Discipline for sexual harassment

(a) An officer or employee who is found, after an informal complaint and investigation, to be an offender shall be disciplined by the warning required under § 1-17.4 (c) or 1-17.5(c) and may be otherwise appropriately disciplined if deemed warranted. An officer or employee who is found, after a formal complaint and investigation, to be an offender shall be appropriately disciplined. (b) Any disciplinary action, additional to the warning required under § 1-17.4 (c), (d) or 1-17.5(c), (d), shall be determined: (1) In accordance with just cause standards; and (2) On a case-by-case basis, with consideration of the severity of the sexual harassment and, if any, other incidents of sexual harassment by the offender. (c) Disciplinary action against an offender may include but is not limited to one or more of the following: (1) Written reprimand; (2) Suspension without pay; (3) Disciplinary demotion; or (4) Dismissal from employment. A particular disciplinary action shall not be taken against an offender if not permitted by law, ordinance, or collective bargaining agreement relevant to that particular offender. (d) For an offender who is an elected officer of the executive branch, the appropriate disciplinary action shall be determined by the investigating officer or team. (e) For an offender who is a department director, the appropriate disciplinary action shall be determined by the director’s appointing authority. This subsection shall not apply to the prosecuting attorney, who shall be subject to subsection (d). (f) For an offender who is an officer or employee of a department, but not its director, the appropriate disciplinary action shall be determined by the department director. (g) For an offender who is a councilmember or head of a council office, the appropriate disciplinary action shall be determined by the council. (h) For an offender who is an officer or employee employed by a councilmember or council office, the appropriate disciplinary action shall be determined by the councilmember or head of the office employing the offender. (i) All disciplinary actions, before implementation, shall be given final review and approval by the city’s equal employment opportunity officer.