Admin 16 - 34A Flashcards
(430 cards)
What does ADM-16 have to do with?
Notifying prosecuting agencies regarding Evidence
What is ADM – 17 have to do with?
Employee evaluation system or EES
What is ADM – 18 have to do with?
Unlawful harassment, sexual harassment and discrimination.
ADM-18 What does HIU stand for?
Harassment investigation unit
Who is the sexual-harassment officer for the department?
The division commander of standards and training
What is not covered under ADM-18?
This policy does not address conduct, conflicts, or disagreements addressed through the chain of command. Also internal complaints or concerns which do not relate to a protected class or sexual-harassment. These will be covered under ADM-14 Personnel Investigations or SUP–12 Office of Ombudsman
ADM-18 Who is a harassment investigation officer? And who shall assign this position?
The harassment investigation Officer shall be a commission officer assigned by the Colonel and Shall report to DST.
Where shall all complaints for unlawful harassment, sexual harassment or discrimination be forwarded to?
I’ll complain shall be forwarded to HIU.
Upon receipt of a complaint what shall HIU do?
They shall perform intake, may make recommendations for various avenues of resolutions.
If the HIU determines investigation is required what shall happen?
The complaint shall be forwarded to the commonwealth human resources divisions investigation center of expertise for investigations and findings.
ADM-18 What is COE?
Investigations Center of expertise. Falls under the commonwealths human resources division
ADM-18 What do you need to know about HIU investigations?
They shall remain confidential. All supervisors shall immediately report incidents of unlawful harassment, sexual harassment or discrimination to HIU.
ADM-18 What does discrimination defined as?
The unequal an unlawful treatment of persons in employment related decisions because of race, color, creed, national origin, age, 40 or older, sex, including pregnancy, gender, identity, or expression, sexual orientation, genetic information, ancestry, handicap, or disability, protected, veteran status, and or other protected classes under law.
ADM-18 What is unlawful harassment defined as?
Unwelcomed conduct based on color Creed religion etc.
ADM-18 When does harassment become unlawful?
When enduring offensive conduct becomes a condition of continued employment -conduct is severe or persuasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
ADM-18 What are some examples of unlawful harassment?
Offensive jokes, slurs, name-calling, or other derogatory comments.
- Physical assaults or threats, intimidation, ridicule or mockery, insults or put downs, or our other verbal or physical conduct that shows hostility.
- Objects, photographs, images, or demeaning gestures connected to an individual’s membership in a protected class.
ADM-18 How is sexual-harassment defined?
-Unwelcome sexual conduct such as sexual advances, request for sexual favors, and or other verbal or physical conduct of a sexual nature when:
A) submission or rejection of sub such advances is made a term or condition of employment, (“quid pro quo” or this for that)
B) such advances have the purpose or effect of unreasonably interfering with work performance.
C) Such advances have the purpose or effect of creating intimidating, hostile, humiliating, or sexually offensive work environment.
ADM-18 What does it important to note about sexual harassment definition’s?
It is not necessary to meet the threshold of sexual harassment as defined by law to be considered a violation of this policy.
ADM-18 What are some examples of sexual harassment?
- Direct sexual advances or assaults
- Sexual inquiries, or jokes
- Derogatory comments about person sex, sexual orientation or gender identity or expression
- Whistling or cat calling
- Offensive or unnecessary touching, pinching, patting
- Display of sexually suggestive posters, photographs, or objects
- And employee receiving job benefits for sexual favors (quit pro quo)
Who can victims of sexual harassment be?
Person of same or different gender,
Is third person who is not intended as a target with the sexual harassment or conduct. Basically can be either gender or any employee in certain circumstances some people who are not employees
What may be some of the liability and sanctions?
Employees may be personally liable if they engage in unlawful harassment, sexual harassment or discrimination. An employee found to have engaged in these behaviors is subject to disciplinary action up to and including termination. Supervisors may be personally liable if they knew or should’ve known about incidents and did not take appropriate corrective actions. The department may not be held responsible if they can show that they took prompt inappropriate corrective action.
What are the complaint procedures for unlawful harassment, sexual harassment and discrimination under ADM – 18?
- Notify your supervisor who will then assist and reporting the complaint to HIU
- Fax a copy of SP387 unlawful harassment, sexual harassment and discrimination complaint form directly to HIU
- Forward the original SP387 to HIU
- Report complaint to the director of human resources Who shall forward it to HIU
- Report complaint to the diversity office of the office of diversity an equal opportunity who shall then forward it to HIU
- Report complaint to the chief legal counsel who shall then forward to HIU
What shall HIU do when a complaint is sent to them?
- HIU shall promptly:
- Respond to the complaint
- Review complaint
- Determine if an individual is a member of a protected class
- Determine if the contact meets the definition of harassment discrimination
- Perform an intake and may make recommendations
- If HIU determine an investigation is required complaint is forwarded to Commonwealth human resources division’s COE(Center of Expertise).
- If possible ensure interviews by HIU digitally recorded
- Consult procedures outlined Within the department resolution process as outlined in affirmative action plan
- Make a report of findings and Forward the report to the DST Commander
Once HIU completes confidential reports what will happen?
Reports will be made available for inspection to complaintants And persons alleged to have committed unlawful harassment upon request.