Common use of Disciplinary Phase Clause in Contracts

Disciplinary Phase. If the identified concern persists and significant and sustainable improvement has not been made, the evaluator may recommend disciplinary action up to and including dismissal. The Covered Employee will be given written notification of any action of the Superintendent of Schools or designee. The T/CIP process and this section will not preclude the District from immediately moving to the disciplinary phase if warranted. The Covered Employee may be immediately moved to the Disciplinary Phase due to, but not limited to, insubordination, violation of district board policies, or violation of state law. 14.3 Any Covered Employee for whom an evaluation is made, will acknowledge such evaluation to indicate that the Covered Employee is aware of its contents. Both parties will acknowledge that the material has been reviewed with the understanding that it does not indicate agreement with the contents of the report. It is further understood that the acknowledgment does not indicate that the Covered Employee has waived any rights or protections provided by law or any terms of this Agreement. 14.4 If a Covered Employee feels that the final evaluation is incomplete or inaccurate, the Covered Employee may add any comments to the final evaluation report to be placed in the Covered Employee’s personnel file. 14.5 A counselor or non-probationary teacher rated ineffective or partially effective may appeal the content of their evaluation (standards 1-5 professional practices ratings or data used for standard 6) within 15 calendar days of receiving their final rating. This appeal must be made in writing to Human Resources and include grounds for the appeal. Any grounds not raised at the time the written appeal is filed shall be deemed waived. Evaluator and Covered Employee shall be notified of appeals protocol upon filing an appeal. Appeals will be heard by members of an appeals panel. Individually, the Covered Employee and/or evaluator may address the panel. Within 21 calendar days of filing, the panel will render a written recommendation to the Superintendent regarding each of the grounds of the appeal. The Superintendent will give a decision of no change in rating, new rating, or “no score,” and the reasons thereof in writing to the Covered Employee within 30 calendar days of the filing. The decision of the Superintendent shall be final. For the purpose of the earned increment calculation, a “no score” rating will equate to the effective increment. If it is found either through an appeal or grievance that the evaluation process was not used with fidelity as articulated in State law and/or District policies, the teacher’s rating will not impact their non-probationary status nor negatively impact their salary. Any timelines in this process may be extended by mutual agreement of the Covered Employee and District providing the entire process takes no longer than 90 calendar days. MVEA and Human Resources will select the appeals panel members within seven (7) calendar days of the Covered Employee filing an appeal. This panel will be comprised of 3 Covered Employees and 3 administrators (building principals and/or assistant principals). The appeals panel should represent the administrators and Covered Employees from the level (elementary, middle, or high) and Covered Employees from the subject area of the Covered Employee filing the appeal. The subject area shall be defined as primary or intermediate at the elementary level, and math, science, literacy, social studies, or electives at the middle and high school levels. No current Covered Employee or current administrator from the same building as the Covered Employee filing the appeal shall serve on the panel. If an alleged violation of the evaluation process is part of the Covered Employee’s claim, the Covered Employee may file a grievance. If the Covered Employee takes issue with the content of the evaluation, they may file an appeal. A Covered Employee cannot file both a grievance and an appeal. Grievances are initiated through the MVEA President or designee.

Disciplinary Phase. If the identified concern persists and significant and sustainable improvement has not been made, the evaluator may recommend disciplinary action up to and including dismissal. The Covered Employee will be given written notification of any action of the Superintendent of Schools or designee. The T/CIP process and this section will not preclude the District from immediately moving to the disciplinary phase if warranted. The Covered Employee may be immediately moved to the Disciplinary Phase due to, but not limited to, insubordination, violation of district board policies, or violation of state law. 14.3 Any Covered Employee for whom an evaluation is made, will acknowledge such evaluation to indicate that the Covered Employee is aware of its contents. Both parties will acknowledge that the material has been reviewed with the understanding that it does not indicate agreement with the contents of the report. It is further understood that the acknowledgment does not indicate that the Covered Employee has waived any rights or protections provided by law or any terms of this Agreement. 14.4 If a Covered Employee feels that the final evaluation is incomplete or inaccurate, the Covered Employee may add any comments to the final evaluation report to be placed in the Covered Employee’s personnel file. 14.5 A counselor or non-probationary teacher rated ineffective or partially effective may appeal the content of their evaluation (standards 1-5 professional practices ratings or data used for standard 6) within 15 calendar days of receiving their final rating. This appeal must be made in writing to Human Resources and include grounds for the appeal. Any grounds not raised at the time the written appeal is filed shall be deemed waived. Evaluator and Covered Employee shall be notified of appeals protocol upon filing an appeal. Appeals will be heard by members of an appeals panel. Individually, the Covered Employee and/or evaluator may address the panel. Within 21 calendar days of filing, the panel will render a written recommendation to the Superintendent regarding each of the grounds of the appeal. The Superintendent will give a decision of no change in rating, new rating, or “no score,” and the reasons thereof in writing to the Covered Employee within 30 calendar days of the filing. The decision of the Superintendent shall be final. For the purpose of the earned increment calculation, a “no score” rating will equate to the effective increment. If it is found either through an appeal or grievance that the evaluation process was not used with fidelity as articulated in State law and/or District policies, the teacher’s rating will not impact their non-probationary status nor negatively impact their salary. Any timelines in this process may be extended by mutual agreement of the Covered Employee and District providing the entire process takes no longer than 90 calendar days. MVEA and Human Resources will select the appeals panel members within seven (7) calendar days of the Covered Employee filing an appeal. This panel will be comprised of 3 Covered Employees and 3 administrators (building principals and/or assistant principals). The appeals panel should represent the administrators and Covered Employees from the level (elementary, middle, or high) and Covered Employees from the subject area of the Covered Employee filing the appeal. The subject area shall be defined as primary or intermediate at the elementary level, and math, science, literacy, social studies, or electives at the middle and high school levels. No current Covered Employee or current administrator from the same building as the Covered Employee filing the appeal shall serve on the panel. If an alleged violation of the evaluation process is part of the Covered Employee’s claim, the Covered Employee may file a grievance. If the Covered Employee takes issue with the content of the evaluation, they may file an appeal. A Covered Employee cannot file both a grievance and an appeal. Grievances are initiated through the MVEA President or designee.