31.1

Sexual harassment is defined as sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature when:

1. submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, academic status or academic accreditation;
2. submission to, or rejection of, such conduct by an individual is used as the basis for decisions affecting any term or condition of an individual's employment, academic status or academic accreditation; or
3. such conduct has the purpose or effect of interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or academic environment.

31.2

For purposes of this Article, a member may be the alleged harasser or the victim of alleged harassment.

31.3

This Article shall not be construed so as to inhibit freedom of expression or consensual social or sexual relationships. A member who is involved in, or is entering into consensual relationship which the member is concerned may relate to matters dealt with in this Article may advise the Dean/Director or those concerned and ask the Dean/Director to relieve him/her of any related supervisory or evaluative role. The Dean/Director shall make every reasonable effort to meet such a request.

31.4

The Parties agree that sexual harassment as defined herein is an abuse of professional authority and may be the subject of discipline. The Parties further agree that individuals who perjure themselves during disciplinary hearings or make false and malicious accusations may be subject to disciplinary action themselves.

31.5

Complaints of sexual harassment shall be directed to the Officer, as defined by University policy. The Officer shall investigate the complaint and mediate. All investigations and mediations at this stage shall be kept in strict confidence. In the event the complaint is not settled, the Officer will make recommendations to all the Parties involved.

31.6

Discipline for sexual harassment shall only be imposed in a situation involving professional or supervisory relationship of an academic, counselling or administrative character to which a student, an academic, support or administrative staff member, or another member of the university community is subject.

31.7

Any discipline imposed on a member for sexual harassment shall be subject to the grievance and arbitration procedure. No one involved in the dispute as a mediator under Article 31.5 shall be a competent or compellable witness in the arbitration. No evidence shall be given or received as to statements made during the mediative procedures under Article 31.5. In the event that the penalty is removed in the grievance or arbitration procedure, at the member's request all reference to the complaint of sexual harassment shall be removed from her/his personnel file, and placed in an appropriate archive with access provisions acceptable to the Parties.

31.8