4.90.020 Schedule of penalties for misconduct.
The following schedule of penalties applies to all violations of this chapter. When progressive discipline is provided for, each instance of conduct violating the policy moves the offending employee through the steps of disciplinary action. In other words, it is not necessary for an employee to repeat the same precise conduct in order to move up the scale of discipline. A written record of each action taken pursuant to this chapter will be placed in the offending employee’s and alleged victim’s personnel files. The record will reflect the conduct or alleged conduct; the nature, scope and findings of the investigation; and the warning given or other discipline imposed.
A. Physical Assault of a Sexual Nature.
1. An employee convicted of sexual assault, molestation, or an attempt to commit any such assaults will be discharged.
2. An employee’s intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee’s body or poking another employee’s body, will result in discipline at least as stringent as set forth in subsection (B) of this section, but may result in more stringent discipline up to and including dismissal for a first proven offense depending upon the severity of the misconduct.
B. Other Acts of Harassment by an Employee. An employee’s commission of acts of sexual harassment other than assault will result in nondisciplinary oral counseling on the alleged first offense; written warning, suspension or discharge on the first proven offense, depending on the nature or severity of the misconduct; and suspension or discharge on the second proven offense, depending on the nature or severity of the misconduct.
C. Retaliation. Alleged retaliation against a sexual harassment complainant will result in nondisciplinary oral counseling. Any form of proven retaliation will result in suspension or discharge on the first proven offense, depending on the nature and severity of the retaliatory acts, and discharge on the second proven offense.
D. Supervisors. A supervisor’s commission of acts of sexual harassment (other than assault) with respect to any other employee under that person’s supervision will result in non-disciplinary oral counseling on the alleged first offense; final warning or discharge for the first proven offense, depending on the nature and severity of the misconduct; and discharge for any subsequent offense. (Ord. 12-001 § 3, 2013)