Romeoville Fire Department Sexual Misconduct Policy PDF

ROMEOVILLE FIRE DEPARTMENT MANUAL CATEGORY 500: HUMAN RESOURCES POLICY NUMBER TITLE SEXUAL MISCONDUCT EFFECTIVE AUTHORIZED Kent Adams, Fire Chief REVISED 539 04/10/2020 This policy is for internal use only and does not enlarge an employee’s legal duty or civil liability in any way. This policy shoul...

ROMEOVILLE FIRE DEPARTMENT MANUAL CATEGORY 500: HUMAN RESOURCES POLICY NUMBER TITLE SEXUAL MISCONDUCT EFFECTIVE AUTHORIZED Kent Adams, Fire Chief REVISED 539 04/10/2020 This policy is for internal use only and does not enlarge an employee’s legal duty or civil liability in any way. This policy should not be construed as creating duty to act or a higher duty of care, with respect to third party civil claims against employees or the department. A violation of this policy, if proven, can only form the basis of a complaint by this department for non-judicial administrative action in accordance with the laws governing employee discipline. In the event of a conflict between this Departmental policy and the Village Handbook, the Village Handbook shall prevail. Purpose: The purpose of this policy is to define and prohibit sexual misconduct by fire department personnel. Policy: It is the policy of this Department to train all personnel to recognize and avoid sexual misconduct. Sexual contact, sexual activity and/or sexual misconduct as defined in this policy is prohibited by members of this department while on duty, engaged in fire department activities, representing the fire department, and/or recognizable as a member of this department. Definitions Sexual Misconduct: Any sexual contact or sexual activity that occurs while onduty, stems from official duty, occurs on fire department property, occurs on or in a fire department apparatus or vehicle, or occurs while in uniform or partially in uniform. Sexual misconduct includes but is not limited to the use of one’s official position and/or official resources to pursue or solicit sexual contact or sexual activity. Intimate Part: Genital area, inner thigh, groin, buttocks or breasts of a person. Page 1 of 3 ROMEOVILLE FIRE DEPARTMENT MANUAL Actor: The person accused of sexual assault or making a sexual contact Sexual contact: Any physical contact with the intimate parts of another person committed for the purpose of sexual gratification, or any physical contact of any of the actor’s intimate parts with any parts of another person. Sexual activity: intercourse, oral or anal sex, or masturbation. Regulations Prohibiting Sexual Misconduct 1. Sexual contact or sexual activity of any nature while on duty is prohibited. 2. Sexual contact or sexual activity on fire department property, or on or in a fire department apparatus or vehicle, is prohibited whether personnel are on duty or off duty. 3. Sexual contact or sexual activity while in uniform, or while wearing any part of the uniform that makes the individual identifiable as a member of this Department, is prohibited whether personnel are on duty or off duty. 4. Sexual contact or sexual activity while wearing or being in contact with any item of personal protective equipment issued by the Department, is prohibited whether personnel are on duty or off duty. This specifically includes a helmet (fire, wildland, rescue, or USAR), bunker pants, bunker coat, hood, or boots. 5. Sexual Misconduct is prohibited. Reporting Requirements 1. Any member of this Department who is made aware of any violation of this policy, is required to report the violation to their supervisor. The supervisor will immediately utilize the chain of command to notify the Fire Chief, who shall cause the matter to be promptly investigated. 2. Under no circumstances may a supervisor attempt to resolve a complaint of sexual misconduct with the complainant. Page 2 of 3 ROMEOVILLE FIRE DEPARTMENT MANUAL Discipline 1. Any member found to be in violation of the provisions of this policy shall be disciplined up to and including termination, and where appropriate the matter may be referred to law enforcement for possible criminal charges. 2. Any member having knowledge of a violation of this policy, who fails to report said violation shall also be disciplined up to and including termination, and may face criminal charges if appropriate. 3. If a sexual misconduct violation involves supervisory personnel, the reporting employee shall notify an appropriate command level officer and will not be strictly held to his or her normal chain of command. Training All fire department personnel shall receive specific training about the elements of sexual misconduct. The training will also include a review of all elements of this policy. Page 3 of 3