Common use of Sexual and Gender Harassment Clause in Contracts

Sexual and Gender Harassment. is a form of harassment that can include: comments about an individual’s physical characteristics; demeaning remarks, threats or taunting based on gender; demands for dates or sexual favours. Sexual solicitations or advances made by a person in a position to grant or deny a benefit or advancement, where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome, is prohibited. Further, a reprisal or threat of reprisal, for rejection of sexual solicitation or advance, where the reprisal is made or threatened by a person in a position to grant or deny a benefit or advancement, is prohibited. Relationships between faculty and students, or supervisors and subordinates are susceptible to exploitation. This policy is not designed to inhibit normal social relationships. A person entering into or involved in a sexual relationship with a consenting adult who will be or is the subject of evaluation or supervision should decline or terminate the supervisory or evaluative role, and inform the next level supervisor (e.g. Chair, Xxxx, Director, Vice-President) who will make appropriate alternative arrangements for supervision and/or evaluation. 5.03 The Employer and the Union agree that any allegation of discrimination or harassment under Article 5 shall be handled through Step III of the grievance procedure. In the event of a grievance resulting from an alleged violation of Article 5, the grievor may, where the person against whom the allegations is made is the grievor’s supervisor, refer the grievance to the next step of the grievance procedure. If an employee has filed a grievance under Article 5 and wishes to exercise rights under the University Discrimination and Harassment Policy or the Campus Violence and Harassment policy, the grievor shall file a formal request to hold the grievance in abeyance under Article 14. 5.04 Where personal safety is at risk or a strongly negative environment exists, the employee may request of the Xxxx that their duties be modified, as the nature of the particular circumstances dictate, in an attempt to eliminate contact between the employee and the accused during the period of investigation. Such a request will not be unreasonably denied. 5.05 The Union and the Employer acknowledge and support Trent University’s Policy on Acquired Immune Deficiency Syndrome, as revised August, 1989, and as amended from time to time by appropriate University bodies. 5.06 Nothing in Article 5 is intended to: (a) limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals; or (b) restrict the role of the Union or its representatives in responding to the concerns of members; or (c) restrict the actions of the University in responding to allegations of discrimination or harassment.

Sexual and Gender Harassment. is a form of harassment that can include: comments about an individual’s physical characteristics; demeaning remarks, threats or taunting based on gender; demands for dates or sexual favours. Sexual solicitations or advances made by a person in a position to grant or deny a benefit or advancement, where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome, is prohibited. Further, a reprisal or threat of reprisal, for rejection of sexual solicitation or advance, where the reprisal is made or threatened by a person in a position to grant or deny a benefit or advancement, is prohibited. Relationships between faculty and students, or supervisors and subordinates are susceptible to exploitation. This policy is not designed to inhibit normal social relationships. A person entering into or involved in a sexual relationship with a consenting adult who will be or is the subject of evaluation or supervision should decline or terminate the supervisory or evaluative role, and inform the next level supervisor (e.g. Chair, Xxxx, Director, Vice-Vice- President) who will make appropriate alternative arrangements for supervision and/or evaluation. 5.03 The Employer and the Union agree that any allegation of discrimination or harassment under Article 5 shall be handled through Step III of the grievance procedure. In the event of a grievance resulting from an alleged violation of Article 5, the grievor may, where the person against whom the allegations is made is the grievor’s supervisor, refer the grievance to the next step of the grievance procedure. If an employee has filed a grievance under Article 5 and wishes to exercise rights under the University Discrimination and Harassment Policy or the Campus Violence and Harassment policy, the grievor shall file a formal request to hold the grievance in abeyance under Article 14. 5.04 Where personal safety is at risk or a strongly negative environment exists, the employee may request of the Xxxx that their duties be modified, as the nature of the particular circumstances dictate, in an attempt to eliminate contact between the employee and the accused during the period of investigation. Such a request will not be unreasonably denied. 5.05 The Union and the Employer acknowledge and support Trent University’s Policy on Acquired Immune Deficiency Syndrome, as revised August, 1989, and as amended from time to time by appropriate University bodies. 5.06 Nothing in Article 5 is intended to: (a) limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals; or (b) restrict the role of the Union or its representatives in responding to the concerns of members; or (c) restrict the actions of the University in responding to allegations of discrimination or harassment.

Sexual and Gender Harassment. is a form of harassment that can include, but is not limited to: comments about an individual’s physical characteristics; demeaning remarks, threats or taunting based on gender; demands for dates or sexual favours. Sexual solicitations or advances made by a person in a position to grant or deny a benefit or advancement, where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome, is prohibited. Further, a reprisal or threat of reprisal, for rejection of sexual solicitation or advance, where the reprisal is made or threatened by a person in a position to grant or deny a benefit or advancement, is prohibited. Relationships between faculty and students, or supervisors and subordinates are susceptible to exploitation. This policy is not designed to inhibit normal social relationships. A person entering into or involved in a sexual relationship with a consenting adult who will be or is the subject of evaluation or supervision should decline or terminate the supervisory or evaluative role, and inform the next level supervisor (e.g. Chair, Xxxx, Director, Vice-President) who will make appropriate alternative arrangements for supervision and/or evaluation. 5.03 The Employer and the Union agree that any allegation of discrimination or harassment under Article 5 shall be handled through Step III of the grievance procedure. The parties acknowledge that in certain circumstances the nature of a particular harassment complaint may require an extension of grievance timelines. Such extension will not be unreasonably opposed by either party but shall not exceed sixty (60) days. In the event of a grievance resulting from an alleged violation of Article 5, the grievor may, where the person against whom the allegations is made is the grievor’s supervisor, refer the grievance to the next step of the grievance procedure. If an employee has filed a grievance under Article 5 and wishes to exercise rights under the University Discrimination and Harassment Policy or the Campus Violence and Harassment policy, the grievor shall file a formal request to hold the grievance in abeyance under Article 1415. The parties understand and acknowledge that it is difficult to come forward with a complaint of harassment and recognize a complainant's interest in keeping the matter confidential. To protect the interests of the complainant, the person complained against and any others who may report incidents of harassment, confidentiality will be maintained throughout the grievance process to the extent practicable and appropriate under the circumstances. 5.04 Where personal safety is at risk or a strongly negative environment exists, the employee may request or union designate, upon notification to the Xxxx has the right to discontinue such contact with the alleged harasser pending the completion of the Xxxx that their duties be modified, as the nature investigation of the particular circumstances dictate, in an attempt to eliminate contact between the employee and the accused during the period of investigationcomplaint. Such a request will not be unreasonably denied. Upon receipt of such a request, the Employer will make every reasonable effort to accommodate this request without the complainant suffering any financial penalty. In the event that such discontinuance of contact significantly reduces the workload of either the member making the complaint or of a member who is the alleged harasser, the Xxxx may assign other duties as deemed necessary. 5.05 Both Parties acknowledge at times the Supervisor and Academic Supervisor may be one and the same. This can create difficult situations due to the power dynamics that must be recognized. 5.06 The Union and the Employer acknowledge and support Trent University’s Policy on Acquired Immune Deficiency Syndrome, as revised August, 1989, and as amended from time to time by appropriate University bodies. 5.06 5.07 Discrimination, Harassment and Violence constitute serious offenses that may result in disciplinary sanctions from the University. There will be no reprisal or retaliation against anyone pursuing their rights under this Article of the Collective Agreement, or for participating in proceedings related to this Article of the Collective Agreement. Any such alleged retaliation, reprisal, or threat of retaliation or reprisal shall be significant grounds for grieving a complaint under this article. The University retains the right to not proceed where there is sufficient evidence that a complaint is frivolous or vexatious, and, in such cases, may impose sanctions and remedies that it deems appropriate. 5.08 Employees found to have harassed or discriminated against others could face disciplinary action ranging from verbal warning up to and including discharge from employment. Any Employee who is disciplined as the result of investigations into alleged Discrimination or Harassment shall have the right to grieve such discipline under Article 15 of this Collective Agreement. 5.09 Nothing in Article 5 is intended to: (a) limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals; or (b) restrict the role of the Union or its representatives in responding to the concerns of members; or (c) restrict the actions of the University in responding to allegations of discrimination or harassment. 5.10 Employment Equity The parties are committed to establishing equitable opportunities for employment. The parties also agree to work together through bilateral consultation and negotiations to remove any discriminatory barriers that may exist to the employment of women, Indigenous peoples, people with disabilities, members and allies of LGBTQ, and members of visible minorities in employment areas covered by the Agreement.

Sexual and Gender Harassment. is a form of harassment that can include: comments about an individual’s physical characteristics; demeaning remarks, threats or taunting based on gender; demands for dates or sexual favours. Sexual solicitations or advances made by a person in a position to grant or deny a benefit or advancement, where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome, is prohibited. Further, a reprisal or threat of reprisal, for rejection of sexual solicitation or advance, where the reprisal is made or threatened by a person in a position to grant or deny a benefit or advancement, is prohibited. Relationships between faculty and students, or supervisors and subordinates are susceptible to exploitation. This policy is not designed to inhibit normal social relationships. A person entering into or involved in a sexual relationship with a consenting adult who will be or is the subject of evaluation or supervision should decline or terminate the supervisory or evaluative role, and inform the next level supervisor (e.g. Chair, Xxxx, Director, Vice-President) who will make appropriate alternative arrangements for supervision and/or evaluation. 5.03 The Employer and the Union agree that any allegation of discrimination or harassment under Article 5 shall be handled through Step III of the grievance procedure. In the event of a grievance resulting from an alleged violation of Article 5, the grievor may, where the person against whom the allegations is made is the grievor’s his/her supervisor, refer the grievance to the next step of the grievance procedure. If an employee has filed a grievance under Article 5 and wishes to exercise rights under the University Discrimination and Harassment Policy or the Campus Violence and Harassment policy, the grievor shall file a formal request to hold the grievance in abeyance under Article 14. 5.04 Where personal safety is at risk or a strongly negative environment exists, the employee may request of the Xxxx that their his/ her duties be modified, as the nature of the particular circumstances dictate, in an attempt to eliminate contact between the employee and the accused during the period of investigation. Such a request will not be unreasonably denied. 5.05 The Union and the Employer acknowledge and support Trent University’s Policy on Acquired Immune Deficiency Syndrome, as revised August, 1989, and as amended from time to time by appropriate University bodies. 5.06 Nothing in Article 5 is intended to: (a) limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals; or (b) restrict the role of the Union or its representatives in responding to the concerns of members; or (c) restrict the actions of the University in responding to allegations of discrimination or harassment.

Sexual and Gender Harassment. is a form of harassment that can include, but is not limited to: comments about an individual’s physical characteristics; demeaning remarks, threats or taunting based on gender; demands for dates or sexual favours. Sexual solicitations or advances made by a person in a position to grant or deny a benefit or advancement, where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome, is prohibited. Further, a reprisal or threat of reprisal, for rejection of sexual solicitation or advance, where the reprisal is made or threatened by a person in a position to grant or deny a benefit or advancement, is prohibited. Relationships between faculty and students, or supervisors and subordinates are susceptible to exploitation. This policy is not designed to inhibit normal social relationships. A person entering into or involved in a sexual relationship with a consenting adult who will be or is the subject of evaluation or supervision should decline or terminate the supervisory or evaluative role, and inform the next level supervisor (e.g. Chair, Xxxx, Director, Vice-President) who will make appropriate alternative arrangements for supervision and/or evaluation. 5.03 The Employer and the Union agree that any allegation of discrimination or harassment under Article 5 shall be handled through Step III of the grievance procedure. The parties acknowledge that in certain circumstances the nature of a particular harassment complaint may require an extension of grievance timelines. Such extension will not be unreasonably opposed by either party but shall not exceed sixty (60) days. In the event of a grievance resulting from an alleged violation of Article 5, the grievor may, where the person against whom the allegations is made is the grievor’s supervisor, refer the grievance to the next step of the grievance procedure. If an employee has filed a grievance under Article 5 and wishes to exercise rights under the University Discrimination and Harassment Policy or the Campus Violence and Harassment policy, the grievor shall file a formal request to hold the grievance in abeyance under Article 14. The parties understand and acknowledge that it is difficult to come forward with a complaint of harassment and recognize a complainant's interest in keeping the matter confidential. To protect the interests of the complainant, the person complained against and any others who may report incidents of harassment, confidentiality will be maintained throughout the grievance process to the extent practicable and appropriate under the circumstances. 5.04 Where personal safety is at risk or a strongly negative environment exists, the employee may request or union designate, upon notification to the Xxxx has the right to discontinue such contact with the alleged harasser pending the completion of the Xxxx that their duties be modified, as the nature investigation of the particular circumstances dictate, in an attempt to eliminate contact between the employee and the accused during the period of investigationcomplaint. Such a request will not be unreasonably denied. Upon receipt of such a request, the Employer will make every reasonable effort to accommodate this request without the complainant suffering any financial penalty. In the event that such discontinuance of contact significantly reduces the workload of either the member making the complaint or of a member who is the alleged harasser, the Xxxx may assign other duties as deemed necessary. 5.05 Both Parties acknowledge at times the Supervisor and Academic Supervisor may be one and the same. This can create difficult situations due to the power dynamics that must be recognized. 5.06 The Union and the Employer acknowledge and support Trent University’s Policy on Acquired Immune Deficiency Syndrome, as revised August, 1989, and as amended from time to time by appropriate University bodies. 5.06 5.07 Discrimination, Harassment and Violence constitute serious offenses that may result in disciplinary sanctions from the University. There will be no reprisal or retaliation against anyone pursuing their rights under this Article of the Collective Agreement, or for participating in proceedings related to this Article of the Collective Agreement. Any such alleged retaliation, reprisal, or threat of retaliation or reprisal shall be significant grounds for grieving a complaint under this article. The University retains the right to not proceed where there is sufficient evidence that a complaint is frivolous or vexatious, and, in such cases, may impose sanctions and remedies that it deems appropriate. 5.08 Employees found to have harassed or discriminated against others could face disciplinary action ranging from verbal warning up to and including discharge from employment. Any Employee who is disciplined as the result of investigations into alleged Discrimination or Harassment shall have the right to grieve such discipline under Article 14 of this Collective Agreement. 5.09 Nothing in Article 5 is intended to: (a) limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals; or (b) restrict the role of the Union or its representatives in responding to the concerns of members; or (c) restrict the actions of the University in responding to allegations of discrimination or harassment. 5.10 Employment Equity The parties are committed to establishing equitable opportunities for employment. The parties also agree to work together through bilateral consultation and negotiations to remove any discriminatory barriers that may exist to the employment of women, Indigenous peoples, people with disabilities, members and allies of LGBTQ, and members of visible minorities in employment areas covered by the Agreement.