CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is the understanding of the parties that this article is not inconsistent with the principles enunciated in the Senate/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975. 16.2 An employee shall have the right to examine all of his/her personnel files during normal business hours, provided that any confidential letters of recommendation solicited shall be held confidential except as provided for in this article. At any time, however, members may request and shall obtain the names of the authors of all confidential letters or assessments held in their personnel files. 16.3 Employees shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, employees shall have the right to provide additional material for inclusion in their personnel files. 16.4 Employees shall have the right to have the employer prepare, at the employee's expense, copies of their files excluding confidential letters or assessments except as provided hereunder. (a) No anonymous material shall be kept by the employer concerning any employee. If introduced, such material shall be sufficient in and of itself to invalidate the proceedings. Statistical information gathered pursuant to Article 26 shall not be considered anonymous material. Non-statistical information gathered pursuant to Article 26, however, shall not be exempt from the provisions of this article. (b) Where the employer places a signed student comment on an employee's file: (i) the employee shall be promptly advised of the substance of the complaint in such a form as will preserve the confidentiality of the complainant(s); (ii) the employee shall be given an opportunity to place a comment or rebuttal on the file; (iii) the student's names shall only be disclosed with their consent; (iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee; (v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along with the employee's rebuttal, shall be removed from the file and destroyed; (vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity to place a further comment or rebuttal on the file.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is the understanding of the parties that this article is not inconsistent with the principles enunciated in the Senate/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975.
16.2 An employee shall have the right to examine all of his/her personnel files during normal business hours, provided that any confidential letters of recommendation solicited shall be held confidential except as provided for in this article. At any time, however, members may request and shall obtain the names of the authors of all confidential letters or assessments held in their personnel files.
16.3 Employees shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, employees shall have the right to provide additional material for inclusion in their personnel files.
16.4 Employees shall have the right to have the employer prepare, at the employee's expense, copies of their files excluding confidential letters or assessments except as provided hereunder.
(a) No anonymous material shall be kept by the employer concerning any employee. If introduced, such material shall be sufficient in and of itself to invalidate the proceedings. Statistical information gathered pursuant to Article 26 shall not be considered anonymous material. Non-statistical information gathered pursuant to Article 26, however, shall not be exempt from the provisions of this article.
(b) Where the employer places a signed student comment on an employee's file:
(i) the employee shall be promptly advised of the substance of the complaint in such a form as will preserve the confidentiality of the complainant(s);
(ii) the employee shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along with the employee's rebuttal, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity to place a further comment or rebuttal on the file.
(c) When written student comments are retained copies shall be placed in the employee's file in accordance with Article 16.5(b), and shall be forwarded to the employee.
(d) Where a document pertaining to an employee's performance or to a disciplinary matter, and which has not already been sent to the employee, is to be added to the employee's file held in the office of the Vice-President (Academic), the relevant Xxxx or Director, or the University Librarian, a copy shall, subject to any confidentiality restrictions set out in this Collective Agreement, be sent to the employee.
16.6 Personnel files of employees shall be kept only by the chairpersons, deans, directors of schools and institutes, University Librarian and the Office of the President of the University.
16.7 Letters or assessments received in relation to the appointment of an employee shall be confidential and shall not be shown to the candidate before or after his/her appointment. Such letters or assessments shall either be destroyed or returned to the sender within three (3) months of any appointment. Such letters or assessments, if maintained contrary to this policy, shall not be submitted as evidence in any subsequent proceeding involving an employee. Letters currently in the files, and over three (3) months old, in relation to appointment shall be either destroyed or returned to the sender within three (3) months of the signing of this Collective Agreement and shall not be used in any proceeding involving an employee of the bargaining unit.
(a) Letters or assessments in relation to promotion shall be solicited by the appropriate xxxx, University Librarian or their designates (hereafter in this clause the xxxx). The xxxx shall request a list of possible referees from the candidate. If the xxxx desires to solicit additional references or assessments, he/she shall so inform the candidate and submit the names of the proposed referees to the candidate who shall have the right to comment in writing on the names suggested and to have such comments included in his/her official dossier. In submitting letters of reference or assessments to the Promotion Committee whether the referees or assessors were suggested by the candidate, the chairperson or the xxxx shall be indicated. Such letters and assessments in connection with promotion shall be confidential and shall not be shown to the candidate except where the candidate proceeds to arbitration under Article 4 (Academic Freedom) or Article 5 (No Discrimination) of the Collective Agreement. All letters and assessments in relation to promotion shall be destroyed at the end of the relevant period. Such letters or assessments, if maintained contrary to this policy, shall not be submitted as evidence in any subsequent proceeding involving any employee.
(b) An employee may, however, request in writing to his/her xxxx or the University Librarian within thirty (30) days of the date of the President's letter which informs him/her of the final disposition of his/her candidacy for promotion that the xxxx or the University Librarian retain the letters or assessments received concerning his/her candidacy. If an employee so requests, the xxxx or the University Librarian shall retain all letters or assessments concerning the candidacy in question and shall submit them at the next consideration of the candidate. Such letters shall not be retained beyond the next consideration of the candidate, unless a new request is received. An employee may, in order to determine whether he/she should request the retention of his/her letters and/or assessments, consult the chairperson of his/her department or departmental promotion committee or equivalent committee in the Library who may, in order to preserve confidentiality, limit his/her advice to a simple statement in favour of or against the retention of the letters or assessments in question.
16.9 The employee shall have the right to submit names of referees to the appropriate chairperson and xxxx, or in the case of professional librarian employees the University Librarian, who shall solicit letters or assessments from the names provided in regard to renewal of a preliminary appointment or to the confirmation of appointment or to the granting of tenure. Letters or assessments or any other written material presented as evidence in regard to the renewal of appointment, confirmation of appointment, or the granting of tenure shall, in the event of a tentative negative recommendation, be made available as a true copy to the employee concerned prior to any final decision by the department or by a faculty review body or by the Peer Evaluation Committee or by the University Librarian. At the level of the Senate Tenure Appeal Committee or the Grievance Sub-Committee as applicable all written assessments in regard to a negative recommendation shall be made available to the employee concerned at the time they are presented to the committee or, at the discretion of the employer at any earlier date.
16.10 Letters of reference and/or assessments shall be made available in their entirety when called for by the provisions of this agreement, to the relevant departmental, faculty, or library committees and, in the case of appeal or grievance, to the Senate Tenure Appeal Committee, the Promotions Appeal Committee or the Grievance Sub-Committee, as appropriate. The members of such committees shall treat such letters and assessments as confidential.
16.11 Letters or assessments or any other material presented as evidence in a proceeding for dismissal for cause shall be made available to the individual faculty employee concerned, according to the procedures of C3 of the Tenure and Dismissal Document. In the case of Instructor employees and/or professional librarian employees all such material shall be made available to the employee or his/her advisor at the commencement of the formal grievance stage pursuant to Article 30.7 or, at the discretion of the employer, at an earlier date. True copies of letters or assessments shall be supplied to the employee concerned.
16.12 The parties agree that employees of Carleton University and employees of the Association have a right to privacy in their personal communications and files, whether on paper or in electronic form, and the parties undertake to respect that right to the fullest extent possible. Personal files mean those which are not maintained for university purposes or business, and personal communications includes those that are stored or transferred electronically on university computer systems. Personal files and communications do not include the official file of employees of Carleton University, materials pertaining to students, or official records of university committees and are intended to include files respecting or associated with research conducted or proposed by an employee except where governed by rules of disclosure. Nothing herein shall interfere with the employer’s rights and responsibilities including the need to guard against illegal activities, the need to meet concerns about liability, the need to comply with the law or an order of a court, or the need to protect the security or health of individuals.
16.13 In accordance with Article 7, the employer has a right to confidentiality in its documents, files and official records so designated whether on paper or in electronic form with respect to the responsibilities and functions of the employer.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is 27:01 The Xxxx, or in the understanding case of the parties that librarian members, the University Librarian, shall maintain the sole personnel file recognized by this article is not inconsistent with Agreement relating to each member, and the principles enunciated Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.
(a) All documents pertaining to renewal, promotion and tenure shall be considered part of the member's personnel file. A copy of the summaries of the AAU Renewal, Promotion and Tenure Committee meetings as described in the SenateSenate Bylaws shall be placed in the member's file in ample time for the member to consider the documentation prior to his/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975her presentation to UCAPT/UCRPPLM.
16.2 An employee (b) Upon presentation of identification, each member shall have the right to examine examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of the contents of his/her personnel files during normal business hours, provided that any confidential file.
(c) Confidential letters of recommendation solicited reference shall become part of a member's personnel file as of the day on which they are received. A member shall be held confidential entitled to read the contents of such letters, except as provided for in this article. At any time, however, members may request and shall obtain that the names identity of the authors of all confidential letters or assessments held in their personnel filesauthor(s) shall remain confidential.
16.3 Employees (d) A member shall have the right to have all of their files supplemented or corrected included in the event said files additional material provided by himself/herself including his/her written comments on the accuracy or meaning of error any of the contents.
(e) Written complaints by a student or inadequacyothers shall not be placed in a member's personnel file before the member has an opportunity to respond in writing. In The response of the event of alleged distortion, employees member shall also be placed in the personnel file. No unsubstantiated complaints or allegations shall be placed in a member's personnel file.
27:03 Each member shall have the right to provide additional material for inclusion obtain from the University, on reasonable notice in their personnel files.
16.4 Employees shall have the right to have the employer preparewriting, at the employee's University expense, copies a copy, and at his/her own expense additional copies, of their files any or all of the contents of his/her personnel file excluding confidential letters or assessments except as provided hereunderof reference.
(a) 27:04 No anonymous material shall be kept by the employer University concerning any employeemember or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsdeliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith. Statistical information gathered pursuant to Article 26 as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material. NonHowever, non-statistical information gathered pursuant to Article 26, however, via such evaluation shall not be exempt from the provisions of this articleclause 27:04.
(b) Where 27:05 Letters received in relation to the employer places appointment of a signed student comment on an employee's file:
(i) the employee member shall be promptly advised confidential and shall not be shown to the said member before or after his/her appointment.
27:06 Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this Agreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to his/her powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential. Onus of proof of breach of confidentiality shall rest with the member. The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential. The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing. A member should update his/her curriculum vitae when substantial amendments occur.
27:07 When confidential information is to be used by the University in the course of proceedings to resolve a grievance, the substance of such confidential information shall be made available in advance to the complaint member or his/her duly authorized representative in such a form as will preserve which does not identify the confidentiality author. Where in the opinion of the complainant(s);
(iiarbitrator(s) the employee identity of the author is central to the resolution of the difference, the arbitrator(s) shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along supplied with the employee's rebuttalmaterial and may make such use of it as is essential to his/her/their decision, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity having due regard to place a further comment or rebuttal on the fileits confidentiality.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is the understanding of the parties that this article is not inconsistent with the principles enunciated in the Senate/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975.
16.2 An employee shall have the right to examine all of his/her personnel files during normal business hours, provided that any confidential letters of recommendation solicited shall be held confidential except as provided for in this article. At any time, however, members may request and shall obtain the names of the authors of all confidential letters or assessments held in their personnel files.
16.3 Employees shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, employees shall have the right to provide additional material for inclusion in their personnel files.
16.4 Employees shall have the right to have the employer prepare, at the employee's expense, copies of their files excluding confidential letters or assessments except as provided hereunder.
(a) No anonymous material shall be kept by the employer concerning any employee. Nevertheless, anonymous material, if maintained contrary to this policy, shall not be submitted as evidence in any subsequent proceeding involving any employee. If introduced, such material shall be sufficient in and of itself to invalidate the proceedings. Statistical information gathered pursuant to Article 26 shall not be considered anonymous material. Non-statistical information gathered pursuant to Article 26, however, shall not be exempt from the provisions of this article.
(b) Where the employer places a signed student comment on an employee's file:
(i) the employee shall be promptly advised of the substance of the complaint in such a form as will preserve the confidentiality of the complainant(s);
(ii) the employee shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along with the employee's rebuttal, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity to place a further comment or rebuttal on the file.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is
27:01 The Xxxx, or in the understanding case of the parties that librarian members, the University Librarian, shall maintain the sole personnel file recognized by this article is not inconsistent with Agreement relating to each member, and the principles enunciated Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.
(a) All documents pertaining to renewal, promotion and tenure or permanence shall be considered part of the member's personnel file. A copy of the summaries of the AAU Renewal, Promotion and Tenure or Permanence Committee meetings as described in the SenateSenate Bylaws shall be placed in the member's file in ample time for the member to consider the documentation prior to her/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975his presentation to UCAPT/UCRPPLM.
16.2 An employee (b) Upon presentation of identification, each member shall have the right to examine examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of histhe contents of her/her his personnel files during normal business hours, provided that any confidential file.
(c) Confidential letters of recommendation solicited reference shall become part of a member's personnel file as of the day on which they are received. A member shall be held confidential entitled to read the contents of such letters, except as provided for in this article. At any time, however, members may request and shall obtain that the names identity of the authors of all confidential letters or assessments held in their personnel filesauthor(s) shall remain confidential.
16.3 Employees (d) A member shall have the right to have all of their files supplemented or corrected included in the event said files additional material provided by himself/herself including her/his written comments on the accuracy or meaning of error any of the contents.
(e) Written complaints by a student or inadequacyothers shall not be placed in a member's personnel file before the member has an opportunity to respond in writing. In The response of the event member shall also be placed in the personnel file. No unsubstantiated complaints or allegations shall be placed in a member's personnel file. Complaints placed in a member’s personnel file and the member’s responses shall be removed from the member’s file and destroyed after 5 years, provided that the complaints are not supporting documentation for a disciplinary investigation undertaken under Article 59 and that no subsequent allegation of alleged distortion, employees similar misconduct has been confirmed or is under investigation under Article 59.
27:03 Each member shall have the right to provide additional material for inclusion obtain from the University, on reasonable notice in their personnel files.
16.4 Employees shall have the right to have the employer preparewriting, at the employee's University expense, copies a copy, and at her/his own expense additional copies, of their files any or all of the contents of her/his personnel file excluding confidential letters or assessments except as provided hereunderof reference.
(a) 27:04 No anonymous material shall be kept by the employer University concerning any employeemember or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsdeliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith. Statistical information gathered pursuant to Article 26 as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material. Non-statistical information gathered pursuant by way of such evaluation and statistical information arising out of statements or questions added by the member may be used only by the member or with the written consent of the member.
27:05 Letters received in relation to Article 26, however, the appointment of a member shall be confidential and shall not be exempt from shown to the provisions said member before or after her/his appointment.
27:06 Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this articleAgreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to her/his powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential. Onus of proof of breach of confidentiality shall rest with the member. The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential. The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing. A member should update her/his curriculum vitae when substantial amendments occur.
(b) Where 27:07 When confidential information is to be used by the employer places University in the course of proceedings to resolve a signed student comment on an employee's file:
(i) the employee shall be promptly advised of grievance, the substance of such confidential information shall be made available in advance to the complaint member or her/his duly authorized representative in such a form as will preserve which does not identify the confidentiality author. Where in the opinion of the complainant(s);
(iiarbitrator(s) the employee identity of the author is central to the resolution of the difference, the arbitrator(s) shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along supplied with the employee's rebuttalmaterial and may make such use of it as is essential to her/his/their decision, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity having due regard to place a further comment or rebuttal on the fileits confidentiality.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is
27:01 The Xxxx, or in the understanding case of the parties that librarian members, the University Librarian, shall maintain the sole personnel file recognized by this article is not inconsistent with Agreement relating to each member, and the principles enunciated Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.
(a) All documents pertaining to renewal, promotion and tenure or permanence shall be considered part of the member's personnel file. A copy of the summaries of the AAU Renewal, Promotion and Tenure or Permanence Committee meetings as described in the SenateSenate Bylaws shall be placed in the member's file in ample time for the member to consider the documentation prior to her/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975his presentation to UCAPT/UCRPPLM.
16.2 An employee (b) Upon presentation of identification, each member shall have the right to examine examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of histhe contents of her/her his personnel files during normal business hours, provided that any confidential file.
(c) Confidential letters of recommendation solicited reference shall become part of a member's personnel file as of the day on which they are received. A member shall be held confidential entitled to read the contents of such letters, except as provided for in this article. At any time, however, members may request and shall obtain that the names identity of the authors of all confidential letters or assessments held in their personnel filesauthor(s) shall remain confidential.
16.3 Employees (d) A member shall have the right to have all of their files supplemented or corrected included in the event said files additional material provided by himself/herself including her/his written comments on the accuracy or meaning of error any of the contents.
(e) Written complaints by a student or inadequacyothers shall not be placed in a member's personnel file before the member has an opportunity to respond in writing. In The response of the event of alleged distortion, employees member shall also be placed in the personnel file. No unsubstantiated complaints or allegations shall be placed in a member's personnel file.
27:03 Each member shall have the right to provide additional material for inclusion obtain from the University, on reasonable notice in their personnel files.
16.4 Employees shall have the right to have the employer preparewriting, at the employee's University expense, copies a copy, and at her/his own expense additional copies, of their files any or all of the contents of her/his personnel file excluding confidential letters or assessments except as provided hereunderof reference.
(a) 27:04 No anonymous material shall be kept by the employer University concerning any employeemember or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsdeliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith. Statistical information gathered pursuant to Article 26 as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material. Non-statistical information gathered pursuant by way of such evaluation and statistical information arising out of statements or questions added by the member may be used only by the member or with the written consent of the member.
27:05 Letters received in relation to Article 26, however, the appointment of a member shall be confidential and shall not be exempt from shown to the provisions said member before or after her/his appointment.
27:06 Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this articleAgreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to her/his powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential. Onus of proof of breach of confidentiality shall rest with the member. The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential. The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing. A member should update her/his curriculum vitae when substantial amendments occur.
(b) Where 27:07 When confidential information is to be used by the employer places University in the course of proceedings to resolve a signed student comment on an employee's file:
(i) the employee shall be promptly advised of grievance, the substance of such confidential information shall be made available in advance to the complaint member or her/his duly authorized representative in such a form as will preserve which does not identify the confidentiality author. Where in the opinion of the complainant(s);
(iiarbitrator(s) the employee identity of the author is central to the resolution of the difference, the arbitrator(s) shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along supplied with the employee's rebuttalmaterial and may make such use of it as is essential to her/his/their decision, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity having due regard to place a further comment or rebuttal on the fileits confidentiality.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is
22:01 There shall be one official personnel file for each member, hereinafter referred to as the understanding personnel file. The personnel file shall be kept in the office of the parties that Academic Xxxx. This official file shall be the only file used in decisions respecting any and all terms and conditions of employment of a member. The official documents constituting the file shall be the paper originals or, in the event the original document is received in facsimile or electronic form, an accurate paper copy. The official personnel file and copies thereof shall be clearly marked as confidential. All the restrictions specified in this article is which apply to the official personnel file apply equally to all copies of the files.
22:02 The personnel file of each member shall contain only material pertaining to the employment of the member. The material in the personnel file may include, but shall not inconsistent be limited to, the member's curriculum vitae, university transcripts, letters of application, references, salary and work history, evaluations, disciplinary material, decisions and recommendations, together with the principles enunciated reasons arising from personnel decisions involving the member, and copies of material reflecting professional development and achievement. Any material not added to the personnel file shall not be used in any process to the disadvantage of the member. Members have the right to update files at any time. Any files created for assessment purposes shall be deemed to be part of the official personnel file. As new documents are created or obtained in the Senate/Board policy on Confidentialityassessment process, approved by they shall be added to the Executive Committee of Senate on October 8, 1975file.
16.2 22:03 An employee Association full-time member shall have the right to examine all of his/her personnel files file during normal business hourshours in the presence of someone in authority. Letters and assessments, provided that any confidential letters of recommendation solicited including the authorship, shall be held confidential placed upon receipt in the personnel file of the member, which the member shall have the right to copy at the member’s expense.
22:04 Information contained in the file shall not be made available to third parties except (a) in official university administrative purposes; b) in the grievance procedure; (c) when authorized by the member concerned; (d) as provided for by law; (e) as required by any Article contained in this articleAgreement. At any timeNo documentation of a disciplinary nature will be placed in a member’s personnel file without his/her prior knowledge, however, members may request and shall obtain the names a signature of receipt is expected. Such signature acknowledges receipt of the authors document only, and not necessarily concurrence with its content.
22:05 It is a member's responsibility to verify the content of all confidential letters or assessments held in their personnel files.
16.3 Employees file on an annual basis. Members shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, employees members shall have the right to provide submit additional material for inclusion in their personnel files.
16.4 Employees shall have 19:01. One copy of all publications will be supplied for the right to have the employer prepare, at the employee's expense, copies of their files excluding confidential letters file or assessments except as provided hereunder.
(a) No anonymous material shall be kept by the employer concerning any employee. If introduced, such material shall be sufficient in and of itself to invalidate the proceedings. Statistical information gathered pursuant to Article 26 shall not be considered anonymous material. Non-statistical information gathered pursuant to Article 26, however, shall not be exempt from the provisions of this article.
(b) Where the employer places a signed student comment on an employee's file:
(i) the employee shall be promptly advised of the substance of the complaint in such a form as will preserve the confidentiality of the complainant(s);
(ii) the employee shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along with the employee's rebuttal, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity to place a further comment or rebuttal on the fileXxxxxxx Library.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is
27:01 The Xxxx, or in the understanding case of the parties that librarian members, the University Librarian, shall maintain the sole personnel file recognized by this article is not inconsistent with Agreement relating to each member, and the principles enunciated Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.
(a) All documents pertaining to renewal, promotion and tenure or permanence shall be considered part of the member's personnel file. A copy of the summaries of the AAU Renewal, Promotion and Tenure or Permanence Committee meetings as described in the SenateSenate Bylaws shall be placed in the member's file in ample time for the member to consider the documentation prior to their presentation to UCAPT/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975UCRPPLM.
16.2 An employee (b) Upon presentation of identification, each member shall have the right to examine examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of his/her the contents of the member’s personnel files during normal business hours, provided that any confidential file.
(c) Confidential letters of recommendation solicited reference shall become part of a member's personnel file as of the day on which they are received. A member shall be held confidential entitled to read the contents of such letters, except as provided for in this article. At any time, however, members may request and shall obtain that the names identity of the authors of all confidential letters or assessments held in their personnel filesauthor(s) shall remain confidential.
16.3 Employees (d) A member shall have the right to have all of their files supplemented or corrected included in the event said files additional material provided by the member including their written comments on the accuracy or meaning of error any of the contents.
(e) Written complaints by a student or inadequacyothers shall not be placed in a member's personnel file before the member has an opportunity to respond in writing. In The response of the event member shall also be placed in the personnel file. No unsubstantiated complaints or allegations shall be placed in a member's personnel file. Complaints placed in a member’s personnel file and the member’s responses shall be removed from the member’s file and destroyed after 5 years, provided that the complaints are not supporting documentation for a disciplinary investigation undertaken under Article 59 and that no subsequent allegation of alleged distortion, employees similar misconduct has been confirmed or is under investigation under Article 59.
27:03 Each member shall have the right to provide additional material for inclusion obtain from the University, on reasonable notice in their personnel files.
16.4 Employees shall have the right to have the employer preparewriting, at the employee's University expense, copies a copy, and at the member’s own expense additional copies, of their files any or all of the contents of the member’s personnel file excluding confidential letters or assessments except as provided hereunderof reference.
(a) 27:04 No anonymous material shall be kept by the employer University concerning any employeemember or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsdeliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith. Statistical information gathered pursuant to Article 26 as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material. Non-statistical information gathered pursuant by way of such evaluation and statistical information arising out of statements or questions added by the member may be used only by the member or with the written consent of the member.
27:05 Letters received in relation to Article 26, however, the appointment of a member shall be confidential and shall not be exempt from shown to the provisions said member before or after their appointment.
27:06 Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this articleAgreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to their powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential. Onus of proof of breach of confidentiality shall rest with the member. The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential. The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing. A member should update their curriculum vitae when substantial amendments occur.
(b) Where 27:07 When confidential information is to be used by the employer places University in the course of proceedings to resolve a signed student comment on an employee's file:
(i) the employee shall be promptly advised of grievance, the substance of such confidential information shall be made available in advance to the complaint member or their duly authorized representative in such a form as will preserve which does not identify the confidentiality author. Where in the opinion of the complainant(s);
(iiarbitrator(s) the employee identity of the author is central to the resolution of the difference, the arbitrator(s) shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along supplied with the employee's rebuttalmaterial and may make such use of it as is essential to their decision, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity having due regard to place a further comment or rebuttal on the fileits confidentiality.
Appears in 1 contract
Samples: Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is 27:01 The Xxxx, or in the understanding case of the parties that librarian members, the University Librarian, shall maintain the sole personnel file recognized by this article is not inconsistent with Agreement relating to each member, and the principles enunciated Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.
(a) All documents pertaining to renewal, promotion and tenure shall be considered part of the member's personnel file. A copy of the summaries of the AAU Renewal, Promotion and Tenure Committee meetings as described in the SenateSenate Bylaws shall be placed in the member's file in ample time for the member to consider the documentation prior to her/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975his presentation to UCAPT/UCRPPLM.
16.2 An employee (b) Upon presentation of identification, each member shall have the right to examine examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of histhe contents of her/her his personnel files during normal business hours, provided that any confidential file.
(c) Confidential letters of recommendation solicited reference shall become part of a member's personnel file as of the day on which they are received. A member shall be held confidential entitled to read the contents of such letters, except as provided for in this article. At any time, however, members may request and shall obtain that the names identity of the authors of all confidential letters or assessments held in their personnel filesauthor(s) shall remain confidential.
16.3 Employees (d) A member shall have the right to have all of their files supplemented or corrected included in the event said files additional material provided by himself/herself including her/his written comments on the accuracy or meaning of error any of the contents.
(e) Written complaints by a student or inadequacyothers shall not be placed in a member's personnel file before the member has an opportunity to respond in writing. In The response of the event of alleged distortion, employees member shall also be placed in the personnel file. No unsubstantiated complaints or allegations shall be placed in a member's personnel file.
27:03 Each member shall have the right to provide additional material for inclusion obtain from the University, on reasonable notice in their personnel files.
16.4 Employees shall have the right to have the employer preparewriting, at the employee's University expense, copies a copy, and at her/his own expense additional copies, of their files any or all of the contents of her/his personnel file excluding confidential letters or assessments except as provided hereunderof reference.
(a) 27:04 No anonymous material shall be kept by the employer University concerning any employeemember or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsdeliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith. Statistical information gathered pursuant to Article 26 as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material. Non-Non- statistical information gathered pursuant by way of such evaluation and statistical information arising out of statements or questions added by the member may be used only by the member or with the written consent of the member.
27:05 Letters received in relation to Article 26, however, the appointment of a member shall be confidential and shall not be exempt from shown to the provisions said member before or after her/his appointment.
27:06 Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this articleAgreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to her/his powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential. Onus of proof of breach of confidentiality shall rest with the member. The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential. The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing. A member should update her/his curriculum vitae when substantial amendments occur.
(b) Where 27:07 When confidential information is to be used by the employer places University in the course of proceedings to resolve a signed student comment on an employee's file:
(i) the employee shall be promptly advised of grievance, the substance of such confidential information shall be made available in advance to the complaint member or her/his duly authorized representative in such a form as will preserve which does not identify the confidentiality author. Where in the opinion of the complainant(s);
(iiarbitrator(s) the employee identity of the author is central to the resolution of the difference, the arbitrator(s) shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along supplied with the employee's rebuttalmaterial and may make such use of it as is essential to her/his/their decision, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity having due regard to place a further comment or rebuttal on the fileits confidentiality.
Appears in 1 contract
Samples: Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is 27:01 The Xxxx, or in the understanding case of the parties that librarian members, the University Librarian, shall maintain the sole personnel file recognized by this article is not inconsistent with Agreement relating to each member, and the principles enunciated Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.
(a) All documents pertaining to renewal, promotion and tenure or permanence shall be considered part of the member's personnel file. A copy of the summaries of the AAU Renewal, Promotion and Tenure or Permanence Committee meetings as described in the SenateSenate Bylaws shall be placed in the member's file in ample time for the member to consider the documentation prior to her/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975his presentation to UCAPT/UCRPPLM.
16.2 An employee (b) Upon presentation of identification, each member shall have the right to examine examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of histhe contents of her/her his personnel files during normal business hours, provided that any confidential file.
(c) Confidential letters of recommendation solicited reference shall become part of a member's personnel file as of the day on which they are received. A member shall be held confidential entitled to read the contents of such letters, except as provided for in this article. At any time, however, members may request and shall obtain that the names identity of the authors of all confidential letters or assessments held in their personnel filesauthor(s) shall remain confidential.
16.3 Employees (d) A member shall have the right to have all of their files supplemented or corrected included in the event said files additional material provided by himself/herself including her/his written comments on the accuracy or meaning of error any of the contents.
(e) Written complaints by a student or inadequacyothers shall not be placed in a member's personnel file before the member has an opportunity to respond in writing. In The response of the event of alleged distortion, employees member shall also be placed in the personnel file. No unsubstantiated complaints or allegations shall be placed in a member's personnel file.
27:03 Each member shall have the right to provide additional material for inclusion obtain from the University, on reasonable notice in their personnel files.
16.4 Employees shall have the right to have the employer preparewriting, at the employee's University expense, copies a copy, and at her/his own expense additional copies, of their files any or all of the contents of her/his personnel file excluding confidential letters or assessments except as provided hereunderof reference.
(a) 27:04 No anonymous material shall be kept by the employer University concerning any employeemember or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsdeliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith. Statistical information gathered pursuant to Article 26 as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material. Non-Non- statistical information gathered pursuant by way of such evaluation and statistical information arising out of statements or questions added by the member may be used only by the member or with the written consent of the member.
27:05 Letters received in relation to Article 26, however, the appointment of a member shall be confidential and shall not be exempt from shown to the provisions said member before or after her/his appointment.
27:06 Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this articleAgreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to her/his powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential. Onus of proof of breach of confidentiality shall rest with the member. The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential. The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing. A member should update her/his curriculum vitae when substantial amendments occur.
(b) Where 27:07 When confidential information is to be used by the employer places University in the course of proceedings to resolve a signed student comment on an employee's file:
(i) the employee shall be promptly advised of grievance, the substance of such confidential information shall be made available in advance to the complaint member or her/his duly authorized representative in such a form as will preserve which does not identify the confidentiality author. Where in the opinion of the complainant(s);
(iiarbitrator(s) the employee identity of the author is central to the resolution of the difference, the arbitrator(s) shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along supplied with the employee's rebuttalmaterial and may make such use of it as is essential to her/his/their decision, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity having due regard to place a further comment or rebuttal on the fileits confidentiality.
Appears in 1 contract
Samples: Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is the understanding of the parties that this article is not inconsistent with the principles enunciated in the Senate/Board Roard policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975.
16.2 An employee shall have the right to examine all of his/her personnel files during normal business hours, provided that any confidential letters of recommendation solicited shall be held confidential except as provided for in this article. At any time, however, members may request and shall obtain the names of the authors of all confidential letters or assessments held in their personnel files.
16.3 Employees shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, employees shall have the right to provide additional material for inclusion in their personnel files.
16.4 Employees shall have the right to have the employer prepare, at the employee's ’s expense, copies of their files excluding confidential letters or assessments except as provided hereunder.
(a) No anonymous material shall be kept by the employer concerning any employee. Nevertheless, anonymous material, if maintained contrary to this policy, shall not be submitted as evidence in any subsequent proceeding involving any employee. If introduced, such material shall be sufficient in and of itself to invalidate the proceedings. Statistical information gathered pursuant to Article 26 shall not be considered anonymous material. Non-statistical information gathered pursuant to Article 26, however, shall not be exempt from the provisions of this article.
(b) Where the employer places a signed student comment on an employee's ’s file:
(i) the employee shall be promptly advised of the substance of the complaint in such a form as will preserve the confidentiality of the complainant(s);
(ii) the employee shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along with the employee's rebuttal, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity to place a further comment or rebuttal on the file.
Appears in 1 contract
Samples: Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is the understanding of the parties that this article is not inconsistent with the principles enunciated in the Senate/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975.
16.2 An employee 15.1 A Member shall have the right to examine all of his/her personnel files during normal business hours, provided that any confidential letters of recommendation solicited shall be held confidential except as provided for in this article. At any time, however, members Members may request and shall obtain the names of the authors of all confidential letters or assessments held in their personnel files.
16.3 Employees 15.2 Members shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, employees Members shall have the right to provide additional material for inclusion in their personnel files.
16.4 Employees shall have the right to have the employer prepare, at the employee's expense, copies of their files excluding confidential letters or assessments except as provided hereunder.
(a) No anonymous material shall be kept by the employer Employer concerning any employeeMember. If introduced, Any such anonymous material contained in the files at the time of ratification of this Agreement shall be sufficient in and of itself to invalidate destroyed by the proceedingsEmployer. Statistical information gathered pursuant to Article 26 shall not be considered Nevertheless, anonymous material. Non-statistical information gathered pursuant , if maintained contrary to Article 26, howeverthis policy, shall not be exempt from the provisions of this article.submitted as evidence in any
(b) Where the employer Employer places a signed student comment on an employeecomplaint in a Member's filefile from any source:
(i) the employee Member shall be promptly advised of the substance of the complaint in such a form as will preserve the confidentiality of the complainant(s);
(ii) the employee Member shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer Employer may only use the complaint in a career decision if the student's names are disclosed to the employeeMember;
(viv) if the students do author is a student and does not consent to the disclosure of their nameshis/her name, then upon completion of final grade reports the document, along with the employeeMember's rebuttal, shall be removed from the file and destroyed;
(viv) if the students' names are disclosed, the employee Member shall, at that time, be given an opportunity to place a further comment or rebuttal on the file.
(c) When written student comments are retained, copies shall be placed in the Member's file and a copy forwarded to the Member.
15.4 Personnel files of Members shall be kept only by the appropriate Xxxx, and the Office of the President of the University. The files maintained in the Human Resources Office are deemed for the purposes of this Article not to be personnel files and shall not form part of any dossier for purposes of appointment, promotion or tenure pursuant to Article 17.
15.5 Letters or assessments received in relation to the initial appointment of a Member at the University shall be confidential and shall not be shown to the candidate before or after his/her appointment. Such letters or assessments shall either be destroyed or returned to the sender within one
(1) month of the Member obtaining tenure. Such letters or assessments shall not be submitted as evidence in any subsequent proceeding involving a Member. Letters currently in the files of any tenured Member in relation to appointment shall be either destroyed or returned to the sender within one (1) month of the signing of this Collective Agreement and shall not be used in any proceeding involving a Member of the Bargaining Unit.
15.6 Letters of reference solicited by or with the knowledge of a Member who has applied for tenure or promotion shall be considered confidential. Such letters and assessments in connection with tenure or promotion shall not be shown to the candidate except where the candidate proceeds to arbitration. All letters and assessments in relation to promotion shall be destroyed at the request of the Member no sooner than one (1) year after they are written. Such letters or assessments, if maintained contrary to this policy, shall not be submitted as evidence in any subsequent proceeding involving a Member.
15.7 When confidential material is to be used by the Employer in the course of proceedings to resolve a grievance and an arbitrator is used he/she shall have access to all confidential material. Where in the opinion of the arbitrator the identity of the author is central to the resolution of the difference, the arbitrator shall be supplied with the material and may make use of it as is essential to his/her decision, having due regard to its confidentiality.
15.8 If a document is placed in a Members file contrary to the provisions of this Collective Agreement, the Member may challenge its inclusion in his/her file. The Member has the right to include in the file at any time additional material which is not anonymous including his/her written comments on the accuracy or meaning of any of the contents of his/her file.
15.9 The Member shall be informed in writing of any additions to or deletion of material for his/her file within ten (10) working days of the addition or deletion.
15.10 None of the contents of the Member's file shall be made available to any person or institution outside of Nipissing University, except at the written request of the Member or as part of established assessment procedures. If the University is compelled by law or regulation to release information in a Member's file, the details of the release shall immediately be conveyed in writing to the Member.
Appears in 1 contract
Samples: Collective Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is the understanding of the parties that this article is not inconsistent with the principles enunciated in the Senate/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975.(last rev. 2006)
16.2 22:01 An employee academic staff member shall have the right to examine all of his/her personnel files file during normal business hours, provided that any confidential letters of recommendation solicited recommendations and assessment shall be held confidential except as provided for in this articleArticle. At any time, however, members may request and shall obtain the names of the authors of all confidential letters or assessments held in their personnel files. The member shall be allowed to examine his/her personnel file only in the presence of someone in authority in the Office of the Academic Xxxx.
16.3 Employees 22:02 Information contained in the file should not be made available to third parties except (a) in the grievance procedure; (b) when authorized by the member concerned; (c) as provided by law; (d) as required by any Article contained in this Agreement.
22:03 No documentation will be placed in a member’s personnel file without his/her prior knowledge, and a signature of receipt is expected. Such signature acknowledges receipt of the document only, and not necessarily concurrence with its content. Members shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, employees members shall have the right to provide submit additional material for inclusion in their personnel files. All faculty will be required to review their personnel file and sign all documents contained therein by November 15th, 2006.
16.4 Employees 22:04 It is expected that members will prepare and update their curriculum vitae annually. The annual report will include teaching, scholarship, research and community activities: see Article
19:01. One copy of all publications will be supplied for the file or to the Xxxxxxx Library.
22:05 Members shall have the right to have the employer University prepare, at the employee's member’s expense, copies of their files excluding confidential letters or assessments except as provided hereunderprovided.
(a) Letters and other documents received in relation to the appointment of a member shall be confidential and shall not be shown to the candidate before or after his/her appointment. Reference letters received during the appointments process will be part of the hiring and selection file and not the personnel file. They shall not be kept more than 6 months following the conclusion of the hiring process and will be destroyed at that time.
(b) The Personnel file will maintain all Annual Reports and all official letters recording award or non- award of tenure, promotion, discipline, etc.
(c) Letters and other documents received in relation to the evaluation of a member shall be confidential. If the member requests, a summary of the contents with all identifying third-party information removed will be made available to the member Peer Review Committee files on probationary candidates will be kept complete until 12 months after tenure is awarded. At that time, all letters and documents in the Peer Review Committee files will be destroyed. The Peer Review Committee files for promotion will also be destroyed twelve months after the decision on promotion has been made.
22:07 Letters of reference and/or assessments shall be made available in their entirety to the appropriate committees dealing with appointments, promotions, tenure, dismissal and grievance, as applicable. The members of such committees shall treat such letters and assessments as confidential.
22:08 No anonymous material shall be kept by the employer concerning any employee. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsa member. Statistical information gathered pursuant to Article 26 by means of approved student evaluation forms shall not be considered anonymous material. Non-statistical information gathered pursuant to Article 26, however, in a similar fashion shall not be exempt from the provisions of this articleArticle.
(b) Where the employer places a signed student comment on an employee's file:
(i) the employee 22:09 Personnel files of members shall be promptly advised kept only in the Office of the substance Academic Xxxx of the complaint in such a form as will preserve the confidentiality of the complainant(s);
(ii) the employee shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along with the employee's rebuttal, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity to place a further comment or rebuttal on the fileUniversity.
Appears in 1 contract
Samples: Collective Bargaining Agreement
CONFIDENTIALITY AND ACCESS TO PERSONNEL FILES. 16.1 It is 27:01 The Xxxx, or in the understanding case of the parties that librarian members, the University Librarian, shall maintain the sole personnel file recognized by this article is not inconsistent with Agreement relating to each member, and the principles enunciated Departments of Human Resources and Finance shall maintain the benefits and payroll records of each member.
(a) All documents pertaining to renewal, promotion and tenure or permanence shall be considered part of the member's personnel file. A copy of the summaries of the AAU Renewal, Promotion and Tenure or Permanence Committee meetings as described in the SenateSenate Bylaws shall xx placed in the member's file in ample time for the member to consider the documentation prior to her/Board policy on Confidentiality, approved by the Executive Committee of Senate on October 8, 1975his presentation to UCAPT/UCRPPLM.
16.2 An employee (b) Upon presentation of identification, each member shall have the right to examine examine, by special appointment, which shall not be withheld unreasonably, during regular office hours, all of histhe contents of her/her his personnel files during normal business hours, provided that any confidential file.
(c) Confidential letters of recommendation solicited reference shall become part of a member's personnel file as of the day on which they are received. A member shall be held confidential entitled to read the contents of such letters, except as provided for in this article. At any time, however, members may request and shall obtain that the names identity of the authors of all confidential letters or assessments held in their personnel filesauthor(s) shall remain confidential.
16.3 Employees (d) A member shall have the right to have all of their files supplemented or corrected included in the event said files additional material provided by himself/herself including her/his written comments on the accuracy or meaning of error any of the contents.
(e) Written complaints by a student or inadequacyothers shall not be placed in a member's personnel file before the member has an opportunity to respond in writing. In The response of the event of alleged distortion, employees member shall also be placed in the personnel file. No unsubstantiated complaints or allegations shall be placed in a member's personnel file.
27:03 Each member shall have the right to provide additional material for inclusion obtain from the University, on reasonable notice in their personnel files.
16.4 Employees shall have the right to have the employer preparewriting, at the employee's University expense, copies a copy, and at her/his own expense additional copies, of their files any or all of the contents of her/his personnel file excluding confidential letters or assessments except as provided hereunderof reference.
(a) 27:04 No anonymous material shall be kept by the employer University concerning any employeemember or submitted as evidence in any formal or informal deliberation, action, or proceeding involving any member. If introduced, such material shall be sufficient in and of itself to invalidate the proceedingsdeliberation, action, or proceeding. Any such anonymous material contained in the files at the time of ratification of this Agreement shall be returned to the faculty member forthwith. Statistical information gathered pursuant to Article 26 as a result of any collective teacher evaluation made by students and approved by the Senate (or other appropriate University authority) shall not be considered to be anonymous material. Non-statistical information gathered pursuant by way of such evaluation and statistical information arising out of statements or questions added by the member may be used only by the member or with the written consent of the member.
27:05 Letters received in relation to Article 26, however, the appointment of a member shall be confidential and shall not be exempt from shown to the provisions said member before or after her/his appointment.
27:06 Except as authorized by this Agreement or as authorized by a member in writing, or as relevant and material to collective bargaining and to the administration of this articleAgreement by the Faculty Association, or as relevant and material to an arbitration proceeding under this Agreement and as required by the arbitrator pursuant to her/his powers, all health and psychiatric records, transcripts, letters of reference and assessment, or material reflecting the salary history or the existing salary rate or other personal information of any member under the direct control of the University shall be kept confidential. Onus of proof of breach of confidentiality shall rest with the member. The curriculum vitae of a member shall not be regarded as personal information and shall not be considered to be confidential unless requested in writing by the member that it be kept confidential. The University shall be held blameless for the release of information contained in a member's curriculum vitae unless so requested in writing. A member should update her/his curriculum vitae when substantial amendments occur.
(b) Where 27:07 When confidential information is to be used by the employer places University in the course of proceedings to resolve a signed student comment on an employee's file:
(i) the employee shall be promptly advised of grievance, the substance of such confidential information shall be made available in advance to the complaint member or her/his duly authorized representative in such a form as will preserve which does not identify the confidentiality author. Where in the opinion of the complainant(s);
(iiarbitrator(s) the employee identity of the author is central to the resolution of the difference, the arbitrator(s) shall be given an opportunity to place a comment or rebuttal on the file;
(iii) the student's names shall only be disclosed with their consent;
(iv) the employer may only use the complaint in a career decision if the student's names are disclosed to the employee;
(v) if the students do not consent to the disclosure of their names, then upon completion of final grade reports the document, along supplied with the employee's rebuttalmaterial and may make such use of it as is essential to her/his/their decision, shall be removed from the file and destroyed;
(vi) if the students' names are disclosed, the employee shall, at that time, be given an opportunity having due regard to place a further comment or rebuttal on the fileits confidentiality.
Appears in 1 contract
Samples: Collective Agreement
