Sexual and Personal Harassment. The Employer shall provide and the Union and Employees shall support a workplace free from personal or sexual harassment and any other harassment based on the protected characteristics set out in Article 2.
Sexual and Personal Harassment.
(a) The Union and the University recognize the right of bargaining unit members to work and learn in a work environment free from sexual and personal harassment.
(i) The University Harassment Policy and Procedures are accessible to all members of the university community and the Office of Equity and Human Rights is available to all employees in the bargaining unit. Nothing in the Harassment Policy and Procedures bars employees from claiming their rights under other procedures whether available at law or under this Agreement.
(b) The parties agree to the following guidelines in the event of a harassment complaint affecting any employee in the bargaining unit:
(i) Complaints of harassment may be dealt with, in the strictest confidence permissible under the law, as an informal complaint under the University Discrimination and Harassment Policy or as a formal complaint through a grievance under Article 10 of the grievance procedure. Article 7 or any other procedures acceptable to all concerned may be used instead. Participation in such procedures will be without prejudice to all parties and will not prejudice the rights of employees to invoke the grievance procedure under Article 10. The Equity & Human Rights Office will inform an employee that Union representation is available.
(ii) Where an employee wishes to pursue a formal complaint, the Union will process the complaint as a grievance under Article 10 of the Agreement. As an alternative, the formal complaint process of the University Discrimination and Harassment Policy or any other procedure acceptable to all concerned may be used and by agreeing to such an alternative, all parties agree to waive their right to file a grievance. All employees will be entitled to union representation during the process they have decided to use and the union will draft an advisory of such to the Equity Office to provide to the employee.
(iii) Where an employee is a respondent to a complaint of harassment beyond the informal stage of either the Harassment Policy or another collective agreement, the Union will be advised in confidence of the existence of a complaint affecting the respondent, and the respondent will be referred to the Union for representation throughout any proceedings.
(iv) These guidelines may be modified, as circumstances warrant by written agreement of the parties and the employee(s) involved in any complaint.
Sexual and Personal Harassment. All faculty have the right to work in an environment free from sexual and personal harassment.
Sexual and Personal Harassment. (a) Both the Employer and the Union consider sexual and personal harassment to be reprehensible and are committed to maintaining an environment in which such harassment does not exist.
(b) The Employer and the Union recognize the right of employees to work in an environment free from sexual or personal harassment and the parties shall undertake to investigate alleged occurrences with all possible dispatch. If sexual or personal harassment of a bargaining unit member has taken place, the Employer shall take appropriate action to ensure that such harassment ceases. The victim shall be protected from repercussions which may result from his/her complaint.
Sexual and Personal Harassment. 36.01 The Union and the Employer recognize the right of employees to work in an environment free from sexual and personal harassment, and the Employer undertakes to discipline any person employed by the Employer engaging in the sexual or personal harassment of another employee.
36.02 a) Sexual harassment shall be defined as, but not limited to, any incident or series of incidents related to sexuality, that may be verbal, physical, deliberate, unsolicited or unwelcomed.
Sexual and Personal Harassment. 9.3.1 OC promotes teaching, scholarship and research and the free and critical discussion of ideas.
9.3.2 The Association and OC are committed to providing a working and learning environment that allows for full and free participation of all members of the institutional community. Harassment undermines these objectives and violates the fundamental rights, personal dignity and integrity of individuals or groups of individuals. Harassment is a serious offence that may be cause for disciplinary sanctions including, where appropriate, dismissal or expulsion.
9.3.3 OC has a responsibility to comply with the provisions of the BC Human Rights Code and to take action to remedy human rights concerns and complaints arising in the work environment. OC will provide procedures to handle complaints, to resolve problems and to remedy situations where harassment occurs.
9.3.4 OC shall offer educational and training programs designed to prevent harassment and to support the administration of the institutional policies and to ensure that all members of the institutional community are aware of their responsibility with respect to the policy.
Sexual and Personal Harassment. The College and the Union recognize the right of all employees to work in an environment free from sexual and personal harassment. Any complaint alleging sexual or personal harassment shall be treated seriously and in strict confidence and may be addressed through the grievance procedure, the College's Sexual Harassment Policy, or by notifying the B.C. Council of Human Rights. If the grievor chooses to file a simultaneous complaint with the Human Rights Commission, the grievor agrees that, in so doing, the grievance procedure shall precede the complaint. The parties agree that proven sexual or personal harassment is a serious violation of an employee's rights, dignity, and personal well-being. The College will investigate all harassment grievances and treat all such grievances with seriousness and confidentiality. Where such grievances of a sexual or personal harassment nature are justified, appropriate disciplinary measures, up to and including dismissal are supported and endorsed by the parties. Supervisory responsibilities, which are carried out, including disciplinary action, are not harassment.
Sexual and Personal Harassment. 8.2.1 The College is committed to providing all employees with a work environment free from sexual and personal harassment.
8.2.2 For the purposes of Article 8.2 Sexual and Personal Harassment, sexual harassment is defined as:
a) unwanted sexual attention made by a person who knows or ought reasonably to know that the attention is unwanted; or
b) unwanted physical contact such as touching, patting, pinching, or punching; or
c) implied or expressed promise of reward for complying with a sexually oriented request; or
d) implied or expressed threat of reprisal, in the form either of actual reprisal or the denial of opportunity, for refusal to comply with a sexually oriented request; or
e) the display of sexually oriented literature, or pornographic material.
8.2.3 For the purposes of Article 8.2, personal harassment is defined as:
a) physical threat, intimidation, or assault, or unwelcome physical contact such as touching, patting, pinching and punching; or
b) unwelcome behaviour or comment that is directed at, or offensive to any employee that demeans, belittles, causes personal humiliation or embarrassment to that employee or any other employees; or
c) 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 any employee's assigned duties; or
d) the improper use of power and authority inherent in the position held, to endanger an employee's job, threaten the economic livelihood of an employee, or in any way interfere with or influence the career of an employee; or
e) remarks or behaviour that may reasonably be perceived to create a negative psychological and emotional environment for work and study.
8.2.4 Any allegation of sexual or personal harassment will be dealt with through Article
Sexual and Personal Harassment. (See Common Agreement, Article 2)
Sexual and Personal Harassment. 39.01 Employees are entitled to work in an environment free of discrimination and harassment. Harassment is prohibited under the Canadian Human Rights Act and sexual harassment is prohibited under the Canada Labour Code. Discrimination and harassment deprive employees of dignity and respect, and are detrimental to a healthy work environment.
39.02 Discrimination and Harassment: any conduct, comment or gesture, either overt or subtle, that is likely to be offensive to an individual and can be related to any of the ten (10) grounds of discrimination prohibited by the Canadian Human Rights Act; race, religion, sex, national or ethnic origin, marital status, family status, color, age, disability, or a pardoned conviction. Sexual Harassment: means any conduct, comment, gesture, contact of a sexual nature;
a) that is likely to cause offense or humiliation to an employee; or
b) that might, on reasonable grounds be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.
