Purpose
The purpose of this document is to outline [enter-your-company-name-here]'s position on sexual harassment and to document the process that is to be followed should any grievances arise.
[enter-your-company-name-here] recognises that it is the right of every employee to attend work and to perform their duties without being subjected to any form of sexual harassment.
Equally it is the obligation and responsibility of every employee to ensure that the workplace is free from sexual harassment.
[enter-your-company-name-here] is fully committed to its obligations to prevent sexual harassment in the workplace and in customer relations.

Policy
[enter-your-company-name-here] will not tolerate sexual harassment under any circumstances. Responsibility lies with every Manager, Supervisor and employee to ensure that Sexual Harassment does not occur.
Most organisations are subject to both federal and state Equal Employment Opportunity (EEO) legislation, all of which provide that sexual harassment is unlawful.  [enter-your-company-name-here] considers that legislative obligations under the Acts establish minimum standards of behaviour for all employees.
The principles set out in this policy are intended to apply to any work-related context, including conferences, work functions, social events and business trips.
No employee at any level should subject any other employee, customer or visitor to any form of sexual harassment.
A breach of this policy will result in disciplinary action.  Depending upon the severity of the case, consequences may include apology, counselling, transfer, demotion, dismissal, or other forms of disciplinary action deemed appropriate.
[enter-your-company-name-here] strongly encourages any employee, who feels they have been the subject of sexual harassment, to take action. Such action may either be to make it clear that such behaviour is unwelcome and offensive, alternatively or in addition, to follow the procedures for reporting the behaviour.
Any reports of sexual harassment will be treated seriously and promptly; with sensitivity and complete confidentiality.

The complainant has the right; 
•	to determine how to have their complaint treated
•	to have support or representation throughout the process
•	to have the option to discontinue a complaint at any stage of the process.

The person who is alleged to have committed the sexual harassment also has the right to have support or representation during any investigation. They also have the right to respond fully to any formal allegations made. 
There will be no presumptions of guilt and no determination made until a full investigation has been completed.
No employee shall be treated unfairly as a result of having rejected unwanted advances.  Disciplinary action may be taken against anyone who victimises or retaliates against a person who has complained of sexual harassment, or against any employee alleged to have committed the offence.
All employees reserve the right to seek the assistance of the relevant tribunal or legislative body to assist them in the resolution of any concerns.
Managers or Supervisors who fail to take appropriate corrective action, when aware of harassment, will be subject to disciplinary action.

Definitions
Sexual harassment means any unwelcome sexual advance, unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature which makes a person feel offended, humiliated or intimidated, and where that reaction is reasonable under the circumstances.  Examples of Sexual 

Harassment may include but are not limited to:
•	intrusive enquires into an employee's private life
•	reference to their sexuality or physical appearance
•	unwanted body touching or physically molesting a person
•	standing too close
•	excessively lengthy handshakes
•	unwanted brushing against another’s body
•	indecent exposure
•	sexual assault
•	obscene, suggestive or offensive communications, including electronic mail
•	pornographic or offensive posters, handouts or screen savers
•	sexual jokes or anecdotes
•	leering or staring
•	unwanted sexual compliments or excessive flirting

Sexual harassment is not behaviour that is based on mutual attraction, friendship and respect.

Responsibility
It is Management's responsibility to ensure that:
•	they understand and are committed to the rights and entitlements of all employees to attend work and perform their duties, without fear of being sexually harassed in any form
•	all reasonable steps are made to eliminate sexual harassment
•	all employees and volunteers are regularly made aware of their obligations in relation to maintaining the workplace free from sexual harassment
•	they provide an environment that discourages harassment and victimisation and to set an example by their own behaviour;
•	EEO Contact Officers are appointed, trained and known to all staff 
•	they treat all complaints seriously and confidentially
•	they take immediate and appropriate corrective action if they become aware of any offensive action.

It is the Human Resources Department’s responsibility to ensure that:
•	guidance and education is provided, where requested and/or appropriate, to cases and subsequent decisions relating to sexual harassment
•	Managers are aware of their obligations and responsibilities in relation to sexual harassment, and the rights and entitlements of their employees
•	ongoing support and guidance is provided to all employees in relation to the prevention of sexual harassment.

Procedures

Complaint process
Sexual harassment may occur at any level of the organisation, may be experienced by both men and women and may involve a co-worker, Supervisor, Manager, service provider, client or customer.  
Lack of intent is no defence in cases of sexual harassment. 
Employees who believe that they are the subject of sexual harassment should take firm, positive and prompt action.
If deemed appropriate, the employee should make the person or persons aware that they find their behaviour offensive, unwelcome, unacceptable, and that it needs to stop immediately.  
If the behaviour continues, or if the employee feels unable to speak to the person or persons directly, they should contact their Supervisor/Manager.  Alternatively an employee may contact the Human Resources Department or another Manager that they feel comfortable with. 
The Manager will provide support, ascertain the nature of the complaint and the wishes of the complainant.  The complainant does not have to request a full formal investigation if they will be satisfied by less formal treatment of the issue.

Informal intervention
The Manager will explain the employee's rights and responsibilities under Company policy, procedures and EEO/anti-discrimination legislation.
Informal Intervention may be carried out through a process of mediation or conciliation. During Informal Intervention the respondent will be made aware of the allegations that have been made against them and then given the right to respond.
This procedure will be complete when the person, who committed the act of sexual harassment, respects the complainant's request to cease unwanted and unwelcome behaviour.  If this does not occur, the formal procedure should be followed.

Formal complaints procedure
Proceeding with a formal complaint requires the consent of the complainant, particularly as witnesses or senior Management may become involved. The formal procedure will be co-ordinated by either the Manager, who will be guided by the Human Resources Manager.  
The Human Resources Manager does not need to be appraised of the specific details of the sexual harassment case to provide this guidance.
The Manager should clarify the complaint and obtain a step by step account of the incident.  In serious cases, more than one interview may be necessary.
The Manager will document all such interviews accurately and avoid irrelevant information.  Relevant information will include parties involved, timing, location, and nature of conduct complained against.
Records shall be kept and filed in a confidential and secure place.  If no confidential area is available these notes may be sealed and forwarded to the Human Resources Department, where they will be maintained, unopened, in a confidential filing system.  These records should be kept for a period of seven years.  Under no circumstances will the records be placed on the complainant’s personnel file.

The Manager will organise an investigation, which in most cases may involve but is not be limited to:
•	a private interview to ascertain the facts and what the complainant expects to happen as a result of making the complaint
•	an interview with the person, who is alleged to have committed the sexual harassment, to ascertain their defence
•	interviews with other employees or individuals who may be able to assist
•	interviews with Supervisor(s) or Manager(s)
•	examination of any relevant documents
•	determination of previous behaviour or issues

The Manager should forward all evidence to the person conducting the investigation.  Such evidence may include:
•	supporting evidence provided by a medical practitioner, counsellor, family member, friend or co-worker
•	Supervisor reports and personnel records; for example, unexplained request for transfer or shift changes, sudden increase in sick leave
•	complaints or information provided by other employers about the behaviour of the person who is alleged to have committed the sexual harassment
•	records kept by the complainant
•	information as to whether the evidence was presented by the parties in a credible and consistent manner
•	information on the absence of evidence where it should logically exist

On completion of the investigation the complainant and the Manager will determine a course of action to be taken.  In most cases this will involve guidance from the Human Resources Department.

Possible course of action may include, but not be limited to, any combination of the following:
•	counselling
•	disciplinary action against the person who committed the sexual harassment; for example, demotion, transfer, suspension, probation or dismissal
•	official warnings that are noted in the personnel file of person who committed the sexual harassment
•	disciplinary action against the complainant if there is strong evidence that the complaint was vexatious or malicious
•	formal apology and undertaking that the behaviour will cease
•	conciliation/mediation conducted by an impartial third party where the parties to the complaint agree to a mutually acceptable resolution
•	reimbursing any costs associated with the harassment
•	crediting any leave taken as a result of the harassment.

Outcomes will depend upon factors such as:
•	the severity and frequency of the harassment
•	the weight of the evidence
•	the wishes of the person who was the subject of the harassment
•	whether the person who committed the sexual harassment could have been expected to know that such behaviour was a breach of policy
•	the level of contrition
•	whether there have been any prior incidents or warnings

The Manager will advise all relevant parties of the outcome.
If the investigation determines that sexual harassment has occurred, the Manager must forward a summary of the complaint and the action taken to the Human Resources Department.   
A copy may be placed in the personnel file of the person, who committed the sexual harassment, by the Human Resources Department in accordance with Performance Counselling procedures.

If there is insufficient proof to determine whether or not the harassment occurred, the Manager will:
•	remind those involved of expected standards of conduct
•	conduct further training and awareness raising sessions for staff
•	monitor the situation carefully

The Manager will monitor the outcome to ensure that the offensive behaviour has ceased, and that neither party has been victimised; this may involve follow-up interviews.  If there has been any substantiated victimisation, disciplinary procedures will be followed.

Procedures for dealing with criminal conduct
Some forms of severe sexual harassment, such as sexual assault, stalking, indecent exposure, physical molestation and obscene phone calls, may constitute criminal conduct.  While [enter-your-company-name-here] is committed to treat most sexual harassment complaints at a company level, criminal conduct is not suited to internal resolution.  
Such complaints should be treated by the criminal justice system.
Alleged criminal offences such as rape or sexual assault, must be referred to the Human Resources Department.  Employees shall be advised of the option of police support or intervention.  The company does not have the obligation or duty to report such matters to the police on behalf of the complainant.