My InfoUnionized student staff with teaching or research functions

Article 11 : no harassment

11.1 Principles

Each Employee has the right to work in an environment free of harassment and discrimination. Employees shall work in compliance with the obligations outlined in the Occupational Health and Safety Act. The Parties are responsible for fostering and maintaining an atmosphere free of harassment and discrimination at the University.

The values of University of Ottawa and Local 2626 of the Canadian Union of Public Employees uphold the practice of respect, fairness and courtesy and the importance of demonstrating human dignity within professional relationships. Success in the practice of these values will foster a safe and healthy workplace free of harassment.

11.2 Interpretation

The following definitions apply for the purposes of this Article and of Article 15.

Harassment: Harassment means engaging in a course of vexatious comment or conduct, that is known or ought reasonably to be known to be unwelcome. A single unwelcome incident, if serious enough, can be sufficient to support an instance of harassment. Harassment includes comments or conduct that intimidates, humiliates, undermines or dominates the other person by belittling, embarrassing or demeaning them or involves the use of abusive or threatening language. Harassment can be physical, psychological, verbal, visual or written, including but not limited to electronic media. It can involve individuals or groups. It may take the form of excluding an Employee from rights or privileges related to their employment and to which they are otherwise entitled and includes the threat of lodging a complaint as well as the threat of reprisals if a complaint as well as the threat of reprisals if a complaint is lodged.

Workplace harassment: Refers to harassment that occurs against an Employee in relation to this workplace. Workplace harassment does not include legitimate performance management of an Employee.

Prohibited grounds: Refers to the grounds listed in Article 10.1 and any other ground upon which discrimination is prohibited pursuant to the Ontario Human Rights Code.

Personal harassment: Refers to a form of harassment or sexual harassment that is not based on prohibited grounds.

Harassment on prohibited grounds: Refers to a form of harassment or sexual harassment that is based in whole or in part on one or more prohibited grounds.

Sexual harassment: Refers to a form of harassment that is deemed to include (but not restricted to) one or more of the following:

  • sexual solicitation or unwanted sexual attention from a person who knows or ought reasonably to know that such attention is unwanted;
  • implied or expressed promise of reward for complying with a sexually oriented request;
  • implied or expressed threat of reprisal or actual reprisal for refusal to comply with a sexually oriented request;
  • a sexual relationship which constitutes an abuse of power in a relationship of trust;
  • a sexually oriented remark or behaviour which may reasonably be perceived to create a negative psychological and emotional environment for work or study;
  • sexual violence (defined as: any sexual act or act targeting a person's sexuality, sex, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person's consent. It includes but is not limited to sexual assault, stalking, indecent exposure, voyeurism, sexual exploitation and rape).
  • Poisoned environment: The Parties acknowledge that a poisoned environment can develop where there is a course of vexatious conversation or conduct that may be reasonably perceived to create a negative psychological and emotional environment for work, including when the course of vexatious conversation or conduct originates in the sphere of study and has an impact on the workplace.

  • It may also mean a comment, conduct or surroundings based on grounds listed in the Code that create and maintain a negative, hostile, intimidating or offensive climate for work, including when such a comment, conduct or surroundings originate in the sphere of study and has an impact on the workplace. A single action can give rise to a poisoned environment.

11.3 Procedure

11.3.1 Any allegations of harassment and/or discrimination may be reported through the Employer's policies and procedures on Discrimination and Harassment and/or through the grievance procedure set out in Article 13 of the Collective Agreement.

In situations where a member elects to exercise their rights under both processes stated above, the Parties recognize that it would be generally beneficial to both Parties to place a grievance in abeyance until the completion of the Employer's process. The Union retains the right to decide whether they will proceed with regular grievance timelines or place their grievance in abeyance.

11.3.2 In the event where allegations are reported through the Employer's policies and procedures on Discrimination and Harassment has not resolved the issue(s), the Parties agree that the issue(s) may be advanced to arbitration, pursuant to Article 14. Issues will be understood to include issues of merit and issues of procedure.

11.3.3 At any point in the process of a complaint under the Employer's policies and procedures on Discrimination and Harassment, a grievance may be filed on procedural issues.

11.3.4 If a party to a complaint of harassment and/or discrimination under Policy 67a (Prevention of Harassment and Discrimination), Policy 67b (Prevention of Sexual Violence), Procedure 36-1 (Complaints of Harassment/Discrimination initiated by Students), and Procedure 36-2 (Complaints of Harassment/Discrimination initiated by employees), or under any related or successor policies, is an Employee under this Collective Agreement, the University shall notify them of their right to Union representation at any time in connection with the complaint. If the Employee elects to retain Union representation, the Union will have access to all relevant information.

11.3.5 If an Employee under this Collective Agreement is a party to a complaint made under Policy 67a (Prevention of Harassment and Discrimination) Policy 67b (Prevention of Sexual Violence), Procedure 36-1 (Complaints of Harassment/Discrimination initiated by Students), and Procedure 36-2 (Complaints of Harassment/Discrimination initiated by employees), or under any related or successor policies and does not elect to have Union representation, the University shall notify the Union of the existence of complaints and provide the following information once per year within two (2) months after the end of each Academic Year:

  • overall number of complaints involving a CUPE 2626 member,
  • category of discrimination and/or harassment, according to the definitions set out in Articles 10 and 11 and applicable policy, and
  • the prohibited ground on which the complaint is based, if any.

11.3.6 No penalty

There shall be no penalty, reprisal, intimidation, interference, threat, restriction, or coercion (express or implied) exercised against any Employee who exercises their rights under Policy 67a (Prevention of Harassment and Discrimination), Policy 67b (Prevention of Sexual Violence), Procedure 36-1 (Complaints of Harassment/Discrimination initiated by Students) and Procedure 36-2 (Complaints of Harassment/Discrimination initiated by employees), any related or successor policies, or under Article 13 of the Collective Agreement. Nor shall any Employee be expressly or impliedly dissuaded from exercising their rights under such policies or under Article 13 of the Collective Agreement.

11.3.7 Confidentiality

All Employees under this Collective Agreement who are a party to (or enquire into) a complaint/process under Policy 67a (Prevention of Harassment and Discrimination), Policy 67b (Prevention of Sexual Violence), Procedure 36-1(Complaints of Harassment/Discrimination initiated by Students) and Procedure 36-2 (Complaints of Harassment/Discrimination initiated by employees), or any related or successor policies, or under Articles 13 or 14 of the Collective Agreement have the right to confidentiality consistent with the University and the Union's need to respond appropriately to the situation. This means that information about the complaint is provided only to those who need to know in order to investigate and/or resolve the complaint. Where appropriate, the Employee has a right to be consulted before disclosure of any information is made and will be informed of any decision to disclose and to whom it was disclosed.

If a party to a complaint is an Employee under this Collective Agreement, the Union shall be considered as those who need to know. The Union shall maintain the confidentiality of information exchanged.

11.3.8 Interim Measures

Where a complaint/process under Policy 67a (Prevention of Harassment and Discrimination), Policy 67b (Prevention of Sexual Violence), Procedure 36-1(Complaints of Harassment/Discrimination initiated by Students), Procedure 36-2 (Complaints of Harassment/Discrimination initiated by employees), any related or successor policies, or under Articles 13 or 14 of the Collective Agreement has been initiated, an Employee under this Collective Agreement may request that interim measures be taken in order to stabilize the situation, pending the outcome of the complaint/process.

The Employee will not lose any wages, rights or benefits set out in this Collective Agreement as a result of this arrangement.

11.3.9 Policies

The Employer shall ensure that an up-to-date copy of Policy 67a (Prevention of Harassment and Discrimination), Policy 67b (Prevention of Sexual Violence), Procedure 36-1(Complaints of Harassment/Discrimination initiated by Students) and Procedure 36-2 (Complaints of Harassment/Discrimination initiated by employees), and any related or successor policies, are available in faculties and Units and on the University website and in other format upon request.

New Employees shall be made aware of the existence of these policies at the time that they are hired.