LETTER V - Legal Defense Fund

The parties agree to establish the Legal Defense Fund to be administered by the Legal Defense Fund Committee.  The terms of reference shall include the following:

1.     If a matter involving a member of the bargaining unit proceeds to a formal hearing before a University-created quasi-judicial tribunal with jurisdiction over members of the University, for example, the Senate Executive Sub-Committee on Procedures and Discrimination, or the Human Rights Commissioner, the member shall be entitled to legal representation.  The Legal Defense Fund Committee will determine the amount of disbursement for the cost of representation.

2.     The Legal Defense Fund Committee shall be composed of six (6) members, three (3) appointed by the President and three (3) appointed by the Faculty Association.  The Chair will rotate annually between a Chair appointed by the Faculty Association and a Chair appointed by the President.

3.     The Legal Defense Fund Committee will consider applications for funds to cover the cost of legal representation for members of the bargaining unit involved in hearings under paragraph 1 of this Letter. The Committee shall award reasonable legal costs, provided there are monies in the fund, to an upper limit of five thousand dollars ($5,000) per member per hearing.

4.     The Legal Defense Fund Committee will provide the President of the University and the President of the Faculty Association with an annual report of the operations of the Legal Defense Fund Committee which will include the opening and the closing balance for the year, receipts, interest earned and a summary of the purpose of all expenditures.

5.     Neither the University nor the Faculty Association will be responsible in any way for the advice, or counsel provided by a lawyer whose fees are paid from the Legal Defense Fund.

6.     It is agreed that the Faculty Association and the University of Windsor shall each contribute four thousand dollars ($4,000) to the Legal Defense Fund on or about October 1 of each year.