Common use of Personal and Sexual Harassment Clause in Contracts

Personal and Sexual Harassment. 12.8.1 The College shall provide all employees a work environment free from sexual and personal harassment. All employees have the right to be free from sexual and personal harassment. 12.8.2 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, sexual harassment is defined as follows: 12.8.2.1 Unwanted sexual attention made by a person who knows or ought reasonably to know that such attention is unwanted, or 12.8.2.2 Unwanted physical contact such as touching, patting, pinching or punching, or 12.8.2.3 Implied or expressed promise of reward for complying with a sexually oriented request, or 12.8.2.4 Implied or expressed threat of reprisal, in the form either of actual reprisal or the denial of opportunity, for the refusal to comply with a sexually oriented request, or 12.8.2.5 Subject to the norms of academic discourse and investigation, the inappropriate display of sexually oriented literature, or pornographic material, or 12.8.2.6 Remarks or behaviour which may reasonably be perceived to create a negative psychological and emotional environment for work and study. 12.8.3 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, personal harassment is defined as follows: 12.8.3.1 Physical threat, intimidation, or assault, or unwelcome physical contact such as touching, patting, pinching and punching, or 12.8.3.2 Unwelcome behaviour or comment that is directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to the employee or any other employees, or 12.8.3.3 Implied or expressed promise of reward or threat of reprisal, or the denial of opportunity for refusal to comply with a request which is unrelated to an employee’s assigned duties, or 12.8.3.4 The improper use of power and authority inherent in the position held, so as to endanger an employee’s position. threaten the economic livelihood of the employee, or in any other way interfere with or influence the career of such an employee, or 12.8.3.5 Remarks or behaviour which may reasonably be perceived to create a negative psychological or emotional environment for work or study. 12.8.4 Employees may process complaints about harassment through the grievance procedure, subject to the following changes: 12.8.4.1 Where a person who is the subject of the complaint is the College management representative at any step of the grievance procedure, then the Union may bypass that step of the procedure or present the grievance to another appropriate College representative. 12.8.4.2 College representative(s) in the course of investigating a complaint of harassment or the Union representative when filing the complaint, shall have regard for the privacy and confidentiality of the griever and all persons involved in the complaint. 12.8.4.3 An arbitrator, in the determination of a complaint of harassment, may take reasonable steps to protect the interest of all parties in privacy and confidentiality in the determination of procedural and evidentiary matters, subject to the requirement of fairness to all parties. 12.8.4.4 Where the complainant and the person who is the subject of the complaint are both members of the bargaining unit, then the arbitrator seized of a grievance of harassment, shall also have jurisdiction in respect of any grievance arising from related discipline of the employee who is the subject of the complaint. 12.8.5 Employees against whom a grievance or complaint has been filed pursuant to this Article, shall have the right to know what allegations have been made against them, and shall have the right to Union representation at all meetings, interviews and hearings where the employee’s presence is requested. 12.8.6 A complainant has the right to Union representation at all meetings, interviews and hearings where the complainant’s presence is requested. 12.8.7 Time limits shall be waived for filing grievances under this Article. 12.8.8 The Employer will investigate allegations of harassment in a fair and timely manner. 12.8.9 The parties agree that the College will follow the procedures outlined in Articles

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Personal and Sexual Harassment. 12.8.1 The College shall provide all employees a work environment free from sexual and personal harassment. All employees have the right to be free from sexual and personal per- xxxxx harassment. 12.8.2 Notwithstanding the definition(s) of harassment that may from time to time appear ap- pear in the College Harassment Policy, for the purposes of this Article, sexual harassment is defined as follows: 12.8.2.1 Unwanted sexual attention made by a person who knows or ought reasonably rea- sonably to know that such attention is unwanted, or 12.8.2.2 Unwanted physical contact such as touching, patting, pinching or punchingpunch- ing, or 12.8.2.3 Implied or expressed promise of reward for complying with a sexually oriented ori- ented request, or 12.8.2.4 Implied or expressed threat of reprisal, in the form either of actual reprisal or the denial of opportunity, for the refusal to comply with a sexually oriented requestre- quest, or 12.8.2.5 Subject to the norms of academic discourse and investigation, the inappropriate inap- propriate display of sexually oriented literature, or pornographic material, or 12.8.2.6 Remarks or behaviour which may reasonably be perceived to create a negative psychological and emotional environment for work and study. 12.8.3 Notwithstanding the definition(s) of harassment that may from time to time appear ap- pear in the College Harassment Policy, for the purposes of this Article, personal harassment harass- ment is defined as follows: 12.8.3.1 Physical threat, intimidation, or assault, or unwelcome physical contact such as touching, patting, pinching and punching, or 12.8.3.2 Unwelcome behaviour or comment that is directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to the employee or any other employees, or 12.8.3.3 Implied or expressed promise of reward or threat of reprisal, or the denial of opportunity for refusal to comply with a request which is unrelated to an employeeem- ployee’s assigned duties, or 12.8.3.4 The improper use of power and authority inherent in the position held, so as to endanger an employee’s position. threaten the economic livelihood of the employee, or in any other way interfere with or influence the career of such an employee, or 12.8.3.5 Remarks or behaviour which may reasonably be perceived to create a negative psychological or emotional environment for work or study. 12.8.4 Employees may process complaints about harassment through the grievance procedurepro- cedure, subject to the following changes: 12.8.4.1 Where a person who is the subject of the complaint is the College management man- agement representative at any step of the grievance procedure, then the Union may bypass that step of the procedure or present the grievance to another appropriate appro- priate College representative. 12.8.4.2 College representative(s) in the course of investigating a complaint of harassment har- assment or the Union representative when filing the complaint, shall have regard for the privacy and confidentiality of the griever and all persons involved in the complaint. 12.8.4.3 An arbitrator, in the determination of a complaint of harassment, may take reasonable steps to protect the interest of all parties in privacy and confidentiality in the determination of procedural and evidentiary matters, subject to the requirement re- quirement of fairness to all parties. 12.8.4.4 Where the complainant and the person who is the subject of the complaint are both members of the bargaining unit, then the arbitrator seized of a grievance of harassment, shall also have jurisdiction in respect of any grievance arising from related discipline of the employee who is the subject of the complaint. 12.8.5 Employees against whom a grievance or complaint has been filed pursuant to this Article, shall have the right to know what allegations have been made against them, and shall have the right to Union representation at all meetings, interviews and hearings where the employee’s presence is requested. 12.8.6 A complainant has the right to Union representation at all meetings, interviews and hearings where the complainant’s presence is requested. 12.8.7 Time limits shall be waived for filing grievances under this Article. 12.8.8 The Employer will investigate allegations of harassment in a fair and timely mannerman- ner. 12.8.9 The parties agree that the College will follow the procedures outlined in Articles

Appears in 1 contract

Samples: Collective Agreement

Personal and Sexual Harassment. 12.8.1 The College shall provide all employees a work environment free from sexual and personal harassment. All employees have the right to be free from sexual and personal harassment. 12.8.2 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, sexual harassment is defined as follows: 12.8.2.1 Unwanted sexual attention made by a person who knows or ought reasonably to know that such attention is unwanted, or 12.8.2.2 Unwanted physical contact such as touching, patting, pinching or punching, or 12.8.2.3 Implied or expressed promise of reward for complying with a sexually oriented request, or 12.8.2.4 Implied or expressed threat of reprisal, in the form either of actual reprisal or the denial of opportunity, for the refusal to comply with a sexually oriented request, or 12.8.2.5 Subject to the norms of academic discourse and investigation, the inappropriate display of sexually oriented literature, or pornographic material, or 12.8.2.6 Remarks or behaviour which may reasonably be perceived to create a negative psychological and emotional environment for work and study. 12.8.3 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, personal harassment is defined as follows: 12.8.3.1 Physical threat, intimidation, or assault, or unwelcome physical contact such as touching, patting, pinching and punching, or 12.8.3.2 Unwelcome behaviour or comment that is directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to the employee or any other employees, or 12.8.3.3 Implied or expressed promise of reward or threat of reprisal, or the denial of opportunity for refusal to comply with a request which is unrelated to an employee’s assigned duties, or 12.8.3.4 The improper use of power and authority inherent in the position held, so as to endanger an employee’s position. threaten the economic livelihood of the employee, or in any other way interfere with or influence the career of such an employee, or 12.8.3.5 Remarks or behaviour which may reasonably be perceived to create a negative psychological or emotional environment for work or study. 12.8.4 Employees may process complaints about harassment through the grievance procedure, subject to the following changes: 12.8.4.1 Where a person who is the subject of the complaint is the College management representative at any step of the grievance procedure, then the Union may bypass that step of the procedure or present the grievance to another appropriate College representative. 12.8.4.2 College representative(s) in the course of investigating a complaint of harassment or the Union representative when filing the complaint, shall have regard for the privacy and confidentiality of the griever and all persons involved in the complaint. 12.8.4.3 An arbitrator, in the determination of a complaint of harassment, may take reasonable steps to protect the interest of all parties in privacy and confidentiality in the determination of procedural and evidentiary matters, subject to the requirement of fairness to all parties. 12.8.4.4 Where the complainant and the person who is the subject of the complaint are both members of the bargaining unit, then the arbitrator seized of a grievance of harassment, shall also have jurisdiction in respect of any grievance arising from related discipline of the employee who is the subject of the complaint. 12.8.5 Employees against whom a grievance or complaint has been filed pursuant to this Article, shall have the right to know what allegations have been made against them, and shall have the right to Union representation at all meetings, interviews and hearings where the employee’s presence is requested. 12.8.6 A complainant has the right to Union representation at all meetings, interviews and hearings where the complainant’s presence is requested. 12.8.7 Time limits shall be waived for filing grievances under this Article. 12.8.8 The Employer will investigate allegations of harassment in a fair and timely manner. 12.8.9 The parties agree that the College will follow the procedures outlined in ArticlesArticles 2.3 – 2.6 inclusive of the Common Agreement for all harassment complaints defined under the local Agreement in Article 12.8.2 (Sexual Harassment) and Article 12.8.3 (Personal Harassment).

Appears in 1 contract

Samples: Collective Agreement

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Personal and Sexual Harassment. 12.8.1 The College shall provide all employees a work environment free from sexual and personal harassment. All employees have the right to be free from sexual and personal harassment. 12.8.2 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, sexual harassment is defined as follows: 12.8.2.1 Unwanted sexual attention made by a person who knows or ought reasonably to know that such attention is unwanted, or 12.8.2.2 Unwanted physical contact such as touching, patting, pinching or punching, or 12.8.2.3 Implied or expressed promise of reward for complying with a sexually oriented request, or 12.8.2.4 Implied or expressed threat of reprisal, in the form either of actual reprisal or the denial of opportunity, for the refusal to comply with a sexually oriented request, or 12.8.2.5 Subject to the norms of academic discourse and investigation, the inappropriate display of sexually oriented literature, or pornographic material, or 12.8.2.6 Remarks or behaviour which may reasonably be perceived to create a negative psychological and emotional environment for work and study. 12.8.3 Notwithstanding the definition(s) of harassment that may from time to time appear in the College Harassment Policy, for the purposes of this Article, personal harassment is defined as follows: 12.8.3.1 Physical threat, intimidation, or assault, or unwelcome physical contact such as touching, patting, pinching and punching, or 12.8.3.2 Unwelcome behaviour or comment that is directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to the employee or any other employees, or 12.8.3.3 Implied or expressed promise of reward or threat of reprisal, or the denial of opportunity for refusal to comply with a request which is unrelated to an employee’s assigned duties, or 12.8.3.4 The improper use of power and authority inherent in the position held, so as to endanger an employee’s position. threaten the economic livelihood of the employee, or in any other way interfere with or influence the career of such an employee, or 12.8.3.5 Remarks or behaviour which may reasonably be perceived to create a negative psychological or emotional environment for work or study. 12.8.4 Employees may process complaints about harassment through the grievance procedure, subject to the following changes: 12.8.4.1 Where a person who is the subject of the complaint is the College management representative at any step of the grievance procedure, then the Union may bypass that step of the procedure or present the grievance to another appropriate College representative. 12.8.4.2 College representative(s) in the course of investigating a complaint of harassment or the Union representative when filing the complaint, shall have regard for the privacy and confidentiality of the griever and all persons involved in the complaint. 12.8.4.3 An arbitrator, in the determination of a complaint of harassment, may take reasonable steps to protect the interest of all parties in privacy and confidentiality in the determination of procedural and evidentiary matters, subject to the requirement of fairness to all parties. 12.8.4.4 Where the complainant and the person who is the subject of the complaint are both members of the bargaining unit, then the arbitrator seized of a grievance of harassment, shall also have jurisdiction in respect of any grievance arising from related discipline of the employee who is the subject of the complaint. 12.8.5 Employees against whom a grievance or complaint has been filed pursuant to this Article, shall have the right to know what allegations have been made against them, and shall have the right to Union representation at all meetings, interviews and hearings where the employee’s presence is requested. 12.8.6 A complainant has the right to Union representation at all meetings, interviews and hearings where the complainant’s presence is requested. 12.8.7 Time limits shall be waived for filing grievances under this Article. 12.8.8 The Employer will investigate allegations of harassment in a fair and timely manner. 12.8.9 The parties agree that the College will follow the procedures outlined in ArticlesArticles 2.3 – 2.6 inclusive of the Common Agreement for all harassment complaints defined under the local Agreement in Article 12.8.2 (Sexual Harassment) and Article 12.8.3 (Personal Harassment).

Appears in 1 contract

Samples: Collective Agreement

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