Sessional Collective Agreement
THIS COLLECTIVE AGREEMENT (SESSIONAL ADJUNCTS)
between
QUEENS UNIVERSITY FACULTY ASSOCIATION
(hereinafter called the Association)
and
QUEENS UNIVERSITY AT KINGSTON
(hereinafter called the University)
(February 20, 2004 April 30, 2006)
The Parties agree as follows:
Contact Information for the Parties:
|
Queens University at Kingston Richardson Hall, University Avenue Email: jc44@post.queensu.ca Website: http://www.queensu.ca/vpac/index.htm Phone: (613) 533-3133 |
Queens University Faculty Association (QUFA) 9 St. Lawrence Ave. Email: qufa@post.queensu.ca Website: /qufa/ Phone: (613) 533-2151 (613) 533-3033 |
Memorandum of Agreements (MOA's):
MOA, November 22, 2004 re: Employment Insurance Hours
TABLE OF CONTENTS
Introductory Clauses:
1 Recognition and Definition of Bargaining Unit
2 Definitions
3 Dues Check-Off
4 Copies of the Agreement
5 Legal Liability
6 Correspondence and Information
Rights of the Parties to the Agreement:
7 Association Rights
8 Management Rights
9 Non-Discrimination Clause
10 Past Practices
11 Strikes by Other Bargaining Units
12 Joint Committee on the Administration of the Agreement (JCAA)
Members Rights and Responsibilities:
13 Academic Freedom
14 Intellectual Property
15 Fraud and Misconduct in Academic Research and Scholarly Activity
16 Conflict of Interest/Conflict of Commitment
Grievance, Discipline and Safety:
17 Grievance and Arbitration
18 Discipline
19 Harassment
20 Public Safety and Security: Emergency Suspension with Pay
21 Health, Safety and Security
Personnel Procedures:
22 Employment Equity
See MOA, November 22, 2004 re: Statement Used in Advertisements for Sessional Adjuncts (Article 22.4 (a))
See MOA, November 22, 2004 re: Report to be Used in Article 22.5.1
23 Appointment of Members
See MOA, October 28, 2004: Sessional Adjunct Appointment Committee for the Aboriginal
Teacher Education Program (ATEP)
See MOA, June 7, 2005:
Teaching Fellow Conversion to Sessional Adjunct
See MOA, August 10, 2005:
Right of Reappointment (Article 23.6.2)
24 Evaluation
25 Official File
26 Leaves
Working Conditions:
27 Academic Responsibilities
28 Working Conditions
See MOA, May 13, 2004 re: Fund for Scholarly and Professional Development
(Sessional Adjuncts) (Article
28.13)
See MOA, June 28, 2005 re: Fund for Scholarly and Professional Development (Sessional
Adjuncts) (Article
28.13)
Compensation:
- See MOA, December 9, 2005, CDS Compensation (Article 29)
- See MOA, December 5, 2005, Aboriginal Teachers Education Program (ATEP)
29 Compensation and Benefits
- See MOA, November 22, 2004, Course Cancellation Payment (Article 29.1.5)
- See MOA, December 9, 2005, Compensation for Additional Duties (Article 29.1.6)
- See MOA, November 29, 2005, Child Care Plan (Article 29.2.1)
Dispute Resolution/Contract Renewal:
30 No Strikes or Lockouts
31 Duration
TABLE OF CONTENTS
APPENDICES and SCHEDULES
B Notice of Intention to Grieve Pursuant to Article 17.4.1
C List of Arbitrators Pursuant to Article 17.6.1
D Commuting Adjunct Travel Expense Policy
E Harassment/Discrimination Complaint Policy and Procedure
F Applied Music and Composition Instruction, Ensembles and Other Non-Academic Courses for
Sessional Adjuncts in
the School of Music
See MOA,
September 14, 2004
See MOA, Revised July 15, 2005
SCHEDULE A List of Registered Charities Pursuant to Article 3.1(b)
RECOGNITION AND DEFINITION OF THE BARGAINING UNIT
1.1 The University recognizes the Association as the exclusive bargaining agent of the Members of the Bargaining Unit. Until the Parties agree otherwise, the Bargaining Unit is defined by the certificate of the Ontario Labour Relations Board, dated May 1, 2003. This certificate and subsequent amendments, if any, shall be deemed to be incorporated into and become part of this Collective Agreement.
1.2 Members in the Bargaining Unit are all academic staff of Queens University at Kingston, in the province of Ontario, who, individually or jointly, are responsible for instruction and evaluation in degree-credit courses, for pay, and who are persons coming within the definition of members of the adjunct academic staff, Group 1, as set out in the June 23, 1994 Statement on Adjunct Academic Staff and Academic Assistants, as contained in Appendix A, save and except:
(a) employees covered by subsisting collective agreements;
(b) voting members of the Board of Trustees;
(c) Associate Deans and persons above that rank including, without limitation, the Principal and Vice-Chancellor, Vice-Principals, Associate
Vice-Principals, Deans, Vice-Deans, and persons providing confidential assistance in respect of labour relations to persons in one or
more of those positions; and anyone who is appointed to act in those positions;
(d) the University Librarian and the Associate University Librarian;
(e) the University Archivist;
(f) (f) physicians with or without academic rank to whom the Ontario Medical Association Dues Act, applies;
(g) persons, including visiting fellows, employed by another university, institution, firm or government agency, and whose duties at
Queens University are part of their employment at their home university, institution, firm or government agency;
(h) post-doctoral fellows and research fellows whose remuneration for teaching at Queens University is from an external source;
(i) teaching assistants;
(j) academic assistants, as defined in the June 23, 1994 Statement on Adjunct Academic Staff and Academic Assistants;
(k) persons registered as students at Queens University at Kingston who teach in the discipline in which they are registered;
(l) persons whose appointments are exclusively for work outside of the Province of Ontario, including persons teaching at the
International Study Centre at Herstmonceux Castle;
(m) the Executive Director and Resident (Academic) Director at the International Study Centre at Herstmonceux Castle;
(o) persons engaged in supervision of students unless they are otherwise members of the Bargaining Unit.
1.3 Clarity note: Supervision of students in clinical, professional and other academic programs is not sufficient to justify inclusion of a person in the Bargaining Unit.
DEFINITIONS
2.1 Except where a word is given a different or a special meaning, the words listed below shall, for the purposes of this Agreement, have the meanings given in this Article.
2.2 Academic Session
A period of time during the year, the specific dates of which are set annually by Senate. There are two academic sessions: the Spring-Summer session and the Fall-Winter session.
2.3 Academic Term
A period of time during the year, the specific dates of which are set annually by Senate. There are four academic terms: the Spring term, the Summer term, the Fall term and the Winter term.
2.4 Academic Year
A period of twelve (12) calendar months which commences on the first day of July and ends on the last day of June in the next calendar year, inclusive. See also Fiscal Year (Article 2.16).
2.5 Agreement
The Agreement negotiated between and ratified by the University and the Association concerning the Sessional Adjunct Bargaining Unit.
2.5 Appointment Dates
The period of employment by the University.
2.6 Association
The Queen's University Faculty Association (QUFA).
2.7 Bargaining Unit
The Sessional Adjunct Bargaining Unit as defined by the Certificate issued by the Ontario Labour Relations Board (OLRB), dated May 1, 2003 as may be amended by the OLRB or by the Agreement of the Parties.
2.8 Board
The Board of Trustees of Queen's University at Kingston.
2.9 Day
A calendar day. See also Working Day (Article 2.33).
2.10 Dean
The senior academic officer of a Faculty, appointed in accordance with procedures laid down for the governance of the University by the Senate and the Board. Normally, the word Dean shall encompass anyone acting in that capacity, or delegated to do so in certain matters.
2.11 Delegate
A person expressly designated to act on behalf of another in certain matters.
2.12 Department
An academic department, as duly constituted by the Senate and the Board.
2.13 Employer
Queens University at Kingston.
2.14 Faculty
An academic Faculty (including the School of Business and the School of Graduate Studies), as duly constituted by the Senate and the Board.
2.15 Fiscal Year
A period of twelve (12) calendar months which commences on the first day of
May and ends on the last day of April in the next calendar year, inclusive. See also Academic Year (Article 2.4)
2.16 Joint Committee on the Administration of the Agreement (JCAA)
The Committee as described in Article 12 of the Collective Agreement.
2.17 Member
A person included in the Sessional Adjunct Bargaining Unit as defined by the Certificate issued by the Ontario Labour Relations Board (OLRB), dated May 1, 2003 as may be amended by the OLRB or by agreement of the Parties.
2.18 PARTEQ
PARTEQ Development Research Innovations, a body corporate incorporated under the laws of the Province of Ontario.
2.19 Parties
The
Parties to this Collective Agreement, namely the Board of Trustees of
Queen's University at Kingston and the Queen's University Faculty
Association (QUFA).
2.20 Plenary Meeting
A meeting of the unit that is open to all academic staff of the unit.
2.21 President
The President of the Queen's University Faculty Association (QUFA).
2.22 Principal
The Principal of Queen's University at Kingston.
2.23 Program
A related set of academic activities, normally leading to a degree, which may be within an academic unit, or may be supported by more than one (1) academic unit.
2.24 Queens Gazette
The Gazette published by Queens University at Kingston.
2.25 Senate
The Senate of Queen's University at Kingston, as constituted by the Royal Charter of 1841 as amended from time to time.
2.26 Sessional Adjunct
A Member of the Bargaining Unit.
2.27 University
Queen's University at Kingston as established by the Royal Charter of 1841, as amended from time to time, or any officers authorized to act on behalf of the University.
2.28 Unit
An academic unit which is a faculty, school, or department headed by a Dean, Director, Head or Chair.
2.29 Unit Head/Head of the Unit
The Head, Chair, or Director of the Unit or the Dean of a non-departmentalized Faculty.
2.30Week
Seven consecutive days.
2.31 Working Day
Monday through Friday of any week, excluding official holidays and periods during which the University is officially closed. See also Day (Article 2.9).
DUES CHECK-OFF
3.1 Dues Check-off
(a) Effective September 1, 2003, the University agrees to deduct:
i. monthly dues or an equivalent amount from the salaries of all Members of the Bargaining Unit on a monthly basis; and
ii. any other fees, levies, and assessments which may be authorized by the Association in writing to the University from time to time.
(b) A Member of the Bargaining Unit who affirmatively asserts an objection to the payment of dues or fees to a trade union on religious or conscientious grounds shall complete and file with the University a declaration explaining the nature of the religious or conscientious objection. A copy of the declaration shall be provided to the Association. So long as the University and Association agree that the objection would accord with principles established under the Ontario Labour Relations Act, a sum equivalent to monthly dues shall be deducted from that Member's salary and remitted to a registered charity chosen annually by the Member from a list of charities agreed upon from time to time by the University and the Association and set out in a Schedule hereto attached (Schedule A).
(c) New or re-entering Members to the Bargaining Unit shall have four (4) months to declare their objection.
3.2 Dues Remittance
(a) The amounts deducted under this Article shall be remitted monthly to the Association no later than the twentieth (20th) day of the following month. The University shall subtract any sum to be paid to charities prior to the monthly remittance.
(b) The Association shall advise the University one (1) month in advance of the pay period to which changes apply in the monthly dues schedule, fees, levies and assessments. Such changes shall be limited to three (3) occasions in any one (1) year.
(c) The University shall inform the Association of the name, rank or status, and salary of Members of the Bargaining Unit, and the amount deducted under this Article from every Members salary on a monthly basis. The University shall advise the Association of changes to such information as part of the monthly return.
(d) The University shall advise the Association of any entry, re-entry or departure of any person from the Bargaining Unit.
3.3 Protocol for Disputes
Monies that result out of any disputed objection shall be held in trust and any objections submitted in a group to the grievance procedure agreed upon in this Collective Agreement.
COPIES OF THE AGREEMENT
4.1 Parties shall jointly prepare the master copy of the draft form of the Agreement needed for ratification, including those appendices which the Parties agree should be distributed.
4.2 Subsequent to ratification, the Parties shall cooperate in any technical editing still required. This process shall not delay implementation or signing of the Agreement. Within ninety (90) days of the completion of technical editing by the Parties, the University shall provide each Member with one (1) copy of the final version, and further, shall provide the Association with fifty (50) copies for its own use. Members hired subsequent to the initial distribution shall receive copies from the University on taking up their employment. A copy shall be available for consultation by any person interviewed for a position within the Bargaining Unit.
4.3 The University shall also make the Agreement publicly accessible in an electronic form.
LEGAL LIABILITY
5.1 The University shall provide insurance coverage in respect of the liability of Members, while acting on behalf of the University, to the extent provided by the CURIE policies now in force. The University shall reimburse the Member for the costs incurred by the Member resulting from the application of the deductible provision in such insurance coverage, and for any costs incurred by the Member resulting from the failure of the University to meet the requirements for such insurance coverage.
CORRESPONDENCE AND INFORMATION
6.1 Except where otherwise specified in this Agreement, correspondence between the Association and the University arising out of this Agreement or incidental to it shall pass between the President and the Principal, or their designates.
6.2 The University shall provide the Association with the following information:
(a) a list containing name, title, rank, staff number, contract start and end dates, gender, unit, University address, remuneration for each course, identification of course(s) and proportion of course(s) taught, for each Member no later than September 1 (for those teaching in the Fall term or the Fall-Winter session), January 1 (for those teaching in the Winter term), and May 1 (for those teaching in the Spring term, Summer term or Spring-Summer Session) every year;
(b) the list required by Article 6.2 (a) shall be supplemented with the names and information of any additional Member appointed under Article 23.2.4, Article 23.2.5, and Article 23.2.6 and with the names and details of any revisions to appointments for Members, as soon as possible after such appointments or revisions are made;
(c) the e-mail addresses for Members as soon as possible after their appointment begins;
(d) the names of all Members whose employment has been terminated for reasons other than expiration of contract, the dates of terminations, and the categories of termination such as death, resignation, retirement and dismissal within ninety (90) days of termination;
(e) such other information as may be set out elsewhere in this Agreement that is required to be given.
6.3 The Association agrees to provide the University with the following information:
(a) a copy of each communication bulletin for Members of the Bargaining Unit;
(b) an up-to-date copy of the Constitution and Bylaws of the Association for Members of the Bargaining Unit;
(c) an up-to-date list of the Executive Committee of the Association and all other standing committees of the Executive;
(d) such other information as may be set out elsewhere in this Agreement that is required to be given;
(e) notice, agenda, and approved minutes of the Associations General Meetings (regular and special).
6.4 Unless otherwise provided by this Agreement, the Universitys internal mail shall be deemed adequate for correspondence between the Association and the University. All communications required by Article 17 and Article 18 between the University and Members shall be delivered by receipted, registered Canada Post, or other personal delivery for which signed acknowledgment of receipt has been received.
ASSOCIATION RIGHTS
7.1 Support Stipends
7.1.1 The University shall provide three stipends each year to support the work of the Association. The stipends shall be at the minimum rate for a half course in those units where the standard workload is 2.5 courses. The stipends shall be paid through the University payroll system to individuals designated by the Association. Stipend holders who are not Sessional Adjuncts shall have the same rights and protections with respect to e-mail and library access as Sessional Adjuncts, during the time when stipend holders are performing services for the Association.
7.2 Services
7.2.1 The Association can use all internal services to be charged at the internal user rate.
7.2.2 The Association can use the internal campus mail delivery service for the purpose of communicating with Members of the Bargaining Unit without restriction.
7.2.3 The University shall provide the Association access to meeting rooms on campus for Association business through Room Reservation Services in accordance with normal booking procedures and regulations.
7.2.4 The Associations staff will be paid through the University payroll system at the Associations expense and can participate in the range of benefit options available to the Association Members with the same costs and payments arrangements. Any employers contribution will be paid by the Association.
7.3 Work of the Association
7.3.1 Work by Members of the Bargaining Unit and by stipend holders under Article 7.1.1 on the Associations Executive Committee, the Council of Representatives, or other committees or sub-committees shall be considered by the University as service to the academic community and such work shall be included in, and covered by, Article 5.1.
MANAGEMENT RIGHTS
8.1 The University retains the right to manage the University except to the extent modified by the terms in this Collective Agreement. Such rights shall be exercised in a fair and equitable manner consistent with the provisions of this Collective Agreement.
NON-DISCRIMINATION
9.1 There shall be no discrimination, interference, restriction or coercion exercised or practised regarding any term or condition of employment, by reason of sex, age, race, creed, colour, ancestry, national origin, place of birth, language (except where competence in the language is a bona fide occupational requirement), political or religious affiliation or belief, clerical or lay status, citizenship, sexual orientation, gender identity, physical attributes, spousal status, family relationship, physical or mental ill-health, illness or disability (provided that such condition does not interfere with the ability to carry out the essential duties of the position), place of residence (except where the place of residence would prevent the carrying out of any part of the required duties), or membership or participation in the Association.
9.2 This Article shall not preclude any equity measures agreed to by the Parties or required by law.
9.3 Policy(ies), practice(s) or act(s) which create(s), intentionally or unintentionally, a sustained negative working climate which can reasonably be attributed to any of the prohibitive grounds in Article 9.1 shall be considered discrimination.
PAST PRACTICES
10.1 Subject to the provisions of this Agreement and except as specifically agreed between the Parties, all recognized existing practices affecting the terms or conditions of employment of Members of the Bargaining Unit shall remain in effect and unaltered during the term of the Agreement and any extension thereof.
10.2 Recognized existing practices are those practices which are university-wide, reasonable, certain, known and in force as of May 1, 2003 or such other practices as the Parties may identify.
10.3 The onus to show that such a practice exists rests upon the person seeking to rely upon the practice.
STRIKES BY OTHER BARGAINING UNITS
11.1 During any legal strike by another Bargaining Unit against the University, or during any lockout of another Bargaining Unit by the University, Members have the right to decline to perform the work of striking or locked-out employees.
11.2 No Member shall be disciplined for refusing to cross the picket line of another Bargaining Unit which is engaged in a legal strike against the University or has been locked out by the University, if any of the following apply:
(a) the Member has reasonable grounds to believe that her/his personal safety may be jeopardized;
(b) the Member has scheduled duties that would be affected by declining to cross, but has advised the appropriate Head of the Unit as early as reasonably possible, and has made alternate arrangements for carrying out the scheduled duties;
(c) the Member has scheduled duties that will not be carried out, and has advised the appropriate Head of the Unit as early as reasonably possible that the Member will not be available, it being understood that for each scheduled classroom hour (or part thereof) for which this occurs, the Member will be deemed to have sought and been granted a pro rata leave without pay, based on the ratio between the scheduled classroom hours for which duties are not performed and twice the number of classroom hours in the course(s) for which the Member is appointed; or
(d) if such refusal will not constitute just cause for discipline pursuant to Article 18.
11.3 Any dispute about any aspect of this provision or its application is subject to the grievance procedure pursuant to Article 17.
JOINT COMMITTEE ON THE ADMINISTRATION OF THE AGREEMENT (JCAA)
12.1 The Parties agree to establish a Joint Committee on the Administration of the Agreement.
12.2 The JCAA shall be composed of three (3) representatives of the University and three (3) representatives of the Association. A quorum shall be four (4) members, providing two (2) representatives of each Party are present.
12.3 The Joint Committee on the Administration of the Agreement shall:
(a) endeavour to maintain and develop a spirit of cooperation and mutual respect;
(b) review matters arising from the administration, interpretation and operation of the Agreement and other matters of mutual concern but excluding any dispute which is currently being resolved under the grievance procedures in this Collective Agreement;
(c) endeavour to facilitate better working relationships between the University and the Association and its Members;
(d) endeavour to foster better communications between the various components of the University community;
(e) carry out functions specifically delegated by the Collective Agreement;
12.4 The JCAA shall not have the power to add or to modify in any way the terms of this Agreement, but shall function in an advisory capacity to the Association and/or the University and shall seek the timely correction of conditions which may give rise to misunderstandings.
12.5 The Parties agree to avoid unnecessary variations in the administration, interpretation and operation of this Agreement and the Collective Agreement between Queens University and the Queens Faculty Association covering faculty, librarians and archivists and dated 11 May 2002 to 30 April 2005. To this end, either party may identify an issue as common to both agreements and request that the Joint Committees on the Administration of the Collective Agreements meet together to discuss the issue.
12.6 The JCAA shall determine its own procedures, subject to the following provisions:
(a) The Committee shall be chaired jointly by one (1) of the representatives of the Association and one (1) of the representatives of the University who shall together be responsible for preparing and distributing the agenda and minutes of the meetings.
(b) The JCAA shall meet not later than ten (10) working days after the request of either Party, but in any event the JCAA shall meet at least twice yearly during the academic year. Each member of the JCAA shall receive notice not less than five (5) working days before the scheduled date of the meeting, and shall receive the agenda of the meeting at least two (2) working days in advance.
(c) The Parties may, by mutual consent, expand the JCAA, to create sub-committees of the JCAA on a parity basis to perform particular functions assigned by particular Articles.
ACADEMIC FREEDOM
13.1 Generally:
(a) The unimpeded search for knowledge and its free expression and exposition are vital to a University and to the common good of society;
(b) Members have the right to academic freedom which shall include the freedom, individually or collectively, to develop and transmit knowledge and opinion through research, study, discussion, documentation, production, creation, teaching, lecturing and publication, regardless of prescribed or official doctrine, and without limitation or constriction by institutional censorship;
(c) The Parties agree to uphold and to protect the principles of academic freedom, not to infringe upon or abridge academic freedom as set out in this Article, and to use all reasonable means in their power to protect that freedom when it is threatened.
13.2 Academic freedom includes the following interacting freedoms: freedom to teach, freedom to research, freedom to publish, freedom of expression, freedom to acquire materials. Academic freedom ensures that:
(a) Members teaching courses have the right to the free expression of their views, and may choose course content, use teaching methods and refer to materials without censorship or reference or adherence to prescribed doctrine;
(b) Members have the freedom to carry out scholarly research without reference or adherence to prescribed doctrine;
(c) Members have the right to publish the results of their research without interference or censorship by the institution, its agents or others;
(d) Members have the right to freedom of expression, including the right to criticize the government of the day, the administration of the University, or the Association;
(e) Members have the freedom to exercise professional judgment in the acquisition of materials, and in ensuring that these materials are freely accessible to all for bona fide teaching and research purposes, no matter how controversial these materials may be.
13.3 Academic freedom does not require neutrality; rather, it carries with it the duty to use that freedom in a manner consistent with the scholarly obligation to base research, teaching, publication and other forms of scholarly expression on an honest search for knowledge.
Academic freedom does not confer legal immunity; nor does it diminish the obligation of Members to meet their responsibilities to the University.
In the exercise of academic freedom, Members shall respect the academic freedom of others.
INTELLECTUAL PROPERTY
14.1 Definition
14.1.1 Intellectual property means any result of intellectual or artistic activity, created by a Member, that can be owned by a person. This includes inventions, publications, computer software, works of art, industrial and artistic designs, as well as other creations that can be protected under patent, copyright, or trademark laws.
14.1.2 Any provisions of this Article apply as well to a creator of a portion of a piece of intellectual property, on a pro rata basis.
14.2 Ownership and Rights of All Intellectual Property
14.2.1 All intellectual property is owned by the Members who create it, unless some other arrangement has been agreed to in advance for certain types of funding or by individual contract.
14.2.2 Alternative arrangements may be made when the intellectual property is created under a contract between the University and an outside sponsor only if the sponsor insists on such an arrangement as a condition of funding and this is acceptable under prevailing University guidelines for contract research.
14.2.3 The owners of intellectual property have the right to make all the decisions concerning the development and use of their property, including commercial use, as long as such decisions are consistent with the Universitys research policy and contractual constraints that may apply in individual cases by the application of Article 14.2.1.
14.2.4 No creator is obliged to engage in commercial exploitation. The creator is free to publish or use other means to place the intellectual property in the public domain as an alternative to the provisions contained herein.
14.3 The Universitys Licence
The University has a non-exclusive, royalty-free, fully paid-up licence to use for non-commercial educational and research purposes, all intellectual property developed by Members as part of their employment at Queens.
14.4 Commercial Exploitation and Protection of Patentable Intellectual Property and Computer Software:
14.4.1 Members who wish to exploit the commercial potential of patentable intellectual property and computer software, must report, in writing, to the Vice-Principal (Research) prior to seeking protection or commercialization.
14.4.2 (a) Following the disclosure to the Vice-Principal (Research), if PARTEQ is a suitable vehicle for the exploitation of the intellectual property, it shall have an exclusive opportunity for sixty (60) days to make a proposal for exploitation acceptable to the creator. Any disclosure shall be kept in confidence by PARTEQ and the University. The creator has no obligation to accept a PARTEQ offer.
(b) Unsuitability of PARTEQ shall be based upon:
i. an inadequate capacity to undertake the exploitation in an expeditious manner; or
ii. insufficient prior experience with the type of intellectual property or with the types of exploitation which are likely to yield a good return for such intellectual property.
(c) Any dispute as to whether PARTEQ is a suitable vehicle for exploitation of specific intellectual property is grievable under Article 17 of this Agreement.
14.5 Commercialization Through PARTEQ
14.5.1 If the creator elects to use the services of PARTEQ and PARTEQ agrees to commit its resources to protection and commercialization, the sharing of net revenues will be in accordance with the business practices of PARTEQ, as approved by its Board of Directors.
14.5.2 All agreements between Members and PARTEQ made after ratification of this Agreement shall contain a provision for the settlement of disputes between PARTEQ and the Member by arbitration, with the costs to be divided equally. The University undertakes to make all reasonable efforts to assist in the resolution of such disputes. Any periodic review of the relationship with PARTEQ by the University shall take fully into account the level of satisfaction of the Members who have contracts with PARTEQ.
14.5.3 Creators have the right to withdraw from agreements with PARTEQ under certain circumstances:
(a) where the restrictions associated with the exploitation are interfering with the ability of the Member to pursue the Members scholarly research, and the creator agrees not to seek subsequently to exploit the intellectual property for commercial purposes; or
(b) PARTEQ has failed to bring appropriate skills and effort to bear on the exploitation over a period of time.
14.5.4 The applicability of Article 14.5.3 may be the subject of a grievance under Article 17. In the case of Article 14.5.3 (a), the Member is not obliged to repay the disbursements of PARTEQ. In the case of Article 14.5.3(b), the Member shall arrange for PARTEQ to be reimbursed for its disbursements. The Member shall then be reassigned the title and beneficial interest in the intellectual property.
14.6 Commercialization by Independent Action
14.6.1 If the creator elects to protect or exploit intellectual property without PARTEQ and if PARTEQ was a suitable vehicle for such exploitation, and if the creator receives any net proceeds of exploitation, the University shall, in lieu of costs, receive twenty-five per cent (25.0%) of any net proceeds of exploitation exceeding five hundred thousand dollars ($500,000.00) for any piece of such intellectual property.
14.6.2 All costs recovered under Article 14.6.1 by the University shall be paid to a fund at the University to be used exclusively for direct support of research by Bargaining Unit Members.
14.6.3 The Association shall receive yearly accounts of the fund described in Article 14.6.2 and its disbursements.
FRAUD AND MISCONDUCT IN ACADEMIC RESEARCH AND SCHOLARLY
ACTIVITY
15.1 General
This Article pertains to academic activities related to Members employment at the University and to academic activities in which a Member has identified an affiliation with Queens University.
15.2.1 Fraud and misconduct in academic activity includes, but is not limited to:
(a) fabrication, falsification, or plagiarism;
(b) failure to recognize by due acknowledgement the substantive contributions of others, including students, or the use of unpublished material of others without permission, or the use of archival materials in violation of the rules of the archival source. (This applies to the unattributed use of any work produced by others in all formal and informal teaching materials.);
(c) failure to obtain the permission of the author before making significant use in any publication of new information, concepts or data obtained through access to manuscripts or grant applications during the peer review process;
(d) attribution of authorship to persons other than those who have participated sufficiently in the work to take public responsibility for its intellectual content;
(e) submission for publication of articles originally published elsewhere except where it is clearly indicated in the published work that the publication is intended to be a republication;
(f) material failure to meet other relevant federal or provincial statutes or regulations for the protection of researchers, human subjects, or the health and safety of the public, or for the welfare of laboratory animals;
(g) material failure to meet other relevant legal requirements that relate to the conduct or reporting of research and scholarly activity;
(h) failure to reveal material conflict of interest to sponsors or to those who commission work, or when asked to undertake reviews of research grant applications or manuscripts for publication, or to test products for sale or for distribution to the public.
15.2.2 Nothing in Article 15.2.1 shall be construed to restrict the academic and artistic freedom of creative artists.
15.2.3 Factors intrinsic to the process of academic research and scholarly activity such as honest error, conflicting data, or differences in interpretation or assessment of data or of experimental design or practice do not constitute fraud or misconduct.
15.3 Retention of Research and Scholarly Materials
15.3.1 Members shall only be responsible for providing an arbitrator access to research and scholarly activity materials which are in their possession and not for research materials which may be stored in Archives, libraries or other institutions which the employer may consult at its expense and according to the rules of the host institution.
15.3.2 (a) Normally, Members shall retain research and scholarly activity materials that are within their personal control for five (5) years.
(b) No Member shall be dismissed for fraud or misconduct in academic research and scholarly activity when the Member cannot reasonably defend her/ himself because the means of proof is no longer available because of the effluxion of time.
15.4 Procedures
15.4.1 All allegations of fraud or misconduct in academic activity shall be in writing, with documented evidence, signed, dated and forwarded to the Principal. The Principal may refer the allegations to a designate.
15.4.2 The Principal or designate shall investigate the allegations in accordance with the provisions of Article 18.
15.4.3 No person consulted by any party concerning the case shall be appointed an arbitrator in any subsequent arbitration dealing with these allegations.
15.4.4 A statement from the University that a Member was guilty of fraud or misconduct in academic activity, with or without any formal sanctions as provided in Article 18, constitutes discipline and may be arbitrated. Any discipline imposed on a Member for fraud or misconduct in research and scholarly activity shall be subject to Article 17.
15.4.5 If the matter is referred to an arbitrator, the University shall bear the onus of proving just and sufficient cause. The arbitrator shall have the power to vary the penalty imposed by the University.
15.4.6 Any finding of fraud or misconduct in academic activity shall require clear, cogent and convincing proof of actual dishonest purpose and intent or reckless disregard for the likelihood to mislead.
15.4.7 If the University decides after investigation not to take disciplinary action against the Member named in the allegations or if an arbitrator decides in her/his favour, the University shall remove all documentation concerning the allegations from the Members Official File, and shall, at the sole discretion of the Member, destroy the documentation or transfer it to the Member, except that it shall retain any arbitration report which shall be a public document.
15.5 The University shall take such steps as may be necessary and reasonable to:
(a) protect the reputation and credibility of Members wrongfully accused of fraud or misconduct in academic activity, including written notification of the decision to all agencies, publishers, or individuals who were informed by the University of the investigation;
(b) protect the rights, positions and reputations of Members who in good faith make allegations of fraud or misconduct in academic activity, or whom it calls as witnesses in an investigation. Such protection shall include the provision of legal counsel and the payment of other reasonable legal and related costs should the Member be sued for her/his participation in any investigation or in arbitration proceedings;
(c) minimize disruption to the research of the person making the allegation and of any third party whose research may be affected by the securing of evidence relevant to the allegation during the course of the investigation; and
(d) ensure that any disruption in research, teaching or community service resulting from allegations of fraud or misconduct does not adversely affect future decisions concerning the careers of those referenced in (a) to (c) above.
15.6 The University shall, where practicable, take disciplinary action against employees or students who make unfounded allegations of fraud or misconduct in academic research and scholarly activity misconduct which are reckless, malicious or not in good faith.
15.7 If the Universitys investigation or the arbitrator sustains an accusation of fraud or misconduct in research, and if that research is funded by an outside agency or has been published or submitted for publication, the Principal shall inform the agency or publisher concerned of the decision, as well as the Association and the complainant and respondent. In any event, if the outside agency or publisher has been informed of the proceedings before a judgment has been rendered, the Principal shall send a copy of the decision of the University administration to the agency or publisher concerned.
CONFLICT OF INTEREST/CONFLICT OF COMMITMENT
16.1 Conflict of Interest
16.1.1 For the purposes of this Article, immediate family member means a spouse, partner, parent, child or sibling.
16.1.2 An actual or apparent conflict of interest arises when a Member is placed in a situation where his or her personal interest, financial or other, or that of an immediate family member or of a person with whom there exists, or has recently existed, a personal, intimate relationship, conflicts, or appears to conflict, with his or her responsibility to the University as defined in Article 27. Members are expected to avoid actual conflicts and apparent conflicts of interest.
16.1.3 No Member shall knowingly participate in any decision that directly and preferentially benefits the Member, or any individual with whom the Member has an immediate familial, sexual or financial relationship, except in accordance with the provisions of Article 16.1.4.
16.1.4 The existence of an actual or apparent conflict of interest does not necessarily preclude the involvement of the individual in the situation where the conflict has arisen, or may arise, but it does require that the conflict be formally disclosed in writing to the person to whom the Member reports before any action or decision is taken. Where the person to whom the Member reports also has an interest in the matter, the disclosure shall be made in writing to the person at the next level of authority.
16.1.5 The person to whom the Member reports, following the receipt of the disclosure under Article 16.1.4, and after consultation with the Member and any other appropriate persons, shall determine whether a conflict, actual or apparent, exists, and shall determine an appropriate way to deal with the actual or apparent conflict of interest.
16.1.6 The resolution of the matter by the individual to whom the person reports shall be made in writing. Where no resolution of the matter is made at this level, the matter will be referred to the next higher level of authority for a decision.
16.2 Relations with Students
(a) Without limiting the generality of the above, Members shall not accept additional remuneration for tutoring any student enrolled in the University where such tutoring relates to the students course or program at the University.
(b) Members who become involved in personal, intimate relationships with students with whom they have a supervisory or evaluative relationship have an obligation to disclose this relationship in accordance with Article 16.1.4.
(c) A Member who has an evaluative relationship with a student shall not employ that student in certain capacities (e.g. under contract, as a consultant, as an employee of a company in which the Member has a financial interest), without disclosure to, and the prior approval of, the Head of the Unit, as per Article 16.1.4. Members are not obligated to disclose the employment of a student as a research or teaching assistant.
(d) Members should not assign students to research projects sponsored by a business in which the Member or a member of his/her family has a financial interest without disclosure to the student, and disclosure and prior approval of the Head of the Unit.
16.3 Contractual and Financial Matters
16.3.1 Notwithstanding Article 16.1.4, a Member who has any interest, direct or indirect, in any contract, transaction, proposed contract or proposed transaction under consideration by the University and is part of the decision-making process shall:
(a) declare the nature and extent of the interest as soon as possible and no later than the meeting at which the matter is to be considered;
(b) refrain from taking part in any discussion or vote in relation to the matter;
(c) withdraw from the meeting when the matter is being discussed.
16.3.2 In particular, and without limiting the generality of the foregoing, unless specifically authorized by the Vice-Principal (Academic) or designate, after full written disclosure of the conflict, a Member shall not:
(a) with University funds or with funds administered by the University, knowingly authorize the purchase of equipment, supplies, services or real property from a source with which the Member, or any individual with whom she/he has an immediate familial, sexual or financial relationship, has a material financial interest;
(b) engage any individual with whom the Member has an immediate familial, sexual or financial relationship in any capacity for which remuneration comes from University funds or from funds administered by the University.
GRIEVANCE AND ARBITRATION
17.1 General
(a) The Parties agree to use every reasonable effort to resolve grievances arising from this Agreement informally, amicably and promptly. All exchanges of information, communications, and offers of settlement shall be kept confidential and shall be without prejudice.
(b) A grievance is any dispute or difference arising out of the application, interpretation, administration, or alleged violation of the provisions of this Agreement.
(c) The Association may assume any individual or group grievance at any stage. No individual or group grievance shall proceed to Step 2 unless it has been assumed by the Association and the Association commences the Step 2 process.
(d) Any settlement, withdrawal or abandonment of an individual or group grievance by the grievor(s) prior to Step 2 without the Associations consent shall be without prejudice to the Associations right to assume the grievance and shall not be binding on the Association or set any precedent with respect to similar circumstances. Copies of any such settlements shall be delivered by the University to the Association within five (5) working days.
17.2 Types of Grievances
(a) Individual grievance: an individual Member grieves against the University;
(b) Group grievance: two (2) or more Members join together to grieve against the University for the same or similar reason, or based on the same or similar event, transaction or decision;
(c) Association grievance: the Association grieves against the Universitys interpretation, application, administration or alleged violation of this Agreement;
(d) University grievance: the University grieves against an action of the Association.
17.3.1 Informal Grievance Process
Prior to proceeding to a Step 1 Grievance, a Member may, with or without the assistance of the Association, seek informal settlement.
Within fifteen (15) working days of an event, transaction, decision, or the end of a set of circumstances, or fifteen (15) working days from the date the grievor(s) knew or ought reasonably to have known of the relevant event, transaction, decision or set of circumstances, the grievor(s) may seek informal settlement of a grievance with or without the assistance of the Association.
Attempts at an informal settlement of a grievance shall proceed expeditiously and without prejudice.
If either Party makes an offer to settle the grievance informally, the other Party shall respond within five (5) working days.
If at any point in the Informal Grievance Process either Party or the Member determines that the informal process has failed, a formal notification of intention to proceed to Step 1 process may be filed pursuant to Article 17.4.1.
If the grievance is settled by the Informal Process all decisions, agreements and resolutions shall, if the Parties agree, be committed to writing.
Any settlement committed to writing shall, to the extent possible, preserve the privacy of the Member, and shall be without prejudice and shall not constitute a precedent. The terms of the settlement shall be lodged in the Office of the Vice-Principal (Academic) and the Association, and access to it shall be limited.
17.4 Step 1
17.4.1 Within fifteen (15) working days of an event, transaction, decision, or the end of a set of circumstances, or fifteen (15) working days from the date the grievor(s) knew or ought reasonably to have known of the relevant event, transaction, decision or set of circumstances, or ten (10) working days from the failure to reach an informal settlement under Article 17.3.1, the grievor(s) shall file a written Notice of Intention to Grieve with the University. The Notice of Intention to Grieve shall be in the form prescribed in Appendix B to this Agreement and shall set out the event, transaction, decision, or set of circumstances which are the subject matter of the grievance. The University shall notify the Association within two (2) working days of receipt of the notice.
17.4.2 (a) Within ten (10) working days of the receipt of Notice of Intention to Grieve, the University shall, after consultation with the grievor(s) and the Association, schedule and convene a Step 1 meeting. At the Step 1 meeting shall be the relevant University administrative officer with the jurisdictional authority to resolve the grievance, the official whose actions or decisions are the subject matter of the grievance, and the grievor(s). The Association shall send up to two (2) representatives unless it waives its right of participation by written notice to the University delivered prior to the Step 1 meeting. The University may send one (1) other representative if it chooses. The representative of either the University or the Association who attends a Step 1 meeting with the authority to resolve the grievance shall not be a person who has made or participated in the making of any decision which has led to the grievance. By the agreement of the Parties, the Step 1 meeting may comprise only the relevant University administrative officer with the jurisdictional authority to resolve the grievance and the Associations designated grievance officer.
(b) No more than five (5) working days prior to the Step 1 meeting, the University, the grievor(s) and the Association, if it participates, shall, upon request, disclose all relevant documents. Disclosure is subject to a claim of confidentiality made by the participant who possesses the document or has it within her/his power, custody and control. A claim of confidentiality can be made by the participant who possesses the relevant document or has it within his/her power, custody and control if the disclosure might result in prejudice to another person or persons.
(c) The purpose of the Step 1 meeting is to resolve informally the issue raised by the grievance. The meeting, if it is not by mutual agreement continued on a later date, shall end with a memorandum which either sets out the terms of resolution, or records the end of the meeting without resolution. If either Party concludes that a Step 1 meeting in progress is not contributing to the resolution of the matter, that Party can end the meeting, and the outcome of the Step 1 meeting shall be recorded as without resolution, as provided for above. The memorandum shall be signed by the grievor(s), a representative of the University and a representative of the Association, if it participated. If the Association did not participate, a copy of the memorandum must be delivered to it by the University within two (2) working days.
17.5 Referral to Step 2
17.5.1 If Step 1 does not resolve the issue, the Association has twenty (20) working days within which to file with the University a Notice of Intention to Proceed with Step 2.
17.5.2 The request for arbitration shall contain details of the grievance, the specific provision(s) or interpretation of the Agreement that allegedly has been violated, and the relief sought from the Arbitrator.
17.6 Step 2 Arbitration
17.6.1 Upon receipt of a Notice of Intention to Proceed to Step 2, the University and the Association shall select an Arbitrator by mutual consent, or failing that shall select an Arbitrator by the method of alternating challenge from the list of Arbitrators in Appendix C to this Agreement. The procedure can be repeated if the selected Arbitrator cannot accept the appointment.
17.6.2 The Parties, prior to the appointment of the Arbitrator, shall indicate the expected duration of the hearing in days.
(a) the arbitration shall commence within sixty (60) days;
(b) the expected number of days needed to complete the arbitration shall be scheduled within a mutually agreeable time;
(c) the Parties intend that the award should be delivered within sixty (60) days of the completion of the evidence, unless the particular complexity of the evidence or issue(s), or other unusual circumstances warrant an extension;
(d) no bill shall be rendered by the arbitrator until the final award has been delivered.
17.6.4. Pre-hearing Stage
17.6.4.1 The Parties agree to encourage any reasonable steps which will expedite a fair hearing including:
(a) a pre-arbitration hearing chaired by a Mediator under Article 17.9 or any other person agreed upon by the Parties for the purpose of discussing the issues and reviewing proposed lists of witnesses and exhibits to be delivered by both Parties, with a view to narrowing the issues and reducing the number of witnesses by agreement; and
(b) attempting to agree to a statement of some or all of the facts necessary to present the grievance where credibility is not in issue.
17.6.5 Powers of the Arbitrator
17.6.5.1 The arbitrator shall have the following powers:
(a) to adjudicate all differences between the Parties, including the question of arbitrability of an issue, and the power to determine all questions of fact or law that arise;
(b) all the powers of an arbitrator as set out in ss. 48 (12) and (13) of the Ontario Labour Relations Act, as they existed on June 1, 1996, or as amended;
(c) to mediate the issue between the Parties at any stage in the proceedings with the consent of the Parties. If mediation is not successful, the arbitrator retains the power to determine the issue by arbitration;
(d) to admit, in the interest of a fair and expeditious hearing, only evidence that is relevant and any objection to relevance must be determined by ruling;
(e) to admit evidence that would not be admissible in a court of law but only if the arbitrator determines that the evidence is relevant, reliable and its probative value outweighs any prejudice which its admission might produce;
(f) to determine the rules of procedure which shall be just and equitable, and intended to provide a fair and expeditious hearing;
(g) to determine at the commencement of the Step 2 arbitration a disputed claim of confidentiality made under Article 17.4.2 (b);
(h) to grant such interim orders, including interim relief, as the arbitrator considers appropriate except for interim re-instatement;
(i) to make such orders or give such directions in proceedings as the arbitrator considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process; and
(j) where the arbitrator determines that a Member has been dismissed or disciplined for cause but the Agreement does not contain a specific penalty for the infraction that is the subject matter of the grievance, to substitute such other penalty that seems just and reasonable in all the circumstances.
17.7 Costs of the Arbitration
17.7.1 Each Party shall bear the expenses of its representatives, participants, and witnesses and of the preparation and presentation of its own case. The costs of the arbitration, consisting of the fees and expenses of the Arbitrator, shall be borne equally by the Parties.
(a) In the case of a successful grievance against the termination of a Members employment, or a successful grievance where the Arbitrator finds that the members academic freedom or rights of non-discrimination have been violated and certifies that this finding is central to the resolution of the grievance, the costs of the arbitration shall be borne entirely by the University. A successful grievance is one in which the Arbitrator grants in the full the remedy sought by the grievor or grants substantial relief and expressly finds that the grievors position has been vindicated.
(b) The costs of the arbitration for a grievance found to be frivolous or vexatious shall be borne entirely by the grieving Party.
(c) If the primary issue in any grievance is the failure of a Party to perform an obligation under this Agreement to deliver data or information, and the Arbitrator finds that the Party failed, without reasonable justification, to perform its obligation, the costs of the arbitration shall be borne entirely by the unsuccessful Party.
(d) If the subject matter of a grievance involves a process under this Agreement and the Arbitrator finds that:
i. adequate notice, as required by the Agreement, was not provided, or was not provided within a reasonable time; or
ii. an undertaking was breached,
and that material prejudice resulted there from, the Arbitrator shall have the power to award the fees and expenses of the Arbitrator, fully or in part, to the successful Party. No award of costs can be made unless the Parties have been given an opportunity to address the cost issue.
17.7.2 The University shall provide space on campus for the conduct of an arbitration hearing. If a hearing is held off campus at the request of the Arbitrator and with the agreement of both Parties, both Parties shall share any costs related to the use of off-campus facilities equally.
17.8 Procedural Defects
17.8.1 The Parties to a grievance may agree to extend any time limits specified in this Article. The Arbitrator shall have the power to relieve against non-compliance with any time limit.
17.8.2 A request to extend the time limit in Article 17.5 for a period of not more than fifteen (15) working days shall not be unreasonably refused.
17.8.3 No minor technical or clerical violation in the grievance procedure or any document required by it shall prevent a grievance from being heard on its merits or affect the jurisdiction of the Arbitrator.
17.9 Mediation
17.9.1 At any point in a grievance process, the grievor(s) or the University may request mediation of the dispute. The other Party has five (5) working days to indicate its consent to the mediation. Mediation will only proceed if both the grievor(s) and the University consent. A request for mediation does not, without the mutual consent of the Parties, extend the time available to commence a Step 2 proceeding.
17.10 Grievance Protection
17.10.1 A Member who has exercised his or her right to grieve under this Article shall not be subject to retribution.
DISCIPLINE
18.1 General
18.1.1 A Member may be disciplined only for just and sufficient cause, and only in accordance with the provisions of this Article.
18.1.2 A Member may not be disciplined for violation of a rule, regulation or instruction unless that rule, regulation or instruction has been promulgated and communicated by the appropriate authority and does not violate this Collective Agreement.
18.1.3 Disciplinary processes must be kept distinct from academic assessments. In particular:
(a) The fact that a disciplinary measure has been imposed or is contemplated cannot be considered in an academic assessment, but the findings which resulted, or may result, in the imposition of discipline can be considered if relevant to the academic assessment.
(b) The existence of an academic assessment, or findings arising from an academic assessment cannot lead to discipline unless the steps preceding discipline provided for in this Article, including notice and investigation, have been followed.
18.2 Forms of Discipline
18.2.1 The Parties accept that discipline shall be progressive with the aim of being corrective; the appropriateness of any disciplinary measure rests on both the cause and upon any relevant prior imposition of discipline.
18.2.2 The only disciplinary measures that may be taken by the University against a Member are the following:
(a) written warning or reprimand
(b) suspension with pay
(c) suspension without pay
(d) dismissal
18.2.3 Dismissal means the termination of appointment before the end of the Members contract.
The standard for dismissal shall only be gross misconduct, incompetence or persistent neglect of academic duties. Gross misconduct includes a pattern of serious misconduct.
Suspension means relieving a Member of all University duties and some or all of the Members University privileges for cause without her or his consent.
18.2.4 A written warning or reprimand must be specific and must be clearly identified as being a disciplinary measure.
Any record of a written warning or reprimand shall be removed from a Members Official File after forty-eight (48) months from the date of the alleged infraction provided that no subsequent discipline has been imposed within that period. After removal, such discipline cannot be offered in aggravation of penalty in a subsequent disciplinary proceeding.
18.3 Representation
18.3.1 All disciplinary measures are grievable. In all matters of discipline, a Member shall be entitled to be represented or accompanied by a person appointed for that purpose by the Association. In all cases, the burden of proof is on the University.
18.4 Investigative Process
18.4.1 The Dean, Vice-Principal or Principal may investigate any allegation about a Member if she or he reasonably believes that a situation may exist that would warrant disciplinary proceedings against the Member. The investigation is not a disciplinary matter. The mere fact of an investigation is not grounds for grievance although a Member may grieve whether the conduct of the investigation conforms to Articles 18.4.1 and 18.4.2 respectively. A Members privacy shall be respected during an investigation although it is understood that some revelation of the allegation may be unavoidable in order not to seriously compromise the investigation. The conduct of all or part of such investigations may be delegated to appropriate persons. Where an investigation respecting an allegation about a Member is required, the person leading the investigation shall be an individual who has had no previous decision-making authority respecting it.
If the alleged facts occurred more than six (6) months before the allegation was received by the Dean, Vice-Principal or Principal, the University shall normally not investigate and the matter shall be considered closed. However, for serious reasons, including, but not limited to, safety concerns, the acquisition of evidence not previously available, a continuing pattern of conduct, the request by the Member who is the subject of allegations, or the requirements of any external funding agency, the University may, in its discretion, investigate the matter, and, if warranted, discipline the Member.
18.4.2 As soon as practicable after commencing an investigation, the Dean, Vice-Principal or Principal:
(a) i. shall promptly and fully advise the Member in writing of the nature and substance of the allegation, and the scope of the investigation, including advising the Member of her or his right to seek advice from the Association, and inviting the Member to respond to the allegation in person or in writing or both as the Member sees fit. If the Dean, Vice-Principal or Principal invites the Member to meet to discuss the allegation, the invitation must be in writing and must allow the Member at least two (2) full working days to obtain advice or assistance from the Association;
ii. may only withhold information, or delay notification, if the Dean, Vice-Principal or Principal has reasonable grounds to believe that disclosure will produce a risk of harm to another person or that it will jeopardize the investigation. If there is any withholding or delay in notification on either of these grounds when the Member is first notified, the notice shall include notice of the withholding or delay and an explanation of the basis for it. No withholding of information or delay in notification can extend beyond the Article 18.4.2 (d) stage at which point all relevant information must be, or have been, disclosed;
(b) shall give due consideration to any suggestions or evidence from the Member which might expedite or simplify the investigation, or render it unnecessary; it is understood that any statement made by any person at this stage is without prejudice;
(c) shall take reasonable steps to maintain the confidentiality of the investigative process and its findings, until the imposition of discipline, if any, unless the Dean, Vice-Principal or Principal has reasonable grounds to believe that such confidentiality may place a person at risk of harm; and
(d) shall notify the Member of the tentative results of the investigation within five (5) working days of such results being known.
18.4.3 The notification of Article 18.4.2 (d) shall either advise the Member that discipline is not warranted and that no discipline will be imposed, or shall advise that a meeting should be convened to afford the Member an opportunity to make submissions, including documents or oral evidence, with respect to the tentative results of the investigation or any proposed discipline, before the investigation is closed and before any disciplinary measure is imposed. If the Head of the Unit has conducted part or all of the investigation, the Dean, Vice-Principal or Principal may invite the Head of the Unit to attend such meeting.
18.5 When the alleged cause is of a type for which a separate institutional policy exists, the procedures of such a policy should be followed to the extent that they are not in conflict with this Collective Agreement, but in the event that such a policy is inconsistent with this Collective Agreement and either the Complainant or Respondent is a Member, this Collective Agreement shall prevail.
(a) The University shall instruct all of the employees who have the responsibility to carry out any of these separate procedures to notify affected Members that they may in confidence seek the advice of the Association.
(b) The Parties agree to consult in order to identify the responsible employees referred to in paragraph (a).
18.6 Failure of a Member to grieve a written warning or reprimand shall not be deemed an admission of the validity of the warning or reprimand, provided that the Member has indicated in writing, within the time limits provided for initiating a grievance, that the Member is in disagreement with the warning or reprimand and does not waive any right to grieve any subsequent imposition of discipline for similar cause.
18.7 Only the Dean, or the Dean on the recommendation of the Head of the Unit, can suspend or dismiss a Member. Suspensions and dismissals take effect immediately except that if a Member grieves a suspension without pay, the Member shall continue to receive salary until the grievance is decided or the term of the Members employment contract has expired, whichever is the lesser period. In the case of dismissals based on grounds of incompetence or persistent neglect of academic duties, the Members salary shall be continued until the time available to initiate a grievance has passed. If a Notice of Intention to Grieve is filed, the Member shall continue to receive salary until the grievance is decided, or the term of the Members employment contract has expired, whichever is the lesser period. In the case of a dismissal based on the grounds of gross misconduct where a Notice of Intention to Assume the Grievance is filed by the Association, the Member shall receive salary until the grievance is decided or the term of the Members employment contract has expired, whichever is the lesser period.
In all discipline grievances, the Arbitrator is empowered to award any remedy considered just and equitable. If an award includes any monies owed to the grievor for salary, these shall be paid to the grievor with interest accruing from the date the salary should have been paid at a rate equal to two per cent (2.0%) above the prime rate at the Bank of Montreal.
18.8 Emergency Suspension with Pay
Notwithstanding the above, the University may suspend a Member with full pay and may relieve a Member of some or all of the Members duties and/or privileges in accordance with the provisions in Article 20.
HARASSMENT
19.1 The Parties consider harassment as described in the Universitys Harassment/Discrimination Complaint Policy and Procedure, ratified by the Board of Trustees on May 6, 2000, to be a serious offence which violates fundamental human rights, personal dignity and integrity.
19.2 Except as hereinafter provided, the Universitys Harassment/Discrimination Complaint Policy and Procedure (the Policy), attached as Appendix E forms part of this Agreement and applies to all Members of the Bargaining Unit. There shall be no amendments to the Policy insofar as it applies to the Members of the Bargaining Unit during the term of this Collective Agreement without the consent of the Association.
19.3 A Member is bound by the provisions of the Policy until such time as a formal hearing has been completed and a sanction, if any, has been imposed on the Member pursuant to the provisions of s.56 through 62 of the Policy.
19.4 The Member may either appeal the finding of harassment/discrimination and/or the sanction determined by the Complaint Board in accordance with the appeal procedures set out in the Policy or pursuant to the provisions of the grievance procedure set out in Article 17.
19.5 The Member shall, within two (2) weeks of the final disposition of the matter by the Complaint Board as set out in paragraph 71 of the Policy, advise the Secretary of the University in writing that the Member wishes to appeal and/or grieve the decision of the Complaint Board as to responsibility and/or sanction. In the event that a Complainant seeks to appeal the decision of the Complaint Board as to responsibility and/or sanction, the rights of appeal or grievance of the Respondent Member shall be held in abeyance pending the conclusion of the Complainants appeal.
19.6 Following the disposition of the Complainants appeal, if any, or the filing by the Respondent of a Notice of Appeal, the Respondent shall consult with the Association to determine whether the Association will support a grievance in respect of the finding of responsibility and/or sanction. Within two (2) weeks of the initiation of consultation with the Association, the Member shall advise the Secretary of the University as to whether the Member wishes to either continue with the appeal procedure under the Policy or to pursue a grievance under the provisions of this Collective Agreement. It is understood that the Member must choose one (1) procedure or the other in totality. It is further understood that no grievance may proceed to arbitration without the consent and support of the Association pursuant to Article 19 of the Collective Agreement.
19.7 In the event that a grievance is pursued with respect to the issue of responsibility and sanctions, the matter shall be dealt with de novo and no regard shall be had either in the grievance procedure or before the arbitrator to the evidence and arguments before the Complaint Board. In the event that the grievance is filed with respect to the sanction only, the Parties shall rely on the written Statement of Reasons produced by the Complaint Board pursuant to s.57 of the Policy. The Parties may, however, adduce any evidence and make any additional arguments in respect of the appropriate sanction to be imposed.
19.8 The arbitrator shall have full authority to make any determination with respect to fact and law that the arbitrator deems to be necessary and appropriate and to substitute any sanction ordered by the Complaint Board that the arbitrator determines to be just and equitable in the circumstances.
19.9 At any arbitration proceeding, a Complainant who is a Member is entitled to attend as an observer throughout the hearing and can make a final submission on the evidence personally or through counsel. This Complainant may, with the permission of the arbitrator, adduce relevant evidence in addition to that which has been adduced by the Parties if the arbitrator concludes that such evidence will assist the disposition of the matter.
19.10 In the event that a complaint against the Member is upheld following the grievance/arbitration procedure or the appeal procedure of the Policy, and the University takes disciplinary action against the Member, a record of the disciplinary action shall be placed in the Members Official File. In addition, all documents relating to the complaint shall be kept confidential by the Office of Human Rights.
19.11 In the event that the complaint against a Member is not upheld, which here shall mean that there is no finding of harassment or other misconduct whatsoever by the Member, no reference shall be placed or retained in the Members Official File and no regard may be had to the fact of the complaint in any proceeding or in any other consideration of rights, privileges or benefits of the Member. In the case of such an outcome, any documents in the possession of the University relating to the complaint shall be destroyed following the conclusion of the appeal and/or grievance/arbitration process except that the record of the finding of the appeal body or of the grievance/arbitration process shall be retained by the Human Rights Office. This record shall only be used for statistical or archival purposes and shall be kept confidential. The names of the complainants and respondents shall not be disclosed to anyone.
19.12 In all dealings with the University on matters of harassment, Members, whether complainants, respondents or witnesses, have the right to be represented or accompanied by someone of the Members choosing; at the Members option this may be someone appointed by the Association.
19.13 In the event of a conflict between this Agreement and the Policy, this Agreement shall take precedence.
PUBLIC SAFETY AND SECURITY: EMERGENCY SUSPENSION WITH PAY
20.1 Notwithstanding the provisions of Articles 18, the University may suspend a Member with full pay and may relieve a Member of some or all of the Members duties and/or privileges where:
(a) the University has reasonable and probable grounds to believe that the failure to take the action outlined herein would result in significant harm to a person associated with the University or University property; and
(b) the University has considered all reasonable alternatives; and
(c) the basis of the Universitys actions have been fully disclosed to the Association and the Member affected; and
(d) the Association and Member affected have been given reasonable opportunity to address the basis for such belief should they choose to do so and to suggest alternatives to the suspension; and
(e) the suspension of the Member under the provisions of this Article are for a period no longer than reasonably necessary to address the concern of the University in paragraph (a) hereof.
20.2 Notwithstanding the foregoing, the Universitys actions under this section shall be grievable under the provisions of Article 17. The University shall, in any such grievance, have the onus of establishing that it has met the conditions set out herein.
HEALTH SAFETY AND SECURITY
21.1 The University recognizes a responsibility to provide an environment which protects the health, safety and security of Members as they carry out their responsibilities. To that end, the University agrees:
(a) to maintain a committee on environmental health and safety with broad representation drawn from all sectors of the University, including at least one (1) person appointed by the Association;
(b) to cooperate with the Association in making those provisions which are reasonable for the safety, health and security of Members;
(c) to take those measures which are reasonable to protect the health, safety and security of Members;
(d) to take those measures which are reasonable to maintain the security of the buildings and grounds while at the same time maintaining reasonable access for Members who have a need for such access at times other than during regular working hours;
(e) to ensure that the Association has the right to appoint at least one (1) person to any representative committee whose terms of reference specifically include the health, safety and security of Members as they carry out their responsibilities; and
(f) to comply with the Occupational Health and Safety Act, R.S.O. 1990, c.0.1, as amended from time to time.
EMPLOYMENT EQUITY
22.1 In accordance with the Parties commitment to non-discrimination as contained in Article 9, and to the principles of employment equity, the University and the Association recognize that particular measures are required to promote equity in the employment of women, visible minorities, aboriginal people, persons with disabilities, persons of any sexual orientation or gender identity, and such other groups as may be designated by legislation.
22.2 Consistent with principles of employment equity, the Parties agree that:
(a) the primary criterion for appointment to positions at the University is academic and professional excellence; and
(b) no candidate shall be recommended who does not meet the criteria for the appointment in question.
22.3 Consistent with
principles of employment equity, the University is committed to eliminating
or modifying those human resource policies, practices, and systems, whether
formal or informal, shown to have an unfavourable effect on the appointment
and reappointment, including reappointment at a higher rank,
of members of designated groups.
22.4 The University shall utilize search procedures which require an active search for qualified members of under-represented groups, including:
(a) Postings for Sessional Adjunct positions shall include the following statement: The University invites applications from all qualified individuals. Queens is committed to employment equity and diversity in the workplace and welcomes applications from women, visible minorities, aboriginal people, persons with disabilities, and persons of any sexual orientation or gender identity.
(b) Other such measures as recommended by either Party or by the University Advisor on Equity, and agreed to by the Parties.
22.5 Consistent with the principle that the primary criterion for appointment to positions at the University is academic and professional excellence, the Parties agree that:
(a) when candidates qualifications are substantially equal and meet the criteria established for the appointment in question, in compliance with federal law, the candidate who is Canadian or a Permanent Resident of Canada shall be recommended for appointments; and,
(b) appointment committees shall take special care not to eliminate potentially strong candidates who are women, visible minorities, aboriginal people or persons with disabilities.
22.5.1 (a) In units where women, visible minorities, aboriginal persons or persons with disabilities are under-represented (using the diversity of the population of Canada as a benchmark), a candidate from the most under-represented of these groups as identified in the most recent report from the Office of the University Advisory on Equity for the Federal Contractors Program who fulfills the position requirements shall be offered the appointment, unless there is a demonstrably superior candidate.
(b) When there are two or more candidates from the most under- represented groups noted in Article 22.5.1 (a), and one of these
candidates who fulfills the position requirements is also from one of the other under-represented groups as identified in the most recent report
from the Office of the University Advisory on Equity for the Federal
Contractors Program, that candidate shall be offered an appointment,
unless there is a demonstrably superior candidate.
(c) If no candidate from the most under-represented group noted in Article 22.5.1 (a) is to be offered an appointment under Article 22.5.1 (a) and Article 22.5.1 (b), then a candidate from one of the other under-represented groups identified in the most recent report from the Office of the University Advisory on Equity for the Federal Contractors Program who fulfills the position requirements shall be offered the position, unless there is a demonstrably superior candidate.
22.6 Persons chosen to serve on appointment committees for Sessional Adjunct positions may only carry out such functions after successfully completing a familiarization and training workshop which shall cover the principles, objectives, recent history, best practices, and rules and institutional expectations with respect to employment equity. The program of such workshops shall be agreed between the Parties, with advice from the University Advisor on Equity.
22.7 One (1) member of each such committee shall have explicit responsibility for the committee adhering to the rules and expected practices which assure equity, as well as being responsible for reportage in this area to the JCAA. The Committee member charged with this responsibility shall be selected by the Committee, and shall be a person who understands and is sympathetic to the objectives of this Article. Persons with this responsibility will require training in excess of that foreseen in Article 22.5, unless waived by the Parties.
22.8 In the evaluation of candidates for appointment or reappointment, including reappointment at a higher rank, the criteria adopted must not systematically discriminate against members of designated groups and shall be reviewed periodically to ensure that they do not undervalue work which is done predominantly by members of the designated groups.
22.9 Candidates shall not be disadvantaged in appointment or reappointment, including reappointment at a higher rank, by reason of minor career interruptions caused by family responsibilities.
22.10 The University Advisor on Equity shall monitor the progress made in the Bargaining Unit and report her/his findings annually to the Parties. The report of the University Advisor on Equity shall document the progress made in
meeting the goals of Article 22.1 and Article 9.
23.1.1 Sessional Adjuncts are employed for instruction and evaluation in degree-credit courses.
23.1.2 (a) A Sessional Adjunct appointment is a limited term appointment, with academic rank, for a single academic session (Spring-Summer or Fall-Winter) or a portion thereof, or a single academic term (Spring, Summer, Fall or Winter) or a portion thereof.
(b) Appointment dates for teaching in the academic terms and sessions shall be as follows (unless adjusted for partial course responsibility):
Term Appointment dates
Spring May 1* June 30
Summer July 1 August 31
Fall September 1 December 31
Winter January 1 April 30
Session Appointment dates
Spring-Summer May 1* August 31
Fall-Winter September 1 April 30
* In years when the Spring term and Spring-Summer session begin before May I, the appointment will begin on the first day of the term or session.
23.1.3 (a) Members shall be appointed at one of the following ranks:
Professor Emeritus
Adjunct Professor
Adjunct Associate Professor
Adjunct Assistant Professor
Adjunct Lecturer
(b) Members will normally be appointed at the rank of Adjunct Lecturer if they have not yet earned a degree that is considered a prerequisite for a tenure-track appointment in the discipline.
(c) Members will normally be appointed at the rank of Adjunct Assistant Professor if they have earned a degree, usually a doctorate, that is considered a prerequisite for a tenure-track appointment in the discipline.
(d) Members will normally be appointed at the rank of Adjunct Associate Professor if they qualify for appointment at the Adjunct Assistant Professor rank and have a strong continuing record of teaching, and research and/or creative work, appropriate to the discipline.
(e) Members will normally be appointed at the rank of Adjunct Professor if they have a distinguished record in teaching, and research and/or creative work and/or professional experience.
(f) Members who have earned a degree, usually a doctorate, that is considered a prerequisite for a tenure-track appointment in the discipline shall not be appointed below the rank of Adjunct Assistant Professor.
23.1.4 Sessional Adjunct appointments at the rank of Adjunct Associate Professor or Adjunct Professor for the first time in a unit must be approved by the Principal.
23.1.6 Members holding an appointment under this Article may apply for an appointment which may lead to tenure, and their application shall not be prejudiced because of the nature and responsibilities of their current appointment.
23.2 Appointments Process
23.2.1 The availability of a Sessional Adjunct position shall be posted for ten (10) working days and circulated internally within a Department or Faculty and placed on the Department or Faculty website, except as noted in Articles 23.2.5 and 23.2.6.
23.2.2 Postings shall identify: the date of the posting, the academic term(s) or academic session(s), the unit, the course name and course number, the starting date and duration, the location (on/off campus), the course type (for example, lecture, seminar), the course level (introductory, upper-year, graduate), the approximate anticipated course enrolment, requirements for supervision of laboratory/practicum work, the qualifications for the appointment, the required application materials and the application deadline. No offer of appointment shall be made before the application deadline.
23.2.3 Notices for spring term, summer term and spring-summer session courses shall be posted on or before March 1; for fall term, winter term and fall-winter session courses on or before June 1; and for winter term courses still unfilled on or before October 15.
23.2.4 Posting after the dates provided in 23.2.3 may occur if a position becomes unexpectedly open due to the unavailability of an appointed Member or other faculty member, or due to the funding of an additional course or section or other unforeseen circumstances.
23.2.5 Posting of an available Sessional Adjunct position may be waived or the period of posting shortened should a position become open less than twenty (20) working days before the first day of the academic session or academic term in which the course is to be offered.
23.2.6 Where there is an opportunity to integrate a distinguished member of a professional community into the academic program of a Department or Faculty, the requirement to post the available Sessional Adjunct position is waived.
23.2.7 QUFA shall be notified of all appointments made under Articles 23.2.4, 23.2.5 and 23.2.6.
23.2.8 An applicant for a Sessional Adjunct position shall submit an application in writing to the Head of the Unit. The application shall include a complete and current curriculum vitae (CV), any other materials the applicant wishes to submit (such as a teaching dossier), and the names of two referees who may be contacted. An applicant who has held an academic appointment in the Unit in the twelve (12) months preceding a posting may apply for a posted position by submitting a letter of interest and referring to relevant materials in her/his Official File.
23.2.9 The Official File, including the record of employment, teaching and other evaluations, shall be provided to the Sessional Adjunct Appointments Committee when applicable.
23.3 Sessional Adjunct Appointments Committee
23.3.1 Each Unit shall have an advisory committee on the appointments of Sessional Adjuncts. This Committee shall be the Head of the Unit (or designate), and two elected members, one of whom shall have explicit responsibility for the Committee adhering to the rules and practices which assure equity as per Article 22.7.
23.3.2 The Sessional Adjunct Appointment Committee shall make recommendations for appointment to the Dean.
23.4 Criteria for Appointment
In reviewing applications, the Sessional Adjunct Appointments Committee and the Dean shall assess candidates in accordance with the criteria listed below:
(a) the applicant has the requisite academic qualifications for the position, i.e., the relevant academic degree or certificate, education in the academic specialty, other relevant qualifications including scholarship in the field, and/or relevant professional training or experience;
(b) the applicant has a good record of teaching as evaluated under Article 24;
(c) the applicant has teaching experience in the posted course or similar courses.
23.5 Letter of Appointment
23.5.1 The letter of appointment shall describe the Members responsibilities for the academic session or academic term for which he or she is appointed. The letter shall include the Members rank; the start and end dates of the appointment; identification of the course(s) which will be taught by the Member, the location of the course (s) (on/off campus), the type of course(s) (for example, lecture, seminar), the level of the course(s) (introductory, upper-year, graduate), the approximate anticipated enrolment for the course(s), requirements for supervision of laboratory/practicum work, the percentage(s) of the course(s) for which the Member will be responsible; the Members compensation for each course; and identification of any other assigned duties and the compensation for those duties.
23.5.2 Where a Member has agreed to a request from the Head of the Unit to perform other instructional and supervisory needs in relation to any academic program not covered by the Members original letter of appointment, the Member shall be appropriately compensated according to Article 29. The Members additional duties and compensation shall be outlined in a supplementary letter of appointment.
Refusal to assume such additional duties after an original letter of appointment has been issued shall not prejudice a Members eligibility for reappointment.
23.6 Reappointment
23.6.1 Sessional Adjuncts may or may not be offered reappointment. No one shall be denied reappointment for reasons that are contrary to Article 9 and Article 13.
23.6.2 A Sessional Adjunct who has taught a full (1.0) course or half (0.5) course at Queens as a Sessional Adjunct at least two (2) times over a minimum of two (2) academic years shall be offered reappointment to teach that full (1.0) or half (0.5) course in subsequent academic years, provided there is a record of good teaching as per Article 24 and satisfactory performance of assigned duties, based on at least two (2) evaluations as per Article 24, unless:
(a) the Member has been dismissed for cause or suspended for cause without pay for at least (1) month; or
(b) the course is being assigned to a Tenure-track/Tenured Member of Faculty or to a Continuing-track/Continuing/Initial/Renewable or Term Adjunct with a right of renewal; or to a Teaching Fellow who would not otherwise have an opportunity to teach as a Teaching Fellow as part of her/his graduate education; or
(c) the course is not being offered.
23.6.3 In cases where two or more Sessional Adjuncts have earned a right of reappointment for a specific course but fewer appointments than applicants are available, the following shall apply:
(a) The Sessional Adjunct with the longest record of teaching that course as an adjunct at Queens shall be appointed.
(b) If two or more Sessional Adjuncts have an equally long record of teaching that course as an adjunct at Queens, the Sessional Adjunct who has taught the course most recently shall be appointed.
23.6.4 For the purposes of this Agreement, prior teaching of a course as specified in Article 23.6.2 shall date from May 1, 2000.
23.6.5 No Member shall be denied the opportunity to teach an additional course or provide other services which the Member is demonstrably qualified to teach or provide solely to prevent the Member from becoming a Term Adjunct.
24.2 Evaluation of Teaching
24.2.1 Evidence of a Members teaching performance shall be reviewed by the Head of the Unit following each appointment. The assessment for each Member shall be based on:
(a) the University Surveys of Student Assessment of Teaching (USAT);
(b) the Teaching Dossier (if provided by the Member);
(c) any materials that are relevant in assessment of teaching and that have been placed in the Official File;
(d) any relevant materials the Member may choose to submit.
24.2.2 Data and statistical measures derived from the University Surveys of Student Assessment of Teaching (USAT) which conform to the provisions of this Article, and which have been placed in the Members Official File shall be used in the Universitys assessment of a Members teaching performance.
(a) In using the USAT in evaluating Members teaching, Heads and Deans shall consider, any relevant factor, including but not limited to, whether the course is elective or required, introductory or advanced, whether it is being taught for the first time, whether new or alternative teaching approaches are being used, the facilities available given the requirements of the course, the subject matter, and any issues related to Article 9.
(b) The USAT shall be administered through the Office of the University Registrar, and in such a way as to afford all the students in a given course or class a reasonable chance to respond. All questions shall conform to the requirements of Article 9 and Article 13.
(c) The scheduling of the USAT survey shall be determined by the Sessional Adjunct responsible for the course in consultation with the students on a date within the last three (3) weeks of the course and announced at least one (1) class in advance. In courses with multiple instructors, a separate survey shall be done for each instructor responsible for a major block of time. Such surveys may be grouped at the end of the course or administered at the end of the block given by an instructor to be assessed, as appropriate. The survey form shall be distributed and collected and returned by someone other than the Member, who shall leave the room during the surveying process. After the surveys have been completed, they should be placed in a sealed envelope. This envelope shall not be opened until the final marks for the class have been submitted to the appropriate administrative office.
(d) Quantitative responses to the questionnaires shall be sent to the Member, the Head and the appropriate Dean(s) after the data have been converted into a report and following the submission of final grades. Student responses to the Universitys questionnaire shall be aggregated in such a way as to present a fair and accurate picture of the opinions of the respondents. All responses to each question shall be aggregated, and the mean, standard deviation, frequency and number of eligible respondents shall be calculated.
(e) The USAT form shall not be signed by the student. Qualitative responses shall be sent only to the Member, and the University will take the appropriate measures to ensure that only the Member receives such responses.
24.2.3 In order to improve course design and/or teaching effectiveness, a Member may conduct a written evaluation of his/her teaching performance in his/her class(es), provided that the students consent to participate and provided that the procedures of the survey protect student confidentiality and are carried out in a way which prevents confusion with the USAT. A Members course evaluation is not for the same purposes as the USAT and shall not be used in its stead, in whole or in part. Nonetheless, a Members course evaluation may supplement other information about a Members teaching, provided that full details of the instrument and its administration are included.
24.2.4 Teaching Dossiers are intended to provide a description of a Members major teaching accomplishments and strengths in a manner that conveys the scope and quality of the individuals teaching. Responsibility for gathering and collecting the evidence for a dossier is the Members. The contents of the Teaching Dossier may include, but should not be restricted to, such items as the following:
(a) a statement of the Members philosophy, objectives and methods of teaching, including reference to institutional and departmental teaching goals;
(b) a list of undergraduate and graduate courses, including directed studies and thesis supervisions, taught by the Member;
(c) examples of course revision, curriculum development, and teaching methods such as evidenced by course outlines, assignments, final examinations and other materials the Member deems appropriate;
(d) a record of the Members role in curriculum and instructional developments such as administrative and committee service for the Department, Faculty, or Senate related to pedagogy, and including directing and coordinating programs, guest lectures, and other presentations;
(e) data from students including USAT and the Members Course Evaluation per Article 24.2.3, letters and testimonials;
(f) a record of the Members special contribution to teaching including teaching awards, publications and presentations, instructional development grants, participation in conferences and seminars on education/pedagogy, and other such evidence as the Member deems appropriate.
24.3 Evaluation of Non-Teaching Assigned Duties
24.3.1 If there are non-teaching assigned duties in the Members letter of appointment, the performance of these duties shall be reviewed by the head of the unit. Any relevant materials which the Member may wish to provide shall be considered in the review.
24.5 Exclusion of Individual Evaluative Material in Internal Academic Reviews
24.5.1 Evaluative material respecting individual Members of the Bargaining Unit shall not be included in the internal academic review reports. Accordingly, heads of Units and Chairs of Internal Academic Review Committees shall advise committee members of this requirement so that inappropriate comments are not included in such reports.
OFFICIAL FILE
25.1 General
25.1.1 All documents and materials in the possession of the University that relate to the employment status of, or the evaluation of the professional performance of a Member, shall be placed in an Official File established for that Member. The Official File shall be the only file used in decisions respecting any and all terms and conditions of employment of a Member. The documents constituting the Official File shall be the paper originals, or in the event the original document is received in facsimile or electronic form, an accurate paper copy.
25.1.2 The Official File shall be kept in the Office of the Dean of the Members Faculty in non-departmentalized Faculties. In the case of departmentalized Faculties, part of the Official File shall be located in the Office of the Dean and the other part in the Office of the Head. Together these two files in departmentalized Faculties shall constitute the Official File. The Official File shall be clearly marked as Confidential.
25.1.3 Copies of some or all of these materials may be used for normal University administrative purposes. Copies of these documents may be filed elsewhere for such purposes and any copies of documents shall be clearly marked as Confidential. All restrictions specified in this Article which apply to the Official File apply equally to all copies of the files.
25.2 Contents of the Official File
25.2.1 The Official File of each Member shall contain only material pertaining to the employment of the Member.
25.2.2 The documents and materials retained shall include, but are not limited to, materials such as the Members curriculum vitae, university transcripts, letters of application, references, salary and work history, student evaluations, disciplinary letters, commendatory letters, correspondence, curriculum vitae updates, and copies of materials reflecting professional development and achievement.
25.2.3 No anonymous material shall be kept in the Official File or submitted as evidence in any formal decision or action involving a Member except as provided in Article 25.4.
25.3 Examination and Copying of the Contents of the Official File
25.3.1 Within twelve (12) months following the ratification of this Collective Agreement, Members should visit the Office of the Dean in non-departmentalized Faculties or the Offices of the Dean and the Head of the Unit in departmentalized Faculties to ascertain and note the contents of their Official File.
25.3.2 Members have the right to examine the entire contents of their Official Files during normal business hours. The examination shall be carried out in the presence of a person designated by the Dean or Head of the Unit. If staff are not immediately available to oversee the process, the examination may be delayed to a time specified by the Dean or Head of the Unit, which will normally be before the end of the next working day. Members may be required to produce identification before access to their Official Files is granted. Members shall not remove their Official File, or parts thereof from the office where it is held. Members may, upon written request, obtain a copy of any document in their Official File to which they have a right of examination on a cost recovery basis. For documents that have not been copied to the Member, she/he shall be entitled to one (1) copy at no cost.
25.3.3 A record shall be kept of the names of all persons granted access to the Official File together with the date and the reason, except for those adding routine financial information or conducting routine file maintenance as provided for in Article 25.6. Such record shall be contained in the Official File.
25.3.4 If copies are made of documents in the Official File, a record shall be kept of which documents were copied, and where they were placed. It is understood that copying of documents containing only routine financial or administrative material that is not evaluative and that does not contain personal information which ought to be kept confidential, is not subject to such recording.
25.4 Information on Student Assessment of Teaching in the Official File
25.4.1 Numerical data and statistical measures from the University Surveys of Student Assessment of Teaching (USAT) shall be placed in the Official File.
25.5 Members Rights to Comment on Material in the Official File
25.5.1 The Member shall have the right to have included in her/his Official File written comments on the accuracy, relevance, meaning or completeness of the contents of the Members Official File. These comments may include supplementary documents considered relevant by the Member.
25.5.2 Members have the right to have removed from their Official Files material which is false, inaccurate or irrelevant to the purposes for which the Official File is kept.
25.5.3 The Member shall make an application in writing to the Head of the Unit who shall decide within twenty (20) working days whether the impugned material is false, inaccurate or irrelevant to the purposes for which the Official File is kept.
25.6 Addition of Information to the Official File
25.6.1 Members shall be informed in writing of any additions of material, excluding routine financial information, USAT evaluations, and routine file maintenance, to their Official Files within thirty (30) working days of such addition. No material shall be deleted from the file without the express written permission of the Member.
25.7 Release of Information from the Official File
25.7.1 None of the contents of the Official File shall be released or made available to any person without the express written consent of the Member concerned, except when required:
(a) for official university administrative purposes;
(b) for grievance and arbitration purposes;
(c) by this Agreement;
(d) by law.
Access to the contents of an Official File for (d) above shall be granted only to individuals who show proof that such access is required by law. Such access shall be granted only by the Vice-Principal (Academic) or someone designated by her/him in writing. The Vice-Principal (Academic) shall notify the Member concerned immediately, identifying the person or persons granted access and stating the legal reasons for granting this access unless such notification is prohibited by legal statute.
25.8 Archiving of the Official File
25.8.1 Members Official Files will be archived following a minimum of three years of continuous non-appointment at the University.
LEAVES
26.1 Bereavement and Compassionate Leave
26.1.1 In the event of a death in a Members immediate family, the Member shall be entitled to relief with pay from all duties for up to one week following the death. Immediate family is defined as spouse, common-law spouse, same- sex partner, child, sibling, parent, mother/father-in-law, grandparent or grandchild, foster parent, ward or any other individual close to the employee.
26.1.2 In the event of a serious illness or injury in a Members immediate family, the Member shall be entitled to relief from all duties for up to one week as compassionate leave with pay. Immediate family is defined as spouse, common-law spouse, same-sex partner, child, sibling, parent, mother/father-in-law, grandparent or grandchild, foster parent, ward or any other individual close to the employee.
26.1.3 Additional bereavement or compassionate leave with or without pay may be granted by the Head of the Unit.
26.2 Sick Leave
26.2.1 Members who are unable to carry out their assigned duties because of illness or accident are entitled to sick leave with pay for up to six (6) months or until the end of their appointment, whichever first occurs.
26.2.2 If a medical certificate is required to establish the state of the Members health, the Director of Human Resources shall request that the Member provide a certificate dealing with the Members ability to perform her/his responsibilities. If the Director of Human Resources has reason not to be satisfied, a second opinion may be sought from a physician agreed to by the University and the Member.
26.3 Child Care Leave
26.3.1 A Member who gives birth or is the biological or adoptive parent of an infant child is entitled to leave for any period provided by law.
26.4 Court and Related Leave
26.4.1 Upon application to the Members Unit Head, a Member shall be granted a leave of absence with pay when the Member:
(a) is called for jury duty; or
(b) is subpoenaed as a witness; or
(c) is required to attend court as a defendant, respondent or accused.
26.5 Members Status while on Leave
26.5.1 A Member shall continue to have the status of a Sessional Adjunct while on leave under this Article.
ACADEMIC RESPONSIBILITIES
27.1 General
27.1.1 Members are appointed to instruct and evaluate, individually or jointly, degree-credit courses as set out in their letter of appointment. Any other compensated duties shall be specified in their letter of appointment or amendment thereto.
27.1.2 Members shall meet their assigned duties in a professional manner.
Examples of obligations in instruction and evaluation include:
(a) performing assigned instruction, course design and evaluation duties;
(b) maintaining a positive learning environment in which the expression of differing points of view is encouraged;
(c) making good use of teaching time, through effective preparation, organization and use of materials, techniques and activities;
(d) being fair in relations with students and in grading of student assignments or in the assessment of research by students, including making criteria known; and
(e) being reasonably accessible to students for consultations, including regular accessibility on campus during a reasonable number of scheduled and publicized times.
27.1.3 Members participation in the collegial bodies of the University shall be voluntary and such service shall not be part of a Members academic responsibilities. Members may attend plenary meetings of the Unit in which they teach. Voting privileges for Sessional Adjuncts are established at the Unit level. Should a Member, at the request of the Principal, Vice-Principal, Dean or head of a Unit, agree to assume committee responsibilities, the Member shall be compensated at an appropriate rate. Refusal to assume such committee work shall not prejudice a Members eligibility for reappointment.
27.2 Freedom of Expression
27.2.1 In any exercise of freedom of expression, Members should not purport to speak on behalf of the University unless so authorized. An indication of affiliation with the University should not be construed as speaking on behalf of the University.
27.3 Place of Work
27.3.1 Normally, instruction takes place on the Queens campus. Members are not required to be on campus to fulfill their non-classroom responsibilities as outlined in this Agreement, whenever another location is appropriate for that purpose.
WORKING CONDITIONS
28.1 Within the framework of institutional resources, the University shall provide adequate facilities and support to enable Members to fulfil academic responsibilities as defined in Article 27.
28.2 While it is recognized that it may not always be possible to provide Members with private offices and telephones, every reasonable effort shall be made to provide such facilities, including an office, which may be shared, unless other working spaces suitable to their function are provided. If, for good reasons, it should prove impossible to provide office space, space for lockable storage of personal property will be provided, as will space for private meetings with students during a reasonable number of scheduled office hours.
28.3 Members shall be assigned a University e-mail address as soon as practicable after they accept an offer of employment This e-mail address shall be functional for eight (8) months following the end of the Members appointment, unless otherwise directed by the Head of the Unit.
28.4 Members shall be entitled to free access at an on-campus location with appropriate equipment to the Universitys computer system which will permit access to e-mail, QCAT, Web CT, and Internet services. The location may be in a private or shared space but shall allow for confidential communication.
28.5 It is recognized that Members need to send and receive mail at their Unit addresses. Postage relating to their assigned academic responsibilities shall be provided by the University, while duplication and office supplies for these purposes shall be provided by the Unit. As well, the Unit shall provide resources agreed to in advance by the Head of the Unit.
28.6 Members shall have reasonable access to the Universitys Library services, collections and facilities from the time they accept an offer of employment to up to eight months following the end of their appointment. Library access granted before and following the actual term of the appointment shall be arranged by a letter from the Head of the Unit to the Library.
28.7 The Universitys on-line directory shall include all Members for the duration of their appointment as set out in their letter of appointment.
28.8 Any Member who is required to travel away from the main or west campus for University teaching purposes shall be reimbursed for travel expenses on the basis of the Universitys Travel and Subsistence Policy as amended from time to time and available from the Office of Financial Services or at http://www.queensu.ca/fins/policies/travel_sub.html.
28.9 Members who reside more than seventy-five (75) kilometres from Kingston and who have been appointed as commuting adjuncts in their letters of appointment shall be eligible for reimbursement for certain bona fide travelling and accommodation expenses as set out in Appendix D, incurred because of their travel to Kingston to complete their duties for the University.
28.10 The Parties recognize that Members may incur expenses related to the duties identified in their letter of appointment. The University shall reimburse Members for such expenses to a maximum of one hundred and fifty dollars ($150) per half-credit (0.5) course equivalent. Members may claim reimbursement one time per academic term, at a time of their choosing, by submission of bona fide receipts to the Head of the Unit.
28.11 Members shall receive the same support by way of markers and teaching assistants as is available to tenure-track or tenured faculty in the Unit.
28.12 Within the constraints of the Universitys responsibility to make time tabling arrangements for its academic programs in a timely manner and according to the policies and practices established by the University Timetable Committee, the University shall make reasonable attempts to accommodate the requests of a Member concerning the scheduling of the Members teaching.
28.13 A fund of twenty thousand dollars ($20,000) per annum, to be known as the Fund for Scholarly and Professional Development (Sessional Adjuncts) shall be established. The Fund will provide support in the form of a research/professional development grant (provided as a research/professional development account) for research, scholarship, creative work and/or professional development undertaken by eligible Members. Members shall be eligible to apply for support from the Fund. The Fund shall be disbursed by a joint University-QUFA committee on the basis of submission of a proposal from the Member, outlining the Members plan for research, scholarship, creative work and/or professional development. Competitions shall be held three times per academic year, with proposals submitted by mid-May, mid-September and mid-January. The maximum annual award to a Member shall be one thousand five hundred dollars ($1,500). Unspent money in the Fund in any fiscal year shall carry forward for disbursement in the subsequent fiscal year.
COMPENSATION AND BENEFITS
29.1 Compensation
29.1.1 The minimum salary stipends per half-course for Sessional Adjuncts shall be as set out in Table A, following, with the exception of the practica courses noted in Table A, and for courses in Music or Continuing and Distance Studies.
The minimum stipend for a full-course shall be twice that of a half-course. Stipends shall be pro-rated for co-teaching appointments, based on the percentage of the course taught by the Member. Where more than one appointee is assigned to the course, the percentage responsibilities shall sum to one hundred per cent (100.0%).
Table A
|
Fiscal Year |
2003-04 |
2004-05 |
2005-06 |
|
Unit Workload |
Minimum Stipend per Half-Course Equivalent |
Minimum Stipend per Half-Course Equivalent (plus payment in lieu of benefits)
|
Minimum Stipend per Half-Course Equivalent (plus payment in lieu of benefits) |
|
2.5 full-courses (or more) |
$5,000.00 |
$5,000.00 + negotiated scale (plus 3.0% payment in lieu of benefits) |
2004-05 minimum + negotiated scale (plus 3.0% payment in lieu of benefits)
|
|
2.0 full-courses |
$5,632.00 |
$5,632.00 + negotiated scale (plus 3.0% payment in lieu of benefits) |
2004-05 minimum + negotiated scale (plus 3.0% payment in lieu of benefits) |
|
1.5 full-courses (or less) |
$6,843.00 |
$6,843.00 + negotiated scale (plus 3.0% payment in lieu of benefits) |
2004-05 minimum + negotiated scale (plus 3.0% payment in lieu of benefits) |
|
Practica: |
|
|
|
|
PHED 107, PHED 207, LAW 325 |
$2,816.00 |
$2,816.00 + negotiated scale (plus 3.0% payment in lieu of benefits) |
2004-05 minimum + negotiated scale (plus 3.0% payment in lieu of benefits) |
|
PRAC 190, PRAC 194 (per multiple of approximately 18 enrolments) |
$3,194.00 |
$3,194.00 + negotiated scale (plus 3.0% payment in lieu of benefits) |
2004-05 minimum + negotiated scale (plus 3.0% payment in lieu of benefits) |
All stipends, whether at the minimum level or higher, include:
(a) Vacation pay of four per cent (4.0%)
(b) An allowance for course-related administrative duties
29.1.2 Scale
Effective May 1, 2004, and May 1, 2005 the minimum stipends shall be increased by an annual scale increment, the amount of which shall be equal to that which is negotiated for the same year between QUFA and the University for Members of the Faculty, Librarians and Archivists Bargaining Unit.
29.1.3 Payment in Lieu of Benefits
Effective May 1, 2004, the minimum stipends shall be supplemented by a three per cent (3.0%) payment in lieu of benefits as shown in Table A. The payment in lieu of benefits shall be calculated as a percentage of that years minimum stipend.
29.1.4 Stipends Above the Minima
Individual negotiation, based on factors such as the Units hiring market, may determine an actual per course stipend for a Sessional Adjunct above the established minima. Stipends above the minima are not subject to scale increases as outlined in Article 29.1.2. Stipends above the minima are not subject to payment in lieu of benefits as outlined in Article 29.1.3.
29.1.5 Course Cancellation Payment
If a course is cancelled within two weeks of the start of the term or session in which it is scheduled, the Member shall be paid a course cancellation fee of one thousand dollars ($1,000), pro rata to a Members percentage responsibility for the course.
29.1.6 Additional Duties
Any additional duties for which compensation is paid, such as those in Article 23.5.2, and the agreed compensation for those duties, shall be outlined in a supplementary letter of appointment.
29.2 Child-Care Plan
29.2.1 Members with dependent children under the age of six (6) years shall be eligible for reimbursement of child-care costs as follows:
(a) Members must provide receipts by February 1 for expenses incurred during the previous calendar year.
(b) Reimbursement will be made only for child-care expense payments that meet the Canada Customs and Revenue Agency definitions for Child-Care Expense Deduction.
(c) Reimbursement will be made for each day that the Member has assigned teaching duties during the term or session.
(d) If both parents are eligible for a child-care benefit at Queens University, only one may claim a benefit for any one child under any one child-care benefit plan.
(e) The maximum reimbursement will be one thousand dollars ($1,000.00) per child annually, based on a calendar year. There are no carry-over provisions if the full one thousand dollars ($1,000.00) is not used in any given year.
(f) Eligible dependent children are natural, step, common-law, or adopted children or wards under the age of six (6) years.
29.2.2 The University shall establish an annual fund of thirty-five thousand dollars ($35,000.00) to cover the child-care claims provided by Article 29.2.1. Any surplus in the plan at the end of each calendar year shall carry forward to the subsequent year. Should the eligible claims exceed the total amount available per year then the amount per eligible claim shall be pro-rated. The participation rate, reimbursement levels, funding and administration of the plan shall be evaluated each year. The fund shall first be disbursed for expenses incurred in the 2004 calendar year.
NO STRIKES OR LOCKOUTS
30.1 The University shall not lock out Members of the Bargaining Unit, and the Association and its Members shall not strike, during the term of this Collective Agreement.
DURATION
31.1 This agreement shall be in force as soon as it is ratified by both Parties and shall remain in force until April 30, 2006. Except for the compensation provisions for 2003-04 which shall have effect retroactive to May 1, 2003, no provision of this agreement shall be retroactive, except where a separate agreement exists.
EXCERPT FROM THE STATEMENT ON ADJUNCT ACADEMIC STAFF AND ACADEMIC ASSISTANTS (LAST REVISED JUNE 23, 1994)
Approved October 19, 1984.
Revised January 24, 1991; December 17, 1992; and June 23, 1994.
Students registered at Queen's University are not subject to these regulations, but will be governed by the policy of the School of Graduate Studies & Research on Teaching Assistants.
Preamble
Queen's University employs many people who contribute to the academic activities of the University, but who do not hold an appointment under the Regulations Governing Appointment, Renewal of Appointment, Tenure and Termination. The background, qualifications and responsibilities of these people are exceedingly diverse, ranging from those who assist in marking assignments to those who have been responsible for teaching courses for many years. University policies divide the appointments held by these people into the following categories:
(a) adjunct academic staff, Group I,
(b) adjunct academic staff, Group II,
(c) continuing adjunct academic staff, Group III,
(d) academic assistants.
In this document, the mechanisms of appointment of adjunct academic staff members and academic assistants are set out. In addition, the rights and entitlements of members of the adjunct academic staff and academic assistants are specified.
I. Definitions
- A "member of the adjunct academic staff" means a person engaged to perform a prescribed and limited range of academic duties, principally teaching and principally part-time, which may include the responsibility to organize, plan and conduct courses independently or with only slight guidance from members of the regular academic staff.
The category of adjunct academic staff is in itself diverse and includes three major groups:
(a) Group I appointees. Persons, usually members of professions, who give their services to the University for some or no return; persons who normally teach fewer than the equivalent of two full courses per year for remuneration;
(b) Group II appointees. Persons who have served fewer than five years and who normally teach the equivalent of two or more full courses per year, or whose remuneration for teaching duties and related activities is more that 50% of the floor salary for a regular assistant professor; it also includes those whose teaching and related academic activities at the University comprise an annual workload equivalent to either of the groups noted immediately above.
(c) Group III appointees. Persons who have served five years or longer as Group II appointees, excluding one or more years of approved leave. The transition from Group II to Group III is set out in Part III (A) 3. and 4., below. An appointee hired after retiring from an appointment as a member of the regular academic staff at Queen's University is not normally eligible to become a Group III appointee.
- An "academic assistant" means a person who acts as an assistant to a member of the regular or adjunct academic staff and who performs such duties as tutoring, grading, lab assistance, and research assistance. Academic assistants will normally work under the direct supervision of a member of the academic staff.
- A "member of the regular academic staff" means a person who holds an appointment under the Regulations Governing Appointment, Renewal of Appointment, Tenure and Termination for Academic Staff (October 1979: Queen's Gazette, Supplement to Volume XI, Number 46, 20 November 1979).
The entire policy can be found at:
http://www.queensu.ca/secretariat/senate/policies/adjunct/index.html
NOTICE OF INTENTION TO GRIEVE PURSUANT TO ARTICLE 17.4.1
NOTICE OF INTENTION TO GRIEVE
NAME:
DEPARTMENT:
FACULTY:
POSITION/RANK:
I, ______________________ of _________________, do hereby give my notice of
Name Faculty/Unit
intention to grieve to the University. My reasons for doing so are noted below.
Reasons for Grievance:
(Please outline in detail the event, transaction, decision, or the end of a set of circumstances which you are grieving. Please append any materials you consider necessary).
_______________________
Signature of Member
_______________________
Date
LIST OF ARBITRATORS PURSUANT TO ARTICLE 17.6.1
LIST OF EIGHT (8) ARBITRATORS
PURSUANT TO ARTICLE 17.6.1
OF THE GRIEVANCE AND ARBITRATION ARTICLE
1. Kevin Burkett
2. Innis Christie
3. William Kaplan
4. Paula Knopf
5. Howard Snow
6. Susan Stewart
7. Ken Swan
8. Kevin Whittaker
COMMUTING ADJUNCT TRAVEL EXPENSE POLICY
1. Sessional adjuncts who reside more than seventy-five (75) kilometres from Kingston and who have been reappointed as commuting sessional adjuncts in their letters of appointment shall be eligible for reimbursement for certain bona fide travelling and accommodation expenses as set out below, incurred because of their travel to Kingston to complete their assigned duties for the University.
2. Claims for such bona fide expenses shall be supported by receipts, except as noted below. The following limits apply per trip:
Transportation:
(a) Train: Advanced Return Fare (five (5) days advance purchase). Regular Return Fare will be approved when the Advanced Return Fare ticket was not available, provided that the Member seeks such Advanced Fare Ticket prior to ten (10) working days before the required attendance, plus taxi fare to a maximum total of twenty dollars ($20.00) for transportation to and from the railway station; or
(b) Bus: Bus Fare plus taxi fare to a maximum total of twenty dollars ($20.00) for transportation to and from the bus station; or
(c) Car: claim amounts equivalent to Regular train fare (receipts not required).
Accommodation:
For Sessional Adjuncts who reside more than one-hundred (100) kilometres from Kingston: bed and breakfast: twenty dollars ($20.00) per night (receipts not required) or seventy dollars ($70.00) per night (receipts required).
3. Parking fees on or off campus are the Sessional Adjuncts responsibility.
4. Where a Sessional Adjunct Member is charged any fee for a change of train reservations, the University shall reimburse the Member when the change has been necessitated by unit requirements.
HARASSMENT/DISCRIMINATION COMPLAINT POLICY AND PROCEDURE
Harassment/Discrimination Complaint Policy and
Procedure
Approved by the Senate March 30, 2000
Ratified By the Board of Trustees on May 6, 2000
This document replaces the Harassment/Discrimination
Complaint Policy and Procedure
(1995)
TABLE OF CONTENTS
POLICY AND PROCEDURE
A. POLICY
B. PROCEDURE
I Statement On and Definitions of Harassment/Discrimination
Definition of Sexual Harassment
Definition of Race And Racism
Definition of Heterosexism
II Applicability of Procedure
Who May Utilize the Procedure
Involvement Of External Agencies
Members Of The Community
Reprisal
Residences
Emergency Action
Third Party Complaints
III Advisers - Appointment and Function
Appointment
Responsibilities of Advisers
Legal Assistance
Dispensing with Time Limits
Relations with Media
Respondents' Advisers
Responsibilities of Respondent Advisers
Training of Advisers
IV Complaint Procedure
Responsibility of Supervisorial Personnel
Initiation of Informal Procedure
Informal Settlement
Formal Complaints
Initiation of Formal Complaint
Critical Intervention
Time Limits
Holding Complaints in Abeyance
Establishing Jurisdiction Over Formal Complaints
Notice Of Complaints
Communications Between Complainant And Respondent
Settlement Process
Lapsing of Complaints
Mediation/Negotiation
Breach Of Settlement
Formal Hearing: Make-up of Complaint Board
Initiation of Hearing
Striking of Board
Challenges to the Composition of Board
Submission of Written Statements and Documentary Evidence
Withdrawal of Complaint
Convening the Board
Processing of Complaint by the Board
Disposition Of Complaints By Board
Supplementary Rules
Procedural Rulings
Time Limit Dispensations
Service of Documents
Legal Advice and Assistance to Board
Additional Parties
Privileged Communication
Appeals From Decision of the Board
V Review of Procedure
A. POLICY
Queens University believes in the necessity of providing safeguards for its members against harassment and discrimination. This includes harassment and discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, gender identification, sexual orientation, age, marital status, family status and handicap (disability). In addition, the University has the duty to do so under Ontario and Federal law. This duty is also met by special programs designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity or that are likely to contribute to the elimination of harassment and discrimination. Implicit in the duty not to harass or discriminate is a positive duty to accommodate.