ARTICLE 59 - Investigation of Allegations and Complaints

59:01           Allegations of misconduct, financial mismanagement or administrative malfeasance on the part of a member from any source shall be transmitted in writing with supporting documentation to the Dean. The Dean shall consider the allegation(s) and if warranted shall forward copies of the allegation(s) and documentation to the member and to the President of the Faculty Association within thirty (30) days of receipt of the allegation(s).  Within a further ninety (90) days, the Provost shall inform the member and the President of the Faculty Association in writing of the decision and any disciplinary measures recommended by the Provost in consultation with the Dean to the President. In instances in which the President decides that the allegation(s) is/are unfounded, or in which the President decides to take no action, all material relating to the allegation(s) shall be removed from the file of the member and destroyed within a further ten (10) working days.  In instances, however, in which the President decides to take disciplinary action against the member, the member against whom the allegation(s) has/have been made shall have recourse to the Grievance and Arbitration procedures as set out in Article 39.  The provisions of clause 27:04 shall apply to all documentation related to the above procedure. No unsubstantiated complaints or allegations shall be placed in a member's personnel file from any source.

Investigation of Human Rights Allegations and Complaints                            

59:02           The Faculty Association has the right to challenge the decision of the Director of Human Rights, Equity and Accessibility to inquire into a complaint in any area where the Association may feel that the inquiry may not be within the powers of the Office of the Director of Human Rights, Equity and Accessibility.

(a)     When a complaint is brought to the Director of Human Rights, Equity and Accessibility concerning a member of the bargaining unit and where the complainant decides to proceed with the informal resolution procedures under the Human Rights Policy of the University (the Policy) and the Director of the Office of Human Rights, Equity and Accessibility decides the complaint is not frivolous or vexatious, the Director of Human Rights, Equity and Accessibility shall inform the member of her/his rights under clause 59:02 (c) of this Agreement, as provided for in the Policy and, at the member’s option, the Faculty Association will also be advised of the complaint.

(b)     The Director of Human Rights, Equity and Accessibility shall conduct the investigation according to the Policy.

(c)     The member shall have the right to consult with the Faculty Association.  At the option of the member, the Faculty Association is entitled to represent the member at all stages of the investigation or conciliation and at every other proceeding whether formal or informal.  The Association's representative shall have the same rights and role in the proceedings as the member.

(d)     A copy of the complaint and full documentation shall be delivered to the member within fourteen (14) working days of the complainant’s election to proceed with informal resolution procedures.  Where a member elects to be represented by the Faculty Association, a copy of the complaint and full documentation shall be simultaneously delivered to the representative of the Faculty Association.

(e)     Where the complaint proceeds to a Formal Hearing Panel under the Policy, the Chair, within fourteen (14) working days of the Panel decision, shall prepare and submit to the President, a written report which shall include the Panel’s decision and the reasons for the decision together with any recommendation for penalty. Copies of the Panel’s Report to the President shall be sent to the member, the complainant and the Director of Human Rights, Equity and Accessibility.

(f)        In instances in which the Panel has determined the complaint to be unfounded the matter shall be deemed concluded.

(g)       Other than when the matter has been resolved informally, but where the Formal Hearing Panel has recommended a penalty, the member shall be informed of the intended disposition of the matter including any discipline imposed upon the member by the President within twenty-one (21) working days of the President's receipt of the report from the Chair of the Hearing Panel.

(h)       Where disciplinary action is taken by the President, the member shall have recourse to the grievance and arbitration process under this Agreement in Article 39 commencing at Step 3.

(i)        All records pertaining to Panel procedures, decisions and recommendations shall be retained by the Office of the University Counsel.

59:03         (a)        When a member of the bargaining unit is requested to appear before the Senate Executive Sub-Committee on Procedures and Discrimination, the Director of Human Rights, Equity and Accessibility or any similar body exercising an investigative or quasi-judicial function, the member may elect to be represented by the Faculty Association in any and all dealings with said committee or officer and shall be notified of such right, in writing, by the committee or officer.

(b)       Whenever the Senate Executive Sub-Committee on Procedures and Discrimination, the  Director of Human Rights, Equity and Accessibility or any similar body exercising an investigative or quasi-judicial function undertakes an investigation into the conduct of a member or engages in conciliation to which the member is a party, within fourteen (14) working days of receipt of complaint, direction or information initiating the investigation or conciliation, the member shall be provided with a copy of the complaint, direction or information and informed of her/his right to consult with and be represented by the Faculty Association at all stages of the investigation or conciliation and every other proceeding whether formal or informal.

59:04            All conciliation proceedings involving members shall be held in strictest confidence by the Director of Human Rights, Equity and Accessibility and supervisory personnel working with the Director. No material concerning any conciliation shall be included in a member's personnel file

Investigation of Allegations and Complaints by the Senate Sub-Committee on Procedures and Discrimination

59:05           If the conduct of a member has been under investigation by the Senate Sub-Committee on Procedures and Discrimination, or any similar body exercising an investigative or quasi-judicial function, any report, findings or recommendations shall be made available in writing to the member within fourteen (14) working days of issuance. Discipline pursuant to such a report, finding or recommendation may be initiated only within twenty-one (21) working days of its issuance.

59:06           Discipline imposed by the President pursuant to a finding that a member has committed sexual harassment may be initiated only within twenty-one (21) working days of the decision of the Senate Sub-Committee on Procedures and Discrimination.

59:07           With respect to all procedures in this Article, the member shall have recourse to the Grievance and Arbitration procedures as set out in Article 39 and the provisions of clause 27:04 shall apply to all documentation related to the procedures under this Article.

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