Common use of Resolution Procedure Clause in Contracts

Resolution Procedure. (a) Step 1 (i) The Complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express his/her feelings about the situation. (ii) Before proceeding to Step 2, the complainant may approach his/her administrative officer, a representative of the union or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s satisfaction the matter is deemed to be resolved. (b) Step 2 (i) If a complainant chooses not to meet with the alleged harasser, or no agreement for resolution of the complaint has been reached, or an agreement for resolution has been breached by the alleged harasser, a complaint may be filed with the superintendent or designate. The complaint should include specific behaviors which form the basis of the complaint and the definitions of sexual harassment / harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local who shall proceed to investigate the complaint in accordance with Step 3 and report to the board. (c) Step 3 (i) The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. (ii) The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. (d) Should a resolution be reached between the complainant and the respondent at Step One, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall be non-disciplinary in nature and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conduct. (f) The form of a complaint at Step Two should include specific behaviours which form the basis of the complaint and the definitions of harassment/sexual harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions.

Resolution Procedure. (a) Step 1 (i) The Complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express his/her their feelings about the situation. (ii) Before proceeding to Step 2, the complainant may approach his/her their administrative officer, a representative of the union or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s satisfaction the matter is deemed to be resolved. (b) Step 2 (i) If a complainant chooses not to meet with the alleged harasser, or no agreement for resolution of the complaint has been reached, or an agreement for resolution has been breached by the alleged harasser, a complaint may be filed with the superintendent or designate. The complaint should include specific behaviors which form the basis of the complaint and the definitions of sexual harassment / harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local who shall proceed to investigate the complaint in accordance with Step 3 and report to the board. (c) Step 3 (i) The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of complaints of harassment, and may be either internal or external. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. (ii) The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. (d) Should a resolution be reached between the complainant and the respondent at Step One, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall be non-disciplinary in nature and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conduct. (f) The form of a complaint at Step Two should include specific behaviours which form the basis of the complaint and the definitions of harassment/sexual harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions.

Resolution Procedure. (a) a. Step 1 (i) 1 The Complainantcomplainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express his/her feelings about the situation. (ii) . Before proceeding to Step 2, the complainant may approach his/her administrative officer, a representative of the union staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s 's satisfaction the matter is deemed to be resolved. (b) b. Step 2 (i) i. If a complainant chooses not to meet with the alleged harasser, or no agreement for resolution of the complaint has been reached, or an agreement for resolution has been breached by the alleged harasser, a complaint may be filed with the superintendent or designate. The complaint should include specific behaviors which form the basis of the complaint and the definitions of sexual harassment / harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) . The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) . In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s 's discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local who shall proceed to investigate the complaint in accordance with Step 3 and report to the board. (c) c. Step 3 (i) i. The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of investigating complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. (ii) . The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. (d) Should a resolution be reached between the complainant and the respondent at Step One, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall be non-disciplinary in nature and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conduct. (f) The form of a complaint at Step Two should include specific behaviours which form the basis of the complaint and the definitions of harassment/sexual harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions.

Resolution Procedure. (a) Step 1 (i) The ComplainantAll persons involved in the handling of a complaint under these procedures shall hold in the strictest confidence all information of which they become aware; however, if comfortable with it is recognized that approach, may choose officials of the Union and the Employer will be made aware of all or part of the proceedings on a “need to speak to or correspond directly with the alleged harasser to express his/her feelings about the situationknow” basis. (iib) Before proceeding to Step 2, the complainant formal complaint mechanism an employee who believes he or she has a complaint of harassment may approach his/her administrative officertheir supervisory personnel, a representative of the union Union ▇▇▇▇▇▇▇, or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s satisfaction the matter is deemed to be resolved. (b) Step 2 (ic) If the matter is not resolved to the employee’s satisfaction, the employee will file a complainant chooses not to meet written complaint with his/her supervisor within six (6) months of the alleged harasser, or no agreement for resolution occurrence. The supervisor will investigate the complaint and take steps to resolve the concern as appropriate within thirty (30) days of the complaint has been reached, or an agreement for resolution has been breached being filed by the alleged harasser, a complaint may be filed employee. The supervisor will discuss the proposed resolution with the superintendent or designate. The complaint should include specific behaviors which form the basis of the complaint complainant and the definitions of sexual harassment / harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local who shall proceed to investigate the complaint in accordance with Step 3 and report to the board. (c) Step 3 (i) The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of complaints of harassmentrespondent. The complainant and the respondent may request that each have a representative present during these discussions. Where the investigator shall be of supervisor is the same gender as respondent, the complainant and where practicable shall approach the request will not be denied. (ii) The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheldrespondent’s supervisor. (d) Should If the proposed resolution is not acceptable to the complainant, he/she may refer the matter in writing to the Employer’s designate within thirty (30) days of receiving the Employer’s response or when the response was due. A written complaint shall specify the details of the allegation(s) including: (1) name and title of the respondent; (2) a resolution be reached between description of the complainant action(s), conduct, events or circumstances involved in the complaint and the respondent at Step Onespecific part of the definition alleged to have been breached; (3) the specific remedy sought to satisfy the complainant; (4) date(s) of incident(s); (5) name(s) of witness(es) (if any); (6) prior attempts to resolve (if any). (e) The Employer’s designate will acknowledge, it shall in writing, receipt of the referral and will conduct any further investigation required. The Employer’s designate will take such steps as may be written up and signed by bothrequired to resolve the matter. Only The Union, the complainant and the respondent shall have copies be advised, in writing, of the proposed resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies within thirty (30) days of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent written acknowledgement of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall referral or such later date as may be non-disciplinary in nature mutually agreed by the Employer and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conductUnion. (f) The form Where the matter is not resolved to the complainant’s satisfaction, the Union may refer the matter to Step 3 of the grievance process. This Clause does not preclude an employee from filing a complaint at Step Two should include specific behaviours which form the basis under Section 8 of the complaint and the definitions of harassment/sexual harassment which may applyBC Human Rights Act; however, an employee shall not be entitled to duplication of process. An employee making a complaint of harassment must choose to direct a complaint to either the form BC Council of Human Rights or the process specified in the Collective Agreement. (g) As soon as reasonably possible after receiving a formal complaint from an employee, the Employer shall notify the respondent of the details of the complaint. (h) In any meeting the respondent is required to attend in conjunction with complaint will in no way restrict the investigation or its conclusionsresolution, the respondent will be entitled to be accompanied by a representative. (i) Where the investigator concludes that harassment has occurred and the harasser is a member of the bargaining unit, the harasser may be subject to discipline pursuant to Article 9. This discipline may include transfer of the respondent to another work site. (j) All timelines within this Article may be extended by mutual agreement, and such agreement will not be unreasonably withheld. The Parties entered into a Letter of Understanding during negotiations on January 17, 1995, to facilitate the hiring of persons with disabilities. Upon agreement on an individual basis of these positions, the Parties signatory to the ▇.▇.▇. #2 will meet and agree upon which classification duties are closest to those which will be performed by the challenged worker, who will be paid at ninety percent (90%) of that rate.

Resolution Procedure. (a) a. Step 1 (i) 1 The Complainantcomplainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express his/her feelings about the situation. (ii) . Before proceeding to Step 2, the complainant may approach his/her administrative officer, a representative of the union staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s 's satisfaction the matter is deemed to be resolved. (b) b. Step 2 (i) i. If a complainant chooses not to meet with the alleged harasser, or no agreement for resolution of the complaint has been reached, or an agreement for resolution has been breached by the alleged harasser, a complaint may be filed with the superintendent or designate. The complaint should include specific behaviors which form the basis of the complaint and the definitions of sexual harassment / harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) . The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) . In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s 's discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local who shall proceed to investigate the complaint in accordance with Step 3 and report to the boardBoard. (c) Step 3 (i) i. The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of investigating complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. (ii) . The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. (d) Should a resolution be reached between the complainant and the respondent at Step One, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall be non-disciplinary in nature and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conduct. (f) The form of a complaint at Step Two should include specific behaviours which form the basis of the complaint and the definitions of harassment/sexual harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions.

Resolution Procedure. (a) a. Step 1 (i) 1 The Complainantcomplainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express his/her feelings about the situation. (ii) . Before proceeding to Step 2, the complainant may approach his/her administrative officer, a representative of the union staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s 's satisfaction the matter is deemed to be resolved. (b) b. Step 2 (i) i. If a complainant chooses not to meet with the alleged harasser, or no agreement for resolution of the complaint has been reached, or an agreement for resolution has been breached by the alleged harasser, a complaint may be filed with the superintendent or designate. The complaint should include specific behaviors which form the basis of the complaint and the definitions of sexual harassment / harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) . The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) . In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s 's discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local who shall proceed to investigate the complaint in accordance with Step 3 and report to the board. (c) Step 3 (i) i. The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of investigating complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. (ii) . The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. (d) Should a resolution be reached between the complainant and the respondent at Step One, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall be non-disciplinary in nature and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conduct. (f) The form of a complaint at Step Two should include specific behaviours which form the basis of the complaint and the definitions of harassment/sexual harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions.

Resolution Procedure. (a) Step 1 (i) The Complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express his/her their feelings about the situation. (ii) Before proceeding to Step 2, the complainant may approach his/her their administrative officer, a representative of the union or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s satisfaction the matter is deemed to be resolved. (b) Step 2 (i) If a complainant chooses not to meet with the alleged harasser, or no agreement for resolution of the complaint has been reached, or an agreement for resolution has been breached by the alleged harasser, a complaint may be filed with the superintendent or designate. The complaint should include specific behaviors which form the basis of the complaint and the definitions of sexual harassment / harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local who shall proceed to investigate the complaint in accordance with Step 3 and report to the board. (c) Step 3 (i) The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. (ii) The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. (d) Should a resolution be reached between the complainant and the respondent at Step One, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall be non-disciplinary in nature and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conduct. (f) The form of a complaint at Step Two should include specific behaviours which form the basis of the complaint and the definitions of harassment/sexual harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions.

Resolution Procedure. (a) a. Step 1 (i) The Complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express his/her feelings about the situation. (ii) Before proceeding to Step 2, the complainant may approach his/her administrative officer, a representative of the union or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant’s satisfaction the matter is deemed to be resolved. (b) b. Step 2 (i) i. If a complainant chooses not to meet with the alleged harasser, or no agreement for resolution of the complaint has been reached, or an agreement for resolution has been breached by the alleged harasser, a complaint may be filed with the superintendent or designate. ii. The complaint should include specific behaviors behaviours which form the basis of the complaint and the definitions of sexual harassment / harassment/harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions. (ii) iii. The employer shall notify in writing the alleged harasser of the complaint and provide notice of investigation. (iii) iv. In the event the superintendent is involved either as the complainant or alleged harasser, the complaint shall, at the complainant’s 's discretion, be immediately referred to either BCPSEA or a third party who shall have been named by prior agreement of the employer and the Local local who shall proceed to investigate the complaint in accordance with Step 3 and report to the board. (c) c. Step 3 (i) i. The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in the investigation of investigating complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. (ii) . The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld. (d) Should a resolution be reached between the complainant and the respondent at Step One, it shall be written up and signed by both. Only the complainant and the respondent shall have copies of the resolution and they shall be used only for the purpose of establishing that a resolution was reached. No other copies of the resolution shall be made. (e) In the circumstances where a respondent has acknowledged responsibility pursuant to (d) above, the employer may advise a respondent of the expectations of behaviour pursuant to Article 8 in a neutral, circumspect memo. Such a memo shall be non-disciplinary in nature and shall not form part of any record. Only the respondent shall retain a copy of the memo. That the memo was sent can be referred to as proof that the respondent has been advised about the standard of conduct. (f) The form of a complaint at Step Two should include specific behaviours which form the basis of the complaint and the definitions of harassment/sexual harassment which may apply; however, the form of the complaint will in no way restrict the investigation or its conclusions.