ARTICLE 5.      CONDITIONS OF EMPLOYMENT         EFFECTIVE DATE:  05/04/98
RULE 505.         HARASSMENT PROHIBITED                 REVISED DATE:  08/14/02

A.    PURPOSE: The purpose of this Rule is to establish and define the Court's policy on illegal 
        discrimination and harassment, and to establish a mechanism through which employees may seek 
        relief from harassing behavior. This Rule is also intended to unequivocally establish the Court's 
        opposition to and disapproval of prohibited behaviors falling under its purview. While this policy 
        is worded primarily toward sexual harassment, it may also be used to seek redress of harassment 
        based on race, color, age, national origin, disability, political or religious affiliation or veteran's status.

B.    POLICY OVERVIEW: All Judicial employees, Division Heads and elected officials, regardless 
        of gender, have a right to work in an environment free from unwelcome advances, innuendo and/or 
        actions of a sexual nature which create a hostile or offensive working environment or otherwise impair 
        a person's ability to perform their assigned duties.

C.    COVERAGE: This policy shall be effective for all Judicial employees, Division Heads and elected 
        officials, without regard to status or affiliation and shall supersede all existing policies and procedures 
        for courts currently in place in Mohave County. This policy shall supplement provisions in Supreme 
        Court Administrative Order 93-16 which defines the Arizona Judiciary Sexual Harassment Policy.

D.    SEXUAL HARASSMENT DEFINED: Sexual harassment is defined as any unwelcome sexual 
        advance, request for sexual favor and/or other verbal or physical conduct of a sexual nature when:

        1.    Submission to such conduct is made either explicitly or implicitly a term or condition of an 
               individual's employment;

        2.    Submission to or rejection of such conduct by an individual is used as the basis for employment 
               decisions affecting such individual; and/or

        3.    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.

E.    SOME BEHAVIORS WHICH HAVE BEEN FOUND TO CONSTITUTE SEXUAL 
        HARASSMENT:(1)

        1.    Unwelcome or unwanted sexual advances including patting, pinching, brushing up against, 
               hugging, cornering, kissing, fondling or any physical conduct considered unacceptable by 
               another individual.

        2.    Unwelcome or unwanted requests or demands for sexual favors, including subtle or blatant 
                expectations, pressures, or requests for any type of sexual favor accompanied by expressed 
                or implied or negative consequences concerning one's employment status.

        3.    Unwelcome verbal abuse, bantering or teasing that is sex oriented and is considered 
               unacceptable by another individual. This includes innuendoes, jokes, and sexual oriented 
               comments that offend others.

        4.    Displaying an intimidating, hostile or offensive attitude because of rejected sexually oriented 
               demands, requests, physical contact or attention.

        5.    Interfering with a co-worker's performance by exchanging unwanted sexual attentions, or 
               sexually oriented conduct that reduces personal productivity or safety on working time.

        6.    Condoning a working environment that is not free of sexually oriented innuendoes, or any 
                other tasteless actions that could offend others.

F.    GRIEVANCE ALLEGING SEXUAL HARASSMENT: Any perceived harassment shall be 
        reported for either informal consultation or formal investigation. Any person may file a grievance 
        alleging sexual harassment and may choose either informal consultation or formal investigation. 
        Informal consultation is not a prerequisite to formal investigation.

G.    GRIEVANCE PROCEDURES:

        1.    Persons alleging to have been subjected to sexual harassment or who have personal knowledge 
               of sexual harassment during the course of their employment with the Court shall, within thirty 
               (30) calendar days of the most recent alleged incident, submit a signed complaint form to their 
                immediate supervisor, Division Head or the Presiding Judge, describing the events and/or 
                actions leading up to the filing of the form.

        2.    The thirty (30) day timeline for filing complaints may be waived in writing by the Presiding 
                Judge.

        3.    The completed form shall contain the location of the incident, the name of the individual 
                whose behavior is alleged to have constituted sexual harassment, names of individuals who
                were witnesses of the alleged incident, the person's choice of action (i.e. informal consultation 
                or formal investigation), and any other information which provides understanding of the incident 
                or action giving rise to the complaint.

H.    INFORMAL CONSULTATION:

        1.    The person receiving the report may serve in an advisory capacity to the person reporting 
                the perceived sexual harassment and may counsel with the subject of the report to resolve 
                the problem. If the alleged subject of the report is not supervised by the person who received 
                the report, the matter shall also be referred to the alleged subject's supervisor or other 
                appropriate designee. If not already involved, the consultation process shall be discussed 
                with the Court Administrator if the reporting employee is a Superior Court, justice court or 
                municipal court employee; or the Chief Probation Officer if the reporting employee is a 
                probation department employee.

        2.     If upon informal consultation the matter is resolved to the satisfaction of the person who 
                reported sexual harassment, persons are no longer obligated to report further unless it is 
                determined that allegations of sexual harassment are serious enough to warrant a formal 
                investigation. If a resolution cannot be reached after informal consultation, the matter shall 
                proceed as a formal investigation.

        3.    If the alleged subject of the report is not a Judge or employee of the Court, the matter shall 
               be referred to the Court Administrator and/or Chief Probation Officer for immediate and 
               appropriate action.

I.    FORMAL INVESTIGATION:

        1.    The person receiving the report shall document the report and forward the documentation 
                to the Court Administrator if the reporting employee is a Superior Court, justice court, or 
                municipal court employee; or the Chief Probation Officer of the reporting employee is a 
                probation department employee. The Court Administrator or Chief Probation Officer shall 
                within seven (7) working days of receipt of the complaint investigate as appropriate the charges 
                cited in the complaint and interview such individuals as necessary to gain an understanding 
                of the incident giving rise to the complaint.

        2.    If upon review a basis is found for the complaint, the Court Administrator or Chief Probation 
                Officer shall issue a written determination in this regard including a finding as to whether the 
                alleged conduct occurred and if so, whether it constituted sexual harassment. The written 
                determination shall be forwarded to the subject's supervisor with a recommendation as to 
                how the problem should be resolved. The Court Administrator or Chief Probation Officer 
                shall also provide copies of the written determination to the Presiding Judge, the person who 
                filed the complaint, the subject of the report, and any other persons involved in the formal 
                investigation as deemed appropriate.

        3.    Upon receipt of the determination, the supervisor shall adopt a course of action consistent with 
                this recommendation which seeks to resolve the matter in an effort to eliminate the likelihood 
                that the incident giving rise to the complaint will be repeated in the future. The complainant and 
                the harasser may respond within seven (7) working days to the report and recommendation 
                with copies to all persons who receive copies of the documentation.

        4.    If no basis is found for a complaint of sexual harassment, the person alleging to have been 
                subjected to sexual harassment shall be so notified in writing by the Court Administrator or 
                Chief Probation Officer. A person filing a grievance who receives notice that no basis has 
                been determined for the complaint may disagree with the finding of no cause and request review 
                of the matter by the Presiding Judge.

J.    DISCIPLINE: Any person found to have subjected an individual to any form of sexual harassment 
        shall be subject to disciplinary action up to and including dismissal for cause in accordance with these 
        Rules.

K.    CONFIDENTIALITY:

        1.    Reasonable efforts will be made to maintain the confidentiality of investigative actions. However, 
               confidentiality is not assured for any party to a complaint or investigation.

        2.    Information concerning sexual harassment discussed pursuant to these grievance procedures 
                shall not be disclosed to anyone not involved with the consultation or investigation.

        3.    All employees who are contacted regarding a sexual harassment complaint or report shall 
                maintain this confidentiality.

L.    RECORDS AND FILES: All documentation relative to sexual harassment consultations and/or     
        investigations shall be maintained by the Court Administrator or Chief Probation Officer for not less 
        than two (2) years in separate and confidential files. After this period, these documents may be 
        destroyed unless the Presiding Judge has been notified that a discrimination action has been filed 
        with the EEOC or that litigation has been initiated or the Presiding Judge otherwise determining to 
        retain the record for a greater period of time.

M.    RESPONSIBILITY:

        1.    Persons who believe that they have been subjected to sexual harassment as defined in this 
                policy shall make their supervisor, Division Head or the Presiding Judge aware of such alleged 
                harassment.

        2.    The Court Administrator or Chief Probation Officer shall enforce provisions of this policy and 
                in the event of a complaint, promptly and thoroughly investigate it in a fair and confidential manner.

        3.    Any form of retaliation by person(s) against any complaining person, participating witness, 
                and/or person cooperating in an investigation will not be tolerated and shall be grounds for 
                disciplinary action.

        4.    All designated persons in authority in the Judicial service shall be responsible for ensuring 
                compliance and enforcement of this policy within their respective court or division.

N.    SEXUAL HARASSMENT BY JUDGES OR SPECIAL JUDICIAL OFFICERS: Sexual 
        harassment by Judges against any person shall be grounds for filing a complaint to the Arizona 
        Commission on Judicial Conduct pursuant to commission rules and procedures. The Presiding Judge 
        shall ensure that alleged sexual harassment charges against Judges are appropriately referred to the 
        Commission according to commission rules. Sexual harassment by special Judicial officers shall be 
        grounds for disciplinary action up to and including dismissal or termination of contractual agreements.

O.    SEXUAL HARASSMENT BY VENDORS: Sexual harassment by vendors shall be grounds 
        for termination of vendor contracts.

P.    NON-RETALIATION:  Any form of retaliation by person(s) against any complaining person, 
       participating witness, and/or person cooperating in an investigation will not be tolerated and shall
       be grounds for disciplinary action.

Q.    FALSE ACCUSATIONS: Any person who knowingly or recklessly makes a false accusation of 
       sexual harassment against any person shall be subject to disciplinary action up to and including 
       dismissal.

R.    NATURE OF POLICY: The Court Administrator and/or Chief Probation Officer shall ensure that 
        all Judges and Judicial employees are informed of and receive a copy of this policy. The Presiding 
        Judge or designee in each Mohave County court location shall post this policy in a common area to 
        ensure proper notice and distribution.

S.    EDUCATION AND TRAINING: The Court Administrator and/or Chief Probation Officer shall 
        as necessary coordinate and ensure education and training for Judges and Judicial employees 
        regarding this policy. Judges, administrators, supervisors, and chief court clerks shall receive training 
        to assist them in recognizing sexual harassment and taking appropriate action pursuant to this policy.


1.     This list is provided for illustration purposes only. It is not an exhaustive list and does not include all 
        behaviors which may or do constitute sexual harassment.