Appendix H -- Prohibition of Sexual Harassment
It is agreed by the Employer and the Association that all employees have a right to a workplace free of verbal and/or physical sexual harassment, "sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or communication of a sexual nature when:
1) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment; or
2) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; or
3) That conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile, or offensive employment environment; and the Employer knows or should know of the existence of the harassment and fails to take timely and appropriate action.
Sexual harassment complaints shall be processed pursuant to the Appointing Authority's affirmative action complaint procedure. The Employer agrees that all agency complaint procedures for sexual harassment shall be opened to Association participation unless the complaining employee requests in writing that the Association not be notified. The complainant shall have the right to Association representation. The Agency Affirmative Action Officer/Designee shall inform the complaining employee of this right, and any employee waiving this right must do so in writing. Further, the Employer and Association agree that agency complaint procedures covering sexual harassment are modified to include these additional requirements:
1) When a complaint of sexual harassment is initiated, a notice of a complaint in progress shall be sent by the affirmative action officer to the Association unless the complaining employee requests that the Association not be notified. If in filing a complaint an employee states that she/he is unable to function in the worksite from which the complaint arose, the Appointing Authority shall conduct a preliminary investigation within two (2) calendar days or reasonable extension thereof. If this preliminary investigation establishes that a reasonable basis for the employee's concern about continuing in the work situation exists, the Appointing Authority shall take intervening action to defuse the situation which may include temporarily reassigning either party until such time as the complaint is fully investigated, there is a finding, and corrective action, if required, is implemented.
2) Within the time limits set forth in the affirmative action complaint procedures, but not to exceed thirty (30) days, the Appointing Authority shall conduct a full investigation and prepare a report along with designated actions to be taken to remedy the complaint. If the complaining employee has not waived the Association's involvement in the complaint, the Association's representative as well as the complainant shall be provided a written summary of the finding and resolution. The Association and Employer agree that reprisal against the complaining employee or a witness is prohibited. The provisions of this Appendix are not subject to the provisions of Article 9 of the Master Agreement between the Association and the Employer except that the Association may grieve the initial implementation of the complaint procedure found in the Appendix.
Unresolved complaints may be filed with the Minnesota Department of Human Rights within one year of the occurrence of the alleged harassment.
Nothing herein shall be construed as limiting in any way an employee's right to file a charge of sexual harassment with the Minnesota Department of Human Rights, the Federal Equal Employment Opportunity Commission, or an appropriate court.