SOP 104.46: Unlawful Harassment (Includes Sexual Harassment)

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|
|Policy Number: 104.46|Effective Date: 6/30/17|Page Number: 1 of 7|
|Authority: Commissioner
|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

I. Introduction and Summary:
The Georgia Department of Corrections (GDC) is committed to maintaining a
harassment-free workplace. GDC prohibits and will not tolerate harassment of a sexual
nature and/or harassment based on race, color, creed, national origin, ancestry,
citizenship, religion, political opinions or affiliations, age, disability, genetic information,
gender, pregnancy, childbirth or related conditions, military or veteran status, or other
status protected by federal, or state law or regulation. Such harassment violates an
individual's fundamental rights and personal dignity, and undermines the integrity of the
workplace.

II. Authority:
A. Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment

Opportunity Act of 1972;

B. Age Discrimination in Employment Act of 1967, as amended;

C. Americans with Disabilities Act of 1990, as amended;

D. O.C.G.A.: §42-5-36, Confidential Information Supplied by Inmates;

E. GDC SOPs: 104.64 Adverse Actions (Classified Employees) and 104.65 Adverse

Actions (Unclassified Employees); and

F. ACA Standard: 2-CO-1C-03.

III. Definitions:
Since harassment can take many forms, it is not possible to provide a complete list of
prohibited conduct. While not exhaustive, the following definitions and examples are
illustrative of the types of conduct that will not be tolerated in the workplace:

A. Sexual Harassment - Unwanted sexual attention of a persistent or offensive nature

made by a person who knows, or reasonably should know, that such attention is
unwanted. Sexual harassment includes conduct of a sexual nature that is sufficiently
severe or pervasive to unreasonably interfere with an employee's job performance or
create an intimidating, hostile, or offensive working environment.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|
|Policy Number: 104.46|Effective Date: 6/30/17|Page Number: 2 of 7|
|Authority: Commissioner
|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

1. While sexual harassment encompasses a wide range of conduct, some examples

of conduct that are specifically prohibited include:

a. Promising (directly or indirectly) to reward an employee for complying

with a sexually-oriented request;

b. Threatening (directly or indirectly) to retaliate against an employee for

refusing to comply with a sexually oriented request;

c. Denying (directly or indirectly) an employment-related opportunity to an

employee for refusing to comply with a sexually-oriented request;

d. Engaging in sexually suggestive physical contact, including touching

another employee in a way that is unwelcome, or restricting an employee's
movement;

e. Displaying, storing, or transmitting pornographic or sexually-oriented

materials;

f. Engaging in indecent exposure;

g. Making obscene gestures or leering;

h. Making sexual or romantic advances toward an employee and persisting

despite the employee's rejection of the advances;

i. Using sexually-oriented language, or making inappropriate propositions,

jokes, or remarks, including graphic verbal commentary about an
individual's body or dress;

j. Inquiring, commenting, or gossiping about someone's sexual preferences,

activities, deficiencies or prowess; and

k. Sending sexually suggestive or obscene letters, notes, or invitations.

2. As these examples illustrate, prohibited sexual harassment can take many forms
physical, verbal, visual, and/or electronic - and can be physical and/or

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|
|Policy Number: 104.46|Effective Date: 6/30/17|Page Number: 3 of 7|
|Authority: Commissioner
|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

psychological in nature. It can involve males harassing females or other males,
and females harassing males or other females. It can also involve harassment by a
person in a greater position of authority harassing a subordinate, harassment by
individuals in positions of lesser or equal authority, or harassment by persons
doing business with or for GDC. In addition, sexual harassment can include
conversation and/or conduct between consenting participants that is observed or
overheard by another employee who finds the behavior hostile and/or offensive.

3. Sexual harassment does not apply to a consensual relationship between employees

so long as the relationship does not enhance or jeopardize the job opportunities of
any employee. Employees should recognize the risks and complications that arise
from intimate relationships with other employees and proactively address any
concerns that might arise. At a minimum, employees are expected to ensure that
the relationship does not jeopardize job performance, create a conflict of interest,
or result in employment-related favoritism.

B. Other Types of Harassment - Harassment is also prohibited when it is based on any

other protected status, such as race, color, creed, national origin, ancestry, citizenship,
religion, political opinions or affiliations, age, disability, genetic information, gender,
pregnancy, childbirth or related conditions, military or veteran status, or other status
protected by federal, state, or local law or regulation. Such harassment includes, but
is not limited to, conduct similar to that described above as well as:

1. Threats, epithets, derogatory comments, or slurs;

2. Derogatory posters, photographs, cartoons, drawings, or gestures; or

3. Assault, unwanted touching, or blocking someone's movement.

C. Unlawful Retaliation - Unfavorable employment action taken, unfavorable condition

created, or other action taken for the purpose of intimidation, which is directed
toward an employee as a result of that employee’s having reported in good faith an
allegation of unlawful harassment or having provided information and assistance

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|
|Policy Number: 104.46|Effective Date: 6/30/17|Page Number: 4 of 7|
|Authority: Commissioner
|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

during an investigation of alleged unlawful harassment or unlawful retaliation.

IV . Statement of Policy and Applicable Procedures :
A. GDC's policy of maintaining a harassment-free workplace applies to everyone and

includes Georgia Correctional Industries. GDC will not permit employees or others in
the workplace to be harassed in the course of their work by supervisors, coworkers, or
third parties, such as vendors or customers. Any employee who engages in prohibited
harassment will be subject to prompt disciplinary action, up to and including
termination of employment. Employees are expected to be aware of and to refrain
from any conduct or behavior that could be construed as harassment.

B. GDC prohibits and will not tolerate retaliation against anyone for raising a concern

about, assisting in an investigation of, and/or filing a complaint concerning
discrimination and/or harassment. If an employee believes that an act of retaliation
has occurred, the employee must notify GDC as soon as possible in accordance with
this policy. GDC will act promptly to assure compliance with this rule prohibiting
retaliation.

C. Policy Administration:

1. The Commissioner’s Statement Prohibiting Unlawful Harassment should be

permanently displayed on Official Bulletin Boards of the GDC;

2. Supervisors must take proactive steps to ensure their work environments are free

from any unlawful harassment and to educate their staff regarding appropriate
conduct;

3. All employees shall be required, as a condition of their employment with GDC, to

read and become familiar with GDC’s policy regarding unlawful harassment;

4. Annually at the beginning of the Fiscal Year, all employees shall be directed to

complete a written acknowledgment of the prohibition of unlawful harassment
(Attachment 1, Commissioner's Statement Prohibiting Unlawful Harassment)
which will be forwarded to Corrections Human Resources Management (CHRM);

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|
|Policy Number: 104.46|Effective Date: 6/30/17|Page Number: 5 of 7|
|Authority: Commissioner
|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

5. Compliance with GDC’s Unlawful Harassment policy shall be a condition of the

contract for contractors, and a condition of service for volunteers and interns.
Volunteers and interns will be required to execute a written acknowledgement of
the prohibition of unlawful harassment, prior to beginning their service.

6. Any employee, contractor, intern or volunteer who has any questions concerning

this procedure should contact the CHRM Compliance Section.

D. Reporting and Management Action:

1. Employees are required to report events of unlawful harassment and/or unlawful

retaliation against themselves or others.

a. If any employee believes that unlawful harassment or retaliation has

occurred in violation of this policy, that employee is required to report
such activity as soon as possible in accordance with this procedure.

b. The reporting of an alleged act of unlawful harassment or unlawful

retaliation shall not relieve an employee of his/her obligation to follow
lawful orders, comply with departmental policies or to perform duties.

c. Reports of unlawful harassment or unlawful retaliation may be made using

the chain of command, to the Director of Human Resources (HR) at 478992-5211, or to the Director of the Office of Professional Standards (OPS)
at 478-992-5341.

d. Such reports may be submitted in writing and mailed to P.O. Box 1529,

Forsyth, GA. 31029, by telephone using the above contacts, or in person.

2. An Appointing Authority may suspend, transfer, or reassign personnel involved to

prevent any harassment or retaliation, or to facilitate the investigation. For
emergency situations of a severe nature, a subordinate Appointing Authority, after
consultation with the Director of HR, will take appropriate actions to protect the
alleged victim and/or to deter the alleged violator from any further harassment of
the alleged victim. The Director of HR or authorized Designee shall report all
actions of this nature and any subsequent change in status or assignment to the
Director of OPS.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|
|Policy Number: 104.46|Effective Date: 6/30/17|Page Number: 6 of 7|
|Authority: Commissioner
|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

3. Unless otherwise directed by the Director of HR, no disciplinary action shall be

taken against the alleged violator until the investigation by the Internal
Investigations Unit has been completed, a written report has been issued, and
necessary action has been taken in accordance with this procedure.

E. Investigations:

1. Upon receiving a complaint, GDC will conduct a prompt, thorough, and objective

investigation of the allegations. All state employees are expected to cooperate in
these investigations. Investigations will be conducted in as confidential a manner
as possible, and all employees involved in the process are expected to refrain from
discussing the matter outside of the investigation process.

2. Complaints of unlawful harassment or retaliation will be referred to GDC’s Office

of Professional Standards (OPS). All complaints of unlawful harassment or
unlawful retaliation shall be investigated in the manner and to the extent directed
by the Director of OPS or any member of his/her staff, who will consult with
Legal Services and with the Director of HR, if appropriate.

3. If the initial complaint does not specify facts sufficient to sustain the original

allegation of unlawful harassment or unlawful retaliation, the Director of OPS
may request additional information from the complainant, or, in consultation with
Legal Services and/or the Director of HR, may determine that the allegations shall
not be investigated further.

4. Counseling and other assistance shall be offered to the alleged victim through

CHRM.

5. The investigator who conducts the investigation will present a written report of

the investigation to the Director of OPS. All investigative reports must include a
statement from the person reporting the alleged harassment or retaliation. After
reviewing the written report, the Director of OPS will forward a final report to the
affected Assistant Commissioner or Chief of Staff, the Director of Human
Resource, and Legal Services for consideration.

6. Reports concerning employee unlawful harassment or unlawful retaliation

complaints will be treated as "confidential matters" to the extent permitted by law.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|Policy Name:Unlawful Harassment (Includes Sexual Harassment)|
|Policy Number: 104.46|Effective Date: 6/30/17|Page Number: 7 of 7|
|Authority: Commissioner
|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

F. Review and Disposition:

1. After reviewing the final report from OPS, Legal Services shall make a

recommendation, based on a preponderance of the evidence standard, as to
whether the facts support a finding that unlawful harassment or unlawful
retaliation has occurred.

2. If Legal Services recommends that the facts do not support a finding of unlawful

harassment, unlawful retaliation, or other policy violation, and it is determined by
the Director of HR that no action should or could be taken at that time, the matter
can be closed.

3. If Legal Services recommends that the facts do support a finding of unlawful

harassment, unlawful retaliation, or other policy violation, the Director of HR will
recommend disciplinary action and/or other corrective actions to the Appointing
Authority.

4. The Director of HR, or authorized Designee will provide written notice to the

complaining party and subject employee of the completion of the investigation as
well as any information deemed necessary. Notice should be given as soon as is
reasonably practical, provided that if a disciplinary action is to be initiated, no
parties will be notified until all disciplinary actions are served.

5. An employee may appeal an adverse action arising from an allegation of unlawful

harassment or retaliation in accordance with SOP 104.65 Adverse Actions
(Unclassified Employees) and SOP 104.64 Adverse Actions (Classified
Employees).

V. Attachments:
Attachment 1, Commissioner’s Statement Prohibiting Unlawful Harassment

VI. Record Retention of Forms Relevant to this Polic y :
Upon completion, Attachment 1, Commissioner’s Statement Prohibiting Unlawful
Harassment shall be retained permanently in the employee’s official and local personnel
file.