Discrimination and Harassment. I.2.4.1 The parties agree that there shall be no discrimination, interference, restriction or coercion exercised or practised by either of them with respect to any member in regard to any matter including salaries, rank, appointment, promotion, tenure, permanency, re-appointment, dismissal, sabbatical leave, fringe benefits, or any other terms and conditions of employment by reason of age (except as required by statute or the retirement provisions of the Trent University Pension Plan), race, language (except where the lack of language competence would clearly prevent the carrying out of the required duties), creed, colour, ancestry, ethnic origin, place of origin (birth place), citizenship, political or religious affiliation or belief, sex, pregnancy, sexual orientation, marital status, family status, number of dependents, clerical or lay status, disability (except where the disability would clearly prevent the carrying out of the required duties), place of residence (except where place of residence at such distance from the University significantly restricts members from carrying out their duties and responsibilities), or membership or activity in the Association or other legal associations. The parties are committed to providing equal treatment with respect to employment without discrimination as required by the Ontario Human Rights Code. The University is committed to meeting the requirements of the Ontarians with Disabilities Act to address a workplace free of barriers. I.2.4.2 Measures implemented by the parties under the Collective Agreement, in relation to the University's Employment Equity program, are not intended by the parties to be discriminatory within the meaning of I.2.4 or under the relevant provisions of the Ontario Human Rights Code. Where necessary and as appropriate, in relation to such measures, the parties will work together to achieve "Special Program" status under the Ontario Human Rights Code. I.2.4.3 The parties agree that harassment, and discrimination falling under the jurisdiction of the "Discrimination and Harassment Policy", shall be subject to the provisions of Appendix D. Nothing in this Article or in Appendix D is intended to inhibit consensual social relationships, freedom of expression or academic freedom of any member. Nothing in this Article or in Appendix D is intended to limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals. Nothing in this Article or in Appendix D is intended to restrict or inhibit a member's right to file a complaint with the Ontario Human Rights Commission. Nothing in this Article or in Appendix D is intended to restrict the role of the Association or its representatives in responding to the concerns of members. Nothing in this Article or in Appendix D is intended to limit access to the grievance and arbitration process under the Collective Agreement in connection with discrimination, interference, restriction, or coercion under I.2.4.1. Nothing in this Article or in Appendix D is intended to restrict the action(s) of the University in responding to substantiated instances of harassment or discrimination. I.2.4.4 Where a member applying for assistance or making a complaint under Appendix D is in contact with the subject of the application or the respondent by virtue of teaching, employment or other institutional relationships, and where such a member has reasonable grounds to believe that there is a threat to his/her physical health, safety or security, the member may, upon notification to the Xxxxxxx and Vice President Academic, discontinue such contact with the subject of the application or the respondent pending the disposition of the matter under Appendix D or the institution of other appropriate arrangements. In the event that such discontinuance of contact significantly reduces the workload either of the said member or of a member who is the subject of the application or the respondent, the Xxxxxxx and Vice President Academic, in consultation with the Xxxx/University Librarian may assign other duties as deemed necessary. I.2.4.5 When the Xxxxxxx and Vice President Academic notifies a member that disciplinary sanctions are to be imposed on the member under section 9.10 of Appendix D, a copy of the written notification shall be sent at the same time to the Association. I.2.4.6 A grievance arising out of the imposition of a disciplinary sanction under Appendix D must be filed by the Association in accordance with the timelines laid out in IX.3. Such a grievance may be referred directly to Step Three of the grievance process as outlined in IX.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Discrimination and Harassment. I.2.4.1 The parties agree that there shall be no discrimination, interference, restriction or coercion exercised or practised by either of them with respect to any member in regard to any matter including salaries, rank, appointment, promotion, tenure, permanency, re-appointment, dismissal, sabbatical leave, fringe benefits, or any other terms and conditions of employment by reason of age (except as required by statute or the retirement provisions of the Trent University Pension Plan), race, language (except where the lack of language competence would clearly prevent the carrying out of the required duties), creed, colour, ancestry, ethnic origin, place of origin (birth place), citizenship, political or religious affiliation or belief, sex, pregnancy, gender identity, gender expression, sexual orientation, marital status, family status, number of dependents, clerical or lay status, disability (except where the disability would clearly prevent the carrying out of the required duties), place of residence (except where place of residence at such distance from the University significantly restricts members from carrying out their duties and responsibilities), or membership or activity in the Association or other legal associations. The parties are committed to providing equal treatment with respect to employment without discrimination as required by the Ontario Human Rights Code. The University is committed to meeting the requirements of the Ontarians with Disabilities Act to address a workplace free of barriers.
I.2.4.2 Measures implemented by the parties under the Collective Agreement, in relation to the University's Employment Equity program, are not intended by the parties to be discriminatory within the meaning of I.2.4 or under the relevant provisions of the Ontario Human Rights Code. Where necessary and as appropriate, in relation to such measures, the parties will work together to achieve "Special Program" status under the Ontario Human Rights Code.
I.2.4.3 The parties agree that harassment, and discrimination falling under the jurisdiction of the "Discrimination and Harassment Policy", shall be subject to the provisions of Appendix D. C. Nothing in this Article or in Appendix D C is intended to inhibit consensual social relationships, freedom of expression or academic freedom of any member. Nothing in this Article or in Appendix D C is intended to limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals. Nothing in this Article or in Appendix D C is intended to restrict or inhibit a member's right to file a complaint with the Ontario Human Rights Commission. Nothing in this Article or in Appendix D C is intended to restrict the role of the Association or its representatives in responding to the concerns of members. Nothing in this Article or in Appendix D C is intended to limit access to the grievance and arbitration process under the Collective Agreement in connection with discrimination, interference, restriction, or coercion under I.2.4.1. Nothing in this Article or in Appendix D C is intended to restrict the action(s) of the University in responding to substantiated instances of harassment or discrimination.
I.2.4.4 Where a member applying for assistance or making a complaint under Appendix D C is in contact with the subject of the application or the respondent by virtue of teaching, employment or other institutional relationships, and where such a member has reasonable grounds to believe that there is a threat to his/her their physical health, safety or security, the member may, upon notification to the Xxxxxxx and Vice President AcademicXxxxxxx, discontinue such contact with the subject of the application or the respondent pending the disposition of the matter under Appendix D C or the institution of other appropriate arrangements. In the event that such discontinuance of contact significantly reduces the workload either of the said member or of a member who is the subject of the application or the respondent, the Xxxxxxx and Vice President AcademicXxxxxxx, in consultation with the Xxxx/University Librarian may assign other duties as deemed necessary.
I.2.4.5 When the Xxxxxxx and Vice President Academic notifies a member that disciplinary sanctions are to be imposed on the member under section 9.10 of Appendix DC, a copy of the written notification shall be sent at the same time to the Association.
I.2.4.6 A grievance arising out of the imposition of a disciplinary sanction under Appendix D C must be filed by the Association in accordance with the timelines laid out in IX.3Article XIII. Such a grievance may be referred directly to Step Three Two of the grievance process as outlined in IXXIII. These time limits may be revised by mutual agreement of the parties. In any such grievance the arbitrator(s) shall hear all evidence de novo.
I.2.4.7 Public or official statements by officers of the University concerning an application for assistance or complaint under Appendix C shall be consistent with the substance and/or stage of said application or complaint. Such statements, including statements concerning disciplinary sanctions imposed under Appendix C, shall be made by the University only on a "need-to-know" basis. However, arbitration reports issued in consequence of actions under Appendix C constitute public documents.
I.2.4.8 If the Xxxxxxx decides under section 9.10 of Appendix C not to proceed against a member who is a respondent, or if an arbitration decides in favour of such a member, the University shall remove all documentation relating to the complaint from the member's personnel files and, except for arbitration reports which shall be retained, shall at the discretion of that member destroy the documentation or transfer it to that member.
I.2.4.9 Records of disciplinary sanctions imposed on a member under Appendix C which are confined to a warning or reprimand shall be removed from the member's personnel files after a period of three (3) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Records of disciplinary sanctions under Appendix C, more serious than a warning or reprimand, shall be removed from the member's personnel files after a period of five (5) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Documents which are so removed shall be maintained in a separate file in the Office of the appropriate Xxxx/ University Librarian, with access on a "need-to-know" basis and only in the context of personnel/employment decisions involving disciplinary action. Notice of access shall be provided to the member and to the Association.
I.2.4.10 The University shall make every reasonable effort to protect members from undue jeopardy attaching to performance of their duties. Undue jeopardy may arise from trivial, frivolous, vexatious or bad-faith allegations under Appendix C. The University and the Association shall assist a member in applying whatever legal remedies exist if harassment of the member continues after a complaint has been upheld and disciplinary action has been taken under Appendix C.
I.2.4.11 The Human Rights Advisor shall compile an annual report about applications for assistance and complaints under Appendix C. This report shall be as full as requirements of confidentiality under Appendix C permit and shall be made available to the University community.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discrimination and Harassment. I.2.4.1
7.01 The parties agree Employer and the Union are committed to a working and learning environment that there allows for full and free participation of all members of the institutional community. Discrimination against and harassment of individuals, whether as members of any recognizable group or otherwise, undermine these objectives and violate the fundamental rights, personal dignity and integrity of individuals or groups of individuals.
7.02 Consistent with the Ontario Human Rights Code, the Parties acknowledge that the University has a duty to accommodate and the Union has an obligation to assist in that accommodation. In situations where an Employee requires an accommodation, the University, the Union and the Employee shall make every reasonable effort to reach the required resolution.
7.03 There shall be no discrimination, interference, restriction or coercion exercised against or practised by either any Employee regarding any term or condition of them with respect to employment, nor shall any member discrimination be exercised against or by Employees in regard to any matter including salariesthe course of carrying out their duties, rank, appointment, promotion, tenure, permanency, re-appointment, dismissal, sabbatical leave, fringe benefits, or any other terms and conditions of employment by reason of age of:
(except as required by statute or the retirement provisions of the Trent University Pension Plan), a) race, language (except where the lack of language competence would clearly prevent the carrying out of the required duties), creed, colourcolor, ancestry, place of birth, ethnic or national origin, place of origin citizenship; or
(birth place)b) creed, citizenship, religious or political or religious affiliation or belief, belief or practice; or
(c) sex, pregnancy, sexual orientation, gender identity or expression, physical attributes, marital status, or family status, number ; or
(d) age; or
(e) physical or mental illness or disability; or
(f) place of dependents, clerical residence; or
(g) record of offences for which a pardon has been granted; or
(h) membership or lay status, disability (except where participation in the disability would clearly prevent Union.
7.04 This Article shall not infringe upon the carrying out implementation of special programs designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity. Harassment
7.05 There shall be no Harassment or Sexual Harassment exercised against or by any Employee.
7.06 Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment may be related to one or more of the required duties)prohibited grounds of discrimination under Article 7.03. Harassment includes sexual harassment, place of residence (except where place of residence at such distance from the University significantly restricts members from carrying out their duties and responsibilities), or membership or activity in the Association or other legal associations. The parties are committed to providing equal treatment with respect to employment without discrimination as required by the Ontario Human Rights Code. The University is committed to meeting the requirements of the Ontarians with Disabilities Act to address a workplace free of barriers.
I.2.4.2 Measures implemented by the parties under the Collective Agreement, in relation to the University's Employment Equity program, are not intended by the parties to be discriminatory within the meaning of I.2.4 or under the relevant provisions of the Ontario Human Rights Code. Where necessary and as appropriate, in relation to such measures, the parties will work together to achieve "Special Program" status under the Ontario Human Rights Code.
I.2.4.3 The parties agree that personal harassment, and discrimination falling under the jurisdiction workplace harassment. Harassment is a serious offence that may be cause for disciplinary sanctions including, where appropriate, dismissal.
7.07 Sexual Harassment includes comment or conduct of the "Discrimination a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats, unwelcome sexual invitations or requests, demands for sexual favours or unwelcome innuendo or taunting about a person’s body, physical appearance, sexual orientation or gender expression, and Harassment Policy"includes situations where:
(a) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment; or
(b) submission to such conduct by an individual is used as a basis for employment, shall be subject to the provisions of Appendix D. Nothing in this Article or in Appendix D is intended to inhibit consensual social relationships, freedom of expression for academic advancement; or
(c) such conduct interferes with an individual’s work or academic freedom of any member. Nothing in this Article performance; or
(d) such conduct creates an intimidating, hostile or in Appendix D is intended to limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints offensive working or conducting job performance appraisals. Nothing in this Article or in Appendix D is intended to restrict or inhibit a member's right to file a complaint with the Ontario Human Rights Commission. Nothing in this Article or in Appendix D is intended to restrict the role of the Association or its representatives in responding to the concerns of members. Nothing in this Article or in Appendix D is intended to limit access to the grievance and arbitration process under the Collective Agreement in connection with discrimination, interference, restriction, or coercion under I.2.4.1. Nothing in this Article or in Appendix D is intended to restrict the action(s) of the University in responding to substantiated instances of harassment or discrimination.
I.2.4.4 Where a member applying for assistance or making a complaint under Appendix D is in contact with the subject of the application or the respondent by virtue of teaching, employment or other institutional relationships, and where such a member has reasonable grounds to believe that there is a threat to his/her physical health, safety or security, the member may, upon notification to the Xxxxxxx and Vice President Academic, discontinue such contact with the subject of the application or the respondent pending the disposition of the matter under Appendix D or the institution of other appropriate arrangements. In the event that such discontinuance of contact significantly reduces the workload either of the said member or of a member who is the subject of the application or the respondent, the Xxxxxxx and Vice President Academic, in consultation with the Xxxx/University Librarian may assign other duties as deemed necessary.
I.2.4.5 When the Xxxxxxx and Vice President Academic notifies a member that disciplinary sanctions are to be imposed on the member under section 9.10 of Appendix D, a copy of the written notification shall be sent at the same time to the Association.
I.2.4.6 A grievance arising out of the imposition of a disciplinary sanction under Appendix D must be filed by the Association in accordance with the timelines laid out in IX.3. Such a grievance may be referred directly to Step Three of the grievance process as outlined in IX.academic
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Discrimination and Harassment. I.2.4.1 The parties agree that there shall be no discrimination, interference, restriction or coercion exercised or practised by either of them with respect to any member in regard to any matter including salaries, rank, appointment, promotion, tenure, permanency, re-appointment, dismissal, sabbatical leave, fringe benefits, or any other terms and conditions of employment by reason of age (except as required by statute or the retirement provisions of the Trent University Pension Planstatute), race, language (except where the lack of language competence would clearly prevent the carrying out of the required duties), creed, colour, ancestry, ethnic origin, place of origin (birth place), citizenship, political or religious affiliation or belief, sex, pregnancy, gender identity, gender expression, sexual orientation, marital status, family status, number of dependents, clerical or lay status, disability (except where the disability would clearly prevent the carrying out of the required duties), place of residence (except where place of residence at such distance from the University significantly restricts members from carrying out their duties and responsibilities), or membership or activity in the Association or other legal associations. The parties are committed to providing equal treatment with respect to employment without discrimination as required by the Ontario Human Rights Code. The University is committed to meeting the requirements of the Ontarians with Disabilities Act to address a workplace free of barriers.
I.2.4.2 Measures implemented by the parties under the Collective Agreement, in relation to the University's Employment Equity program, are not intended by the parties to be discriminatory within the meaning of I.2.4 or under the relevant provisions of the Ontario Human Rights Code. Where necessary and as appropriate, in relation to such measures, the parties will work together to achieve "Special Program" status under the Ontario Human Rights Code.
I.2.4.3 The parties agree that harassment, and discrimination falling under the jurisdiction of the "Discrimination and Harassment Policy", shall be subject to the provisions of Appendix D. C. Nothing in this Article or in Appendix D C is intended to inhibit consensual social relationships, freedom of expression or academic freedom of any member. Nothing in this Article or in Appendix D C is intended to limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals. Nothing in this Article or in Appendix D C is intended to restrict or inhibit a member's right to file a complaint with the Ontario Human Rights Commission. Nothing in this Article or in Appendix D C is intended to restrict the role of the Association or its representatives in responding to the concerns of members. Nothing in this Article or in Appendix D C is intended to limit access to the grievance and arbitration process under the Collective Agreement in connection with discrimination, interference, restriction, or coercion under I.2.4.1. Nothing in this Article or in Appendix D C is intended to restrict the action(s) of the University in responding to substantiated instances of harassment or discrimination.
I.2.4.4 Where a member applying for assistance or making a complaint under Appendix D C is in contact with the subject of the application or the respondent by virtue of teaching, employment or other institutional relationships, and where such a member has reasonable grounds to believe that there is a threat to his/her physical their health, safety or security, the member may, upon notification to the Xxxxxxx and Vice President AcademicXxxxxxx, discontinue such contact with the subject of the application or the respondent pending the disposition of the matter under Appendix D C or the institution of other appropriate arrangements. In the event that such discontinuance of contact significantly reduces the workload either of the said member or of a member who is the subject of the application or the respondent, the Xxxxxxx and Vice President AcademicXxxxxxx, in consultation with the Xxxx/University Librarian may assign other duties as deemed necessary.
I.2.4.5 When the Xxxxxxx and Vice President Academic notifies a member that disciplinary sanctions are to be imposed on the member under section 9.10 of Appendix DC, a copy of the written notification shall be sent at the same time to the Association.
I.2.4.6 A grievance arising out of the imposition of a disciplinary sanction under Appendix D C must be filed by the Association in accordance with the timelines laid out in IX.3Article XIII. Such a grievance may be referred directly to Step Three Two of the grievance process as outlined in IXXIII. These time limits may be revised by mutual agreement of the parties. In any such grievance the arbitrator(s) shall hear all evidence de novo.
I.2.4.7 Public or official statements by officers of the University concerning an application for assistance or complaint under Appendix C shall be consistent with the substance and/or stage of said application or complaint. Such statements, including statements concerning disciplinary sanctions imposed under Appendix C, shall be made by the University only on a "need-to-know" basis. However, arbitration reports issued in consequence of actions under Appendix C constitute public documents.
I.2.4.8 If the Xxxxxxx decides under section 9.10 of Appendix C not to proceed against a member who is a respondent, or if an arbitration decides in favour of such a member, the University shall remove all documentation relating to the complaint from the member's personnel files and, except for arbitration reports which shall be retained, shall at the discretion of that member destroy the documentation or transfer it to that member.
I.2.4.9 Records of disciplinary sanctions imposed on a member under Appendix C which are confined to a warning or reprimand shall be removed from the member's personnel files after a period of three (3) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Records of disciplinary sanctions under Appendix C, more serious than a warning or reprimand, shall be removed from the member's personnel files after a period of five (5) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Documents which are so removed shall be maintained in a separate file in the Office of the appropriate Xxxx/University Librarian, with access on a "need-to-know" basis and only in the context of personnel/employment decisions involving disciplinary action. Notice of access shall be provided to the member and to the Association.
I.2.4.10 The University shall make every reasonable effort to protect members from undue jeopardy attaching to performance of their duties. Undue jeopardy may arise from trivial, frivolous, vexatious or bad-faith allegations under Appendix C. The University and the Association shall assist a member in applying whatever legal remedies exist if harassment of the member continues after a complaint has been upheld and disciplinary action has been taken under Appendix C.
I.2.4.11 The Human Rights Advisor shall compile an annual report about applications for assistance and complaints under Appendix C. This report shall be as full as requirements of confidentiality under Appendix C permit and shall be made available to the University community.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Harassment. I.2.4.1 The parties agree that there shall be no discrimination, interference, restriction or coercion exercised or practised by either of them with respect to any member in regard to any matter including salaries, rank, appointment, promotion, tenure, permanency, re-appointment, dismissal, sabbatical leave, fringe benefits, or any other terms and conditions of employment by reason of age (except as required by statute or the retirement provisions of the Trent University Pension Plan), race, language (except where the lack of language competence would clearly prevent the carrying out of the required duties), creed, colour, ancestry, ethnic origin, place of origin (birth place), citizenship, political or religious affiliation or belief, sex, pregnancy, gender identity, gender expression, sexual orientation, marital status, family status, number of dependents, clerical or lay status, disability (except where the disability would clearly prevent the carrying out of the required duties), place of residence (except where place of residence at such distance from the University significantly restricts members from carrying out their duties and responsibilities), or membership or activity in the Association or other legal associations. The parties are committed to providing equal treatment with respect to employment without discrimination as required by the Ontario Human Rights Code. The University is committed to meeting the requirements of the Ontarians with Disabilities Act to address a workplace free of barriers.
I.2.4.2 Measures implemented by the parties under the Collective Agreement, in relation to the University's Employment Equity program, are not intended by the parties to be discriminatory within the meaning of I.2.4 or under the relevant provisions of the Ontario Human Rights Code. Where necessary and as appropriate, in relation to such measures, the parties will work together to achieve "Special Program" status under the Ontario Human Rights Code.
I.2.4.3 The parties agree that harassment, and discrimination falling under the jurisdiction of the "Discrimination and Harassment Policy", shall be subject to the provisions of Appendix D. C. Nothing in this Article or in Appendix D C is intended to inhibit consensual social relationships, freedom of expression or academic freedom of any member. Nothing in this Article or in Appendix D C is intended to limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals. Nothing in this Article or in Appendix D C is intended to restrict or inhibit a member's right to file a complaint with the Ontario Human Rights Commission. Nothing in this Article or in Appendix D C is intended to restrict the role of the Association or its representatives in responding to the concerns of members. Nothing in this Article or in Appendix D C is intended to limit access to the grievance and arbitration process under the Collective Agreement in connection with discrimination, interference, restriction, or coercion under I.2.4.1. Nothing in this Article or in Appendix D C is intended to restrict the action(s) of the University in responding to substantiated instances of harassment or discrimination.
I.2.4.4 Where a member applying for assistance or making a complaint under Appendix D C is in contact with the subject of the application or the respondent by virtue of teaching, employment or other institutional relationships, and where such a member has reasonable grounds to believe that there is a threat to his/her their physical health, safety or security, the member may, upon notification to the Xxxxxxx and Vice President AcademicXxxxxxx, discontinue such contact with the subject of the application or the respondent pending the disposition of the matter under Appendix D C or the institution of other appropriate arrangements. In the event that such discontinuance of contact significantly reduces the workload either of the said member or of a member who is the subject of the application or the respondent, the Xxxxxxx and Vice President AcademicXxxxxxx, in consultation with the Xxxx/University Librarian may assign other duties as deemed necessary.
I.2.4.5 When the Xxxxxxx and Vice President Academic notifies a member that disciplinary sanctions are to be imposed on the member under section 9.10 of Appendix DC, a copy of the written notification shall be sent at the same time to the Association.
I.2.4.6 A grievance arising out of the imposition of a disciplinary sanction under Appendix D C must be filed by the Association in accordance with the timelines laid out in IX.3Article XIII. Such a grievance may be referred directly to Step Three Two of the grievance process as outlined in IXXIII. These time limits may be revised by mutual agreement of the parties. In any such grievance the arbitrator(s) shall hear all evidence de novo.
I.2.4.7 Public or official statements by officers of the University concerning an application for assistance or complaint under Appendix C shall be consistent with the substance and/or stage of said application or complaint. Such statements, including statements concerning disciplinary sanctions imposed under Appendix C, shall be made by the University only on a "need-to-know" basis. However, arbitration reports issued in consequence of actions under Appendix C constitute public documents.
I.2.4.8 If the Xxxxxxx decides under section 9.10 of Appendix C not to proceed against a member who is a respondent, or if an arbitration decides in favour of such a member, the University shall remove all documentation relating to the complaint from the member's personnel files and, except for arbitration reports which shall be retained, shall at the discretion of that member destroy the documentation or transfer it to that member.
I.2.4.9 Records of disciplinary sanctions imposed on a member under Appendix C which are confined to a warning or reprimand shall be removed from the member's personnel files after a period of three (3) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Records of disciplinary sanctions under Appendix C, more serious than a warning or reprimand, shall be removed from the member's personnel files after a period of five (5) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Documents which are so removed shall be maintained in a separate file in the Office of the appropriate Xxxx/ University Librarian, with access on a "need-to-know" basis and only in the context of personnel/employment decisions involving disciplinary action. Notice of access shall be provided to the member and to the Association.
I.2.4.10 The University shall make every reasonable effort to protect members from undue jeopardy attaching to performance of their duties. Undue jeopardy may arise from trivial, frivolous, vexatious or bad-faith allegations under Appendix C. The University and the Association shall assist a member in applying whatever legal remedies exist if harassment of the member continues after a complaint has been upheld and disciplinary action has been taken under Appendix C.
I.2.4.11 The Human Rights Advisor shall compile an annual report about applications for assistance and complaints under Appendix C. This report shall be as full as requirements of confidentiality under Appendix C permit and shall be made available to the University community.
Appears in 1 contract
Samples: Collective Agreement
Discrimination and Harassment. I.2.4.1 7.01 The parties agree Employer and the Union are committed to a working and learning environment that there allows for full and free participation of all members of the institutional community. Discrimination against and harassment of individuals, whether as members of any recognizable group or otherwise, undermine these objectives and violate the fundamental rights, personal dignity and integrity of individuals or groups of individuals.
7.02 Consistent with the Ontario Human Rights Code, the Parties acknowledge that the University has a duty to accommodate and the Union has an obligation to assist in that accommodation. In situations where an Employee requires an accommodation, the University, the Union and the Employee shall make every reasonable effort to reach the required resolution.
7.03 There shall be no discrimination, interference, restriction or coercion exercised against or practised by either any Employee regarding any term or condition of them with respect to employment, nor shall any member discrimination be exercised against or by Employees in regard to any matter including salariesthe course of carrying out their duties, rank, appointment, promotion, tenure, permanency, re-appointment, dismissal, sabbatical leave, fringe benefits, or any other terms and conditions of employment by reason of age of:
(except as required by statute or the retirement provisions of the Trent University Pension Plan), a) race, language (except where the lack of language competence would clearly prevent the carrying out of the required duties), creed, colourcolor, ancestry, place of birth, ethnic or national origin, place of origin citizenship; or
(birth place)b) creed, citizenship, religious or political or religious affiliation or belief, belief or practice; or
(c) sex, pregnancy, sexual orientation, gender identity or expression, physical attributes, marital status, or family status, number ; or
(d) age; or
(e) physical or mental illness or disability; or
(f) place of dependents, clerical residence; or
(g) record of offences for which a pardon has been granted; or
(h) membership or lay status, disability (except where participation in the disability would clearly prevent Union.
7.04 This Article shall not infringe upon the carrying out implementation of special programs designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity. Harassment
7.05 There shall be no Harassment or Sexual Harassment exercised against or by any Employee.
7.06 Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment may be related to one or more of the required duties)prohibited grounds of discrimination under Article 7.03. Harassment includes sexual harassment, place of residence (except where place of residence at such distance from the University significantly restricts members from carrying out their duties and responsibilities), or membership or activity in the Association or other legal associations. The parties are committed to providing equal treatment with respect to employment without discrimination as required by the Ontario Human Rights Code. The University is committed to meeting the requirements of the Ontarians with Disabilities Act to address a workplace free of barriers.
I.2.4.2 Measures implemented by the parties under the Collective Agreement, in relation to the University's Employment Equity program, are not intended by the parties to be discriminatory within the meaning of I.2.4 or under the relevant provisions of the Ontario Human Rights Code. Where necessary and as appropriate, in relation to such measures, the parties will work together to achieve "Special Program" status under the Ontario Human Rights Code.
I.2.4.3 The parties agree that personal harassment, and discrimination falling under the jurisdiction workplace harassment. Harassment is a serious offence that may be cause for disciplinary sanctions including, where appropriate, dismissal.
7.07 Sexual Harassment includes comment or conduct of the "Discrimination a sexual nature such as, but not limited to, sexual assault, verbal abuse or threats, unwelcome sexual invitations or requests, demands for sexual favours or unwelcome innuendo or taunting about a person’s body, physical appearance, sexual orientation or gender expression, and Harassment Policy"includes situations where:
(a) submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment; or
(b) submission to such conduct by an individual is used as a basis for employment, shall be subject to the provisions of Appendix D. Nothing in this Article or in Appendix D is intended to inhibit consensual social relationships, freedom of expression for academic advancement; or
(c) such conduct interferes with an individual’s work or academic freedom of any member. Nothing in this Article performance; or
(d) such conduct creates an intimidating, hostile or in Appendix D is intended to limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints offensive working or conducting job performance appraisals. Nothing in this Article or in Appendix D is intended to restrict or inhibit a member's right to file a complaint with the Ontario Human Rights Commission. Nothing in this Article or in Appendix D is intended to restrict the role of the Association or its representatives in responding to the concerns of members. Nothing in this Article or in Appendix D is intended to limit access to the grievance and arbitration process under the Collective Agreement in connection with discrimination, interference, restriction, or coercion under I.2.4.1. Nothing in this Article or in Appendix D is intended to restrict the action(s) of the University in responding to substantiated instances of harassment or discrimination.
I.2.4.4 Where a member applying for assistance or making a complaint under Appendix D is in contact with the subject of the application or the respondent by virtue of teaching, employment or other institutional relationships, and where such a member has reasonable grounds to believe that there is a threat to his/her physical health, safety or security, the member may, upon notification to the Xxxxxxx and Vice President Academic, discontinue such contact with the subject of the application or the respondent pending the disposition of the matter under Appendix D or the institution of other appropriate arrangements. In the event that such discontinuance of contact significantly reduces the workload either of the said member or of a member who is the subject of the application or the respondent, the Xxxxxxx and Vice President Academic, in consultation with the Xxxx/University Librarian may assign other duties as deemed necessary.
I.2.4.5 When the Xxxxxxx and Vice President Academic notifies a member that disciplinary sanctions are to be imposed on the member under section 9.10 of Appendix D, a copy of the written notification shall be sent at the same time to the Association.
I.2.4.6 A grievance arising out of the imposition of a disciplinary sanction under Appendix D must be filed by the Association in accordance with the timelines laid out in IX.3. Such a grievance may be referred directly to Step Three of the grievance process as outlined in IX.academic
Appears in 1 contract
Samples: Collective Agreement
