Policy

Providence Community Housing does not tolerate sexual harassment. Sexual harassment may include unwelcome sexual advances, requests for sexual favors, or other unwelcome verbal or physical contact of a sexual nature: (1) is made explicitly or implicitly a term or condition of employment, (2) is used as a basis for an employment decision, and (3) when such conduct creates an offensive, hostile, and intimidating working environment and prevents an individual from effectively performing the duties of their position.

Courteous, mutually respectful, pleasant, noncoercive interactions between employees that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.

Retaliation

No hardship, loss, benefit or penalty may be imposed on an employee in response to: (1) filing or responding to a bona fide complaint of harassment, (2) appearing as a witness in the investigation of a complaint, and (3) serving as an investigator of a complaint.

Lodging a bona fide complaint will in no way be used against the employee or have an adverse impact on the individual’s employment status. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.

Any person who is found to have violated this aspect of the policy will be subject to discipline up to and including termination of employment.

Confidentiality

All complaints and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation, and the President/CEO will take adequate steps to ensure that the complainant is protected from retaliation during and after the investigation. All information pertaining to a complaint or investigation under this policy will be maintained in secure files by the President/CEO department.

Complaint Procedure

Providence Community Housing has established the following procedure for lodging a complaint of sexual harassment or retaliation. The company will treat all aspects of the procedure confidentially to the extent reasonably possible.

1. Complaints should be submitted as soon as possible after an incident has occurred, preferably in writing to the direct manager. The manager may assist the complainant in completing a written statement or, in the event an employee refuses to provide information in writing, the manager will dictate the verbal complaint.
2. Upon receiving a complaint or being advised by a supervisor or manager that violation of this policy may be occurring, the manager will notify senior management and review the complaint with the company’s legal counsel.
3. The manager will initiate the investigation to determine whether there is a reasonable basis for believing the alleged violation of this policy occurred.
4. If necessary, the complainant and the respondent will be separated during the course of the investigation, either through internal transfer or administrative leave.
5. During the investigation, the manager, together with legal counsel or senior management, will interview the complainant, the respondent and any witnesses to determine whether the alleged conduct occurred.
6. Upon conclusion of an investigation, the manager or other person conducting the investigation will submit a written report of his or her fundings to the company. If it is determined that a violation of this policy has occurred, the President/CEO will recommend appropriate disciplinary action. The appropriate action will depend on the following factors:
   1. The severity, frequency and pervasiveness of the conduct;
   2. Prior complaints made by the complainant;
   3. Prior complaints made against the respondent; and
   4. The quality of the evidence (e.g., firsthand knowledge, credible corroboration).

If the investigation is inconclusive or it is determined that there has been no violation of policy but potentially problematic conduct may have occurred, the manager or President/CEO may recommend appropriate preventative action.

1. Senior management will review the investigative report and any standards submitted by the complainant or respondent, discuss results of the investigation with the manager and any other management staff as appropriate, and decide what action, if any, will be taken.

2. Once a final decision is made by senior management, the manager will meet with the complainant and the respondent separately and notify them of the findings of the investigation. If disciplinary action is to be taken, the respondent will be informed of the nature of the discipline and how it will be executed.

Alternative Legal Remedies

Nothing in this policy may prevent the complainant or the respondent from pursuing formal legal remedies or resolution through local, state, or federal agencies or the courts.

Training

All Providence Community Housing employees must complete one hour of sexual harassment training each year and submit evidence to their manager.