ARTICLE V – SEXUAL MISCONDUCT POLICY

            11-5-1           PURPOSE OF POLICY.  The County will not tolerate and will seek to eradicate any behavior by its employees which constitutes sexual misconduct toward another employee, volunteer, intern, or member of the public.  “Sexual misconduct” means any actual, attempted or alleged sexual molestation, assault, abuse, sexual exploitation or sexual injury.  “Sexual misconduct” does not include “sexual harassment”.

            11-5-2           REPORTING PROCEDURES AND DESIGNATED SEXUAL MISCONDUCT COORDINATOR.  It is the express policy of the County to encourage victims of sexual misconduct, and their parents or guardians in the case of minors, to come forward with such claims.  The County shall designate a Sexual Misconduct Coordinator who shall remain accountable for the implementation and monitoring of this policy.  The identity of the Sexual Misconduct Coordinator shall remain on file with the County.  In order to conduct an immediate investigation, any incident of sexual misconduct shall be reported as quickly as possible in confidence pursuant to this Article.

            11-5-3           EMPLOYEES.  Employees are required to report any known or suspected incidents of sexual misconduct.  They shall report to their supervisor or the Sexual Misconduct Coordinator.  If the person to whom an employee is directed to report is the offending person, the report should be made to the next higher level of administration or supervision.

            11-5-4           INVESTIGATION AND CONFIDENTIALITY.  All formal complaints shall be given a full, impartial and timely investigation.  During such investigation, every effort shall be made to protect the privacy rights of all parties although confidentiality cannot be guaranteed.

            11-5-5           DISCIPLINE.  Any County employee who is determined, after an investigation, to have engaged in sexual misconduct in violation of this policy shall be subject to disciplinary action up to and including discharge.

            11-5-6            FALSE ACCUSATIONS.  False accusations regarding sexual misconduct shall not be tolerated, and any person knowingly making a false accusation shall likewise be subject to disciplinary action up to and including discharge.

            11-5-7            RETALIATION AGAINST ACCUSER.  The County shall discipline any individual who retaliates against any person who reports alleged sexual misconduct or who retaliates against any person who testifies, assists or participated in an investigation, a proceeding or a hearing relating to a sexual misconduct complaint.  Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.

            11-5-8           CHILD ABUSE INCIDENT REPORTING AND FOLLOW-UP.

            (A)               Sexual child abuse as used in this Chapter is defined as: Child for the purposes of child abuse is defined as a person under eighteen (18) years of age, who prior to juvenile proceedings, has not been judicially emancipated or emancipated by marriage.  Abuse means any one of the following acts which seriously endanger the physical, mental or emotional health of a child.

                        (1)      The infliction, attempted infliction, or as a result of inadequate supervision the allowance of the infliction of physical or mental injury upon a child by a parent of any other person.

                        (2)      The exploitation or overwork of a child by a parent or any other person.

                        (3)      The involvement of the child in any sexual act with a parent or any other person, or the aiding or toleration by the parent or caretaker of the child’s sexual involvement with any other person or the child’s involvement in pornographic displays, or any other involvement of a child in sexual activity constituting a crime under the laws of this State.

Sexual abuse of a minor is a crime.

            (B)               Any case of known or suspected child abuse of a minor shall be reported immediately in compliance with Illinois mandatory reporting guidelines and to the Sexual Misconduct Coordinator, the State’s Attorney’s Office, and Sheriff’s Department.

            (C)               In the event that the Sexual Misconduct Coordinator is first notified of an incident of known or suspected child abuse, the Sexual Misconduct Coordinator shall immediately notify the child’s parent or legal guardian as the case may be and the appropriate legal authorities as required by the state or local law.  The Sexual Misconduct Coordinator shall prepare a Suspected Child Abuse Standard Report and immediately follow-up to investigate the incident and to ascertain the condition of the child.  The Sexual Misconduct Coordinator shall consult and communicate with the State’s Attorney as necessary.

            (D)               Any employee involved in a reported incident of sexual misconduct and/or child abuse shall be immediately relieved of responsibilities that involve interaction with minors or shall be suspended as determined by the employee’s supervisor.  Reinstatement of employees involved in a reported incident of child abuse shall occur only after all allegations of child abuse have been fully investigated and resolved by the County.

            11-5-9           MAINTENANCE OF RECORDS AND DOCUMENTS.  The Sexual Misconduct Coordinator shall maintain all records and documentation required by law or otherwise required by this and other such related policies of the County including all documents related to procedures for hiring-screening, employee/volunteer code of conduct, training, sign-in/sign-out, pick-up and release procedures, incident reporting follow-up and disciplinary action.

            11-5-10         EMPLOYEE ACKNOWLEDGEMENT OF POLICY.  This policy is to be reviewed and signed by all employees and volunteers.