PUBLIC CHARGES. 30.1 The District shall process public charges according to the following procedures. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if the arbitrator felt the unit member were disadvantaged by failure to follow these procedures. 30.2 A complaint regarding a bargaining unit member made to any member of the administration by any student, parent, or person which alleges professional error, poor judgment in the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance of the bargaining unit member, shall be discussed with the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek discipline, the unit member shall be provided an opportunity to meet personally with the administrator responsible for the investigation and respond to the allegations. 30.3 When charges by any of the above complainants has been reduced to writing, the bargaining unit member shall be given a copy within 3 work days and shall be provided an opportunity to respond to the charge and attach a written statement before it is placed in his or her file. In the event the charge has not been reduced to writing, the bargaining unit member may, at his or her discretion, require that the complaint be reduced to writing by the administration. The bargaining unit member and the District may agree that the written complaint may not be placed in the personnel file. 30.4 Should the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant a meeting between the bargaining unit member and the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice to the District. 30.5 The District shall not dismiss or refuse to re-employ a bargaining unit member on the basis of a written complaint that cannot be verified.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 The District shall process 28.1 Complaints involving charges of sexual harassment, crimes (whether felony or misdemeanor), or charges of discrimination will not be considered public charges according to the following proceduresunder this Article. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if the arbitrator felt the unit member were disadvantaged by failure to follow these proceduresThese charges will be pursued under appropriate Policies and Procedures.
30.2 A 28.2 Any complaint regarding about a bargaining unit member made to any member of the administration by any student, parent, or person which alleges professional error, poor judgment in the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance of the bargaining unit member, shall be discussed with the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek discipline, the unit faculty member shall be immediately investigated by the Superintendent/President or his designee. If the complaint appears to have substance, the complaint and the name of the person making the complaint must be provided an opportunity to meet personally the faculty member within ten (10) working days of receipt of the complaint. If this is not done, the information received must be destroyed. Anonymous complaints must be destroyed.
28.3 The complaint shall be put into writing, with the administrator responsible for the investigation and respond original submitted to the allegations.
30.3 When charges by any of the above complainants has been reduced to writing, the bargaining unit faculty member shall be given and a copy within 3 work days and shall be provided an opportunity to respond to the charge and attach a written statement before it is placed in his or her filedesignated management person. In the event the charge has not been reduced to writing, the bargaining unit member may, at his or her discretion, require that the complaint be reduced to writing by the administration. The bargaining unit member and the District may agree that the written complaint may not be placed in the personnel file.
30.4 Should the bargaining unit involved faculty member or the District Superintendent/President or his designee believe that the allegation allegations in the complaint is are sufficiently serious to warrant a meeting between meeting, the bargaining unit faculty member and a management representative shall schedule a meeting with the complainant. An Association representative may be present at said meeting, if so requested by the faculty member.
28.4 The faculty member may use non-classroom time for the purpose of initialing and dating the written complaint and preparing a written response to such complaint. The response shall be attached to the written complaint.
28.5 The written complaint and the attached response shall be placed in a dispute settlement file. If the faculty member challenges the truth of the allegations contained in the complaint, a grievance may be filed on that basis and a finding to the effect that such allegations are untrue shall result in the immediate destruction of all copies of the written complaint. The failure by the faculty member to file a grievance shall not be construed as an admission by the faculty member that the allegations contained in the complaint are true; however, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at complaint and the meeting by providing reasonable notice to response will be placed in the Districtfaculty member's personnel file.
30.5 28.6 The District shall not dismiss use a complaint as a basis for dismissal or refuse refusal to re-employ reemploy a bargaining unit faculty member on unless the basis of a written complaint that cannot be verifiedis placed in the faculty member's personnel file in accordance with the procedure outlined in Paragraph 28.5, above.
Appears in 4 contracts
Samples: Master Contract, Master Contract, Master Contract
PUBLIC CHARGES. 30.1 The District 9.1 Any citizen or parent complaint to a Board member about a teacher shall process public charges according be reported immediately to the following proceduresSuperintendent or his/her designee who shall inform the teacher within three (3) working days. Failure Any citizen or parent complaint received by an administrator shall be reported immediately to do so is a grievable offense which could mean an arbitrator would not allow the teacher by the administrator receiving the complaint before any discipline growing from the public charge if the arbitrator felt the unit member were disadvantaged by failure to follow these proceduresaction or further discussion.
30.2 A complaint regarding a bargaining unit member made to any member of 9.2 Should the administration by any student, parent, involved teacher or person which alleges professional error, poor judgment in the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance of the bargaining unit member, shall be discussed with the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek discipline, the unit member shall be provided an opportunity to meet personally with the administrator responsible for the investigation and respond to the allegations.
30.3 When charges by any of the above complainants has been reduced to writing, the bargaining unit member shall be given a copy within 3 work days and shall be provided an opportunity to respond to the charge and attach a written statement before it is placed in his or her file. In the event the charge has not been reduced to writing, the bargaining unit member may, at his or her discretion, require that the complaint be reduced to writing by the administration. The bargaining unit member and the District may agree that the written complaint may not be placed in the personnel file.
30.4 Should the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant warrants a meeting, a meeting shall be scheduled between the bargaining unit member complainant and the teacher. An Association representative shall be present at said meeting, if so requested by the teacher. If the meeting cannot be scheduled before or after the regular student day, the teacher and requested Association representative shall be given compensated release time for the purpose of attending the meeting. An administrator shall be present at said meeting.
9.3 If the matter is not resolved at the meeting to the satisfaction of the complainant, he/she shall put his/her complaint into writing and submit the evaluator shall endeavor original to set up the teacher with a meetingcopy to the teacher’s immediate supervisor. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice teacher’s response shall be attached to the Districtwritten complaint. If no written complaint is received, the matter shall be dropped.
30.5 9.4 The District Board shall not dismiss or refuse to re-employ a bargaining unit member teacher on the basis of a public charge, unless the following occurs:
9.4.1 The Board conducts a thorough and orderly investigation and evaluation of the direct evidence;
9.4.2 The Board finds, after a consideration of all the direct evidence in light of the principle that one is innocent until proven guilty, and by the preponderance of direct evidence that there has been substantially serious and improper conduct on the part of the teacher;
9.4.3 The Association representative may be present and be heard at the meeting; and
9.4.4 Hearsay evidence shall not be considered.
9.5 At any point of the procedure, if the allegation is proven groundless or dropped by the complainant, all records relating to the complaint shall be removed from the teacher’s personnel file.
9.6 If the complaint is reduced to writing and deemed of substance by the Board, the written complaint that canand the attached response shall be placed in the teacher’s personnel file until expunged under provisions of the Education Code.
9.7 The District shall refer, for prosecution, and violation of Education Code Section 44811. Ed Code Sec. 44811 reads as follows: “Any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of his or her duties materially disrupts class work or extracurricular activities or involves substantial disorder is guilty of a misdemeanor which is punishable by a fine not be verifiedexceeding one hundred dollars ($100), by imprisonment in the county jail for a period of not more than 10 days, or both. This section does not apply to any otherwise lawful employee concerted activity, including, but not limited to, picketing and the distribution of handbills.”
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 The District 32.1 It shall process public charges according to be the following procedures. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if the arbitrator felt the unit member were disadvantaged by failure to follow these procedures.
30.2 A complaint regarding a bargaining unit member made to any member policy of the administration by any studentDistrict to afford students, parent, or person which alleges professional error, poor judgment in the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance parents and other members of the bargaining unit member, shall be discussed community with the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek discipline, the unit member shall be provided an opportunity to meet personally with the administrator responsible for the investigation and respond to the allegationspresent concerns involving College personnel.
30.3 When charges by any 32.2 The District places trust in College employees and desires to support their actions in such a manner that faculty are free from unnecessary or spiteful criticism and complaints. Constructive criticism of the above complainants has been reduced College is welcome when it is motivated by a sincere desire to writing, improve the bargaining unit member quality of the educational program and to equip the College to perform its task more effectively.
32.3 Complaints shall be given a copy within 3 work days and shall be provided an opportunity to respond to the charge and attach a written statement before it is placed in his or her file. In the event the charge has not been reduced to writing, the bargaining unit member may, at his or her discretion, require that the complaint be reduced to writing by the administration. The bargaining unit member and the District may agree that the written complaint may not be placed in the personnel file.processed as follows:
30.4 Should the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant a meeting between the bargaining unit member and the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice to the District.
30.5 The District shall not dismiss or refuse to re-employ a bargaining unit member 32.3.1 Complaints charging discrimination on the basis of race, sex, color, religion, national origin, age, disability or Disabled Veteran status or of sexual harassment should be referred to the appropriate Affirmative Action procedure.
32.3.2 Students presenting complaints should follow the process as outlined in the Student Handbook for the appropriate student grievance procedure. It is understood that nothing contained in this student grievance procedure shall deprive any faculty member of the right to due process and just cause under this Agreement and applicable state law.
32.3.3 Complainants should first attempt to resolve a written complaint that caninformally with the involved faculty member.
32.3.4 In the absence of informal resolution of a complaint, the complainant shall direct the complaint to the faculty member’s immediate supervisor who shall process the complaint as follows:
32.3.4.1 The immediate supervisor shall notify an involved faculty member of any public complaint which may form the basis of a negative evaluation within a reasonable period of time following its receipt. Such complaint must be presented in writing and identify the name of the complainant and the date of the complaint.
32.3.4.2 The immediate supervisor shall investigate the complaint, providing both parties every opportunity for explanation, comment, and presentation of facts as a basis for assessment and possible resolution.
32.3.5 If necessary, the complainant of the involved faculty member may request review of the immediate supervisor’s assessment and possible resolutions of the complaint by the President (or designee). The President may respond based on a review of the existing record or, at his/her discretion, request additional evidence. Such additional evidence may include scheduling a meeting with the complainant and the involved faculty member for the purpose of obtaining supplemental facts and clarifying issues.
32.3.6 The Board may review any citizen complaint in Closed Session.
32.3.7 If any complaint is appealed, the Unit Members will have the right to Association representation at any meeting concerning the appeal.
32.3.8 No complaint shall be entered into the faculty member’s personnel file unless the faculty member has been given a copy of the complaint and backup material placed in the file, the right to review
32.3.9 Complaints which are withdrawn or found to be false pursuant to this procedure shall not be verifiedutilized in any evaluation or disciplinary action against the faculty member.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 The District 32.1 It shall process public charges according to be the following procedures. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if the arbitrator felt the unit member were disadvantaged by failure to follow these procedures.
30.2 A complaint regarding a bargaining unit member made to any member policy of the administration by any studentDistrict to afford students, parent, or person which alleges professional error, poor judgment in the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance parents and other members of the bargaining unit member, shall be discussed community with the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek discipline, the unit member shall be provided an opportunity to meet personally with the administrator responsible for the investigation and respond to the allegationspresent concerns involving College personnel.
30.3 When charges by any 32.2 The District places trust in College employees and desires to support their actions in such a manner that faculty are free from unnecessary or spiteful criticism and complaints. Constructive criticism of the above complainants has been reduced College is welcome when it is motivated by a sincere desire to writing, improve the bargaining unit member quality of the educational program and to equip the College to perform its task more effectively.
32.3 Complaints shall be given a copy within 3 work days and shall be provided an opportunity to respond to the charge and attach a written statement before it is placed in his or her file. In the event the charge has not been reduced to writing, the bargaining unit member may, at his or her discretion, require that the complaint be reduced to writing by the administration. The bargaining unit member and the District may agree that the written complaint may not be placed in the personnel file.processed as follows:
30.4 Should the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant a meeting between the bargaining unit member and the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice to the District.
30.5 The District shall not dismiss or refuse to re-employ a bargaining unit member 32.3.1 Complaints charging discrimination on the basis of race, sex, color, religion, national origin, age, disability or Disabled Veteran status or of sexual harassment should be referred to the appropriate Affirmative Action procedure.
32.3.2 Students presenting complaints should follow the process as outlined in the Student Handbook for the appropriate student grievance procedure. It is understood that nothing contained in this student grievance procedure shall deprive any faculty member of the right to due process and just cause under this Agreement and applicable state law.
32.3.3 Complainants should first attempt to resolve a complaint informally with the involved faculty member.
32.3.4 In the absence of informal resolution of a complaint, the complainant shall direct the complaint to the faculty member’s immediate supervisor who shall process the complaint as follows:
32.3.4.1 The immediate supervisor shall notify an involved faculty member of any public complaint which may form the basis of a negative evaluation within a reasonable period of time following its receipt. Such complaint must be presented in writing and identify the name of the complainant and the date of the complaint.
32.3.4.2 The immediate supervisor shall investigate the complaint, providing both parties every opportunity for explanation, comment, and presentation of facts as a basis for assessment and possible resolution.
32.3.5 If necessary, the complainant of the involved faculty member may request review of the immediate supervisor’s assessment and possible resolutions of the complaint by the President (or designee). The President may respond based on a review of the existing record or, at his/her discretion, request additional evidence. Such additional evidence may include scheduling a meeting with the complainant and the involved faculty member for the purpose of obtaining supplemental facts and clarifying issues.
32.3.6 The Board may review any citizen complaint in Closed Session.
32.3.7 If any complaint is appealed, the Unit Members will have the right to Association representation at any meeting concerning the appeal.
32.3.8 No complaint shall be entered into the faculty member’s personnel file unless the faculty member has been given a copy of the complaint and backup material placed in the file, the right to review the complaint and material on duty time, and the right to submit a written complaint that canresponse which will be attached to the complaint.
32.3.9 Complaints which are withdrawn or found to be false pursuant to this procedure shall not be verifiedutilized in any evaluation or disciplinary action against the faculty member.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 8.1 The Board shall not allow charges or complaints against individual unit members of the District shall process at a public charges according meeting of the Board. All such charges, if presented directly to the Board, shall be referred to the Superintendent for investigation. In addition, any parent or citizen complaint directed to the school administration about a teacher that is deemed to be serious enough to warrant investigation shall first be addressed to the Site Principal. The Site Principal shall notify the Superintendent of the complaint and that he or she is conducting an investigation. The Superintendent may respond, after evaluation of the complaint, that his/her office will take over the investigation and the following procedures. Failure procedures will then take place:
8.1.1 If no substance is found to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if or complaint, then the arbitrator felt matter will be dropped and the Principal or Superintendent’s notification that no substance to the charge was found will be mailed to the unit member were disadvantaged by failure and that complainant, and filed in the unit member’s personnel file. This preliminary investigation, finding, mailing, and filing shall be accomplished within a reasonable time of the initial notification to follow these proceduresthe Superintendent or the Principal of the complaint. The unit member may attach a statement to the material that is placed in his personnel file. If no substance is found to the charge or complaint, then all materials pertaining to the charge or complaint shall be removed upon unit member’s request.
30.2 A complaint regarding a bargaining unit member made 8.1.2 If during the preliminary investigation, the Superintendent or Site Principal finds reason to any member of the administration by any student, parent, or person which alleges professional error, poor judgment in the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance of the bargaining unit member, shall believe there may be discussed with the bargaining unit member and the complainant identified substance to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse charge or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek disciplinecomplaint, the unit member shall be provided an opportunity to meet personally with notified in writing of the administrator responsible for charge or complaint and of the investigation and respond to identity of the allegationscomplainant.
30.3 When charges by any 8.1.2.1 If, at the end of the above complainants has been reduced to writingpreliminary investigation, the bargaining unit member shall be given a copy within 3 work days and shall be provided an opportunity to respond Superintendent or Principal finds no substance to the charge or complaint, then the matter will be dropped, and notification shall take place as in paragraph 8.1.1 above. The unit member may attach a written statement before it to the material that is placed in his his/her personnel file.
8.1.3 Within ten (10) days of the Superintendent’s or her fileSite Principal’s notification of the results of the preliminary investigation, either party or the Superintendent, if he/she deems it advisable, may request that an administrative conference be held. In The Superintendent shall notify all parties as to the event date and time of said conference. The complainant will be requested to be present and submit the complaint in writing. District assistance by a disinterested management employee will be offered to prepare the written complaint. If a satisfactory resolution between the parties is achieved, the matter will be dropped, and a copy of the written charge, statements by the unit member, findings by the Superintendent, and the resolution will be placed in the unit member’s personnel file within ten (10) days.
8.1.4 Failure by the complainant to attend the administrative conference or to place the charge has not been reduced or complaint in writing shall cause the complainant to writing, the bargaining unit member may, at his or her discretion, require be dropped and an annotated entry to that the complaint be reduced to writing by the administration. The bargaining unit member and the District may agree that the written complaint may not effect will be placed in the personnel file. All materials pertaining to the complaint shall be removed from the personnel file upon the unit member’s request.
30.4 Should 8.1.5 If, as a result of the bargaining administrative conference, a satisfactory resolution between the parties is not achieved, then the Superintendent shall judge the validity or invalidity of the charge. A copy of the written charge, statements by the unit member member, findings of the Superintendent, points of disagreement, and proposed resolution by the Superintendent, shall be placed in the unit member’s personnel file within ten (10) days.
8.1.6 Within ten (10) days of the conclusion of the administrative conference, either party or the Superintendent may appeal the entire matter to a closed session of the Board, whose decision will be the final decision of the District believe that in regard to the allegation matter. At the closed session, the Board will consider the written charge, the statements of the unit member, the findings of the Superintendent or Site Principal, points of disagreement, the Superintendent’s statement of the validity or non-validity of the charge, and any proposed resolution. The Board’s decision and a statement of its findings shall be placed in the complaint is sufficiently serious to warrant a meeting between unit member’s personnel file within ten (10) days of the bargaining unit member and conclusion of the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice to the Districtclosed session.
30.5 The District 8.1.7 Any party to these proceedings may be accompanied by a representative of his or her choosing at any level of the proceedings under this Article.
8.1.8 Charges or complaints which are withdrawn or shown to be false shall not dismiss be utilized in any disciplinary, dismissal, or refuse to re-employ a bargaining evaluation procedure against the unit member on the basis of a written complaint that cannot be verifiedmember.
Appears in 1 contract
Samples: Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 The District 32.1 It shall process public charges according to be the following procedures. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if the arbitrator felt the unit member were disadvantaged by failure to follow these procedures.
30.2 A complaint regarding a bargaining unit member made to any member policy of the administration by any studentDistrict to afford students, parent, or person which alleges professional error, poor judgment in the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance parents and other members of the bargaining unit member, shall be discussed community with the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek discipline, the unit member shall be provided an opportunity to meet personally with the administrator responsible for the investigation and respond to the allegationspresent concerns involving College personnel.
30.3 When charges by any 32.2 The District places trust in College employees and desires to support their actions in such a manner that faculty are free from unnecessary or spiteful criticism and complaints. Constructive criticism of the above complainants has been reduced College is welcome when it is motivated by a sincere desire to writing, improve the bargaining unit member quality of the educational program and to equip the College to perform its task more effectively.
32.3 Complaints shall be given a copy within 3 work days and shall be provided an opportunity to respond to the charge and attach a written statement before it is placed in his or her file. In the event the charge has not been reduced to writing, the bargaining unit member may, at his or her discretion, require that the complaint be reduced to writing by the administration. The bargaining unit member and the District may agree that the written complaint may not be placed in the personnel file.processed as follows:
30.4 Should the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant a meeting between the bargaining unit member and the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice to the District.
30.5 The District shall not dismiss or refuse to re-employ a bargaining unit member 32.3.1 Complaints charging discrimination on the basis of race, sex, color, religion, national origin, age, disability or Disabled Veteran status or of sexual harassment should be referred to the appropriate Affirmative Action procedure.
32.3.2 Students presenting complaints should follow the process as outlined in the Student Handbook for the appropriate student grievance procedure. It is understood that nothing contained in this student grievance procedure shall deprive any faculty member of the right to due process and just cause under this Agreement and applicable state law.
32.3.3 Complainants should first attempt to resolve a written complaint that caninformally with the involved faculty member.
32.3.4 In the absence of informal resolution of a complaint, the complainant shall direct the complaint to the faculty member’s immediate supervisor who shall process the complaint as follows:
32.3.4.1 The immediate supervisor shall notify an involved faculty member of any public complaint which may form the basis of a negative evaluation within a reasonable period of time following its receipt. Such complaint must be presented in writing and identify the name of the complainant and the date of the complaint.
32.3.4.2 The immediate supervisor shall investigate the complaint, providing both parties every opportunity for explanation, comment, and presentation of facts as a basis for assessment and possible resolution.
32.3.5 If necessary, the complainant of the involved faculty member may request review of the immediate supervisor’s assessment and possible resolutions of the complaint by the President (or designee). The President may respond based on a review of the existing record or, at his/her discretion, request additional evidence. Such additional evidence may include scheduling a meeting with the complainant and the involved faculty member for the purpose of obtaining supplemental facts and clarifying issues.
32.3.6 The Board may review any citizen complaint in Closed Session.
32.3.7 If any complaint is appealed, the faculty member will have the right to Association representation at any meeting concerning the appeal.
32.3.8 No complaint shall be entered into the faculty member’s personnel file unless the faculty member has been given a copy of the complaint and backup material placed in the file, the right to review
32.3.9 Complaints which are withdrawn or found to be false pursuant to this procedure shall not be verifiedutilized in any evaluation or disciplinary action against the faculty member.
Appears in 1 contract
Samples: Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 The District shall process public charges according to the following procedures. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the
12.1 A public charge if for the arbitrator felt the unit member were disadvantaged purpose of this article shall be defined as a charge or complaint by failure to follow these procedures.
30.2 A complaint regarding a bargaining unit member made to parent or guardian of a student, or by any member of the administration general public who has a legitimate interest in the programs and services of the County Office. Complaints by any studentother bargaining unit members, parentemployees, or person employees of contracting agencies shall not be considered a public charge. SCOE public complaint policy 1312.00 will be reviewed by the administrator receiving the complaint to determine which alleges professional errorcomplaint process to use.
12.2 Any anonymous or unsubstantiated public complaint shall not be used in a unit member's evaluation or included in a unit member's personnel file. If the administrator receiving the public complaint decides that it is not serious enough to warrant further attention, poor judgment it shall not be reported to the unit member.
12.2.1 If the complaint is determined to be frivolous or not warrant further attention, the County Office shall not discipline or refuse to reemploy such unit member on the basis of such allegation or complaint, nor shall the complaint form the basis for a negative evaluation or be placed in the execution unit member's personnel file.
12.3 Complaints or charges of professional responsibility any event that happened twenty (20) or personal misconduct, which has affected or might affect more working days prior to the work performance date of the bargaining unit member, charge shall not be discussed with pursued. Exceptions may be made when good cause exists for delay in reporting or for further investigation.
12.4 If the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event administrator believes that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek disciplinedoes warrant further attention and investigation, the unit member shall be provided an opportunity to meet personally with informed within five (5) working days of the receipt of the complaint and the administrator responsible for shall investigate the investigation complainant's concerns and respond to the allegationsunit member's position.
30.3 When charges by any 12.4.1 The unit member may request the administrator schedule a meeting of the above complainants has been reduced to writingmember, the bargaining complainant and the administrator. However, if the complaint involves a charge under Section 44939 or 44949 of the Education Code, any hearing/investigation shall be held as prescribed by those applicable sections of the Education Code.
12.4.2 During such a meeting, the unit member shall be given a copy within 3 work days and shall be provided have the right to have an opportunity to respond to Association representative present.
12.4.3 After the charge and attach a written statement before it meeting, if the administrator determines that further investigation is placed in his or her file. In the event the charge has not been reduced to writingwarranted, the bargaining unit member may, at his or her discretion, require that the complaint shall be reduced to writing and signed by the administrationcomplainant. The bargaining A copy of the charges shall be provided to the unit member within five (5) working days of the meeting.
12.4.4 If the unit member has not requested a meeting with the complainant, but the administrator decides to continue to investigate the complaint, all charges will be put in writing and signed by the District may agree complainant. All charges will be given to the unit member within five (5) working days of when the unit member is verbally informed of the complaint.
12.5 The unit member shall have the right to respond in writing to any written statement regarding the complaint and such response shall be attached to the complaint.
12.6 If, after investigating the complaint, the administration determines that it is appropriate to document the written incident and to have the documentation placed in the unit member's personnel file, the provision of Article VII shall be followed. In this case, reference to the complaint may not be included in the member’s evaluation.
12.7 Contents of an evaluation/public charge report which are derived from an allegedly improper procedure may be challenged/appealed through the grievance procedure of the contract. Those portions of the charge which are successfully challenged through the grievance procedure shall neither be placed in the unit member's personnel filefile nor utilized in any evaluation or disciplinary action against the unit member.
30.4 Should the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant a meeting between the bargaining unit member and the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice to the District.
30.5 The District 12.8 This Article shall not dismiss or refuse to re-employ a bargaining unit member on prohibit the basis investigation and reporting of a written complaint that cannot be verifiedcriminal allegations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 a. If parents, other employees, or community members have a complaint against a unit member, the District will direct the complainant to communicate directly with the person against whom the complaint is lodged. The District shall process public charges according will encourage the complainant to the following procedures. Failure try to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if the arbitrator felt resolve concerns with the unit member were disadvantaged by failure to follow these procedurespersonally.
30.2 A b. If the complaint regarding a bargaining unit member made to any member of is not resolved informally by the administration by any student, parent, or person which alleges professional error, poor judgment in complainant and the execution of professional responsibility or personal misconduct, which has affected or might affect the work performance of the bargaining unit member, shall be discussed with the bargaining unit member and the complainant identified may submit the complaint in writing, signed by the complainant, to the bargaining unit member within 3 work days of receiving the information or, if Site Administrator or immediate discipline is contemplated, within 24 hours of receiving the informationsupervisor. In the event that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek discipline, the unit member shall be provided an opportunity to meet personally with the administrator responsible for the investigation and respond to the allegations.
30.3 When charges by any of the above complainants has been reduced to writing, the bargaining The unit member shall be given a copy of the written complaint and shall have the right to respond orally or in writing within 3 ten (10) work days and shall after receipt of the complaint. Any written response made by the unit member will be provided an opportunity attached to respond to any report of the charge and attach a written statement before it is complaint placed in his or her the unit member’s personnel file. In If the event the charge has complaint is not been reduced to put in writing, the bargaining unit member may, at his or her discretion, require District will advise the complainant that it cannot proceed with the investigation. If the complaint is not put in writing, the complaint cannot be reduced to writing by used in an evaluation of the administrationunit member. The bargaining unit member and Nothing herein shall limit the District may agree that from proceeding with the investigation and otherwise processing the complaint.
c. The Site Administrator or immediate supervisor shall be responsible for investigating the written complaint may not to be placed in investigated. Any investigation shall include an interview with the personnel fileunit member against whom the complaint has been made. The Site Administrator or immediate supervisor will attempt to resolve the complaint after making, or after having caused to be made, an investigation of the alleged facts and circumstances.
30.4 Should the bargaining unit member or the District believe that the allegation in d. Once the complaint has been put in writing and is sufficiently serious to warrant a meeting between the bargaining unit member and signed by the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation be represented by a Federation representative at any meeting regarding the meeting by providing reasonable notice complaint.
e. If the complaint remains unresolved after the Site Administrator or immediate supervisor’s review and investigation, the complaint shall be referred to the DistrictSuperintendent, along with the supervisor’s report, a copy of which shall be provided to the unit member. The Superintendent shall issue a written decision. The complainant shall consider the Superintendent’s decision as final; however, the complainant or the employee may appeal the matter to the Governing Board.
30.5 f. Any appeal to the Board must be filed in writing with the Board within ten (10) working days following receipt of the decision by the Superintendent.
g. Should the employee appeal to the Governing Board, the Superintendent shall prepare a report, a copy of which shall be provided to the employee. The District Superintendent’s report shall not dismiss contain the following:
i. The name of the employee and complainant.
ii. A brief summary of the facts.
iii. A copy of the original complaint.
iv. A summary of the action taken by the Superintendent.
h. The Board shall address the appeal. All complaints or refuse to re-employ public charges concerning a bargaining unit member on shall be discussed in closed session unless the basis employee requests that the issue charges be addressed in open session. All parties to the complaint may be asked to meet with the Board in closed session. A unit member has the right to a Federation representative at such a hearing in closed session meeting before the Board. The decision of the Board regarding the appeal following the hearing shall be final.
i. The Federation may utilize the grievance procedure, commencing with Step 5, should it disagree with the Board’s decision by requesting a written complaint that cannot be verified.hearing before an arbitrator within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 The District shall process public charges according to the following procedures. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the 12.1 A public charge if for the arbitrator felt the unit member were disadvantaged purpose of this article shall be defined as a charge or complaint by failure to follow these procedures.
30.2 A complaint regarding a bargaining unit member made to parent or guardian of a student, or by any member of the administration general public who has a legitimate interest in the programs and services of the County Office. Complaints by any studentother bargaining unit members, parentemployees, or person employees of contracting agencies shall not be considered a public charge. SCOE public complaint policy 1312.00 will be reviewed by the administrator receiving the complaint to determine which alleges professional errorcomplaint process to use.
12.2 Any anonymous or unsubstantiated public complaint shall not be used in a unit member's evaluation or included in a unit member's personnel file. If the administrator receiving the public complaint decides that it is not serious enough to warrant further attention, poor judgment it shall not be reported to the unit member.
12.2.1 If the complaint is determined to be frivolous or not warrant further attention, the County Office shall not discipline or refuse to reemploy such unit member on the basis of such allegation or complaint, nor shall the complaint form the basis for a negative evaluation or be placed in the execution unit member's personnel file.
12.3 Complaints or charges of professional responsibility any event that happened twenty (20) or personal misconduct, which has affected or might affect more working days prior to the work performance date of the bargaining unit member, charge shall not be discussed with pursued. Exceptions may be made when good cause exists for delay in reporting or for further investigation.
12.4 If the bargaining unit member and the complainant identified to the bargaining unit member within 3 work days of receiving the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. In the event administrator believes that these notification and discussion procedures are precluded by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of students, the bargaining unit member shall only be provided the complaint at the appropriate point in the investigation process. In these circumstances prior to a final decision on whether to seek disciplinedoes warrant further attention and investigation, the unit member shall be provided an opportunity to meet personally with informed within five (5) working days of the receipt of the complaint and the administrator responsible for shall investigate the investigation complainant's concerns and respond to the allegationsunit member's position.
30.3 When charges by any 12.4.1 The unit member may request the administrator schedule a meeting of the above complainants has been reduced to writingmember, the bargaining complainant and the administrator. However, if the complaint involves a charge under Section 44939 or 44949 of the Education Code, any hearing/investigation shall be held as prescribed by those applicable sections of the Education Code.
12.4.2 During such a meeting, the unit member shall be given a copy within 3 work days and shall be provided have the right to have an opportunity to respond to Association representative present.
12.4.3 After the charge and attach a written statement before it meeting, if the administrator determines that further investigation is placed in his or her file. In the event the charge has not been reduced to writingwarranted, the bargaining unit member may, at his or her discretion, require that the complaint shall be reduced to writing and signed by the administrationcomplainant. The bargaining A copy of the charges shall be provided to the unit member within five (5) working days of the meeting.
12.4.4 If the unit member has not requested a meeting with the complainant, but the administrator decides to continue to investigate the complaint, all charges will be put in writing and signed by the District may agree complainant. All charges will be given to the unit member within five (5) working days of when the unit member is verbally informed of the complaint.
12.5 The unit member shall have the right to respond in writing to any written statement regarding the complaint and such response shall be attached to the complaint.
12.6 If, after investigating the complaint, the administration determines that it is appropriate to document the written incident and to have the documentation placed in the unit member's personnel file, the provision of Article VII shall be followed. In this case, reference to the complaint may not be included in the member’s evaluation.
12.7 Contents of an evaluation/public charge report which are derived from an allegedly improper procedure may be challenged/appealed through the grievance procedure of the contract. Those portions of the charge which are successfully challenged through the grievance procedure shall neither be placed in the unit member's personnel filefile nor utilized in any evaluation or disciplinary action against the unit member.
30.4 Should the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant a meeting between the bargaining unit member and the complainant, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at the meeting by providing reasonable notice to the District.
30.5 The District 12.8 This Article shall not dismiss or refuse to re-employ a bargaining unit member on prohibit the basis investigation and reporting of a written complaint that cannot be verifiedcriminal allegations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
PUBLIC CHARGES. 30.1 32.1 It shall be the policy of the District to afford students, parents and other members of the community with an opportunity to present concerns involving College personnel.
32.2 The District places trust in College employees and desires to support their actions in such a manner that faculty are free from unnecessary or spiteful criticism and complaints. Constructive criticism of the College is welcome when it is motivated by a sincere desire to improve the quality of the educational program and to equip the College to perform its task more effectively.
32.3 Complaints shall process public charges according be processed as follows:
32.3.1 Complaints charging discrimination on the basis of race, sex, color, religion, national origin, age, disability or Disabled Veteran status or of sexual harassment should be referred to the following procedures. Failure to do so is a grievable offense which could mean an arbitrator would not allow any discipline growing from the public charge if the arbitrator felt the unit member were disadvantaged by failure to follow these proceduresappropriate Affirmative Action procedure.
30.2 A complaint regarding a bargaining unit member made to 32.3.2 Students presenting complaints should follow the process as outlined in the Student Handbook for the appropriate student grievance procedure. It is understood that nothing contained in this student grievance procedure shall deprive any faculty member of the administration right to due process and just cause under this Agreement and applicable state law.
32.3.3 Complainants should first attempt to resolve a complaint informally with the involved faculty member.
32.3.4 In the absence of informal resolution of a complaint, the complainant shall direct the complaint to the faculty member’s immediate supervisor who shall process the complaint as follows:
32.3.4.1 The immediate supervisor shall notify an involved faculty member of any public complaint which may form the basis of a negative evaluation within a reasonable period of time following its receipt. Such complaint must be presented in writing and identify the name of the complainant and the date of the complaint.
32.3.4.2 The immediate supervisor shall investigate the complaint, providing both parties every opportunity for explanation, comment, and presentation of facts as a basis for assessment and possible resolution.
32.3.5 If necessary, the complainant of the involved faculty member may request review of the immediate supervisor’s assessment and possible resolutions of the complaint by the President (or designee). The President may respond based on a review of the existing record or, at his/her discretion, request additional evidence. Such additional evidence may include scheduling a meeting with the complainant and the involved faculty member for the purpose of obtaining supplemental facts and clarifying issues.
32.3.6 The Board may review any studentcitizen complaint in Closed Session.
32.3.7 If any complaint is appealed, parent, or person which alleges professional error, poor judgment the Unit Members will have the right to Association representation at any meeting concerning the appeal.
32.3.8 No complaint shall be entered into the faculty member’s personnel file unless the faculty member has been given a copy of the complaint and backup material placed in the execution of professional responsibility or personal misconductfile, which has affected or might affect the work performance of right to review the bargaining unit membercomplaint and material on duty time, shall be discussed with the bargaining unit member and the complainant identified right to submit a written response which will be attached to the bargaining unit member within 3 work days of receiving complaint.
32.3.9 Complaints which are withdrawn or found to be false pursuant to this procedure shall not be utilized in any evaluation or disciplinary action against the information or, if immediate discipline is contemplated, within 24 hours of receiving the information. faculty member.
33.1 In the event that these notification and discussion procedures any new academic positions are precluded created by applicable law with respect to the investigation of complaints of possible criminal conduct, child abuse or sexual harassment of studentsDistrict, the bargaining unit member shall only parties will meet upon request to discuss whether the position or positions should be provided the complaint at the appropriate point included in the investigation processBargaining Unit. In these circumstances prior Any disputes will be submitted to a final decision on whether to seek discipline, P.E.R.B. for determination.
33.2 Any group of employees in the unit member shall be provided an opportunity to meet personally with present Bargaining Unit whose group classification is changed during the administrator responsible life of the Agreement will remain in the Unit for the investigation and respond to duration of the allegationsAgreement.
30.3 When charges by any of the above complainants has been reduced to writing, the bargaining unit member shall be given a copy within 3 work days and shall be provided an opportunity to respond to the charge and attach a written statement before it is placed in his or her file. 34.1 In the event that a statutory change in California law or in Federal law causes a conflict between the charge has not been reduced to writinglaw and this Agreement, if both parties mutually agree, the bargaining unit member mayparties shall meet not later than ten (10) days after mutual agreement to renegotiate the affected provisions of the Agreement.
35.1 Should any section, at his paragraph, or her discretionprovision of this Agreement be declared or adjudicated unlawful, require void, inoperative, or unenforceable by a court of competent jurisdiction, all remaining sections, paragraphs, and provisions of this Agreement shall remain in full force and effect to the extent permitted by law. As soon as both parties become aware of the decision, they shall meet to discuss the impact of the decision on the Contract.
35.2 If both parties mutually agree, the parties shall meet no later than ten (10) days after such discussion to renegotiate the section, paragraph, or provisions affected.
36.1 It is understood and agreed that the complaint District retains all of its power and authority to direct, manage and control to the full extent of the law. Included in but not limited to those duties and powers are the exclusive right to: determine its organizations; direct the work of its employees; determine the times and hours of operations; determine the kinds and level of service to be reduced provided and the methods and means of providing them; establish its educational policies, goals and objectives; ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out non-Bargaining Unit work; and take action on matters in the event of an emergency. In addition, the Board retains the right to writing hire, classify, assign, and promote.
36.2 The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the administration. The bargaining unit member District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the terms and conditions of this Agreement, and then only to the extent such terms and conditions are in conformance with law.
36.3 The declaration of emergency shall be limited to natural disasters and/or events over which the District may has no control. In no event shall the District declare an emergency for purposes of evading the provisions of this Agreement. 37.1 The Association and the Board agree that differences between the written complaint may parties hereto shall be settled by peaceful means as provided in this Agreement. During the term of this Agreement, the Association, in consideration of the terms and conditions of this Agreement, will not be placed engage in, instigate, or condone any strike, work stoppage, or any concerted refusal to perform work duties as required in this Agreement; and will undertake to exert its best efforts to discourage any such acts by any employees in the personnel file.
30.4 Should Bargaining Unit. During the bargaining unit member or the District believe that the allegation in the complaint is sufficiently serious to warrant a meeting between the bargaining unit member and the complainantterm of this Agreement, the evaluator shall endeavor to set up a meeting. The bargaining unit member may elect to have representation at Board, in consideration of the meeting terms and conditions of this Agreement, will not authorize or permit any lockout of the Association members or other persons covered by providing reasonable notice to the Districtthis Agreement.
30.5 The District shall not dismiss or refuse to re-employ a bargaining unit member on the basis of a written complaint that cannot be verified.
Appears in 1 contract
Samples: Collective Bargaining Agreement
