Common use of Report and Management of Allegations Clause in Contracts

Report and Management of Allegations. (a) All allegations of academic misconduct shall be in writing, with documented evidence, signed, dated, and forwarded to the President. The President may refer the allegations to a designate. (b) The President or designate shall deal with the allegations in order to determine whether or not there is a need for formal investigation. The President or designate shall meet with the Member promptly, fairly, and judiciously to discuss the nature of the allegations and allow the Member an opportunity to respond to the allegations. The Member shall be advised of her / his right to be represented by the Association and have a Member of the Association present at the informal meeting. Any statements made by the Member during these discussions shall be without prejudice. (c) If in her / his judgement the allegations have sufficient substance to warrant formal investigation, the President or designate shall inform the Member named in the allegations, and the Association, in writing and with a summary of the allegations of sufficient detail to permit the Member a fair opportunity to respond if he / she wishes. (d) No person consulted by the Employer concerning the case shall be appointed an arbitrator in any subsequent arbitration dealing with these allegations. 43.2.2 The formal investigation process commences when the Member named in the allegations has received the written notice. The President or designate shall have thirty (30) working days from issuing the written notice to conduct the formal investigation. The Member shall be informed of her / his right to be represented by the Association at all meetings during the formal investigation. Any finding of academic misconduct shall require clear, cogent, and convincing proof of such misconduct. 43.2.3 After being informed of the results of an investigation, a Member shall have the right to meet with the President to provide explanations and to make submissions, before any disciplinary action is undertaken. (a) Any discipline imposed on a Member for academic misconduct is subject to normal grievance procedures except that the parties agree that cases involving accusations of academic misconduct will proceed directly to arbitration. (b) A statement from the Employer that a person was guilty of academic misconduct constitutes discipline. 43.2.5 The Employer shall take such steps as it determines necessary and reasonable to: (a) Protect the reputation and credibility of Members wrongfully accused of academic misconduct, including written notification of the decision to all agencies, publishers, or individuals who were informed by the Employer of the investigation; (b) Protect from reprisal Members who in good faith make allegations of academic misconduct, or whom it calls as witnesses in an investigation. Such protection may include the provision of legal counsel should the Member be sued for their participation in any investigation or in arbitration proceedings. The Employer shall take disciplinary action against Members or students who make unfounded allegations of academic misconduct which are reckless, malicious, or not in good faith. 43.2.6 If the Employer’s investigation or the arbitration board sustains an accusation of academic misconduct related to a Member’s research, and if that research is funded by an outside agency or has been published or submitted for publication, the President shall inform the agency or publisher concerned of the decision, as well as the Association and the complainant. In any event, if the outside agency or publisher has been informed of the proceedings before a judgement has been rendered, the President shall send a copy of the decision to the concerned agency or publisher.

Report and Management of Allegations. (a) All allegations of academic misconduct shall be in writing, with documented evidence, signed, dated, and forwarded to the President. The President may refer the allegations to a designate. (b) The President or designate shall deal with the allegations in order to determine whether or not there is a need for formal investigation. The President or designate shall meet with the Member promptly, fairly, and judiciously to discuss the nature of the allegations and allow the Member an opportunity to respond to the allegations. The Member shall be advised of her / his right to be represented by the Association and have a Member of the Association present at the informal meeting. Any statements made by the Member during these discussions shall be without prejudice. (c) If in her / his judgement the allegations have sufficient substance to warrant formal investigation, the President or designate shall inform the Member named in the allegations, and the Association, in writing and with a summary of the allegations of sufficient detail to permit the Member a fair opportunity to respond if he / she wishesthey wish. (d) No person consulted by the Employer concerning the case shall be appointed an arbitrator in any subsequent arbitration dealing with these allegations. 43.2.2 The formal investigation process commences when the Member named in the allegations has received the written notice. The President or designate shall have thirty (30) working days from issuing the written notice to conduct the formal investigation. The Member shall be informed of her / his right to be represented by the Association at all meetings during the formal investigation. Any finding of academic misconduct shall require clear, cogent, and convincing proof of such misconduct. 43.2.3 After being informed of the results of an investigation, a Member shall have the right to meet with the President to provide explanations and to make submissions, before any disciplinary action is undertaken. (a) Any discipline imposed on a Member for academic misconduct is subject to normal grievance procedures except that the parties Parties agree that cases involving accusations of academic misconduct will proceed directly to arbitration. (b) A statement from the Employer that a person was guilty of academic misconduct constitutes discipline. 43.2.5 The Employer shall take such steps as it determines necessary and reasonable to: (a) Protect the reputation and credibility of Members wrongfully accused of academic misconduct, including written notification of the decision to all agencies, publishers, or individuals who were informed by the Employer of the investigation; (b) Protect from reprisal Members who in good faith make allegations of academic misconduct, or whom it calls as witnesses in an investigation. Such protection may include the provision of legal counsel should the Member be sued for their participation in any investigation or in arbitration proceedings. The Employer shall take disciplinary action against Members or students who make unfounded allegations of academic misconduct which are reckless, malicious, or not in good faith. 43.2.6 If the Employer’s investigation or the arbitration board sustains an accusation of academic misconduct related to a Member’s research, and if that research is funded by an outside agency or has been published or submitted for publication, the President shall inform the agency or publisher concerned of the decision, as well as the Association and the complainant. In any event, if the outside agency or publisher has been informed of the proceedings before a judgement has been rendered, the President shall send a copy of the decision to the concerned agency or publisher.

Report and Management of Allegations. (a) All allegations of academic misconduct shall be in writing, with documented evidence, signed, dated, and forwarded to the President. The President may refer the allegations to a designate. (b) The President or designate shall deal with the allegations in order to determine whether or not there is a need for formal investigation. The President or designate shall meet with the Member promptly, fairly, and judiciously to discuss the nature of the allegations and allow the Member an opportunity to respond to the allegations. The Member shall be advised of her / his their right to be represented by the Association and have a Member of the Association present at the informal meeting. Any statements made by the Member during these discussions shall be without prejudice. (c) If in her / his their judgement the allegations have sufficient substance to warrant formal investigation, the President or designate shall inform the Member named in the allegations, and the Association, in writing and with a summary of the allegations of sufficient detail to permit the Member a fair opportunity to respond if he / she wishesthey wish. (d) No person consulted by the Employer concerning the case shall be appointed an arbitrator in any subsequent arbitration dealing with these allegations. 43.2.2 The formal investigation process commences when the Member named in the allegations has received the written notice. The President or designate shall have thirty (30) working days from issuing the written notice to conduct the formal investigation. The Member shall be informed of her / his their right to be represented by the Association at all meetings during the formal investigation. Any finding of academic misconduct shall require clear, cogent, and convincing proof of such misconduct. 43.2.3 After being informed of the results of an investigation, a Member shall have the right to meet with the President to provide explanations and to make submissions, before any disciplinary action is undertaken. (a) Any discipline imposed on a Member for academic misconduct is subject to normal grievance procedures except that the parties Parties agree that cases involving accusations of academic misconduct will proceed directly to arbitration. (b) A statement from the Employer that a person was guilty of academic misconduct constitutes discipline. 43.2.5 The Employer shall take such steps as it determines necessary and reasonable to: (a) Protect the reputation and credibility of Members wrongfully accused of academic misconduct, including written notification of the decision to all agencies, publishers, or individuals who were informed by the Employer of the investigation; (b) Protect from reprisal Members who in good faith make allegations of academic misconduct, or whom it calls as witnesses in an investigation. Such protection may include the provision of legal counsel should the Member be sued for their participation in any investigation or in arbitration proceedings. The Employer shall take disciplinary action against Members or students who make unfounded allegations of academic misconduct which are reckless, malicious, or not in good faith. 43.2.6 If the Employer’s investigation or the arbitration board sustains an accusation of academic misconduct related to a Member’s research, and if that research is funded by an outside agency or has been published or submitted for publication, the President shall inform the agency or publisher concerned of the decision, as well as the Association and the complainant. In any event, if the outside agency or publisher has been informed of the proceedings before a judgement has been rendered, the President shall send a copy of the decision to the concerned agency or publisher.

Report and Management of Allegations. 13.2.1. The Employer may conduct investigations on its own initiative into academic misconduct in accordance with this Article. (a) All allegations of academic misconduct shall be in writing, with documented evidence, signed, dated, and forwarded to the President. The President may refer the allegations to a designate. (b) The President or designate shall deal with the allegations in order to determine whether or not there is a need for formal investigation. The President or designate shall meet with the Member promptly, fairly, and judiciously promptly to discuss the nature of the allegations and allow the Member an opportunity to respond to the allegations. The Member shall be advised of her / his their right to be represented by the Association and have a Member of the Association present at the informal meeting. Any statements made by the Member parties during these discussions shall be without prejudice. (c) If in her / his their judgement the allegations have sufficient substance to warrant formal investigation, the President or designate shall inform the Member named in the allegations, and the Association, in writing and with a summary of the allegations of sufficient detail to permit the Member a fair reasonable opportunity to respond if he / she wishesthey wish. (d) No person consulted by the Employer concerning the case shall be appointed an arbitrator in any subsequent arbitration dealing with these allegations. 43.2.2 13.2.3. The formal investigation process commences when the Member named in the allegations has received the written notice. The President or designate shall have thirty (30) working days from issuing the written notice to conduct the formal investigation. The Member shall be informed of her / his their right to be represented by the Association at all meetings during the formal investigation. Any finding of academic misconduct shall require clear, cogent, and convincing proof of such misconduct. 43.2.3 13.2.4. After being informed of the results of an investigation, a Member shall have the right to meet with the President to provide explanations and to make submissions, before any disciplinary action is undertaken. (a) 13.2.5. Any discipline imposed on a Member for academic misconduct is subject to normal grievance procedures except that the parties agree that cases involving accusations of academic misconduct will may proceed directly to arbitration. (b) A statement from the Employer that a person was guilty of academic misconduct constitutes discipline. 43.2.5 13.2.6. The Employer shall take such steps as it determines necessary and reasonable to: (a) Protect the reputation and credibility of Members wrongfully accused of academic misconduct, including written notification of the decision to all agencies, publishers, or individuals who were informed by the Employer of the investigation; (b) Protect from reprisal Members who in good faith make allegations of academic misconduct, or whom it calls as witnesses in an investigation. Such protection may include the provision of legal counsel should the Member be sued for their participation in any investigation or in arbitration proceedings. . (c) The Employer shall take disciplinary action where practicable against Members or students who make unfounded allegations of academic misconduct which that are reckless, malicious, or not in good bad faith. 43.2.6 13.2.7. If the Employer’s 's investigation or the arbitration board sustains an accusation of academic misconduct related to a Member’s 's research, and if that research is funded by an outside agency or has been published or submitted for publication, the President shall inform the agency or publisher concerned of the decision, as well as the Association and the complainant. In any event, if the outside agency or publisher has been informed of the proceedings before a judgement has been rendered, the President shall send a copy of the decision to the concerned agency or publisher. 13.2.8. Nothing in this Agreement shall preclude the University of Waterloo from conducting an investigation or ethics review and imposing sanctions pursuant to its own policies or practices or from a Member or the Employer in participating in such an investigation or research. Any discipline arising from such an investigation shall be subject to Article 12 – DISCIPLINE.

Report and Management of Allegations. (a) The Employer may conduct investigations on its own initiative into academic misconduct in accordance with this Article. i) All allegations of academic misconduct shall be in writing, with documented evidence, signed, dated, and forwarded to the President. The President may refer the allegations to a designate. (bii) The President or designate shall deal with the allegations in order to determine whether or not there is a need for formal investigation. The President or designate shall meet with the Member promptly, fairly, and judiciously promptly to discuss the nature of the allegations and allow the Member an opportunity to respond to the allegations. The Member shall be advised of her / his their right to be represented by the Association and have a Member of the Association present at the informal meeting. Any statements made by the Member parties during these discussions shall be without prejudice. (ciii) If in her / his their judgement the allegations have sufficient substance to warrant formal investigation, the President or designate shall inform the Member named in the allegations, and the Association, in writing and with a summary of the allegations of sufficient detail to permit the Member a fair reasonable opportunity to respond if he / she wishesthey wish. (div) No person consulted by the Employer concerning the case shall be appointed an arbitrator in any subsequent arbitration dealing with these allegations. 43.2.2 b) The formal investigation process commences when the Member named in the allegations has received the written notice. The President or designate shall have thirty (30) working days from issuing the written notice to conduct the formal investigation. The Member shall be informed of her / his their right to be represented by the Association at all meetings during the formal investigation. Any finding of academic misconduct shall require clear, cogent, and convincing proof of such misconduct. 43.2.3 c) After being informed of the results of an investigation, a Member shall have the right to meet with the President to provide explanations and to make submissions, before any disciplinary action is undertaken. (ad) Any discipline imposed on a Member for academic misconduct is subject to normal grievance procedures except that the parties agree that cases involving accusations of academic misconduct will may proceed directly to arbitration. (be) A statement from the Employer that a person was guilty of academic misconduct constitutes discipline. 43.2.5 The Employer shall take such steps as it determines necessary and reasonable to: (ai) Protect the reputation and credibility of Members wrongfully accused of academic misconduct, including written notification of the decision to all agencies, publishers, or individuals who were informed by the Employer of the investigation; (bii) Protect from reprisal Members who in good faith make allegations of academic misconduct, or whom it calls as witnesses in an investigation. Such protection may include the provision of legal counsel should the Member be sued for their participation in any investigation or in arbitration proceedings. . iii) The Employer shall take disciplinary action where practicable against Members or students who make unfounded allegations of academic misconduct which that are reckless, malicious, or not in good bad faith. 43.2.6 f) If the Employer’s 's investigation or the arbitration board sustains an accusation of academic misconduct related to a Member’s 's research, and if that research is funded by an outside agency or has been published or submitted for publication, the President shall inform the agency or publisher concerned of the decision, as well as the Association and the complainant. In any event, if the outside agency or publisher has been informed of the proceedings before a judgement judgment has been rendered, the President shall send a copy of the decision to the concerned agency or publisher. g) Nothing in this Agreement shall preclude the University of Waterloo from conducting an investigation or ethics review and imposing sanctions pursuant to its own policies or practices or from a Member or the Employer in participating in such an investigation or research. Any discipline arising from such an investigation shall be subject to Article 13