Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.94-031 - Reg. 226 - Sexual Harassment

Current through Register Vol. 49, No. 6, June, 2024
AR 3.15
		  - DCP
AR 226 - DOC
SEXUAL HARASSMENT
I.
AUTHORITY:
42
		  U.S.C. Section 2000e et seq.;
		  29 CFR 1604.11;
		  and Ark. Code Ann. Section §
								16-123-105(1).
II.
POLICY:
It is the policy of
		  this Agency to provide an environment where employees can work together
		  comfortably and productively, free from sexual harassment. Sexual harassment is
		  prohibited by state and federal law and will not be tolerated.
This policy applies to all phases of employment, including
			 testing, training, hiring, promotion, demotion, transfer, and
			 termination.
III.
APPLICABILITY:
All employees of the Department of Community Punishment
		  and Correction and agents thereof.
IV.
DEFINITION:
Sexual Harassment -
Unwelcome sexual
			 advances, requests for sexual favors, and other verbal or physical conduct of a
			 sexual nature constitute sexual harassment when:
1. submission to such conduct is made either
		  explicitly or implicitly a term or condition of an individual's
		  employment;
2. submission to or
		  rejection of such conduct by an individual is used as the basis - for
		  employment decisions affecting such individual; or
3. such conduct has the purpose or effect of
		  unreasonably interfering with an individual's work performance or creating an
		  intimidating, hostile, or offensive work environment.
V.
EXAMPLES OF PROHIBITED
		  BEHAVIOR:
1. Unsolicited and unwelcome
		  contact that has sexual overtones, including:
a. written contact, such as sexually
		  suggestive or obscene letters, notes, or invitations;
b. verbal contact, such as sexually
		  suggestive or obscene comments, threats, slurs, epithets, jokes about
		  gender-specific traits, or sexual propositions;
c. physical contact, such as intentional
		  touching, pinching, brushing against another's body, impeding or blocking
		  movement, assault, or coercing sexual intercourse; and
d. visual contact, such as leering or staring
		  at another's body, gesturing, or displaying sexually suggestive objects,
		  pictures, cartoons, posters, or magazines.
2. Continuing to express sexual or social
		  interest after being informed that the interest is unwelcome.
3. Using sexual behavior to control,
		  influence, or affect the career, salary, or work environment of another
		  employee.
4. Suggesting,
		  threatening, or implying that failure to accept a request for a date or sexual
		  intimacy will affect an employee's job opportunities or performance
		  reports.
5. Offering benefits, such
		  as promotion, favorable performance evaluations, favorable assigned duties,
		  shifts, or recommendations in exchange for sexual favors.
VI.
COMPLAINT PROCEDURE:
All complaints of sexual harassment or retaliation for reporting
			 such behavior shall be made pursuant to the established Agency grievance
			 procedure. The grievance procedure will be modified so that employees will not
			 be required to confront the person accused of sexual harassment alone. All
			 complaints shall be handled as confidentially as possible.
VII.
RETALIATION:
Any employee bringing a sexual harassment complaint will not be
			 adversely affected in terms and conditions of employment, or discriminated
			 against or discharged because of the lodging of a complaint.
VIII.
DISCIPLINE:
Any employee found to have violated this policy shall be subject
			 to appropriate disciplinary action, up to and including discharge.
			 invitations;