Threatening, intimidating, or hostile acts.  Written or graphic material including e-mails, posters, computer screen displays that show hostility toward an individual or group Harassment on The Basis of Sex - Consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that create a hostile, offensive, or intimidating work environment. Further examples of sexual harassment include, but are not limited to the following:  Any suggestive or obscene letters, notes, invitations, or e-mail  Any derogatory comments, slurs, or jokes  Any unwelcome or uninvited touching  Any leering, sexual-oriented gestures or display of sexually suggestive or derogatory objects, pictures, cartoons, or posters  Any threat or insinuation that lack of sexual favors will result in reprisal, withholding support for appointments, promotion or transfer, rejection on probation, punitive actions, change of assignments, or a poor performance report Discrimination / Harassment 26.3 Page 1 of 5 Hostile Work Environment - A hostile work environment is a form of harassment. It is demonstrated by severe and pervasive conduct which permeates the work environment and interferes with an employee’s ability to perform their job duties. It can be based on allegations of discrimination; i.e. race, color, sex, national origin, religion, age, disability, sexual orientation, or reprisal. GENERAL.1 The U.S. Equal Employment Opportunity Commission enforces federal laws prohibiting employment discrimination. These laws protect employees and job applicants against employment discrimination when it involves:  Unfair treatment because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.  Harassment by managers, co-workers, others in the workplace, or vendors, because of race color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.  Denial of a reasonable workplace accommodation the employee needs because of religious beliefs or disability.  Retaliation because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit..2 The agency has a zero-tolerance policy for discrimination / harassment. Regardless of whether the harassment or discrimination in question amounts to a violation of the law, it may amount to a violation of policy. [26.1.3] [CFA 7.07] [FCAC 4.09]  No employee of this agency, regardless of rank or position is authorized to engage in conduct that constitutes harassment or discrimination.  Situations where an employee’s submission to harassment is made a term or condition of employment, is used as a basis for employment decisions, or where harassment has the effect of creating an intimidating, hostile or offensive working environment, are absolutely prohibited..3 All employees are entitled to work in an environment free of offensive or disparaging conduct. Therefore, it is the policy of this agency to strictly prohibit any conduct by its employees, volunteers, vendors or clients which defames or demeans the race, color, religion, sex, national origin, age, disability or genetics of any person. Specifically, employees shall not: [26.1.3]  Use coarse, profane, or insulting language; nor shall they speak disparagingly nor make or tell jokes of this kind;  Participate in any practical joke which could adversely affect the physical or mental wellbeing of another employee;  Behave in any other manner that substantially interferes with any employee’s work performance or creates an intimidating, hostile, abusive, or offensive working environment..4 Each employee is responsible to immediately report to their chain of command if they believe that an incident involving harassment or discrimination has occurred or if they have been a victim of discrimination or harassment. [26.1.3] [CFA 7.07] Discrimination / Harassment 26.3 Page 2 of 5 SUPERVISOR ACTION.5 If any Supervisor has reason to suspect that an incident involving harassment or discrimination has occurred, whether or not a complaint has been made, the Supervisor shall, by memo, notify their Division Director or the General Services Division Director or designee who will initiate an investigation. [26.1.3] [CFA 7.07] [FCAC 4.09].6 All work environments shall be monitored by Supervisors for inappropriate postings of racially offensive pictures, cartoons, etc. If found, the Supervisor is responsible for removing the offensive material..7 Inappropriate remarks or behavior witnessed by a Supervisor shall immediately be stopped, corrected and reported through the chain of command..8 A Supervisor’s failure to act in accordance with this policy will lead to discipline. PROCEDURES FOR REPORTING AND INVESTIGATING INCIDENTS OF HARASSMENT OR DISCRIMINATION [26.1.3] [CFA 7.07] [FCAC 4.09].9 An employee who believes they have been the victim or currently is the victim of harassment or discriminatory treatment will immediately notify their chain of command who will initiate an investigation.  If the accused is the Division Director, or in the offended employee’s chain of command, the incident shall be immediately reported to the General Services Division Director.  Any employee can create an Internal Complaint in BlueTeam, which will allow the employee to make a report of misconduct directly to the Internal Affairs Lieutenant, bypassing the employee’s normal chain of command. A complete description of the incident to be reported should be provided. The reason for not reporting the incident through the COC shall be explained in the “Summary” section of this program.  Any employee may also report the alleged incident directly to their Division Director, Human Resources, or the Sheriff. [26.1.3].10 Anyone receiving the complaint will report the complaint to the General Services Division Director or designee as soon as practical, who will immediately order an investigation..11 An investigation of all complaints shall be undertaken as soon as practical. The Criminal Investigations Division Director shall assign the investigator..12 The accused will be notified of the allegation within five (5) days of receiving the complaint.  The accused shall examine their conduct and discontinue any behavior that might be construed as discrimination or harassment.  The accused will also be warned against any retaliation directed to at the complainant, and that, if retaliation occurs, it will lead to serious disciplinary action, including termination. Discrimination / Harassment 26.3 Page 3 of 5.13 The complainant will be notified that the accused has been informed of the allegation and that an investigation will be conducted..14 The complainant and the accused will be notified of the findings.  If the findings are sustained, appropriate disciplinary action will be initiated. Remedial training may be required for any or all parties.  If the allegations are unfounded or not sustained, the complainant and the accused will be informed accordingly. CONFIDENTIALITY [26.1.3].15 All discrimination and harassment complaints will be handled confidentially by the accused, the complainant, and the agency..16 All investigative inquiries will be kept confidential during the investigation until such time the investigation is complete..17 Upon written request by the complainant, the investigation file will be kept confidential after the investigations completion, to the extent allowable under the Public Records Law, F.S. 119.07. RETALIATION [26.1.3].18 The Sheriff strictly prohibits retaliating against any person who filed a complaint of harassment or discrimination, or who participated in an investigation or complaint proceeding under state or federal statutes..19 If an employee has made a complaint of harassment or discrimination, or participated in an investigation involving a complaint of harassment or discrimination, and believes they have been retaliated against, the employee may use any of the methods referred to above for making a complaint about retaliation..20 Any complaint will be properly investigated to ensure compliance with the policy prohibiting retaliation. Discrimination / Harassment 26.3 Page 4 of 5 NON-FRATERNIZATION.21 In order to promote the efficient operation of the agency and to avoid misunderstandings, complaints of favoritism, problems of supervision, security, morale, and possible claims of sexual harassment, Supervisors are forbidden to date or pursue romantic or sexual relationships with employees whom they supervise, directly or indirectly. Employees who violate this guideline will be subject to discipline..22 Supervisors should refrain from having close personal relationships with subordinate personnel that may interfere with the proper supervision and discipline of the agency. Relationships between supervisors and subordinate(s) that exceed normal business relationships and adversely affects the agency may be construed as fraternization. ANNUAL REPORTING.23 The General Services Division Director or designee will ensure an annual analysis of Discrimination / Harassment complaints is compiled and forwarded to the Sheriff. The data used for the analysis will be compiled by calendar year. DISSEMINATION.24 In addition to the standard dissemination procedures, all employees including newly appointed employees, will be required to sign an acknowledgment statement that they have read the policy and understand it..25 If any employees have questions about the policy, they should be directed to the General Services Division Director or designee. ____________________ Robert A. Hardwick Sheriff Discrimination / Harassment 26.3 Page 5 of 5