Harassment, Sexual Harassment and Non-Discrimination.
4.01 ACUMAE and the University recognize that every employee is entitled to work in a climate that is free from any form of harassment. The parties will collaborate to prevent situations of harassment, psychological harassment and/or sexual harassment by implementing measures to inform and raise awareness on these issues.
4.02 Harassment includes any improper conduct, comment or display directed at an employee that is unwarranted, unsolicited and unwelcome and that might reasonably be expected to cause offense, ridicule, humiliation or that might reasonably be perceived as compromising an employee's right to fair and reasonable work conditions or right to dignity.
4.03 Harassment also includes the abuse of authority or the improper use of power which may undermine an employee's job performance. It may include such acts as intimidation, threats, blackmail, or coercion.
4.04 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 offense, ridicule, humiliation or that might reasonably be perceived as compromising an employee's right to fair and reasonable work conditions, or right to dignity.
4.05 The University has the responsibility to investigate and where appropriate, to intervene to ensure steps are taken to end any form of harassment that they are aware of, whether there is a complaint or not.
4.05.1 This article does not restrict the authority of those charged with supervisory responsibilities in such areas as performance evaluation, staff relations and the implementation of disciplinary actions.
Harassment, Sexual Harassment and Non-Discrimination. 4.01 All employees must be allowed to pursue their work in a safe and civil environment. The University prohibits discrimination, harassment, sexual harassment, psychological harassment, threatening or violent conduct, offences against property and other conduct which is injurious to the pursuit of work and studies in a safe and civil environment. This conduct is defined in Section IV of the Code of Rights and Responsibilities.
4.02 An employee may seek resolution to complaints alleging discrimination, harassment, sexual harassment, psychological harassment, threatening or violent conduct, offences against property and other conduct which is injurious to the pursuit of work and studies in a safe and civil environment through the Code of Rights or Responsibilities rather than through the Complaint Resolution Process outlined in Article 24.
4.03 The process set out above in Article 4.02 is optional, and is subject to the sole option of the employee concerned. Nothing in the present section shall be deemed to deprive or limit the employee from filing a complaint and proceeding with a matter involving harassment, sexual harassment, etc. directly in accordance with the complaint resolution process as outlined in Article 24. Furthermore, if an employee considers that he is the subject of harassment, the foregoing procedure shall not prevent the employee from temporarily leaving his work in order to immediately seek advice from ACUMAE or otherwise addressing the issue with the immediate supervisor, or with the next line supervisor, if the harassment originates with the immediate supervisor.
4.04 The Code of Rights and Responsibilities shall not be deemed to detract from the rights and recourses of employees in respect of harassment, provided in the Quebec Charter of Human Rights and Freedoms, or in the Quebec Labour Standards Act and employees shall have the right to have access to the internal resolution process referred to herein, or to other recourses, or both, as they deem appropriate.
4.05 An employee who files a complaint of harassment or sexual harassment shall not be subject to any penalties or reprisals.
