ARTICLE 11 - Discrimination and Harassment Free Workplace

11:01    The parties acknowledge that the provisions of this Agreement shall apply to all members without discrimination, interference, restriction or coercion and, in carrying out their respective obligations and in exercising their respective rights under this Agreement; neither will they discriminate against any member because of race, creed, colour, age (except for retirement in accordance with the University Retirement Plan), sex, sexual orientation, gender identity, gender expression, marital status, family relationships (subject to Senate Policy and the terms of this Agreement), nationality, ancestry, place of origin, political or religious affiliation or belief, clerical or lay status, physical or mental disability (except where such disability would clearly prevent performance of the required duties), conviction for which a pardon has been granted, or membership or involvement in any lawful organization, nor will they engage in any other discriminatory practices prohibited by law.
 
    Notwithstanding the foregoing, the provisions of this Article may be superseded by programs and policies connected with or pursuant to Employment Equity Policies of the University or the Pay Equity Act or any other equity, human rights legislation, or other employment related legislation.

11:02    The parties are committed to providing a safe learning and work environment while maintaining a workplace that is free of discrimination and workplace harassment as required by the Occupational Health and Safety Act and as outlined in the University’s related policies and programs.

11:03    The definitions of workplace harassment, including workplace sexual harassment, as defined in the Occupational Health and Safety Act, R.S.O. 1990, c. O.1., and as referenced in the University of Windsor’s Harassment Prevention Policy and Program, shall be used for the purposes of Article 11.

11:04    Procedures for the fair and thorough treatment of complaints of workplace harassment, including workplace sexual harassment, as outlined in the University’s Workplace Harassment Prevention Program, shall include: 

•    an informal process for attempting to resolve the complaint; 
•    a process for filing a formal complaint if informal attempts at resolution have failed; 
•    a process for formally investigating, dealing with, and remedying such formal complaints.

11:05    If a member believes they have been harassed, as defined in Article 11:03, the member may take direct action by informing the individual who is the source of the behaviour that it is unwelcome and unwanted, and request that the individual stop the behaviour, and by documenting the events including the date, time, location, witnesses, and details; or

(a)    report the complaint to the Dean/University Librarian/Law Librarian and seek assistance in addressing the issue through the procedures outlined in the University’s Workplace Harassment Prevention Program. If the Dean/University Librarian/Law Librarian is the respondent to the allegation of workplace harassment, the member shall contact the Provost per the University’s Harassment Prevention Program; or

(b)    report the complaint to the Faculty Association and seek assistance in addressing the issue, or, at the discretion of the member and the Association, initiate a grievance under Article 39. Where the respondent is the person who would normally deal with any of the steps of the grievance procedure, the grievance shall automatically be sent forward to the next step.
11:06    When a complaint is made by or against a member, said member shall have the right to representation by the Faculty Association at all stages of the aforementioned complaint processes and, at the option of the member, the Faculty Association will be advised of the complaint.

11:07     Where the University wishes to appoint an external mediator or external investigator on a matter where the member is either complainant or respondent, the University shall advise the Faculty Association on such appointment.

11:08     Following any proceeding under the University’s Workplace Harassment Prevention Program, should the complaint remain unresolved, it may be pursued through the grievance procedure for resolution, without prejudice, commencing at Step 3. Complaints shall not be pursued through both the grievance and harassment procedures simultaneously.

11:09     Any findings under the University’s Workplace Harassment Prevention Program or under any other relevant University policy from which the University contemplates discipline against a member shall be dealt with in accordance with provisions in Article 59 and any other relevant Articles of this agreement, and is subject to the grievance and arbitration procedures in Article 39.