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Town of Middleton Policies
Code D - Personnel # 3.5
Code D - 3.5
1
1. STATEMENT OF POLICY
1.1 The Town of Middleton seeks to provide a safe, healthy, and rewarding work
environment for its employees. Sexual harassment is unacceptable and will not be
tolerated within our organization.
1.2 We have developed this policy to prevent sexual harassment and to deal quickly and
effectively with an incident. Employees who violate this policy may be subject to a wide
range of disciplinary measures, including dismissal for cause.
2. DEFINITION OF SEXUAL HARASSMENT
2.1 Under the Nova Scotia Human Rights Act, "sexual harassment" means:
2.1.1 vexatious sexual conduct or a course of comment that is known or
ought reasonably to be known as unwelcome,
2.1.2 a sexual solicitation or advance made to an individual by another
individual where the other individual is in a position to confer a
benefit on, or deny a benefit to, the individual to whom the
solicitation or advance is made, where the individual who makes
the solicitation or advance knows or ought reasonably to know that
it is unwelcome, or
2.1.3 a reprisal or threat of reprisal against an individual for rejecting a
sexual solicitation or advance.
2.2 Examples of sexual harassment that will not be tolerated include:
2.2.1 sexist jokes causing embarrassment or offence, told or carried out
after the joker has been advised that they are embarrassing or
offensive, or that are by their nature clearly embarrassing or
offensive;
2.2.2 leering;
2.2.3 the display of sexually explicit material;
2.2.4 sexually degrading words used to describe a person;
2.2.5 sexually suggestive or obscene comments;
2.2.6 unwelcome inquiries or comments about a person's sex life;
2.2.7 unwelcome sexual flirtations, advances, propositions;
SEXUAL HARASSMENT POLICY
Effective Date
2024.02.21
Approved by Council
Motion # 240220.04
Town of Middleton Policies
Code D - Personnel # 3.5
Code D - 3.5
2
2.2.8 requests for sexual favours;
2.2.9 unwanted touching.
3. APPLICATION
3.1 This policy applies to sexual harassment occurring at the workplace, in the course of work,
or during any activities which could reasonably be associated with the Town of Middleton
(including social events).
4. INFORMAL RESOLUTION
4.1 On occasion, sexual harassment can be dealt with directly and informally through
communication with the person engaging in the unwelcome behaviour. Where
employees feel comfortable doing so, they should communicate a clear message that the
conduct or comments are offensive or unwelcome. However, the Town of Middleton
recognizes that there may be circumstances where direct communication is
inappropriate. Although informal resolution is encouraged where possible, it is not a
prerequisite to making a sexual harassment report under this policy.
4.2 Where an employee does not wish to bring the matter directly to the attention of the
person engaging in the unwelcome behaviour or where such an approach is attempted
and does not produce a satisfactory result, the employee should report the sexual
harassment as outlined below.
5. MAKING AN INTERNAL SEXUAL HARASSMENT REPORT
5.1 Sexual harassment should be reported as soon as possible after experiencing or
witnessing the behaviour. This allows the incident to be addressed in a timely manner.
5.2 Employees are encouraged to report any incidents to their direct supervisor. If their direct
supervisor is the person engaging in the sexual harassment, contact the Chief
Administrative Officer.
5.3 Employees can report sexual harassment verbally or in writing. When reporting verbally,
the organization representative receiving the report will document the report in writing.
5.4 The report should include the following information:
5.4.1 name(s) of the person who has allegedly experienced sexual harassment;
5.4.2 name(s) of the alleged harasser(s);
5.4.3 names of any witnesses or other persons with relevant information about the
incident and contact information (if known);
Town of Middleton Policies
Code D - Personnel # 3.5
Code D - 3.5
3
5.4.4 details of what happened including date(s), frequency, and location(s) of the
incident(s);
5.4.5 any supporting documents that the person making the report has which are
relevant to this matter.
5.5 All reports of sexual harassment shall be kept confidential except to the extent necessary
to protect employees, to investigate the complaint, to take corrective action or otherwise
as required by law.
6. INVESTIGATION
6.1 The Town of Middleton will ensure that an investigation appropriate to the circumstances
is conducted when a report of sexual harassment is made. Reports of sexual harassment
will be investigated in a fair, respectful and timely manner.
6.2 The Chief Administrative Officer will determine who will conduct the investigation.
Depending on the allegations and the people involved, the investigation may be referred
to an external investigator.
6.3 Outcome of Investigation
6.3.1 After the investigation is concluded, both the person making the report and the
person alleged to have engaged in sexual harassment will be informed of the
findings.
6.3.2 If the investigator concludes that there has not been a violation of this policy,
there will be no documentation concerning the report placed on the file of person
alleged to have engaged in sexual harassment.
6.3.3 If the Town of Middleton concludes that there has been a violation of this policy,
the employee who violated the policy will be disciplined appropriately.
7. DISCIPLINARY ACTION
7.1 Employees and officers of the Town of Middleton against whom a complaint of
employment-related sexual harassment is substantiated may be severely disciplined, up
to and including dismissal, except where because of statutory tenure dismissal cannot be
imposed, up to and including public censure by the Council of the Town.
Town of Middleton Policies
Code D - Personnel # 3.5
Code D - 3.5
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8. NO RETALIATION
8.1 Regardless of the outcome of a report made in good faith, the employee making the
report as well as anyone providing information during an investigation will be protected
from retaliation.
9. REPORTS MADE IN BAD FAITH
9.1 A report made in bad faith shall constitute grounds for disciplinary action against the
person making the report. A bad faith report is a report that is made with a conscious
design to mislead or deceive, or with a malicious or fraudulent intent.
10. EXTERNAL REPORTING OPTIONS
10.1 Employees also have external options to report sexual harassment. An employee may
contact the Nova Scotia Human Rights Commission to make a complaint of sexual
harassment or may contact the police if they believe that criminal activity has occurred.
I,
, Chief Administrative Officer of the Town
of Middleton, do hereby certify that the Policy, of which the foregoing is a true copy, was duly
passed at a duly called meeting of the Town Council of the Town of Middleton held on the 20th
day of November 2023.
Chief Administrative Officer
Policy Adoption
Date of 7-day notification to Council
February 5, 2024
Date of Approval
February 20, 2024
Ashley Crocker
3.5 Sexual Harassment Policy 2024
Final Audit Report
2024-02-28
Created:
2024-02-22
By:
Krista Grear ([email protected])
Status:
Signed
Transaction ID:
CBJCHBCAABAAePQ1r8eWmM_R8Xrf5tWicF1UBQaNb7sx
"3.5 Sexual Harassment Policy 2024" History
Document created by Krista Grear ([email protected])
2024-02-22 - 12:55:47 PM GMT
Document emailed to Ashley Crocker ([email protected]) for signature
2024-02-22 - 12:56:02 PM GMT
Email viewed by Ashley Crocker ([email protected])
2024-02-28 - 3:21:53 PM GMT
Document e-signed by Ashley Crocker ([email protected])
Signature Date: 2024-02-28 - 3:22:24 PM GMT - Time Source: server
Agreement completed.
2024-02-28 - 3:22:24 PM GMT