Common use of Complaint Procedure Clause in Contracts

Complaint Procedure. A. If a complaint of sufficient gravity to warrant administrative action is registered with the District regarding a teacher's performance, the complaint shall be processed according to the procedure outlined below: 1. The full nature of the complaint shall be discussed with the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten (10) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file as a result of a third party complaint shall identify the complainant. 3. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher shall not be considered in the evaluation process or in any disciplinary action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the District. D. No bargaining unit member will be criticized in the presence of students, parents or other unit members.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Procedure. A. If a Any verbal and/or written formal complaint regarding an educator made to any member of sufficient gravity to warrant administrative action is registered with the District regarding a teacher's performanceAdministration by any parent, student, or other person that may influence the complaint educator’s evaluation or result in discipline of that educator, shall be processed according to the procedure outlined belowfollowing procedures: 1. A. The full District will notify the Association when a bargaining unit member files a complaint against another bargaining unit member. B. Within seven (7) working days, the educator’s supervisor or Superintendent’s designee shall meet with the educator to apprise the employee of the nature of the complaint shall be discussed with complaint, including the teacher within five (5) working days name of its receipt by complainant, date of complaint, and making a good faith effort to provide any other documentation related to the building principal or immediate supervisor unless it is impractical to do so within such time limit, because substance of the absence of one or both of complaint that the parties. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten (10) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file as a result of a third party complaint shall identify the complainant. 3. The supervisor administrator receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuseis aware of. B. At any meetings subsequent to the initial meeting with the teacher, the teacher C. The educator shall have the right to be represented by the Council have Association representation in attendance at such any meetings or conferences regarding the complaint. If Association representation is requested and is not available, the meeting will be postponed until such complaint. C. Complaints which are not discussed with the teacher shall not representation can be considered in the evaluation process or in any disciplinary action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the Districtarranged. D. No bargaining unit member If the facts of the complaint are in dispute and the matter is not resolved, the educator shall be notified that an investigation by the Superintendent or their designee shall be conducted. E. Upon completion of the investigation, the educator shall be notified of the disposition of the complaint. The investigator of the complaint is to make a written determination based on the facts. A Written notice will be criticized provided to the complainant, employee complained against, and the president of the Association. F. If the complaint results in disciplinary action, then the presence employee shall have all rights and provisions as provided under Article 21 - Discipline, including the right to attach any statements or documents they believe to be relevant. G. The provisions of students, parents this Article shall not apply in situations in which the subject matter of the complaint is also the subject of an investigation by law enforcement or other unit membersagency. In the case of an investigation by another outside agency this procedure may begin after the outside agency has reached its conclusion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. A complaint is defined as an issue that is registered with the District regarding a teacher's member’s performance that is If a complaint of sufficient gravity to warrant administrative action is registered with the District regarding a teacher's performance, the action. The complaint shall be processed according to the procedure outlined below: 1. Unless prevented by TSPC, law enforcement, or DHS, for complaints that may result in disciplinary action, the Association shall be notified that the complaint procedure is being activated. The name of the member who had the complaint filed against them shall be shared with the Association President. 2. The full nature of the complaint shall be discussed with the member teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher member may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 23. Teachers Members against whom complaints are filed shall be informed in writing of the disposition of such complaint within fifteen (15) ten (10) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's member’s personnel file or materials placed in said file as a result of a third party complaint shall identify the complainant. 34. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings regarding a complaint, subsequent to the initial meeting with the teacher, the The teacher member shall have the right to be represented by the Council at such any meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher member shall not be considered in the evaluation process or in any disciplinary action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher member nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the District. D. If allowable, at the time of filing the Association shall be notified if the District reports a member to TSPC or the State Licensing Board. E. No bargaining unit member will be criticized in the presence of students, parents or other unit members. All criticism of bargaining unit members shall remain confidential.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. A complaint is any negative remark or criticism filed against a teacher. B. If the District intends to act upon a complaint and make it a part of sufficient gravity to warrant administrative action is registered with the District regarding a teacher's performanceemployee’s personnel file, the parties will first attempt to resolve the complaint in a one-on-one basis. Should a complainant wish to remain anonymous, a form will not be filled out nor disciplinary action taken unless corroborating evidence has been found. C. If the complaint remains unresolved after the above process is completed, said complaint shall be processed according as follows: a. If the administration intends to make a record of the evaluation report or a complaint received concerning the teacher, or b. If the administration intends to place a record of such complaint in the teacher=s personnel file, or c. If in the administrator’s judgment, such complaint is sufficiently relevant to the procedure outlined belowteacher=s performance to indicate the desirability of a conference, then: 1. The full nature of the complaint ▇▇▇▇▇▇▇▇ to B above, a conference shall be discussed held with the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten (10) school daysworking days after the complaint is made to the administration, unless precluded by the Services to Children and Families or law enforcement agency. Three working days prior to the conference, the teacher will be given a copy of the complaint in writing and said complaint shall include all available information, including person(s) making the complaint, nature of complaint, and requested remedy, if any. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file as a result of a third party complaint shall identify the complainant. 3. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacherteacher believes it necessary, the teacher shall have the right to request to meet with the complainant and the administrator. E. Any such complaint which the administration chooses not to discuss with the teacher or which is not discussed within the required time shall not be considered in the teacher’s evaluation and shall not be used against the teacher in any subsequent action by the District, and said complaint will be destroyed. F. The teacher will have the right to attach rebuttals or explanations to any written documents placed in the personnel file. G. The teacher shall have a right to be represented by the Council at such any meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher shall not be considered in the evaluation process or in any disciplinary action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the District. D. No bargaining unit member will be criticized in the presence of students, parents or other unit members.

Appears in 1 contract

Sources: Negotiated Agreement

Complaint Procedure. A. A licensed staff person is entitled to Association or other legal representation of their choice upon their request at any time during the entire complaint procedure. It is understood that nothing in this paragraph should be construed as requiring the Association to provide representation to a non-member of the Association in any matter that does not involve the bargaining and enforcement of this collective bargaining agreement. B. If a complaint of sufficient gravity is made against a licensed staff person to warrant administrative action is registered with the District regarding a teacher's performanceadministration, the such complaint shall be processed according to under the procedure outlined below:following circumstances. 1. The full nature If an administrator or supervisor intends to make a record in the evaluation report of a complaint received concerning the licensed staff person; 2. If an administrator or supervisor intends to place a record of such complaint in the licensed staff person’s personnel file; 3. If the administrator or supervisor intends to take disciplinary action against the employee as the result of a complaint. C. A conference shall be discussed held with the teacher licensed staff person within five (5) working days of its receipt by after the building principal or immediate supervisor unless it complaint is impractical made to do so within such time limitthe administration. At the conference, because the licensed staff person will be apprised of the absence of one or both substance of the partiescomplaint and the identity of the complainant. The teacher may request a written copy Depending upon the nature of the complaint. An , the administrator may attempt shall be made to resolve assist the parties in resolving the complaint informallyor the administrator may choose to investigate the complaint, or both. The administrator may present the complaint verbally or in writing. However, if the licensed staff person or licensed staff person’s representative requests it, the complaint will be reduced to writing if the administrator has not already done so. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten (10) school days. D. If the District needs additional time licensed staff person wishes to complete meet with the investigationcomplainant, an automatic five (5) day extension will be granted upon written notification stating the reasons for administrator shall attempt to arrange the extension. Any additional extensions must be requested in writing to the Associationmeeting. a. Additional extension requests must state the reasons for the extension request. b. Approval E. Copies of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file all written documents produced as a result of the processing of a third party complaint shall identify will be given to the complainantaffected licensed staff person. This would include the complaint, any investigation reports, the written resolution or summary, and any other similar document. 3. The supervisor receiving F. Any such complaint which the complaint will advise the complainant of the opportunity administration chooses not to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct licensed staff person or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are is not discussed with within the teacher required time shall not be considered in the evaluation process or licensed staff person’s evaluation, shall not be placed in the licensed staff person’s personnel file, and shall not be used against the licensed staff person in any disciplinary subsequent action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or by the District. D. No bargaining unit member will be criticized G. The licensed staff person shall have the right to attach a written statement to any written material placed in the presence of students, parents or other unit memberslicensed staff person’s personnel file.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. If a A “complaint with merit” is negative information conveyed by students, parents, or non-administrative staff regarding the performance of sufficient gravity to warrant administrative action is registered with the District regarding a teacher's performance, which the complaint administration intends to use as the basis for disciplinary action or to place in a teacher’s personnel file. B. Complaints which, individually or collectively, appear to have merit shall be processed according to handled in the procedure outlined belowfollowing manner: 1. The full subject teacher shall be advised of the nature of the complaint or complaints and given an opportunity to respond within ten (10) working days after the complaint is made. 2. Notification need not be given within the timelines stated above if the complaint is criminal in nature or involves an allegation of child abuse. If the administrator or teacher is absent, the timelines will be extended by the length of the absence. 3. If the specifics of the complaint or complaints are in question, the District has an obligation to arrange a meeting between the teacher and the individual or individuals making the complaint if the teacher requests such a meeting, and if the individual or individuals making the complaint are agreeable to such a meeting. Such meeting shall be for the sole purpose of arriving at a full understanding of the specific allegations involved and shall have a member or members of the administration and, if the teacher desires, a CBC representative present. 4. If the complainant demands anonymity, administration will not take disciplinary action unless the specifics of the complaint are independently substantiated. Documentation of the independent substantiation will be provided to the teacher in such cases. C. If the complaint in question has merit, it may be entered in the personnel file. If the complaint is without merit as determined by the District, it shall be dismissed and no record shall be made in the personnel file. D. If a written complaint is to be included in the teacher’s personnel file, it shall be discussed with the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the partiesfirst. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten (10) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file as a result of a third party complaint shall identify the complainant. 3. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher shall not be considered in the evaluation process or in any disciplinary action except when the conduct giving rise respond to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the Districtwriting. D. No bargaining unit member will be criticized in the presence of students, parents or other unit members.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. ‌ 1. If a complaint of sufficient gravity is made against a District employee to warrant administrative action is registered with the District regarding a teacher's performancean administrator or supervisor, the such complaint shall be processed according to under any of the procedure outlined belowfollowing circumstances: 1. The full nature a. if the administrator or supervisor intends to make a record in the evaluation report of a complaint received concerning an employee; b. if the administrator or supervisor intends to place a record of such complaint in the employee’s personnel file; c. if an administrator or supervisor reasonably believes that the complaint shall be discussed with the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informallycould result in discipline. 2. Teachers against whom complaints are filed In compliance with 1 above, a conference between the administrator(s) or supervisor(s) shall be informed in writing of held with the disposition of such complaint employee, and representative if desired, within ten (10) school daysworking days after the complaint is made. If the District needs additional time to complete the investigation, an automatic five (5) day extension will The complainant shall be granted upon written notification stating the reasons for the extensionidentified. Any additional extensions must dated written complaint shall be requested in writing available to the Association. a. Additional extension requests must state employee, in writing, at the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice time of the outside agency investigation is provided conference. Any evidentiary documents relevant to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file as a result of a third party complaint shall identify be made available to the complainantemployee. 3. The Any complaint which the administrator or supervisor receiving the complaint will advise the complainant of the opportunity chooses not to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct , or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are is not discussed with within the teacher required time, shall not be considered in the employee’s evaluation process or and shall not be used against the employee in any disciplinary subsequent action except when by the District. However, the preceding requirement shall not: a. Have the effect of suppressing information relating to an ongoing investigation related to a report of suspected child abuse or sexual conduct giving rise or relating to a substantiated report of child abuse or sexual conduct by a current or former employee; b. Affect the duties of the District to report suspected child abuse or sexual conductor to discipline a current or former employee for a substantiated report of child abuse or sexual conduct; c. impair the ability of the District to discipline an employee for a substantiated report of child abuse or sexual conduct; or d. Require the District to expunge substantiated information about child abuse or sexual conduct from any documents maintained by an education provider. 4. Complaints made to Board Members shall be referred to the Superintendent of Schools who may handle the complaint would, if true, constitute grounds for suspension or dismissal of in accordance with the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member procedures outlined above or the DistrictSuperintendent may refer the complaint to another administrator or supervisor for proper handling in accordance with the procedures outlined above. D. No bargaining unit member will be criticized in the presence of students, parents or other unit members.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. If a A complaint of sufficient gravity to warrant administrative action is defined as an issue that is registered with the District regarding a teacher's performance, the member’s performance that is of sufficient gravity to warrant administrative action. The complaint shall be processed according to the procedure outlined below: 1. Unless prevented by TSPC, law enforcement, or DHS, for complaints that may result in disciplinary action, the Association shall be notified that the complaint procedure is being activated. The name of the member who had the complaint filed against them shall be shared with the Association President. 2. The full nature of the complaint shall be discussed with the teacher member within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher member may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 23. Teachers Members against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten fifteen (1015) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's member’s personnel file or materials placed in said file as a result of a third third-party complaint shall identify the complainant. 34. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher The member shall have the right to be represented by the Council at such any meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher member shall not be considered in the evaluation process or in any disciplinary action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher member nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the District. D. No If allowable, at the time of filing the Association shall be notified if the District reports a member to TSPC or the State Licensing Board. E. All criticism of bargaining unit member will be criticized in the presence of students, parents or other unit membersmembers shall remain confidential.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. It is recognized by the Board of Education that District employees seek to carry out their responsibilities in the best possible manner. However, there may be times when written complaints are made against a District employee by District patrons, parents, guardians, or students. It is the intent of this Agreement to provide a complaint procedure which will handle such written complaints expeditiously and fairly. For these reasons, the following complaint procedure is outlined. 1. If a complaint of sufficient gravity is made against a District employee to warrant administrative action is registered with the District regarding a teacher's performancean administrator or supervisor, the such complaint shall be processed according to under any of the procedure outlined belowfollowing circumstances: 1. The full nature a. if the administrator or supervisor intends to make a record in the evaluation report of a complaint received concerning an employee; b. if the administrator or supervisor intends to place a record of such complaint in the employee’s personnel file; c. if an administrator or supervisor reasonably believes that the complaint shall be discussed with the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informallycould result in discipline. 2. Teachers against whom complaints are filed In compliance with 1 above, a conference between the administrator(s) or supervisor(s) shall be informed in writing of held with the disposition of such complaint employee, and representative if desired, within ten (10) school daysworking days after the complaint is made. If the District needs additional time to complete the investigation, an automatic five (5) day extension will The complainant shall be granted upon written notification stating the reasons for the extensionidentified. Any additional extensions must dated written complaint shall be requested in writing available to the Association. a. Additional extension requests must state employee, in writing, at the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice time of the outside agency investigation is provided conference. Any evidentiary documents relevant to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file as a result of a third party complaint shall identify be made available to the complainantemployee. 3. The Any complaint which the administrator or supervisor receiving the complaint will advise the complainant of the opportunity chooses not to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct , or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are is not discussed with within the teacher required time, shall not be considered in the employee’s evaluation process or and shall not be used against the employee in any disciplinary subsequent action except when by the District. However, the preceding requirement shall not: a. Have the effect of suppressing information relating to an ongoing investigation related to a report of suspected child abuse or sexual conduct giving rise or relating to a substantiated report of child abuse or sexual conduct by a current or former employee; b. Affect the duties of the District to report suspected child abuse or sexual conductor to discipline a current or former employee for a substantiated report of child abuse or sexual conduct; c. impair the ability of the District to discipline an employee for a substantiated report of child abuse or sexual conduct; or d. Require the District to expunge substantiated information about child abuse or sexual conduct from any documents maintained by an education provider. 4. Complaints made to Board Members shall be referred to the Superintendent of Schools who may handle the complaint would, if true, constitute grounds for suspension or dismissal of in accordance with the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member procedures outlined above or the DistrictSuperintendent may refer the complaint to another administrator or supervisor for proper handling in accordance with the procedures outlined above. D. No bargaining unit member will be criticized in the presence of students, parents or other unit members.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. If Any person who has a complaint (complainant) about the actions of sufficient gravity another employee is encouraged to warrant administrative action is registered make arrangements to discuss the problem with the District regarding employee. The purpose of this step is to make the employee aware of the problem and for the parties to make an effort to reach a teacher's performancemutually acceptable solution. B. If the complainant does not wish to address the problem with the alleged offender or is not satisfied with the results of his/her meeting with the alleged offender, the complainant may reduce the complaint to writing and submit it to the school Administrator or the Director of Human Resources or s/he may simply meet with the Administrator or Director of Human Resources to officially register the compliant. C. A record of the complaint and any recommendations for improvement shall be processed according to placed in the personnel file of the employee only after the above procedure outlined below: 1has been followed. The full nature A record of the complaint shall not be discussed with placed in the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because personnel file of the absence of one or both of employee if the parties. The teacher complaint is found to be without merit. D. An employee may request attach a written copy statement to any material placed in his/her personnel file under the provisions of the complaint. An attempt shall be made to resolve the complaint informallythis Article. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten (10) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in which the teacher's personnel file administrator or materials placed in said file as a result of a third party complaint shall identify the complainant. 3. The supervisor receiving the complaint will advise the complainant of the opportunity chooses not to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher employee shall not be considered in the evaluation process or employee’s evaluation, shall not be used against the employee in any disciplinary subsequent action except when by the conduct giving rise to the complaint wouldDistrict, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or record be kept by the District. D. No bargaining unit member will be criticized F. The employee has the right to representation at all levels of the Complaint Procedure if the meeting has the potential to result in disciplinary action. G. The procedures set forth in this article shall apply in so much as they do not interfere with any investigative action by law enforcement. H. The employee has the presence right to file a complaint based upon the belief that s/he has been discriminated against due to any of studentsthe following: age, parents race, religion, gender, sexual orientation, national origin, marital status, or other unit membersphysical/mental disability, whether perceived or actual.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. If a A complaint of sufficient gravity to warrant administrative action is defined as an issue that is registered with the District regarding a teacher's performance, the member’s performance that is of sufficient gravity to warrant administrative action. The complaint shall be processed according to the procedure outlined below: 1. Unless prevented by TSPC, law enforcement, or DHS, for complaints that may result in disciplinary action, the Association shall be notified that the complaint procedure is being activated. The name of the member who had the complaint filed against them shall be shared with the Association President. 2. The full nature of the complaint shall be discussed with the teacher member within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher member may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 23. Teachers Members against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten fifteen (1015) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's member’s personnel file or materials placed in said file as a result of a third third-party complaint shall identify the complainant. 34. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher The member shall have the right to be represented by the Council at such any meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher member shall not be considered in the evaluation process or in any disciplinary action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher member nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the District. D. No If allowable, at the time of filing the Association shall be notified if the District reports a member to TSPC or the State Licensing Board. E. All criticism of bargaining unit member will be criticized in the presence of students, parents or other unit membersmembers shall remain confidential.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. A teacher is entitled to Association or other legal representation of his or her choice upon his or her request at any time during the entire complaint procedure. It is understood that nothing in this paragraph should be construed as requiring the Association to provide representation to a non-member of the Association in any matter that does not involve the bargaining and enforcement of this collective bargaining agreement. ▇. If a complaint of sufficient gravity is made against a teacher to warrant administrative action is registered with the District regarding a teacher's performanceadministration, the such complaint shall be processed according to under the procedure outlined below:following circumstances. 1. The full nature If an administrator or supervisor intends to make a record in the evaluation report of a complaint received concerning the teacher; 2. If an administrator or supervisor intends to place a record of such complaint in the teacher's personnel file; 3. If the administrator or supervisor intends to take disciplinary action against the employee as the result of a complaint. C. A conference shall be discussed held with the teacher within five (5) working days of its receipt by after the building principal or immediate supervisor unless it complaint is impractical made to do so within such time limitthe administration. At the conference, because the teacher will be apprised of the absence of one or both substance of the partiescomplaint and the identity of the complainant. The teacher may request a written copy Depending upon the nature of the complaint. An , the administrator may attempt shall be made to resolve assist the parties in resolving the complaint informallyor the administrator may choose to investigate the complaint, or both. The administrator may present the complaint verbally or in writing. However, if the teacher or teacher's representative requests it, the complaint will be reduced to writing if the administrator has not already done so. 2. Teachers against whom complaints are filed D. If the teacher wishes to meet with the complainant, the administrator shall be informed in writing attempt to arrange the meeting. E. Copies of all written documents produced as a result of the disposition processing of a complaint will be given to the affected teacher. This would include the complaint, any investigation reports, the written resolution or summary, and any other similar document. F. Any such complaint which the administration chooses not to discuss with the teacher or which is not discussed within ten (10) school days. If the District needs additional required time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will shall not be unreasonably withheld by considered in the Association. c. It is understood that an additional extension will automatically teacher's evaluation, shall not be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials placed file, and shall not be used against the teacher in said file as a result of a third party complaint shall identify any subsequent action by the complainantDistrict. 3. G. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher shall not be considered attach a written statement to any written material placed in the evaluation process or in any disciplinary action except when the conduct giving rise to the complaint would, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the Districtteacher's personnel file. D. No bargaining unit member will be criticized in the presence of students, parents or other unit members.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. If a Any verbal and/or written formal complaint regarding an educator made to any member of sufficient gravity to warrant administrative action is registered with the District regarding a teacher's performanceAdministration by any parent, student, or other person that may influence the complaint educator’s evaluation or result in discipline of that educator, shall be processed according to the procedure outlined belowfollowing procedures: 1. a. The full nature of District will notify the Association when a bargaining unit member files a complaint shall be discussed with the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informallyagainst another bargaining unit member. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within b. Within ten (10) school working days. If , the District needs additional time educator’s supervisor or Superintendent’s designee shall meet with the educator to complete notify the investigationemployee that a complaint has been received and apprise the employee of the nature of the complaint, an automatic five (5) day extension will be granted upon written notification stating including the reasons for the extension. Any additional extensions must be requested in writing name of complainant, date of complaint, and making a good faith effort to provide any other documentation related to the Association. a. Additional extension requests must state substance of the reasons for complaint that the extension request. b. Approval of such requests will not be unreasonably withheld by administrator receiving the Associationcomplaint is aware of. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials placed in said file as a result of a third party complaint shall identify the complainant. 3. The supervisor receiving the complaint will advise the complainant of the opportunity to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher educator shall have the right to be represented by the Council have Association representation in attendance at such any meetings or conferences regarding the complaint. If Association representation is requested and is not available, the meeting will be postponed until such complaintrepresentation can be arranged. C. Complaints which d. The district will encourage resolution of the complaint informally at the lowest level possible and offer intervention and mediation when appropriate. e. If the facts of the complaint are in dispute and the matter is not discussed with resolved, the teacher educator shall be notified that an investigation by the Superintendent or their designee shall be conducted. f. Upon completion of the investigation, the educator shall be notified of the disposition of the complaint. The investigator of the complaint is to make a written determination based on the facts. A Written notice will be provided to the complainant, employee complained against, and the president of the Association. g. If the complaint results in disciplinary action, then the employee shall have all rights and provisions as provided under Article 21 - Discipline, including the right to attach any statements or documents they believe to be relevant. h. The provisions of this Article shall not be considered apply in situations in which the evaluation process or in any disciplinary action except when the conduct giving rise to subject matter of the complaint would, if true, constitute grounds for suspension or dismissal is also the subject of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or the District. D. No bargaining unit member will be criticized in the presence of students, parents an investigation by law enforcement or other unit membersagency. In the case of an investigation by another outside agency this procedure may begin after the outside agency has reached its conclusion.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Complaint Procedure. A. If Any person who has a complaint (complainant) about the actions of sufficient gravity another employee is encouraged to warrant administrative action is registered make arrangements to discuss the problem with the District regarding employee. The purpose of this step is to make the employee aware of the problem and for the parties to make an effort to reach a teacher's performancemutually acceptable solution. B. If the complainant does not wish to address the problem with the alleged offender or is not satisfied with the results of his/her meeting with the alleged offender, the complainant may reduce the complaint to writing and submit it to the school Administrator or the Director of Human Resources or s/he may simply meet with the Administrator or Director of Human Resources to officially register the compliant. C. A record of the complaint and any recommendations for improvement shall be processed according to placed in the personnel file of the employee only after the above procedure outlined below: 1has been followed. The full nature A record of the complaint shall be discussed with the teacher within five (5) working days of its receipt by the building principal or immediate supervisor unless it is impractical to do so within such time limit, because of the absence of one or both of the parties. The teacher may request a written copy of the complaint. An attempt shall be made to resolve the complaint informally. 2. Teachers against whom complaints are filed shall be informed in writing of the disposition of such complaint within ten (10) school days. If the District needs additional time to complete the investigation, an automatic five (5) day extension will be granted upon written notification stating the reasons for the extension. Any additional extensions must be requested in writing to the Association. a. Additional extension requests must state the reasons for the extension request. b. Approval of such requests will not be unreasonably withheld by the Association. c. It is understood that an additional extension will automatically be granted by the Association if the District investigation is dependent upon completion of an investigation by TSPC, police department, DHS or other law enforcement agency and notice of the outside agency investigation is provided to the Association. Any complaint placed in the teacher's personnel file or materials of the employee if the complaint is found to be without merit. D. An employee may attach a written statement to any material placed in said his/her personnel file as a result under the provisions of a third party complaint shall identify the complainantthis Article. 3. The E. Any complaint which the administrator or supervisor receiving the complaint will advise the complainant of the opportunity chooses not to discuss the matter with the employee. This provision (A3) shall not apply with respect to complaints by students involving any allegation of sexual conduct or child abuse. B. At any meetings subsequent to the initial meeting with the teacher, the teacher shall have the right to be represented by the Council at such meetings or conferences regarding such complaint. C. Complaints which are not discussed with the teacher employee shall not be considered in the evaluation process or employee’s evaluation, shall not be used against the employee in any disciplinary subsequent action except when by the conduct giving rise to the complaint wouldDistrict, if true, constitute grounds for suspension or dismissal of the teacher nor shall the foregoing have any application to complaints of such a nature that they may result in prosecution of suit or action, either civil or criminal in nature, against the member or record be kept by the District. D. No bargaining unit member will be criticized F. The employee has the right to representation at all levels of the Complaint Procedure if the meeting has the potential to result in disciplinary action. G. The procedures set forth in this article shall apply in so much as they do not interfere with any investigative action by law enforcement. H. The employee has the presence right to file a complaint based upon the belief that s/he has been discriminated against due to any of studentsthe following: age, parents race, religion, gender, sexual orientation, national origin, marital status, or other unit membersphysical/mental disability, whether perceived or actual.

Appears in 1 contract

Sources: Collective Bargaining Agreement