6.2
Employees shall not improperly represent themselves as speaking for the University.
12. PERSONAL FILES
12.1
Data pertaining to the employment of an employee and necessary for the administration of
this Agreement shall be placed in a personal file within the office of the employee's Dean;
copies of the data contained in the personal file in the Dean's office may also be kept in
department files and in the President's Office. In the case of medical reports provided in
confidence by an employee's physician for the purpose of complying with the terms of the
Academic Long Term Disability Plan, and in that case only, information regarding that
employee shall be kept in a separate file in the Human Resources Division, and shall be
accessible only to agents of the Employer for the purpose of administration of that plan. Any
other requests for access to that information must be approved by the Joint Committee for
the Management of the Agreement. The Employer is responsible for assuring that the
personal files within the Deans' offices have all of the relevant data. In particular, material in
departmental and other files to be used in connection with renewal of probation, tenure,
promotion or salary review shall be contained in the Dean's Office file. Employees are
expected to cooperate with designated University officers engaged in the discharge of this
responsibility.
12.1.1
No anonymous material, except approved course evaluations, shall be kept by the Employer
concerning any employee. Approved course evaluations are those which (a) are approved for
use by the faculty of a department (or College in the case of a non-departmentalized College)
in committee within guidelines established by the College, and (b) are properly validated
instruments of performance evaluation. Information from such course evaluations included
in an employee's file shall be aggregated or summarized and shall exclude any anonymous
remarks made by students.
12.2
Each employee shall have the right to reasonable access to the entire contents of the
employee's own personal file, with the exception of confidential information, as defined in
Article 12.3. An employee may authorize a representative of the Association to review the
employee’s file and summarize confidential information without revealing the source. The
summary shall be reviewed and approved by the Dean or the Dean’s designate prior to being
released to the employee. Examination of the contents may take place only in the presence
of the Dean or a person designated by the Dean for this purpose. An employee may not
remove any of the contents of the employee's personal file.
12.3
In the case of personal files, confidential information means signed letters of reference and
any other letter or document transmitted in confidence which the employee, the employee's
Department Head, Dean or other agent of the Employer has solicited in writing. Unsolicited
documents and letters containing a serious allegation, whether they are transmitted in
confidence or not, may be put in an employee’s personal file only if the allegation has been
substantiated in accordance with the provisions of Articles 12.3.1, 12.3.2 , 12.3.3, 12.3.4, and
12.3.5. 12.3.1 If any document(s) or letter(s) containing a serious allegation of misconduct
are received by a Department Head, they shall be transmitted to the Dean. When a Dean
receives any document(s) or letter(s) containing a serious allegation of misconduct, the Dean
shall undertake an inquiry, which shall include discussing the relevant facts or opinions with
the employee. The employee may choose to be accompanied by a representative of the
Association during such discussion with the Dean.
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