Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.01-003 - AR 226 (ADC)/ AR 3.15 (DCP) - Sexual Harassment

Current through Register Vol. 49, No. 6, June, 2024
AR 3.15 - DCP
AR 226 - DCP
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
:
Employees of the Departments 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
:
The Departments shall establish procedures by which complaints
			 may be resolved.
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.
Board Approval Date: 11/16/00
Reference:
Effective Date: March
			 25,2001