Common use of PUBLIC CHARGES Clause in Contracts

PUBLIC CHARGES. 15.1 Except as provided in Article 15.3 below, no negative and/or unsatisfactory evaluation or disciplinary action shall be predicated upon information or material of a derogatory or critical nature which has been received by the evaluator or District administration from students, parents, and/or citizens, unless the following procedures have been followed: 15.1.1 Any student, parent, or citizen complaint about a unit member shall be reported to the unit member by the administrator receiving the complaint within five (5) work days of receipt if the complaint may be used against the unit member. 15.1.2 Should the involved unit member believe the allegations in the complaint warrant a meeting, the immediate supervisor shall attempt to schedule a meeting between the unit member, complainant and immediate supervisor. At the request of the unit member, an Association representative shall be present at the meeting. If the complainant refuses to attend the meeting, the complaint shall not be accepted or utilized by the District in any evaluation or disciplinary action against the unit member. 15.1.3 If the matter is not resolved at the meeting to the satisfaction of the complainant, the complaint shall be reduced to writing by the complainant or dictated by the complainant to the unit member’s immediate supervisor or designee within a reasonable amount of time. A copy of the complaint will be provided to the unit member. The unit member shall be given reasonable release time during the non-instructional duty day to review the complaint. If the complaint is not reduced to writing, the matter shall be dropped. 15.2 Complaints which are withdrawn or shown to be false after an objective investigation by the District shall not be placed in the unit member's personnel file or made a part of any disciplinary action against the unit member. 15.3 This article shall not be applicable in any circumstance where the alleged conduct of the unit member involves unlawful misconduct including sexual harassment, child abuse, violations of state or federal law, or is subject to investigation by a law enforcement agency.

PUBLIC CHARGES. 15.1 Except as provided in Article 15.3 below, no negative and/or unsatisfactory evaluation or disciplinary action shall be predicated upon information or material of a derogatory or critical nature which has been received by the evaluator or District administration from students, parents, and/or citizens, unless the following procedures have been followed: 15.1.1 Any student, parent, or citizen complaint about a unit member shall be reported to the unit member by the administrator receiving the complaint within five (5) work days of receipt if the complaint may be used against the unit member. 15.1.2 Should the involved unit member believe the allegations in the complaint warrant a meeting, the immediate supervisor shall attempt to schedule a meeting between the unit member, complainant and immediate supervisor. At the request of the unit member, an Association representative shall be present at the meeting. If the complainant refuses to attend the meeting, the complaint shall not be accepted or utilized by the District in any evaluation or disciplinary action against the unit member. 15.1.3 If the matter is not resolved at the meeting to the satisfaction of the complainant, the complaint shall be reduced to writing by the complainant or dictated by the complainant to the unit member’s immediate supervisor or designee within a reasonable amount of time. A copy of the complaint will be provided to the unit member. The unit member shall be given reasonable release time during the non-non- instructional duty day to review the complaint. If the complaint is not reduced to writing, the matter shall be dropped. 15.2 Complaints which are withdrawn or shown to be false after an objective investigation by the District shall not be placed in the unit member's personnel file or made a part of any disciplinary action against the unit member. 15.3 This article shall not be applicable in any circumstance where the alleged conduct of the unit member involves unlawful misconduct including sexual harassment, child abuse, violations of state or federal law, or is subject to investigation by a law enforcement agency.