Common use of COMPLAINTS AGAINST PERSONNEL Clause in Contracts

COMPLAINTS AGAINST PERSONNEL. When a complaint is made to the Board or any of its members or administrators concerning a teacher's conduct or to other activities that relate to the teacher's employment duties, and the complaint is considered serious enough to warrant an investigation, the teacher shall be informed as follows: During the time school is in session: within forty-eight (48) hours, excluding days not in session. During the summer break: within seventy-two (72) hours, excluding weekends and days the Board office is closed. Initial summer notification shall be attempted by phone with written notification to the member's last known address. The Board shall not be required to abide by the above timelines if prohibited to do so by a legal authority having jurisdiction over the complaint. Initially, the teacher will be informed of the nature of the complaint and the identity of the complainant before the administration talks with a student or staff member other than the person(s) submitting the complaint. Such disclosure shall not be required if students or staff members other than the complainant are not interviewed by the administration. If, after investigation, the administration determines that action may be taken on the complaint, a meeting shall be held between the teacher and his/her administrator. At the meeting between the teacher and his/her administrator, the teacher shall have the alleged misconduct/complaint explained in full detail. The appropriate administrator and teacher shall attempt to resolve the party's complaint. Following the disclosure meeting, the teacher will have the right to a follow-up meeting with his/her administrator, at which time the teacher shall be afforded the right to submit names of witnesses for the administration to interview. The investigating administrator shall inform the teacher of the status of the investigation no longer than five (5) teacher work days after the first notice to the teacher and no more than every five (5) teacher work days after the first status report, until the investigation is terminated. Should the investigation of the complaint prove the complaint to be unjustified, the teacher shall be so notified within two (2) teacher workdays of the termination of the investigation and no record of said complaint shall be placed in the teacher's personnel file. The administration shall have five (5) teacher workdays from receipt of a complaint to determine if the complaint is considered serious enough to warrant an investigation. All complaint investigations shall be terminated and a final determination made within forty (40) teacher workdays of the date the complaint is considered serious enough to warrant an investigation. In situations where a legal authority is investigating the complaint, the forty-five (45) teacher workdays will start on the date the investigating agency notifies the District of the completion of its investigation. Nothing in this article will prevent the administration from investigating newly discovered evidence. Unsubstantiated complaints shall not be used against a teacher. Should the complaining party still not be satisfied and take the concern to the Board, the teacher shall be so informed and have the right to provide the Board information concerning the issue. In no case shall such complaint be grounds for action, reprimand, or discipline against a teacher without the teacher having prior notice that would allow him/her to attempt to resolve the concern or provide information on the issue to the administration or Board, or be provided a due process hearing with representation if requested by the teacher.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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COMPLAINTS AGAINST PERSONNEL. 1. In the event a complaint is determined to fall under Title IX, the District will follow current federal regulations. 2. When a complaint is made to the Board or any of its members or administrators concerning a teacher's conduct or to other activities that relate to the teacher's employment duties, and the complaint is considered serious enough to warrant an investigation, the teacher shall be informed as follows: During the time school is in session: within forty-eight (48) hours, excluding days not in session. During the summer break: within seventy-two (72) hours, excluding weekends and days the Board office is closed. Initial summer notification shall be attempted by phone with written notification to the member's last known address. The Board shall not be required to abide by the above timelines if prohibited to do so by a legal authority having jurisdiction over the complaint. Initially, the teacher will be informed of the nature of the complaint and the identity of the complainant before the administration talks with a student or staff member other than the person(s) submitting the complaint. Such disclosure shall not be required if students or staff members other than the complainant are not interviewed by the administration. If, after investigation, the administration determines that action may be taken on the complaint, a meeting shall be held between the teacher and his/her administrator. At the meeting between the teacher and his/her administrator, the teacher shall have the alleged misconduct/complaint explained in full detail. The appropriate administrator and teacher shall attempt to resolve the party's complaint. Following the disclosure meeting, the teacher will have the right to a follow-up meeting with his/her administrator, at which time the teacher shall be afforded the right to submit names of witnesses for the administration to interview. The investigating administrator shall inform the teacher of the status of the investigation no longer later than five (5) teacher work days after the first notice to the teacher and no more than every five (5) teacher work days after the first status report, until the investigation is terminated. Should the investigation of the complaint prove the complaint to be unjustified, the teacher shall be so notified within two (2) teacher workdays of the termination of the investigation and no record of said complaint shall be placed in the teacher's personnel file. The administration shall have five (5) teacher workdays from receipt of a complaint to determine if the complaint is considered serious enough to warrant an investigation. All complaint investigations shall be terminated and a final determination made within forty (40) teacher workdays of the date the complaint is considered serious enough to warrant an investigation. In situations where a legal authority is investigating the complaint, the forty-five (45) teacher workdays will start on the date the investigating agency notifies the District of the completion of its investigation. Nothing in this article will prevent the administration from investigating newly discovered evidence. Unsubstantiated complaints shall not be used against a teacher. Should the complaining party still not be satisfied and take the concern to the Board, the teacher shall be so informed and have the right to provide the Board information concerning the issue. In no case shall such complaint be grounds for action, reprimand, or discipline against a teacher without the teacher having prior notice that would allow him/her to attempt to resolve the concern or provide information on the issue to the administration or Board, or be provided a due process hearing with representation if requested by the teacher.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

COMPLAINTS AGAINST PERSONNEL. When a complaint is made 1. The administration may commence an investigation as to the Board or authenticity of any of its members or administrators concerning information related to a teacher's conduct or to other activities that relate to the teacher's employment duties, and the complaint is considered serious enough to warrant an investigation, the teacher shall be informed as follows: During the time school is in session: within forty-eight (48) hours, excluding days not in session. During the summer break: within seventy-two (72) hours, excluding weekends and days the Board office is closed. Initial summer notification shall be attempted by phone with written notification to the member's last known address. The Board shall not be required to abide by the above timelines if prohibited to do so by a legal authority having jurisdiction over the complaint. Initially, the teacher No complaint will be informed placed in any personnel file of a certified member unless: a. The administration notifies the nature bargaining unit member of the complaint and provides the identity name(s) of the complainant before the administration talks with a student or staff member other than the person(s) submitting making the complaintcomplaint(s) to the Association President and/or Vice President. b. Upon the bargaining unit member’s request, a conference will be held (including the adult complainant, if he or she is agreeable to participate), with the certified staff member, and the principal or immediate supervisor of the certified staff member. c. The findings and resolution, if any, of the aforementioned conference have been reduced to writing by the principal or the immediate supervisor and initialed by the certified staff member. Such disclosure initialing shall not be required if students or construed as agreeing with the document, but only that the certificated staff members other than member received a copy of the complainant are not interviewed by document. Refusal to initial findings and resolution will be noted and the administration. If, after investigation, the administration determines that action may be taken on the complaint, a meeting materials filed per (d.) below. d. The certified staff member shall be held between the teacher and his/her administrator. At the meeting between the teacher and his/her administrator, the teacher shall have the alleged misconduct/complaint explained in full detail. The appropriate administrator and teacher shall attempt to resolve the party's complaint. Following the disclosure meeting, the teacher will have the right to given a follow-up meeting with his/her administrator, at which time the teacher shall be afforded the right to submit names of witnesses for the administration to interview. The investigating administrator shall inform the teacher copy of the status conference memo and be given an opportunity to write a rebuttal to such record for placement in the personnel file. Such rebuttal must be submitted within ten (10) days from the date the staff member initials the conference memo. e. Anonymous complaints will not be made a part of the investigation no longer than five (5) teacher work days after the first notice to the teacher and no more than every five (5) teacher work days after the first status report, until the investigation is terminated. Should the permanent file unless investigation of the complaint prove substantiates and provides evidence that a valid complaint exists. 2. Complaints will be advanced through the administration with attempts of resolution at the lowest possible level. No complaint regarding a bargaining unit member will be the subject of Board action unless the procedure outlined above has been followed. Should the complaint to not be unjustifiedresolved at the conclusion of the administrative complaint procedure and the complainant desires Board consideration of the complaint, then the teacher following procedure shall be so notified within two (2) teacher workdays implemented. a. Complainant shall notify the Superintendent in writing of his/her request for Board consideration of the termination complaint at the next regular Board meeting. b. Notice of the investigation and no record Board consideration of said the complaint will be given to the bargaining unit member involved personally or by means of registered/certified mailing at least three (3) days prior to the Board meeting. Notice will be mailed to the last registered address of the bargaining unit member filed with the Board. 3. The complaint shall be placed heard by the Board in executive session. The bargaining unit member will be allowed to remain in the teacher's personnel file. The administration shall have five (5) teacher workdays from receipt executive session called for purposes of a complaint to determine if the complaint is considered serious enough to warrant an investigation. All complaint investigations shall be terminated and a final determination made within forty (40) teacher workdays Board consideration of the date the complaint is considered serious enough to warrant an investigation. In situations where a legal authority is investigating the complaint, in order to hear the forty-five complainant and respond, and will be allowed to have one (451) teacher workdays will start on the date the investigating agency notifies the District of the completion of its investigation. Nothing in this article will prevent the administration from investigating newly discovered evidence. Unsubstantiated complaints shall not be used against a teacher. Should the complaining party still not be satisfied and take the concern to the Board, the teacher shall be so informed and have the right to provide the Board information concerning the issue. In no case shall such complaint be grounds for action, reprimand, or discipline against a teacher without the teacher having prior notice that would allow representative accompany him/her to attempt to resolve the concern meeting. 4. Resolution by Board action will become a part of the bargaining unit member’s file, and the bargaining unit member shall receive a copy of the action. The bargaining unit member may attach an opinion or provide information on the issue statement to the administration or Board, or be provided a due process hearing with representation if requested by filed complaint within ten (10) days of the teacherbargaining unit member’s receipt of the Board action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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COMPLAINTS AGAINST PERSONNEL. When a complaint is made 1. The administration may commence an investigation as to the Board authenticity of any information related to a complaint. No complaint will be placed in any personnel file of a certified member unless: a. The administration notifies the bargaining unit member of the complaint. b. Upon the bargaining unit member’s request, a conference was held (including the complainant, if he or any of its members or administrators concerning a teacher's conduct or she is agreeable to other activities that relate to participate), the teacher's employment dutiescertified staff member, and the complaint is considered serious enough principal or immediate supervisor of the certified staff member. c. The findings and resolution, if any, of the aforementioned conference have been reduced to warrant an investigation, writing by the teacher shall be informed as follows: During principal or the time school is in session: within forty-eight (48) hours, excluding days not in sessionimmediate supervisor and initialed by the certified staff member. During the summer break: within seventy-two (72) hours, excluding weekends and days the Board office is closed. Initial summer notification shall be attempted by phone with written notification to the member's last known address. The Board Such initialing shall not be required construed as agreeing with the document, but only that the certificated staff member received a copy of the document. Refusal to abide by the above timelines if prohibited to do so by a legal authority having jurisdiction over the complaint. Initially, the teacher initial findings and resolution will be informed noted and the materials filed per (d.) below. d. The certified staff member shall be given a copy of the nature conference memo and be given an opportunity to write a rebuttal to such record for placement in the personnel file. Such rebuttal must be submitted within ten (10) days from the date the staff member initials the conference memo. e. Anonymous complaints will not be made a part of the complaint and the identity of the complainant before the administration talks with a student or staff member other than the person(s) submitting the complaint. Such disclosure shall not be required if students or staff members other than the complainant are not interviewed by the administration. If, after investigation, the administration determines that action may be taken on the complaint, a meeting shall be held between the teacher and his/her administrator. At the meeting between the teacher and his/her administrator, the teacher shall have the alleged misconduct/complaint explained in full detail. The appropriate administrator and teacher shall attempt to resolve the party's complaint. Following the disclosure meeting, the teacher will have the right to a follow-up meeting with his/her administrator, at which time the teacher shall be afforded the right to submit names of witnesses for the administration to interview. The investigating administrator shall inform the teacher of the status of the investigation no longer than five (5) teacher work days after the first notice to the teacher and no more than every five (5) teacher work days after the first status report, until the investigation is terminated. Should the permanent file unless investigation of the complaint prove substantiates and provides evidence that a valid complaint exists. 2. Complaints will be advanced through the administration with attempts of resolution at the lowest possible level. No complaint regarding a bargaining unit member will be the subject of Board action unless the procedure outlined above has been followed. Should the complaint to not be unjustifiedresolved at the conclusion of the administrative complaint procedure and the complainant desires Board consideration of the complaint, then the teacher following procedure shall be so notified within two (2) teacher workdays implemented. a. Complainant shall notify the Superintendent in writing of his/her request for Board consideration of the termination complaint at the next regular Board meeting. b. Notice of the investigation and no record Board consideration of said the complaint will be given to the bargaining unit member involved personally or by means of registered/certified mailing at least three (3) days prior to the Board meeting. Notice will be mailed to the last registered address of the bargaining unit member filed with the Board. 3. The complaint shall be placed heard by the Board in executive session. The bargaining unit member will be allowed to remain in the teacher's personnel file. The administration shall have five (5) teacher workdays from receipt executive session called for purposes of a complaint to determine if the complaint is considered serious enough to warrant an investigation. All complaint investigations shall be terminated and a final determination made within forty (40) teacher workdays Board consideration of the date the complaint is considered serious enough to warrant an investigation. In situations where a legal authority is investigating the complaint, in order to hear the forty-five complainant and respond, and will be allowed to have one (451) teacher workdays will start on the date the investigating agency notifies the District of the completion of its investigation. Nothing in this article will prevent the administration from investigating newly discovered evidence. Unsubstantiated complaints shall not be used against a teacher. Should the complaining party still not be satisfied and take the concern to the Board, the teacher shall be so informed and have the right to provide the Board information concerning the issue. In no case shall such complaint be grounds for action, reprimand, or discipline against a teacher without the teacher having prior notice that would allow representative accompany him/her to attempt to resolve the concern meeting. 4. Resolution by Board action will become a part of the bargaining unit member’s file, and the bargaining unit member shall receive a copy of the action. The bargaining unit member may attach an opinion or provide information on the issue statement to the administration or Board, or be provided a due process hearing with representation if requested by filed complaint within ten (10) days of the teacherbargaining unit member’s receipt of the Board action.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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