Common use of Harassment and Discrimination Contrary to Human Rights Clause in Contracts

Harassment and Discrimination Contrary to Human Rights. 21.3.1 The Parties consider harassment as described in the University’s Harassment/Discrimination Complaint Policy and Procedure (the “Policy”) to be a serious offence which violates fundamental human rights, personal dignity and integrity. 21.3.2 This section applies to any Member who either elects to proceed by a complaint (the “Complainant”) under the Policy as per Article 21.1.2, or is named as a respondent (the “Respondent”) to a complaint made under the Policy. 21.3.3 Except as hereinafter provided, the Policy applies to all Members. Amendments to the Policy during the term of this Agreement shall only apply to Members with the consent of the Association. 21.3.4 The Respondent to a complaint made under the Policy is bound by the provisions of the Policy until such time as a formal hearing has been completed and a sanction, if any, has been imposed on the Respondent pursuant to the provisions of the Policy. 21.3.5 The Respondent may either appeal the finding of harassment/discrimination and/or the sanction determined by the Harassment/Discrimination Complaint Board pursuant to the appeal procedures set out in the Policy or pursuant to the provisions of the grievance procedure in Article 19. The Respondent shall, within ten (10) working days of the final disposition of the matter by the Harassment/Discrimination Complaint Board, advise the Secretary of the University in writing that he/she wishes to appeal under the Policy or grieve under this Collective Agreement the decision of the Harassment/Discrimination Complaint Board as to responsibility and/or sanction. 21.3.6 In the event that a Complainant seeks to appeal the decision of the Harassment/Discrimination Complaint Board as to responsibility and/or sanction, the appeal or grievance of the Respondent shall be held in abeyance pending the conclusion of the Complainant’s appeal. 21.3.7 Within ten (10) working days following the disposition of the Complainant’s appeal, if any, or of the Respondent’s notice to the Secretary of the University pursuant to Article 21.3.5, of a Notice of Appeal, the Respondent shall consult with the Association to determine whether the Association will support a grievance in respect of the finding of responsibility and/or sanction. Within ten (10) working days of the initiation of consultation with the Association, the Respondent shall advise the Secretary of the University whether the Respondent wishes to continue with the appeal procedure under the Policy or pursue a grievance under the provisions of this Agreement. It is understood that the Respondent must choose one (1) procedure or the other in totality. It is further understood that no grievance may be processed to arbitration without the consent and support of the Association pursuant to Article 19. 21.3.8 In the event that a grievance is pursued with respect to the issue of responsibility and/or sanction, the matter shall be dealt with de novo and no regard shall be had either in the grievance procedure or before the arbitrator to the evidence and arguments before the Harassment/Discrimination Complaint Board. In the event that the grievance is filed with respect to the sanction only, the Parties shall rely on the written statement of reasons produced by the Harassment/Discrimination Complaint Board pursuant to the Policy. The Parties may, however, adduce any evidence and make any additional arguments in respect of the appropriate sanction to be imposed. 21.3.9 The arbitrator shall have full authority to make any determination with respect to fact and law that the arbitrator deems to be necessary and appropriate and to substitute for any sanction ordered by the Harassment/Discrimination Complaint Board, that which the arbitrator determines to be just and equitable in the circumstances. 21.3.10 At any arbitration proceeding, a complainant who is a Member is entitled to attend as an observer throughout the hearing and may make a final submission on the evidence personally or through counsel. This Complainant may, with the permission of the arbitrator, adduce relevant evidence in addition to that which has been adduced by the Parties if the arbitrator concludes that such evidence will assist the disposition of the matter. 21.3.11 In the event that a complaint against the Respondent is upheld following the hearing, and the University takes disciplinary action against the Respondent, a record of the disciplinary action shall be placed in the Respondent’s Official File. In addition, all documents relating to the complaint shall be kept confidential by the Human Rights Office. 21.3.12 In the event that the complaint against the Respondent is not upheld, which here shall mean that there is no finding of harassment or other misconduct by the Respondent, no reference shall be placed or retained in the Respondent’s Official File and no regard may be had to the fact of the complaint in any proceeding or in any other consideration of rights, privileges or benefits of the Respondent. In the case of such an outcome, any documents in the possession of the University relating to the complaint shall be destroyed six (6) months after the release of the decision except that a copy of the decision shall be retained by the Human Rights Office to be used only for statistical or archival purposes. The decision shall be kept confidential. 21.3.13 In the event of a conflict between this Agreement and the Policy, this Agreement shall take precedence.

Harassment and Discrimination Contrary to Human Rights. 21.3.1 The Parties consider harassment as described in the University’s Harassment/Discrimination Complaint Policy and Procedure (the “Policy”) to be a serious offence which violates fundamental human rights, personal dignity and integrity. 21.3.2 . This section applies to any Member who either elects to proceed by a complaint (the “Complainant”) under the Policy as per Article 21.1.2, or is named as a respondent (the “Respondent”) to a complaint made under the Policy. 21.3.3 21.3.2 Except as hereinafter provided, the Policy applies to all Members. Amendments to the Policy during the term of this Agreement shall only apply to Members with the consent of the Association. 21.3.4 21.3.3 A Member who is a respondent The Respondent to a complaint made under the Policy (the “Respondent”) is bound by the provisions of the Policy until such time as a formal hearing has been completed and a sanction, if any, has been imposed on the Respondent pursuant to the provisions of the Policy. 21.3.5 21.3.4 The Respondent may either appeal the finding of harassment/discrimination and/or the sanction determined by the Harassment/Discrimination Complaint Board in accordance with pursuant to the appeal procedures set out in the Policy or pursuant to the provisions of the grievance procedure in Article 19. The Respondent shall, within ten (10) working days of the final disposition of the matter by the Harassment/Discrimination Complaint Board, advise the Secretary of the University in writing that he/she wishes to appeal under the Policy or grieve under this Collective Agreement the decision of the Harassment/Discrimination Complaint Board as to responsibility and/or sanction. 21.3.6 21.3.5 In the event that a Complainant Ccomplainant seeks to appeal the decision of the Harassment/Discrimination Complaint Board as to responsibility and/or sanction, the appeal or grievance of the Respondent shall be held in abeyance pending the conclusion of the ComplainantCcomplainant’s appeal. 21.3.7 21.3.6 Within ten (10) working days following the disposition of the ComplainantCcomplainant’s appeal, if any, or of the Respondent’s notice to the Secretary of the University pursuant to Article 21.3.521.3.4, of a Notice of Appeal, the Respondent shall consult with the Association to determine whether the Association will support a grievance in respect of the finding of responsibility and/or sanction. Within ten (10) working days of the initiation of consultation with the Association, the Respondent shall advise the Secretary of the University whether the Respondent wishes to continue with the appeal procedure under the Policy or pursue a grievance under the provisions of this Agreement. It is understood that the Respondent must choose one (1) procedure or the other in totality. It is further understood that no grievance may be processed to arbitration without the consent and support of the Association pursuant to Article 19. 21.3.8 21.3.7 In the event that a grievance is pursued with respect to the issue of responsibility and/or sanction, the matter shall be dealt with de novo and no regard shall be had either in the grievance procedure or before the arbitrator to the evidence and arguments before the Harassment/Discrimination Complaint Board. In the event that the grievance is filed with respect to the sanction only, the Parties shall rely on the written statement of reasons produced by the Harassment/Discrimination Complaint Board pursuant to the Policy. The Parties may, however, adduce any evidence and make any additional arguments in respect of the appropriate sanction to be imposed. 21.3.9 21.3.8 The arbitrator shall have full authority to make any determination with respect to fact and law that the arbitrator deems to be necessary and appropriate and to substitute for any sanction ordered by the Harassment/Discrimination Complaint Board, that which the arbitrator determines to be just and equitable in the circumstances. 21.3.10 21.3.9 At any arbitration proceeding, a complainant who is a Member is entitled to attend as an observer throughout the hearing and may make a final submission on the evidence personally or through counsel. This Complainant Ccomplainant may, with the permission of the arbitrator, adduce relevant evidence in addition to that which has been adduced by the Parties if the arbitrator concludes that such evidence will assist the disposition of the matter. 21.3.11 21.3.10 In the event that a complaint against the Respondent is upheld following the hearing, and the University takes disciplinary action against the Respondent, a record of the disciplinary action shall be placed in the Respondent’s Official File. In addition, all documents relating to the complaint shall be kept confidential by the Human Rights Office. 21.3.12 21.3.11 In the event that the complaint against the Respondent is not upheld, which here shall mean that there is no finding of harassment or other misconduct by the Respondent, no reference shall be placed or retained in the Respondent’s Official File and no regard may be had to the fact of the complaint in any proceeding or in any other consideration of rights, privileges or benefits of the Respondent. In the case of such an outcome, any documents in the possession of the University relating to the complaint shall be destroyed six (6) months after the release of the decision except that a copy of the decision shall be retained by the Human Rights Office to be used only for statistical or archival purposes. The decision shall be kept confidential. 21.3.13 21.3.12 In the event of a conflict between this Agreement and the Policy, this Agreement shall take precedence.

Harassment and Discrimination Contrary to Human Rights. 21.3.1 The Parties consider harassment as described in the University’s Harassment/Discrimination Complaint Policy and Procedure (the “Policy”) to be a serious offence which violates fundamental human rights, personal dignity and integrity. 21.3.2 This section applies to any Member who either elects to proceed by a complaint (the “Complainant”) under the Policy as per Article 21.1.2, or is named as a respondent (the “Respondent”) to a complaint made under the Policy. 21.3.3 Except as hereinafter provided, the Policy applies to all Members. Amendments There shall be no amendments to the Policy insofar as it applies to the Members during the term of this Agreement shall only apply to Members with without the consent of the Association. 21.3.4 The Respondent to a complaint made under the Policy 21.3.3 A Member is bound by the provisions of the Policy until such time as a formal hearing has been completed and a sanction, if any, has been imposed on the Respondent Member pursuant to the provisions of the Policy. 21.3.5 21.3.4 The Respondent Member may either appeal the finding of harassment/discrimination and/or the sanction determined by the Harassment/Discrimination Complaint Board pursuant to in accordance with the appeal procedures set out in the Policy or pursuant to the provisions of the grievance procedure in Article 19. . 21.3.5 The Respondent Member shall, within ten (10) working days of the final disposition of the matter by the Harassment/Discrimination Complaint BoardBoard as set out in the Policy, advise the Secretary of the University in writing that he/she the Member wishes to appeal under the Policy or and/or grieve under this Collective Agreement the decision of the Harassment/Discrimination Complaint Board as to responsibility and/or sanction. 21.3.6 . In the event that a Complainant seeks to appeal the decision of the Harassment/Discrimination Complaint Board as to responsibility and/or sanction, the rights of appeal or grievance of the Respondent respondent Member shall be held in abeyance pending the conclusion of the Complainantcomplainant’s appeal. 21.3.7 Within ten (10) working days following 21.3.6 Following the disposition of the Complainantcomplainant’s appeal, if any, or of the Respondent’s notice to filing by the Secretary of the University pursuant to Article 21.3.5, respondent of a Notice of Appeal, the Respondent respondent shall consult with the Association to determine whether the Association will support a grievance in respect of the finding of responsibility and/or sanction. Within ten (10) working days of the initiation of consultation with the Association, the Respondent Member shall advise the Secretary of the University whether the Respondent Member wishes to continue with the appeal procedure under the Policy or pursue a grievance under the provisions of this Agreement. It is understood that the Respondent Member must choose one (1) procedure or the other in totality. It is further understood that no grievance may be processed to arbitration without the consent and support of the Association pursuant to Article 19. 21.3.8 21.3.7 In the event that a grievance is pursued with respect to the issue of responsibility and/or sanction, the matter shall be dealt with de novo and no regard shall be had either in the grievance procedure or before the arbitrator to the evidence and arguments before the Harassment/Discrimination Complaint Board. In the event that the grievance is filed with respect to the sanction only, the Parties shall rely on the written statement of reasons produced by the Harassment/Discrimination Complaint Board pursuant to the Policy. The Parties may, however, adduce any evidence and make any additional arguments in respect of the appropriate sanction to be imposed. 21.3.9 21.3.8 The arbitrator shall have full authority to make any determination with respect to fact and law that the arbitrator deems to be necessary and appropriate and to substitute for any sanction ordered by the Harassment/Discrimination Complaint Board, Board that which the arbitrator determines to be just and equitable in the circumstances. 21.3.10 21.3.9 At any arbitration proceeding, a complainant who is a Member is entitled to attend as an observer throughout the hearing and may make a final submission on the evidence personally or through counsel. This Complainant complainant may, with the permission of the arbitrator, adduce relevant evidence in addition to that which has been adduced by the Parties if the arbitrator concludes that such evidence will assist the disposition of the matter. 21.3.11 21.3.10 In the event that a complaint against the Respondent Member is upheld following the hearing, and the University takes disciplinary action against the RespondentMember, a record of the disciplinary action shall be placed in the RespondentMember’s Official File. In addition, all documents relating to the complaint shall be kept confidential by the Human Rights Office. 21.3.12 21.3.11 In the event that the complaint against the Respondent a Member is not upheld, which here shall mean that there is no finding of harassment or other misconduct by the RespondentMember, no reference shall be placed or retained in the RespondentMember’s Official File and no regard may be had to the fact of the complaint in any proceeding or in any other consideration of rights, privileges or benefits of the RespondentMember. In the case of such an outcome, any documents in the possession of the University relating to the complaint shall be destroyed six (6) months after the release of the decision except that a copy of the decision shall be retained by the Human Rights Office to be used only for statistical or archival purposes. The decision shall be kept confidential. 21.3.12 In all dealings with the University on matters of harassment, Members, whether complainants, respondents or witnesses, have the right to be represented or accompanied by someone of the Member’s choosing; at the Member’s option this may be someone appointed by the Association. 21.3.13 In the event of a conflict between this Agreement and the Policy, this Agreement shall take precedence.