This policy is to be tracked with redlines and comments in order to compare to the original. All comments need to be allocated to the author. If there any substantive changes the policy will be reviewed again at a subsequent board meeting until majority is met. A final decision on this policy needs to be made by the April 2015 meeting in order to be timely.
GENERAL AND/OR SEXUAL HARASSMENT
The MCRCD is committed to providing a safe, positive working environment for everyone. Therefore, discrimination or harassment in any form is an unacceptable behavior and will not be tolerated. In general, harassment is any conduct that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Harassment is defined to include: participating in coercive or repeated, unsolicited and unwelcome verbal comments or gestures; or using implicit or explicit coercive behavior in the process of conducting business, or to control, influence or affect the career, salary or job of an employee.
Harassment includes such unwelcome behavior as: verbal abuse; insults; suggestive, demeaning or degrading comments; jokes; notes or picture displays alluding to race, religion, color, gender, sexual orientation, national origin, ancestry, age, marital status, veteran status or disability. Harassment may also take the form of physical aggressiveness, threats or other intimidating behaviors.
Reporting, Counseling and Investigative Procedure
Employee Action: Many persons are not aware that their behavior is offensive or potentially harassing. Often simply advising someone of the offensive nature of his or her behavior will resolve the problem. Whenever possible, employees should inform the harasser that his or her behavior is unwelcome, offensive, in poor taste or highly inappropriate. If this does not resolve the concern or if the employee in any way feels uncomfortable, or has difficulty expressing his or her concern, assistance or counseling should be sought from the President of the Board, or another MCRCD Board Member. Employees may start the process by informing the President of the Board or another Board Member either verbally or in writing.
Open Door Policy: An employee or employment applicant who feels that he or she has been harassed is strongly encouraged to bring the matter to the attention of the
President of the Board or another MCRCD Board Member (designee).

1.
The person receiving the report shall prepare a written report within three (3) working days. The report shall include the following: a.
what happened b.
when it happened c.
where did it happen d.
who is the alleged harasser e.
who is the alleged victim f.
who were the witnesses g.
comments of the victim h.
other comments
2.
The report shall be given to the President of the Board or other designee who shall cause the complaint to be investigated. In cases where it is feasible, the
MCRCD Personnel Committee should proceed with this investigation through its conclusion. When this is not possible, the complaint may be investigated by the President of the Board, or another Board Member individually, or an independent third party as determined by the MCRCD.
3.
Within ten (10) days the investigator(s) shall provide a written report of the investigation to the President of the Board. In cases where the President of the
Board or another Board Member(s) may be a party to the offense, a Board
Member or Employee may seek the advice of County Counsel as aligned below under “Investigation”.
4.
The President of the Board or designee (i.e. another Board Member) shall notify the person making the complaint of the results of the investigation subject to the provisions of California law. The person making the complaint also has the right, at any time, to pursue any other courses of action allowed by state and federal laws or these policies.
Investigation
All inquiries and/or complaints, except in the case of those directed against the
President of the Board or the MCRCD Board, will be investigated promptly under the direction of the President of the Board. An investigation will be conducted in as confidential a manner as is compatible with a thorough investigation of the complaint. Any inquiries and/or complaints involving a member of the MCRCD
Board or the President of the Board shall be referred to a neutral outside consultant for investigation and recommendation. In such case, the complainant and/or the subject of the complaint/inquiry shall be allowed a confidential consultation (1 hour) with County Counsel under the terms of the existing MOU between County
Counsel and the MCRCD for such consultations or legal advice deemed appropriate under said agreement.

Appropriate corrective action(s), if any are determined to be necessary, will be at the discretion of County Counsel in conjunction with the President of the Board except in instances where the President of the Board or the Board as a whole are at question.
In such cases, a single board member may act as a liaison under advisement from
County Counsel to relay information regarding corrective action(s) to the Board, and where applicable the Board in turn will advise employee/complainant. In such case, the subject of the complaint/inquiry shall not participate in decisions regarding appropriate corrective action, if any, unless specifically asked to do so by County Counsel or the Board as a whole.
A non-employee (or Board Member) who subjects an employee to sexual harassment or other forms of harassment in the workplace will be informed of the harassment policy by the President of the Board; or in cases where the President of the Board or Board are implicated; by County Counsel. Other action also may be taken as appropriate.
Disciplinary Action
The MCRCD will enforce disciplinary action against any person that engages in general harassment, as defined in the first two paragraphs above, or sexual harassment or who threatens or insinuates, either explicitly or implicitly, that a person's refusal to submit to sexual advances will adversely affect the person's employment, evaluation, wages, advancement, asigned duties, shifts, or any condition of employment or career development. This disciplinary action may include suspension, and/or transfer, demotion and can include termination. These same conditions apply to general harassment.
Given the nature of the type of discrimination, the MCRCD also recognizes that false accusations of harassment can have serious effects on innocent men and women. Therefore, false accusation will result in the same disciplinary action applicable to one found guilty of harassment.
Corrective Action(s)
1.
First Action/Verbal Warning: action will be a verbal warning about the unacceptable behavior of the employee or Board member. Discussion between Personnel Committee and the offender on how they are expected to improve their work behavior, the time frame for improvement, and a clear understanding of the ramifications if they do not improve.

2.
Second Action/Written Warning: action will be a written warning which clearly indicates the unacceptable behavior of the offender presented by the
Personnel Committee who will discuss how the offender is expected to improve their behavior, the time frame for improvement, and a clear understanding of the ramifications if they do not improve. The Board of
Directors will be notified within twenty-four hours (24) of an issuance of a written warning.
3.
Third Action/Written Report and Disciplinary Action
Disciplinary action is taken, based on the severity of the problem and the needs of the District. Disciplinary action may be suspension, termination or dismissal of the offending employee or Board Member and a special meeting will be called to make a decision at the discretion of the Board of Directors.
No Retaliation
Retaliation against any employee for complaining of or reporting harassment or for assisting in providing information relevant to a claim of harassment made by a fellow employee is strictly prohibited and a violation of this policy.