GO 300-11 DISCRIMINATION, HARASSMENT, AND OTHER PROHIBITED CONDUCT

Question 1

Alternative Dispute Resolution (ADR) Unit.

Answer 1

The departmental unit overseeing the Employee Relations Section (ERS) section.

Question 2

CIO

Answer 2

The Central Intake Office of the Internal Affairs Division

Question 3

Class I Violations

Answer 3

Actions that are more than mere offensive utterances or displays of discriminatory or sexually suggestive materials. Class II violations involving aggravating factors (e.g., supervisory status of the respondent over the complainant or a previous sustained disparate treatment, workplace harassment, sexual harassment, or retaliation complaint) shall be sent as Class I violations to Internal Affairs Division for formal investigation

Question 4

Class II Violations

Answer 4

Actions that are only offensive utterances or displays of discriminatory or sexually provocative material and are eligible for informal resolution.

Question 5

Employee Relations Section (ERS)

Answer 5

The section of the ADR Unit that has the primary responsibility for immediately determining, initiating, and creating a shielding plan for employees reporting prohibited conduct.

Question 6

For conduct to be considered discrimination (e.g., disparate treatment, workplace harassment),
it must involve misconduct based on at least one of the following protected categories:

Answer 6

a. Race
b. Color
C. Gender and/or gender identity
d. National origin
e. Religion
f. Pregnancy
g. Age
h. Disability
i. Sexual orientation
j. Genetic information

Question 7

Disparate treatment is when an employee of a protected category is treated less favorably than
others and such actions are motivated by a discriminatory intent or purpose for taking a job-related action. Disparate treatment takes place when all of the following occur:

Answer 7

a. The employee is a member of a protected category listed in section 1.
b. The employee is qualified for a position or other job benefit. For example, the employee
applied for an open position for which he was qualified, or the employee held a position that
he was performing adequately.
c. The employee is denied the position or other job benefit.
d. The benefit remains available or was given to someone who is not in the employee’s protected category.
e. The employment action was motivated by a discriminatory intent or purpose.

Question 8

Workplace harassment is any demeaning, hostile, or offensive conduct. For conduct to be
workplace harassment, a// of the following must be true:

Answer 8

a. The conduct is based on a protected category.
b. The conduct is unwelcome.
c. The conduct is severe or pervasive enough to create a work environment that a reasonable
person would consider intimidating, hostile, or abusive.

Workplace harassment may be in the form of words, images, deeds, or actions.

Question 9

Sexual harassment includes, but is not limited to, unwelcome sexual advances, unwelcome
requests for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature, or
unwelcome displays or distribution of sexually-oriented material. For conduct to be sexually
harassing, at least one of the following must be true:

Answer 9

a. Submission to such conduct is either an explicit or implicit condition of employment.
b. Submission to or rejection of the conduct by an employee is used as the basis for an
employment decision affecting the employee.
c. The conduct has the purpose or effect of unreasonably interfering with an employee’s work
performance.
d. The conduct is severe or pervasive enough to create a work environment that a reasonable
person would consider intimidating, hostile, or abusive.

Question 10

The following examples, if deemed not to rise to the level of discrimination, sexual harassment,
or retaliation as defined above, may constitute prohibited workplace conduct:

Answer 10

a. Sexually based flirtations, advances, leering, whistling, or propositions.
b. Physical contact, including touching, grabbing, pinching, or massaging.
c. Sexually oriented communications regarding sexual history, sexual experience, or sexual
desires.
d. Threatening, either directly or indirectly, to retaliate against an employee who refuses to
comply with or submit to a request of a sexual nature.
e. Withholding employment opportunities from an employee because a supervisor has chosen
to provide those opportunities to another employee with whom the supervisor is sexually
involved.
f. Conduct of a sexual nature that is inappropriate in a professional work environment. This
includes either of the following:
1. Conduct of a sexual nature that is objectively offensive but does not meet the legal
definition of sexual harassment.
2. Conduct of a sexual nature that is consensual between two or more parties but is
nonetheless inappropriate in a professional work environment.
g. Verbal conduct such as insults, jokes, names, epithets, statements, or stories that are lewd,
demeaning, derogatory, or objectively offensive
h. Nonverbal conduct of a sexual nature, including exposing oneself, touching oneself, or
making sexual gestures.
i. Graphic verbal comments about an individual’s body, bodily function, sexual prowess, sexual
deficiencies, or sexual orientation.
j. Inappropriate conduct or comments consistently or frequently aimed at a person or group
based on a protected category.
k. Displays in the workplace of written or graphic materials showing hostility or aversion towards
or defamation of a protected category. Examples include, but are not limited to, computer
generated or transmitted documents such as email depicting any message or image
derogatory or demeaning toward a protected category. This includes jokes, pictures, screen
savers, or other similar publications.
I. Use of electronic equipment including, but not limited to, computer networks, cellular
telephones, or copy machines to transmit or display objectively offensive material of a sexual
nature.
m. Deliberately sabotaging work areas or projects and/or deliberately withholding information or
equipment necessary for an individual to perform his or her job.
n. Failure of an employee who witnesses disparate treatment, workplace harassment, sexual
harassment, retaliation, or other prohibited workplace conduct to report the conduct.

Question 11

All employees shall keep their relationships with one another on a professional level and shall
not date or have intimate relationships with individuals to whom he or she reports, directly or
indirectly, or to whom report, directly or indirectly, to him or her. For example:

Answer 11

a. An employee and supervisor who are assigned to the same division, office, or unit are
prohibited from dating or having an intimate relationship.

b. Assistant chiefs, executive assistant chiefs, and directors are prohibited from dating or having
an intimate relationship with any employee who works in their command.

Question 12

However, employees should be aware that confidentiality does not mean that incidents of
prohibited conduct discussed with ______will not be reported.

Answer 12

supervisors

Question 13

Employees who hold the _____rank and have a marital-type or other familial relationship with
each other or share a residence are allowed to work at the same division or worksite. However,
such employees are prohibited from riding together on patrol or working together as partners in
a divisional investigative unit.

Answer 13

same

Question 14

____employees shall keep their relationships with one another on a professional level and shall
not date or have intimate relationships with individuals to whom he or she reports, directly or
indirectly, or to whom report, directly or indirectly, to him or her

Answer 14

All

Question 15

When requested, __________counseling shall be afforded to both the complainant and
respondent through the Psychological Services Division.

Answer 15

psychological

Question 16

Supervisors who witness, are advised of, or otherwise become aware of prohibited conduct are
required to report the prohibited conduct and cannot agree to do otherwise. Once a supervisor is
aware of prohibited conduct, the supervisor shall do both of the following:

Answer 16

a. Take immediate and appropriate action to stop and/or prevent further misconduct. The
supervisor shall implement interim shielding if necessary (see section 10).

b. Promptly report the prohibited conduct to the ERS facilitator (no later than 24 hours from
discovery of the incident). If circumstances indicate that the ERS facilitator should be notified
immediately (e.g., the misconduct is egregious or the victim needs additional support) the
supervisor shall do so.

Question 17

Employees who witness prohibited conduct or who believe they are the subject of prohibited
conduct shall report the conduct immediately to one of the following:

Answer 17

d. Their immediate supervisor
e. ADR, Employee Relations Section
f. Internal Affairs Division
g. Equal Employment Opportunity Commission
h. Texas Workforce Commission, Civil Rights Division

Question 18

While employees may utilize any of the reporting methods listed below, the preferred method for
employees to report prohibited conduct is through ADR’s Employee Relations Section. This
enables the department to take immediate action to:

Answer 18

a. Determine the nature of the complaint.
b. Ensure the complaint is properly assigned to the appropriate unit for handling.
c. Implement an immediate shielding plan for the complainant if necessary.

Question 19

The _______duties and responsibilities, and the standards of supervision discussed in this
General Order apply to all supervisory level personnel (classified and civilian) regardless of rank.

Answer 19

supervisory

Question 20

All ______shall be very familiar with the department’s harassment and discrimination
policies. The job performance reviews for ______shall include documentation indicating they
have read and understand the policy and their responsibilities under it.

Answer 20

supervisors

Question 21

________shall be held accountable for the manner in which they exercise the authority of their
offices as outlined in this General Order and General Order 200-08, Conduct and Authority.

Answer 21

Supervisors

Question 22

Prevention is the best tool available to maintain a model workplace free from discrimination,
sexual harassment, retaliation, and other forms of prohibited conduct. Therefore, _______
shall take proactive measures to prevent prohibited conduct.

Answer 22

supervisors

Question 23

All supervisors are required to comply with the following standards of supervision. Supervisors
shall:

Answer 23

a. Routinely inspect the workplace for inappropriate signs, posters, cartoons, screen savers, or
other similar material, and shall order the removal of such material.
b. Ensure assignments are based on department needs and policies rather than being inappropriately based on a protected category or in retaliation for participation in the reporting or investigation of a prohibited conduct complaint or on other conduct prohibited by this General Order.
c. Be a positive example for coworkers and subordinates concerning this policy.
d. Upon learning of prohibited conduct, follow the reporting procedures listed in section 7, subsection “Supervisor Reporting and Response.”
e. Continue to monitor any previously reported situations and report related acts or allegations to both ERS and IAD.
f. Ensure marital, cohabitating, or dating relationships are in compliance with this policy.
g. Not participate in, condone, or allow offensive jokes or conversations.

Question 24

_______is the primary unit responsible for immediately determining, initiating, and creating a
shielding plan for employees.

Answer 24

ERS

Question 25

When ERS determines a Chief of Police Notification is needed, ERS shall forward written
notification of the incident to the Chief of Police via the ADR chain of command within _____hours
after receiving notice of the issue.

Answer 25

48

Question 26

_______is preventative action taken to protect employees in cases involving allegations of
prohibited conduct.

Answer 26

Shielding

Question 27

Shielding may include:

Answer 27

a. A voluntary reassignment of complainants to other supervisors during the investigation should
the issue occur between subordinates and their immediate supervisors.
b. A voluntary reassignment of complainants to other units, divisions, or commands including, but not limited to, any of ADR’s predesignated shielding assignments.
c. A voluntary or involuntary reassignment of respondents to other locations during the investigation.
d. Relief of duty for either the complainant or respondent.
e. An Order of No Contact may be issued to the complainant, respondent, or both.

Question 28

______________is a shielding action taken near the time the alleged violation was discovered.
Interim shielding remains in place only until a final shielding plan is approved by the Chief of
Police.

Answer 28

Interim shielding

Question 29

The complainant’s _______may provide interim shielding of the complainant pending
directions from an ERS facilitator concerning the issue.

Answer 29

supervisor

Question 30

Investigations into prohibited conduct allegations should be completed within _____calendar days
from the date of assignment to the investigator unless special circumstances exist.

Answer 30

30

Question 31

Under no circumstances shall the investigation take more than ____calendar days unless an extension is approved by the Chief of Police.

Answer 31

60

Question 32

______ complaints may be resolved by means other than an IAD investigation. This resolution
process is referred to as informal resolution. The informal resolution process is designed to
promote communication in an effort to resolve conflicts.

Answer 32

Class II

Question 33

_______may be accomplished through mediation, training, chain of command
management plan, counseling, or any other process approved by the Chief of Police. Informal
resolutions shall be administered through ADR.

Answer 33

Informal resolutions

Question 34

Class I violations and certain Class II violations (see Definitions section of this General Order)
require formal investigation by _____.

Answer 34

IAD