Step Three. Investigation. The EEO Officer shall notify the alleged harasser of the complaint and interview the alleged harasser within three (3) working days of its receipt. The alleged harasser will be given the opportunity to provide a written statement regarding the alleged conduct. Any other person who may have information regarding the alleged sexual harassment may also be interviewed and asked to provide a written statement. The EEO Officer will verify information with all pertinent personnel in order to document the merits of the sexual harassment charge.
Amendment During Investigation. During the investigation the complaint, or any part of the
complaint can be withdrawn or amended upon written approval of all parties involved.
Step Four. Report. The EEO Officer shall prepare a written report within ten (10) working days of his or her notification of the suspected harassment unless extenuating circumstances prevent him. or her from doing so. The report shall include a finding that sexual harassment occurred, sexual harassment did not occur, or there is inconclusive evidence as to whether sexual harassment
.occurred. A copy of that report will be given to the employee(s) who made the initial report, the employee(s) to whom the suspected harassment was directed, and the employee(s) suspected of the harassment. "
Dismissal of Complaint. If, after an analysis of the merits of the complaint, there is a lack of substantial evidence that harassment occurred, the complainant shall be notified of the findings in writing within thirty (30) working days after acceptance of the complaint and informed of the right to appeal to the EEO Investigatory Commission. The EEO Investigatory Commission shall be comprised of the following:
1) Counsel to the Attorney General, or designee; 2) DeputyAttorney General/Solicitor General of the person whom the complaint was filed against, or designee; 3) Violence Against Women Policy Advisor, or designee; 4) Director of Human Resources, or designee; and 5) appointee of the Attorney General.
Investigation Findings. If, however, at the conclusion of the investigation, the EEO officer finds evidence of sexual harassment, the EEO Officer shall submit a written notice to the EEO Investigatory Commission with the findings and disciplinary recommendations. Within five working days the Commission shall initiate disciplinary measures.
Step Five. Discipline/Sanctions. Disciplinary action will be taken against any employee found to have engaged in the sexual harassment of any other employee. The extent of sanctions may depend in part upon the length and conditions of employment, including the position of the alleged harasser and the nature of the offense. The Office of the Attorney General has the right to apply any sanction or combination of sanctions, up to and including termination, to deal with
" unreasonable conduct. Possible sanctions include, but are not limited to the following: referral to counseling; written reprimand; transfer; suspension (with or without pay); termination; and referral to the criminal justice system. Where a hostile work environment has been found to exist, the Office of the Attorney General will take all reasonable steps to eliminate the conduct creating such an environment.
(C)
Follow-Up. After six (6) weeks and after six (6) months the EEO Officer will follow-up with the complainant to determine whether the alleged harassment has recurred. If there has been a recurrence or any retaliation, the EEO Officer will determine the most appropriate course of action to address that recurrence or retaliation. Nothing herein precludes an employee from filing a new complaint under this policy.
(D)
Maintaining a Written Record of the Complaint. Written records will be maintained in a confidential file for five (5) years from the date of resolution unless new circumstances dictate that the file should be kept for a longer period of time.
