Formal Complaint. (1) The employee shall file a complaint to the Associate Vice President, Human Resources, or designate, who will arrange to have the complaint investigated and assessed by a mutually acceptable investigator, based on the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence. (i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence. (ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) calendar days of the latest alleged occurrence. (2) A Formal Complaint must specify the details of the allegation(s) including: (i) name, classification and work location of the respondent; (ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment; (iii) the specific remedy sought to satisfy the complaint; (iv) date(s) of incident(s); (v) name(s) of witness(es), if any; (vi) description of prior attempts to resolve the matter, if any. (3) Upon receipt of the written complaint, the Associate Vice President, Human Resources, or designate shall notify the union area office staff representative and the bargaining unit Chairperson in writing. (4) The Associate Vice President, Human Resources, or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month of the Associate Vice President, Human Resources, or designate receiving the written complaint. (5) The Associate Vice President, Human Resources, or designate may request an extension for the investigation period from the union area office staff representative or bargaining unit Chairperson. Extensions will not be withheld unreasonably. (6) The Associate Vice President, Human Resources, or designate will inform the Complainant that he/she has the option of having a xxxxxxx present as an observer at the meeting(s) at which the Complainant is present. (7) The Associate Vice President, Human Resources, or designate will inform the Respondent that he/she has the option of having a different xxxxxxx present as an observer at the meeting(s) at which the Respondent is present. (8) Pending determination of the complaint, the Associate Vice President, Human Resources, or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary. (9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred. (10) The Associate Vice President, Human Resources, or designate may: (i) make findings of fact; (ii) decide if the facts constitute harassment; (iii) attempt to mediate a resolve; (iv) if harassment has occurred, recommend administrative action to the President; (v) dismiss the complaint. (11) The Associate Vice President, Human Resources, or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation. (12) The union area office staff representative, the bargaining unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken. (13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitration. The time limits and procedures as specified under Article 10 will apply. (14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, which may include discipline.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice President, Human Resources, or designate, who will arrange to have the complaint investigated and assessed by a mutually acceptable investigator, based on the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) 30 calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice President, Human Resources, or designate shall notify the union area office staff representative and the bargaining unit Chairperson in writing.
(4) The Associate Vice President, Human Resources, or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month of the Associate Vice President, Human Resources, or designate receiving the written complaint.
(5) The Associate Vice President, Human Resources, or designate may request an extension for the investigation period from the union area office staff representative or bargaining unit Chairperson. Extensions will not be withheld unreasonably.
(6) The Associate Vice President, Human Resources, or designate will inform the Complainant that he/she has they have the option of having a xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice President, Human Resources, or designate will inform the Respondent that he/she has they have the option of having a different xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice President, Human Resources, or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice President, Human Resources, or designate may:
(i) make findings of fact;fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;
(v) dismiss the complaint.
(11) The Associate Vice President, Human Resources, or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representative, the bargaining unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitration. The time limits and procedures as specified under Article 10 will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, which may include discipline.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice Vice-President, Human Resources, College Development or a mutually agreed designate*, who will arrange to have the complaint investigated investigate and assessed by a mutually acceptable investigator, based on assess the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of has been committed by the Respondent shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice President, Human Resources, Vice-President or designate shall notify the union area office staff representative Union Area Office Staff Representative and the bargaining unit Bargaining Unit Chairperson in writing.
(4) The Associate Vice President, Human Resources, Vice-President or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month eight (8) working days of the Associate Vice President, Human Resources, or designate Vice-President receiving the written complaint.
(5) The Associate Vice President, Human Resources, Vice-President or designate may request an extension for the investigation period from the union area office staff representative Union Area Office Staff Representative or bargaining unit Bargaining Unit Chairperson. Extensions will not The extension if granted shall not, in any event, be withheld unreasonablylonger than five (5) working days.
(6) The Associate Vice President, Human Resources, Vice-President or designate will inform the Complainant that he/she has the option of having a xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice President, Human Resources, Vice-President or designate will inform the Respondent that he/she has the option of having a different xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice President, Human Resources, Vice-President or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice President, Human Resources, Vice-President or designate may:
(i) make findings of fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;
(v) dismiss the complaint.
(11) The Associate Vice President, Human Resources, Vice-President or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representativeUnion Area Office Staff Representative, the bargaining unit Bargaining Unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitrationArbitration. The time limits and procedures as specified under Article 10 will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, action which may include discipline. * The mutually agreed-upon designates are: Xxx Xxxxxxxx, Xx Xxxxxxxx, Xxx Xxxxx and Xxxxx Xxxxx.
Appears in 1 contract
Samples: Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice President, Human Resources, or designate, who will arrange to have the complaint investigated and assessed by a mutually acceptable investigator, based on the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) 30 calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice President, Human Resources, or designate shall notify the union area office staff representative and the bargaining unit Chairperson in writing.
(4) The Associate Vice President, Human Resources, or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month of the Associate Vice President, Human Resources, or designate receiving the written complaint.
(5) The Associate Vice President, Human Resources, or designate may request an extension for the investigation period from the union area office staff representative or bargaining unit Chairperson. Extensions will not be withheld unreasonably.
(6) The Associate Vice President, Human Resources, or designate will inform the Complainant that he/she has they have the option of having a xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice President, Human Resources, or designate will inform the Respondent that he/she has they have the option of having a different xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice President, Human Resources, or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice President, Human Resources, or designate may:
(i) make findings of fact;fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;
(v) dismiss the complaint.
(11) The Associate Vice President, Human Resources, or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representative, the bargaining unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitration. The time limits and procedures as specified under Article 10 (Grievances) will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, which may include discipline.
Appears in 1 contract
Samples: Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice PresidentDirector, Human Resources, or designateEmployee Relations, who will arrange to have the complaint investigated and assessed by a mutually acceptable investigator, based on the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice PresidentDirector, Human Resources, or designate Employee Relations and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice PresidentDirector, Human Resources, Employee Relations or designate shall notify the union area office staff representative and the bargaining unit Chairperson in writing.
(4) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month of the Associate Vice PresidentDirector, Human Resources, or designate Employee Relations receiving the written complaint.
(5) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate may request an extension for the investigation period from the union area office staff representative or bargaining unit Chairperson. Extensions will not be withheld unreasonably.
(6) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate will inform the Complainant that he/she has the option of having a xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate will inform the Respondent that he/she has the option of having a different xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice PresidentDirector, Human Resources, Employee Relations or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate may:
(i) make findings of fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;President;
(v) dismiss the complaint.
(11) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representative, the bargaining unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitration. The time limits and procedures as specified under Article 10 will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, which may include discipline.
Appears in 1 contract
Samples: Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice Vice-President, Human Resources, Employee Relations or a mutually agreed designate*, who will arrange to have the complaint investigated investigate and assessed by a mutually acceptable investigator, based on assess the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice Vice-President, Human Resources, Employee Relations or designate shall notify the union area office staff representative Union Area Office Staff Representative and the bargaining unit Bargaining Unit Chairperson in writing.
(4) The Associate Vice Vice-President, Human Resources, Employee Relations or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month eight (8) working days of the Associate Vice Vice-President, Human Resources, or designate Employee Relations receiving the written complaint.
(5) The Associate Vice Vice-President, Human Resources, Employee Relations or designate may request an extension for the investigation period from the union area office staff representative Union Area Office Staff Representative or bargaining unit Bargaining Unit Chairperson. Extensions will not The extension if granted shall not, in any event, be withheld unreasonablylonger than five (5) working days.
(6) The Associate Vice Vice-President, Human Resources, Employee Relations or designate will inform the Complainant that he/she has the option of having a xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice Vice-President, Human Resources, Employee Relations or designate will inform the Respondent that he/she has the option of having a different xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice Vice-President, Human Resources, Employee Relations or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice Vice-President, Human Resources, Employee Relations or designate may:
(i) make findings of fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;
(v) dismiss the complaint.
(11) The Associate Vice Vice-President, Human Resources, Employee Relations or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representativeUnion Area Office Staff Representative, the bargaining unit Bargaining Unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitrationArbitration. The time limits and procedures as specified under Article 10 will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, which may include discipline.
Appears in 1 contract
Samples: Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice PresidentDirector, Human Resources, or designateEmployee Relations, who will arrange to have the complaint investigated and assessed by a mutually acceptable investigator, based on the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice PresidentDirector, Human Resources, or designate Employee Relations and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice PresidentDirector, Human Resources, Employee Relations or designate shall notify the union area office staff representative and the bargaining unit Chairperson in writing.
(4) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month of the Associate Vice PresidentDirector, Human Resources, or designate Employee Relations receiving the written complaint.
(5) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate may request an extension for the investigation period from the union area office staff representative or bargaining unit Chairperson. Extensions will not be withheld unreasonably.
(6) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate will inform the Complainant that he/she has the option of having a xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate will inform the Respondent that he/she has the option of having a different xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice PresidentDirector, Human Resources, Employee Relations or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate may:
(i) make findings of fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;
(v) dismiss the complaint.
(11) The Associate Vice PresidentDirector, Human Resources, Employee Relations or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representative, the bargaining unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitration. The time limits and procedures as specified under Article 10 will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, which may include discipline.
Appears in 1 contract
Samples: Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice Vice-President, Human Resources, College Development or a mutually agreed designate*, who will arrange to have the complaint investigated investigate and assessed by a mutually acceptable investigator, based on assess the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of has been committed by the Respondent shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice President, Human Resources, Vice-President or designate shall notify the union area office staff representative Union Area Office Staff Representative and the bargaining unit Bargaining Unit Chairperson in writing.
(4) The Associate Vice President, Human Resources, Vice-President or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month eight (8) working days of the Associate Vice President, Human Resources, or designate Vice-President receiving the written complaint.
(5) The Associate Vice President, Human Resources, Vice-President or designate may request an extension for the investigation period from the union area office staff representative Union Area Office Staff Representative or bargaining unit Bargaining Unit Chairperson. Extensions will not The extension if granted shall not, in any event, be withheld unreasonablylonger than five (5) working days.
(6) The Associate Vice President, Human Resources, Vice-President or designate will inform the Complainant that he/she has the option of having a xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice President, Human Resources, Vice-President or designate will inform the Respondent that he/she has the option of having a different xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice President, Human Resources, Vice-President or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice President, Human Resources, Vice-President or designate may:
(i) make findings of fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;
(v) dismiss the complaint.
(11) The Associate Vice President, Human Resources, Vice-President or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representative, Union Area Office Staff Representative,the bargaining unit Bargaining Unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitrationArbitration. The time limits and procedures as specified under Article 10 will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, action which may include discipline. * The mutually agreed-upon designates are: Xxx Xxxxxxxx, Xx Xxxxxxxx, Xxx Xxxxx and Xxxxx Xxxxx.
Appears in 1 contract
Samples: Collective Agreement
Formal Complaint. (1) The employee shall file a complaint to the Associate Vice Vice-President, Human Resources, Employee Relations or a mutually agreed designate*, who will arrange to have the complaint investigated investigate and assessed by a mutually acceptable investigator, based on assess the factual evidence arising from the complaint. The investigator will be chosen by the Associate Vice President, Human Resources, or designate and the union area staff representative. The investigator will adhere to the principles of due process in carrying out the investigation. The proof that the Respondent has committed the harassment complained of shall be clear and convincing evidence.
(i) For sexual harassment the complaint must be submitted in writing within six (6) months of the latest alleged occurrence.
(ii) For personal harassment based upon discriminatory grounds, the complaint must be submitted in writing within thirty (30) calendar days of the latest alleged occurrence.
(2) A Formal Complaint must specify the details of the allegation(s) including:
(i) name, classification and work location of the respondent;
(ii) a detailed description of the specific action(s), conduct, event(s) or circumstance(s) which constitute harassment;
(iii) the specific remedy sought to satisfy the complaint;
(iv) date(s) of incident(s);
(v) name(s) of witness(es), if any;
(vi) description of prior attempts to resolve the matter, if any.
(3) Upon receipt of the written complaint, the Associate Vice Vice-President, Human Resources, Employee Relations or designate shall notify the union area office staff representative Union Area Office Staff Representative and the bargaining unit Bargaining Unit Chairperson in writing.
(4) The Associate Vice Vice-President, Human Resources, Employee Relations or designate will investigate and assess the complaint based on the facts, employing the concept of due process. The investigation must be concluded within one month eight (8) working days of the Associate Vice Vice-President, Human Resources, or designate Employee Relations receiving the written complaint.
(5) The Associate Vice Vice-President, Human Resources, Employee Relations or designate may request an extension for the investigation period from the union area office staff representative Union Area Office Staff Representative or bargaining unit Bargaining Unit Chairperson. Extensions will not The extension if granted shall not, in any event, be withheld unreasonablylonger than five (5) working days.
(6) The Associate Vice Vice-President, Human Resources, Employee Relations or designate will inform the Complainant that he/she has the option of having a xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Complainant is present.
(7) The Associate Vice Vice-President, Human Resources, Employee Relations or designate will inform the Respondent that he/she has the option of having a different xxxxxxx Xxxxxxx present as an observer at the meeting(s) at which the Respondent is present.
(8) Pending determination of the complaint, the Associate Vice Vice-President, Human Resources, Employee Relations or designate who is investigating may take interim measures to separate the employees concerned if deemed necessary.
(9) In cases where a finding of harassment may result in the transfer of an employee, normally, it shall be the Respondent who is transferred, except where the Complainant requests to be transferred.
(10) The Associate Vice Vice-President, Human Resources, Employee Relations or designate may:
(i) make findings of fact;
(ii) decide if the facts constitute harassment;
(iii) attempt to mediate a resolve;
(iv) if harassment has occurred, recommend administrative action to the President;
(v) dismiss the complaint.
(11) The Associate Vice Vice-President, Human Resources, Employee Relations or designate, who has investigated and assessed the facts as they relate to the incident(s), shall complete a written report to the President within five (5) working days of completion of the investigation.
(12) The union area office staff representativeUnion Area Office Staff Representative, the bargaining unit Bargaining Unit Chairperson, the Complainant and the Respondent shall be apprised in writing of the recommendation(s) and/or action(s) to be taken.
(13) Where the Complainant is not satisfied with the final disposition, the Complainant may grieve at any step of the Grievance Procedure up to and including arbitrationArbitration. The time limits and procedures as specified under Article 10 will apply.
(14) Where the complaint is determined to be frivolous or vindictive in nature, the College will take appropriate action, which may include discipline. * The mutually agreed-upon designates are: Xxx Xxxxxxxx, Xxxxx Xxxxxx, Xxx Xxxxx and Xxxxx Xxxxx.
Appears in 1 contract
Samples: Collective Agreement
