Difference between revisions of "Employment policy"
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| + | {{color bar header|title=Employment Policy|toc=yes}} |
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| − | ''The following comprises the office management policy of Wikimedia District of Columbia, adopted _________________.'' |
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| − | == |
+ | ==ARTICLE I - SCOPE== |
| + | 1. <u>Scope</u>. This Employment Policy ("Policy") details the employment regulations and practices of Wikimedia District of Columbia. |
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| − | 1. <u>Scope</u>. This policy details the policies for the hired employees of Wikimedia District of Columbia. The Board of Directors may, at its discretion, require independent contractors to adhere to all or part of this policy; such requirements shall not be construed as creating an employment arrangement. For the purposes of this policy, "office work" includes work done at official events as well as all online work. |
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| + | 2. <u>Applicability</u>. The provisions of this Policy shall apply to all past, present, and future employees of Wikimedia District of Columbia. |
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| − | 2. <u>Rights of Management</u>. Wikimedia District of Columbia retains the exclusive right to hire, direct and schedule the work force; to plan, direct and control operations; to discontinue or reorganize or combine any department or branch of operations with any consequent reduction or other changes in the work force; to hire and terminate employees; to promulgate rules and regulations; to introduce new or improved methods or facilities regardless of whether or not the same causes a reduction in the work force and in all respects to carry out, in addition, the ordinary and customary functions of management. None of these rights shall be exercised in a capricious or arbitrary manner. |
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| + | ==ARTICLE II - EMPLOYMENT AT WILL== |
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| − | 3. <u>Orientation</u>. It is the responsibility of the President or a designated supervisor or department head to provide orientation for new employees. Orientation includes the following: review of the employee's job description and core standards for evaluation; review of these personnel policies and practices; review of general policies and procedures of Wikimedia District of Columbia; and review of the employee's job title, salary and compensation agreements, work hours, time sheets and other record-keeping methods and pay practices, standards for employee conduct, attendance and punctuality. |
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| + | 1. <u>Nature of Employment</u>. An employee’s employment with Wikimedia District of Columbia is a voluntary one and is subject to termination by the employee or by Wikimedia District of Columbia at will, with or without cause, and with or without notice, at any time. |
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| + | 2. <u>Nature of Policy</u>. This Policy is not an employment contract and does not express or imply contractual obligations or assurance on the part of Wikimedia District of Columbia. This policy does not promise, and is not to be interpreted as promising, continued employment and does not limit the right of Wikimedia District of Columbia or any employee to terminate employment at any time with or without notice for any or no reason. Nothing in this Policy shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of Wikimedia District of Columbia employees. |
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| − | 4. <u>Probationary Period</u>. All new employees are required to serve a minimum 90-day probationary period during which employment may be terminated at the discretion of the President without recourse to the standard procedure for termination specified in our policies. This period may be extended at the discretion of the supervisor. If the immediate supervisor and/or President find the probationary employee's work unsatisfactory, this should be indicated to the employee as early as possible in the probationary period. No formal statement of cause is required but an informal explanation would normally be expected. Employees do not begin to accrue leave and are not entitled to join any corporate benefit plans until the successful completion of the probation period. The President may authorize leave with pay for illness or other emergencies with the understanding that should the employee not continue with Wikimedia District of Columbia after the 90-day probation (or long enough to earn the advanced leave), Wikimedia District of Columbia would reduce the employee's last paycheck by said number of days. |
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| + | 3. <u>Modification</u>. The policy of employment at will may be superseded only by a written employment agreement approved by the Board of Directors of Wikimedia District of Columbia. The policy may not otherwise be modified by any Officer or employee of Wikimedia District of Columbia. |
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| ⚫ | |||
| + | ==ARTICLE III - HIRING== |
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| − | ==Section 2. Attendance and Leave== |
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| + | 1. <u>Employment by Merit</u>. Employment at Wikimedia District of Columbia is based wholly on qualifications, competence, experience, training, and fitness for the job. |
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| − | 1. <u>Attendance</u>. Employees are expected to be at their designated office during previously agreed-upon office hours. Employees who experience a delay or emergency which will require them to be more than 30 minutes late in arriving should notify a member of the management team of their expected arrival time. Employees shall agree to work alternate hours at the request of the supervisor. Employees may, with approval of the supervisor, work alternate hours, so long as such modifications do not impair Wikimedia District of Columbia's operations. |
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| + | 2. <u>Non-Discrimination</u>. All staff members involved in the hiring process shall comply with the applicable provisions of Wikimedia District of Columbia's [[Non-discrimination policy|Non-Discrimination Policy]] at all times. |
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| − | 2. <u>Holidays</u>. All employees are entitled to paid leave for the following holidays: New Year's Day, Martin Luther King's Birthday, Washington's Birthday (also known as Presidents Day), Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. Wikimedia District of Columbia shall rely on federal law for the definitions of those holidays. When Christmas, New Year's Day or Independence Day falls upon a weekend, a nearby workday will be designated instead. |
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| + | 3. <u>Job Openings and Recruitment</u>. The President of Wikimedia District of Columbia is responsible for disseminating information regarding job openings, and for conducting the recruitment, screening, and selection process. |
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| − | 3. <u>Paid Vacation</u>. Non-probationary employees are permitted to use three weeks of paid vacation per year, with a maximum of seven calendar days of vacation per month permitted. At least one week's notice is required to make use of vacation time. |
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| + | 4. <u>Offers of Employment</u>. Each applicant selected for employment by Wikimedia District of Columbia shall receive an offer of employment letter which shall outline job title, salary, and any additional compensation and benefits. |
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| − | 4. <u>Sick Leave</u>. Full-time employees who successfully complete probation are entitled to sick leave, for a maximum of 8 days per year, of paid sick leave. Absences due to illness or medical appointment may be charged to sick leave. Before returning to work from a sick leave absence of five (5) calendar days or more, an employee must provide a physician’s verification that he or she may safely return to work. Unused sick leave does not carry over to the next fiscal year, and no pay is given in lieu of sick leave. Unused sick leave lapses without compensation upon the termination of employment with Wikimedia District of Columbia. Sick leave is to be taken in the event of the illness of an employee or, of the employee's dependent child; it is not an all purpose leave. Extended sick leave for a serious illness may be allowed by the President. Part-time employees are entitled to pro-rated time for sick leave. After 5 consecutive days of absence due to illness, an employee should file for short-term disability. Employees should call a member of the senior staff within one half-hour of starting time on the first day of absence. Employees whose illness extends beyond one day must advise their supervisor of their expected day of return. |
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| + | 5. <u>Orientation</u>. The President of Wikimedia District of Columbia is responsible for providing orientation for new employees. Orientation shall include, at minimum, a review of the following items: |
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| − | 5. <u>Disability Leave Without Pay</u>. Accrued sick leave may be used during medically verified disability. A request for medically verified disability should be approved by the President and a statement for the reason for the leave and intention to return to work at a specified date should be included. A disabled worker is entitled to 60 days of job protection. |
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| + | :(a) The employee's title, responsibilities, and work hours; |
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| + | :(b) The employee's salary, benefits, and other compensation; and |
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| + | 6. <u>Receipt of Policies</u>. Each new employee shall receive a copy of all employment-related policies of Wikimedia District of Columbia, and shall be required to sign a statement acknowledging receipt of said policies. |
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| − | 6. <u>Parental Leave</u>. Employees who become parents, either by birth or adoption, may receive a total of 3 months leave. During this time, employees will first be required to use any accrued sick and/or vacation time. The amount of sick and/or vacation time used will be the total accrued amounts as of the last day of work before the leave begins. The balance of the leave will be without pay although employees will continue to accrue sick leave to be used upon return. Following maternity/paternity leave an employee may return to the same position held by the employee when the leave commenced, if available, or to a position of substantially similar status, benefits and pay. |
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| + | ==ARTICLE IV - COMPENSATION== |
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| − | 7. <u>Jury Duty</u>. Full-time employees who have completed their probationary period and who are called to serve as jurors or are subpoenaed to appear before a court as a witness will receive their regular pay minus any jury duty pay or witness fee received for each work day while in court for jury duty or as a witness. The receipt of a notice to report to jury duty or of a subpoena shall be reported immediately to the President and/or member of the senior staff. Wikimedia District of Columbia reserves the right to request that the employee be exempted from jury duty if the employee's services are essential. |
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| ⚫ | 1. <u>Salaries and Wages</u>. All salaries and wages shall be set by the Board of Directors. In setting salaries, the Board of Directors shall consider the going rate for comparable work in the nonprofit sector, the need to attract talented employees who will advance the mission of Wikimedia District of Columbia, and the cost of living in the Washington, DC metropolitan area. |
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| + | 2. <u>Annual Reviews</u>. An annual review of salaries and wages shall take place, with adjustments being made to the pay scale as necessary. Notwithstanding the provisions of Article IV, Paragraph 1 of this Policy, the President shall be authorized to approve annual salary and wage increases, which shall not exceed ten percent (10%) of an employee's salary or wages, upon the satisfactory completion of an annual review for each employee. All salary increases shall be contingent upon the availability of sufficient funds. |
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| − | 8. <u>Military Leave</u>. A full-time employee who is a member of an organized reserve unit of the Armed Forces of the United States of the National Guard and who attends a regular military camp will be granted the time necessary to meet his or her obligation. A full-time employee who is a member of an organized reserve unit of the Armed Forces of the United States or the National Guard who is called into active duty shall be granted a military leave of absence for the period for which they are called. An employee must give the President immediate notice of the dates of intended absence. In the case of active duty, the employee shall report for work at Wikimedia District of Columbia no later than five days following discharge from active duty. Wikimedia District of Columbia cannot guarantee that any employee will return to the same position which they filled prior to the active duty, but will make every effort to provide an equivalent position. Military leave will not be counted against vacation days, but will instead be considered to be on a leave of absence without pay. |
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| + | 3. <u>Bonuses</u>. No bonuses or other performance incentives shall be paid to any employee of Wikimedia District of Columbia. |
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| − | ==Section 3. Financial== |
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| ⚫ | 1. <u> |
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| + | 4. <u>Leave</u>. All employees shall be eligible for paid and unpaid leave, as described in Wikimedia District of Columbia's [[Employee attendance and leave policy|Employee Attendance and Leave Policy]]. |
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| − | 2. <u>Reimbursement for Expenses</u>. Reimbursement for expenses incurred in performing official duties shall be requested through the submission of an expense claim form to the Treasurer with adequate documentation of expenses. Employees are automatically entitled to reimbursement for necessary office supplies and travel required in the course of duty. Reimbursement for other office expenses are allowed with the approval of the supervisor. |
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| + | 5. <u>Other Compensation</u>. No other benefits or compensation shall be granted to any employee, except as specifically authorized by the Board of Directors. |
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| − | 3. <u>Payroll</u>. The Treasurer, or his or her designee, shall maintain a payroll and withhold taxes as required by law. Payment shall be disbursed from a designated payroll account on a biweekly basis. |
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| + | ==ARTICLE V - EMPLOYEE CONDUCT== |
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| − | ==Section 4. Terminations== |
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| + | 1. <u>Compliance with Policies</u>. All employees are required to comply with all policies of Wikimedia District of Columbia at all times. |
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| − | 1. <u>At-Will Employment</u>. Wikimedia District of Columbia, as an at-will employer, may dismiss any employee at any time for any cause or no cause. However, where feasible, the President or appropriate supervisor should seek to resolve problems which arise from employee conduct before considering termination. |
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| − | 2. <u> |
+ | 2. <u>Public Statements</u>. No employee shall make any public statement on behalf of Wikimedia District of Columbia without the authorization of the President. |
| + | 3. <u>Drug-Free Workplace</u>. Whenever employees are working at Wikimedia District of Columbia, operating any Wikimedia District of Columbia vehicle, present on Wikimedia District of Columbia premises, or conducting Wikimedia District of Columbia-related work off-site, they are prohibited from using, possessing, buying, selling, manufacturing or dispensing any illegal drug or drug paraphernalia; or being under the influence of alcohol, cannabis, or any illegal drug. Any illegal drugs or drug paraphernalia shall be turned over to an appropriate law enforcement agency and may result in criminal prosecution. |
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| − | 3. <u>Upon Termination</u>. Upon termination, the key to the office should be turned in to the President or another member of the senior staff on the last day of employment. The employee is also responsible to give a status report on all current work, present files, records, and other materials in a clear manner to the President or a delegated representative. |
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| + | ==ARTICLE VI – EMPLOYEE RELATIONSHIPS== |
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| − | Appendix: The following constitutes a non-exhaustive list of potential circumstances which may result in employment termination: |
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| + | 1. <u>Discouraged</u>. Wikimedia DC strongly discourages romantic or sexual relationships between a management or other supervisory employee and their staff (an employee who reports directly or indirectly to that person), because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions affecting the staff employee. Moreover, given the uneven balance of power within such relationships, consent by the staff member is suspect and may be viewed by others or, at a later date, by the staff member themselves as having been given as the result of coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation, or coercion or exploitation undermines the spirit of trust and mutual respect which is essential to a healthy work environment. |
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| − | : a. Neglect of duties. |
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| − | : b. Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved. |
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| − | : c. Physical or mental incapacity to perform his/her duties. |
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| − | : d. Insufficiency in the performance of duties as reflected in the evaluation. |
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| − | : e. Violation of lawful directives (written or verbal), policy or direction given by an immediate supervisor, or the failure to obey any lawful or reasonable direction when such violation amounts to insubordination or serious breach of discipline. |
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| − | : f. Conduct unbecoming to an employee of Wikimedia District of Columbia during working hours, which may discredit the organization. |
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| − | : g. Offensive conduct or language toward the public or community, supervisor or administrative personnel. |
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| − | : h. Criminal, disorderly or immoral conduct while on duty. |
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| − | : j. Negligence or willful damage to corporate property or waste of agency, supplies, and equipment. |
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| − | : k. Misrepresentations or false statements on applications, or Wikimedia District of Columbia programs or operations. |
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| − | : l. Intoxication/use of drugs during working hours and not in control of mental or physical faculties. |
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| + | 2. <u>Burden of Proof</u>. In all cases, the burden of proving sexual harassment rests with the accuser. However, when charges of harassment are brought by the subordinate employee during or subsequent to such a relationship, and the supervisor claims that the relationship was consented to by the employee, the burden to prove that the relationship was consensual and voluntary shall rest with the supervisor. |
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| − | ==Section 5. Grievances== |
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| ⚫ | 1. <u>Informal Process</u>. Whenever an |
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| + | 3. <u>Notification</u>. If any Wikimedia DC employee enters into a consensual relationship which is romantic or sexual in nature with a member of their staff (an employee who reports directly or indirectly to him or her), or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify the President. Although the parties may feel that what they do during non-working hours is their business and not the business of the company, because of potential issues regarding "quid pro quo" harassment, Wikimedia DC has made this a mandatory requirement. This requirement does not apply to employees who do not work in the same department, nor to parties who do not supervise or otherwise manage responsibilities over the other. |
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| ⚫ | 2. <u>Formal Process</u>. If all reasonable, informal efforts to resolve a complaint fail, the individual may formalize the complaint as a grievance by placing the complaint in writing; stating specifically the nature, the dates and times and the alleged problem; listing the individuals thought to be responsible; and stating concisely the relief or remedy sought for the grievance. All grievances shall be signed by the individual submitting the matter for review |
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| − | All grievance matters become a formal insert into an employee's personnel folder. The informal process described above, if followed and resolution is reached, need not be part of such records. |
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| + | 4. <u>Actions with Respect to Consensual Sexual Relationships</u>. Once the relationship is made known to the President, they shall review the situation in light of all the facts (including the reporting relationship between the parties, the effect on coworkers, and the job titles of the parties), and shall determine whether one or both parties need to be moved to another job or department. If it is determined that one party must be moved, and there are jobs in other departments available for both, the parties may decide who will be the one to apply for a new position. If the parties cannot amicably come to a decision, or the party is not chosen for the position to which they applied, the parties shall contact the President, who shall decide which party should be moved. That decision will be based on which move will be least disruptive to the organization as a whole. If it is determined that one or both parties must be moved, but no other jobs are available for either party, the parties will be given the option of terminating their relationship or resigning. |
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| − | ==Section 6. Other Regulations== |
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| − | 1. <u>Staff Meetings</u>. Staff are required to attend scheduled meetings as needed. |
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| + | ==ARTICLE VII - TERMINATION== |
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| − | 2. <u>Copyright</u>. In consideration of Wikimedia District of Columbia's mission and goals, all employees shall continue to own the copyright to their work, so long as said work is made available under the Creative Commons Attribution ShareAlike license. |
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| + | 1. <u>Resignation</u>. An employee who wishes to terminate their employment with Wikimedia District of Columbia is required to submit a written statement of resignation to the President. The employee's employment shall terminate upon the date indicated in such statement, or immediately upon receipt of said statement if no date is indicated. |
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| + | 2. <u>Severance Pay</u>. No employee shall be eligible to receive severance pay upon termination, except as specifically authorized by the Board of Directors. |
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| − | 3. <u>Employment at Will</u>. The description of current policies should not be construed as a contract of employment or as a statement that these policies will not change. Continued employment of an individual shall be at the will of the employer, subject only to the applicable laws forbidding discrimination. |
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| − | 4. <u>Representation</u>. Formal representation (like staff participating on Boards as) and public statements, both written and verbal regarding Wikimedia District of Columbia shall be made only with the approval of the President. These include press releases, interviews, proposals, speeches, training sessions, advertisements, brochures and other public relations materials. |
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| + | 4. <u>Return of Property</u>. Upon termination, the employee shall return any Wikimedia District of Columbia property in their possession to the President. The employee's final paycheck, if any, may be withheld until such time as this property is returned. |
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| − | 5. <u>Drug-Free Workplace</u>. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited at Wikimedia District of Columbia. Employment will be immediately terminated if any employee is found to be engaged in any such activities. In the event that any employee has a problem with alcohol or drug abuse and wishes to participate in a rehabilitation or special assistance program, the employee should speak to a member of the management team. Wikimedia District of Columbia will work with the employee to find appropriate treatment. |
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| + | ==ARTICLE VIII - GRIEVANCES== |
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| − | 6. <u>Network Security</u>. Employees have access to trusted networks and computer accounts. It is the responsibility of the employee to prevent unauthorized access to such networks and computers. If any suspected breach takes place, it must be reported to an appropriate supervisor immediately. |
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| ⚫ | 1. <u>Informal Process</u>. Whenever an employee believes that a situation, condition, or event related to their employment or status is unsatisfactory, and is subject to the control of Wikimedia District of Columbia, they are expected and encouraged to take every reasonable step to resolve their complaints informally through discussions with the President and/or the employee's immediate supervisor. All parties to this informal process shall exercise their best efforts to determine an equitable solution to the grievance, complaint or problem. |
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| ⚫ | 2. <u>Formal Process</u>. If all reasonable, informal efforts to resolve a complaint fail, the individual may formalize the complaint as a grievance by placing the complaint in writing; stating specifically the nature, the dates and times and the alleged problem; listing the individuals thought to be responsible; and stating concisely the relief or remedy sought for the grievance. All grievances shall be signed by the individual submitting the matter for review. The individual shall submit the written formal grievance to the President, who shall acknowledge its receipt in writing and shall conduct an appropriate inquiry or investigation into the facts. The President, in conjunction with the Board of Directors, may grant the grievance, deny the relief requested, or provide such other remedy as is deemed just and reasonable. The President's decision shall list the findings, the reasons for the conclusions reached, and the proposed resolution, and shall be issued no later than two weeks after the receipt of the grievance. |
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| + | [[Category:Policies]] |
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Latest revision as of 17:47, 12 August 2018
ARTICLE I - SCOPE
1. Scope. This Employment Policy ("Policy") details the employment regulations and practices of Wikimedia District of Columbia.
2. Applicability. The provisions of this Policy shall apply to all past, present, and future employees of Wikimedia District of Columbia.
ARTICLE II - EMPLOYMENT AT WILL
1. Nature of Employment. An employee’s employment with Wikimedia District of Columbia is a voluntary one and is subject to termination by the employee or by Wikimedia District of Columbia at will, with or without cause, and with or without notice, at any time.
2. Nature of Policy. This Policy is not an employment contract and does not express or imply contractual obligations or assurance on the part of Wikimedia District of Columbia. This policy does not promise, and is not to be interpreted as promising, continued employment and does not limit the right of Wikimedia District of Columbia or any employee to terminate employment at any time with or without notice for any or no reason. Nothing in this Policy shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of Wikimedia District of Columbia employees.
3. Modification. The policy of employment at will may be superseded only by a written employment agreement approved by the Board of Directors of Wikimedia District of Columbia. The policy may not otherwise be modified by any Officer or employee of Wikimedia District of Columbia.
ARTICLE III - HIRING
1. Employment by Merit. Employment at Wikimedia District of Columbia is based wholly on qualifications, competence, experience, training, and fitness for the job.
2. Non-Discrimination. All staff members involved in the hiring process shall comply with the applicable provisions of Wikimedia District of Columbia's Non-Discrimination Policy at all times.
3. Job Openings and Recruitment. The President of Wikimedia District of Columbia is responsible for disseminating information regarding job openings, and for conducting the recruitment, screening, and selection process.
4. Offers of Employment. Each applicant selected for employment by Wikimedia District of Columbia shall receive an offer of employment letter which shall outline job title, salary, and any additional compensation and benefits.
5. Orientation. The President of Wikimedia District of Columbia is responsible for providing orientation for new employees. Orientation shall include, at minimum, a review of the following items:
- (a) The employee's title, responsibilities, and work hours;
- (b) The employee's salary, benefits, and other compensation; and
- (c) The employment-related policies of Wikimedia District of Columbia.
6. Receipt of Policies. Each new employee shall receive a copy of all employment-related policies of Wikimedia District of Columbia, and shall be required to sign a statement acknowledging receipt of said policies.
ARTICLE IV - COMPENSATION
1. Salaries and Wages. All salaries and wages shall be set by the Board of Directors. In setting salaries, the Board of Directors shall consider the going rate for comparable work in the nonprofit sector, the need to attract talented employees who will advance the mission of Wikimedia District of Columbia, and the cost of living in the Washington, DC metropolitan area.
2. Annual Reviews. An annual review of salaries and wages shall take place, with adjustments being made to the pay scale as necessary. Notwithstanding the provisions of Article IV, Paragraph 1 of this Policy, the President shall be authorized to approve annual salary and wage increases, which shall not exceed ten percent (10%) of an employee's salary or wages, upon the satisfactory completion of an annual review for each employee. All salary increases shall be contingent upon the availability of sufficient funds.
3. Bonuses. No bonuses or other performance incentives shall be paid to any employee of Wikimedia District of Columbia.
4. Leave. All employees shall be eligible for paid and unpaid leave, as described in Wikimedia District of Columbia's Employee Attendance and Leave Policy.
5. Other Compensation. No other benefits or compensation shall be granted to any employee, except as specifically authorized by the Board of Directors.
ARTICLE V - EMPLOYEE CONDUCT
1. Compliance with Policies. All employees are required to comply with all policies of Wikimedia District of Columbia at all times.
2. Public Statements. No employee shall make any public statement on behalf of Wikimedia District of Columbia without the authorization of the President.
3. Drug-Free Workplace. Whenever employees are working at Wikimedia District of Columbia, operating any Wikimedia District of Columbia vehicle, present on Wikimedia District of Columbia premises, or conducting Wikimedia District of Columbia-related work off-site, they are prohibited from using, possessing, buying, selling, manufacturing or dispensing any illegal drug or drug paraphernalia; or being under the influence of alcohol, cannabis, or any illegal drug. Any illegal drugs or drug paraphernalia shall be turned over to an appropriate law enforcement agency and may result in criminal prosecution.
ARTICLE VI – EMPLOYEE RELATIONSHIPS
1. Discouraged. Wikimedia DC strongly discourages romantic or sexual relationships between a management or other supervisory employee and their staff (an employee who reports directly or indirectly to that person), because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions affecting the staff employee. Moreover, given the uneven balance of power within such relationships, consent by the staff member is suspect and may be viewed by others or, at a later date, by the staff member themselves as having been given as the result of coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation, or coercion or exploitation undermines the spirit of trust and mutual respect which is essential to a healthy work environment.
2. Burden of Proof. In all cases, the burden of proving sexual harassment rests with the accuser. However, when charges of harassment are brought by the subordinate employee during or subsequent to such a relationship, and the supervisor claims that the relationship was consented to by the employee, the burden to prove that the relationship was consensual and voluntary shall rest with the supervisor.
3. Notification. If any Wikimedia DC employee enters into a consensual relationship which is romantic or sexual in nature with a member of their staff (an employee who reports directly or indirectly to him or her), or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify the President. Although the parties may feel that what they do during non-working hours is their business and not the business of the company, because of potential issues regarding "quid pro quo" harassment, Wikimedia DC has made this a mandatory requirement. This requirement does not apply to employees who do not work in the same department, nor to parties who do not supervise or otherwise manage responsibilities over the other.
4. Actions with Respect to Consensual Sexual Relationships. Once the relationship is made known to the President, they shall review the situation in light of all the facts (including the reporting relationship between the parties, the effect on coworkers, and the job titles of the parties), and shall determine whether one or both parties need to be moved to another job or department. If it is determined that one party must be moved, and there are jobs in other departments available for both, the parties may decide who will be the one to apply for a new position. If the parties cannot amicably come to a decision, or the party is not chosen for the position to which they applied, the parties shall contact the President, who shall decide which party should be moved. That decision will be based on which move will be least disruptive to the organization as a whole. If it is determined that one or both parties must be moved, but no other jobs are available for either party, the parties will be given the option of terminating their relationship or resigning.
ARTICLE VII - TERMINATION
1. Resignation. An employee who wishes to terminate their employment with Wikimedia District of Columbia is required to submit a written statement of resignation to the President. The employee's employment shall terminate upon the date indicated in such statement, or immediately upon receipt of said statement if no date is indicated.
2. Severance Pay. No employee shall be eligible to receive severance pay upon termination, except as specifically authorized by the Board of Directors.
3. Payment for Unused Vacation. Any employee who provides at least two weeks' notice prior to termination shall be entitled to receive payment for all unused vacation accrued as of the effective date of termination.
4. Return of Property. Upon termination, the employee shall return any Wikimedia District of Columbia property in their possession to the President. The employee's final paycheck, if any, may be withheld until such time as this property is returned.
ARTICLE VIII - GRIEVANCES
1. Informal Process. Whenever an employee believes that a situation, condition, or event related to their employment or status is unsatisfactory, and is subject to the control of Wikimedia District of Columbia, they are expected and encouraged to take every reasonable step to resolve their complaints informally through discussions with the President and/or the employee's immediate supervisor. All parties to this informal process shall exercise their best efforts to determine an equitable solution to the grievance, complaint or problem.
2. Formal Process. If all reasonable, informal efforts to resolve a complaint fail, the individual may formalize the complaint as a grievance by placing the complaint in writing; stating specifically the nature, the dates and times and the alleged problem; listing the individuals thought to be responsible; and stating concisely the relief or remedy sought for the grievance. All grievances shall be signed by the individual submitting the matter for review. The individual shall submit the written formal grievance to the President, who shall acknowledge its receipt in writing and shall conduct an appropriate inquiry or investigation into the facts. The President, in conjunction with the Board of Directors, may grant the grievance, deny the relief requested, or provide such other remedy as is deemed just and reasonable. The President's decision shall list the findings, the reasons for the conclusions reached, and the proposed resolution, and shall be issued no later than two weeks after the receipt of the grievance.