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MCCFA Employment Contract 1999-2001

ARTICLE 4 - NON DISCRIMINATION

Section 1. Equal Application.

The provisions of this contract shall be applied equally to all faculty members in the bargaining unit without discrimination as to race, creed, religion, color, national origin, age, physical disability, reliance on public assistance or sex, unless sex is a bona fide occupational qualification, marital status, political affiliation, sexual preference or any other class or group distinction.

The parties are committed to ensuring an educational and employment environment free of harassment and violence of any kind.

Section 2. Employer Responsibility.

The Employer accepts its responsibility to ensure equal opportunity in all aspects of employment for all qualified persons regardless of race, creed, religion, color, national origin, age, physical disability, reliance on public assistance, sex, unless sex is a bona fide occupational qualification, marital status, political affiliation, sexual preference or any other class or group distinction. The Employer will not interfere with the rights of faculty members to become or not to become members of the Association, and there shall be no discrimination or interference, restraint or coercion by the Employer, or any employer representative, against any faculty member because of association membership, non-membership or any faculty member acting in an official capacity on behalf of the Association which is in accordance with the provisions of this contract.

Section 3. Association Responsibility.

The Association accepts its responsibility as the exclusive bargaining representative and agrees to represent all faculty members in the bargaining unit without discrimination as to race, creed, religion, color, national origin, age, physical disability, reliance on public assistance, sex, unless sex is a bona fide occupational qualification, marital status, political affiliation, sexual preference or any other class or group distinction.

Section 4. Grievability and Final Jurisdiction.

Allegations of discrimination or harassment which violate board policy shall be reviewable through the process set forth in the MnSCU System Procedure 1B.1.1., Report/Complaint Investigation and Resolution. Aspects of the allegations and the process, other than the discipline resulting from them, are grieveable, but not arbitrable. The provisions of the grievance procedure in Article 24 are available to a faculty member who challenges a disciplinary action taken by the Employer for conduct which violates the board policy referenced in this section. The parties recognize that final jurisdiction for resolving allegations of discrimination or harassment beyond the review process established in the system procedure described above rests exclusively with various state and federal agencies and the judicial process.

Section 5. Voluntary Mediation of Disputes.

The Association and the Employer agree to offer a voluntary mediation option for dispute resolution in situations where the allegations of discrimination or harassment involve faculty only. No individual shall be required to participate in such a process.