EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy

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604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.04000 – Confidentiality; Privacy

Where a student complaint of discrimination against a faculty member employee is relevant to a union in representing the employee, it does not follow automatically that the employer must always fully disclose the entire student complaint to the union. Rather, there are two main categories of exceptions. First, a complaining student may insist on confidentiality, even knowing this may limit the school’s ability to respond. Secondly, where the student is willing to allow disclosure to permit a fair investigation, a school may still propose to the union limits on disclosure that keep complaints confidential to the extent possible while maintaining the union’s ability to represent the employee. At times, a complainant’s name may already be known, or may become quickly identifiable given the nature of the complaint. Other times, as where an instructor is accused of making explicit remarks about his or her personal life in front of an entire class, due process rights do not necessarily entitle the accused em