Investigative Process. 20.3.1 The Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may investigate any allegation about a Member if they reasonably believe that a situation exists that could warrant disciplinary measures against the Member. The conduct of all or part of such investigations may be delegated to appropriate persons. In all cases, the person leading the investigation shall be an individual who has had no previous decision-making authority respecting the allegation. 20.3.2 An investigation is not a disciplinary process. The mere fact of an investigation is not grounds for grievance although a Member may grieve whether the basis for, or conduct of, the investigation conforms with Article 20.3.1 and Article 20.3.4 respectively. 20.3.3 A Member’s privacy shall be respected during an investigation although it is understood that some revelation of the allegation may be unavoidable in order not to seriously compromise the investigation. 20.3.4 As soon as practicable after commencing an investigation, the Xxxxxxx and Vice- Principal (Academic), Xxxx, or delegate shall (a) promptly and fully inform the Member in writing of the nature and substance of the allegation(s) and the scope of the investigation, including advising the Member of their right to seek advice from the Association, and inviting the Member to respond to the allegation by meeting or by submission of materials, or both, as the Member sees fit. If the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate invites the Member to meet to discuss the allegation, the invitation must be in writing and must allow the Member at least two (2) full working days to obtain advice or assistance from the Association; (b) promptly inform the Association of an investigation of allegation(s) pertaining to the Member; (c) give due consideration to any suggestions or evidence from the Member which might expedite or simplify the investigation, or render it unnecessary; it is understood that any statement made by any person at this stage is without prejudice; (d) take reasonable steps to maintain the confidentiality of the investigative process and its findings, until the imposition of discipline, if any, unless the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that such confidentiality may place a person at risk of significant harm; and (e) notify the Member of the tentative results of the investigation within five (5) working days of such results being known. 20.3.5 Notwithstanding Article 20.3.4(a) and (b), the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may withhold information, or delay notification, if the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that disclosure will produce a risk of significant harm to another person or that it will jeopardize the investigation. If there is any withholding or delay in notification on either of these grounds, when the Member is first notified, the notice shall include notice of the withholding or delay and an explanation of the basis for it. No withholding of information or delay in notification can extend beyond the Article 20.3.5
Appears in 8 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Investigative Process. 20.3.1 The Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may investigate any allegation about a Member if they she/he reasonably believe believes that a situation exists that could warrant disciplinary measures against the Member. The conduct of all or part of such investigations may be delegated to appropriate persons. In all cases, the person leading the investigation shall be an individual who has had no previous decision-making authority respecting the allegation.
20.3.2 An investigation is not a disciplinary process. The mere fact of an investigation is not grounds for grievance although a Member may grieve whether the basis for, or conduct of, the investigation conforms with Article 20.3.1 and Article 20.3.4 respectively.
20.3.3 A Member’s privacy shall be respected during an investigation although it is understood that some revelation of the allegation may be unavoidable in order not to seriously compromise the investigation.
20.3.4 If the alleged facts occurred more than six (6) months before the allegation was received by the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate, the University shall normally not investigate and the matter shall be considered closed. However, for serious reasons, including, but not limited to, safety concerns, the acquisition of evidence not previously available, a continuing pattern of conduct, the request by the Member who is the subject of allegations, or the requirements of any external funding agency, the University may, in its discretion, investigate the matter, and, if warranted, discipline the Member.
20.3.5 As soon as practicable after commencing an investigation, the Xxxxxxx and Vice- Principal (Academic), Xxxx, or delegate shall
(a) promptly and fully inform the Member in writing of the nature and substance of the allegation(s) and the scope of the investigation, including advising the Member of their her or his right to seek advice from the Association, and inviting the Member to respond to the allegation by meeting or by submission of materials, or both, as the Member sees fit. If the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate invites the Member to meet to discuss the allegation, the invitation must be in writing and must allow the Member at least two (2) full working days to obtain advice or assistance from the Association;
(b) promptly inform the Association of an investigation of allegation(s) pertaining to the Member;
(c) give due consideration to any suggestions or evidence from the Member which might expedite or simplify the investigation, or render it unnecessary; it is understood that any statement made by any person at this stage is without prejudice;
(d) take reasonable steps to maintain the confidentiality of the investigative process and its findings, until the imposition of discipline, if any, unless the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that such confidentiality may place a person at risk of significant harm; and
(e) notify the Member of the tentative results of the investigation within five (5) working days of such results being known.
20.3.5 20.3.6 Notwithstanding Article 20.3.4(a20.3.5(a) and (b), the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may withhold information, or delay notification, if the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that disclosure will produce a risk of significant harm to another person or that it will jeopardize the investigation. If there is any withholding or delay in notification on either of these grounds, when the Member is first notified, the notice shall include notice of the withholding or delay and an explanation of the basis for it. No withholding of information or delay in notification can extend beyond the Article 20.3.5information
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Investigative Process. 20.3.1 The Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may investigate any allegation about a Member if they she/he reasonably believe believes that a situation exists may exist that could would warrant disciplinary measures proceedings against the Member. The conduct of all or part of such investigations may be delegated to appropriate persons. In all cases, the person leading the investigation shall be an individual who has had no previous decision-making authority respecting the allegation.
20.3.2 An The investigation is not a disciplinary processmatter. The mere fact of an investigation is not grounds for grievance although a Member may grieve whether the basis for, or conduct of, the investigation conforms with Article 20.3.1 and Article 20.3.4 respectively.
20.3.3 A Member’s privacy shall be respected during an investigation although it is understood that some revelation of the allegation may be unavoidable in order not to seriously compromise the investigation.
20.3.4 If the alleged facts occurred more than six (6) months before the allegation was received by the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate, the University shall normally not investigate and the matter shall be considered closed. However, for serious reasons, including, but not limited to, safety concerns, the acquisition of evidence not previously available, a continuing pattern of conduct, the request by the Member who is the subject of allegations, or the requirements of any external funding agency, the University may, in its discretion, investigate the matter, and, if warranted, discipline the Member.
20.3.5 As soon as practicable after commencing an investigation, the Xxxxxxx and Vice- Principal (Academic), Xxxx, or delegate shall
(a) promptly and fully inform advise the Member in writing of the nature and substance of the allegation(s) allegation and the scope of the investigation, including advising the Member of their her or his right to seek advice from the Association, and inviting the Member to respond to the allegation by meeting or by submission of materials, or both, as the Member sees fit. If the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate invites the Member to meet to discuss the allegation, the invitation must be in writing and must allow the Member at least two (2) full working days to obtain advice or assistance from the Association;
(b) promptly inform the Association of an investigation of allegation(s) pertaining to the Member;
(c) give due consideration to any suggestions or evidence from the Member which might expedite or simplify the investigation, or render it unnecessary; it is understood that any statement made by any person at this stage is without prejudice;
(dc) take reasonable steps to maintain the confidentiality of the investigative process and its findings, until the imposition of discipline, if any, unless the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that such confidentiality may place a person at risk of significant harm; and
(ed) notify the Member of the tentative results of the investigation within five (5) working days of such results being known.
20.3.5 20.3.6 Notwithstanding Article 20.3.4(a) and (b20.3.5(a), the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may withhold information, or delay notification, if the Xxxxxxx and Vice-Vice- Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that disclosure will produce a risk of significant harm to another person or that it will jeopardize the investigation. If there is any withholding or delay in notification on either of these grounds, when the Member is first notified, the notice shall include notice of the withholding or delay and an explanation of the basis for it. No withholding of information or delay in notification can extend beyond the Article 20.3.520.3.5(d) stage at which point all relevant information must be, or have been, disclosed.
20.3.7 The notification of Article 20.3.5(d) shall either advise the Member that discipline is not warranted and that no discipline will be imposed, or shall advise that a meeting should be convened to afford the Member an opportunity to make submissions, including documents or oral evidence, with respect to the tentative results of the investigation or any proposed discipline, before the investigation is closed and before any disciplinary measure is imposed. If the Head has conducted part or all of the investigation, the Xxxx may invite the Head to attend such meeting.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Investigative Process. 20.3.1 The Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may investigate any allegation about a Member if they she/he reasonably believe believes that a situation exists that could warrant disciplinary measures against the Member. The conduct of all or part of such investigations may be delegated to appropriate persons. In all cases, the person leading the investigation shall be an individual who has had no previous decision-decision- making authority respecting the allegation.
20.3.2 An investigation is not a disciplinary process. The mere fact of an investigation is not grounds for grievance although a Member may grieve whether the basis for, or conduct of, the investigation conforms with Article 20.3.1 and Article 20.3.4 respectively.
20.3.3 A Member’s privacy shall be respected during an investigation although it is understood that some revelation of the allegation may be unavoidable in order not to seriously compromise the investigation.
20.3.4 If the alleged facts occurred more than six (6) months before the allegation was received by the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate, the University shall normally not investigate and the matter shall be considered closed. However, for serious reasons, including, but not limited to, safety concerns, the acquisition of evidence not previously available, a continuing pattern of conduct, the request by the Member who is the subject of allegations, or the requirements of any external funding agency, the University may, in its discretion, investigate the matter, and, if warranted, discipline the Member.
20.3.5 As soon as practicable after commencing an investigation, the Xxxxxxx and Vice- Principal (Academic), Xxxx, or delegate shall
(a) promptly and fully inform the Member in writing of the nature and substance of the allegation(s) and the scope of the investigation, including advising the Member of their her or his right to seek advice from the Association, and inviting the Member to respond to the allegation by meeting or by submission of materials, or both, as the Member sees fit. If the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate invites the Member to meet to discuss the allegation, the invitation must be in writing and must allow the Member at least two (2) full working days to obtain advice or assistance from the Association;
(b) promptly inform the Association of an investigation of allegation(s) pertaining to the Member;
(c) give due consideration to any suggestions or evidence from the Member which might expedite or simplify the investigation, or render it unnecessary; it is understood that any statement made by any person at this stage is without prejudice;
(d) take reasonable steps to maintain the confidentiality of the investigative process and its findings, until the imposition of discipline, if any, unless the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that such confidentiality may place a person at risk of significant harm; and
(e) notify the Member of the tentative results of the investigation within five (5) working days of such results being known.
20.3.5 20.3.6 Notwithstanding Article 20.3.4(a20.3.5(a) and (b), the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may withhold information, or delay notification, if the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that disclosure will produce a risk of significant harm to another person or that it will jeopardize the investigation. If there is any withholding or delay in notification on either of these grounds, when the Member is first notified, the notice shall include notice of the withholding or delay and an explanation of the basis for it. No withholding of information or delay in notification can extend beyond the Article 20.3.5either
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Investigative Process. 20.3.1 The Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate a Xxxx may investigate any allegation about a Member if they she or he reasonably believe believes that a situation exists may exist that could would warrant disciplinary measures proceedings against the Member. The conduct of all or any part of such investigations may be delegated to appropriate persons. In all cases, the person leading the investigation shall be an individual who has had no previous decision-decision- making authority respecting the allegation.allegation.
20.3.2 An The investigation is not a disciplinary processmatter. The mere fact of an investigation is not grounds for grievance although a Member may grieve whether the basis for, or conduct of, the investigation conforms with Article 20.3.1 and Article 20.3.4 respectively.
20.3.3 A Member’s privacy shall be respected during an investigation although it is understood that some revelation of the allegation may be unavoidable in order not to seriously compromise the investigation.is
20.3.4 As soon as practicable after commencing an investigation, the Xxxxxxx and Vice- Principal (Academic), Xxxx, or delegate shallXxxx shall
(a) promptly and fully inform advise the Member in writing of the nature and substance of the allegation(s) allegation and the scope of the investigation, including advising the Member of their her or his right to seek advice from the Association, and inviting the Member to respond to the allegation by meeting or by submission of materials, or both, as the Member sees fit. If the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate Xxxx invites the Member to meet to discuss the allegation, the invitation must be in writing and must allow the Member at least two (2) full working days to obtain advice or assistance from the Association;Association;
(b) promptly inform the Association of an investigation of allegation(s) pertaining to the Member;
(c) give due consideration to any suggestions or evidence from the Member which might expedite or simplify the investigation, or render it unnecessary; it is understood that any statement made by any person at this stage is without prejudice;
(dc) take reasonable steps to maintain the confidentiality of the investigative process and its findings, until the imposition of discipline, if any, unless the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate Xxxx has reasonable grounds to believe that such confidentiality may place a person at risk of significant harm; and
(ed) notify the Member of the tentative results of the investigation within five (5) working days of such results being known.known.
20.3.5 Notwithstanding Article 20.3.4(a) and 20.3.4 (ba), the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate Xxxx may withhold information, or delay notification, if the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate Xxxx has reasonable grounds to believe that disclosure will produce a risk of significant harm to another person or that it will jeopardize the investigation. If there is any withholding or delay in notification on either of these grounds, when the Member is first notified, the notice shall include notice of the withholding or delay and an explanation of the basis for it. No withholding of information or delay in notification can extend beyond the Article 20.3.520.3.4 (d) stage at which point all relevant information must be, or have been, disclosed.
20.3.6 The notification of Article 20.3.4 (d) shall either advise the Member that discipline is
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Investigative Process. 20.3.1 18.3.1 The Xxxxxxx and Xxxx, Vice-Principal (Academic), Xxxx, or delegate Principal may investigate any allegation about a Member if they she/he reasonably believe believes that a situation exists may exist that could would warrant disciplinary measures proceedings against the Member. The conduct of all or part of such investigations may be delegated to appropriate persons. In all cases, the person leading the investigation shall be an individual who has had no previous decision-decision- making authority respecting the allegation.
20.3.2 An 18.3.2 The investigation is not a disciplinary processmatter. The mere fact of an investigation is not grounds for grievance although a Member may grieve whether the basis for, or conduct of, of the investigation conforms with Article 20.3.1 and Article 20.3.4 respectivelyto Articles 18.3.1 through 18.3.5.
20.3.3 18.3.3 A Member’s privacy shall be respected during an investigation although it is understood that some revelation of the allegation may be unavoidable in order not to seriously compromise the investigation.
20.3.4 18.3.4 If the alleged facts occurred more than six (6) months before the allegation was received by the Xxxx, Vice-Principal or Principal, the University shall normally not investigate and the matter shall be considered closed. However, for serious reasons, including, but not limited to, safety concerns, the acquisition of evidence not previously available, a continuing pattern of conduct, the request by the Member who is the subject of allegations, or the requirements of any external funding agency, the University may in its discretion investigate the matter and, if warranted, discipline the Member.
18.3.5 As soon as practicable after commencing an investigation, the Xxxxxxx and Vice- Principal (Academic), Xxxx, Vice-Principal or delegate Principal shall
(a) promptly and fully inform advise the Member in writing of the nature and substance of the allegation(s) allegation, and the scope of the investigation, including advising the Member of their her/his right to seek advice from the Association, and inviting the Member to respond to the allegation by meeting or by submission of materials, or both, both as the Member sees fit. If the Xxxxxxx and Xxxx, Vice-Principal (Academic), Xxxx, or delegate Principal invites the Member to meet to discuss the allegation, the invitation must be in writing and must allow the Member at least two (2) full working days to obtain advice or assistance from the Association;
(b) promptly inform the Association of an investigation of allegation(s) pertaining to the Member;
(c) give due consideration to any suggestions or evidence from the Member which that might expedite or simplify the investigation, or render it unnecessary; it is understood that any statement made by any person at this stage is without prejudice;
(dc) take reasonable steps to maintain the confidentiality of the investigative process and its findings, until the imposition of discipline, if any, unless the Xxxxxxx and Xxxx, Vice-Principal (Academic), Xxxx, or delegate Principal has reasonable grounds to believe that such confidentiality may place a person at risk of significant harm; and
(ed) notify the Member of the tentative results of the investigation within five (5) working days of such results being becoming known.
20.3.5 Notwithstanding Article 20.3.4(a) and (b), the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate may withhold information, or delay notification, if the Xxxxxxx and Vice-Principal (Academic), Xxxx, or delegate has reasonable grounds to believe that disclosure will produce a risk of significant harm to another person or that it will jeopardize the investigation. If there is any withholding or delay in notification on either of these grounds, when the Member is first notified, the notice shall include notice of the withholding or delay and an explanation of the basis for it. No withholding of information or delay in notification can extend beyond the Article 20.3.5
Appears in 1 contract
Samples: Collective Agreement
