APPEAL OF EVALUATION. 10.6.1 If the Unit Member feels the evaluation is incorrect or inaccurate, the Unit Member may appeal as follows:
a. The Unit Member shall have ten (10) working days from the date of the evaluation conference within which to file a written rebuttal with Human Resources and the Evaluator. The written rebuttal will be attached to the evaluation instrument for placement in the personnel file.
b. Within the same ten (10) working day period, the Unit Member may request a three party conference (Unit Member, Evaluator, and next level Administrator). The completion of this conference ends the appeal process.
APPEAL OF EVALUATION. 6.6.1 If the Evaluatee feels the evaluation is incorrect or inaccurate, the Evaluatee may appeal as follows:
a. The Evaluatee shall have ten (10) working days from the date of the evaluation conference within which to file a written rebuttal with Human Resources and the Evaluator. The written rebuttal will be attached to the evaluation instrument for placement in the personnel file.
b. Within the same ten (10) working day period, the Evaluatee may request a three-party conference with the Evaluator’s supervisor (Evaluatee, Evaluator, and next level Administrator). The completion of this conference ends the appeal process.
APPEAL OF EVALUATION. 19.1.4.1 If the Unit Member requests a review of the evaluation as provided in section 19.1.3.4.3, the next level administrator will schedule a meeting with the Unit Member and the Immediate Management Supervisor to review the evaluation. The Unit Member may contact CSEA for appointment of a representative who may be present at the meeting. If the Unit Member elects to have CSEA representation, the next level administrator will coordinate the scheduling of the meeting with CSEA. Within twenty (20) working days of the conclusion of the meeting, the next level administrator will provide the Unit Member with a written response.
19.1.4.2 If not satisfied with the response by the next level administrator, the Unit Member may request a review by the Vice Chancellor of Human Resources or designee. Such request must be submitted within fifteen (15) working days of the Unit Member’s receipt of the response by the next level administrator. The decision of the Vice Chancellor or designee shall be final.
19.1.4.3 Comments, assessments, performance standard ratings and conclusions included in the current evaluation which are based on the Unit Member’s prior evaluation shall not be subject to review or appeal.
19.1.4.4 Except as provided in section 19.1.4 of this Article, the substantive findings of the District contained in the evaluation shall not be subject to review or appeal and shall not be grievable under the provisions of Article 22 of this Agreement.
APPEAL OF EVALUATION. Employees who disagree with their appraisal or comprehensive evaluation may appeal through the grievance procedure.
APPEAL OF EVALUATION. A classified employee who disagrees with his/her evaluation must do so in writing within ten (10) days from the date of review of such rating. He/She shall have the right of appeal to the superintendent or designee who shall review the facts of that case and issue a final rating of the employee’s performance.
APPEAL OF EVALUATION. A classified bargaining unit member who disagrees with his/her evaluation must do so in writing within ten (10) days from the date of review of such rating. He/She shall have the right of appeal to the superintendent or designee who shall review the facts of that case and issue a final rating of the bargaining unit member’s performance.
APPEAL OF EVALUATION a. A school leader has the opportunity to appeal any formal evaluation (a mid-year, an annual, or a formal evaluation done at other times during the school year).
b. To appeal, the school leader must send a written notice to the evaluator and evaluator’s supervisor seeking an appeal within five (5) working days of receipt of theevaluation.
c. The evaluator’s supervisor or a designee if he/she is unavailable shall hear the appeal within fifteen (15) working days of receiving the school leader’s written request for an appeal and render a decision within fifteen (15) working days after the hearing. The fifteen (15) day time frame noted in this paragraph shall apply in each instance unless mutually agreed otherwise between the employee and the central administrator hearing the appeal.
d. In addition, within ten (10) days of receipt of an evaluation a school leader may submit a rebuttal statement to his or her personnel file for any evaluation in which he or she disagrees.
e. Nothing in this evaluation process is meant to limit the Superintendent’s authority to remove school leaders for cause unrelated to performance deficiencies, or to limit the Superintendent’s authority to transfer school leaders to subordinate certificated positions as allowed under state law.
APPEAL OF EVALUATION. 1. Within ten (10) school days of the receipt of a teacher’s annual evaluation, the teacher may request, in writing, review by the original evaluator. In the event that the original evaluator is unable to complete this request, the request will be fulfilled by the Superintendent.
2. The appeal writing shall articulate in detail the basis of the appeal to the original evaluator. As set forth in Section 3012-c of the Education Law, the evaluated teacher may only challenge: • the substance of the annual professional performance review; • the school district’s adherence to the standards and methodologies required for such reviews pursuant to Section 3012-c of the Education Law; • the school district’s adherence to the regulations of the commissioner and compliance with any applicable locally negotiated procedures; and • the school district’s issuance and/or implementation of the terms of the teacher improvement plan.
3. The parties herewith acknowledge that unit members shall not be permitted to appeal for any other reason, including, but not limited to, alleged claims of bias, retaliation and/or inequitable application of the evaluation process and/or procedures.
4. Non-tenured teachers shall not be permitted to appeal any aspect of their annual evaluation, or the school district’s issuance and/or implementation of the terms of a teacher improvement plan.
5. Performance ratings of “ineffective” and “developing” are the only ratings subject to appeal for tenured teachers. Teachers who receive a rating of “highly effective,” or “effective” shall not be permitted to appeal their rating. A tenured teacher may choose to submit a written rebuttal upon the determination of any “effective rating” if desired, but may not appeal such rating.
6. Within five (5) school days of receipt of the appeal, the original evaluator shall render a determination, in writing, respecting the appeal. In the event that the original evaluator is unable to render a determination, the determination will be rendered by the Superintendent.
7. Within five (5) school days of the teacher’s receipt of the original evaluator’s determination, the teacher may request, in writing, review by the Superintendent of Schools. Failure to articulate a particular basis for the appeal in the appeal writing to the Superintendent of Schools shall be deemed a waiver of that claim and shall not be considered by the Superintendent when his/her determination is rendered. In all other respects said appeal shall be ...
APPEAL OF EVALUATION. A less than overall satisfactory performance appraisal may be appealed through the grievance procedure as outlined in this Agreement. The signing of the performance appraisal indicates that the Employee has received and reviewed the appraisal and does not mean that the Employee agrees with the appraisal. The Union agrees to assure that Employees are aware that signing the appraisal does not constitute agreement with its contents and will encourage Employees to sign appraisals. In the event the Employee refuses to sign the appraisal, this refusal will be witnessed and documented by one other staff.
APPEAL OF EVALUATION. An evaluation may be grieved only after the evaluation has been presented to and signed by the employee, and an administrative appeal to the Division Director has been completed. No appeal will be honored unless the employee signs the evaluation. The employee must file an appeal with the Division Director within three (3) working days of the employee signing the evaluation. Such appeal shall be in writing, and must state the employee’s specific areas of objection with the rating of each dimension in the evaluation given by his supervisor. The Division Director shall then schedule an appeal conference. The employee has the right to Union representation at said conference. The Division Director shall then notify the employee in writing of his decision, and shall forward the evaluation along with his decision to Human Resources. If the employee is still dissatisfied, he may then initiate the grievance process within five days of the receipt by the employee of the Division Director’s response to the employee’s administrative appeal, and will be addressed to the Job & Family Services Director. Any such administrative appeal or grievance must be based on either (1) a failure to follow the evaluation process, as prescribed in the EPR Guide and this article, and/or (2) an unfair characterization of the employee’s job performance and rating.
A. An employee may choose to have union representation as early as the administrative appeal to the Division Director.
B. If it is found upon appeal or grievance that the rater failed to give notice of “Unsatisfactory” or “Below Requirements” performance, or there was any other failure to follow procedure which was detrimental to the employee’s performance or rating, then the remedy shall be a special evaluation which complies with all requirements to replace the original evaluation. (See Article 12, Section 12.7)
C. It is agreed by the parties that no appeals or grievances shall be based on failure to continue a rating or range received under the previous evaluation system, except as it relates to the notice requirement in “B” above.
D. If an employee feels that his performance merits a higher rating than “Meets Requirements” and higher than the supervisor has rated him, then he shall bear the burden of proof of such issue in an appeal or grievance proceeding.
