Shenandoah Estates Crime Prevention and Improvement District

PO Box  77926

Baton Rouge, LA  70879

Sexual Harassment Policy

Chairman's Statement:

Commissioners of the Shenandoah Estates Crime Prevention and Improvement District (SECPID), who are volunteers, deserve to be treated with respect and dignity, and to work in a professional environment free of harassment and discrimination. The SECPID Board, which employs no public employees, is committed to providing a work environment free from inappropriate and offensive behavior of a sexual nature. Prevention and elimination of sexually inappropriate behavior requires the personal involvement and commitment of every SECPID Commissioner.  Through this policy and related training requirements, the SECPID Board of Commissioners seek to reinforce its intolerance of sexually inappropriate behavior, and encourage any Commissioner who experiences, observes, or is informed of such behavior to promptly initiate the reporting process set forth in this policy.

Purpose: To comply with R.S. 42:341-345 , enacted by Act 270 (2018) relative to prevention of sexual harassment of public employees.  This policy is adopted to comply with R.S. 42:342, if applicable.

All SECPID Commissioners have a right to a work environment free of harassment and discrimination. For this reason, Commissioners must refrain from offensive and inappropriate conduct, especially of a sexual nature, within the space where Commissioners meet and interact. This policy applies also when Commissioners attend off-site meetings, workshops, training, and related social events in the capacity as a SECPID Commissioner. In addition, this policy applies to off-duty, off-premises behaviors which has an impact on and a relation back to the official conduct of a SECPID Commissioner.

Prohibited Conduct

Sexually inappropriate behavior proscribed by this policy can take many forms, including:

• Unwelcome sexual advances 
• Requests for sexual favors 
• Verbal conduct of a sexual nature 
• Physical conduct of a sexual nature 

Such inappropriate behavior may be by a person of either gender against a person of the same or opposite gender. Such behavior may include conduct among Commissioners or toward a third-party person who is interacting with SECPID Commissioners in an official capacity.  It may also include words or conduct by a vendor, contractor, client or visitor who interacts with a Commissioner in an official capacity.

Sexual harassment, a form of prohibited discrimination, is defined as unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature wherein:

Submission to such conduct is explicitly/implicitly a term or condition to avoid an extortion or to receive a quid pro quo.

• Submission to or rejection of such conduct is used as a basis for a favorable business decision (i.e. receiving a contract paid with SECPID funds). 
•  Such conduct has the purpose or effect of unreasonably interfering with a Commissioners work performance or creating an intimidating, hostile or offensive work environment. 
• Inappropriate, unacceptable words or conduct which may constitute sexual harassment could be verbal, non-verbal, or physical. 

Examples include, but are not limited to, the following:

• Unwelcome sexual flirtations, advances or propositions 
• Unwelcome request for sexual favors 
• Unwelcome sexual teasing, jokes, remarks, insults, innuendo or inquiries 
• Unwelcome physical contact (i.e. touching, rubbing, leaning over, pinching, invading another’s space by leaning over, purposefully cornering, or blocking passage) 
•  Unwelcome sexual looks or gestures 
• Verbal, written or physical abuse of a sexual nature 
• Graphic verbal or sexual comments about an individual or to describe an individual’s appearance 
• Degrading words and demeaning or inappropriate terms (i.e. referring to a person as Babe, Honey, etc.) 
• Sexually insulting noises 
• Using crude and offensive language 
• Discussing sexual activities, or exploits 
•  Inappropriate commenting on a person’s attributes 
• Displaying sexually suggestive objects, statements, graffiti, books, magazines, photographs, cartoons or pictures. 

Reporting Procedure 

Early reporting of sexually inappropriate behavior enhances the credibility of the complainant and facilitates the investigative process. The SECPID Board does not require a fixed reporting time or deadline; the sooner the better is preferred and immediately reporting is ideal. Complaints must be submitted in writing to one of the two SECPID Commissioners who are qualified as supervisors for implementation of this policy.  The authorized supervisors for SECPID are: Chairman Larry Horacek and Vice-Chairman Jessica Berthelot. 

Investigations

• The Chairman or Vice-Chairman will ensure all complaints are investigated. “Informal” complaints or requests to withhold investigation (unless or until a future occurrence) will be treated the same as a formal complaint and investigated immediately.
• The investigation will be thorough and include interviews with the complainant, the accused, witnesses and other individuals possessing relevant information. Records, logs, reports, photos, or other documentation pertinent to the complaint will be reviewed.
• The investigative process will be memorialized, thus requiring that all involved prepare written statements or provide verbal statements that will be recorded.
• Persons called upon to participate in the investigation are required to answer all questions truthfully and cooperatively. Commissioners do not have the option of remaining silent or declining to be involved.
• The investigative process will be conducted expeditiously and professionally, with appropriate emphasis on the rights of all involved.
• To the extent allowed by law, the investigative process will be conducted in a confidential manner, with only those in a need-to-know position involved. Commissioners who are called on to participate will be instructed that the complaint and all information provided during the investigation are to remain confidential.
•  Upon completion of the investigation, the Chairman will apprise the SECPID Board of Commissioners of the outcome and recommendations for resolution. The complaining Commissioner and accused will be apprised of the outcome of the investigation, with appropriate emphasis on the rights of all involved.

COMPLAINT RESOLUTION

Any Commissioner found, after appropriate investigation, to have engaged in sexually inappropriate behavior will be disciplined in accordance with applicable law.  In addition to corrective action, other appropriate measures, including follow-up inquiries and re-training, will be utilized to ensure that the inappropriate behavior does not recur. Regardless of the outcome, the complainant has the option of pursuing a claim under state or federal law.  Initiation of such a claim is not dependent upon the outcome nor completion of the SECPID Board’s administrative investigation. 

Annual Education Requirements

Each Commissioner shall receive a minimum of one hour of education and training on preventing sexual harassment during each full calendar year of a Commissioner's term of office.

Annual Reporting

SECPID will compile an annual report by February 1st  of the following information from the previous calendar year:

A. Number and percentage of Commissioners who completed at least one hour of training on preventing sexual harassment.

B. Number of sexual harassment complaints received:

1. The number which resulted in a finding that sexual harassment occurred.
2. The number of complaints in which a finding of sexual harassment resulted in discipline or corrective action.
3. The amount of time it took to resolve each complaint.

Non-Retaliation

Any employee making a good faith complaint of sexually inappropriate behavior will be protected from retaliation, reprisal and harassment. Likewise, any employee providing information or otherwise participating in the investigation of such a complaint will be protected from retaliation, reprisal and harassment.  If a complaint is made and the investigation reveals that retaliation, reprisal or harassment has occurred against a complaining Commissioner or anyone participating in the investigative process, then appropriate, severe disciplinary action will be taken.

QUESTIONS/COMMENTS

This policy shall remain available to Commissioners for review at all times on the SECPID website – www.secpid.org . Questions or comments concerning sexual harassment, sexually inappropriate behavior or the interpretation or enforcement of this policy should be addressed to the SECPID Chairman. 

Effective Date: 17 November, 2020

_________________________________

Greg Player

Chairman and Commissioner, SECPID