Court Information

SEXUAL HARASSMENT POLICY

Every year, all employees shall complete the required one (1) hour online sexual harassment education training course and provide a copy of the training certificate to the Clerk to keep on file. The Judge shall be required, as the designee to accept or investigate a complaint of sexual harassment in this agency, to complete an additional one (1) hour online sexual harassment training for a total of two (2) hours. These certificates must be received by the Clerk each year prior to December 31. Each public servant’s record of compliance shall be a public record and available to the public in accordance with the Public Records Law.

 Beginning in calendar year 2022, the Court shall compile an annual report by February first of each year containing information from the previous calendar year regarding the agency’s compliance, including:

1.   The number and percentage of public servants in the agency who have completed the training requirements;

2.   The number of sexual harassment complaints received by the agency;

3.   The number of complaints which resulted in a finding that sexual harassment occurred;

4.   The number of complaints in which the finding of sexual harassment resulted in discipline or corrective action; and

5.   The amount of time it took to resolve each complaint.

This report shall be public record and available to the public in the manner provided by the Public Records Law.

This represents the policy of Rayne City Court concerning harassment – both general and sexual. Any questions concerning this policy should be discussed with the Judge and/or Clerk. The Judge shall ensure that this policy, along with the complaint procedure shall be prominently posted on the Rayne City Court website.

It is unlawful to harass a person because of that person’s sex. Sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended and the Louisiana Employment Discrimination Law, LA R.S. 23:332 et seq. All persons have a right to work in an environment free from sexual harassment. Rayne City Court prohibits harassment of any person by any official or employee of the Court on the basis of sex or gender. While in the course and scope of employment, all officials and employees are prohibited from sexually harassing any person, regardless of any employment relationship. It is the responsibility of the Rayne City Court to address all valid concerns in relation to sexual harassment and adhere to the guidelines set out in this policy and as required by law.

It is the Court’s belief that its employees are the primary means by which the goals and objectives of the Court will be met. All employees of the Court must understand its position on harassment. “Sexual harassment” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature when:

1.   Submission to such conduct is made either explicitly or implicitly or as a condition of an individual’s employment or holding of the office;

2.   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the same individual; or

3.   Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. For purposes of this section, an intimidating, hostile, or offensive work environment exists when sexual harassment is so pervasive or severe that it creates an intimidating, offensive workplace and alters the conditions of employment.

Examples of conduct and descriptions of behavior that may constitute sexual harassment include, but are not limited to:

1.    Verbal. Sexual innuendos, suggestive comments, insults, humor and jokes about sex, anatomy or gender specific traits, sexual propositions, threats, repeated requests for dates, statements about other employees that are of a sexual nature, or quid pro quo offers wherein an employee is in a management or supervisory role and states or implied that an employee must consent to unwelcome sexual advances in exchange for some economic benefits such as promotions, merits, job offers, or job retention. Quid pro quo sexual harassment also occurs when rejection of sexual advances would result in adverse decisions affecting an employee’s job status (i.e., demotion, termination, denial of employment).

2.   Non-Verbal. Suggestive or insulting sounds such as “catcalls” or “kissing” noises, leering, whistling, obscene gestures, and sexually suggestive body gestures.

3.   Visual. Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic materials or websites.

4.   Physical. Touching, unwelcome hugging, kissing, pinching, or brushing the body, coerced sexual activity, assault.

5.   Electronic. Electronically sending messages with sexual content, including pictures and video, the use of sexually explicit language, harassment, cyber stalking, and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages, and social network websites).

Although severe and overt forms of sexual harassment may be readily apparent, some sexual harassment is subtle and varies depending on interpretation and perception. Review of sexual harassment allegations are subject to the standard of what offends a “reasonable person”.

The Rayne City Court prohibits activity which falls within the definitions of unlawful harassment and will take appropriate action to end said harassment and/or prevent the recurrence of any such misconduct. It is unlawful to harass an employee because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Any form of harassment or discrimination that violates federal, state, or local law, including but not limited to that which is related to an individual’s race, religion, color, sex, sexual orientation, national origin, pregnancy, age, disability, or other traits, characteristics, or activities that are protected by law, is a violation of this policy and will be treated as a disciplinary matter.

Prevention and elimination of sexually inappropriate behavior requires the personal involvement and commitment of every Court employee. Unless and until management is apprised of its occurrence, corrective action to address such behavior cannot be taken. This policy applies to all Rayne City Court employees regardless of position, status, or authority. The prohibitions of this policy are equally applicable to elected officials, administrators, and staff.

If an employee believes that he or she has been sexually harassed or has witnessed an act of harassment, he or she should immediately report the incident to the Judge. Reporting a harassment complaint or discussing a complaint with the Judge will result in an investigation.

A sexual harassment complaint may be an oral complaint initially but must be followed by a written complaint. The complaint should include the date(s) the incident(s) occurred, name(s) of the individual(s) involved, name(s) of witness(es), and a detailed description of the incident(s).

Employees also have the right to file a complaint with the equal employment opportunity commission (EEOC), the human relations commission or to pursue other legal action, in addition to their rights under this policy. The EEOC provides employees three hundred (300) days to file an official complaint.

At the time of a reported complaint, the following procedure shall be followed:

1.   The Judge shall, as soon as practically possible, notify the alleged harasser that he or she has been named in a harassment complaint and that an investigation is being conducted.

2.   The Judge shall initiate an investigation of the complaint or allegation as promptly as possible while ensuring the investigation is faire, complete, and impartial. It shall be the Court’s objective to complete all investigations within sixty (60) days unless compelling circumstances require additional time. The written statement of this complainant or witness shall commence the sixty (60) day investigation period.

3.   The investigation shall include interviews with the complainant and the alleged harasser and any other person(s) who is believed to have information directly related to the complaint or investigation.

4.   To the extent permitted by law, the Judge shall assure compliance with any of the complainant’s privacy rights, as well as the alleged harasser’s rights.

5.   Records of the investigation shall be maintained and provide said records to other investigatory bodies and law enforcement agencies upon request.

6.   A written summary of the allegations and findings of the investigation shall be provided to the city attorney for review. Said findings shall also be subsequently provided to the complainant and the alleged harasser; if the investigation substantiates the complaint of harassment, the complaint and findings may be referred to the office of the district attorney.

If the investigation substantiates the complaint of harassment, the Judge shall make a determination regarding the appropriate resolution, including disciplinary action. Before making the decision to impose disciplinary action, the Judge shall ensure that the harasser has been given the opportunity to review the results of the investigation, has received an explanation of the evidence obtained, and been given an opportunity to provide the Judge with a response regarding the findings. The Judge shall take the alleged harasser’s response into account before taking final action in determining if harassment occurred and in the resolution of the complaint.

Substantiated complaints of sexual harassment may be subject to appropriated disciplinary action, which may include verbal or written reprimand, suspension, or termination. Any discipline imposed by the Judge shall be separate and apart from any penalties imposed by a court of law or a state or federal agency. In addition to any disciplinary action taken, substantiated complaints shall be noted in the harasser’s official personnel file. If the harasser continues on as an employee, the disciplinary action shall be taken into consideration during the harasser’s performance evaluation.

Retaliation against an employee who brings a complaint of harassment, reports of allegation of sexual harassment on behalf of another or participates in an investigation of a harassment complaint is prohibited and may result in disciplinary action.

1.   The Judge may make subsequent inquiries from time to time to ensure offensive conduct does not resume and/or that the subject of such harassment has not suffered any retaliation.

2.   No retaliation of any kind will be tolerated because an employee, in good faith, reports an incident of suspected harassment.

3.   The Judge will work to establish mutually agreed upon safeguards against retaliation while attempting to mediate any sexual harassment complaint.

4.   Any employee who believes he or she has been subjected to unlawful harassment, sexual harassment, or retaliated against for reporting such activities or assisting in a related investigation of such activities must report the alleged act immediately or as soon as practically possible to the Judge.

Allegations or complaints of sexual harassment that have been determined to be fabricated, knowingly false, or otherwise baseless shall required the Judge to impose disciplinary action against the complainant found to have filed the improper complaint, as well as any other employees that participated in the false allegation or complaint. Said disciplinary action may include verbal or written reprimand, suspension, or termination.

Last Updated October 2022