Common use of Determination of Appeal Clause in Contracts

Determination of Appeal. A written decision on the merits of the appeal shall be rendered no later than thirty (30) calendar days from the date upon which the teacher filed his/her appeal. The appeal shall be based on a written record, comprised of the teacher’s appeal papers and any documentary evidence accompanying the appeal. Such decision shall be final. Upon the conclusion of its considerations of an appeal, each member of the committee shall vote by confidential ballot to uphold the APPR, modify the APPR, or vacate the APPR. If the majority of the committee agrees on one of these choices, the committee shall give written notice of its decision to the appealing teacher, the president of the MTA, and the superintendent of schools. In the event the committee is unable to reach a majority agreement in its decision on an appeal, each member of the committee shall write a brief statement setting forth and explaining his/her recommendation for the disposition of the appeal. The committee members’ written statements, together with the full record of the appeal, shall then be forwarded to the superintendent of schools or his/her designee and the MTA president or his/her designee, who jointly shall have final authority to resolve the appeal. The recommendations of the appeals committee shall be available only to the superintendent of schools and the MTA president. They shall be held confidential and shall not be made public. A written decision shall be rendered within 10 school days of the receipt of the appeal and given to the appealing teacher. The decision shall set forth the reasons and factual basis for each determination on each of the specific issues raised in the teacher’s appeal. If the appeal is sustained, the reviewer may set aside a rating, modify a rating, or order a new evaluation if procedures have been violated. A copy of the decision will be provided to the teacher and the evaluator. The teacher may rebut the appeal in writing but may not appeal the substance of the decision. However, failure of the District or Association to abide by the above agreed upon process is subject to the grievance procedure.