Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause: 19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports. 19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires. 19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇. 19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process. 19.3.5 At the end of the notice period, the ▇▇▇▇ shall either: (a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR (b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed. 19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding. 19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration. 19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association. 19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 36.1 The employment of an academic staff APT member may be terminated by reason of professional misconduct, wilful willful neglect of duties, gross misconduct, or incompetence as demonstrated by annual review reportsperformance reviews.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff 36.2 If an APT member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall notice in writing will be given notice in writing, at a meeting where a Faculty Association representative by the appropriate Director or equivalent that dismissal is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation being recommended to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. From A copy of the letter of notice will be sent to the Chair of the Faculty Association.
36.3 Seven working days from the date the such notice is given, the member may be relieved of all duties received by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests itmember, the President shall convene a meeting during inform the notice period specified APT member in 19.3.3 attended by writing that either the member (if available)dismissal action is discontinued, or that the ▇▇▇▇, APT member’s service is to be terminated seven working days hence. A copy of the department head (if applicable) and a representative President’s letter will be sent to the Chair of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance processAssociation.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff 36.4 The APT member in writing with a copy to and the Faculty Association that may enter a grievance after receipt of the action is discontinued OR
(b) formally recommend in writing President’s letter, but before the date of termination. However, upon written request to the President, with the Faculty Association may be given a copy seven day extension of the date for submission of a grievance if the circumstances warrant it. The grievance will be submitted at Stage Two of the grievance process. Failure to grieve within these time limits will constitute waiver of rights.
36.5 All correspondence to the academic staff APT member required by this clause will be delivered directly to the APT member when convenient, and in other cases will be forwarded by registered mail, air mail if necessary, to the last known address of the APT member. Copies of all correspondence to the APT member required by this clause will be forwarded to the Chair of the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal 36.6 The APT member may be suspended with or without pay by the President, upon the recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued appropriate Director or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campusequivalent, from the date of the President's letter is issued recommending dismissal. The suspension will be rescinded if the academic staff member is suspended with pay for twenty-one days. In cases of President discontinues the dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the periodaction. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) suspension continues until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restorationresolved.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- non-salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University College shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 21.1.4.1 The employment of an academic staff member may be terminated by reason of just cause, which includes but is not limited to professional misconduct, wilful neglect of dutiesduties and responsibilities, or incompetence as demonstrated by annual review reports.
19.3.2 21.1.4.2 Except in the case of professional gross misconduct, due warning in writing shall be given by the ▇▇▇▇ Vice-President (Academic) to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning warning, and where no further warnings have been issued during three years, the ▇▇▇▇ Vice-President (Academic) shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 21.1.4.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, writing that seven days from the date of the notice, notice the ▇▇▇▇ shall Vice-President (Academic) will formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ Vice-President (Academic) shall forward the notice by registered mail, airmail if appropriate, mail to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may shall be relieved of all duties by the ▇▇▇▇Vice-President (Academic).
19.3.4 21.1.4.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 21.1.4.3 attended by the member (if available), the ▇▇▇▇Vice-President (Academic), the department head (if applicable) head, and a representative of the Faculty Association Association, to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 21.1.4.5 At the end of the notice period, the ▇▇▇▇ Vice-President (Academic) shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued ORdiscontinued; or
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 21.1.4.6 Upon receipt of a formal recommendation from a ▇▇▇▇ the Vice-President (Academic) to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action member is proceedingdismissed.
19.3.7 21.1.4.7 In the case of dismissal for reasons other than professional gross misconduct and or unauthorized absence from campus, from the date of the President's letter the academic staff member is may be suspended with or without pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during During a suspension the a member may shall be relieved of all duties. If the academic staff member or the Faculty Association does not enter file a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is enteredfiled, the member remains suspended (continuing with pay or without pay as the case may be) member's suspension, if any, continues until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.224.1, while on suspension the member's non- non-salary benefits are not to be withheldwithheld while he or she is suspended. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall will assume payment of all costs, costs but if salary is subsequently restored the member shall will be charged the normal share of costs from the effective date of salary restorationsuspension.
19.3.8 21.1.4.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenientconvenient and, and in other cases cases, forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 21.1.4.9 Failure to act within the time limits set out above shall constitute waiver of rights except where rights. If a party, acting in good faithfaith and for sufficient cause, clearly was unable to do so. The onus is on meet these time requirements, the party violating the time limits to show cause why it was unable to act prior to the time that the action is now takendelay may be excused.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-twenty- one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- non-salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University College shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven calendar days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen calendar days, the Faculty Association may request an extension of seven calendar days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a the ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- non-salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University College shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set sets out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff 16.1 Subject to Article 16.6, no APT member may be terminated by reason dismissed except for just cause or under the terms of Article 17. An APT member may be dismissed for professional misconduct, wilful neglect of dutiesduties (including unauthorized absence from campus), gross misconduct, or incompetence as demonstrated by annual review reportsincompetence.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff 16.2 If an APT member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall notice in writing will be given notice in writing, at a meeting where a Faculty Association representative by the appropriate Out-of-Scope Head or Out-of-Scope Designate that dismissal is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend being recommended to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the appropriate Vice-President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. From A copy of the letter of notice will be sent to the President of the Association.
16.3 Seven calendar days from the date the notice such letter is givenissued, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the Vice-President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) will inform the academic staff APT member in writing with a copy to that either the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the dismissal action is discontinued or that the dismissal action APT member's service is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date to be terminated. A copy of the Vice-President's letter will be sent to the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date President of the Association.
16.4 The APT member and the Association may enter a grievance within a fourteen day period following the Vice-President's letter. At any time during a suspension However, the member Association, upon written application to Human Resources, may be relieved given a seven-day extension of all duties. If the academic staff member or the Faculty Association does not enter date for submission of a grievance within if the twenty-one day period, the member's employment is terminated circumstances warrant it. The grievance will be submitted at the end Stage II of the periodgrievance process. Failure to grieve during these time limits will constitute waiver of rights.
16.5 The APT member will be suspended with pay by the Out-of-Scope Head or Out-of-Scope Designate from the date the letter is issued recommending dismissal. The suspension will be rescinded if the Vice-President discontinues the dismissal action. If a grievance is entered, the member remains will continue to be suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld resolved. The member will have the option of retaining their benefits for the duration of the suspension. Premiums will be paid by the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to 16.6 Members With Term Appointments who have been Employed for Less Than One Year
16.6.1 An APT member who does not hold a permanent appointment and has been employed for less than one year may be dismissed for cause in accordance with the academic staff member required by provisions of this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty AssociationArticle 16.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 16.1 The employment of an academic staff APT member may be terminated by reason of professional misconduct, wilful willful neglect of duties, gross misconduct, or incompetence as demonstrated by annual review reportsperformance reviews.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff 16.2 If an APT member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall notice in writing will be given notice in writing, at a meeting where a Faculty Association representative by the appropriate Director or equivalent that dismissal is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation being recommended to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. From A copy of the letter of notice will be sent to the Chair of the Faculty Association.
16.3 Seven working days from the date the such notice is given, the member may be relieved of all duties received by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests itmember, the President shall convene a meeting during inform the notice period specified APT member in 19.3.3 attended by writing that either the member (if available)dismissal action is discontinued, or that the ▇▇▇▇, APT member’s service is to be terminated seven working days hence. A copy of the department head (if applicable) and a representative President’s letter will be sent to the Chair of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance processAssociation.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff 16.4 The APT member in writing with a copy to and the Faculty Association that may enter a grievance after receipt of the action is discontinued OR
(b) formally recommend in writing President’s letter, but before the date of termination. However, upon written request to the President, with the Faculty Association may be given a copy seven day extension of the date for submission of a grievance if the circumstances warrant it. The grievance will be submitted at Stage Two of the grievance process. Failure to grieve within these time limits will constitute waiver of rights.
16.5 All correspondence to the academic staff APT member required by this clause will be delivered directly to the APT member when convenient, and in other cases will be forwarded by registered mail, air mail if necessary, to the last known address of the APT member. Copies of all correspondence to the APT member required by this clause will be forwarded to the Chair of the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal 16.6 The APT member may be suspended with or without pay by the President, upon the recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued appropriate Director or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campusequivalent, from the date of the President's letter is issued recommending dismissal. The suspension will be rescinded if the academic staff member is suspended with pay for twenty-one days. In cases of President discontinues the dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the periodaction. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) suspension continues until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restorationresolved.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.in
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 19.1.4.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 19.1.4.2 Except in the case of professional misconduct, due warning in writing shall will be given by the ▇▇▇▇ or equivalent to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ or equivalent shall, upon request of the academic staff member, add a written note to the academic staff member's official file reflecting the academic staff member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three four years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a an academic staff member to the ▇▇▇▇▇ or equivalent, such material may be removed before the three- four-year period expires.
19.3.3 19.1.4.3 When it is to be recommended that an academic staff member be dismissed for cause, the academic staff member personally shall will be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall or equivalent will formally recommend to the President that the academic staff member be dismissed. In the event that it is not possible to personally present the academic staff member with the notice notice, the ▇▇▇▇ or equivalent shall forward the notice by registered mail, airmail if appropriate, to the last known address of the academic staff member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the academic staff member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the academic staff member may be relieved of all duties by the ▇▇▇▇▇ or equivalent.
19.3.4 19.1.4.4 If the academic staff member or the Faculty Association requests it, the President shall will convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process19.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:: 68
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the 69 President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.in
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a the ▇▇▇▇ to dismiss an 63 academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- non-salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University College shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set sets out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- non-salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University College shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.was
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.in
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff 5.1.1 A Faculty member holding a Limited Term, Probationary, or Tenured Appointment may be terminated by reason dismissed for cause for any one of the following three reasons: professional misconductincompetence, wilful neglect of extended refusal to perform contracted academic duties, or incompetence as demonstrated by annual review reportsmoral turpitude.
19.3.2 Except 5.1.2 If the charge of moral turpitude arises from a charge of sexual harassment, this case will be dealt with, in the case first instance, following the procedures outlined in the Sexual Harassment Policy & Procedures. If the Sexual Harassment Formal Hearing Panel recommends that the Faculty member be dismissed, this recommendation must be referred to the Rank and Tenure Committee by the University President for a formal dismissal procedure (see 5.2.1 - 5.5 below).
5.1.3 If the charge of professional incompetence arises from a charge of research misconduct, due warning this case will be dealt with, in writing shall the first instance, following the procedures outlined in the Integrity in Research Policy & Procedures. If the Committee on Research Integrity recommends that the Faculty member be given dismissed, this recommendation must be 2 In this section the word ‘terminated’ does not mean, nor should it be confused with, non-renewal of either a Limited Term or Probationary Appointment referred to the Rank and Tenure Committee by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add University President for a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expiresformal dismissal procedure (see 5.2.1 - 5.5 below).
19.3.3 When it 5.2.1 In a case where a Faculty member is to be recommended that an academic staff member be dismissed being considered for dismissal for cause, the member personally University has the right to suspend him or her immediately from all Faculty duties, pending disposition of the case.
5.2.2 In such circumstances, however, full salary shall be given notice in writing, at a meeting where paid until final disposition.
5.3.1 Dismissal for cause of a Faculty Association representative is presentmember shall be by means of a formal dismissal procedure.
5.3.2 A Faculty member may waive the right to a formal hearing, that seven days from in which case the date of University shall have the noticeright to make and announce its decision.
5.4.1 When there appear to be grounds for dismissal for cause, the Academic Vice President and ▇▇▇▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member charged with the responsibility of initiating the dismissal procedure and carrying it forward to completion.
5.4.2 Notice, in writing, shall be given the Faculty member of all the charges against him or her and the Rank and Tenure Committee shall be convoked within 30 days of such notice to hear the case. At such hearing the Academic Vice-President and ▇▇▇▇▇▇▇ shall forward the notice by registered mailbe neither Chair, airmail if appropriate, to the last known address of the member. Such mailed notice nor shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the she or he vote.
5.4.3 The Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of have the grounds for the recommendation right to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the Presidentpresent, with a copy to the academic staff member or without counsel, and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ present and to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twentycross-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheldexamine witnesses. If the member is suspended with payintends to have counsel present, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall notification must be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence provided to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act Committee 10 days prior to the time that hearing. The Committee may request the action is now takenservices of the University counsel.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff 16.1 Subject to Article 16.6, no APT member may be terminated by reason dismissed except for cause or under the terms of Article 17. An APT member may be dismissed for professional misconduct, wilful neglect of dutiesduties (including unauthorized absence from campus), gross misconduct, or incompetence as demonstrated by annual review reportsincompetence.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff 16.2 If an APT member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall notice in writing will be given notice in writing, at a meeting where a Faculty Association representative by the appropriate Out-of-Scope Head or Out-of-Scope Designate that dismissal is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend being recommended to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the appropriate Vice-President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. From A copy of the letter of notice will be sent to the Chair of the Association.
16.3 Seven calendar days from the date the notice such letter is givenissued, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the Vice-President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) will inform the academic staff APT member in writing with a copy to that either the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the dismissal action is discontinued or that the dismissal action APT member's service is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date to be terminated. A copy of the Vice-President's letter will be sent to the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date Chair of the Association.
16.4 The APT member and the Association may enter a grievance within a fourteen day period following the Vice-President's letter. At any time during a suspension However, the member Association, upon written application to Human Resources, may be relieved given a seven-day extension of all duties. If the academic staff member or the Faculty Association does not enter date for submission of a grievance within if the twenty-one day period, the member's employment is terminated circumstances warrant it. The grievance will be submitted at the end Stage II of the periodgrievance process. Failure to grieve during these time limits will constitute waiver of rights.
16.5 The APT member will be suspended with pay by the Out-of-Scope Head or Out-of-Scope Designate from the date the letter is issued recommending dismissal. The suspension will be rescinded if the Vice-President discontinues the dismissal action. If a grievance is entered, the member remains will continue to be suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld resolved. The member will have the option of retaining their benefits for the duration of the suspension. Premiums will be paid by the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to 16.6 Members With Term Appointments who have been Employed for Less Than One Year
16.6.1 An APT member who does not hold a continuing appointment and has been employed for less than one year may be dismissed for cause in accordance with the academic staff member required by provisions of this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty AssociationArticle 16.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.222, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenientmember, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The Electronic copies for the Faculty Association shall be delivered made available upon request by the member. Copies shall be provided to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 16.1 The employment of an academic staff APT member may be terminated by reason of professional misconduct, wilful willful neglect of duties, gross misconduct, or incompetence as demonstrated by annual review reportsperformance reviews.
19.3.2 Except in the case of professional misconduct16.2 If an APT member is to be dismissed for cause, due warning notice in writing shall will be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the appropriate ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it Director, or equivalent that dismissal is to be being recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. From A copy of the letter of notice will be sent to the Chair of the Faculty Association.
16.3 Seven working days from the date the such notice is given, the member may be relieved of all duties received by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests itmember, the President shall convene inform the APT member in writing that either the dismissal action is discontinued, or that the APT member’s service is to be terminated seven working days hence. A copy of the President’s letter will be sent to the Chair of the Faculty Association.
16.4 The APT member and the Faculty Association may enter a meeting during grievance after receipt of the notice period specified President’s letter, but before the date of termination. However, upon written request to the President, the Faculty Association may be given a seven day extension of the date for submission of a grievance if the circumstances warrant it. The grievance will be submitted at Stage Two of the grievance process. Failure to grieve within these time limits will constitute waiver of rights.
16.5 All correspondence to the APT member required by this clause will be delivered directly to the APT member when convenient, and in 19.3.3 attended other cases will be forwarded by registered mail, air mail if necessary, to the last known address of the APT member. Copies of all correspondence to the APT member required by this clause will be forwarded to the Chair of the Faculty Association.
16.6 The APT member may be suspended with or without pay by the member (if available)President, upon the recommendation of the appropriate ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attendingDirector, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campusequivalent, from the date of the President's letter is issued recommending dismissal. The suspension will be rescinded if the academic staff member is suspended with pay for twenty-one days. In cases of President discontinues the dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the periodaction. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) suspension continues until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restorationresolved.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 21.1.4.1 The employment of an academic staff member may be terminated by reason of just cause, which includes but is not limited to professional misconduct, wilful neglect of dutiesduties and responsibilities, or incompetence as demonstrated by annual review reports.
19.3.2 21.1.4.2 Except in the case of professional gross misconduct, due warning in writing shall be given by the ▇▇▇▇ Vice-President (Academic) to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning warning, and where no further warnings have been issued during three years, the ▇▇▇▇ Vice- President (Academic) shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 21.1.4.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, writing that seven days from the date of the notice, notice the ▇▇▇▇ shall Vice-President (Academic) will formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ Vice-President (Academic) shall forward the notice by registered mail, airmail if appropriate, mail to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may shall be relieved of all duties by the ▇▇▇▇Vice-President (Academic).
19.3.4 21.1.4.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 21.1.4.3 attended by the member (if available), the ▇▇▇▇Vice-President (Academic), the department head (if applicable) head, and a representative of the Faculty Association Association, to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 21.1.4.5 At the end of the notice period, the ▇▇▇▇ Vice-President (Academic) shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued ORdiscontinued; or
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 21.1.4.6 Upon receipt of a formal recommendation from a ▇▇▇▇ the Vice-President (Academic) to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action member is proceedingdismissed.
19.3.7 21.1.4.7 In the case of dismissal for reasons other than professional gross misconduct and or unauthorized absence from campus, from the date of the President's letter the academic staff member is may be suspended with or without pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during During a suspension the a member may shall be relieved of all duties. If the academic staff member or the Faculty Association does not enter file a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is enteredfiled, the member remains suspended (continuing with pay or without pay as the case may be) member's suspension, if any, continues until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.224.1, while on suspension the member's non- non-salary benefits are not to be withheldwithheld while he or she is suspended. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall will assume payment of all costs, costs but if salary is subsequently restored the member shall will be charged the normal share of costs from the effective date of salary restorationsuspension.
19.3.8 21.1.4.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenientconvenient and, and in other cases cases, forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 21.1.4.9 Failure to act within the time limits set out above shall constitute waiver of rights except where rights. If a party, acting in good faithfaith and for sufficient cause, clearly was unable to do so. The onus is on meet these time requirements, the party violating the time limits to show cause why it was unable to act prior to the time that the action is now takendelay may be excused.
Appears in 1 contract
Sources: Educational Services
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff 4.1.1 A Faculty member holding a Limited Term, Probationary, or Tenured Appointment may be terminated by reason dismissed for cause for any one of the following three reasons: professional misconductincompetence, wilful neglect of extended refusal to perform contracted academic duties, or incompetence as demonstrated by annual review reportsmoral turpitude.
19.3.2 Except 4.1.2 If the charge of moral turpitude arises from a charge of sexual harassment, this case will be dealt with, in the case first instance, following the procedures outlined in the Sexual Harassment Policy and Procedures. If the Sexual Harassment Formal Hearing Panel recommends that the Faculty member be dismissed, this recommendation must be referred to the Rank and Tenure Committee by the University President for a formal dismissal procedure (see 4.2.1 - 4.5 below).
4.1.3 If the charge of professional incompetence arises from a charge of research misconduct, due warning this case will be dealt with, in writing shall the first instance, following the procedures outlined in the Integrity in Research Policy and Procedures. If the Committee on Research Integrity recommends that the Faculty member be given dismissed, this recommendation must be referred to the Rank and Tenure Committee by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add University President for a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expiresformal dismissal procedure (see 4.2.1 - 4.5 below).
19.3.3 When it 4.2.1 In a case where a Faculty member is to be recommended that an academic staff member be dismissed being considered for dismissal for cause, the member personally University has the right to suspend him or her immediately from all Faculty duties, pending disposition of the case.
4.2.2 In such circumstances, however, full salary shall be given notice in writing, at a meeting where paid until final disposition.
4.3.1 Dismissal for cause of a Faculty Association representative is presentmember shall be by means of a formal dismissal procedure.
4.3.2 A Faculty member may waive the right to a formal hearing, that seven days from in which case the date of University shall have the noticeright to make and announce its decision.
4.4.1 When there appear to be grounds for dismissal for cause, the Academic Vice-President and ▇▇▇▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member charged with the responsibility of initiating the dismissal procedure and carrying it forward to completion.
4.4.2 Notice, in writing, shall be given the Faculty member of all the charges against him or her and the Rank and Tenure Committee shall be convoked within 30 days of such notice to hear the case. At such hearing the Academic Vice-President and ▇▇▇▇▇▇▇ shall forward the notice by registered mailbe neither Chair, airmail if appropriate, to the last known address of the member. Such mailed notice nor shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the she or he vote.
4.4.3 The Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of have the grounds for the recommendation right to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the Presidentpresent, with a copy to the academic staff member or without counsel, and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ present and to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twentycross-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheldexamine witnesses. If the member is suspended with payintends to have counsel present, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall notification must be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence provided to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act Committee 10 days prior to the time that hearing. The Committee may request the action is now takenservices of the University counsel.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ or equivalent to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the ▇▇▇▇ or equivalent shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇▇ or equivalent.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇▇ or equivalent, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ or equivalent shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ or equivalent to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.airmail
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- three-year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven calendar days from the date of the notice, the ▇▇▇▇ shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen calendar days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a the ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- non-salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University College shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 Failure to act within the time limits set sets out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 21.1.4.1 The employment of an academic staff member may be terminated by reason of just cause, which includes but is not limited to professional misconduct, wilful neglect of dutiesduties and responsibilities, or incompetence as demonstrated by annual review reports.
19.3.2 21.1.4.2 Except in the case of professional gross misconduct, due warning in writing shall be given by the ▇▇▇▇ Vice-President (Academic) to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning warning, and where no further warnings have been issued during three years, the ▇▇▇▇ Vice-President (Academic) shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 21.1.4.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, writing that seven days from the date of the notice, notice the ▇▇▇▇ shall Vice-President (Academic) will formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice notice, the ▇▇▇▇ Vice-President (Academic) shall forward the notice by registered mail, airmail if appropriate, mail to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may shall be relieved of all duties by the ▇▇▇▇Vice-President (Academic).
19.3.4 21.1.4.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 21.1.4.3 attended by the member (if available), the ▇▇▇▇Vice- President (Academic), the department head (if applicable) head, and a representative of the Faculty Association Association, to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 21.1.4.5 At the end of the notice period, the ▇▇▇▇ Vice-President (Academic) shall either:
(a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued ORdiscontinued; or 70
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 21.1.4.6 Upon receipt of a formal recommendation from a ▇▇▇▇ the Vice-President (Academic) to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action member is proceedingdismissed.
19.3.7 21.1.4.7 In the case of dismissal for reasons other than professional gross misconduct and or unauthorized absence from campus, from the date of the President's letter the academic staff member is may be suspended with or without pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during During a suspension the a member may shall be relieved of all duties. If the academic staff member or the Faculty Association does not enter file a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is enteredfiled, the member remains suspended (continuing with pay or without pay as the case may be) member's suspension, if any, continues until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.224.1, while on suspension the member's non- non-salary benefits are not to be withheldwithheld while he or she is suspended. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall will assume payment of all costs, costs but if salary is subsequently restored the member shall will be charged the normal share of costs from the effective date of salary restorationsuspension.
19.3.8 21.1.4.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenientconvenient and, and in other cases cases, forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association.
19.3.9 21.1.4.9 Failure to act within the time limits set out above shall constitute waiver of rights except where rights. If a party, acting in good faithfaith and for sufficient cause, clearly was unable to do so. The onus is on meet these time requirements, the party violating the time limits to show cause why it was unable to act prior to the time that the action is now takendelay may be excused.
Appears in 1 contract
Sources: Collective Agreement
Dismissal for Cause. The following procedures shall apply in all cases of dismissal for cause:
19.3.1 The employment of an academic staff 16.1 Subject to Article 16.6, no APT member may be terminated by reason dismissed except for just cause or under the terms of Article 17. An APT member may be dismissed for professional misconduct, wilful neglect of dutiesduties (including unauthorized absence from campus), gross misconduct, or incompetence as demonstrated by annual review reportsincompetence.
19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the ▇▇▇▇ to the academic staff 16.2 If an APT member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the ▇▇▇▇ shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the ▇▇▇▇, such material may be removed before the three- year period expires.
19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall notice in writing will be given notice in writing, at a meeting where a Faculty Association representative by the appropriate Out-of-Scope Head or Out-of-Scope Designate that dismissal is present, that seven days from the date of the notice, the ▇▇▇▇ shall formally recommend being recommended to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the ▇▇▇▇ shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the appropriate Vice-President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. From A copy of the letter of notice will be sent to the Chair of the Association.
16.3 Seven calendar days from the date the notice such letter is givenissued, the member may be relieved of all duties by the ▇▇▇▇.
19.3.4 If the academic staff member or the Faculty Association requests it, the Vice-President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the ▇▇▇▇, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process.
19.3.5 At the end of the notice period, the ▇▇▇▇ shall either:
(a) will inform the academic staff APT member in writing with a copy to that either the Faculty Association that the action is discontinued OR
(b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed.
19.3.6 Upon receipt of a formal recommendation from a ▇▇▇▇ to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the dismissal action is discontinued or that the dismissal action APT member's service is proceeding.
19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date to be terminated. A copy of the Vice-President's letter will be sent to the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date Chair of the Association.
16.4 The APT member and the Association may enter a grievance within a fourteen day period following the Vice-President's letter. At any time during a suspension However, the member Association, upon written application to Human Resources, may be relieved given a seven-day extension of all duties. If the academic staff member or the Faculty Association does not enter date for submission of a grievance within if the twenty-one day period, the member's employment is terminated circumstances warrant it. The grievance will be submitted at the end Stage II of the periodgrievance process. Failure to grieve during these time limits will constitute waiver of rights.
16.5 The APT member will be suspended with pay by the Out-of-Scope Head or Out-of-Scope Designate from the date the letter is issued recommending dismissal. The suspension will be rescinded if the Vice-President discontinues the dismissal action. If a grievance is entered, the member remains will continue to be suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld resolved. The member will have the option of retaining their benefits for the duration of the suspension. Premiums will be paid by the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration.
19.3.8 All correspondence to 16.6 Members With Term Appointments who have been Employed for Less Than One Year
16.6.1 An APT member who does not hold a permanent appointment and has been employed for less than one year may be dismissed for cause in accordance with the academic staff member required by provisions of this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty AssociationArticle 16.
19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.
Appears in 1 contract
Sources: Collective Agreement