Collective Agreement Part 14 – Protection of Employees

Collective Agreement Part 14 – Protection of Employees

14.       PROTECTION OF EMPLOYEES

14.3     DISCRIMINATION AND HARASSMENT

 

The University and the Association recognize the right of employees to work in, and students to study in, an atmosphere free from discrimination and harassment.  All employees and students have the right to employment and equal treatment without discrimination or harassment because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person, or membership or activity in the Faculty Association.

 

14.4     HARASSMENT

 

14.4.1  Statement of Commitment

 

The University promotes teaching, scholarship and research and the free and critical discussion of ideas. 

 

Unions and employers 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.

 

The University has a responsibility under the BC’s Human Rights Code and the Workers’ Compensation Act to prevent harassment and to provide procedures to handle complaints, to resolve problems and to remedy situations where harassment and bullying occurs.

 

The employer will 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 policies. The union and employer agree that attendance is required and will take place during compensated work time.

 

14.4.2   Definitions

 

14.4.3   Harassment is a form of discrimination that adversely affects the recipient on

one or more of the prohibited grounds under the BC Human Rights Code [R.S.B.C. 1996 c.210].

 

Harassment as defined above is behaviour or the effect of behaviour, whether direct or indirect, which meets one of the following conditions:

 

(a)        is abusive or demeaning;

 

(b)        would be viewed by a reasonable person experiencing the behaviour or

effect of the behaviour, as an interference with her/his participation in

an institutional related activity;

 

(c)        creates a poisoned environment.

 

As of this date, the grounds protected against discrimination by BC’s Human Rights Code [R.S.B.C. 1996 c.210] are age, race, colour, ancestry, place of origin, political belief, religion, marital status, physical or mental disability, sex, sexual orientation and, in the case of employment, unrelated criminal convictions.

 

14.4.4   Sexual Harassment is behaviour of a sexual nature by a person who knows or

ought reasonably to know that the behaviour is unwanted or unwelcome; and

 

(a)        which interferes with another person’s participation in an institution related activity; or

 

(b)        leads to or implies employment, or academically-related consequences

for the person harassed; or

 

(c)        which creates a poisoned environment.

 

14.4.5   Procedures

 

14.4.5.1 Local Informal Processes

 

The Parties agree that the local parties where mutually agreeable, may first attempt to use local policies or processes to resolve complaints of harassment and sexual harassment prior to accessing the following procedures in Article 14.4.5.3 Mediation and 14.4.5.4 Investigation.

 

14.4.5.2 Right to Legal Counsel

 

The union is the exclusive bargaining agent for the bargaining unit employee and as such has the exclusive right to represent the employee in all matters pertaining to his/her terms and conditions of employment, including matters that may lead to discipline by the employer. An individual bargaining unit employee has no right to be represented by legal counsel during an Article 14.4 investigation involving an allegation of harassment.

 

14.4.5.3 Mediation

 

When a complaint is received by the employer involving an individual covered by this collective agreement, the local parties will initiate a mediation procedure at the bargaining unit level. The mediation process is the recommended avenue of resolution. 

 

Consensual mediation will require the agreement of the complainant and the alleged harasser to use the following process:

 

(a)        the local parties will discuss the nature of the complaint and agree upon

who will conduct the mediation;

 

(b)        the mediation process and resolution will be kept strictly confidential by

all participants;

 

(c)        where a resolution is reached, the complainant and the alleged harasser

must agree in writing to the resolution and the matter will then be

considered concluded;

 

(d)        no record of the mediation except the written agreed resolution will be

placed on an employee’s file. The written resolution will be removed

from the employee’s file after twelve (12) months unless there has been a

subsequent complaint of harassment against the employee within the twelve (12) month period.

 

14.4.5.4 Investigation

 

Where either the complainant or alleged harasser does not agree to mediation, or no resolution is reached during the mediation, the complaint will be referred to an investigator selected from a list of investigators agreed upon by the local parties.

 

An investigator will be appointed within ten (10) working days of referral.

 

Where the local parties are unable to agree on a list of investigators, JADRC will determine a list.

 

 

The referral should, where possible, include a written statement from the complainant and the alleged harasser which succinctly outlines the issue(s) in dispute. The referral should be assembled by the Institution and forwarded to the Investigator with a copy sent to the union(s).

 

The appointment of an investigator does not preclude an investigator from mediating the dispute where possible up to the time of submission of the Investigator’s report to the local parties pursuant to Article 14.4.5.5(a) below.

 

Any complaint of harassment will be kept confidential except as is necessary to investigate and resolve the issue. Investigators will stress the confidentiality of the investigation with the person(s) interviewed.

 

14.4.5.5 Terms of Reference of the Investigator

 

(a)        The purpose of the investigator will be to ascertain facts.

 

(b)        All persons quoted in the investigation will be named by initials.

 

(c)        The complete report of the Investigator will be given, in confidence, to the union(s) and the employer. It is the responsibility of the employer to

forward a copy of the report to the complainant and the respondent.  The employer will state, in a covering letter, that the report is

confidential.  The report should refer to individuals involved by initials

only.  However, a key will be provided to the employer and the union(s)

for internal use.  This practice should be repeated at any subsequent

arbitral proceeding. Upon consultation with the union, the employer may redact information from the forwarded report if the release of that information would violate the personal privacy of individuals.

 

(d)        The report will not be introduced as evidence or have standing in any

arbitration, or other legal procedure. This does not preclude the parties

from reaching an Agreed Statement of Fact based upon facts in the report in preparation for an arbitral proceeding.

 

(e)        Reliance on Report of Third Party Investigator

 

Despite Article 14.4.5.5 (d), an institution is entitled to rely on the fact of mediation or the report of a third party investigator as evidence that may mitigate liability in a proceeding that follows receipt of the third party investigator’s report.

 

The employer is entitled to rely on the investigator’s report as evidence that it acted in good faith in any disciplinary action that it undertook following receipt of the third party investigator’s report where the issue of good faith is raised by a grievor or the union.

 

(f)         The investigator will not be compellable as a witness in any arbitration or other legal procedure which may result from the investigation.

 

(g)        The investigator will conclude her/his work within twenty (20) days of

appointment and will render a report within a further ten (10) days. These timelines may be extended if deemed appropriate by the local parties. If a dispute arises with respect to the extension, the matter will be referred to JADRC. If requested by the investigator, the employer will provide meeting space and contact information about persons to be interviewed.

 

(h)        The investigator may, as part of her/his report, make recommendations for resolution of the complaint.

 

(i)        The investigator’s report will not be placed on an employee’s file.

 

14.4.6   Findings

 

14.4.6.1 The employer will make a written determination based upon the facts and

recommendation, if any, within ten (10) working days of the receipt of the Investigator’s report. If necessary, this timeline may be extended by mutual agreement between the local parties.

 

14.4.6.2 The determination will:

 

(a)        state the action(s), if any, to be taken or required by the employer.

 

(b)        include, where appropriate, a statement of exoneration.

 

14.4.7 Rights of the Parties

 

Should a complainant file a complaint under the provisions of the Human Rights Code, it is understood that the Human Rights Code complaint will be set aside until such time as the procedures under this Article have been completed.

 

Where an allegation includes both complaints under the Human Rights Code and a personal harassment complaint, the local parties may agree to have the Investigator investigate all of the complaints, in order to relieve against expense and duality of process.

 

14.4.8   The above noted procedure does not restrict:

 

(a) The employer’s right to take disciplinary action;

(b) The union’s right to grieve such disciplinary action or to grieve an

alleged violation of this Article.

 

14.4.9   The report of the investigator may be used in the development of an Agreed

Statement of Fact for an arbitral proceeding.

 

14.4.10 False Complaints, Breaches of Confidentiality and Retaliatory Action

 

Frivolous, vexatious or malicious complaints of harassment or breaches of the confidentiality provisions of this clause or retaliation in respect of a complaint may result in discipline. Should retaliation be alleged following the filing of a complaint, an Investigator may deal with that allegation and make a finding.

 

 

14.4.11 Local Discussion

 

The local parties will meet as necessary to facilitate the administration and other aspects of the application of this Article including issues arising under Article 14.4.12 below. The local parties may refer any differences over the administration or application of this Article to JADRC for resolution.

 

14.4.12 Relation to Other Agreements

 

Where a complaint under Article 14.4 involves individuals who are covered by another collective agreement the local parties will meet to clarify and agree upon a procedure.

 

14.5     TECHNOLOGICAL CHANGE

 

The parties agree to apply the provisions of Section 54 of the 1992 Labour Relations Code except that a significant number of employees shall be defined as one or more regular or non-regular employees.  Copies of this legislation are available from the Chief Personnel Steward or Human Resources.

 

14.6     DISTRIBUTED LEARNING

 

14.6.1  Distributed learning includes, but is not limited to, print based education

courses, online or web-based instruction, video-conferencing, teleconferencing, instructional video and audio tapes, hybrid or mixed-mode programs and courses.

 

  • In developing and offering distributed learning programs and courses, the

employer will plan in collaboration with the department or functional area and the employee(s) who will develop and/or deliver the program or course.

 

For the purposes of this Article departments or functional areas are defined as the operational or administrative sub-division of an institution within which an employee is appointed and assigned workload and may include geographical limitations.

 

14.6.3  Subject to mutual agreement, the local parties may develop criteria for the

determination of the appropriate release time for the development, delivery and revisions of distributed learning programs or courses.  To the extent that they contain provisions that address release time and workload for the development, delivery and revisions of distributed learning programs or courses, local letters of understanding shall apply.

 

14.6.4  The Employer will provide the necessary technological and human

resources for employees assigned to develop and deliver the program and courses.

 

14.6.5  The Employer will provide the necessary and appropriate training in the

use of relevant educational technology for employees assigned to deliver distributed learning programs and courses.

 

14.6.6  Employees delivering distributed learning programs/courses shall not be

required to provide technical support to students taking distributed learning courses.

 

14.6.7  Employees shall not be required to deliver distributed learning

programs/courses from their home.  Employees delivering or developing distributed learning courses shall be provided with office space and the appropriate technology to support them in their work.

 

14.6.8  Where an employee has been assigned an online course and agrees to the

employer’s request to teach all or part of that course from home, the employer shall provide the appropriate technology and pay for the reasonable and approved costs of delivering those courses from home.

 

14.6.9  No regular employee will be laid off as a direct result of the introduction

of distributed learning.

 

14.8     COPYRIGHT

 

14.8.1         Copyright Ownership

 

                   The copyright or patent for any work product, including creative work, instructional strategies or curriculum/instructional material, software or any other material or technology that may be copyrighted or patented:

 

14.8.1.1      Belongs to the employee(s) where the work product has been prepared or created as part of assigned duties, other than the duties listed in Article 14.8.7.2 below, and the copyright to all copyrightable material shall be the sole property of the employee(s) and shall be retained throughout his or her lifetime and upon his/her death by his/her heirs or assigns; and,

14.8.1.2      belongs to the institution where one or more employees:

 

(a)  have been hired or agrees to create and produce copyrightable work product for the institution, or

(b)  are given release time from usual duties to create and produce copyrightable work product, or

(c)  are paid, in addition to their regular rate of pay, for their time in an appointment to produce copyrightable work product.

 

14.8.2         Employer Rights to Materials Copyrighted by Employee(s)

 

                   Where the employee holds the copyright pursuant to Article 14.8.7.1, the institution shall have a right to use his/her copyrighted material for the duration of the employee’s employment with the institution, for institutional purposes.  The institution may amend and update the copyrighted material with the approval of the employee(s) holding the copyright to the material.  Such approval will not be unreasonably withheld.

14.8.3         Employee Rights to Materials Copyrighted by the Employer

                   Where the institution holds the copyright pursuant to Article 14.8.7.2 above, the employee(s) shall have the right to use in perpetuity, free of charge, such copyrighted material.  The employee may amend and update the copyrighted material with the approval of the institution holding the copyright to the material.  Such approval will not be unreasonably withheld.

14.8.4         Joint Review

 

                   JADRC, may, at the request of either party, review issues arising from the application of Article 14.8.

 

14.10   LEGAL INDEMNIFICATION

 

14.10.1       Vancouver Island University shall maintain:

 

  1. a) The University’s Self‑Insured Comprehensive General Liability Coverage under the University, College, and Institute Protection Program, including the extension of general liability coverage thereunder to faculty to the extent liability arises from activities in connection with the University; or

 

  1. b) similar general liability insurance, no less effective than the above program as of December 1, 1995.

 

14.10.2       To the extent that such coverage is available, the University shall:

 

  1. a) exempt and save harmless each current and former faculty member from any liability action arising from the proper performance of duties for the University, and

 

  1. b) assume all costs, legal fees and other expenses arising from any such action.

 

14.10.3       Providing the Employer requests the use of tools, reference texts and instruments, and the declared value is recorded in writing with the Dean of Instruction at the time the items are brought on campus, coverage is provided for:

 

All risks of direct physical loss or damage consistent with policy provisions.

 

14.14   ACADEMIC FREEDOM

 

Society benefits from the search for knowledge and its free exposition.  Academic freedom is essential to both these purposes in the teaching function of the University as well as in its scholarship and research.  There shall be no infringement or abridgement of the academic freedom of any faculty member.  Faculty members are entitled, regardless of prescribed doctrine, to freedom in carrying out research and in publishing the results thereof, freedom of teaching and of discussion, freedom to criticize the University and freedom from institutional censorship.  Academic freedom does not require neutrality on the part of the individual.  Rather, academic freedom makes commitment possible.  Academic freedom carries with it the duty to use that freedom in a fair manner consistent with the scholarly obligation to base research, criticism, and teaching on an honest search for knowledge.

14.15   RETIREMENT

 

Notwithstanding any other provisions herein, a faculty member’s regular appointment shall not extend beyond July 31 of the year subsequent to the faculty member reaching the age of 65 years.

14.22   TEACHING ASSIGNMENTS TO UNIVERSITY ADMINISTRATORS

 

University administrators, who are given a teaching assignment as part of their regular workload, and receive no extra remuneration for doing so, shall retain their excluded status so long as their teaching load does not exceed one section in a semester (with associated seminars and labs) and a maximum of one Directed Studies student in a semester.  Said administrators shall be required to meet the educational background required of Professors/Instructors who teach similar courses in the division.

2018-06-12T14:58:30-07:00June 8th, 2018|