Your course of action would typically involve filing a complaint of sexual harassment with the state fair employment and housing commission. They have the authority to investigate, mediate, litigate, or issue you a right to sue letter.
This is the legally prescribed method for preserving your right to sue if the matter is not resolved through this agency's process.
It is best to also retain a local employment law attorney to represent you in this matter. Look for ones who take contingency fee cases if possible.
Here is a link to initiate a claim with that agency:
Since the offender remains in his position, you would typically have a valid basis for alleging that the sexual harassment has not been resolved.
The witness to the harassment may be subpoenaed for a deposition if a lawsuit is ultimately filed against the employer. They would be compelled to testify under oath through this process.
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