Common use of Sexual and Gender Harassment Clause in Contracts

Sexual and Gender Harassment. 4.03.1 The union and the employer recognize the right of employees to work in an environment free from sexual and gender harassment, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that sexual and gender harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit shall be penalized in her student status as result of suffering work-related sexual or gender harassment. In keeping with this objective the parties agree: (i) to co-operate with the aims and purposes of the Sexual Harassment Education and Complaint Centre (SHEACC); (ii) to co-operate with SHEACC in the development of educational programs for CUPE 3903 members and contract administrators; (iii) to follow the procedures set forth in Article 4.03.4 respecting the separation of parties to a sexual and/or gender harassment dispute. The employer further agrees: (iv) to continue to sponsor educational programs mounted by SHEACC for the University community; and (v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8. 4.03.2 Sexual Harassment shall be defined as: (i) unwanted attention of a sexually oriented nature made by a person(s) who knows or ought reasonably to know that such attention is unwanted; and/or (ii) clearly expressed or implied promise of reward for complying with a sexually oriented request or advance; and/or (iii) clearly expressed or implied threat of reprisal, actual reprisal, or the denial of an opportunity which would otherwise be granted or available, for refusal to comply with a sexually oriented request or advance; and/or (iv) sexually oriented remarks or behaviour which may reasonably be perceived to create a negative environment for work and/or study. 4.03.3 Gender Harassment shall be defined as repeated, offensive comments and/or actions, and/or consistent exclusion from that to which a person(s) would otherwise have a right or privilege, which demean or belittle an individual(s) or a group and/or cause personal humiliation, on the basis of sexual orientation or gender. 4.03.4 Where an employee believes she has been the victim of sexual and/or gender harassment she may, in addition to any other appropriate course of action she wishes to pursue (contacting the Sexual Harassment Centre, laying a complaint, filing a grievance, etc.), request, through the union or the employer, to discontinue contact with the alleged harasser. Upon receipt of such request, a meeting of the Labour/Management Committee shall be convened within fourteen calendar days. The Committee shall consider such request in light of all of the information available to it. The recommendation of the Committee, including any minority recommendation where applicable, shall be forwarded to the Office of the Assistant Vice-President (HR&ER). Upon receipt of such recommendation(s), the designated officer shall determine whether the relevant parties should be separated. If the decision is to separate the parties, the designated officer shall ensure that the separation is arranged. The designated officer shall, in so far as is practicable, ensure that the complainant-employee and the other party incur no penalty in their employment situation as a result of the separation. The designated officer shall also, where applicable, use her best offices to ensure that neither party incurs a penalty in her student status as a result of the separation. If requested by the complainant- employee and recommended by the Labour/Management Committee, the designated officer shall use her best offices to obtain a waiver of relevant academic regulations including, but not limited to, academic deadlines. Decisions of the designated officer shall not be grievable except: (i) the complainant-employee may grieve a decision not to separate the parties; (ii) the complainant-employee or the other party may grieve if she believes that in consequence of the arrangement for separation of the parties she has incurred a penalty in her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8. The employer and the union agree to treat requests that harassment be discontinued, or requests to discontinue contact, as confidential. 4.03.5 Decisions of the designated officer may be grieved within fourteen days of the receipt of the decision by the employee. Where no decision is made by the designated officer, the employee may grieve per Article 4.03.4 (i) within twenty-eight days of the rendering of the recommendation of the Labour/Management Committee. 4.03.6 The employer shall not use information provided by a complainant- employee respecting sexual and/or gender harassment for the purpose of disciplining any member of the University community unless that complainant-employee specifically agrees to such usage.

Sexual and Gender Harassment. 4.03.1 The union and the employer recognize the right of employees to work in an environment free from sexual and gender harassment, and undertake to take all possible and appropriate actions to xxxxxx such an environment. In acknowledging that sexual and gender harassment are serious issues, the employer undertakes that no York University student who is or has been employed in the bargaining unit shall be penalized in her student status as result of suffering work-related sexual or gender harassment. In keeping with this objective the parties agree: (i) to co-operate with the aims and purposes of the Sexual Harassment Education and Complaint Centre (SHEACC); (ii) to co-operate with SHEACC in the development of educational programs programmes for CUPE 3903 members and contract administrators; (iii) to follow the procedures set forth in Article 4.03.4 respecting the separation of parties to a sexual and/or gender harassment dispute. The employer further agrees: (iv) to continue to sponsor educational programs programmes mounted by SHEACC for the University community; and (v) to discipline, where appropriate, an employee-harasser pursuant to the provisions of Article 8. 4.03.2 Sexual Harassment shall be defined as: (i) unwanted attention of a sexually oriented nature made by a person(s) who knows or ought reasonably to know that such attention is unwanted; and/or (ii) clearly expressed or implied promise of reward for complying with a sexually oriented request or advance; and/or (iii) clearly expressed or implied threat of reprisal, actual reprisal, or the denial of an opportunity which would otherwise be granted or available, for refusal to comply with a sexually oriented request or advance; and/or (iv) sexually oriented remarks or behaviour which may reasonably be perceived to create a negative environment for work and/or study. 4.03.3 Gender Harassment shall be defined as repeated, offensive comments and/or actions, and/or consistent exclusion from that to which a person(s) would otherwise have a right or privilege, which demean or belittle an individual(s) or a group and/or cause personal humiliation, on the basis of sexual orientation or gender. 4.03.4 Where an employee believes she has been the victim of sexual and/or gender harassment she may, in addition to any other appropriate course of action she wishes to pursue (contacting the Sexual Harassment Centre, laying a complaint, filing a grievance, etc.), request, through the union or the employer, to discontinue contact with the alleged harasser. Upon receipt of such request, a meeting of the Labour/Management Committee shall be convened within fourteen calendar days. The Committee shall consider such request in light of all of the information available to it. The recommendation of the Committee, including any minority recommendation where applicable, shall be forwarded to the Office of the Assistant Vice-President (HR&ER). Upon receipt of such recommendation(s), the designated officer shall determine whether the relevant parties should be separated. If the decision is to separate the parties, the designated officer shall ensure that the separation is arranged. The designated officer shall, in so far as is practicable, ensure that the complainant-employee and the other party incur no penalty in their employment situation as a result of the separation. The designated officer shall also, where applicable, use her best offices to ensure that neither party incurs a penalty in her student status as a result of the separation. If requested by the complainant- employee and recommended by the Labour/Management Committee, the designated officer shall use her best offices to obtain a waiver of relevant academic regulations including, but not limited to, academic deadlines. Decisions of the designated officer shall not be grievable except: (i) the complainant-employee may grieve a decision not to separate the parties; (ii) the complainant-employee or the other party may grieve if she believes that in consequence of the arrangement for separation of the parties she has incurred a penalty in her employment and/or academic situation. The separation itself and any investigation and/or discipline arising from the circumstances which led to the separation do not constitute a penalty under this clause. Any discipline arising from this article shall be in conformity with Article 8. The employer and the union agree to treat requests that harassment be discontinued, or requests to discontinue contact, as confidential. 4.03.5 Decisions of the designated officer may be grieved within fourteen days of the receipt of the decision by the employee. Where no decision is made by the designated officer, the employee may grieve per Article 4.03.4 (i) within twenty-eight days of the rendering of the recommendation of the Labour/Management Committee. 4.03.6 The employer shall not use information provided by a complainant- employee respecting sexual and/or gender harassment for the purpose of disciplining any member of the University community unless that complainant-employee specifically agrees to such usage.