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9.2 <br /> <br />"Sexual harassment" includes unwelcome sexual <br />advances, requests for sexual favors, sexually motivated <br />physical contact or other verbal of physical conduct or <br />communication of a sexual nature when: <br /> <br />9.2.1 <br /> <br />submission to the undesirable conduct or <br />communication is made a term or condition, either <br />explicitly or implicitly, of an individual's <br />employment; <br /> <br />9.2.2 <br /> <br />submission to or rejection of that conduct or <br />communication by an individual is used as a factor <br />in decisions affecting that individual's employment; <br /> <br />9.2.3 <br /> <br />that conduct or communication has the purpose or <br />effect of substantially interfering with an <br />individual's employment or creates an <br />intimidating, hostile, or offensive work <br />environment; and the employer knows or should <br />know of the existence of the harassment and fails <br />to take _timely and appropriate action; or <br /> <br />9.2.4 <br /> <br />such conduct or communication occurred because of <br />the sex of the victim even though it is not clearly <br />sexual in nature or an explicit sexual advance. <br /> <br />9.2.5 <br /> <br />Any claims of a violation of this policy should be <br />reported to the employee's immediate supervisor, <br />the Fire Chief, or anyone else in a position of <br />authority at the City. Any claims of sexual <br />harassment or violations of the Sexual Harassment <br />Policy will be reported to and investigated by the <br />Fire Chief unless another individual is deemed <br />more appropriate. If the facts appear to support <br />the allegations of sexual harassment or violation of <br />this policy, disciplinary action up to and including <br />immediate termination may result. All reports of <br />harassment will be handled as confidentially as <br />possible by the City. Any employee found to have <br />made a false complaint of a violation of this policy <br />or found to have knowingly given false information <br />during an investigation of such a complaint may <br />also be subject to disciplinary action. This policy <br />applies to all of the City's employees while <br />performing their duties as employees within or <br /> <br />12 <br /> <br /> <br />