Although repeated occurrences generally create a stronger claim, a single occurrence may constitute sexual harassment. Sexually-related conduct may form the basis of a sexual harassment claim if a reasonable person would consider it sufficiently severe or pervasive to interfere unreasonably with employment performance. Sexual harassment most often occurs when one person has actual or apparent power or authority over another, but that is not always the case. Sexual harassment may occur between males and females and between persons of the same gender. Violation of Policies and Laws Against Discrimination - Sexual harassment violates OCHE's policy against discrimination on the basis of sex.
Sexual harassment is also illegal.
Claims of Sexual Harassment - A claim under this policy may be brought by an administrator acting on behalf of OCHE, by a staff member, or by a participant in OCHE services based on the conduct of any OCHE employee that is related to or in the course of OCHE business. Once informed, the supervisor, director, or associate commissioner shall consult with the HR office as appropriate. Similarly, the HR office shall advise as appropriate the supervisor, director, or associate commissioner of any complaints of sexual harassment received concerning a member of his or her staff. Thus the charge of sexual harassment is not to be taken lightly by a charging party, an accused party, or any member of OCHE's staff. A person who knowingly and intentionally files a false complaint under this policy may be subject to possible disciplinary action as described in R964 .