Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review. b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University. c. No appeal shall commence until all possible appeals are known. d. A member who intends to appeal the decision of the ▇▇▇▇▇▇▇ and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic. e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures. f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following: i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic; ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application. g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal. h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows: i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing. ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves. iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves. iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University. v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application. i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal. j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel. k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary. l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck: i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic; ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty); iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic; iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and v. all other relevant materials related to the case being appealed. m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above. n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal. o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel. q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel. r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing. s. If there is a change in advisor, or union representative, either within the ten
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review.
b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal the decision of the ▇▇▇▇▇▇▇ and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of immediately upon receipt of the Notice of Appeal, will provide a copy to the ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they he/she must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor and, if so, to identify the advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, and the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor within two (2) weeks of the Hearing Panel being struckreceipt of the Notice of Appeal:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. The member may review these dossiers in the office of the Secretary to the University and may request copies of any of these dossiers, in whole or in part. The Secretary to the University shall provide such copies in a timely manner. In the case of confidential letters, identifying names will be deleted prior to postingcopying. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, advisor and the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at At the end of the appeal processappeal, all materials obtained from the Secretary to the University will be returned to the Secretary for shredding. The Both the member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor and the advisor of the ▇▇▇▇▇▇▇ and Vice- Vice-President, Academic Academic’s advisor shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their his/her appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their his/her written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, member and the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative their advisors at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representativeadvisors, either within the tenten (10) days leading up to the Appeal Hearing, or during the hearing process, the other party has the right to require a ten (10) day adjournment of proceeding.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Appeal Procedures. a. An In instances in which an employee has not been awarded a performance incentive, the following shall be the sole and exclusive method for resolution: Level One: The employee must appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis within fifteen (15) working days after receipt of a de novo review.
b. Prior copy of the finalized evaluation which fails to grant a performance incentive. The appeal must be made in writing through the Union to the consideration head of the employing department or agency, setting forth the reasons the employee disagrees with the Employer's action, and the appeal must bear a postmark or date stamp showing that it has been timely filed. The head of the employing department or agency shall respond in writing within fifteen (15) working days after receipt of the appeal. Level Two: In the event the matter is not resolved at Level One, the Union may advance the appeal to the Director of the Division of Labor Relations. The appeal must be submitted in writing within fifteen (15) working days after the response at Level One is due or received, whichever is earlier, and must include all materials relevant evidence and arguments which the Union desires to be considered by the Director. The Director shall review the appeal in conjunction with the subject performance evaluation and any rebuttal thereto, the Level One appeal and response, pertinent related performance documents and statements, the employee's job description and class specification. The Director shall respond to the appeal in writing within fifteen (15) working days after receipt of the Level Two appeal. If the Director grants the appeal, the Appeals Committee Union and the employing department or agency shall meet be so notified concurrently, together with the rationale for the Director's determination. Level Three: In the event that the Director does not grant the appeal, the Union may advance the appeal to review the provisions of Articles 21 neutral third (Tenure and Promotion: Provisions For Full-Time Faculty3rd) and 21A (Tenure and Promotion Appeals). This review shall include discussion party selected in accordance with the procedures below by submitting a written request to the Director of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms Division of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal the decision Labor Relations within fifteen (15) working days after receipt of the ▇▇▇▇▇▇▇ denial at Level Two. The request may include additional argument in support of the Union's position, to which the Director may make a written response; neither party shall submit new evidence in conjunction with these written statements. The Director shall forward copies of the Level Two and Vice- President, Academic must file a Notice of Appeal with the Secretary Three appeals and responses to the University neutral third (3rd) party within ten fifteen (1015) working days of receiving the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the ▇▇▇▇▇▇▇ Union's request. The submission shall include all documents and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year written arguments reviewed by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
iiDirector at Level Two. all recommendations to Any dispute concerning the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each admissibility or relevance of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will performance related documents shall be determined resolved by the Appeals Committee that neutral third (3rd) party at such time as the appeal is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is receivedforwarded for final decision. The term of each member of the Hearing Panel neutral third (3rd) party shall be extended to the completion of the Hearing.
ii. In the case of an appeal from render a faculty member, the Hearing Panel shall be composed of five written decision and rationale within thirty (530) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration calendar days after receipt of the appeal. The independent counsel will decision shall be jointly selected binding and nonreviewable. Costs associated with the neutral third (3rd) party shall be borne equally by the University and the Union, subject to approval of the Hearing Panelparties.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representative, either within the ten
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review.
b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal the decision of the ▇▇▇▇▇▇▇ and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of immediately upon receipt of the Notice of Appeal, will provide a copy to the ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor and, if so, to identify the advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, and the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor within two (2) weeks of the Hearing Panel being struckreceipt of the Notice of Appeal:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. The member may review these dossiers in the office of the Secretary to the University and may request copies of any of these dossiers, in whole or in part. The Secretary to the University shall provide such copies in a timely manner. In the case of confidential letters, identifying names will be deleted prior to postingcopying. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, advisor and the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at At the end of the appeal processappeal, all materials obtained from the Secretary to the University will be returned to the Secretary for shredding. The Both the member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor and the advisor of the ▇▇▇▇▇▇▇ and Vice- Vice-President, Academic Academic’s advisor shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, member and the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, advisor immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative their advisors at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representativeadvisors, either within the tenten (10) days leading up to the Appeal Hearing, or during the hearing process, the other party has the right to require a ten (10) day adjournment of proceeding.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review.
b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals)1. This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to Any party affected by this policy may appeal the decision of the President of the Company under this policy. Notice of intent to appeal must be made in writing to the President of the Company and President of the Union (where applicable) within seven (7) days of receiving a written decision which is disputed.
2. Should a party choose to appeal the matter under this policy, the appeal will be to an outside Disputes Resolution Officer (DRO). This person will be selected from the list in Schedule B attached hereto. The persons listed here have agreed to serve in the capacity of resolving disputes arising from the harassment policy. Their appointment is hereby confirmed by the parties to this agreement. The decision of the DRO will be binding. Once finalized, the DRO will forward the decision to the President of the Company, the complainant, the (alleged) harasser and the President of the Union (where applicable), in writing. The decision will be implemented immediately. (Possible responses— see Schedule C attached.) This selection of Complaint Officers will enable employees at various levels involved in a dispute to choose someone from within the Company to investigate their complaint. The complainant may choose from any one or more of the Complaint Officers listed below. In the event that the Complaint Officer chooses to decline to hear the complaint, another Complaint Officer shall be chosen. The list of Complaint Officers will be changed only in consultation with the union.
1. ▇▇▇▇▇▇ ▇▇▇▇▇ 3. ▇▇▇▇▇ ▇▇▇▇▇
2. ▇▇▇▇ ▇▇▇▇▇▇▇▇ 4. TBD The parties agree that where issues are referred to the Disputes Resolution Officer under Appendix A of this document, the Disputes Resolution Officer shall be selected from the following on a mutually agreeable basis, between the complainant and Vice- Presidentthe (alleged) harasser. If this does not result in mutual agreement, Academic must file a Notice of Appeal then the selection to be mutually agreed to between the Union (where applicable) and the Company. In the event that mutual agreement is not possible, then the selection will be in rotation, starting with the Secretary first available on the list in this appendix. It is further agreed that in the second event, where mutual agreement fails to select a DRO, the University within ten (10) working days of receiving rotation shall start at the decision of the person next in line, on a first- available basis.
1. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and Vice-President, Academic.(LRB) 2. ▇▇▇▇▇ ▇▇▇▇▇▇
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the 2. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA(LRB) 4. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President(WCAT) If harassment has been identified, Academic made by each any one or more of the Faculty Tenure and Promotion Committees during following responses may be deemed to be appropriate in the current round of tenure and promotion consideration; and
iiicircumstance. This list is not intended to be exhaustive. • make changes in reporting structures • require a copy of verbal or written apology by the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application.
g. The Secretary harasser • issue a written warning to the University will convene a meeting of harasser • reassign (transfer) the Appeals Committee within one month of receiving harasser to another area • terminate the Notice of Appealharasser’s employment • require the harasser to undergo mandatory harassment awareness counseling.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representative, either within the ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review.
b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal the decision of the ▇▇▇▇▇▇▇ and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisoradvisors, or union representative, either within the ten
Appears in 1 contract
Sources: Collective Agreement
Appeal Procedures. a. An appeal dealing 21.1.11.1 UPTAC shall establish its own procedures, always provided that its procedures shall provide the Faculty Member who is appealing a decision of the PRC with a deferral or denial of tenure and/or full and fair opportunity to make a denial of promotion shall proceed on the basis of a de novo review.
b. Prior submission to the consideration UPTAC in support of all materials relevant to her/his appeal. These procedures may include interviewing the Member, who may be accompanied by a person of her/his choice; Chair of the Program; and the Chair of the PRC. In hearing an appeal, the Appeals Committee UPTAC shall meet to review consider:
(a) the provisions program of Articles 21 remediation devised by the PRC;
(Tenure and Promotion: Provisions For Full-Time Facultyb) and 21A the evaluation of progress made by the PRC;
(Tenure and Promotion Appeals). This review shall include discussion c) the submission of the criteria and evidence upon which tenure and promotion decisions are made and Faculty Member who is appealing the diverse forms of scholarship that exist across PRC’s recommendation; and
(d) Any new material the UniversityFaculty Member wishes to provide.
c. No appeal shall commence until all possible appeals are known21.1.11.2 Subject to the requirements of Article 21.
d. A member who intends 1.11.1 an appeal to UPTAC shall be initiated, conducted and decided in a timely way. Accordingly:
(a) The Faculty Member will provide her/his written submission in support of her/his appeal within five days after providing UPTAC with notice of her/his intention to appeal;
(b) The UPTAC will meet and adjudicate the decision of the ▇▇▇▇▇▇▇ and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University appeal within ten (10) working days of receiving the decision Faculty Member’s submission in support of her/his appeal;
(c) The UPTAC shall keep minutes of its meetings and they shall constitute the official record. The minutes shall be approved by the UPTAC and placed in the office of the ▇▇▇▇▇▇▇ and Vice-President. Included in the minutes shall be records of all of UPTAC’s proceedings, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, including recommendations and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide reasons for them as well as a copy to the ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list numerical record of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion considerationvotes; and
iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic(d) The UPTAC’s decision on each application.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel recommendation shall be extended to the completion of the Hearing.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve based solely on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described documentation in this Article, from faculty whose dossiers are used as part . The UPTAC’s recommendation shall include a written summary of an appealreasons for its recommendation specifying all reasons in support of and in opposition to the recommendation.
o. Within four (4) weeks 21.1.11.3 UPTAC may uphold the PRC decision to recommend dismissal, extend the period of being provided with all remediation, or find that the materials described in 21A.02 (l), the member shall provide written submissions to the Chair performance of the Hearing PanelMember is satisfactory, detailing thus ending the PRC process.
21.1.11.4 Nothing in this Article shall deprive the UPTAC of the authority to extend the time limits for initiating, conducting or deciding an appeal provided that there are reasonable grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Paneldoing so.
p. Within two (2) weeks 21.1.11.5 Should a member of UPTAC be unable to continue with her/his appointment to UPTAC the member providing their written submissions, Party first making the ▇▇▇▇▇▇▇ and Vice-President, Academic appointment shall provide have the right to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that appoint a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panelreplacement.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representative, either within the ten
Appears in 1 contract
Sources: Faculty Agreement
Appeal Procedures. a. An appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review.
b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal the decision of the ▇▇▇▇▇▇▇ and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten (10) working days of receiving the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of immediately upon receipt of the Notice of Appeal, will provide a copy to the ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at on July 1st following the time the Notice of Appeal member being in receipt of the ▇▇▇▇▇▇▇ and Vice- Vice-President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearingdecision.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this see Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representative, either within the ten
Appears in 1 contract
Sources: Collective Agreement
Appeal Procedures. a. An Notice of appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on (herein referred to as “the basis of a de novo review.
b. Prior appeal”) must be submitted to the consideration Secretary of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal the decision of the ▇▇▇▇▇▇▇ and Vice- President, Academic must file a Notice of Appeal with the Secretary to the University within ten six (106) working days weeks of receiving the decision of the ▇▇▇▇▇▇▇ and Vice-President, AcademicPresident regarding the member’s application for Promotion and/or Tenure. The appeal must include the grounds for such an appeal.
e. b. The Secretary of the University will send to the Appellant an acknowledgement of receiving the appeal, which will include reference to these procedures and notice that BUFA has a complete listing of the cases considered by the Promotions and Tenure Committee at the same time of his/her case.
c. The Secretary to the University will send to the member a written acknowledgement President of receiving the Notice of Appeal, University and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of receipt Chair of the Notice of Appeal, will provide a copy to the ▇▇▇▇▇▇▇ Promotions and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. Committee a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each applicationappeal.
g. d. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving by July 31st in the Notice of Appealyear in which the appeal is filed.
h. e. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) appeal as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at on July 1st following the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended letter to the completion of the Hearingmember.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of at least five (5) faculty members of the Appeals Committee Committee, who shall elect a chair from among amongst themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and at least three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among amongst themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panelhearing panel (see Article 22.08 (c)). If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another a member of the memberappellant’s Department department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application18.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representative, either within the ten
Appears in 1 contract
Sources: Collective Agreement
Appeal Procedures. a. An 1. Any party affected by this policy may appeal dealing with a deferral or denial of tenure and/or a denial of promotion shall proceed on the basis of a de novo review.
b. Prior to the consideration of all materials relevant to the appeal, the Appeals Committee shall meet to review the provisions of Articles 21 (Tenure and Promotion: Provisions For Full-Time Faculty) and 21A (Tenure and Promotion Appeals). This review shall include discussion of the criteria and evidence upon which tenure and promotion decisions are made and the diverse forms of scholarship that exist across the University.
c. No appeal shall commence until all possible appeals are known.
d. A member who intends to appeal grieve the decision of the Complaint Officer(s) or decision of the Vice-President (or President of the Company when applicable). Notice of intent to appeal or grieve must be made in writing to the Company President and President of the Union within seven (7) days of receiving a written decision which is disputed. It is agreed that should a party to the dispute choose to grieve the matter via the collective agreement, the grievance would proceed directly to the Joint Standing committee.
2. The President of the Company will take a further appeal to an outside Disputes Resolution Officer (DRO). This person will be selected from the list in Schedule B attached hereto. The persons listed here have agreed to serve in the capacity of resolving disputes arising from the personal harassment policy. Their appointment is hereby confirmed by the parties to this agreement. The decision of the DRO will be binding. Once finalized, the DRO will forward the decision to the complainant and the (alleged) harasser in writing. The decision will be implemented immediately. (Possible responses—see Schedule C attached). This selection of Complaint Officers will enable employees at various levels involved in a dispute to choose someone from within the Company to hear their complaint. The complainant may choose from any one or more of the Complaint Officers listed below. In the event that the Complaint Officer chooses to decline to hear the complaint, another Complaint Officer shall be mutually agreed upon. The list of Complaint Officers will only be changed in consultation with the union. If either a Vice-President or President is chosen as a Complaint Officer, the report shall be made to the opposite party under Section IV, Steps 8 and 9. COMPANY: UNION: ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Trail The parties agree that issues referred to the Disputes Resolution Officer under Appendix A of this document shall be selected from the following on a mutually agreeable basis, between the complainant and Vice- Presidentthe (alleged) harasser. If this does not result in mutual agreement, Academic must file a Notice of Appeal then the selection to be mutually agreed to between the union and the company. In the event that mutual agreement is not possible, then the selection will be in rotation, starting with the Secretary first available on the list in this appendix. It is further agreed that on the second event where mutual agreement fails to select a DRO, the University within ten (10) working days of receiving rotation shall start at the decision of the person next in line, on a first available basis. The union and company agree to share costs equally for Disputes Resolution Officers when resolving members’ disputes.
1. ▇▇▇ ▇▇▇▇▇▇ 4. ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇
2. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and Vice-President, Academic.
e. The Secretary to the University will send to the member a written acknowledgement of receiving the Notice of Appeal, and the acknowledgement will set out the Appeal procedures.
f. The Secretary to the University, within two weeks of receipt of the Notice of Appeal, will provide a copy to the (LRB) 5. ▇▇▇▇▇▇ ▇▇▇▇ (WCB RB) 3. ▇▇▇▇▇▇▇ and Vice-President, Academic and BUFA. In addition, BUFA will be provided with the following:
i. a complete list of all applications considered in that year by the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. all recommendations to the ▇▇▇▇▇▇▇ and Vice-President, Academic made by each of the Faculty Tenure and Promotion Committees during the current round of tenure and promotion consideration; and
iii. a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s decision on each application(WCB RB) 6.
g. The Secretary to the University will convene a meeting of the Appeals Committee within one month of receiving the Notice of Appeal.
h. The Appeals Committee will strike a Hearing Panel to hear the appeal(s) as follows:
i. The Hearing Panel will be determined by the Appeals Committee that is in place at the time the Notice of Appeal of the ▇▇▇▇▇▇▇ and Vice- President, Academic’s decision is received. The term of each member of the Hearing Panel shall be extended to the completion of the Hearing.
ii. In the case of an appeal from a faculty member, the Hearing Panel shall be composed of five (5) faculty members of the Appeals Committee who shall elect a chair from among themselves.
iii. In the case of an appeal from a professional librarian member, the Hearing Panel shall be composed of two (2) professional librarian members and three (3) faculty members, all of whom are from the Appeals Committee, who shall elect a chair from among themselves.
iv. In the case of an appeal dealing with promotion to Librarian IV, a current Librarian IV should serve on the Hearing Panel. If there is no Librarian IV on the Appeals Committee, the President of the University and the President of the Union shall jointly appoint a Librarian IV to serve on the Hearing Panel. If there is no available Librarian IV at the University, the President of the University and President of the Union shall jointly appoint a Librarian IV external to the University.
v. The Hearing Panel must not include the following: (a) another member of the member’s Department or Centre; (b) a person for whom there exists a conflict of interest as defined in Article 18 (Conflict of Interest); or (c) any person who served on the Faculty Tenure and Promotion Committee that reviewed the application.
i. The Secretary to the University will appoint a secretary to the Hearing Panel. Because the secretary to the Hearing Panel is an employee of the University, and therefore an employee of one of the parties to the appeal, they must not provide the Hearing Panel any opinion about appeals procedure or the matter under appeal.
j. If deemed necessary by the Hearing Panel, the University will provide independent counsel to the Hearing Panel to assist in the consideration of the appeal. The independent counsel will be jointly selected by the University and the Union, subject to approval of the Hearing Panel.
k. The member shall notify the Secretary to the University if they intend to be assisted and/or represented by the Union and the ▇▇▇▇▇▇▇ and Vice-President, Academic shall notify the Secretary to the University if they intend to be assisted and/or represented by an advisor. In the case of an Indigenous member, an Indigenous Elder or Traditional Knowledge Carrier/Keeper may additionally accompany the member with notification to the Secretary.
l. The Secretary to the University will make the following information available to the Hearing Panel, the member, the member’s union representative, and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, within two (2) weeks of the Hearing Panel being struck:
i. a copy of the decision of the ▇▇▇▇▇▇▇ and Vice-President, Academic;
ii. copies of all minutes of the applicable Tenure and Promotion Committee pertaining to the case being appealed, including the general instructions to the Committee as per Article 21.33 (Tenure and Promotion – Provisions for Full-time Faculty);
iii. the member’s complete file as considered by the ▇▇▇▇▇▇▇ and Vice- President, Academic;
iv. the dossiers of all of the candidates considered for tenure and/or promotion at the same time as the member; and
v. all other relevant materials related to the case being appealed.
m. Dossiers processed by all Faculty Committees on Tenure and Promotion in the same year as the member’s application for promotion or tenure will be made available in an electronic format to the member through the Secretary to the University. In the case of confidential letters, identifying names will be deleted prior to posting. The member will treat the material and information from the dossiers, whether copied or not, as confidential, and may only discuss such information with their union representative, the Hearing Panel, and if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper. Members of the Hearing Panel will destroy any copies of the materials at the end of the appeal process. The member’s union representative, and, if applicable, their Indigenous Elder or Traditional Knowledge Carrier/Keeper, and the advisor of the ▇▇▇▇▇▇▇ and Vice- President, Academic shall be granted access to the dossiers identified above.
n. The parties acknowledge that access to dossiers of other candidates during an appeal is consistent with Article 36.06 (Access to Employee Files) and that the Union will not file complaints or grievances under Article 10 (Complaints, Grievances and Arbitration) concerning the use of dossiers, as described in this Article, from faculty whose dossiers are used as part of an appeal.
o. Within four (4) weeks of being provided with all the materials described in 21A.02 (l), the member shall provide written submissions to the Chair of the Hearing Panel, detailing the grounds for their appeal. The secretary to the Hearing Panel shall ensure that a copy of the member’s written submissions are provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
p. Within two (2) weeks of the member providing their written submissions, the ▇▇▇▇▇▇▇ and Vice-President, Academic shall provide to the Chair of the hearing Panel written submissions in response to the member’s written submissions. The secretary to the Hearing Panel shall ensure that a copy of the ▇▇▇▇▇▇▇ and Vice-President, Academic’s written submissions are provided to the member, the member’s union representative and, if applicable, the Indigenous Elder or Traditional Knowledge Carrier/Keeper, immediately upon receipt of the document by the Chair of the Hearing Panel.
q. Within two (2) weeks of the ▇▇▇▇▇▇▇ and Vice-President, Academic responding to the member’s written submissions, the member shall provide to the chair of the Hearing Panel a written reply addressing the issues raised by the ▇▇▇▇▇▇▇ and Vice-President, Academic. The secretary to the Hearing Panel shall ensure that a copy of the member’s written reply is provided to the ▇▇▇▇▇▇▇ and Vice-President, Academic immediately upon receipt of the document by the Chair of the Hearing Panel.
r. Written notice of the date of the Appeal Hearing shall be sent to all parties including any advisor and union representative at least ten (10) days prior to the Appeal Hearing commencing.
s. If there is a change in advisor, or union representative, either within the ten
Appears in 1 contract
Sources: Collective Agreement