Section 1. Neither the University nor the Union shall discriminate against a GA because of membership or non-membership in any labor union or on the basis of race, color, ethnicity, religious creed, age, sex (including gender, pregnancy, childbirth, medical conditions related to pregnancy and childbirth, breastfeeding, and medical conditions related to breastfeeding), marital status, national origin, citizenship, ancestry, sexual orientation, genetic information, physical or mental disabilities (including learning disabilities, intellectual disabilities, past/present history of a mental disorder), veteran status, prior conviction of a crime, workplace hazards to reproductive systems, gender identity or expression, political activity and/or union activity, or membership in other protected classes set forth in state or federal law. Discrimination is any distinction, preference, or detriment to a GA that: (1) excludes the GA from participation in; (2) denies the GA the benefits of; (3) treats the GA differently in the context of; or (4) otherwise adversely affects a GA’s employment. Discrimination includes failing to provide reasonable accommodation, consistent with state and federal law, to persons with disabilities.
Section 2. In the event an accommodation proposed to comply with state or federal law conflicts with a provision of this Agreement, the parties, at either party’s request, shall meet to discuss the proposed accommodation.
Section 3. The parties agree that an accommodation made by the University or the Union with respect to any term or condition of employment shall apply only to the person accommodated in the particular situation. The fact that such person was accommodated, and the manner and method of such accommodation, shall be without precedent and may not be used or relied upon by any person or entity with regard to any subsequent grievance or arbitration pursuant to this Agreement.
Section 4. No GA shall be subjected to discrimination or discriminatory harassment as defined in the Policy Against Discrimination, Harassment and Related Interpersonal Violence (“Policy Against Discrimination”), which is revised and updated and may be renamed from time to time. This Policy applies to GAs as well as the other members of the University Community. Discrimination and harassment are defined, and examples of discrimination and harassment and other prohibited conduct are set forth in Section IX of the Policy Against Discrimination. If there is a conflict between this Policy and this Agreement, then the Agreement shall govern.
Section 5. The University recognizes that sexual harassment is inimical to its core missions, including its research and education missions, and will not tolerate any form of sexual harassment, and will not tolerate harassment of GAs by faculty, administrators, supervisors, students, co-workers, vendors, University visitors or anyone else.
(a) Unwelcome actions such as the following are inappropriate and, depending on the circumstances, may in and of themselves meet the definition of sexual harassment or contribute to a hostile work environment:
Section 6. Neither the University nor the Union shall tolerate bullying behavior against a GA in the course of their employment, including bullying that is the result of power-based harassment. Bullying is repeated, health-harming mistreatment of one or more people, and it is contrary to the values of the University as expressed in the University’s Code of Conduct, which clearly states that all employees are expected to behave with honesty, integrity, respect, and professionalism.
(a) Unwelcome actions such as the following are inappropriate and, depending on the circumstances, may in and of themselves constitute bullying of a GA if they are severe or pervasive:
Section 7. Retaliation against any GA who, in good faith, reports or who participates in the investigation of violations of the Policy Against Discrimination and/or this Agreement is strictly forbidden. Retaliation means any adverse action taken against a person for making a good faith report of prohibited conduct or participating in any proceeding under the Policy Against Discrimination or this Agreement. Retaliation includes any threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity protected under the Policy Against Discrimination or this Agreement. Claims of retaliation based on filing a discrimination or harassment complaint or on participating in an investigation of a discrimination or harassment complaint should be reported by the GA or by the Union on the GA’s behalf to the Office of Institutional Equity. Other claims of retaliation should be reported by the GA or by the Union on the GA’s behalf to the Office of University Compliance. The University shall investigate all claims of retaliation promptly. The University shall ensure that a Respondent to a GA’s report or grievance, or to a report or grievance in which a GA participated, will come under the joint authority of the Graduate School. In the event the matter proceeds to arbitration, the arbitrator cannot issue any award that makes an academic judgment.
Section 8. The Policy Against Discrimination shall be made available to GAs through posting on a University website. GAs who file a complaint alleging a violation of the Policy Against Discrimination to the Office of Institutional Equity (“OIE”) shall be notified in writing that OIE’s role is investigatory, that the OIE investigator does not represent the Complainant or the Respondent, and that the GA may be a member of the bargaining unit and may elect to have a union official act as a support person during the investigation. To that end, the OIE shall provide to the GA the letter from the Union incorporated herein as Appendix B. In the event a Complainant or Respondent requests that OIE advise the Union of the complaint, such notification shall be made.
Section 9. In instances where the grievance is sustained, or during an investigation conducted by OIE in accordance with Article 25, Section 3, where interim remedial measures are taken, the University shall have the following remedies or interim measures available, including but not limited to: change to a different workstation, schedule, work location, supervisor, unit, department, or position appropriate for the GA, provided that, in the case of a Complainant/Grievant, the change is equitable; training and education of a Respondent; no-contact remedies.
Section 10. The University maintains Gender Transition Guidelines to assist transgender and gender variant members of the campus community with navigating the policies and practices of the University during a gender transition, as well as to assist University community members in their efforts to support transgender community members. In conjunction with such Guidelines, as they may from time to time be revised and updated, the University shall comply with law including any applicable building code with respect to the provision of all-gender restrooms. The University shall make reasonable efforts to accommodate requests by a GA for an all-gender restroom within a reasonable distance to the GA’s workplace.
Section 11. The University shall comply with the law including any applicable building code with respect to the provision of lactation stations.
Section 2. In the event an accommodation proposed to comply with state or federal law conflicts with a provision of this Agreement, the parties, at either party’s request, shall meet to discuss the proposed accommodation.
Section 3. The parties agree that an accommodation made by the University or the Union with respect to any term or condition of employment shall apply only to the person accommodated in the particular situation. The fact that such person was accommodated, and the manner and method of such accommodation, shall be without precedent and may not be used or relied upon by any person or entity with regard to any subsequent grievance or arbitration pursuant to this Agreement.
Section 4. No GA shall be subjected to discrimination or discriminatory harassment as defined in the Policy Against Discrimination, Harassment and Related Interpersonal Violence (“Policy Against Discrimination”), which is revised and updated and may be renamed from time to time. This Policy applies to GAs as well as the other members of the University Community. Discrimination and harassment are defined, and examples of discrimination and harassment and other prohibited conduct are set forth in Section IX of the Policy Against Discrimination. If there is a conflict between this Policy and this Agreement, then the Agreement shall govern.
Section 5. The University recognizes that sexual harassment is inimical to its core missions, including its research and education missions, and will not tolerate any form of sexual harassment, and will not tolerate harassment of GAs by faculty, administrators, supervisors, students, co-workers, vendors, University visitors or anyone else.
(a) Unwelcome actions such as the following are inappropriate and, depending on the circumstances, may in and of themselves meet the definition of sexual harassment or contribute to a hostile work environment:
- Sexual favoritism;
- Sexual pranks, repeated sexual teasing, jokes, innuendo, or story-telling in person, or via email or other electronic media;
- Verbal abuse of a sexual nature;
- Touching or grabbing of a sexual nature;
- Repeatedly standing too close to, brushing up against, touching, or massaging a person;
- Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated they are not interested (supervisors in particular should be careful not to pressure a GA to socialize);
- Giving gifts or leaving objects that are sexually suggestive;
- Repeatedly making sexually suggestive gestures;
- Making or posting sexually demeaning or offensive pictures, cartoons, or other materials in the workplace;
- Off-duty, unwelcome conduct of a sexual nature that affects the work environment.
Section 6. Neither the University nor the Union shall tolerate bullying behavior against a GA in the course of their employment, including bullying that is the result of power-based harassment. Bullying is repeated, health-harming mistreatment of one or more people, and it is contrary to the values of the University as expressed in the University’s Code of Conduct, which clearly states that all employees are expected to behave with honesty, integrity, respect, and professionalism.
(a) Unwelcome actions such as the following are inappropriate and, depending on the circumstances, may in and of themselves constitute bullying of a GA if they are severe or pervasive:
- Slandering, ridiculing or maligning a person or their family; persistent name-calling that is hurtful, insulting or humiliating; using a person as the butt of jokes; making abusive and offensive remarks;
- Nonverbal gestures that convey threatening messages; using obscene gestures;
- Public humiliation or public reprimands;
- Deliberately excluding an individual or isolating them from work-related activities, such as meetings;
- Unwanted physical contact, physical abuse or threats of abuse to an individual, their work area or their property;
- Constant criticism on matters unrelated or minimally related to the person’s job performance or description;
- Persistently not allowing the person to speak or express themselves (i.e., ignoring or interrupting).
Section 7. Retaliation against any GA who, in good faith, reports or who participates in the investigation of violations of the Policy Against Discrimination and/or this Agreement is strictly forbidden. Retaliation means any adverse action taken against a person for making a good faith report of prohibited conduct or participating in any proceeding under the Policy Against Discrimination or this Agreement. Retaliation includes any threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity protected under the Policy Against Discrimination or this Agreement. Claims of retaliation based on filing a discrimination or harassment complaint or on participating in an investigation of a discrimination or harassment complaint should be reported by the GA or by the Union on the GA’s behalf to the Office of Institutional Equity. Other claims of retaliation should be reported by the GA or by the Union on the GA’s behalf to the Office of University Compliance. The University shall investigate all claims of retaliation promptly. The University shall ensure that a Respondent to a GA’s report or grievance, or to a report or grievance in which a GA participated, will come under the joint authority of the Graduate School. In the event the matter proceeds to arbitration, the arbitrator cannot issue any award that makes an academic judgment.
Section 8. The Policy Against Discrimination shall be made available to GAs through posting on a University website. GAs who file a complaint alleging a violation of the Policy Against Discrimination to the Office of Institutional Equity (“OIE”) shall be notified in writing that OIE’s role is investigatory, that the OIE investigator does not represent the Complainant or the Respondent, and that the GA may be a member of the bargaining unit and may elect to have a union official act as a support person during the investigation. To that end, the OIE shall provide to the GA the letter from the Union incorporated herein as Appendix B. In the event a Complainant or Respondent requests that OIE advise the Union of the complaint, such notification shall be made.
Section 9. In instances where the grievance is sustained, or during an investigation conducted by OIE in accordance with Article 25, Section 3, where interim remedial measures are taken, the University shall have the following remedies or interim measures available, including but not limited to: change to a different workstation, schedule, work location, supervisor, unit, department, or position appropriate for the GA, provided that, in the case of a Complainant/Grievant, the change is equitable; training and education of a Respondent; no-contact remedies.
Section 10. The University maintains Gender Transition Guidelines to assist transgender and gender variant members of the campus community with navigating the policies and practices of the University during a gender transition, as well as to assist University community members in their efforts to support transgender community members. In conjunction with such Guidelines, as they may from time to time be revised and updated, the University shall comply with law including any applicable building code with respect to the provision of all-gender restrooms. The University shall make reasonable efforts to accommodate requests by a GA for an all-gender restroom within a reasonable distance to the GA’s workplace.
Section 11. The University shall comply with the law including any applicable building code with respect to the provision of lactation stations.
