AVOYELLES PARISH SHERIFF’S OFFICE

Procedural Order

Discrimination and Harassment Complaint Procedure

Effective Date: 7/1/2008

Revised Date: 12/21/2023

PURPOSE

The purpose of this procedure is to establish a uniform policy for the reporting,

investigation and review of incidents involving discrimination and harassment

involving Avoyelles Parish Sheriff's Office employees.

INTRODUCTION

Discrimination in employment against protected classes of people.

• Employees wishing to file a complaint of discrimination or harassment may

utilize any or all the procedures listed in this Complaint Procedure. Complaints

not alleging discrimination or harassment should be pursued through the internal

Three Step Grievance Procedure.

• Use of this Complaint Procedure does not preclude any employee from seeking

recourse through the appropriate state or federal agencies at any time. (See

Section, Reporting to an Agency). Therefore, if an employee wishes to file a

complaint of discrimination or harassment, he/she has the following options:

- File an internal complaint pursuant to this internal Discrimination and

Harassment Complaint Procedure;

-File a complaint directly with the Louisiana Commission on Human

Rights (LCHR) or the Equal Employment Opportunity Commission

(EEOC);

PROHIBITED CONDUCT

To ensure that all of our workers enjoy a working environment free from

harassment and discrimination, we prohibit any person from harassing or

discriminating against any employee or other worker because of race, color, sex

(whether or not sexual in nature), pregnancy, religion, national origin, age,

disability, veteran status, protected activity (such as opposition to prohibited

discrimination or participation in the statutory complaint process) or any other

basis prohibited by law. Prohibited conduct includes but is not limited to:

• Making decisions relating to a person's employment, evaluation, wages,

advancement, assigned duties, or any other conditions of employment

based on race, color, religion, sex, pregnancy, national origin, age,

disability, veteran status, protected activity or any other basis prohibited

by law.

• Making offensive or derogatory statements, comments, slurs or gestures

because of a person's race, color, sex, pregnancy, religion, national

origin, age, disability, veteran status protected activity or any other basis

prohibited by law.

• Engaging in any other verbal or non-verbal behavior of an offensive or

derogatory nature, because of a person's race, color, sex, pregnancy,

religion, national origin, age, disability, veteran status, protected activity

or any other basis prohibited by law.

• Unreasonably interfering with work performance or creating an offensive

or intimidating working environment because of a person's race, color,

sex, pregnancy, religion, creed, national origin, age, disability, veteran

status, protected activity or any other basis prohibited by law.

• Engaging in unwelcome: flirtation, sexual advances, requests for sexual

favors, propositions, and other verbal or physical conduct of a sexual

nature, or displaying sexually suggestive objects, pictures or drawings, or

inappropriate E-mails.

• Conditioning a person's employment, evaluation, wages, advancement,

assigned duties, or any other condition of employment upon his or her

submission to sexual advances.

RETALIATION IS PROHIBITED

We prohibit retaliation against any individual who reports discrimination or

harassment, participates in an investigation of a complaint under this policy or

who otherwise acts to enforce or uphold this policy. Retaliation is a serious

violation of this policy and will be subject to appropriate disciplinary action, up to

and including dismissals. If you feel you are being retaliated against in violation

of this policy, please follow the complaint procedures outlined below. We cannot

take action to stop such behavior if we do not know about it. In the same manner,

false accusations have a damaging effect on the accused and will not be tolerated.

The act of making false accusations may lead to disciplinary actions. Questions

From A.P.S.O. employees regarding this procedure, should be addressed to the

Division Commander from within the division which the employee is assigned.

INDIVIDUALS AND CONDUCT COVERED

This policy applies to all applicants, employees and other workers. The Avoyelles

Parish Sheriff’s Office prohibits discrimination, harassment and retaliation by any

person, including but not limited to; supervisors, managers, co-workers, or non-

employees, such as vendors, consultants, clients or customers. Conduct prohibited

by these policies is unacceptable in the workplace and in any work-related setting

outside the workplace, such as business trips, business meetings, and business-

related social events.

REPORTING AN INCIDENT OF HARASSMENT, DISCRIMINATION OR RETALIATION

• The Department requires you to report all incidents of discrimination,

harassment, or retaliation, regardless of the offender's identity or position. If you

feel you have been harassed or discriminated against, please follow the

procedure in Section, Reporting Procedures. Likewise, if you believe you have

witnessed behavior that violates this policy, regardless of whether the behavior

was directed at you, please immediately report the incident by following the

same procedure outlined below.

• Early reporting and intervention have proven to be the most effective method of

resolving actual or perceived incidents of discrimination, harassment or

retaliation. We cannot remedy a problem unless we know about it. Therefore,

while no fixed reporting period has been established, we strongly urge you to

report all incidents and concerns immediately so that rapid and constructive

action can be taken.

• Important notice to all employees: Employees who have experienced conduct

they believe is contrary to this policy have an obligation to take advantage of this

complaint procedure. Failure to fulfill this obligation could affect your rights in

pursuing legal action.

REPORTING PROCEDURES

• The Department requires anyone who feels he/she has been a victim of

discrimination or harassment to report such incidents to the Chief Deputy who

serves as a neutral party in investigating the facts and circumstances of any

allegation. The Chief Deputy is a person officially designated and authorized to

conduct inquiries into equal employment opportunity complaints. The Chief

Deputy will conduct investigations as he sees fit. In the event that the Chief

Deputy is absent from duty, the Deputy Chief of Operations shall be designated

to act in his place for the length of the absence.

• If the Chief Deputy feels that the complaint would be better handled by another

individual, the Chief Deputy may seek the permission of the Sheriff to have

another investigating officer assigned to investigate the complaint. The assigned

investigating officer shall initiate an internal investigation. Complainants are

urged to report incidents as soon as possible, since a delay in reporting may

make it difficult to gather appropriate information and documentation.

• All complaints of harassment, discrimination and/or retaliation will be promptly

and thoroughly investigated. A clear written statement from the Complainant

assists the Chief Deputy in conducting the investigation and will be requested by

him. The investigation may include individual interviews with the parties

involved and, where necessary, with individuals who may have observed the

alleged conduct or who may have other relevant information. All employees

must cooperate fully during the investigation and provide all relevant

information concerning the investigation. The alleged offender should be

contacted during the investigation. Confidentiality will be maintained throughout

the investigation process to the extent possible and to the extent consistent with

our duty to prevent and correct harassment, discrimination and retaliation.

• An EEO Committee, whose purpose will be to review the findings and/or

recommendations of the Chief Deputy, will be appointed by the Sheriff and shall

be comprised of three members. Once the Chief Deputy or investigating officer

concludes the investigation, he will issue a fact-finding report, a preliminary

finding, or recommendation concerning the complaint, which will be provided to

the EEO Committee within a reasonable time after the conclusion of the

investigation, but not to exceed three (3) months, unless there are exigent

circumstances for the delay. The length of time spent by the Chief Deputy or

Investigating Officer in investigating the complaint, will depend on the severity

of the allegations, the number of persons to be interviewed, and general

availability of witnesses. Once the EEO Committee has received and reviewed

the Chief Deputy's report, findings or recommendation, the Committee will

determine whether there is reason to believe discrimination has occurred and

what, if any, action or remedy should be taken. The EEO Committee will then

submit a report to the Sheriff, who in tum will decide whether to affirm, reject,

or modify the EEO Committee's recommended actions. Should a decision be

made that the complaint does not warrant a finding of discrimination, the

complaining employee may file a charge with either the EEOC or LCHR. (This

option does not preclude, however, the requisite time requirements set by each

agency). The EEO officer will be responsible for maintaining all records and

documentation of each investigation for at least 2 years.

REPORTING TO AN AGENCY

• If you believe you have been discriminated against or harassed and want to file a

complaint, you have the right to file a complaint directly with either:

Louisiana Commission on Human Rights

(LCHR)

Post Office Box 94094

1001 North Twenty-Third Street,

Administrative Bldg., Rm. 262

Baton Rouge, Louisiana 70804

(225) 342-6969

Equal Employment Opportunity Commission (EEOC)

New Orleans Field Office

1555 Poydras Street, Suite 1900

New Orleans, Louisiana 70112

(504)595-2826

• A charge of discrimination in employment must be filed with the LCHR within

180 days or with the EEOC within 300 days of the alleged discriminatory act.

Filing a complaint through the internal procedure does not extend the deadline

for the internal procedure for filing a separate charge with the LCHR or the

EEOC. Employees wishing to file a complaint should contact those office's

directly within the requisite time limits.

SUPERVISOR’S RESPONSIBILITIES

• Any supervisor who receives a complaint of harassment, discrimination or

retaliation shall:

-Refer the complainant to the mandatory reporting procedures

-Instruct the complainant to continue to work

-Take steps to ensure that the complainant is not subjected to further

harassment, discrimination or retaliation. The complainant must not be

required to do anything other than report the alleged violation, cooperate

fully in the investigation and provide all relevant information concerning

the investigation.

-Advise the complainant that if future violations occur, he/she is to

directly inform the violator that the conduct is unwelcomed and must

stop, and further, to report the new violations in accordance with

established Reporting Procedures.

-Document the complaint

-If applicable, advise the violator to remove any offensive material

-Notify the appropriate Division Commander of the complaint and

forward a copy of the documentation to the Chief Deputy.

SEXUAL HARASSMENT POLICY

The Avoyelles Parish Sheriff's Office and all its employees and elected officials shall comply with Louisiana State Law in regards to Sexual Harassment, specifically, R.S. 42:342. This includes both reporting any sexual harassment and actions that can and cannot be taken against those to be reported and those reporting the actions in question.

It is the belief of the Avoyelles Parish Sheriff's Office that its employees are the primary means by which the goals and objectives of the Avoyelles Parish Sheriff's Office will be met. All employees of the Avoyelles Parish Sheriff's Office must understand its position on harassment. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, physical or inappropriate conduct of a sexual nature when the conduct explicitly or implicitly affects an individual’s employment or the holding of office, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment and discrimination in the workplace are prohibited by federal law through the Civil Rights Act of 1964 and by state law through La. R.S. 23:301 et seq. These laws prohibit both quid pro quo harassment, which arises when consent to sexual demands is made an express or implied condition of employment, and hostile work environment harassment, which arises when the workplace is permeated with discriminatory intimidation, ridicule or insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and created an abusive working environment.

Sexual harassment may be defined as unsolicited, offensive behavior that inappropriately asserts sexuality over employees including but not limited to the following

Verbal: Sexual innuendos, suggestive comments, threats, sexual humor
Non-Verbal: Leering, whistling, obscene gestures, showing inappropriate images
Physical: Touching, brushing the body, coerced sexual activity, assault, impeding egress or passage

Sexual harassment and discrimination in the workplace shall not be tolerated and Avoyelles Parish Sheriff's Office will take appropriate action to end any such harassment and/or prevent the recurrence of any such misconduct.

If a person’s behavior makes an employee uncomfortable, the employee should feel free to immediately advise the person that, in the employee’s opinion, the behavior is inappropriate, and that the employee would like it stopped.

Any employee of Avoyelles Parish Sheriff's Office may file a complaint of sexual harassment. Any employee who believes he or she has been subjected to unlawful sexual harassment or has been retaliated against for reporting such activities or assisting in a related investigation of such activities, must report the alleged act immediately or as soon as possible. It is not necessary for an employee to complain to an offending supervisor in order to report sexual harassment. If, for whatever reason, the employee does not feel that the persons named in this paragraph are suitable persons to whom to report the incident, the employee should contact the Sheriff or his designee.

Whether or not a particular incident is sexual harassment requires a complete factual investigation, the Avoyelles Parish Sheriff's Office will conduct such investigations on all complaints in a manner so as not to cause any serious effect on innocent employees who either file a complaint and/or may be the subject of a filed complaint. In all instances, a prompt and thorough investigation will take place, giving careful consideration to protect the rights and dignity of all persons involved.

It is mandatory that all parties to an allegation of sexual harassment participate in the investigation of the incident, and cooperation in the investigation of claims of harassment is an express element of each employee’s employment with the Avoyelles Parish Sheriff's Office. The Avoyelles Parish Sheriff's Office will take those steps it feels necessary to resolve the problem, which may include verbal or written reprimand, suspension or termination.

The Avoyelles Parish Sheriff's Office will investigate by gathering information, in as confidential a manner as possible, given the need to investigate the complaint, from all concerned parties, and it will not retaliate against any employee as a result of reports of alleged harassment or cooperation with any investigation. The Avoyelles Parish Sheriff's Office may consult its legal representative for assistance in determining whether conduct that has occurred does in fact constitute sexual harassment.

The Avoyelles Parish Sheriff's Office may also make subsequent inquiries from time to time to ensure offensive conduct does not resume and/or that the subject of harassment has not suffered any retaliation.

No retaliation of any kind will be tolerated because an employee in good faith reports an incident of suspected harassment. The supervisor, or other person to whom the complaint was made, will work to establish mutually agreed upon safeguards against retaliation while attempting to mediate any sexual harassment complaint.

Any employee, manager, or supervisor found by the Parish to have unlawfully sexually harassed, or unlawfully retaliated, against another employee will be subject to appropriate discipline, up to and including termination. If any employee, manager or supervisor is found by the Avoyelles Parish Sheriff's Office to have intentionally made a false allegation of sexual harassment, that individual will be subject to appropriate discipline, up to and including termination.

Regardless of the outcome of the investigation by the Avoyelles Parish Sheriff's Office, a complainant may pursue a claim under state and/or federal law.

MANDATORY SEXUAL HARASSMENT TRAINING

Pursuant to Louisiana Revised Statute 42:343, each elected official and each public servant is required to receive a minimum of one hour of education and training on preventing sexual harassment during each year of his public employment or term of office, as the case may be. Additionally, the parish will comply with the State laws of the mandatory reporting of those who have and have not completed their training per year (R.S. 42:344).

Mandatory Sexual Harassment Training

Avoyelles Parish Sheriff's Office Sexual Harassment Policy

Sexual harassment may be defined as unsolicited, offensive behavior that inappropriately asserts sexuality over employees including but not limited to the following

Verbal: Sexual innuendos, suggestive comments, threats, sexual humor
Non-Verbal: Leering, whistling, obscene gestures, showing inappropriate images
Physical: Touching, brushing the body, coerced sexual activity, assault, impeding egress or passage

Regardless of the outcome of the investigation by the Avoyelles Parish Sheriff's Office, a complainant may pursue a claim under state and/or federal law.