IN THE CIRCUIT
COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2004-077 PA/PI CIR
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RE: SEXUAL HARASSMENT AND DISCRIMINATION POLICY
The
Sixth Judicial Circuit for many years has had a policy of promoting a workplace
that is free from discrimination including sexual harassment and has had
procedures in place that provide directions for employees to report any alleged
occurrences of discrimination or sexual harassment. The procedures addressed complaints of
discrimination and sexual harassment by judges and court employees.
The
Florida Supreme Court in Administrative Order 04-8 adopted a procedure for
complaints against judges for sexual harassment and directed the Chief Judge to
adopt an administrative order in compliance with the Chief Justice’s order.
A
request was made to the Florida Supreme Court to allow the Sixth Judicial
Circuit to retain its existing procedures for complaints of sexual harassment
against judges. That request was denied. Therefore, it is
ORDERED:
1. The Supreme Court’s Sexual Harassment Policy
and Procedures for Complaints Against Trial Court Judges is hereby adopted for
the Sixth Judicial Circuit. The Policy
and Procedures in Appendix A are attached to and made a part of this Order.
2. The Sixth Judicial Circuit Sexual Harassment
and Discrimination Policy and Procedures are hereby revised to delete all
references to complaints against judges for sexual harassment. The Revised Policy and Procedures in Appendix
B are attached to and made a part of this Order. The Revised Policy and Procedures supersede
and replace the Policy and Procedures adopted by Administrative Order No.
PA/PI-CIR-99-33.
3. These policies shall apply to all court personnel of the Sixth Judicial Circuit without regard to position funding source, i.e. county, state, or other payroll classification.
4. The Administrative Office of Courts shall as soon as practicable, distribute these policies to all court personnel of the Sixth Judicial Circuit and obtain signed confirmations of receipt of these policies from all employees, excluding constitutional officers.
Administrative Order PA/PI-CIR-99-33 is hereby rescinded.
DONE AND ORDERED in
Chambers at
_____________________________ David A. Demers, Chief Judge
cc: All
Judges
The
Honorable Bernie McCabe, State Attorney
The
Honorable Bob Dillinger, Public Defender
The
Honorable Karleen F. DeBlaker, Clerk of Court,
The
Honorable Jed Pittman, Clerk of Court,
Carol
Heath,
Betty
Henderson, Assistant Court Services
Gay L. Inskeep, Trial Courts Administrator
Bar Associations,
Law Libraries,
APPENDIX A
SIXTH JUDICIAL
CIRCUIT
SEXUAL HARASSMENT POLICY AND
COMPLAINT PROCEDURES AGAINST JUDGES
1. Policy
It is the policy of the Sixth Judicial
Circuit to make the workplace free of sexual harassment. Sexual harassment
occurs if there are unwe
1. Submission to such conduct is either explicitly or implicitly a term or condition of employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of interfering with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
It is the policy of the Sixth Judicial Circuit that complaints of sexual harassment will be treated seriously and acted upon promptly. The following procedures apply to complaints against judges made by employees or applicants for employment. Compliance with these procedures satisfies a Chief Judge’s disciplinary responsibilities under Canon 3 D(1) of the Code of Judicial Conduct.
2. Notification
The Chief Judge may designate any person, including a non-judge, to be responsible for receiving and documenting complaints of sexual harassment against judges of this circuit.
Any employee or applicant for employment with the court who believes that he or she is the subject of sexual harassment by a county judge or a circuit judge, or a senior judge should report his or her complaint in writing to the Chief Judge or to the Chief Judge’s designee. If any person has difficulty in writing out the complaint, the Chief Judge shall designate a person, who will not be involved in the adjudication thereof, to aid the complainant in reducing the complaint to writing.
If the Chief Judge is the subject of a complaint, the employee or applicant should report the complaint to the court administrator who will refer such complaint to the Chief Judge of the judicial circuit within the territory of the Second District Court of Appeal having the longest continuous service as Chief Judge. The Chief Judge to whom such a complaint is referred will assume all complaint investigation and resolution duties as provided for in these procedures. The Chief Judge to whom such a complaint is referred will also be responsible for maintaining any records pertaining to the complaint.
If an employee or applicant chooses not to file a formal complaint, but the Chief Judge has actual knowledge or receives information that a substantial likelihood exists that another judge has engaged in sexual harassment, the Chief Judge will inquire into the matter and take appropriate action.
3. Time for Filing Complaints
In order to ensure that the Sixth Judicial Circuit complaint procedures can be utilized without risk of precluding the filing of a charge of discrimination with state or federal entities, an employee or applicant should report an incident of sexual harassment within 90 days of the date of occurrence.
4. Investigation
A complaint of sexual harassment against a judge will be investigated promptly and thoroughly. If a complaint has been made to the Chief Judge, he or she may designate another person to make an initial inquiry into the complaint.
The Chief Judge or the Chief Judge’s designee will interview the complainant within five days of the submission of the complaint to ascertain relevant facts and circumstances. If the complainant does not divulge names or details of the incident(s), the Chief Judge or the Chief Judge’s designee will rely upon information that is available, to the extent possible. If another person has been designated to make an initial inquiry into the complaint, such designee will report details of the complaint to the Chief Judge within ten days of the submission of the complaint.
The Chief Judge may dismiss the complaint as unfounded or insufficient to constitute sexual harassment. If the complaint is sufficient to constitute sexual harassment, the Chief Judge may appoint an investigating officer or officers to formally investigate the complaint.
The Chief Judge or investigating officer(s) will interview the complainant, the judge involved, and witnesses, if any, and will review relevant materials. If any investigating officers have been appointed, such persons will submit a written report to the Chief Judge within thirty days of the submission of the complaint.
5. Resolution
The Chief Judge will determine the course of action for resolution of the complaint, and may appoint another person to resolve the complaint.
The Chief Judge may attempt to resolve the complaint informally through mutual conciliation by meeting with the complainant and judge to discuss a method of resolution, including alternative dispute resolution. In attempting to resolve the complaint, the Chief Judge may counsel or take other appropriate direct action with the judge involved.
If the complaint and investigation raise a substantial question as to a judge’s fitness for office, the Chief Judge will refer the complaint and all written documentation pertaining to the complaint to the Judicial Qualifications Commission.
6. Documentation and Confidentiality
All information pertaining to a complaint of sexual harassment must be documented and maintained by the Chief Judge or the Chief Judge’s designee.
All records made or received by the Chief Judge or the Chief Judge’s designee through use of these complaint procedures are exempt from public disclosure under rule 2.051(c)(3)(A), Florida Rules of Judicial Administration. Such records are exempt for the duration of an initial inquiry, formal investigation and resolution of the complaint, and at all times thereafter, unless the records are forwarded to the Judicial Qualifications Commission.
If records pertaining to a complaint are forwarded to the Judicial Qualifications Commission, such records will be confidential under Rule of Judicial Administration 2.051(c)(3)(A), and rule 23(a), Rules of the Judicial Qualifications Commission, until any
formal charges against the judge are filed by the Investigative Panel of the Commission with the clerk of the Florida Supreme Court.
Records within the possession of the Chief Judge or the Chief Judge’s designee pertaining to a complaint that have been forwarded to the Judicial Qualifications Commission will only become public upon formal charges being filed with the clerk of the ‘Florida Supreme Court.
7. Referral to the Judicial Qualifications Commission
These procedures do not preclude the referral of a complaint against a judge at any time by any person to the Judicial Qualifications Commission. If a complaint against a judge has been referred to the Judicial Qualifications Commission, no further action by a Chief Judge is required.
The Commission is responsible
for investigating all reported instances of judicial misconduct. The Commission
is located at:
32303-6224. The Commission’s
Executive
8. Referral
to the
the
These procedures do not preclude the filing of a charge of employment discrimination with the Florida Commission on Human Relations or the Equal Employment Opportunity Commission.
The Florida Commission on Human
Relations is located at:
The United States Equal Employment Opportunity Commission office with jurisdiction over complaints arising in the Sixth Judicial Circuit is located at:
APPENDIX B
Sixth Judicial Circuit
Sexual Harassment and Discrimination Policy
and Procedures
Revised as of
It is the policy of the Court to provide all employees of the Sixth Judicial Circuit with a work environment free from sexual harassment or any form of discrimination; including discrimination based on race, color, sex, religion, national origin, disability, marital status, or age; and a work environment free from retaliation against those who oppose or report discrimination or sexual harassment.
Under
Title VII of the Civil Rights Act of 1964, no employee, either male or female,
shall be subjected to unsolicited and unwe
Sexual
harassment is defined as unwe
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, 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 work environment.
An employee who believes he or she may be the subject of sexual harassment or discrimination should immediately report his or her complaint either orally or in writing in accordance with the procedures set forth below. In any instance in which the complainant believes that the reporting of a complaint to the individual specified below would be futile, the employee should proceed up the hierarchy to an appropriate level, up to and including the Chief Judge, in order to effectively register a complaint.
A. Complaints Against Co-Employees and Supervisors
Complaints
against co-employees should be reported to the complainant’s immediate
supervisor. If the complainant believes that reporting the conduct of
co-employees to the supervisor would be futile, or if the employee has a
complaint about the supervisor, the employee should report the conduct to the
Human Resources
After due consideration of all available information, the appointed person(s) shall expeditiously report the nature and facts of the complaint to the Chief Judge. The Chief Judge shall make a determination based upon the complaint and the report and shall take appropriate corrective action. Said action may include employee disciplinary action up to and including dismissal. The Chief Judge shall advise the Courts Administrator of the Court’s decision regarding the discrimination or harassment complaint. The Courts Administrator will meet with the complainant and appropriate individuals to advise them of the decision and impose any appropriate disciplinary action.
B. Complaints Against Judges by Employees
Any complaint of sexual harassment against a judge should be reported as provided in a separate policy (see Appendix A to Administrative Order 2004-077 PA/PI-CIR, Sixth Judicial Circuit Sexual Harassment Policy And Complaint Procedures Against Judges). Any complaint of discrimination against a judge should be reported to the Courts Administrator, who will in turn report the complaint to the Chief Judge. Such complaint will be investigated following a procedure established by the Chief Judge. Such procedure may include, but is not limited to:
1. Appointment of an independent person to investigate the complaint and report findings to the appointing judge.
2. Referral to a court-appointed individual or group of individuals for investigation as discussed in paragraph "A" above.
3. A meeting between the involved parties and the Chief Judge in an attempt to informally resolve the complaint. This procedure would be utilized only if mutually acceptable to all involved persons. The Chief Judge or the individuals involved may recommend formal alternative dispute resolution utilizing a court-certified mediator or arbitrator as a method for resolving the complaint. Alternative dispute resolution may be initiated at any stage of grievance resolution.
4. Referral to the Judicial Qualifications Commission.
Upon completion of any investigation under this paragraph, the Chief Judge shall make a determination based thereon and shall take appropriate corrective action, which may include referral to an appropriate outside agency.
C. Complaints Against the Courts Administrator by Employees
Any complaint against the Courts Administrator shall be brought directly to the attention of the Chief Judge. The Chief Judge shall determine the procedure for addressing the complaint, as specified above.
Upon completion of any investigation, the Chief Judge shall make a determination based thereon and shall take appropriate corrective action.
D. Complaints Against the Chief Judge by Employees
Any complaint of sexual harassment against the Chief Judge should be addressed as provided in a separate policy (see Appendix A to Administrative Order 2004-077 PA/PI-CIR, Sixth Judicial Circuit Sexual Harassment Policy And Complaint Procedures Against Judges). Any complaint of discrimination against the Chief Judge shall be brought to the attention of the Courts Administrator, who in turn will consult with the senior most former Chief Judge. Such former Chief Judge shall assume the responsibilities of the Chief Judge for purposes of carrying out the procedures under this policy. Alternatively, employees may directly contact the Equal Employment Opportunity Commission if they have complaints about the behavior on the part of the Chief Judge that indicates a violation of this policy.
E. Confidentiality and Records
Any
investigation of a complaint will be conducted in a professional, confidential,
and expeditious manner. Nothing in this
policy will guarantee protection from public access other than as provided in
All records made or received by the
Chief Judge or the Chief Judge’s designee through use of these complaint
procedures are exempt from public disclosure under rule 2.051(c)(3), and (8),
Florida Rules of Judicial Administration. Such records of complaints against
employees are exempt until a determination of probable cause is found. Any
record of resulting disciplinary action will be maintained in the disciplined
employee’s personnel file.
Such records of complaints against judges are exempt for the duration of an initial inquiry, formal investigation and resolution of the complaint, and at all times thereafter, unless the records are forwarded to the Judicial Qualifications Commission. If records pertaining to a complaint are forwarded to the Judicial Qualifications Commission, such records will be confidential under Rule of Judicial Administration 2.051(c)(3)(A), and rule 23(a), Rules of the Judicial Qualifications Commission, until any formal charges against the judge are filed by the Investigative Panel of the Commission with the clerk of the Florida Supreme Court.
Records within the possession of the Chief Judge or the Chief Judge’s designee pertaining to a complaint that have been forwarded to the Judicial Qualifications Commission will only become public upon formal charges being filed with the clerk of the ‘Florida Supreme Court.
F. Protection from Retaliation
In no
case will an employee be disciplined or otherwise retaliated against for
opposing harassment or discrimination in the workplace by reporting in good
faith any violation of this policy. However, any employee who is in receipt of
a complaint or has knowledge of a violation and fails to take action by
reporting the matter may be subject to disciplinary action ranging from a
written reprimand up to and including dismissal. Any employee who knowingly
files a false complaint of sexual harassment or other discrimination against
another person shall be subject to disciplinary action ranging from a written
reprimand up to and including dismissal.
G. Posting
This policy and the administrative order adopting it shall be posted at each courthouse location. This policy shall, further, be distributed as part of all new employee manuals and generally distributed to all judges and court staff on a periodic basis.
Sixth Judicial Circuit
POLICIES AND
PROCEDURES
I have received and read a copy of
(1) the Sexual Harassment Policy and Complaint
Procedures Against Judges
(2) the
Sixth Judicial Circuit Sexual Harassment and Discrimination Policy and
Procedures Revised as of
as adopted by Administrative
Order 2004-077 PA/PI-CIR . I understand the policy set forth regarding
discrimination and sexual harassment, the procedure for reporting and resolving
complaints, and the consequences of any violation of this policy.
__________________________________ Employee’s Name
__________________________________ Employee’s Signature
__________________________ Date
Human Resources