Common use of HARASSMENT AND SEXUAL HARASSMENT Clause in Contracts

HARASSMENT AND SEXUAL HARASSMENT. ‌ 7.01 The Union and the University recognize that every employee is entitled to work in a climate that is free from harassment and sexual harassment. The parties will collaborate to prevent situations of harassment or sexual harassment by implementing measures to inform and raise awareness on these issues. 7.02 Harassment is any improper conduct, comment or display directed at an employee that is unwarranted, unsolicited and unwelcome and that might reasonably be expected to cause offence, ridicule, humiliation or that might reasonably be perceived as compromising an employee's right to fair, safe, and reasonable work conditions or right to dignity. 7.03 Harassment also includes the abuse of authority or the improper use of power that may undermine an employee's job performance. It may include such acts as intimidation, threats, blackmail, or coercion. 7.04 Sexual harassment is any conduct, comment, gesture or physical contact of a sexual nature or implied sexual nature, directed at an employee, that is unwarranted, unsolicited, and unwelcome and that might reasonably be expected to cause offence, ridicule, humiliation or that might reasonably be perceived as compromising an employee's right to fair, safe and reasonable working conditions, or right to dignity. 7.05 The University has the responsibility to investigate and, if necessary, to intervene to ensure all steps are taken to end any harassment or sexual harassment of which it is aware, whether there is a complaint or not. 7.06 The present article does not limit the authority of the persons responsible for supervision in fields such as performance appraisals, labour relations and the implementation of disciplinary measures. 7.07 Procedure to receive and handle complaints a) The Union will appoint a member and the University will appoint an individual trained in this field to receive and address complaints of harassment or sexual harassment. b) An employee may lodge a complaint with the union appointee or the University appointee who will immediately inform the other party. c) Complaints should be lodged as soon as possible, but no later than within nine

HARASSMENT AND SEXUAL HARASSMENT. ‌ 7.01 The Union and the University recognize that every employee is entitled to work in a climate that is free from harassment and sexual harassment. The parties will collaborate to prevent situations of harassment or sexual harassment by implementing measures to inform and raise awareness on these issues. 7.02 Harassment is any improper conduct, comment or display directed at an employee that is unwarranted, unsolicited and unwelcome and that might reasonably be expected to cause offence, ridicule, humiliation or that might reasonably be perceived as compromising an employee's right to fair, safe, and reasonable work conditions or right to dignity. 7.03 Harassment also includes the abuse of authority or the improper use of power that may undermine an employee's job performance. It may include such acts as intimidation, threats, blackmail, or coercion. 7.04 Sexual harassment is any conduct, comment, gesture or physical contact of a sexual nature or implied sexual nature, directed at an employee, that is unwarranted, unsolicited, and unwelcome and that might reasonably be expected to cause offence, ridicule, humiliation or that might reasonably be perceived as compromising an employee's right to fair, safe and reasonable working conditions, or right to dignity. 7.05 The University has the responsibility to investigate and, if necessary, to intervene to ensure all steps are taken to end any harassment or sexual harassment of which it is aware, whether there is a complaint or not. 7.06 The present article does not limit the authority of the persons responsible for supervision in fields such as performance appraisals, labour relations and the implementation of disciplinary measures. 7.07 Procedure to receive and handle complaints a) The Union will appoint a member and the University will appoint an individual trained in this field to receive and address complaints of harassment or sexual harassment. b) An employee may lodge a complaint with the union appointee or the University appointee who will immediately inform the other party. c) Complaints should be lodged as soon as possible, but no later than within ninetwo (2) years of the alleged incident or its discovery. d) In cases of conflict between union members, the Union will appoint an additional person to act on behalf of the employee against whom the complaint is made. e) Upon receipt of the complaint, the appointees will decide how to handle the complaint and inform the employee of such a decision which may include a recommendation to the appropriate authority to remove the said employee from his/her position without loss of salary or privileges, or to reassign her/him until the investigation commences and a solution is proposed and implemented. f) In the event that no solution is found to the satisfaction of the employee making the complaint, this employee has recourse to the grievance procedure in accordance with Article 12. The time limits under the grievance procedure will date from the point the employee is informed, in writing by the appointees, that no solution has been found. 7.08 Both parties agree that confidentiality must be maintained regarding all information concerning a complaint. 7.09 In the event that a complaint of harassment or sexual harassment is filed and is subsequently found, through the complaint or grievance procedure, to have some foundation, the employee who filed the complaint will not in any way be penalized or suffer reprisals. In the event that a complaint of harassment or sexual harassment is filed and is subsequently found, through the complaint or grievance procedure, not to have some foundation, the University will remove all records of said complaint from the files of the employee who was the object of the complaint. 7.10 The union appointee, after having informed his/her immediate supervisor, is entitled to a reasonable length of time, without loss of pay, to inquire into a complaint or to attend a meeting concerning a complaint.