Overview
It is recognized that there may be a variety reasons why a member of the TFA would need to have a meeting with a University Administrator during which normal workplace dialogue would occur. However, situations may arise when a member of the TFA is called to participate in an interview with her/his Dean, the VP Faculty Affairs, HR or another member of the University Administration, or with an external investigator in matters related to investigations into various kinds of complaints/concerns. In such cases, the TFA member may be called as a complainant, respondent or witness.
In accordance with our collective agreement, TFA members are entitled to have an TFA representative (an advocate) in attendance at any such meeting. The role of the advocate in such meetings is to ensure that the members’ rights under the Collective Agreement are upheld.
Rights and Obligations
Investigations in which TFA members could be involved may be relate to Article 20 of the Collective Agreement which deals with discipline; University policies related to Civility, Discrimination and Harassment; or under Section 32 of the Ontario Occupational Health and Safety Act. These investigations are usually initiated by the Dean of the member’s Faculty or by the Discrimination and Harassment Prevention Services Office. Investigations may be conducted internally by a University administrator with the support of Human Resources or externally by a legal firm whose specialty it is to carry out such activity.
As is the case in all employment circumstances, TFA members as employees of the University have an obligation to participate in such investigations when called upon to do so. However, in discharging this obligation, TFA members have rights including the right to representation from their Association in the form of advocacy as noted above.
In other words, investigations where the University is gathering information (for example, related to a civility and/or harassment/discrimination complaint in which a member is the complainant, respondent or a witness) and matters related discipline are examples of such meetings where a member would wish to have TFA representation. At any other type of meeting with a person(s) from the University administration, an TFA member may decide that the meeting has developed in such a way that he/she requires a consultation an TFA Executive member or with the TFA’s Executive Director. In this case, the TFA member may adjourn the meeting until s/he has had the opportunity to speak with someone from the TFA Executive or an TFA advocate.
Process
Invitations to attend a fact-finding process as described above are sent to the TFA member by the Administration. The member may or may not be given a very general indication of the reason and nature for the request to meet. Included in the invitation must be a statement telling the TFA member that s/he is entitled to have an TFA representative (advocate) attend any such meetings.
TFA members have the right to decline TFA advocacy support. If the member decides to waive her/his rights to have an TFA advocate accompany her/him to a meeting, the member will be asked at the beginning of the meeting to sign a waiver. If, at any point during the investigation process, the member changes her/his mind, s/he can so indicate to the investigator and the process will be immediately suspended until that member can request and the TFA can arrange for an advocate.
Under normal circumstances, the VP Internal for the TFA is copied on all requests sent to TFA members to participate in investigations. If the member notices that such notification has not been so copied, the member should contact the VP Internal, TFA her/himself. It is the responsibility of the VP Internal, TFA to arrange for an advocate for the member.
Advocacy
The Association highly recommends that members avail themselves of the TFA advocacy service from the onset of any fact-finding/investigation process.
An TFA advocate has been trained by the Association to support every aspect of the involvement of members during the course of such investigations. That advocate will meet with the member to explain the investigation process, and the rights and obligations during the course of the process. The advocate will also ensure that the member is as informed as possible of the complaint that is driving the investigation; the member’s role in that investigation; what form responses can take; and the mutual scheduling of the actual interviews based on the investigator’s, the member’s and the advocate’s availability. The TFA advocate will be present during the actual interview to ensure that the member is supported and her/his rights are protected under the terms of the TFA Collective Agreement.
The advocate can also access legal advice should that kind of assistance prove necessary as the process unfolds.
If you are convened to such an interview and you would like to have an advocate assigned to support you, please contact TFA Vice-President Peter Danziger.
Article 20 of the collective agreement
TFA – TMU Representation protocol
Selected University Policies (Civility & Discrimination and Harassment)
University OHSA Section 32 (bill 168) policy