Common use of Complaint Procedure Clause in Contracts

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Complaint Procedure. Section A. The administration may commence an investigation as to the authenticity of any information related to a complaint from a member of the general public. No such complaint will be placed in any personnel file of a certified member unless: 1. Complaints involving charges A conference was held including the complainant, the bargaining unit staff member, and the principal or immediate supervisor of sexual harassmentthe bargaining unit member. 2. The findings and resolution, crime (whether misdemeanor if any, of the aforementioned conference have been reduced to writing by the principal or felony), or charges of discrimination are explicitly excluded from consideration under this Articlethe immediate supervisor and initialed by the bargaining unit member. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and initialing shall not be subject construed as agreeing with the document, but only that the bargaining unit member received a copy of the document. 3. In the event a record of the conference held between the complainant, bargaining unit member and immediate supervisor is filed in the bargaining unit member's personnel file, the certified bargaining unit member shall be notified in writing and be given an opportunity to write a rebuttal to such record for placement in the personnel file. Such rebuttal must be filed within ten (10) working days from the date notice is given to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures staff member. B. Complaints will be discussed advanced through the administration with attempts of resolution at the Adjunct Faculty Member in lowest possible level. No complaint regarding a separate meeting bargaining unit member will be considered by the Board unless the procedure outlined above has been followed. Should the complaint not be resolved at the conclusion of the administrative complaint procedure and the Adjunct Faculty Member complainant desires Board consideration of the complaint, then the following procedure shall be implemented: 1. Complainant shall notify the Superintendent in writing of his/her request for Board consideration of the complaint at the next regular Board meeting. 2. Notice of the Board consideration of the complaint will be given to the opportunity bargaining unit member involved by means of registered mail at least five (5) working days prior to the Board meeting. Notice will be mailed to the last registered address of the bargaining unit member filed with the Board. 3. The complaint shall be heard by the Board in executive session. The bargaining unit member will be allowed to attend the executive session and will be allowed to have a union one (1) representative present; no Member shall be disciplined without just causeaccompany him/her to the meeting. Section 34. Any complaint about an Adjunct Faculty Member shall be immediately investigated The Board may excuse all interested parties from the executive session for private consideration of the matter. 5. Resolution by Board action will become a part of the President or designee. If the complaint appears to have substancebargaining unit member's file, the complaint and the name bargaining unit member shall receive a copy of the person making the complaint should generally be provided action. The bargaining unit member may attach an opinion or statement to the Adjunct Faculty Member filed complaint within fourteen ten (1410) calendar working days of the bargaining unit member's receipt of the complaintBoard action. Section 4. The complaint and the results C. A certified staff member is entitled to representation at all levels of this procedure. D. A copy of the investigation conducted by Zanesville City Schools Procedures for Implementation of Policies Relating to Equal Education Opportunities will be posted in each building at the President or designee shall be put into writing. If beginning of each school year and at any time thereafter when changes in the investigation appears to substantiate the complaint, as soon as possible after such determination has procedures have been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Master Agreement, Master Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, 12.8.1 The policies and proceduresadministrative regulations have been established by the School Trustees to help carry out their responsibilities. Both parties agree that policies and administrative regulations are not a part of this Agreement and, as such, are completely outside the scope of this Agreement. Section 2. Complaints by students which fall within 12.8.2 The parties hereby recognize the purview existence of District Student Grievance Procedures shall be processed policies and investigated under that procedure regulations (to which the employees covered by the Agreement are bound, which are subject to change by the School Trustees and shall relate to subject matter not be subject to covered by the provisions of this ArticleAgreement). 12.8.3 The parties agree that any dispute arising under the application and/or administration of such policies or regulations relating to subject matter not covered by the provisions of this Agreement shall be processed in accordance with the following: 12.8.3.1 As a courtesy to all parties involved, the complainant and the District (principal, supervisor, administrator, Area Superintendent, Human Resources) will advise each other at least two (2) days before meetings/hearings in this procedure who, other than the grievant or principal xx.xx. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed present. 12.8.3.2 The Complainant shall have the right to be represented by a person of his/her choosing except as restricted in 12.5.1.1. 12.8.3.3 All disagreements should be taken up in the first instance with the Adjunct Faculty Member in principal, supervisor or administrator. Every reasonable effort will be made to resolve any complaint by an employee or employees through a separate meeting with the principal, appropriate supervisor, or administrator. The employee may request the presence of a faculty member or another member of the bargaining unit at the meeting. 12.8.3.4 In case a satisfactory solution is not reached, an employee may file a formal complaint on the appropriate form. Prior to submitting the complaint, the employee will notify the administrator of his/her decision to file. The complaint shall state the nature of the complaint including the specific policy, regulation or other appropriate procedure, practice or subject which is the basis for the complaint. The complaint shall be distributed to the principal/supervisor and the Adjunct Faculty Member will be given appropriate Area Superintendent and Human Resources. 12.8.3.5 A meeting with the opportunity to have a union representative present; no Member appropriate Area Superintendent shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member established within fourteen ten (1410) calendar days of receipt of the complaintrequest. The Area Superintendent shall respond in writing to the complaint within ten (10) days of the date of the meeting. Once the written proposed resolution to the complaint is presented, the complainant has five (5) days to respond or the complaint is settled at this level. Section 412.8.3.6 If a satisfactory resolution is not reached at the Area Superintendent Level, the complainant may notify Human Resources that he/she wishes to appeal the Area Superintendent’s response to the Superintendent Level. The complaint and A meeting with the results of the investigation conducted by the President Superintendent or her/his designee shall be put into writingestablished within ten (10) days of receipt of the request. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President The Superintendent or her/his designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed respond in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond writing to the complaint and reach a settlementwithin ten (10) days of the date of the meeting. The Adjunct Faculty Member may be represented by decision of the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response Superintendent or her/his designee shall be attached to the complaintfinal. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.(2019)

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. Section Any complaint arising from the unit member’s performance of duties as an employee of the Board shall not become a part of the unit member’s personnel file without the following steps: 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felonyA complaint concerning a unit member(s) must be submitted in writing to the Principal. The Principal shall give a copy to the unit member(s), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within A meeting involving the purview of District Student Grievance Procedures shall be processed unit member, the Principal, and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures complainant will be discussed with arranged at a mutually convenient time to discuss the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designeecomplaint. If the complaint appears complainant refuses to have substancemeet with the unit member and Principal within thirty (30) days, the complaint will be withdrawn from the Principal’s file and destroyed in the name presence of the person making unit member. Following the meeting, the Principal shall attach a statement describing the manner in which the complaint should generally be provided was handled. The unit member may attach his/her own statement to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing3. If the investigation appears complainant is not satisfied with the Principal’s disposition, the complainant may appeal to substantiate the Director of Certificated/Licensed Personnel, who will hold a hearing in which the participants shall include the involved unit member and the unit member’s immediate supervisor. The complaining party may be present if the party desires. 4. If the complainant or unit member is dissatisfied with the Director of Certificated/Licensed Personnel’s disposition of the complaint, as soon as possible after such determination has been madethe matter may be appealed in writing to the Superintendent who shall hold a hearing in which the participants shall include the involved unit member and the unit member’s immediate supervisor. The complaining party may be present if the party desires. 5. If the complainant or unit member is dissatisfied with the Superintendent’s disposition of the complaint, the President or designee matter may be appealed in writing to the Board who shall meet with hold a hearing in private during an official meeting, and then rule on the Adjunct Faculty Member to discuss the issues which seem to be involvedmatter by public action. The Adjunct Faculty Member decision of the Board shall be final. 6. In each of the steps above, a unit member may be accompanied by counsel and/or an Association Representative. 7. Conferences regarding such matters shall be in private. A unit member’s personnel file shall be opened to the public only as required by law. If a member of the public seeks to review a unit member’s personnel file, the unit member will be advised of such request, and, if available, may be present or have a representative present when his/her personnel file is viewed. 8. The unit member may be represented in a disciplinary hearing by the Association during this meetinga representative of his/her choosing. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 4 contracts

Samples: Master Contract, Master Contract, Master Contract

Complaint Procedure. Section 1The Board and the Association agree that when another person questions a practice or decision made by a staff member, the most appropriate and constructive way to begin to deal with the question is for the person to deal directly with the staff member. Complaints involving charges Any subsequent comments concerning the quality of sexual harassment, crime (whether misdemeanor or felony), or charges performance of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints a staff member made to any member of the Administration by students which fall within the purview of District Student Grievance Procedures another person shall be processed and investigated under that procedure and shall not be subject according to the provisions procedures outlined in the steps below. When a criminal offense is involved, these procedures shall be waived. The employee has a right to representation by a person of their own choosing and a member of the grievance committee throughout this Articleprocedure. Step 1 In the event a complaint is not resolved to the satisfaction of all parties, the supervisor shall provide the employee with a written statement of the complaint. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed The employee may request a conference with the Adjunct Faculty Member in a separate meeting complainant and the Adjunct Faculty Member will be given supervisor to attempt to resolve the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designeecomplaint. If the complaint appears to have substanceis unresolved as a result of such conference or if no mutually acceptable conference can be agreed on, the complaint and the name of the person making the complaint should generally be provided shall move to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaintStep 2. Section 4. The Step 2 Any complaint and the results of the investigation conducted unresolved under Step 1 shall be reviewed by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member Superintendent in an attempt to further understand resolve the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled matter to the satisfaction of all parties during concerned. Upon review of the meeting provided for in Section 5written complaint, the Adjunct Faculty Member may prepare Superintendent shall confer with all parties within ten (10) workdays. If, after a written response meeting of the parties, the Superintendent is unable to resolve a complaint to the complaintsatisfaction of all parties concerned, (s)he shall forward the results of his/her investigation along with his/her recommendation, in writing, to the Board and a copy to all parties concerned. The response After receipt of the findings and recommendations of the Superintendent, and before action thereon, the Board shall afford the parties the opportunity to meet with the Board and show cause why the recommendations of the Superintendent should not be followed. Copies of the action taken by the Board shall be attached forwarded to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel fileall parties. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges about members of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges the bargaining unit which may be legally handled by the Board and the Administration and which the Board and/or the Administration deems significant enough to investigate shall be pursued under appropriate lawshandled in accordance with this procedure: Step 1: With the exception of Title VII of the Civil Rights Act of 1962 as amended, policies and procedures. Section when a complaint is made by a parent or a student or any other member of the public, the principal shall notify the member within two (2) work days of receiving said complaint. Complaints by students which fall within If, after investigating the purview complaint, the principal determines that the complaint has merit, he/she shall institute the complaint procedure commencing at either step two (2) or step three (3) of District Student Grievance Procedures shall be processed and investigated under that the procedure and shall not be subject to depending upon the provisions nature of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designeecomplaint. If the complaint appears is Title VII in nature, it shall immediately be reduced to have substancewriting to allow for documentation of Title VII complaints and resolutions. Step 2: The principal shall arrange an informal conference with the complaining party and the member of the bargaining unit involved in an effort to resolve the complaint. If the complaint is not satisfactorily resolved at this step, the complaint must be reduced to writing and submitted at Step 3. Step 3: If the complaint is not satisfactorily resolved at Step 2, or is submitted at this step, a conference will be arranged by the principal which shall include the complaining party, the member and the name of principal to resolve the person making problem. The principal shall summarize the issue as presented at the conference with a copy forwarded to the member, the complaining party and the superintendent. Step 4: If the complaint should generally is not resolved satisfactorily at Step 3, a formal conference will be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet held with the Adjunct Faculty Member to discuss the issues which seem to be involvedsuperintendent. The Adjunct Faculty Member Each party may be represented by counsel or a representative of choice. A copy of the Association during this meetingsuperintendent's summary will be forwarded to the member and the complaining party. Section Step 5. If, after : If the meeting prescribed in Section 4, there appears superintendent is unable to be causeresolve the complaint satisfactorily, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond will be referred to the complaint Board with a copy of the principal's summary and reach a settlement. The Adjunct Faculty Member may be represented by copy of the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaintsuperintendent's summary. The complaint will be forwarded to the Board prior to the meeting in which it will be discussed. Such discussion will be held in executive session with the member and his/her counsel or representative of choice, the principal, the superintendent, and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel filecomplaining party. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 3 contracts

Samples: Negotiated Contract, Negotiated Contract, Negotiated Contract

Complaint Procedure. Section 1. Complaints involving charges 7.6.1 The timelines for the regular grievance procedure are initiated if a unit member chooses to pursue a complaint through any internal complaint procedure the District has in dealing with complaints of sexual harassment. 7.6.2 The complainant, crime the accused, and employees interviewed about the complaint have a right to union representation during all meetings with management regarding the complaint. Management will inform all affected employees of this right and allow them sufficient time to secure union representation prior to being interviewed. 7.6.3 At least two management persons (whether misdemeanor or felonyone man and one woman) shall be specially designated for receipt of sexual harassment complaints. These individuals will be trained in dealing with complaints of sexual harassment. All employees shall be informed of the persons designated to receive complaints. 7.6.4 Sexual harassment complaints shall be in writing and shall include descriptions of the conduct complained of (including date, time, location, etc.), or charges and the names of discrimination are explicitly excluded from consideration under this Articlethe complainant and any witnesses. Such charges The complainant shall be pursued under appropriate laws, policies and proceduresallowed to request a particular remedy in the complaint. Section 2. Complaints by students which fall within 7.6.5 When a complaint is filed, the purview District shall inform the complainant of District Student Grievance Procedures her/his right to file a discrimination complaint with the Department of Fair Employment and Housing and/or the Equal Employment Opportunity Commission, and the procedures for filing. 7.6.6 The accused shall be processed and investigated under that procedure and given a copy of the written complaint. Otherwise, information regarding the complaint shall not be subject disclosed to anyone, except as necessary to conduct the provisions of this Article. Any subsequent disciplinary action resulting from investigation and to resolve the Student Grievance Procedures will be discussed with the Adjunct Faculty Member complaint. 7.6.7 The District shall engage in a separate meeting prompt, thorough, and impartial investigation of the Adjunct Faculty Member will complaint. The accused shall be given the opportunity to have consult with a union representative present; no Member in advance of any investigatory interview and given adequate opportunity to respond to each allegation. Investigations shall be disciplined without just causelimited to interviews with individuals who reasonably might be considered to have information relevant to the specific allegations in the complaint. All unit members, including the complainant, and the accused, shall be given release time to participate in the investigation. Section 3. Any complaint about 7.6.8 The District shall inform the complainant and the accused in writing of the results of the investigation, including an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears analysis of relevant evidence with respect to have substance, each allegation in the complaint and the name of the person making the complaint should generally be provided a specific finding as to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of whether sexual harassment did or did not occur with respect to each allegation in the complaint. Section 47.6.9 If the complaint is found valid, the District shall take prompt corrective action, reasonably calculated to end the harassment. Prior to taking such action, the District shall provide notice of the proposed action to the complainant, the accused and the Association, and shall allow five (5) work days for a response. Any discipline imposed on a unit member under this section shall be consistent with principles of just cause and progressive discipline. The complaint and District shall inform the results complainant in writing of the investigation conducted action taken, if any, to ensure that the problem is corrected. Otherwise, all information regarding any proposed or actual disciplinary action shall be kept confidential by the President or designee shall be put into writing. District. 7.6.10 If the investigation appears to substantiate the complaintcomplaint is withdrawn or found invalid, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or the investigation shall not be referred to respond to in either the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meetingcomplainant’s and/or accused personnel file or used for any purpose. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response 7.6.11 There shall be attached to the no retaliation against any individual for filing or providing information regarding a sexual harassment complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. (i) This Clause does not preclude an employee from filing a complaint under Section 1. Complaints involving charges 13 of sexual harassmentthe B.C. Human Rights Code, crime (whether misdemeanor or felony)however, or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the B.C. Human Rights Tribunal or to the process specified in Clause 31.03. In either event, a complaint of harassment, if included as an element of a grievance shall not be pursued through the process identified in Clause 31.03. (ii) The employee may submit a written complaint to the Executive Director and President of the Union, providing full particulars of the allegation, including the name(s) of the individual(s) involved, the pertinent date(s), and the wrongdoing which is alleged to have occurred. (iii) Upon receipt of a written complaint, and subject to (ii) above, the provisions Executive Director and President of the Union will request Xxxx XxXxxxxxx, or a mutually agreed alternate, to conduct an investigation. (iv) A complaint filed under this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures Clause will be discussed dealt with the Adjunct Faculty Member in a separate meeting confidential manner. (v) An employee who files a written complaint which would be seen by a reasonable person to be frivolous, vindictive or vexatious may be subject to disciplinary action. Disciplinary action taken may be grieved pursuant to Article 9 - Grievance Procedure. (vi) The Investigator will have the same powers as an arbitrator. The Union and Employer will share equally in the Adjunct Faculty Member payment of fees and expenses of the Investigator. (vii) The Investigator will be given requested to complete their investigation within thirty (30) days, and will provide a copy of the opportunity investigation to have a union representative present; no Member shall be disciplined without just causethe Employer, Union and complainant. Section 3(viii) The Investigator has no authority to amend the Collective Agreement, nor to make recommendations with respect to systemic issues. Any The recommendations of the Investigator will be for the purpose of resolving the complaint about an Adjunct Faculty Member shall between the complainant and respondent(s), only. Such recommendations will be immediately investigated implemented by the President or designee. If the complaint appears to have substance, the complaint Employer and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt will constitute a final resolution of the complaint, binding on all parties. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassmentA. If a written complaint is made against an employee, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures complainant will be discussed asked to sign that complaint and the Principal will share the written complaint with the Adjunct Faculty Member in a separate employee during the initial meeting between the Principal and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designeeemployee. If the complaint appears is not written, the Principal will share the information provided by the complainant during the initial meeting between the Principal and the employee. If, after that meeting, the Principal decides that the complaint needs to have substancebe investigated further because it might lead to discipline, be considered in the employee’s evaluation or be placed in the employee’s personnel file, the complainant and/or the Principal will set down the specific details of the complaint and the name of complainant shall sign the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaintdocument. Section 4. B. The complaint and employee, if he/she so requests, may have the results representative of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meetinghis/her choice at meetings involving complaints made against that employee. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. C. If the complaint canis not resolved through the discussion with the building Principal, then the employee may appeal the decision to the Superintendent. D. Any such complaint which the Administration chooses not to discuss with the employee or which is not discussed pursuant to Section A, above, within ten (10) working days, shall not be settled considered in the employee’s evaluation, placed in the employee’s personnel file, or used in any subsequent action by the District. E. Only complaints, which are signed by the complainant and which are determined to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response valid shall be placed in the Adjunct Faculty Memberemployee’s Personnel personnel file, used in his/her evaluation, and/or used as basis for discipline. The complaint must be signed by the employee but, if said employee refuses to sign the complaint, it will still be processed if warranted and noted of the refusal to sign. Section 7. At any point F. If a complaint is placed in the employee’s personnel file, it shall include at which least the following information: name of the employee against whom the complaint is judged to be untrue or unsubstantiated, all records made; the date and nature of the complaint; and the name and signature of the party making the complaint. G. Any action taken by the District as a result of a complaint shall be removed from for just cause and may be appealed through the Grievance Procedure. H. Only complaints, which are signed by a complainant, shall be processed in accordance with this Procedure. The District, however, retains the right to investigate concerns raised in a complaint and, if the concerns are substantiated by evidence independent of the complaint, to administer appropriate discipline in compliance with the provisions of Article 5, Section B, of this Agreement. I. The employee has the right to respond in writing to any complaint. If the complaint is placed in the employee’s personnel file, this written response will be included.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. Section 1(a) For the purposes of this Article a "complaint" means a written complaint or reprimand with regard to a teacher's performance of his or her duties. Complaints involving charges In the event a complaint could also be the subject of sexual harassmenta grievance as defined in paragraph 15.02 below, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges the grievance procedure shall be pursued under appropriate laws, policies apply and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from paragraph 15.01 shall not apply and in any event, in the Student Grievance Procedures will be discussed with case of any conflict between the Adjunct Faculty Member in a separate meeting complaint procedure and the Adjunct Faculty Member will be given grievance procedure in this Collective Agreement, the opportunity to have a union representative present; no Member grievance procedure shall be disciplined without just causeprevail. Section 3. Any (b) Where the Principal or the Vice-Principal or the Director of Education receives a complaint, is the author of a complaint about or changes an Adjunct Faculty Member oral complaint to a written regarding a teacher's performance of his or her duties, the teacher concerned shall be immediately investigated by the President or designee. If the complaint appears to have substance, notified and shall receive a copy of the complaint and attempts shall be made, with the teacher concerned, as much as possible, to resolve the complaint informally. (c) Failing settlement of a complaint pursuant to paragraph 15.01(b), a representative of XXXXX and, at the option of the representative of OTTAS, the Principal and the Vice-Principal and the Director of Education, shall meet, within ten (10) school days of the complaint being received, with the teacher concerned who may have a representative of OTTAST present at such a meeting, in order to resolve the complaint. Any other appropriate person mutually agreed upon by the representative of XXXXX and the teacher concerned may also be present. (a) Within the terms of this Agreement, a grievance shall be defined as a difference relating to the interpretation, application, administration or alleged violation of this Agreement and shall also include any grievance submitted under paragraph 6.07 and shall also include a complaint. Any question as to whether a matter is arbitrable may be processed under the grievance procedure and be submitted to arbitration. (b) There shall be a statement of grievance which shall indicate the name of the person making griever, shall state the complaint should generally be provided facts giving rise to the Adjunct Faculty Member within fourteen (14grievance, shall specify the date on which the incident giving rise to the grievance occurred, shall identify by specific reference the provision(s) calendar days of receipt of this Agreement alleged to be violated, and shall indicate the complaint. Section 4relief sought. The complaint and All grievances shall be submitted on the results of the investigation conducted grievance form agreed to by the President or designee shall be put into writing. If the investigation appears to substantiate the complaintparties, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meetingin Appendix "B" attached hereto. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassmentWhen a complaint is made about any bargaining unit member by a person concerning a member’s conduct or other activities that relate to the member’s employment duties, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges the member shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within informed of the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated stated concern by the President or designee. If the complaint appears to have substanceBuilding Principal as soon as possible, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen but no later than five (145) calendar working days of after receipt of the complaint. The Building Principal and member will attempt to resolve the concern with the person. Section 42. The In no case shall such a complaint and be grounds for action or reprimand or discipline against a member without the results member having prior notice that would allow a reasonable period of time for the member to attempt to resolve the concern, or be provided a meeting with representation if requested, or provide information on the issue to the administration. 3. Should the person still not be satisfied with the resolution of the investigation conducted by Building Principal or should the President or designee shall member and/or principal believe the accusation should not be put into writing. If handled at the investigation appears to substantiate the complaint, as soon as possible after such determination has been madebuilding level, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member complaint may be represented by referred to the Association during this meeting. Section 5Superintendent. If, after hearing the meeting prescribed in Section 4, there appears to be causecomplaint, the person making Superintendent believes an investigation of the complaint shall meet accusation(s) is warranted, the Superintendent will arrange a conference with the President or designee and accused member. In arranging the Adjunct Faculty Member in an attempt to further understand conference, the complaint or to respond to Superintendent will inform the complaint and reach a settlement. The Adjunct Faculty Member may be represented by member that Association representation at the Association during this meeting. Section 6conference is advisable. If the complaint cannot be settled member desires representation and is unable to obtain it on the satisfaction of all parties during day the meeting provided for in Section 5conference is scheduled, the Adjunct Faculty Member may prepare a written response to conference will be rescheduled. At this initial conference, the Superintendent will inform the member of the accusation(s) against the member. The Superintendent will also advise the maker of the complaint, the accused, and any other persons involved in the case of the desirability of maintaining confidentiality while the investigation is in progress. 4. In the event that the accusations involve criminal action, the Superintendent may notify the appropriate legal authorities in order that a proper investigation may be conducted. The response shall be attached to Superintendent may conduct an investigation, however, the complaint. The complaint and Superintendent will not discuss the Adjunct Faculty Member’s response shall be placed facts of the case with any person not involved in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which investigation other than the complaint is judged to be untrue or unsubstantiated, all records members of the complaint shall be removed from Board in executive session, until circumstances indicate that termination of the personnel filemember’s employment or other disciplinary measure is advisable.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Complaint Procedure. Section A. Complaint Against An Instructional Staff Member 1. Complaints involving charges A conference was held including only the complainant, the certified staff member, and the principal or immediate supervisor of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Articlethe certified staff member. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and The staff member shall not be subject prejudiced by his/her participation in this paragraph (1) conference without representation. 2. A conference was held including the principal or immediate supervisor, complainant (if willing to attend), and the staff member (with right to representation by the Association). 3. The findings, resolution, and understanding, if any, of the aforementioned paragraph, (2) conference have been reduced to writing by the principal or the immediate supervisor and initialed by the certified staff member. Such initialing shall not be construed as agreeing with the document but only that the certified staff member received a copy of the document. Refusal to initial findings and resolution will be noted and the materials filed per A.(4). 4. In the event the administration desires to place the record of the conference held between the complainant, staff member and immediate supervisor in the staff member’s personnel file, the certified staff member shall be notified in writing and be given an opportunity to write a rebuttal to such record for placement in the personnel file. Such rebuttal must be filed within ten (10) school days from the date notice is given to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures staff member. B. Parental complaints will be discussed conducted through administrative channels with attempts of resolution at the Adjunct Faculty Member in lowest possible level. No parental complaint regarding a separate meeting teacher will be considered by the Board unless the procedure outlined above has been followed. Should the complaint not be resolved at the conclusion of the administrative complaint procedure, and the Adjunct Faculty Member complainant desires Board consideration of the complaint, the following procedure shall be implemented. 1. Complainant shall notify the Superintendent in writing of his/her request for Board consideration of the complaint at the next regular Board meeting. 2. Notice of the Board consideration of the complaint will be given to the opportunity teacher involved by means of registered mail at least five (5) school days prior to have a union representative present; no Member the Board meeting. Notice will be mailed to the last registered address of the teacher filed with the Board. 3. The complainant shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated heard by the President or designeeBoard in executive session. If The teacher will be allowed to remain in the complaint appears to have substance, executive session called for the purposes of Board consideration of the complaint and the name of the person making the complaint should generally will be provided allowed to have one (1) representative accompany him/her to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaintmeeting. Section 4. The complaint Board may excuse all interested parties from the executive session for private consideration of the matter. 5. Resolution by the Board action will become part of the teacher’s file, and the results teacher shall receive a copy of the investigation conducted action. The teacher may attach an opinion or statement to the filed complaint within ten (10) school days of Board action. C. A complaint or concern by the President or designee a teacher(s), other than a grievance, shall be put into writingtaken to the lowest level where resolution is possible, including but not limited to, raising the concern with a building principal before taking it to a central office administrator or the Board of Education. If the investigation appears to substantiate the complaintHowever, as soon as possible after such determination has been madeany teacher(s) who believes his or her immediate supervisor or principal is engaging in sexual harassment or other illegal harassment, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand should make the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meetingconcern with that supervisor’s or principal’s administrative superior. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassmentA. If a written complaint is made against an employee, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures complainant will be discussed asked to sign that complaint and the Principal will share the written complaint with the Adjunct Faculty Member in a separate employee during the initial meeting between the Principal and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designeeemployee. If the complaint appears is not written, the Principal will share the information provided by the complainant during the initial meeting between the Principal and the employee. If, after that meeting, the Principal decides that the complaint needs to have substancebe investigated further because it might lead to discipline, be considered in the employee’s evaluation or be placed in the employee’s personnel file, the complainant and/or the Principal will set down the specific details of the complaint and the name of complainant shall sign the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaintdocument. Section 4. B. The complaint and employee, if he/she so requests, may have the results representative of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meetinghis/her choice at meetings involving complaints made against that employee. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. C. If the complaint canis not resolved through the discussion with the building Principal, then the employee may appeal the decision to the Superintendent. D. Any such complaint which the Administration chooses not to discuss with the employee or which is not discussed pursuant to Section A, above, within ten (10) working days, shall not be settled considered in the employee’s evaluation, placed in the employee’s personnel file, or used in any subsequent action by the District. E. Only complaints, which are signed by the complainant and which are determined to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response valid shall be placed in the Adjunct Faculty Memberemployee’s Personnel personnel file, used in his/her evaluation, and/or used as basis for discipline. The complaint must be signed by the employee but, if said employee refuses to sign the complaint, it will still be processed if warranted and noted of the refusal to sign. Section 7. At any point F. If a complaint is placed in the employee’s personnel file, it shall include at which least the following information: name of the employee against whom the complaint is judged to be untrue or unsubstantiated, all records made; the date and nature of the complaint; and the name and signature of the party making the complaint G. Any action taken by the District as a result of a complaint shall be removed from for just cause and may be appealed through the Grievance Procedure. H. Only complaints, which are signed by a complainant, shall be processed in accordance with this Procedure. The District, however, retains the right to investigate concerns raised in a complaint and, if the concerns are substantiated by evidence independent of the complaint, to administer appropriate discipline in compliance with the provisions of Article 5, Section B, of this Agreement. I. The employee has the right to respond in writing to any complaint. If the complaint is placed in the employee’s personnel file, this written response will be included.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassmentA. COMPLAINT PROCEDURE A complaint regarding a teacher which is made to the administration or the board by a parent, crime (whether misdemeanor or felony)guardian, or charges student and which may influence the evaluation or employment status of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures a teacher shall be processed and investigated under that procedure and according to the procedures outline below. Anonymous complaints shall not be subject to made the provisions basis for any disciplinary action nor shall they be included in personnel files or be included on evaluation form comments. Complaints that involve matters being investigated by law enforcement or an outside agency shall not be covered by this Article. B. The teacher may have an Association representative present at all meetings involving this procedure. C. The administration shall process complaints in the following manner: Step 1: Within ten (10) working days upon receipt of a complaint, the principal and the teacher shall meet. If at any time during the course of this Article. Any subsequent disciplinary action resulting from meeting the Student Grievance Procedures will be teacher reasonably believes that the matter discussed with could adversely affect his/her employment, he/she shall have the Adjunct Faculty Member in a separate right to stop the meeting and have it continued at another time when appropriate representation can be obtained. At that meeting, the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member teacher shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and provided with the name of the person making complainant and the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt nature of the complaint. Section 4. The Upon discussing the matter with the teacher, the administrator may dismiss the complaint and if it is so determined that the results complaint is without merit. If so, neither the complaint (if in writing) nor a record of the investigation conducted it will be kept by the President or designee shall be put into writingDistrict. If the investigation appears to substantiate principal determines that the complaint may have merit, the principal may further investigate the complaint, as soon as possible after such determination has been made, necessary. Step 2: If the President or designee matter is not resolved at Step 1 the principal shall meet with the Adjunct Faculty Member to discuss teacher within five (5) working days of the issues which seem to be involvedcompletion of the investigation. The Adjunct Faculty Member At the discretion of the principal, the complainant may be represented by included in the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which principal determines the complaint is judged to without merit, neither a copy of it nor a record of the conference will be untrue kept by the District. At that meeting, the teacher will be provided a copy of the written complaint. Step 3: The written complaint shall contain the name of the teacher against whom the complaint is being made, the date and nature of the complaint, and the name and signature of the complainant or unsubstantiated, all records administrator. A copy of the complaint shall will be removed from forwarded to the personnel fileSuperintendent and a copy given to the teacher. D. Any discipline imposed as a result of a complaint may be subject to grievance, up to and including arbitration, under the provisions of Article 8 of this agreement.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. Section 1The Association and the Board of Education recognize the need for, and hereby adopt, a fair and equitable procedure to be used in the event of complaints against certified staff. A. All administrative complaints must be in writing on a standardized form (Appendix C). Complaints involving charges This form shall include a preface which provides the definition of sexual harassmentslander and liable. B. When the form is completed and signed, crime the principal shall notify the person or persons whom the complaint was filed against. C. The complaint will be handled in accordance with Xxxxxx County School policy (whether misdemeanor or felony), or charges as of discrimination are explicitly excluded from consideration under this Article. Such charges Board Policy 2003-2004) and shall be pursued under appropriate lawsconcluded as soon as possible, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; but no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within later than fourteen (14) calendar days of receipt days. D. All investigations will be carried out with the utmost privacy and only those people who are recognized or directly involved should be included. All parties involved should be reminded of the complaintneed for confidentiality. Section 4. The complaint and the results of E. At any time when the investigation conducted by includes more than a principal and an assistant, the President or designee person against whom the complaint is directed shall be put into writing. If entitled to a representative of his/her choice to observe the investigation appears to substantiate process. F. The decision emanating from the complaint, investigation shall be reported on a standardized form as soon as possible after such determination has been madewithin the 14-day period. G. Full written disclosure of an investigation that produced no wrong doings shall be communicated to all parties involved on a standardized form. If wrongdoing is decided, the President or designee shall meet with report on standardized form will be forwarded to the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meetingappropriate party. Section 5H. Appeals should be made first to the appropriate area supervisor. If, after the meeting prescribed in Section 4, there appears to be causeIf not resolved at that level, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond appeal should then go to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6Director of Schools. If the complaint canappeal is not be settled resolved at that level, the appeal should go to the satisfaction Board of all Education. At each level of the appeals process, a decision will be made and placed in writing to the parties during involved. I. An appellant has no more than five (5) days to file an appeal. A decision must be rendered in five (5) days. At each level of the meeting provided for in Section 5appeals process, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint complainant, and the Adjunct Faculty Member’s response person against whom the complaint has been lodged, shall receive a copy of each decision. J. Upon closure of the investigation, all documentation shall be placed in a locked area for two years (2). If there is no substance of wrongdoing, no information about the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which complaint/investigation shall be placed in a personnel file unless the person against whom the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel filewas filed grants written permission.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassmentA. Any complaint or complaints regarding an employee made by a parent, crime (whether misdemeanor student, citizen, or felonynon-administrative District employee, including co-worker(s), which may influence the evaluation of the employee or charges which may lead to discipline of discrimination are explicitly excluded the employee will be brought to the attention of the employee within five work days from consideration under this Articlethe time the complaint was made known to the District. Such charges If the employee cannot be notified within the five (5) work days about the complaint, the OSEA President and/or Field Representative shall be pursued under appropriate laws, policies notified and proceduresgiven an estimated time of meeting with the employee. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures B. The administrator or immediate supervisor shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed meet with the Adjunct Faculty Member in a separate meeting and employee to apprise the Adjunct Faculty Member will employee of the full nature of the complaint including the name(s) of the complainant. The employee shall be given the opportunity to have a union representative present; no Member explain the situation or circumstances from their point of view, after which the administrator or immediate supervisor and the employee shall be disciplined without just causeattempt to resolve the matter informally. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If C. When the complaint appears has been filed by a co-worker, the administrator or immediate supervisor shall offer facilitated problem-solving as an option to have substancethe employees in an effort to work out their differences without fear of reprisal or disciplinary action. Both parties must agree to facilitated problem-solving and be willing participants. Should either party decline the offer of facilitated problem-solving, the complaint and will be handled in a manner consistent with this article. D. Any disciplinary action against the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt employee, as a result of the complaint, will be in accordance with Article 6. Section 4. E. The complaint and employee shall have the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears right to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after and/or any other person of the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President employee's choosing at any meetings or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlementconferences regarding such complaint. The Adjunct Faculty Member complainant may be accompanied by and may be represented by a person of the Association during this meetingcomplainant's choosing at any meeting or conference which the complainant is entitled to attend. When the complaint is between two or more members of the same bargaining unit, all parties shall have a right to their own union representation. When more than one OSEA Field Representative is needed, arrangements shall be made between the District and OSEA to provide for such coverage. Section 6F. Anonymous complaints, unless further substantiated, shall not be made the basis for any disciplinary action and under no circumstance shall be included in official personnel files. If the complaint canname of the complainant is not be settled made known to the satisfaction of all parties during the meeting provided for in Section 5employee, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall not be removed from formalized. Complaints not processed in conformance with this article shall be destroyed. G. This article shall be used in conjunction with the personnel fileDistrict Policy and Administrative Regulations for complaints. In cases where the language of the Collective Bargaining Agreement and District Policy may not agree, the language set forth in this agreement shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section (1) The employee may submit a complaint, in writing, within sixty (60) days of the latest alleged occurrence, to the Executive Director. Complaints involving charges shall be treated in strict confidence by the Union and the Employer. (2) The alleged harasser shall be given notice of sexual harassment, crime the substance of such a complaint under this article. (whether misdemeanor or felony)3) The Executive Director, or charges his/her designate, shall investigate the complaint and take such action as is appropriate to resolve the matter. The investigation shall commence within thirty (30) days of discrimination are explicitly excluded from consideration under this Articlethe receipt of the written complaint. Such charges The union staff representative shall be pursued under appropriate laws, policies and proceduresapprised of the Executive Director’s decision. Section 2(4) Pending the determination of the complaint, the Executive Director may take appropriate interim measures. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and Action taken in this regard shall not be subject to the provisions grievance procedure. (5) Where the complaint is determined to be of this Article. Any subsequent disciplinary a frivolous, vindictive, or vexatious nature, the Employer will take appropriate action resulting from which may include discipline. (6) Where the Student Grievance Procedures will be discussed complainant, in conjunction with the Adjunct Faculty Member in a separate meeting and Union, is not satisfied with the Adjunct Faculty Member will be given outcome of the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by Executive Director (or designate) decision, the President or designee. If Union may refer the complaint appears within thirty (30) days of the Executive Director’s decision to have substancea mutually agreed independent investigator. The investigator shall work with the parties to achieve a mutually acceptable resolution and, if this is not achieved, the complaint investigator may: (i) dismiss the complaint; (ii) determine the appropriate level of discipline to be applied; (iii) make a further order as is necessary to provide a final and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt conclusive settlement of the complaint. Section 4(7) The alleged offender shall be entitled to attend, participate in, and be represented at any hearing pursuant to Subsection (vi). (8) Where the complaint involves the Executive Director, the complainant may, through the Union, file the complaint in writing within sixty (60) days of the alleged occurrence to a mutually agreed independent investigator who will conduct an investigation and issue a written report to the parties on the findings of the investigation. (9) The cost of the investigator shall be shared equally between the Union and the Employer. The complaint alleged harasser shall not be entitled to grieve disciplinary action taken by the Employer which is consistent with the decision of the Executive Director or the investigator appointed under this provision. The investigator shall be: Xxxx Xxxxx or an investigator mutually agreed to by the Employer and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meetingUnion. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Agreement

Complaint Procedure. Section 1. Complaints involving charges ‌ In the case of a complaint of either personal or sexual harassment, crime the following shall apply: (whether misdemeanor a) An employee (complainant) who wishes to pursue a concern arising from an alleged harassment may submit a complaint in writing within six months of the latest alleged occurrence directly to the Human Resources Manager of the Employer. Where the complaint is against the Human Resources Manager, it shall be submitted to the General Manager or felony)other employer designate. Upon receipt of the written complaint, or charges the Employer shall notify in writing the designated Union staff representative. Complaints of discrimination are explicitly excluded from consideration this nature shall be treated in strict confidence by both the Union and the Employer. (b) An alleged harasser (respondent) shall be given notice of the substance of such a complaint under this Article. Such charges clause and shall be pursued under appropriate lawsentitled to attend, policies participate in, and proceduresbe represented at any hearing pursuant to (g) below. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures (c) The Employer's designate shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, investigate the complaint and the name of the person making the complaint should generally be provided shall submit their reports to the Adjunct Faculty Member General Manager in writing within fourteen (14) calendar 15 days of receipt of the complaint. The General Manager shall within 10 days of receipt of the reports give such orders as may be necessary to resolve the issue. The Union staff representative, the complainant, and the respondent shall be apprised of the General Manager's resolution. Section 4(d) Both the complainant and the respondent shall be given the option of having a xxxxxxx present at any meeting held pursuant to the above investigation. (e) Pending determination of the complaint, the General Manager may take interim measures to separate the employees concerned if deemed necessary. (f) In cases where harassment may result in the transfer of an employee, every effort will be made to relocate the harasser, except that the complainant may be transferred with their written consent. (g) Where either the complainant or the respondent, in conjunction with the Union, is not satisfied with the General Manager's response, the Union will put the complaint, within 30 days, before a mutually agreed upon, independent adjudicator who specializes in cases of personal harassment or sexual harassment. The complaint adjudicator shall work with the parties to achieve a mutually acceptable resolution and if this is not achieved, the results adjudicator shall have the right to; (1) dismiss the complaint; or (2) determine the appropriate level of discipline to be applied to the harasser; (3) make further recommendations as are necessary to provide a final and conclusive settlement of the investigation conducted complaint. (h) Disciplinary action taken against a harasser pursuant to this clause, shall not form the basis of a grievance. (i) Where the complaint is determined to be of a frivolous, vindictive, or vexatious nature, the Employer will take appropriate action which may include discipline. (j) This clause does not preclude an employee from filing a complaint under Section 8 of the BC Human Rights Code. A complaint of personal harassment or sexual harassment shall not form the basis of a grievance. (k) Complaints under this article shall be treated in strict confidence by all parties involved. (l) A harassment complaint is not a grievance. The complainant must follow this complaint process. However, any action taken by the President Employer as a result of the complaint process may be grieved. (m) All complaints will be kept confidential by the complainant, the respondent, the Employer, the Union and witnesses. (n) A complainant may try to informally resolve their complaint with the assistance of a supervisor, manager, shop xxxxxxx, Union staff representative or designee shall be put into writingmediator. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet complainant is satisfied with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during outcome reached at this meeting. Section 5. Ifpoint, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel fileresolved.

Appears in 1 contract

Samples: Collective Agreement

Complaint Procedure. Section 1a) In the event an Employee is of the belief that they are a victim of sexual or workplace harassmentthe Employee is encouraged to: i) Make their disapproval and/or unease known to the harasser and request all offensive behaviour stop; or ii) Discusstheirconcernswith an immediate supervisor; or iii) Seek advice from a Union representative; or iv) Within 15 working days, or in accordance with applicable legislation, of the alleged offence, initiate in writing, a formal complaintunderthis article. The Employee may choose a Union Representative to assist through this process. Complaints involving charges shall be submitted to Human Resources. b) The Employer shall ensure an investigation is conducted into incidents and complaints of sexual harassmentharassmentand/orworkplace harassment that is appropriate in the circumstances. c) Pending the determination of the complaint Human Resources may take interim measures to separate the Employees concerned where possible, crime (whether misdemeanor or felony)if deemed necessary. d) Where the complaint is determined to be of a frivolous, vindictive, or charges of discrimination are explicitly excluded from consideration under this Articlevexatious nature, appropriate action may be taken. Such charges action shall only be pursued under appropriate laws, policies for just cause and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall may be processed and investigated under that procedure and shall not be subject to dealt with pursuantto the provisions of this Articlethe Collective Agreement. e) Where the complaint is substantiated, the Employer shall determine the appropriate response and remedial action. Any subsequent disciplinary Under no circumstances shall the remedial action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and substantiated case of harassment penalize the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just causecomplainant. Section 3. Any complaint about an Adjunct Faculty Member f) The complainant shall be immediately investigated by have the President or designee. If rightto have the complaint appears to have substance, the complaint and the name assistance of the person making Unit Vice President, Xxxxxxx of their choice or a member of the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt CUPE Local 5167 Executive Board presentthroughout any stage of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Agreement

Complaint Procedure. Section 1. Complaints involving charges Current and future tenants of sexual harassment, crime (whether misdemeanor Apartments at Iowa may initiate a complaint of violation of the IURLTA or felony)this Decree by sending an e-mail to Landlord's designated complaint e-mail address. Unless a shorter period is required by law, or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate lawsin an emergency situation, policies and proceduresApartments at Iowa has 10 business days to resolve a tenant's initial complaint. Section 2. Complaints by students which fall within If the purview of District Student Grievance Procedures shall be processed appropriate time period set forth in §1 has lapsed and investigated under that procedure and shall complaint is not be subject resolved to the provisions satisfaction of the tenant, tenant may contact the Tenants’ Project for assistance. Upon receipt of a complaint from a tenant, Tenants' Counsel agrees to ensure said tenant has first attempted to resolve the complaint with Landlord and has sent an e-mail to Landlord's designated complaint e-mail address. If tenant has not sent an e- mail to Landlord's designated complaint e-mail address, Tenants' Counsel will have tenant do this as the first step in the complaint process. 3. The Tenants’ Project will investigate the complaint and make a determination whether the complaint is factually and legally well-founded and just and whether Apartments at Iowa has, in the opinion of Tenants’ Project, unfairly violated the IURLTA or this Decree. Tenants’ Project will inform the tenant and the Apartments at Iowa of this Articledetermination, but, if (1) Apartments at Iowa not has previously been notified of the complaint; (2) the complaint is determined to be unfounded or if the tenant does not wish to proceed and (3) the tenant wishes confidentiality, Tenants’ Project will not inform Apartments at Iowa. Any subsequent disciplinary action resulting from Fees for representation of tenant by Tenants’ Project during the Student Grievance Procedures investigatory phase will be discussed paid by Apartments at Iowa as provided above. If a tenant wishes to proceed with a complaint after it is found to be factually and legally well-founded and just by Tenants’ Project, a $20 complaint charge is payable to the Adjunct Faculty Member in Iowa Tenants' Project before further investigation or representation will commence. If, upon investigation or during representation a separate meeting complaint is later found to be unfounded and Tenants’ Project declines to proceed further or tenant dismisses the Adjunct Faculty Member complaint, the $20 complaint charge paid will be given the opportunity refunded to have a union representative present; no Member shall be disciplined without just causetenant. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee4. If the complaint appears is factually and legally well-founded and just and tenant wishes to have substanceproceed and has paid the $20 complaint charge, Tenants’ Project will contact Apartments at Iowa and attempt to informally resolve the complaint. Tenants' Counsel is permitted to speak directly with Landlord's designated staff and employees during the informal dispute resolution phase. Fees for representation of tenant by Tenants’ Project during the informal resolution stage will be paid by Apartments at Iowa as provided above. 5. If informal discussion does not resolve the complaint, with the agreement of the tenant and Apartments at Iowa, the Tenants’ Project will arrange for a mutually agreeable third party, at Apartments at Iowa's cost, to either mediate or provide non-binding arbitration. Fees for representation of tenant by Tenants’ Project during the mediation or arbitration phase will be paid by Apartments at Iowa as provided above. Unless instructed in writing to the contrary, Tenants' Counsel may contact a duly designated staff member of Apartments of Iowa directly during mediation or arbitration phase. 6. If neither mediation nor non-binding arbitration resolves the complaint and or if mediation or non-binding arbitration are refused by either the name tenant or Apartments at Iowa, the Tenants’ Project, if the tenant wishes to proceed with the complaint, will follow the procedures with regard to notice of violations set forth in the IURLTA, if applicable. 7. If after following the IURLTA procedures with regard to violations, if applicable, or after the failure of mediation or non-binding arbitration, if the IURLTA notice procedures are not applicable, Tenants’ Project may (I)represent tenant in a separate small claims action; (ii) seek declaratory judgment and/or equitable relief before this Court; or iii) initiate a contempt action. This shall commence the representation phase of the person making complaint process. Unless instructed in writing to the contrary, Tenants' Counsel may a duly designated staff member of Apartments of Iowa directly during the representation phase, including litigation and appeals. a. The tenant must proceed in a separately filed small claims case and initially pay the court costs, including filing fees and service fees or must obtain judicial permission to proceed in forma pauperis if: i) the complaint should generally involves $5000 or less of monetary damages, ii) the complaint involves a non-complex legal issue, iii) the complaint is not an issue of first impression; or iv) the dispute does not apply to all or a significant number of Apartments at Iowa's tenants. Fees for representation of tenant by Tenants’ Project during the representation phase will be paid by Apartments at Iowa as provided above. b. If the complaint involves a complex legal issue under the IURLTA or this Decree, particularly one of first impression, or an issue that applies to all or a significant number of Apartments at Iowa's tenants or a request for injunctive relief, then this Court will retain the complaint for hearing and disposition as a declaratory judgment and/or for appropriate equitable or legal relief. Fees for representation of tenant by Tenants’ Project during the representation phase will be paid by Apartments at Iowa as provided above. c. If a complaint involves willful disobedience of the IURLTA or this Decree, Tenants’ Project may initiate contempt proceedings on behalf of tenant. This Court will retain the complaint for hearing and disposition of contempt proceedings. Fees for representation of tenant by Tenants’ Project during the representation phase will be paid by Apartments at Iowa as provided above. 8. Either Apartments at Iowa or tenant may appeal a small claims decision or any decision of the district court. If Tenant wishes to appeal and Tenants’ Project believes an appeal is factually and legally warranted and that the issues presented are appropriate for appellate resolution, the tenant must pay the filing fee and other court costs, though the Tenants’ Project may advance the filing fee and court costs if it chooses to do so. However, said expenses shall not be borne by Apartments at Iowa unless and until assessed against Apartments at Iowa by the Court. Fees for representation of tenant on appeal by Tenants’ Project will be paid by Apartments at Iowa with a limit of $5,000 per separate appeal of a small claims case to the Adjunct Faculty Member within fourteen (14) calendar days district court and $10,000 for each separate appeal to the Supreme Court or Court of receipt Appeals. Each Notice of Appeal or separately docketed appeal counts as a separate appeal and more than one separate appeal may be filed in a particular case. 9. If a dispute over legal issue arises under the IURLTA or this Decree that both Tenants’ Project and Apartments at Iowa agree is important or complex Tenants’ Project and Apartments at Iowa will mutually seek declaratory judgment and/or equitable and legal relief from this Court on this issue. Fees for litigation by Tenants’ Project under this provision, including appeal with the fee limitations set forth in section 8 will be paid by Apartments at Iowa. 10. If there is a significant violation of the complaintIURLTA or this Decree without a complaint by a tenant, Tenants’ Project, after first attempting informal resolution with Apartments at Iowa, may directly seek a declaratory judgment and/or equitable or legal relief from this Court. If there is a significant and willful disobedience of the IURLTA or this Decree, without a complaint by a tenant, Tenants’ Project may initiate contempt proceedings. Fees for litigation by Tenants’ Project under this provision, including appeal with the fee limitations set forth in section 8 will be paid by Apartments at Iowa. Section 411. Notwithstanding anything herein to the contrary, nothing within this agreement is intended to or shall prevent, limit or prejudice Apartments at Iowa’s right to proceed against tenants for failure to pay rent or failure to comply with the lease terms or to assess damages against the tenant for breach of any of its duties or for damages caused by tenant. Apartments at Iowa shall, at all times, have the right to provide tenants with a Notice to Quit, Notice of Non-Compliance, a 3-day Notice to Pay Rent, or any other notice under IURLTA or to file suit against tenants, seeking either forcible entry or detainer or money judgment against tenants for claims arising under their lease agreements. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem process outlined herein is not intended to be involved. The Adjunct Faculty Member applicable to claims Apartments at Iowa may be represented by the Association have against tenants for failure to pay rent, breach of their lease, or for damages caused during this meetingtheir tenancy. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Complaint Process Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassmentA. Any complaint or complaints regarding an employee made by a parent, crime (whether misdemeanor student, citizen, or felonynon­administrative District employee, including co­worker(s), which may influence the evaluation of the employee or charges which may lead to discipline of discrimination are explicitly excluded the employee will be brought to the attention of the employee within five work days from consideration under this Articlethe time the complaint was made known to the District. Such charges If the employee cannot be notified within the five (5) work days about the complaint, the OSEA President and/or Field Representative shall be pursued under appropriate laws, policies notified and proceduresgiven an estimated time of meeting with the employee. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures B. The administrator or immediate supervisor shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed meet with the Adjunct Faculty Member in a separate meeting and employee to apprise the Adjunct Faculty Member will employee of the full nature of the complaint including the name(s) of the complainant. The employee shall be given the opportunity to have a union representative present; no Member explain the situation or circumstances from their point of view, after which the administrator or immediate supervisor and the employee shall be disciplined without just causeattempt to resolve the matter informally. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If X. When the complaint appears has been filed by a co­worker, the administrator or immediate supervisor shall offer mediation facilitated problem­solving as an option to have substancethe employees in an effort to work out their differences without fear of reprisal or disciplinary action. Both parties must agree to mediation facilitated problem­solving and be willing participants. Should either party decline the offer of mediation facilitated problem­solving, the complaint and will be handled in a manner consistent with this article. D. Any disciplinary action against the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt employee, as a result of the complaint, will be in accordance with Article 6. Section 4. E. The complaint and employee shall have the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears right to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after and/or any other person of the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President employee's choosing at any meetings or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlementconferences regarding such complaint. The Adjunct Faculty Member complainant may be accompanied by and may be represented by a person of the Association during this meetingcomplainant's choosing at any meeting or conference which the complainant is entitled to attend. When the complaint is between two or more members of the same bargaining unit, all parties shall have a right to their own union representation. When more than one OSEA Field Representative is needed, arrangements shall be made between the District and OSEA to provide for such coverage. Section 6F. Anonymous complaints, unless further substantiated, shall not be made the basis for any disciplinary action and under no circumstance shall be included in official personnel files. If the complaint canname of the complainant is not be settled made known to the satisfaction of all parties during the meeting provided for in Section 5employee, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall not be removed from formalized. Complaints not processed in conformance with this article shall be destroyed. G. This article shall be used in conjunction with the personnel fileDistrict Policy and Administrative Regulations for complaints. In cases where the language of the Collective Bargaining Agreement and District Policy may not agree, the language set forth in this agreement shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment‌ A. Any complaint or complaints regarding an employee made by a parent, crime (whether misdemeanor student, citizen, or felonynon-administrative District employee, including co-worker(s), which may influence the evaluation of the employee or charges which may lead to discipline of discrimination are explicitly excluded the employee will be brought to the attention of the employee within five (5) work days from consideration under this Articlethe time the complaint was made known to the District. Such charges If the employee cannot be notified within the five (5) work days about the complaint, the OSEA President and/or Field Representative shall be pursued under appropriate laws, policies notified and proceduresgiven an estimated time of meeting with the employee. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures B. The administrator or immediate supervisor shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed meet with the Adjunct Faculty Member in a separate meeting and employee to apprise the Adjunct Faculty Member will employee of the full nature of the complaint including the name(s) of the complainant. The employee shall be given the opportunity to have a union representative present; no Member explain the situation or circumstances from their point of view, after which the administrator or immediate supervisor and the employee shall be disciplined without just causeattempt to resolve the matter informally. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If X. When the complaint appears has been filed by a co-worker, the administrator or immediate supervisor shall offer facilitated problem-solving as an option to have substancethe employees in an effort to work out their differences without fear of reprisal or disciplinary action. Both parties must agree to facilitated problem-solving and be willing participants. Should either party decline the offer of facilitated problem-solving, the complaint and will be handled in a manner consistent with this article. D. Any disciplinary action against the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt employee, as a result of the complaint, will be in accordance with Article 6. Section 4. E. The complaint and employee shall have the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears right to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after and/or any other person of the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President employee's choosing at any meetings or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlementconferences regarding such complaint. The Adjunct Faculty Member complainant may be accompanied by and may be represented by a person of the Association during this meetingcomplainant's choosing at any meeting or conference which the complainant is entitled to attend. When the complaint is between two or more members of the same bargaining unit, all parties shall have a right to their own union representation. When more than one OSEA Field Representative is needed, arrangements shall be made between the District and OSEA to provide for such coverage. Section 6F. Anonymous complaints, unless further substantiated, shall not be made the basis for any disciplinary action and under no circumstance shall be included in official personnel files. If the complaint canname of the complainant is not be settled made known to the satisfaction of all parties during the meeting provided for in Section 5employee, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall not be removed from formalized. Complaints not processed in conformance with this article shall be destroyed. G. This article shall be used in conjunction with the personnel fileDistrict Policy and Administrative Regulations for complaints. In cases where the language of the Collective Bargaining Agreement and District Policy may not agree, the language set forth in this agreement shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment8.1 This procedure shall apply to complaints regarding the conduct, crime (whether misdemeanor or felony)performance, or charges statements of discrimination are explicitly excluded a bargaining unit member received by any District administrator or member of the Board from consideration under this Article. Such charges shall be pursued under appropriate lawsany student, policies and proceduresparent or guardian of a Sweetwater Union High School District student, District employee, or member of the public. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and 8.2 This article shall not be applicable in any circumstance where the alleged conduct of the unit member involves potential civil or criminal misconduct or is subject to investigation by a law enforcement agency. 8.3 This procedure shall not apply to any complaint regarding child abuse or sexual harassment for which the District has a specific policy, regulation or procedure which governs investigation and resolution of the matter. 8.4 Nothing in this article is intended to infringe upon the unit member's academic freedom rights as stated in Article 14, Evaluation. 8.5 Within five (5) duty days of the receipt of a verbal concern or complaint, the supervisor shall notify the unit member against whom the concern or complaint is lodged. The supervisor shall make an effort to resolve such concerns and complaints immediately. Resolution of verbal concerns or complaints shall include notification to the unit member that indicates: A. The concern or complaint was without merit and dropped; or B. The concern or complaint had merit and was resolved; or C. Further action may be taken pursuant to this or other appropriate articles of this Agreement. If steps under Section 8.5 are not followed in regards to verbal concerns or complaints, these concerns or complaints may not be used in evaluation or discipline. If the bargaining unit member against whom the concern or complaint was lodged requests a response in writing, a response will be provided Where such concern or complaints are not resolved within ten (10) duty days after notification of the unit member, such concerns or complaints will be dropped or reduced to writing by the complainant, and the procedures below shall be invoked. 8.6 Where a written complaint exists, the following procedure shall be invoked: A. The complainant shall be referred promptly to the office of the Superintendent or his/hers designee. The appropriate administrator shall forward a copy of the written complaint to the affected unit member within five (5) duty days of receipt of such complaint. B. However, if the complaint is filed against a unit member at a particular school site, the complainant shall be referred promptly to the principal, who shall serve as the immediate supervisor with respect to the procedures provided herein. If the unit member is not employed at a particular site, the office of the Superintendent or his/her designee shall determine the identity of the immediate supervisor of the unit member who is the subject to the provisions complaint and shall refer the complainant to the immediate supervisor. C. If the matter is not resolved informally, the immediate supervisor shall request a conference as soon as is reasonably possible to discuss the complaint with the unit member, unless the immediate supervisor determines, with approval of this Articlethe Superintendent or his/hers designee, that such conference would not be appropriate under the circumstances. Any subsequent The unit member may request, and a conference shall be held, within ten (10) duty days of such receipt. D. The principal/immediate supervisor shall make every effort to resolve complaints in a timely manner. Such efforts shall include processing complaints during non- duty days (i.e., summer) where the principal determines he/she can effectively process the complaint. E. Within twenty (20) duty days after the complaint surfaced, the principal/ immediate supervisor shall present a full report regarding the investigation, including copies of all statements and other relevant documents, to the unit member, Superintendent or his/hers designee. Where disciplinary action resulting from the Student Grievance Procedures will be discussed with taken against the Adjunct Faculty Member in unit member, a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name copy of the person making report and all statements and documents upon which the complaint should generally disciplinary action relies will be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt unit member. F. The Superintendent or his/hers designee shall make a determination as to the disposition of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaintmatter, as soon as is reasonably possible and in no event later than ten (10) duty days after such determination receipt of the report. The complainant will then be informed of the disposition of the matter. G. A bargaining unit member has been made, the President or designee shall meet right to a conference with the Adjunct Faculty Member immediate supervisor to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during resolution of any complaint filed under this meetingarticle. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member H. Materials may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in a unit member's personnel file without the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records unit member first receiving a copy of the complaint material. The unit member shall be removed have the right to attach a statement to any material that is placed in the file. This does not preclude the unit member from the personnel filefiling a grievance regarding this matter under Article 17, Grievance Procedure, of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1Employees who feel that they are being harassed discriminated against, are encouraged to seek protection under this policy as follows: If you can, tell the harasser to stop. Complaints involving charges of sexual harassment, crime (whether misdemeanor Inform the individual that is doing the harassing or felony)the discriminating against you that the behaviour is unwanted and unwelcome. If you feel uncomfortable approaching the person, or charges if the harassment does not stop bring the incident forming the basis of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject complaint to the provisions attention of the Union by contacting the Local Chairperson, Local President or National Representative Company by contacting the Branch or General Manager. At this Articlepoint the complaint will be placed in writing. Document the complete with the time, date, location, names of witnesses and details of each event, if possible and provide the information to the designated representative of the Union and/or Company. All complaints will be handled in a timely and confidential manner. Within seven (7) calendar days, where practical, the designates of the Union and the Company will undertake a joint investigation of the complaint which will include interviewing the alleged harasser, witnesses and other persons named in the complaint. Any subsequent disciplinary action resulting from the Student Grievance Procedures related documents and evidence will be discussed with reviewed. Should the Adjunct Faculty Member in complaint involve sexual the process will include a separate meeting woman. It is the intention of the Union and the Adjunct Faculty Member Company that the investigation will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member completed within fourteen fifteen (1415) calendar days of receipt the commencement of the complaint. Section 4joint investigation at which time the parties will complete a written report of its findings and recommendations. The complaint report will be submitted to the General Manager of Direct Transport and the results National Representative of the investigation conducted by the President or designee shall be put into writingUnion. If the investigation appears parties do not agree the report will reflect the differences in the findings. The parties will then make a determination on an appropriate resolution, and attempt to substantiate resolve the issue within ten (1O) calendar days and ensure that the resolution is fair and consistent with the intent of Direct Transport and CAW Local to provide a harassment workplace. At the conclusion of this step, the complaint, as soon as possible after such determination has been madeif unresolved, will be inserted into Step Two of the President or designee shall meet with grievance procedure for resolution. In the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which event that the complaint is judged not resolved by the parties in the grievance procedure it may be appealed to be untrue or unsubstantiated, all records arbitration in accordance with the provisions of the Collective Agreement. The parties agree that this procedure is an alternative complaint shall procedure and as such complaints should not be removed from pursued through both the personnel file.Grievance Procedure and the Human Rights Complaint Procedure. All employees however, have the right to file a complaint with the federal Human Rights Commission and to seek redress under the Human Rights Code. In consultation with the National Union, three-day anti-harassment training will be developed and delivered for Union representatives to a maximum of three (3) and Company representatives who are assigned by the respective parties to handle harassment complaints. The Union will provide the trainer and material and the Company will pay lost wages for the training. Dated this day of FOR THE COMPANY: FOR THE UNION: The parties agree that effective April the following flat rates will be paid on the specific runs contract positions for customers as set out below:

Appears in 1 contract

Samples: Collective Agreement

Complaint Procedure. Section 1(i) A driver or an employee who considers that he or she has been subjected to an instance of comment or conduct which is, or would if repeated, constitute harassment should, where reasonably practicable, promptly make his or her disapproval clearly known to the individual(s) concerned. Complaints involving charges Depending upon the circumstances, it may be desirable to make notes of sexual both the incident and discussion. These notes should be specific with respect to date, time, location and the names of any individuals or witnesses involved. (ii) Where the driver or employee in good faith and acting reasonably believes harassment has occurred, he or she may make a complaint in writing and lodge it with an Advisor (as defined in paragraph #10 below). (iii) If there is at least a prima facie case of harassment, crime then the Advisor (whether misdemeanor or felony)I) will advise the person against whom the complaint has been made, or charges in writing, with a copy to the complainant, that the complaint has been received; (ii) will ensure that each party has full knowledge of discrimination are explicitly excluded from consideration under this Article. Such charges the nature of the complaint, of the assertions made, of any witnesses with respect thereto and that each is provided with access to all relevant documentation; and (iii) will advise each party that an investigation of the complaint will be initiated. (iv) If there is no prima facie case of harassment, then the Advisor will so advise the complainant and the matter will be treated as closed. (v) If the Advisor determines that the matter can be resolved informally at the complaint stage, an attempt will be made to reconcile the parties concerned, and if successful, the report of the matter shall be pursued under appropriate laws, policies and procedureslimited to a description of the agreement reached. Section 2(vi) Where an informal resolution is not possible, the Advisor will investigate; take statements; and otherwise document the situation accurately and completely. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures The individuals concerned will be discussed with advised that their statements will form part of a confidential report, a copy of which will be provided both by the Adjunct Faculty Member in a separate meeting person against whom the complaint has been lodged and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3complainant. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name Upon completion of the person making the complaint should generally Advisor’s investigation, this report will be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt General Manager or his delegate. The report will include all relevant factual information, a copy of the complaintstatements of the parties concerned, an appropriate analysis of the information, any conclusions reached, and any recommendations. Section 4(vii) Upon receiving the report, the General Manager or his delegate will: (I) contact both the person against whom the complaint was made and the complainant; (ii) provide each of them with a copy of the report; and (iii) give each of them a reasonable opportunity to make representations; respond to statements made; and provide any additional information relevant to the situation. The complaint General Manager or his delegate will then make determinations of fact, and decide whether or not harassment has occurred. In doing so, the results General Manager or his delegate shall act objectively, and follow the basic rules of natural justice and fairness, including: giving effect to the investigation conducted by doctrine of presumption of innocence; placing the President or designee shall onus of proof on the complainant; and requiring that proof be put into writing. established on proper evidence on a balance of probabilities. (viii) If the investigation appears General Manager or his delegate decides that harassment has occurred, he will so advise the person against whom the complaint was made, discuss with that person possible courses of disciplinary action; and then decide what disciplinary action, if any, is appropriate in the circumstances. (ix) If the General Manager or his delegate decides that the complainant has made a false accusation of harassment, knowingly or in a malicious manner, the complainant will be subject to substantiate possible disciplinary action. The General Manager or his delegate will discuss with that person the possible courses of that disciplinary action; and then decide what such action, if any, is appropriate in the circumstances. (x) While employees who believe they have been harassed are encouraged to use the above process, a person who wishes an alternative procedure, or who, having followed this procedure, is not satisfied with the actions taken by Coventry Connections (Niagara) Inc. concerning the complaint, as soon as possible after such determination has been made, may refer the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond matter to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by Ontario Human Rights Commission or through the Association during this meetinggrievance procedure, if applicable. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause.be Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be causebecause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassmentA. If a complaint is made against a teacher to the administration, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures such complaint shall be processed under the following circumstances: 1. If an administrator or supervisor intends to make a record in the evaluation report of a complaint received concerning the teacher; 2. If an administrator or supervisor intends to place a record of such complaint in the teacher's personnel file; 3. If the administrator or supervisor intends to take disciplinary action against the employee as the result of a complaint. B. Pursuant to Section A, a conference shall be held with the teacher within ten working days after the complaint is made to the administration. At the conference, the teacher will be apprised of the substance of the complaint and investigated under that procedure the identity of the complainant. The teacher has the right to have a representative present during the conference. Depending upon the nature of the complaint, the administrator may attempt to assist the parties in resolving the complaint or the administrator may choose to investigate the complaint, or both. The administrator may present the complaint verbally or in writing. However if the teacher or teacher's representative requests it, the complaint will be reduced to writing if the administrator has not already done so. C. If the teacher wishes to meet with the complainant, the administrator shall attempt to arrange the meeting. D. Copies of all written documents produced as a result of the processing of a complaint will be given to the affected teacher. This would include the complaint, any investigation reports, the written resolution or summary and any other similar document. E. Any such complaint which the administration chooses not to discuss with the teacher, which is not discussed with the teacher within the required time or which is found to be without merit shall not be considered in the teacher's evaluation, shall not be placed in the teacher's personnel file and shall not be subject to used against the provisions of this Article. Any teacher in any subsequent disciplinary action resulting from by the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just causeDistrict. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated F. The District will comply with Xxxxxxxxxx rights of representation as interpreted and applied by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaintEmployment Relations Board. Section 4. G. The complaint and teacher shall have the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears right to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare attach a written response statement to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be any written material placed in the Adjunct Faculty Member’s Personnel teacher's personnel file. Section 7. At any point at which the complaint H. A meeting will take place within two working days or five calendar days, whichever is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel fileshorter.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Complaint Procedure. Section 1a) The Seller shall notify iyzico of the complaints related to the services provided by iyzico via: - e-mail to xxxxxxx@xxxxxx.xxx - registered mail to iyzico’s physical address at Xxxxxxxxxxx Xxx. Complaints involving charges Xxxx Xxxxx Xxxxxxxx Xxxxxxx Xx Merkezi No:1 Kat:19 Ofis 00-00 Xxxxxxx/ Xxxxxxxx b) The Seller may also start the complaint procedure by contacting the Authorized Personnel via the contact phone number. The Seller undertakes to make the complaint in written form by one of sexual harassmentthe methods set forth above, crime (whether misdemeanor in case the Authorized Personnel or felony)another person does not agree to process the complaint. In case the Seller delivers the complaint by phone, or charges of discrimination are explicitly excluded from consideration under this Article. Such charges he/she shall be pursued under appropriate lawsobliged to provide the contact information requested by iyzico and to send the documents, policies scans and procedureserror messages. Section 2c) iyzico shall put forth its best effort for the problem subject to the complaint to be resolved. Complaints by students which fall within iyzico agrees, declares and undertakes that its employees to provide support with respect to the purview process of District Student Grievance Procedures shall be processed and investigated under that procedure and solving the problems are qualified personnel. iyzico shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed responsible for delays in relation with the Adjunct Faculty Member deficiencies in the complaints (lack of information) d) Complaints sent by the Seller shall include the following: Reason of complaint, list of the parties involved in the transaction, transaction code if present, a separate meeting detailed explanation of the problem and the Adjunct Faculty Member will be given content of possible error messages. e) The seller shall not share the opportunity to have a union representative present; no Member complaints sent by the Buyer with third persons and shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears obliged to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to verify the complaint. The response Seller shall be attached not direct the complaints received directly by him/her to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which iyzico, unless the complaint is judged caused by the Service. f) Disputes which may arise between the Seller and any Buyer or other Seller shall be resolved between the Seller and the Buyer or the other Seller that is party to the transaction and iyzico shall not be responsible for those processes or the dispute. However, iyzico shall be available to provide necessary support including the supplying of all necessary documents and information. In case iyzico has to pay a cost for any reason within scope of this article, the Seller shall indemnify iyzico immediately. g) Complaints shall be responded to by iyzico within 3 (three) days upon delivery by iyzico and in case the resolution requires joint work with System Partner, this period may be extended for the information to be untrue or unsubstantiated, all records of the complaint shall be removed obtained from the personnel fileSystem Partner, as long as prior notification in writing is made where the anticipated period is stated.

Appears in 1 contract

Samples: Virtual Platform Utilization Agreement

Complaint Procedure. Section ‌ A. Definition‌ A complaint is any negative remark or criticism against a member by a student, parent, staff member, or community member communicated to the Superintendent/Principal. In order to be processed, a complaint must be in writing and signed by the complainant. Anonymous complaints will not be processed. The District will follow policy KL-AR, B. Procedural Steps‌ 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination from individuals are explicitly excluded from consideration under this Article. Such charges shall to be pursued under appropriate laws, policies and proceduresdirected first to the member affected by the complaint. Section 2. Complaints by students which fall within However, where a complainant is not willing to meet with the purview of District Student Grievance Procedures member, the Superintendent/Principal shall be processed and investigated under that procedure meet with the complainant and shall not be subject offer an opportunity to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed meet together with the Adjunct Faculty Member in a separate meeting and member to discuss the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, nature of the complaint and the name attempt to find a resolution. 3. A copy of the person making the any complaint should generally shall be provided to the Adjunct Faculty Member member within fourteen three (143) calendar day after its receipt by the Superintendent/Principal. 4. The member has the right to representation at all levels. 5. A conference between the Superintendent/Principal shall be held with the member and the member’s representative within five (5) days of receipt of the complaint. Section 46. The No record of any complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination which has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem investigated and determined to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President unfounded or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response unsubstantiated shall be placed in the Adjunct Faculty Membermember’s Personnel personnel file, but the District may maintain a confidential record of the investigation in its working files. 7. Any complaint that the Superintendent/Principal chooses not to discuss with the member or is not discussed within the required time shall not be considered in the member’s evaluation and shall not be used against the member in any subsequent action by the District or placed in the member’s personnel file. Section 78. At any point at which The Board will address complaints only after they have been explored by the complaint appropriate level according to District policy in the above sequence. Such complaints will be referred to the Board and addressed by the Board in executive session when such action is judged necessary as recommended by the Superintendent/Principal and/or permitted by law. 9. Nothing in this section shall be construed to be untrue or unsubstantiated, all records limit the authority of the complaint shall be removed District under ORS 342.961. C. Criminal Allegations‌ Allegations of harassment, sexual conduct, child abuse and other criminal conduct are excluded from the personnel fileprovisions of this article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1It is the desire of the parties hereto that of Members shall be adjusted as possible. Complaints involving charges Such complaints shall be acted upon in the followingmanner and sequence: When a Member of sexual harassmentthe bargaining has any grievance or complaint, crime they shall forthwith (whether misdemeanor but in any event, no later than twenty one (21) days) convey to their immediate Superior, in writing, all facts relative to the grievance or felony)complaint. The Member, with Association representation if requested, and the Superior shall make every attempt to resolve the problem at this preliminary stage. January to December Civilian Collective Agreement If, after an fourteen (14) days, the Member of the unit and the superior to resolve the or complaint to the satisfaction of the Member, or charges if the to discuss, acknowledge or deal the complaint or grievance, the Member may invoke thereafter the following procedure in an attempt to remedy the cause of discrimination are explicitly excluded from consideration under this Articletheir complaint or grievance. Such charges The shall communicatetheir or grievance in writing to the official representative of the Association, setting down all matters pertinent to the dispute and if the communication differs in any important aspect the complaint, a copy shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject transmitted to the provisions said Superior. The Association shall investigate the complaint or grievance and if in the judgment of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and complaint or grievance is justified, the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the Association President or designee. If the complaint appears to have substancedesignee shall, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days, present such complaint or grievance to the Deputy Chief of Administration or their designee for consideration. The Deputy Chief shall hear or receive the complaint or grievance and seven (7) days communicate, in writing to the Association President or designee, their decision relative to the complaint or grievance. If dissatisfied with the ruling of the Deputy Chief or their designee, or if the Deputy Chief fails or refuses to deal the complaint or grievance the the, the Association may with the Chief of with copy sent to the the complaint or grievance within the fifteen (15) days of the date the complaint or grievance was submitted to the Chief or their designee. The Chief shall cause the complaint or grievance to be investigated or cause an inquiry to be held between the involved in the dispute, and shall within thirty (30) days of the receipt of the complaint. Section 4complaint or grievance, communicate in writing their decision in the matter. The This procedure shall not preclude the Board consulting with the the complaint and to the results Ontario Civilian January to December Agreement on Police Services where, in the opinion of the investigation conducted Board, the matter can be best determined by the President or designee shall be put into writingsuch a referral. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet dissatisfied with the Adjunct Faculty Member decision of the Chief or if the Chief to discuss acknowledge or act upon the issues which seem to be involved. The Adjunct Faculty Member may be represented by or grievance the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.may:

Appears in 1 contract

Samples: Collective Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment‌ A. Any complaint or complaints regarding an employee made by a parent, crime (whether misdemeanor student, citizen, or felonynon-­administrative District employee, including co-­worker(s), which may influence the evaluation of the employee or charges which may lead to discipline of discrimination are explicitly excluded the employee will be brought to the attention of the employee within five work days from consideration under this Articlethe time the complaint was made known to the District. Such charges If the employee cannot be notified within the five (5) workdays about the complaint, the OSEA President and/or Field Representative shall be pursued under appropriate laws, policies notified and proceduresgiven an estimated time of meeting with the employee. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures B. The administrator or immediate supervisor shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed meet with the Adjunct Faculty Member in a separate meeting and employee to apprise the Adjunct Faculty Member will employee of the full nature of the complaint including the name(s) of the complainant. The employee shall be given the opportunity to have a union representative present; no Member explain the situation or circumstances from their point of view, after which the administrator or immediate supervisor and the employee shall be disciplined without just causeattempt to resolve the matter informally. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If X. When the complaint appears has been filed by a co-­worker, the administrator or immediate supervisor shall offer mediation as an option to have substancethe employees in an effort to work out their differences without fear of reprisal or disciplinary action. Both parties must agree to mediation and be willing participants. Should either party decline the offer of mediation, the complaint and will be handled in a manner consistent with this article. D. Any disciplinary action against the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt employee, as a result of the complaint, will be in accordance with Article 6. Section 4. E. The complaint and employee shall have the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears right to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after and/or any other person of the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President employee's choosing at any meetings or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlementconferences regarding such complaint. The Adjunct Faculty Member complainant may be accompanied by and may be represented by a person of the Association during this meetingcomplainant's choosing at any meeting or conference which the complainant is entitled to attend. When the complaint is between two or more members of the same bargaining unit, all parties shall have a right to their own union representation. When more than one OSEA Field Representative is needed, arrangements shall be made between the District and OSEA to provide for such coverage. Section 6F. Anonymous complaints, unless further substantiated, shall not be made the basis for any disciplinary action and under no circumstance shall be included in official personnel files. If the complaint canname of the complainant is not be settled made known to the satisfaction of all parties during the meeting provided for in Section 5employee, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall not be removed from formalized. Complaints not processed in conformance with this article shall be destroyed. G. This article shall be used in conjunction with the personnel fileDistrict Policy and Administrative Regulations for complaints. In cases where the language of the Collective Bargaining Agreement and District Policy may not agree, the language set forth in this agreement shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section A. Definition A complaint is any negative remark or criticism against a member by a student, parent or community member communicated to the Superintendent/Principal. B. Procedural Steps 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination from individuals are explicitly excluded from consideration under this Article. Such charges shall to be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject directed first to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated member affected by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 42. The complaint and However, where a complainant is not willing to meet with the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been mademember, the President or designee Superintendent/Principal shall meet with the Adjunct Faculty Member complainant and shall offer an opportunity to meet together with the member to discuss the issues nature of the complaint and attempt to find a resolution. 3. A complaint regarding a member, which seem has, as its basis, a member’s performance of school related functions, and which does or may influence evaluation of a member shall be communicated to be involvedthe member within five (5) days after its receipt by the Superintendent/Principal. 4. The Adjunct Faculty Member may be represented by member has the Association during this meetingright to representation at all levels. Section 5. If, after A conference between the meeting prescribed in Section 4, there appears to Superintendent/Principal shall be cause, held with the person making member and the member’s representative. At such time the complainant shall be identified and the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond be made available to the complaint member in writing and reach a settlement. The Adjunct Faculty Member may be represented signed by the Association during this meetingcomplainant. Section 6. If the No record of any complaint cannot which has been investigated and determined to be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response unfounded or unsubstantiated shall be placed in the Adjunct Faculty Membermember’s Personnel personnel file, but the District may maintain a confidential record of the investigation in its working files. 7. Any complaint that the Superintendent/Principal chooses not to discuss with the member or is not discussed within the required time shall not be considered in the member’s evaluation and shall not be used against the member in any subsequent action by the District or placed in the member’s personnel file. Section 78. At any point at which The Board will address complaints only after they have been explored by the complaint appropriate level according to District policy in the above sequence. Such complaints will be referred to the Board and addressed by the Board in executive session when such action is judged necessary as recommended by the Superintendent/Principal and/or permitted by law. 9. Nothing in this section shall be construed to be untrue or unsubstantiated, all records limit the authority of the complaint shall be removed District under ORS 342.961. C. Criminal Allegations Allegations of harassment, sexual conduct, child abuse and other criminal conduct are excluded from the personnel fileprovisions of this article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment‌ A. Any complaint or complaints regarding an employee made by a parent, crime (whether misdemeanor student, citizen, or felonynon­administrative District employee, including co­worker(s), which may influence the evaluation of the employee or charges which may lead to discipline of discrimination are explicitly excluded the employee will be brought to the attention of the employee within five work days from consideration under this Articlethe time the complaint was made known to the District. Such charges If the employee cannot be notified within the five (5) work days about the complaint, the OSEA President and/or Field Representative shall be pursued under appropriate laws, policies notified and proceduresgiven an estimated time of meeting with the employee. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures B. The administrator or immediate supervisor shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed meet with the Adjunct Faculty Member in a separate meeting and employee to apprise the Adjunct Faculty Member will employee of the full nature of the complaint including the name(s) of the complainant. The employee shall be given the opportunity to have a union representative present; no Member explain the situation or circumstances from their point of view, after which the administrator or immediate supervisor and the employee shall be disciplined without just causeattempt to resolve the matter informally. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If C. When the complaint appears has been filed by a co­worker, the administrator or immediate supervisor shall offer mediation as an option to have substancethe employees in an effort to work out their differences without fear of reprisal or disciplinary action. Both parties must agree to mediation and be willing participants. Should either party decline the offer of mediation, the complaint and will be handled in a manner consistent with this article. D. Any disciplinary action against the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt employee, as a result of the complaint, will be in accordance with Article 6. Section 4. E. The complaint and employee shall have the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears right to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after and/or any other person of the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President employee's choosing at any meetings or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlementconferences regarding such complaint. The Adjunct Faculty Member complainant may be accompanied by and may be represented by a person of the Association during this meetingcomplainant's choosing at any meeting or conference which the complainant is entitled to attend. When the complaint is between two or more members of the same bargaining unit, all parties shall have a right to their own union representation. When more than one OSEA Field Representative is needed, arrangements shall be made between the District and OSEA to provide for such coverage. Section 6F. Anonymous complaints, unless further substantiated, shall not be made the basis for any disciplinary action and under no circumstance shall be included in official personnel files. If the complaint canname of the complainant is not be settled made known to the satisfaction of all parties during the meeting provided for in Section 5employee, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall not be removed from formalized. Complaints not processed in conformance with this article shall be destroyed. G. This article shall be used in conjunction with the personnel fileDistrict Policy and Administrative Regulations for complaints. In cases where the language of the Collective Bargaining Agreement and District Policy may not agree, the language set forth in this agreement shall prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1A complainant may choose to file a complaint at any time and may do so without first consulting any third parties. A designated representative of LSNYC will investigate all complaints and reports of discrimination or harassment. Complaints involving charges need not be in writing to initiate an investigation under the procedure outlined herein. A complaint or inquiry regarding discrimination or harassment should be brought to the attention of sexual harassmentXXXXX’s Director of HR and Diversity, crime (whether misdemeanor or felony)Project Director, or charges the employee’s supervisor (in each case, so long as a report is made to someone other than the alleged offender). The Committee shall make all efforts to use consistent, though not necessarily identical, methods to resolve harassment throughout LSNYC for similar problems. When a complaint is made, the Director of discrimination are explicitly excluded HR and Diversity shall within five (5) business days authorize a member of the Committee to conduct an investigation of the complaint. That Committee member must be selected on a rotating and sequential basis from consideration under this Articlethe Committee, unless that is impossible due to that person’s vacation or other such unavailability. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview The Project Director or Middle Manager of District Student Grievance Procedures shall be processed and investigated under that procedure and an affected office shall not be subject selected as investigator; similarly, if the complaint involves personnel at the central office, the investigator selected shall not be a staff member of the central office. Written notice will then be given to the provisions complainant and respondent within five (5) business days of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures complaint, which will be discussed with include a summary of the Adjunct Faculty Member in a separate meeting factual allegations and unless unnecessary to the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substanceinvestigation, the complaint and the name of the person making complainant. Investigators and Committee Participants must disclose any special relationships with the complainant or respondent, and recuse themselves when fairness requires. The investigator shall review facts and interview involved parties and witnesses in order to provide the Committee with a record of the facts and circumstances concerning the complaint. The investigator shall incorporate into the investigation any evidence, including records and witnesses, offered or identified by the complainant. It is not the function of the Committee to investigate or inquire into behavior or conduct that is not addressed by the complaint or could not violate this policy. All witnesses and other persons interviewed by the Committee will be advised that confidentiality will be maintained to the extent allowed by law but that communications between the employee and Committee member are not legally privileged. If a witness refuses to testify, their statements shall not be used in the report nor relied on by the Committee in any way. Witnesses and all others interviewed by the Committee shall be informed that any retaliation, whether by the respondent or any other person, for participation in this process is a violation of this policy and will be dealt with as a disciplinary matter. Persons interviewed shall be informed that they may be accompanied at the interview by any other person of their choosing, including a representative of the Union. The Committee members shall interview the respondent and give them an opportunity to respond, either orally or in writing, to the complaint and to identify any witnesses to the incident(s) or event(s) that they would like interviewed. In addition, the respondent may identify any other employee that the respondent feels can attest to their character and those employees shall be interviewed for that purpose. The respondent shall be informed prior to the interview that they may be accompanied in the interview by any person of their choosing, including a representative of the Union. The investigation is limited to the conduct alleged or witnesses with direct knowledge of the alleged events, except that previous findings (not mere allegations) of harassment or discrimination may be reviewed. The investigator will submit an investigative report to the Director of HR and Diversity with copies to the Committee, with a copy provided to the union designee. The Committee will review the case and determine appropriate action to recommend to the Executive Director. A member of the Committee against whom a complaint is made will be suspended from the Committee pending resolution of the complaint. During the period of suspension, the Executive Director shall promptly appoint an interim Committee member in the place of the suspended Committee member. The selected Committee members shall normally conclude the investigation of the allegations within twenty (20), but no more than thirty (30) business days. Individuals who violate this policy will be subject to discipline in proportion to the violation, potentially up to and including termination of employment. When appropriate, discipline short of discharge should generally be used. Every effort should be made to impose discipline or other resolutions consistently throughout LSNYC. Any discipline taken under this policy against a bargaining unit member is subject to the disciplinary, grievance, and arbitration procedures in the CBA. Any bargaining unit member accused of violating this policy will be afforded union representation consistent with its duty of fair representation, and/or has the right to be represented or assisted by any other person of their choosing, including private counsel. Within ten (10) business days of concluding their investigation, the Committee shall complete a written report of their findings, including a summary of each witness’s statement, the Committee’s supported conclusion as to whether the respondent has violated this policy and a recommendation as to any steps necessary to remedy the problem. The report shall address any evidence offered or identified by the complainant. A copy of the report that does not identify complainant or adverse witnesses by name will be provided to the Adjunct Faculty Member complainant and the respondent and they will be given five (5) business days to comment on the report either orally or in writing. The report and any responses will be given to the complainant’s Project Director or Senior Manager, with a copy to the union’s designee. The Project Director or Senior Manager shall render a decision within fourteen five (145) calendar business days of receipt any steps necessary to remedy the problem and appropriate disciplinary action if any. In the event that the complaint involves a Project Director, the report and any responses will be given to the Executive Director who shall render a decision within five (5) business days of any steps necessary to remedy the problem and appropriate disciplinary action if any. A copy of the decision will be provided to the complainant, respondent, and union’s designee. In the event that the complaint involves the Executive Director, the report and any responses will be given to the Operations, Compliance and Personnel Committee of the LSNYC Board of Directors which shall render a decision within ten (10) business days of any steps necessary to remedy the problem and appropriate disciplinary action if any. Written records of a complaint. Section 4. The complaint and , the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaintinvestigation, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member resolution of the process, will be maintained in an attempt to further understand the complaint or to respond to personnel files of the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint complainant and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records target of the complaint shall (if founded) or in the HR Office (if unfounded), in the sole discretion of the Committee. Unless a subsequent complaint against the respondent is substantiated, these records will be removed from personnel files after five years, but retained under seal by the personnel fileHR Office for purposes of information if similar incidents occur.

Appears in 1 contract

Samples: Union Contract Agreement

Complaint Procedure. Section 113.1 In order to promote fair and constructive communication, the following procedures shall govern the resolution of complaints. Complaints involving charges of sexual harassmentEvery effort should be made to resolve a complaint at the earliest possible stage. 13.2 No negative and/or unsatisfactory evaluation, crime (whether misdemeanor or felony)assignment, discipline, dismissal, or charges of discrimination are explicitly excluded from consideration under this Article. Such charges other adverse action shall be pursued under appropriate lawspredicated upon complaints which have been received by the District from parents and/or guardians, policies and proceduresunless the following procedures have been followed: 13.2.1 Complaints concerning unit members should be made directly by the complainant to the unit members against whom the complaint is lodged. Parents/guardians are encouraged to attempt to orally resolve concerns with the unit member personally. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. 13.2.2 If the complaint appears to have substanceis not resolved at this level, the complaint and the name of the person making complainant may submit the complaint should generally be provided in writing to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4school principal or immediate supervisor. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records A copy of the complaint shall be removed from given the personnel fileunit member within five (5) days of receipt. When necessary the administrative staff shall inform the complainant that they can seek assistance, if he/she is unable to prepare the written complaint without help. A written complaint must include the name of each unit member involved and a brief but specific summary of the complaint and the facts surrounding it. It must also include a specific description of a prior attempt to discuss the complaint with the unit member involved and the failure to resolve the matter. The principal or immediate supervisor is responsible for investigating complaints and will attempt to resolve the complaint to the satisfaction of the person(s) involved. A resolution meeting shall be held with the complainant, the unit member, and the immediate supervisor. If the complainant is unable or refuses to attend the meeting the principal shall take whatever steps are necessary to resolve the complaint. If the complaint is resolved, the principal will so advise all concerned parties, including the Superintendent or designee. 13.2.3 If the complaint remains unresolved after review by the principal or the immediate supervisor, the principal shall refer the written complaint, together with a report, and analysis of the situation, to the Superintendent or designee. Complainants should consider and accept the Superintendent's or designee's decision as final. However, the complainant, the unit member, or the Superintendent may ask to address the Governing Board regarding the complaint in accordance with Section 4 below.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. 1) For the purposes of this Article a complaint is an allegation of wrongdoing on the part of an Association member received from a third party (anyone other than the subject to the complaint) and conveyed to the Administration. a) A complaint may be oral or in writing. Oral complaints must be reduced to writing before proceeding with the complaint procedure. The complainant must sign the written complaint and no investigation shall take place until that time, except in situations involving student safety or potential criminal activity. This shall not limit the District’s right to place an employee on paid administrative leave upon receipt of an oral complaint. b) A rebuttal by an employee to his or her disciplinary matter is not a complaint for the purposes of this procedure. 2) If a complaint is made against a licensed employee to the Administration, Administration will process the complaint if any of the following circumstances are met, and concurrent with any notification to any outside agency: a) If the supervisor intends to make a record in the evaluation report of a complaint received concerning the employee; b) If the supervisor intends to place a record of such complaint in the employee’s personnel file; c) If, in the supervisor’s judgment, such complaint is sufficiently relevant to the employee’s performance as to indicate the need for discipline. 3) Pursuant to Section 12, above, the subject of the complaint shall receive a written copy of the complaint within five (5) of the employee’s workdays after the signed complaint is provided to Administration. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges A conference shall be pursued under appropriate laws, policies and proceduresheld with the employee within ten (10) of the employee’s workdays after the signed complaint is provided to Administration. This section will be held in abeyance if another agency is conducting an investigation. Section 2. Complaints by students 4) Any such complaint which fall the Administration chooses not to discuss with the employee or which is not discussed within the purview of District Student Grievance Procedures required time shall not be processed and investigated under that procedure considered in the employee’s evaluation and shall not be subject to used against the provisions of this Article. Any employee in any subsequent disciplinary action resulting from by the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just causeDistrict. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by 5) The employee who is the President or designee. If subject of the complaint appears has the right to have substancean Association representative of his/her choosing at all levels of the process, but may not delay the meeting by more than two (2) of the employee’s work days. 6) The investigator of the complaint and is to make a written determination based on the name of the person making the complaint should generally facts. A Written notice will be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt complainant, employee complained against, and the president of the complaintAssociation. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction 7) A copy of all parties during written complaints and documentation will be maintained in a confidential file separate from personnel file and stored at the meeting provided for in Section 5ESD office, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel fileif no disciplinary action is taken. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section One of the purposes of this Agreement is to provide for the resolution of any employee's complaint properly and equitably. Initiation of a complaint may result from one or more of the following reasons: A. If the employee believes he/she has been unfairly treated; B. If the employee disagrees with his/her supervisor as to the application of a policy to him/her. Initiation of said complaint shall not subject the employee to discrimination, coercion, restraint or reprisal as a result of initiating such action. In resolving complaints, the procedure shall be as follows: Step 1. Complaints involving charges The employee, together with the Xxxxxxx, if desired by the employee, shall discuss the complaint with his/her supervisor within two (2) working days subsequent to the date of sexual harassmentoccurrence inasmuch as most problems can be resolved promptly by informal discussion. The supervisor shall verbally rule on the complaint within two (2) working days thereafter. However, crime (whether misdemeanor or felony)in the event the employee is not satisfied with the decision of the supervisor, or charges of discrimination are explicitly excluded from consideration under this Articlehe/she may initiate Steps 2 and 3 below. Such charges procedure shall be pursued under appropriate laws, policies and procedurescommence within six (6) working days subsequent to the date of occurrence. Section Step 2. Complaints by students which fall within The employee, together with the purview of District Student Grievance Procedures Xxxxxxx and the supervisor, shall be processed and investigated under that procedure and shall not be subject orally or in writing submit to the provisions of this ArticleDepartment Director the facts upon which the complaint is based. Any subsequent disciplinary action resulting from The Department Director shall then review the Student Grievance Procedures will be discussed with facts. The Department Director shall then notify the Adjunct Faculty Member in a separate meeting employee and the Adjunct Faculty Member will be given supervisor of his/her decision in writing within five (5) days of the opportunity to have a union representative present; no Member shall be disciplined without just causedate of receipt of the facts. Section Step 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substanceemployee is not satisfied with the decision resulting from Step 2, the complaint and employee may submit his/her further appeal in writing to the name City Manager within two (2) working days from the date of the person making Department Director's decision. The City Manager, upon receipt of such appeal, shall call a hearing on the complaint should generally be provided to the Adjunct Faculty Member issue within fourteen ten (1410) calendar days of receipt of the complaint. Section 4written appeal. At such hearing, the employee and his/her representative, the Department Director and his/her representative, if desired, together with the witnesses, if any, shall present the facts of the case to the City Manager or his/her representative. The complaint City Manager shall present his/her decision on the issue in writing to the employee and the results Department Director within ten (10) calendar days of the investigation conducted by date of the President or designee hearing. The City Manager’s decision shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meetingfinal. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section A. Any complaint taken from any individual alleging misconduct on the part of any Member shall be taken as follows: 1. Complaints involving If the complaint alleges criminal misconduct by a Member, the allegations shall be investigated without a signed, sworn complaint of the individual. 2. If the complaint alleges any other type of misconduct not constituting criminal activity, an affidavit, signed and sworn to by the individual, shall be obtained. 3. If a complaint is required to be obtained and the individual, upon request refuses to make allegations under oath in the form of an affidavit, signed and sworn to, L.F.U.C.G. may investigate the allegations, but shall bring charges against the Member only if L.F.U.C.G. can independently substantiate the allegations absent the sworn statement of sexual harassmentthe individual. B. Nothing in this section shall preclude the department from investigating and charging a Member both criminally and administratively. C. The complaint procedure as defined in KRS 15.520, crime KRS 95.450 and this Agreement shall be explained to the complainant by a LPD supervisor or Public Integrity Unit (whether misdemeanor “PIU”) investigator. D. If the complainant elects to file a formal complaint, the complaint shall be taken in the form of an affidavit, signed and sworn to by the complainant. The PIU shall investigate the allegations of misconduct outlined in the formal complaint. E. If the complainant declines to file a formal complaint, then an informal complaint or felonyan information only report may be completed. Documented informal complaints received by the LPD shall be investigated and resolved at the Bureau level as outlined below. 1. Upon receipt of the informal complaint, the Member’s immediate supervisor, or a LPD supervisor in the officer’s assigned Bureau (“investigating supervisor”), or charges of discrimination are explicitly excluded from consideration under this Articleshall initiate follow-up contact with the complainant to conduct further inquiry about the complaint and investigate as appropriate. 2. Such charges The investigating supervisor may take appropriate remedial measures at the Bureau level on sustained informal complaints which shall be pursued under appropriate lawsrestricted to coaching and counseling, policies and procedures. Section 2if appropriate, remedial training to address the complainant’s concerns and improve the Member’s performance. Complaints by students which fall within the purview of District Student Grievance Procedures Coaching and Counseling documents are not discipline, and shall be processed and investigated under that procedure and shall not be subject to exempt from the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint After obtaining information reasonably satisfactory to conclude the inquiry or investigation, the investigating supervisor shall notify the complainant about an Adjunct Faculty Member shall be immediately investigated by the President or designeeresolution and, if appropriate, any remedial measures taken. If the complaint appears to have substancecomplainant is unsatisfied with the resolution and, if appropriate, remedial measures, the complaint and the name of the person making the complaint complainant should generally be provided referred to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaintPIU where they may file a formal complaint under this Section and KRS 15. Section 4. The complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges 7.01 It is the desire of sexual harassment, crime (whether misdemeanor or felony), or charges the parties hereto that complaints of discrimination are explicitly excluded from consideration under this Article. Such charges employees shall be pursued under appropriate lawsadjusted as quickly as possible. Both parties, policies therefore, recognize that supervisory employees should be informed as quickly as possible of an employee's complaint and proceduresnot later than thirty (30) working days after the commencement of the alleged occurrence causing the complaint. It is understood that an employee has no grievance until he has first given his Supervisor an opportunity of adjusting his complaint. Section 27.02 Step No. Complaints by students which fall 1 (Supervisor) An employee having a complaint within the purview terms and provisions of District Student Grievance Procedures this Agreement shall, accompanied by his Committeeman, submit such complaint to his Supervisor of his department who shall give his answer in writing within three (3) regular working days unless a longer time is agreed upon by the conferring parties. If the decision of the Supervisor is not considered to be processed and investigated satisfactory, the matter may then be dealt with under that procedure and shall not the grievance procedure. 7.03 If the Company wishes to interview an employee(s) for reasons pertaining to the Agreement the employee(s) may be subject to accompanied by his Committeeman if the employee(s) requests his assistance. 8.01 If an employee has complied with the provisions of this Articlethe Complaint Procedure (Step No.1) and desires to grieve, the matter shall be reduced in writing on a form supplied in triplicate by the Company. 8.02 Step No. Any subsequent disciplinary action resulting from 2 (Area Manager) The written grievance, signed by the Student Grievance Procedures will employee and the Committeeman, shall be discussed presented to the Area Manager of the employee concerned. The Area Manager or his designated representative shall discuss the grievance with the Adjunct Faculty Member in a separate meeting Committeeman, the employee concerned and the Adjunct Faculty Member will Supervisor. He shall do this within three (3) regular working days after notice has been given unless a longer period is agreed upon by the conferring parties. He shall give his answer in writing within three (3) regular working days after completion of the discussions or such longer period as may be given agreed upon by the opportunity conferring parties. 8.03 Step No. 3 (Company Representative) If the decision as rendered in Step No. 2 is not satisfactory, written notice of intention to have appeal must be presented to a union duly designated representative presentof the Company by the Chairman of the Grievance Committee and the employee within three (3) regular working days following receipt of the Area Manager's answer in Step No. 2, unless a longer period has been agreed upon by the conferring parties. 8.04 The Plant Committee and duly designated representative(s) of the Company shall meet at a time agreed upon but not later than seven (7) regular working days after notice has been given; no Member the time limit as set forth herein may be extended by agreement. At this meeting, a Staff Representative of the International Union, or his duly designated representative, shall be disciplined without just causepresent and the reply of the Company Representative shall be put in writing within three (3) regular working days following this meeting. Section 38.05 Step No. Any complaint about an Adjunct Faculty Member shall be immediately investigated 4 (Arbitration) Failing agreement by the President or designee. If the complaint appears to have substance, the complaint Plant Committee and the name Company Representative(s) the grievance may then be referred to arbitration and any notice of appeal must be filed with the person making the complaint should generally be provided to the Adjunct Faculty Member Company within fourteen (14) calendar days of receipt of the complaintCompany's written disposition under Step No. 2. Section 4. The complaint and 8.06 With the results service of notice of appeal to arbitration, the investigation conducted party appealing shall include a list of not more than three (3) persons proposed by the President or designee shall it to be put into writingArbitrator. If the investigation appears other party does not agree to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint persons proposed, such party shall be removed from the personnel file.within five

Appears in 1 contract

Samples: Collective Agreement

Complaint Procedure. The procedure for handling harassment within the Farmington School District shall be as follows: STEP #1 Any person who alleges harassing behavior by another person in the School District should report the incident directly to a staff member, counselor, administrator, Superintendent of Schools or his/her designee (complaint manager/Title IX coordinator) or to the harasser what his/her feelings are, and that he/she expects the behavior to stop. This may be done verbally or in writing. The alleged offender shall be promptly informed that a complaint has been filed and in a manner designed to assure the rights of all parties are protected. The individual accused shall be given an opportunity to respond to said complaint. It shall be the responsibility of the Superintendent or building level complaint manager to investigate the incident in accordance with the district‟s harassment complaint procedure and to take action as deemed appropriate as described in Section IV of this policy under Sanctions. Reporting alleged harassment will not impact in any way a student‟s status, either academic or social in school. It will not reflect upon an employer‟s status nor will or affect future employment or work assignments. STEP #2 If the behavior is repeated, write a formal summary to the complaint manager. Include the following information: 1. Complaints involving charges of sexual What happened 2. When it happened 3. Where it happened 4. Who the harasser was 5. What your said/did 6. How you felt 7. How the harasser responded 8. Verbatim quotations 9. Witnesses A. If at any time you believe that you have been subjected to harassment, crime (whether misdemeanor you may contact a social service agency or felony)governmental agency to pursue legal recourse: Office of Civil Rights 000 Xxxxxx Xxxx Policy 4251.2 B. The right to confidentiality, or charges both of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally accused, will be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4. The complaint respected consistent with school district‟s legal obligations and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member necessity to discuss the issues which seem investigate allegations of misconduct and to be involved. The Adjunct Faculty Member may be represented by the Association during take corrective action when this meetinghas occurred. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Master Agreement

Complaint Procedure. Section 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor concerning a staff member or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges program shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject handled according to the provisions of this Articlefollowing procedure: The Principal will arrange a discussion between the complainant and the staff member. Any subsequent disciplinary action resulting from If the Student Grievance Procedures will be discussed problem is not satisfactorily resolved at the building level, the complainant should file a written complaint with the Adjunct Faculty Member in a separate meeting Superintendent which describes the problem and the Adjunct Faculty Member will be given desired change. The Superintendent should send copies to the opportunity Principal and staff member. The staff member shall respond to have the Superintendent in writing or in person within five (5) working days. The Superintendent shall then attempt to resolve the matter by chairing a union representative present; no Member conference with the citizen, staff member, and Principal. If the matter is still not resolved, the Superintendent shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by present the President or designeeissue to the Board. If the complaint appears to have substanceis against a staff member, the complaint shall be handled in executive session in the presence of the staff member and a witness of his/her choice. The Board shall attempt to make a final resolution of the matter. Any formal actions by the board must take place at an open meeting. If such actions may adversely affect the contract status of the staff member, the Board shall give written notice to the staff member of his/her rights to a hearing. No complaints against staff members or programs will be discussed in a Board meeting unless the previous steps have been taken and the name of staff member has been notified in writing that such discussion is on the person making the complaint should generally agenda. Complaints regarding a co-curricular program or activity will be provided handled according to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of follow procedure: The Principal will arrange a discussion between the complaint. Section 4. The complaint complainant and the results of the investigation conducted by the President or designee shall be put into writingstaff member. If the investigation appears to substantiate problem is not satisfactorily resolved at the complaint, as soon as possible after such determination has been madebuilding level, the President or designee shall meet complainant should file a written complaint with the Adjunct Faculty Member to discuss Superintendent which describes the issues which seem to be involvedproblem and the desired change. The Adjunct Faculty Member may be represented by Superintendent should send copies to the Association during this meeting. Section 5Principal and staff member. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint The staff member shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlementSuperintendent in writing or in person within five (5) working days. The Adjunct Faculty Member may be represented Superintendent shall then attempt to resolve the matter by chairing a conference with the Association during this meeting. Section 6citizens, staff members, and Principal. If the matter is still not resolved, the Superintendent shall present the issue to the Board. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5is against a staff member, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from handled in executive session in the personnel filepresence of the staff member and a witness of his/her choice. The Board shall attempt to make a final resolution of the matter. Any formal actions by the Board must take place at an open meeting. If such action may adversely affect the contract status of the staff member, the Board shall give written notice to the staff member of his/her rights to a hearing. No complaints against staff members or programs will be discussed in a Board meeting unless the previous steps have been taken and the staff member has been notified in writing that such discussion is on the agenda.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1The Board and the Association agree that when a community member questions a practice or decision made by a teacher, the most appropriate and constructive way to begin to deal with the question is to bring it to the attention of the teacher. Complaints involving charges Accordingly, any comments concerning the quality of sexual harassmentperformance of a teacher made to any member of the Administration by any parent, crime (whether misdemeanor or felony)student, or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures other person shall be processed and investigated under that procedure and shall not be subject according to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint should generally be provided to the Adjunct Faculty Member within fourteen (14) calendar days of receipt of the complaint. Section 4procedure outlined below. The complaint and the results of the investigation conducted by the President principal or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee immediate supervisor shall meet with the Adjunct Faculty Member teacher to discuss apprise the issues which seem to be involvedteacher of the full nature of the request. The Adjunct Faculty Member may principal or supervisor shall provide the employee with a written statement of the complaint, signed by both the principal or supervisor and the complainant, and they shall attempt to resolve the matter informally. If the matter cannot be resolved informally, the complaint procedure listed in Steps 1-4 below shall be followed. The teacher shall have the right to be represented by the Association during this meetingat any meeting or conference regarding such complaint. Section 5. If, after Step 1 In the meeting prescribed in Section 4, there appears event a complaint is not resolved to be causethe satisfaction of all parties, the person making teacher may request a conference with the complainant and the principal or supervisor to attempt to resolve the complaint. If the complaint is unresolved as a result of such conference, or if no mutually acceptable conference can be agreed on, the complaint shall meet move to Step 2. Step 2 Any complaint unresolved under Step 1 shall be reviewed by the Superintendent, who shall confer with the President or designee and the Adjunct Faculty Member all parties in an attempt to further understand resolve the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled matter to the satisfaction of all parties during concerned. Step 3 If the meeting provided for Superintendent is unable to resolve a complaint to the satisfaction of all parties concerned, (s)he shall forward the results of the investigation along with a recommendation, in Section 5writing, to the Board and a copy to all parties concerned. After receipt of the findings and recommendations of the Superintendent, and before action thereon, the Adjunct Faculty Member may prepare a written response Board shall afford the parties the opportunity to meet with the complaintBoard and show cause why the recommendations of the Superintendent should not be followed. The response Copies of the action taken by the Board shall be attached forwarded to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel fileall parties. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section 1. Complaints involving charges One of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination are explicitly excluded from consideration under this Article. Such charges shall be pursued under appropriate laws, policies and procedures. Section 2. Complaints by students which fall within the purview of District Student Grievance Procedures shall be processed and investigated under that procedure and shall not be subject to the provisions purposes of this ArticleAgreement is to provide for the resolution of any employee's complaint properly and equitably. Any subsequent disciplinary action resulting An employee is not entitled to pursue the complaint process and later convert the matter to a grievance. Initiation of a complaint may result from one or more of the Student Grievance Procedures will be discussed with the Adjunct Faculty Member in a separate meeting and the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause.following reasons: Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee1. If the employee believes he/she has been unfairly treated; 2. If the employee disagrees with his/her supervisor as to the application of policy. Initiation of said complaint appears shall not subject the employee to have substancediscrimination, coercion, restraint or reprisal as a result of initiating such action. In resolving complaints, the procedure shall be as follows: Step 1. The employee together with the xxxxxxx, if desired by the employee, shall discuss the complaint with his/her supervisor and the name building principal jointly within two (2) working days subsequent to the date of occurrence inasmuch as most problems can be resolved promptly by informal discussion. The supervisor shall verbally rule on the complaint within two (2) working days thereafter to the employee. However, in the event the employee is not satisfied with the decision of the person making supervisor, he/she may initiate the following additional procedure. Such procedure shall utilize the following steps, which shall be commenced within six (6) working days subsequent to the date of occurrence. Step 2. The employee together with the xxxxxxx and the supervisor shall orally or in writing submit to the department director the facts upon which the complaint should generally be provided is based. The department director shall then review the facts. The department director within five (5) days of the date of receipt of the facts shall then notify the employee and the supervisor of his/her decision in writing. Step 3. If the employee is not satisfied with the decision resulting from Step 2., the employee may submit his/her further appeal in writing within two (2) working days from the date of the department director's decision to the Adjunct Faculty Member Superintendent. The Superintendent upon receipt of such appeal shall call a hearing on the issue within fourteen ten (1410) calendar days following such appeal. At such hearing, the employee and his/her representative, the department director, and his/her representative, if desired, together with the witnesses, if any, shall present the facts of the case before the Superintendent or his/her representative. The Superintendent shall present his/her decision on the issue in writing to the employee and department director within ten (10) calendar days of receipt the date of the complaint. Section 4hearing. The complaint and the results of the investigation conducted by the President or designee This decision shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem to be involved. The Adjunct Faculty Member may be represented by the Association during this meetingfinal. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response shall be placed in the Adjunct Faculty Member’s Personnel file. Section 7. At any point at which the complaint is judged to be untrue or unsubstantiated, all records of the complaint shall be removed from the personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Complaint Procedure. Section A. Definition A complaint is any negative remark or criticism against a member by a student, parent, staff member, or community member communicated to the Superintendent/Principal. In order to be processed, a complaint must be in writing and signed by the complainant. Anonymous complaints will not be processed. The District will follow policy KL-AR, B. Procedural Steps 1. Complaints involving charges of sexual harassment, crime (whether misdemeanor or felony), or charges of discrimination from individuals are explicitly excluded from consideration under this Article. Such charges shall to be pursued under appropriate laws, policies and proceduresdirected first to the member affected by the complaint. Section 2. Complaints by students which fall within However, where a complainant is not willing to meet with the purview of District Student Grievance Procedures member, the Superintendent/Principal shall be processed and investigated under that procedure meet with the complainant and shall not be subject offer an opportunity to the provisions of this Article. Any subsequent disciplinary action resulting from the Student Grievance Procedures will be discussed meet together with the Adjunct Faculty Member in a separate meeting and member to discuss the Adjunct Faculty Member will be given the opportunity to have a union representative present; no Member shall be disciplined without just cause. Section 3. Any complaint about an Adjunct Faculty Member shall be immediately investigated by the President or designee. If the complaint appears to have substance, nature of the complaint and the name attempt to find a resolution. 3. A copy of the person making the any complaint should generally shall be provided to the Adjunct Faculty Member member within fourteen three (143) calendar day after its receipt by the Superintendent/Principal. 4. The member has the right to representation at all levels. 5. A conference between the Superintendent/Principal shall be held with the member and the member’s representative within five (5) days of receipt of the complaint. Section 46. The No record of any complaint and the results of the investigation conducted by the President or designee shall be put into writing. If the investigation appears to substantiate the complaint, as soon as possible after such determination which has been made, the President or designee shall meet with the Adjunct Faculty Member to discuss the issues which seem investigated and determined to be involved. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 5. If, after the meeting prescribed in Section 4, there appears to be cause, the person making the complaint shall meet with the President unfounded or designee and the Adjunct Faculty Member in an attempt to further understand the complaint or to respond to the complaint and reach a settlement. The Adjunct Faculty Member may be represented by the Association during this meeting. Section 6. If the complaint cannot be settled to the satisfaction of all parties during the meeting provided for in Section 5, the Adjunct Faculty Member may prepare a written response to the complaint. The response shall be attached to the complaint. The complaint and the Adjunct Faculty Member’s response unsubstantiated shall be placed in the Adjunct Faculty Membermember’s Personnel personnel file, but the District may maintain a confidential record of the investigation in its working files. 7. Any complaint that the Superintendent/Principal chooses not to discuss with the member or is not discussed within the required time shall not be considered in the member’s evaluation and shall not be used against the member in any subsequent action by the District or placed in the member’s personnel file. Section 78. At any point at which The Board will address complaints only after they have been explored by the complaint appropriate level according to District policy in the above sequence. Such complaints will be referred to the Board and addressed by the Board in executive session when such action is judged necessary as recommended by the Superintendent/Principal and/or permitted by law. 9. Nothing in this section shall be construed to be untrue or unsubstantiated, all records limit the authority of the complaint shall be removed District under ORS 342.961. C. Criminal Allegations Allegations of harassment, sexual conduct, child abuse and other criminal conduct are excluded from the personnel fileprovisions of this article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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