EEO Ch 18

EEO role of managers and supervisors

.1. Provide personal leadership in maintaining an effective equal employment opportunity program. 2. Assist in problem identification and the accomplishment of goals and objectives. 3. Provide career counseling to employees when required or requested. 4. Review employee qualifications. 5. Document that selection decisions were based solely on job-related factors.

Supervisor duty to report

Any supervisor who observes, receives a report pursuant to this policy, or learns information through alternate means that leads him or her to believe there is a potential violation of this policy's prohibition against discrimination, harassment, sexual harassment, unprofessional conduct or retaliation, must immediately report such information to the Office of Inspector General or Equal Employment Opportunity Officer regardless of whether the supervisor is in the chain of command of the affected employee. Supervisors in the employee's chain-of-command must immediately report this information to both their chain of command and to the Office of Inspector General. Supervisors not in the employee's chain-of-command must immediately report this information to an appropriate person in the employee's chain-of-command and to the Office of Inspector General or the Equal Employment Opportunity Officer. The Equal Employment Opportunity Officer shall immediately report all complaints and intake to the Office of Inspector General. Supervisors who fail to properly report complaints or suspected violations will be subject to corrective or disciplinary action.

Prevention of discrimination and sexual harassment

Each employee should be aware that certain conduct might be offensive or unwelcome even if others do not openly object to it. All employees have the right and are encouraged to immediately inform the person engaging in behavior prohibited by this policy that his or her behavior is unwelcome and that such behavior should cease immediately. All employees, especially those in supervisory positions and those responsible for coordinating or monitoring contracts or work assignments for non-employees, are responsible for properly reporting prohibited behavior. Supervisors and managers are in the best position to protect employees and the Department against unprofessional conduct, discrimination, sexual harassment, retaliation and their consequences.

Management commitment

Preventing discrimination in employment because of race, color, religion, sex, national origin, age, or disability is an important objective of the Department of Public Safety management policy, but it goes far beyond this passive approach. To demonstrate its commitment, Department management will take the following actions: 1. Develop a Recruitment Plan that expresses the positive steps the Department will take to give all employees the opportunity to develop and advance as far as their abilities can take them. 2. Impress on all managers and employees that the plan is applicable to all employees and that each of them has responsibilities and opportunities in furthering equal employment opportunity within the Department. 3. Encourage all employees to participate fully in the spirit of furthering equal employment opportunity for themselves, their coworkers, and their subordinates.

Unprofessional conduct

Refers to any conduct, comments, humor, jokes, or other behavior involving sex, race, color, national origin, religion, age, disability, or sexual orientation which may not meet the legal definitions of discrimination, sexual harassment, or hostile work environment but nevertheless reflect negatively on the Department, regardless of the sex, race, color, national origin, religion, age, sexual orientation or disability of those involved. Some examples of actions which might be considered by the Department to be unprofessional conduct include, but are not limited to: telling racial or sexual jokes or making fun of, demeaning, harassing, or belittling another because of his or her sex, race, color, national origin, religion, age, disability, or sexual orientation.

EEO role of the deputy directors

The Deputy Directors shall be responsible for assisting the Director with the successful implementation, operation, and follow up of the Department's policies and procedures for fostering equal employment opportunity and administering the Department's Recruitment Plan.

EEO role of the director

The Director has established an equal employment opportunity policy within the Recruitment Plan. Adherence to the policy by all personnel is essential in the fulfillment of the plan's objectives. Responsibility for implementation of the equal employment opportunity goals established in the plan may be delegated by the Director as he deems appropriate.

External reports

The Federal Equal Employment Opportunity Commission and the Texas Workforce Commission are agencies established by the federal and state governments, respectively, to handle complaints of discrimination and sexual harassment. Employees or applicants for employment with the Department are entitled to contact either of these agencies if they feel they have been subjected to discrimination, sexual harassment, or retaliation. A complaint received from the EEOC or TWC shall be investigated and coordinated as appropriate by the Office of Inspector General according to the procedures set out in this chapter for investigations.

Equal employment opportunity officer

1. Coordinate the development, implementation, and evaluation of the Department's policies and procedures concerning equal employment opportunity, develops the Department's Recruitment Plan, and communicates the Department's equal opportunity policy internally and externally. 2. Analyzes employment data identifying problem areas and works with Department management to develop a plan of action to address problem areas. The plan will include specific recommendations to eliminate discriminatory practices, if any, discovered in the employment system. 3. Coordinates with the Human Resources commander in designing, implementing, and monitoring program effectiveness and determines where progress has been made and where further action is needed. 4. Coordinates with the Commander of Training in providing training sessions for supervisory and managerial personnel in the equal employment opportunity laws and policy. 5. Reports to management on the status of the program, as needed. 6. Informs management of developments in the equal employment opportunity area. 7. May make discreet, appropriate inquiries into matters of alleged discrimination. 8. Serves as a liaison for the Department with minorities, non-minorities, women, disabled persons, interest groups, and federal, state, and local government entities. 9. May liaison with field recruiters and Human Resources recruiting staff for the purpose of encouraging and assisting in furthering the equal employment opportunity goals.

EEO role of division directors, section heads, service commanders, regional directors, and district captains

1. Evaluate the Recruitment Plan for their individual areas of responsibility to identify areas where employment of under represented groups can be improved and recommend needed improvements through channels. Assists in the recruiting and promoting of qualified persons. 2. Share with the Director the responsibility of developing and implementing an effective agency wide equal employment opportunity program. 3. Participate with colleges and public and private groups in cooperative action to improve awareness of the Department's equal employment opportunity program. 4. Continually review qualifications of all employees to ensure that all employees are given equal opportunities for transfers and promotions. 5. Hold periodic discussions with subordinate supervisors and employees to ensure the Department's equal employment opportunity policies are being followed. 6. Ensure that supervisors' job performance, where applicable, are evaluated in part on the basis of their equal employment opportunity efforts. 7. Assure appropriate postings on official bulletin boards of information about the equal employment opportunity policies and procedures. 8. Headquarters division chiefs are responsible for the implementation of the Recruitment Plan in their respective divisions. Each division chief will assign a current employee to serve as Division EEO Officer. The division representative will assist the Department's EEO Officer in administering and communicating the Department's equal employment opportunity policy.

EEO role of the employee

1. Maintain an attitude of respect, courtesy, and cooperativeness toward other employees. 2. Provide fair and courteous treatment and service in the official performance of duty to all persons with whom they come in contact. 3. Utilize established internal procedures under Section 18.25.00 of the General Manual when alleging discriminatory acts. 4. All new employees will be required to complete training on agency EEO policies, including sexual harassment, within 30 days of initial hire. An acknowledgement of training for each employee will be kept in Human Resources. 5. All employees will be required to complete supplemental training on agency EEO policies, including sexual harassment, every two years. An acknowledgement of training for each employee will be kept in Human Resources.

EEO role of the human resources bureau

1. Periodically reappraise and evaluate employment practices, job structure, and qualification requirements with respect to established procedures. 2. Communicate the Department's equal employment opportunity policy to recruitment sources when soliciting assistance in formulating a qualified applicant pool which includes a diverse group of applicants. 3. Coordinate with the EEO Officer in the distribution of the Recruitment Plan to inform all employees of their rights and responsibilities under EEO laws and Department policy. 4. Provide assistance to administrators and line supervisors in order that they might fully recognize and utilize the talents of all employees without regard to race, color, religion, sex, national origin, age, or disability. Actively promote the goals of the Recruitment Plan. 5. Consult regularly with divisional and EEO office staff to ensure that all Human Resources policies and practices conform to federal, state, and departmental EEO policies.

Recruitment plan

1. State the Department's commitment to equal employment opportunity; 2. Update data on the current utilization of minorities and females in the work force; 3. Establish reasonable and measurable equal employment opportunity goals in compliance with state and federal law; and 4. Publicize the discrimination, harassment and unprofessional conduct complaint process set forth in Section 18.25 of this chapter.

Processing of complaints

All complaints filed under this policy will be promptly reviewed. The EEO office or OIG may informally interview those involved and may request that the complaint submit a written and signed affidavit specifying the details of the events leading the complaint to believe a violation has occurred. The written statement must fully describe the nature of the complaint and provide sufficient details to enable the reviewer to have a thorough understanding of what is alleged to have occurred. 1. If OIG determines that the alleged behavior does not fall within this policy the complaint may be forwarded to the chain-of-command for appropriate resolution. 2. Complaints of unprofessional conduct may be referred by the OIG to the respective division director for investigation and resolution by the chain-of-command (Division Referral). The report and findings by the chain-of-command shall be copied to the OIG who will determine if a more in depth investigation is warranted. 3. After additional intake into the allegations by the Office of Inspector General or the Equal Employment Opportunity Officer, OIG or the Equal Employment Opportunity Officer may refer the complaint file to the Dispute Resolution Office (DRO) to determine if referral to a dispute resolution process is appropriate. Referral to DRO by the EEO Officer will be documented and copied to the Office of Inspector General. 4. If it is determined during intake that further investigation is required the Office of Inspector General will advise the respective Division Director or special section head that an investigation will be conducted 5. Division referral will be assigned by OIG to a VIP. a. In order to give confidence to the complainant of the independence and impartiality of the investigator during a Division Referral, the appointed investigator, when possible, should not be in the chain-of-command of the alleged violator. The investigator may, at the discretion of the Office of Inspector General, be from a service or division other than that involving the parties to the complaint. b. The alleged violator shall not have any supervisory authority over or be in the chain-of-command of the investigator and may not have any direct or indirect control over the investigation. 6. Once a formal OIG investigation is approved by the Inspector General, the investigation shall begin immediately. 7. The chain-of-command shall notify the parties of the investigation and shall undertake any intermediate remedial measures as may be determined appropriate. Examples of such temporary measures include making scheduling or work assignment changes or placing the alleged violator on suspension pending the conclusion of the investigation. The complainant should not be involuntarily transferred or otherwise burdened, since such measures could constitute unlawful retaliation.

Outcome of investigation

All involved parties, including the complainant and the alleged violator, will be informed in writing by the appropriate Division Director, special section head or director's office of the decision and any corrective or disciplinary action taken. Notice will also be sent to the Office of Inspector General.

Prohibition against false reporting

Employees are encouraged to report any conduct they believe is in violation of this policy. Employees unsure if a particular incident or behavior falls under this chapter are encouraged to obtain clarification as set forth in section 18.25.03 by contacting the Office of Inspector General. Employees are prohibited from maliciously, knowingly, and deliberately providing false information to any individual or in any report, fact-finding investigation, or hearing regarding conduct prohibited by this chapter. This prohibition includes maliciously, knowingly, and deliberately filing a complaint under this policy that the employee knows is false.

Internal reports

Employees are encouraged to use the Department's internal procedures for addressing complaints under this policy in order to facilitate and encourage early resolution. The internal procedures are outlined in sections 18.25.07 through 18.25.12.

Confidentiality

Employees are required to keep information learned or shared during an investigation confidential. All employees involved in the investigation process shall be informed that the investigation is confidential and not to be discussed with others. This requirement of confidentiality extends not only to what the employee told the investigator, but also to anything the investigator may have told the employee. This serves to protect the integrity of the investigation and the privacy of persons involved. All names, records, and information concerning the investigation of or reporting of allegations of violations of this policy will be confidential to the extent allowed under Texas and federal law. Internally, information will be shared only with those who have a need to know. Completed investigations may be available to the public under state law. However, reports may be edited before release if they contain highly intimate or embarrassing information about specific individuals.

Violations not sustained

If it is determined that no violation has occurred or that there is insufficient evidence of a violation of this policy, the respective Division Director or special section head will notify all parties of such. No record of the investigation or process will be made in the employees' personnel file. If appropriate, the complainant may elect to utilize the established grievance procedures contained in Chapter 7A regarding the mediation of disputes. If no determination can be made because the evidence is inconclusive, management should nevertheless continue to undertake preventive measures, such as additional training and monitoring

Sustained violations

If the investigation reveals that violations of this policy occurred, immediate and appropriate corrective or disciplinary action will be instituted by the respective Division Director or special section head and documented in the Office of Inspector General office file. (Chapter 7A, Section 07.43.00) For any violation of this policy, the violator may be subject to one or more of the following disciplinary actions: a. formal written reprimand, b. disciplinary probation, c. time off without pay, d. reduction in salary rate, e. demotion; and f. discharge. If the violator is not discharged, in addition to any corrective or disciplinary action taken, the violator will be required to attend the next scheduled EEO training on diversity, sexual harassment, equal employment, or other remedial training as may be appropriate based on the sustained violation(s) against the employee. The training should be coordinated through the Equal Employment Opportunity Office. The memo or letter notifying the violator of corrective or disciplinary action will be placed in his or her personnel file. If the respective Division Director or special section head determines that the appropriate disciplinary action is discharge, the complete investigative file and discharge recommendation will be promptly referred to the Director for final review and determination. A final determination by the Director should be made within ten (10) working days of receipt of the recommendation from the division chief or special section head.

18.25 Discrimination, sexual harassment and unprofessional conduct policy

Inappropriate conduct of a discriminatory or sexual nature that interferes with an individual's work or creates an intimidating, hostile, or offensive environment will not be tolerated or condoned by the Department. The Department has "zero tolerance" towards inappropriate comments, gestures, jokes, and behavior regarding a person's or class of persons' sex, race, color, national origin, religion, age, disability, or sexual orientation. The intent behind the words or action is irrelevant; such behavior will not be tolerated. It is the policy of the Department that: 1. No employee shall be subjected to employment decisions based on sex, race, color, national origin religion, age, disability, or sexual orientation. 2. No employee shall use the Department's authority to subject members of the public to decisions based on sex, race, color, national origin, religion, age, disability, or sexual orientation. 3. Unprofessional conduct, as defined by this section, will not be tolerated and is prohibited. 4. Discrimination, as defined by this section, will not be tolerated and is prohibited. 5. Sexual harassment, as defined by this section, will not be tolerated and is prohibited. 6. Any form of harassment, as defined by this section, will not be tolerated and is prohibited. 7. Retaliation, as defined by this section, will not be tolerated and is prohibited. 8. All Department rules and practices will, at a minimum, comply with applicable state and federal anti-discrimination laws and guidelines. The Department will take corrective and/or disciplinary action, up to and including termination of employment, for violations of this policy whether or not the conduct at issue meets the legal definitions(s) of discrimination, sexual harassment or retaliation. The severity of such action will be determined on a case-by-case basis.

Reporting options

Internal and External

Conducting interviews

Interviews of Department personnel should take place in a reasonable and appropriate location designated by the investigator. Interviews must be conducted in a respectful manner and at a reasonable hour when the employee is on duty unless the seriousness of the matter requires otherwise. A representative of an employee may attend an interview of an employee under administrative investigation. An investigator need not unnecessarily delay an investigation to accommodate the schedule of a particular representative. A representative who becomes disruptive of the interview process will be excluded from the interview. Employees who are questioned by an investigator in a manner that could illicit an admission of their own criminal conduct should be advised that since they are required to fully cooperate and answer questions posed by the administrative investigator their answers will be deemed to have been compelled and will not be used in a criminal prosecution against the employee based upon the Supreme Court decision in Garrity v. New Jersey. An employee should acknowledge receipt of a "Garrity" warning in writing on the appropriate department form (OIG-3). An employee who refuses to cooperate after receiving a copy of the OIG-3 will be subject to a separate disciplinary action up to and including termination. The investigator shall ensure that each employee interviewed has a copy of or access to a copy of this policy. Those interviewed will also be instructed that the investigation is confidential and should not be discussed with fellow employees or with any other person who may be involved in the investigation that all personnel are required to honestly participate in the investigation, and that retaliation is strictly prohibited. All employees must be advised to report retaliation immediately. Retaliation can be reported to the OIG investigator, the EEO Officer or any supervisor in DPS.

sexual harassment

Is a form of discrimination based on sex and means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, b. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or c. the severity or pervasiveness of such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Inappropriate romantic work relationships

It is not the Department's intention to interfere in the personal lives of employees or discourage employees from developing close interpersonal relationships. However, supervisors, managers, lead workers and project leaders are prohibited from having romantic work relationships with employees in their chain of command (including temporary or interim periods). a. Romantic Work Relationships (both opposite-gender and same-gender) are prohibited if they: 1. Compromise, or appear to compromise the integrity of supervisory authority or the chain of command; 2. Cause actual or perceived partiality or unfairness; 3. Creates an actual or clearly predictable adverse impact on discipline, authority, morale or the ability of the command to accomplish its mission. b. Personnel are required to disclose such relationships to their managers immediately. At the discretion of the Department, the parties involved may be given the opportunity to resolve the matter through transfer or resignation. Failure to resolve or disclose the relationship will result in appropriate administrative investigation and disciplinary action. This policy applies to every person connected to the Department, including but not limited to: 1. Every full-time, part-time, and temporary employee of the Department; 2. Each person volunteering or interning with the Department; and 3. Non-employees connected to the Department (e.g., contractors, vendors, staff of other governmental agencies);

Equal employment opportunity policy

It is the policy of the Texas Department of Public Safety to hire qualified people to perform the many tasks necessary in providing high quality service in the field of law enforcement administration and other areas of public safety. An integral part of this policy is to provide equal employment opportunity for all persons; to recruit and administer hiring, working conditions, benefits and privileges of employment, compensation, training, appointments for advancement including upgrading and promotion, transfers, and terminations of employment within the framework provided by statutes of the state of Texas and the United States without discrimination because of race, color, religion, national origin, sex, age, or disability.

Harassment

Means any or all of the following that is based on a person's sex, race, color, national origin, religion, age or disability and has the purpose or effect of interfering with a person's work performance and/or creating a hostile, intimidating or offensive working environment: a. unwarranted criticism of one's job performance or work habits ; b. unsolicited and unwanted comments regarding one's personal life and/or habits; or c. unwelcome and unnecessary physical contact.

Retaliation

Means instigating, implementing or condoning adverse treatment of a person because the person: a. opposed, or reported, a suspected violation of this policy or any state or federal law regarding discrimination, harassment, or retaliation; b. provided information related to complaints under this policy or any state or federal law regarding discrimination, harassment, or retaliation; or c. participated in the investigation of complaints under this policy or any state or federal law regarding discrimination, harassment, or retaliation. Some examples of actions which might be considered by the Department to be adverse treatment include, but are not limited to: inconsistently taking corrective actions against employees, unjustifiably changing an employee's work assignment, refusing to cooperate or discuss work-related matters with an employee, or providing ratings on an employee's performance evaluation which are below the employee's actual job performance. Retaliation does not exist if it can be shown that there was a legitimate and nondiscriminatory reason for the action taken.

Actions and timelines

Prompt investigation of all reports of violations of this policy is required. For further guidance about OIG investigation timelines, see Chapter 7A, Section 07.42.14 and 07.42.15. a. The amount of time it will take the investigator to complete a thorough investigation will vary based on the circumstances and complexity of the complaint. However, the investigation should be completed no later than 28 working days from the initiation of the investigation. Any extension of this deadline must be obtained from the Inspector General by the investigator. b. Upon completion of the investigation, the investigator shall prepare a detailed report fully addressing all allegations. The report shall set forth the investigator's review of the evidence, assessment of the veracity and credibility of those interviewed, and conclusions as to what actually occurred. c. Within five (5) working days of receipt of the investigator's report the Equal Employment Opportunity Officer shall respectively review the investigation and provide a memorandum to the respective Division Director, special section head or Director's office as appropriate regarding the sufficiency of the evidence and what, if any, sections of this policy have been violated. d. Within fifteen (15) working days of receipt of the investigator's report and memorandum from the Equal Employment Opportunity Officer, the Division Director or his designee shall respectively review the investigation and provide a memorandum to the Office of General Counsel regarding the sufficiency of the evidence what, if any, sections of this policy have been violated, and a disciplinary recommendation. e. Within five (5) working days of receipt of the investigator's report, the Equal Employment Opportunity Officer's memorandum and the Division Director's recommendations regarding classification of the complaint and discipline, the Office of General Counsel will provide a written legal evaluation for the investigation and the disciplinary recommendation regarding that investigation to the appropriate Division Director. f. A Division Director may impose all discipline less severe than termination. g. Within seven (7) working days of receiving the investigation report the Division Director, special section head, or Director's office will make the final determination regarding the alleged policy violation and issue a written decision. Additional investigation may be requested by anyone in the review process if necessary. Any additional investigation by the investigator must take place promptly. h. Pursuant to Government Code 411.007(e), the Director will determine whether an employee is discharged. 5. Each timeline set forth in this section is an internal department standard subject to extension for good cause shown. The validity of any disciplinary decision will not be affected by these standards. 6. If an investigation has not reached final conclusion at the end of 90 days, the Inspector General will notify the complainant and the employee subject to the investigation of the status of the investigation. Such notices shall continue each 30 days thereafter until a final conclusion has been reached.

Investigation of complaints

The Inspector General will assign an investigator from the Office of Inspector General or some other qualified investigator to investigate personnel complaints. Employees assigned to conduct administrative investigations will report to the Office of Inspector General for purposes of the administrative investigation. An administrative investigator will: a. Serve written notice of allegations on the affected employee. b. Advise the employee of his right to present a written response to the allegations. c. Contact the complainant to fully discuss the complaint. d. Contact affected employee to fully discuss the complaint. e. Contact relevant witnesses to fully discuss complaint. f. Conduct recorded interviews as necessary within the discretion of the investigator as directed by the Inspector General. Interviews of employees should be transcribed, reviewed, corrected as necessary, and sworn to by the employee. Non-employee witnesses should be given an opportunity to review, correct and swear to transcribed interviews. An investigator may allow the employee to submit a sworn written statement rather than conducting an interview to be recorded transcribed and sworn. g. Obtain all legally obtainable evidence reasonably relevant to the allegations being investigated. h. Submit a detailed investigative report of the evidence obtained and the relevant facts established by a preponderance of that evidence. As to each allegation set forth in the Personnel Complaint Form the investigative report should state an appropriate classification as set forth in this policy. Investigators will be responsible for thoroughly investigating matters to which they are assigned. In fulfilling this responsibility investigators must maintain common sense and flexibility. The procedures outlined in this policy create no contractual or employment rights for the employee being investigated and these procedures may be modified when such is within the public interest and such can be done without harming the legitimate due process rights of the employee. Modification of these investigative procedures should be approved by the Inspector General based upon good cause. Notwithstanding paragraph 2 above, the Office of Inspector General and its designated investigators must initiate any formal investigation of employee misconduct by written notification to the employee adequately giving notice of the allegations of misconduct.

Preparation of personal complaint form

The Personnel Complaint Form (C-1) will be used to record and formalize complaints on Department personnel. The Office of Inspector General will prepare the personnel complaint form based upon information in the initial complaint intake or other writing signed by a complainant. Any initial writing signed by a complainant must be attached as an exhibit to the Personnel Complaint Form. The Personnel Complaint Form will identify the factual basis of the alleged misconduct as well as the departmental policy alleged to have been violated. The Personnel Complaint Form will provide sufficient detail of alleged misconduct to allow an employee to intelligently respond to the allegations against him or her. The Personnel Complaint Form should identify the individual initiating a complaint as the complainant when such identity is known. A Department supervisor or a member of the Office of Inspector General should be identified as a complainant only when the identity of the original complainant or alleged victim is unknown but sufficient information known to the Department requires further investigation.

The investigation

The purpose of the investigation is to seek out the truth and ascertain the facts. The decision(s) made as a result of the investigation may affect the future or good name of the accused, the complainant, and the Department.

Reporting requirements

To ensure that a discrimination free work environment is maintained for all employees, it is essential that each member of the Department report suspected violations of this policy as soon as possible. Employees do not need supervisory approval to contact a supervisor higher in their chain-of-command than their immediate supervisor, Office of Inspector General (OIG) or the Equal Employment Opportunity Officer to file a report of misconduct under this section (e.g., discrimination, sexual harassment, or retaliation). 1. Any employee who believes he or she has been subject to discrimination, harassment, sexual harassment or retaliation must inform the Department as soon as possible after the occurrence. The employee may notify: a. his or her immediate supervisor, or b. anyone in his or her chain-of-command, up to and including the division chief or special section head, c. the Office of Inspector General, or d. the Equal Employment Opportunity Officer. 2. Any employee who reasonably believes another employee has been subject to discrimination, harassment, sexual harassment, unprofessional conduct or retaliation, whether that belief is based on personal observation or a report from another employee, must inform the Department as soon as possible after learning of the possible violation. The employee may notify: a. his or her immediate supervisor, or b. anyone in his or her chain-of-command, up to and including the division chief or special section head, c. the Office of Inspector General, or d. the Equal Employment Opportunity Officer.

Participation in investigations

Upon request, all employees of the Department of Public Safety are required to participate in investigations conducted under this chapter. All employees shall cooperate fully and shall answer all questions truthfully and thoroughly. Employees shall not obstruct or interfere with the filing of a report or complaint or with any aspect of the investigation.

Discrimination

a. Consideration of a person's sex, race, color, national origin, religion, age or disability as a factor in decisions concerning hiring, firing, compensation, promotion, discipline, training, benefits or other terms, conditions or privileges of employment when such quality bears no objective relationship to the matter being decided. b. Adoption of rules or practices regarding hiring, firing, compensation, promotion, discipline, training, benefits or other terms, conditions or privileges of employment that are more restrictive than necessary to accomplish legitimate objectives and that have a disproportionate adverse impact on persons of a particular sex, race, color, national origin, religion, age or disability. c. Interference with the exercise of a person's legal rights or privileges due to the person's sex, race, color, national origin, religion, age or disability. d. Adoption of rules or practices that are not justified by a compelling need and that have an adverse impact on the exercise of legal rights or privileges by a disproportionately high number of persons of a particular sex, race, color, national origin, religion, age or disability. It is not a defense that the violator of this policy is of the same sex, race, color, national origin, religion, age or disability as the subject of the discrimination.

Examples of prohibited conduct

a. Physical acts such as intentional physical conduct that can be construed as sexual in nature or that a reasonable person would find offensive. Examples of such acts include but are not limited to: intentional touching, jabbing, pinching, grabbing, rubbing, pressing, or brushing against a person's body. b. Sexual advances, propositions, or comments, such as gestures, remarks, or jokes of a sexual nature which are unwelcome or which a reasonable person would find offensive. c. Displaying, reading, publicizing, or bringing any materials of a sexual or racist nature into the workplace, such as pictures, posters, calendars, objects that depict sexual poses, videos, movies or sound recordings, screen savers, or other materials that a reasonable person would regard as inappropriate in a professional work environment. This includes any such material obtained from the Internet, displayed on one's computer monitor, or distributed via e-mail.

Appeal of determination or disciplinary action

an employee found to have violated this policy may appeal the determination or disciplinary action resulting from this process. The employee may request an administrative review before the division chief or special section head. An employee desiring this review must submit a written request to the Division Director or special section head with notification to in-line supervisors and the Office of Inspector General within five (5) working days following notification of the determination. The Division Director or special section head's final decision should be reported in writing to the employee within three (3) working days of the date of the administrative review. If the employee is not satisfied with the results of the review by the Division Director or special section head, the employee may request a review by the Director. This request must be submitted to the Director within five (5) working days following the receipt of the decision of the respective Division Director or special section head. The Director will make a decision regarding appropriate corrective or disciplinary action and should notify the employee of that decision in writing within five (5) working days of the date of the administrative review. The Director's determination is subject to no further departmental review. If the violation of this policy results in termination of employment, discharged DPS employees who have completed their initial probationary period of employment prior to the effective date of discharge are entitled to a hearing before the Public Safety Commission. DPS employees desiring a hearing before the Public Safety Commission must comply with the provisions of General Manual, Chapter 7A, Section 07.46.02(1).