Common use of Appeal Procedures Clause in Contracts

Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review. b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University. c. No appeal shall commence until all possible appeals are known. d. A member who intends to appeal the decision of the Xxxxxxx and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the Xxxxxxx and Vice-President, Academic. e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures. f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each application. g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal. h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows: i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel. k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary. l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the Xxxxxxx and Vice- President, Academic shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representative, either within the ten

Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review. b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University. c. No appeal shall commence until all possible appeals are known. d. A member who intends to appeal the decision of the Xxxxxxx and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the Xxxxxxx and Vice-President, Academic. e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures. f. The Secretary to the University, within two weeks of immediately upon receipt of the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each application. g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal. h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows: i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel. k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor and, if so, to identify the advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary. l. The Secretary to the University will make the following information available to the Hearing Panel, the member, and the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor within two (2) weeks of the Hearing Panel being struckreceipt of the Notice of Appeal: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. The member may review these dossiers in the office of the Secretary to the University and may request copies of any of these dossiers, in whole or in part. The Secretary to the University shall provide such copies in a timely manner. In the case of confidential letters, identifying names will be deleted prior to postingcopying. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, advisor and the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at At the end of the appeal processappeal, all materials obtained from the Secretary to the University will be returned to the Secretary for shredding. The Both the member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor and the advisor of the Xxxxxxx and Vice- Vice-President, Academic Academic’s advisor shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, member and the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative their advisors at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representativeadvisors, either within the tenten (10) days leading up to the Appeal Hearing, or during the hearing process, the other party has the right to require a ten (10) day adjournment of proceeding.

Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review. b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University. c. No appeal shall commence until all possible appeals are known. d. A member who intends to appeal the decision of the Xxxxxxx and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the Xxxxxxx and Vice-President, Academic. e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures. f. The Secretary to the University, within two weeks of immediately upon receipt of the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each application. g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal. h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows: i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they he/she must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel. k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor and, if so, to identify the advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary. l. The Secretary to the University will make the following information available to the Hearing Panel, the member, and the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor within two (2) weeks of the Hearing Panel being struckreceipt of the Notice of Appeal: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. The member may review these dossiers in the office of the Secretary to the University and may request copies of any of these dossiers, in whole or in part. The Secretary to the University shall provide such copies in a timely manner. In the case of confidential letters, identifying names will be deleted prior to postingcopying. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, advisor and the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at At the end of the appeal processappeal, all materials obtained from the Secretary to the University will be returned to the Secretary for shredding. The Both the member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor and the advisor of the Xxxxxxx and Vice- Vice-President, Academic Academic’s advisor shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their his/her appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their his/her written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, member and the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative their advisors at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representativeadvisors, either within the tenten (10) days leading up to the Appeal Hearing, or during the hearing process, the other party has the right to require a ten (10) day adjournment of proceeding.

Appeal Procedures. a. An appeal dealing with When an evaluatee and evaluator cannot resolve a deferral or denial difference of tenure and/or a denial opinion during any stage of promotion shall proceed on the basis evaluation process, the evaluatee may request the assistance of a de novo reviewSchool Evaluation Committee. The findings of this Committee are not binding on either party. The Committee’s opinion reflects only an assessment of the facts presented and a recommendation for resolution. b. Prior The Committee is composed of three mutually agreed upon certificated representatives from the school. If the school is small, Committee members may be requested from elsewhere in the District. If necessary, each Committee member shall be entitled to compensated release time not to exceed one (1) day per year for each evaluatee’s case. Additional release time may be authorized at the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion discretion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the UniversitySuperintendent. c. No Within five (5) working days after an evaluatee knows of the conditions upon which the appeal is based, he/she may request, in writing, from his/her evaluator that a School Evaluation Committee be formed. The Committee shall commence until all possible appeals are knownbecome functional within six (6) working days from such a request. d. A member who intends to appeal the decision of the Xxxxxxx The Committee may confer with either party and Vice- President, Academic must file shall render a Notice of Appeal with the Secretary to the University written recommendation within ten five (105) working days of receiving the decision of the Xxxxxxx and Vice-President, Academicafter becoming functional. e. The Secretary If either party disagrees with the Committee’s recommendation, either the evaluatee or evaluator may request, in writing, within five (5) working days after receipt of the Committee’s recommendation, a review by the administrator with immediate administrative responsibilities for the position to which the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal proceduresevaluator is assigned. f. The Secretary This administrator shall confer with both parties and the Committee, shall review all written documents, and shall communicate his/her decision to the Universityboth parties, in writing, within two weeks of receipt of five (5) working days after receiving the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each applicationreview request. g. The Secretary to appeal procedures stated in paragraphs e. and f. may be repeated at the University will convene a meeting request of either party at the Appeals Committee within one month of receiving the Notice of Appealnext higher administrative level. h. The Appeals Committee will strike In case the disagreement reaches the Superintendent’s level, he shall render a Hearing Panel final decision and shall communicate the decision, in writing, to hear the appeal(s) as follows:all parties, utilizing time limitations and procedures specified in paragraphs 5.e, 5.f, and 5.g. i. In the absence of any administrator required to render a decision as required in this Article, the Superintendent shall appoint a substitute. j. The Hearing Panel will be determined by District reserves the Appeals Committee that is right to proceed with dismissal proceedings in place at accordance with time requirements stated in the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the Education Code before completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panelprocedures. k. The member shall notify the Secretary Each evaluatee is entitled to the University if they intend compensated release time not to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary exceed one day per year to the University if they intend to be assisted and/or represented by an advisor. In the case process appeals under Section B.5 of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretarythis Article. l. The Secretary Evaluation Form shall contain a reference to the University will make the following information available employee’s right to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the Xxxxxxx and Vice- President, Academic shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part procedure. This Article was entered into pursuant to Section 3543.2(b) of an appealthe Government code. o. Within four A. An employee in the bargaining unit may be disciplined by the District for just cause. The term “discipline” shall mean suspension without pay for up to and including fifteen (415) weeks days. A verbal and/or written reprimand will precede discipline except for conduct which is of being provided with all such nature that injures or threatens to injure the materials described in 21A.02 (l), the member shall provide written submissions to the Chair safety of the Hearing Panelpupils or other employees, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy or causes or threatens disruption of the member’s written submissions are provided to educational program or the Xxxxxxx and Vice-President, Academic immediately upon receipt possible consequences of the document repetition require immediate action by the Chair of the Hearing PanelDistrict. p. Within two (2) weeks of the member providing their written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representative, either within the ten

Appeal Procedures. a. An appeal dealing with When an evaluatee and evaluator cannot resolve a deferral or denial difference of tenure and/or a denial opinion during any stage of promotion shall proceed on the basis evaluation process, the evaluatee may request the assistance of a de novo reviewSchool Evaluation Committee. The findings of this Committee are not binding on either party. The Committee’s opinion reflects only an assessment of the facts presented and a recommendation for resolution. b. Prior The Committee is composed of three mutually agreed upon certificated representatives from the school. If the school is small, Committee members may be requested from elsewhere in the District. If necessary, each Committee member shall be entitled to compensated release time not to exceed one (1) day per year for each evaluatee’s case. Additional release time may be authorized at the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion discretion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the UniversitySuperintendent. c. No Within five (5) working days after an evaluatee knows of the conditions upon which the appeal is based, he/she may request, in writing, from his/her evaluator that a School Evaluation Committee be formed. The Committee shall commence until all possible appeals are knownbecome functional within six (6) working days from such a request. d. A member who intends to appeal the decision of the Xxxxxxx The Committee may confer with either party and Vice- President, Academic must file shall render a Notice of Appeal with the Secretary to the University written recommendation within ten five (105) working days of receiving the decision of the Xxxxxxx and Vice-President, Academicafter becoming functional. e. The Secretary If either party disagrees with the Committee’s recommendation, either the evaluatee or evaluator may request, in writing, within five (5) working days after receipt of the Committee’s recommendation, a review by the administrator with immediate administrative responsibilities for the position to which the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal proceduresevaluator is assigned. f. The Secretary This administrator shall confer with both parties and the Committee, shall review all written documents, and shall communicate his/her decision to the Universityboth parties, in writing, within two weeks of receipt of five (5) working days after receiving the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each applicationreview request. g. The Secretary to appeal procedures stated in paragraphs e. and f. may be repeated at the University will convene a meeting request of either party at the Appeals Committee within one month of receiving the Notice of Appealnext higher administrative level. h. The Appeals Committee will strike In case the disagreement reaches the Superintendent’s level, he shall render a Hearing Panel final decision and shall communicate the decision, in writing, to hear the appeal(s) as follows:all parties, utilizing time limitations and procedures specified in paragraphs 5.e, 5.f, and 5.g. i. In the absence of any administrator required to render a decision as required in this Article, the Superintendent shall appoint a substitute. j. The Hearing Panel will be determined by District reserves the Appeals Committee that is right to proceed with dismissal proceedings in place at accordance with time requirements stated in the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the Education Code before completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panelprocedures. k. The member shall notify the Secretary Each evaluatee is entitled to the University if they intend compensated release time not to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary exceed one day per year to the University if they intend to be assisted and/or represented by an advisor. In the case process appeals under Section B.5 of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretarythis Article. l. The Secretary Evaluation Form shall contain a reference to the University will make the following information available employee’s right to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the Xxxxxxx and Vice- President, Academic shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appealprocedure. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representative, either within the ten

Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review. b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals)1. This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University. c. No appeal shall commence until all possible appeals are known. d. A member who intends to Any party affected by this policy may appeal the decision of the Xxxxxxx and Vice- President, Academic must file a President of the Company under this policy. Notice of Appeal with the Secretary intent to the University within ten (10) working days of receiving the decision of the Xxxxxxx and Vice-President, Academic. e. The Secretary appeal must be made in writing to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures. f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each application. g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal. h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows: i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University Company and President of the Union (where applicable) within seven (7) days of receiving a written decision which is disputed. 2. Should a party choose to appeal the matter under this policy, the appeal will be to an outside Disputes Resolution Officer (DRO). This person will be selected from the list in Schedule B attached hereto. The persons listed here have agreed to serve in the capacity of resolving disputes arising from the harassment policy. Their appointment is hereby confirmed by the parties to this agreement. The decision of the DRO will be binding. Once finalized, the DRO will forward the decision to the President of the Company, the complainant, the (alleged) harasser and the President of the Union shall jointly appoint (where applicable), in writing. The decision will be implemented immediately. (Possible responses— see Schedule C attached.) This selection of Complaint Officers will enable employees at various levels involved in a Librarian IV dispute to serve on choose someone from within the Hearing PanelCompany to investigate their complaint. If there is no available Librarian IV at the University, the President The complainant may choose from any one or more of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel. k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisorComplaint Officers listed below. In the case event that the Complaint Officer chooses to decline to hear the complaint, another Complaint Officer shall be chosen. The list of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany Complaint Officers will be changed only in consultation with the member with notification union. 1. Xxxxxx Xxxxx 3. Xxxxx Xxxxx 2. Xxxx Xxxxxxxx 4. TBD The parties agree that where issues are referred to the Secretary. l. The Secretary to Disputes Resolution Officer under Appendix A of this document, the University will make Disputes Resolution Officer shall be selected from the following information available on a mutually agreeable basis, between the complainant and the (alleged) harasser. If this does not result in mutual agreement, then the selection to be mutually agreed to between the Hearing Panel, Union (where applicable) and the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the UniversityCompany. In the case of confidential lettersevent that mutual agreement is not possible, identifying names then the selection will be deleted prior in rotation, starting with the first available on the list in this appendix. It is further agreed that in the second event, where mutual agreement fails to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representativeselect a DRO, the Hearing Panelrotation shall start at the person next in line, and if applicableon a first- available basis. 1. Xxxxx XxXxxxxx (LRB) 2. Xxxxx Xxxxxx 2. Xxxxxx Xxxxxxx (LRB) 4. Xxxxxx Xxxx (WCAT) If harassment has been identified, their Indigenous Elder any one or Traditional Knowledge Carrier/Keeper. Members more of the Hearing Panel will destroy any copies of following responses may be deemed to be appropriate in the materials at circumstance. This list is not intended to be exhaustive. • make changes in reporting structures • require a verbal or written apology by the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the Xxxxxxx and Vice- President, Academic shall be granted access harasser • issue a written warning to the dossiers identified aboveharasser • reassign (transfer) the harasser to another area • terminate the harasser’s employment • require the harasser to undergo mandatory harassment awareness counseling. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representative, either within the ten

Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review. b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University. c. No appeal shall commence until all possible appeals are known. d. A member who intends to appeal the decision of the Xxxxxxx and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the Xxxxxxx and Vice-President, Academic. e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures. f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each application. g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal. h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows: i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the Xxxxxxx and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel. k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary. l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the Xxxxxxx and Vice- President, Academic shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisoradvisors, or union representative, either within the ten

Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review. b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University. c. No appeal shall commence until all possible appeals are known. d. A member who intends to appeal the decision of the Xxxxxxx and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the Xxxxxxx and Vice-President, Academic. e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures. f. The Secretary to the University, within two weeks of immediately upon receipt of the Notice of Appeal, will provide a copy to the Xxxxxxx and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the Xxxxxxx and Vice-President, Academic; ii. all recommendations to the Xxxxxxx and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the Xxxxxxx and Vice-President, Academic’s decision on each application. g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal. h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows: i. The Hearing Panel will be determined by the Appeals Committee that is in place at on July 1st following the time the Notice of Appeal member being in receipt of the Xxxxxxx and Vice- Vice-President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearingdecision. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel. k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the Xxxxxxx and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary. l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck: i. a copy of the decision of the Xxxxxxx and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the Xxxxxxx and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the Xxxxxxx and Vice- President, Academic shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this see Article, from faculty whose dossiers are used as part of an appeal. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their written submissions, the Xxxxxxx and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the Xxxxxxx and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the Xxxxxxx and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the Xxxxxxx and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the Xxxxxxx and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representative, either within the ten