Anti-Harassment Policy

As amended through June 11, 2024
Anti-Harassment Policy
(a) The Board is committed to providing a work environment at the OSB that is free of harassment and discrimination based on or because of an individual's protected class status.
(b) As the employer of the Chief Executive Officer, the Board recognizes its responsibility to maintain a work environment that is free from behaviors, actions, and/or language that constitute workplace harassment (including sexual harassment) or discrimination by Board members, bar visitors, bar members, contractors, and vendors.
(c) The Board will comply and follow OSB's Employee Discrimination and Workplace Harassment Policy as its Anti-Harassment Policy, with the following additions.
(1) Board members who observe or receive information or a complaint about harassment or intimidation must report the information immediately to the President, President-Elect, CEO, or General Counsel.
(i) If the President is the subject or target of a complaint, the information should be reported to the President-Elect, CEO, and General Counsel.
(ii) If the CEO is the subject or target of a complaint, the information should be reported to the President, General Counsel, and the OSB Director of Human Resources.
(2) Reports of harassment by Board members or the CEO will be investigated by a third-party investigator, at the direction of General Counsel or outside counsel, and, in consultation with the CEO, President, or President-Elect, if appropriate. Those who are the subject or target of a complaint shall not take part in the selection of a third-party investigator.
(i) The third-party investigator will provide regular and timely updates to the target and subject of the complaint regarding the expected timeline and status of the investigation. During the pendency of the investigation, the Board will implement reasonable steps to prevent harm to the individuals implicated in the complaint. Upon the conclusion of the investigation, outside counsel will inform the target and subject of the complaint whether or not the investigator concluded the complaint was founded. The outside counsel will also notify the target of the harassment or intimidation of any corrective action taken.
(ii) The Board may request to see a summary of the investigation or the full investigatory report, at its option. If the report is attorney-client privileged, any review will take place in executive session with the assistance of outside counsel.
(iii) If the Board considers discipline of a public official or the CEO, the discussion of possible disciplinary action may take place in executive session under ORS 192.660(2)(b), unless the subject of the discussion requests the discussion take place in open session.
(3) The Board will undertake corrective action upon review of the third-party's investigative report.
(i) If the CEO is found by the third-party investigator's report to have engaged in harassment or intimidation contrary to the OSB Employee Discrimination and Workplace Harassment Policy, the Board shall take appropriate corrective or disciplinary action, up to and including termination as provided in the contract for employment.
(ii) If a Board member is found by the third-party investigator's to have engaged in harassment or intimidation contrary to this policy, the Board shall take appropriate corrective or disciplinary action, up to and including loss of committee appointments, removal from officer positions, or suspension, or removal from the Board, as provided in the Bar Act and OSB Bylaws.
(iii) The Board may also opt for corrective action to include attendance at educational session or sessions; participation in individual coaching or counselling; limitations on direct communication with CEO or bar staff; or prohibition on serving as an official bar representative at bar and community events.
(4) The Board may also undertake restorative action, including a written or oral apology by the subject of the complaint (if agreed by both individuals); facilitated conversation between the target and subject of the complaint (if agreed by both individuals); payment to target for counselling or legal advice (either by the bar or the subject of the complaint); or board educational session or debrief.
Adopted effective 4/14/2023.