Philadelphia Federation of Teachers School District of Philadelphia

XIV. Due Process Procedures
response, if any, a copy of which shall also be promptly given to the employee;
and/or
(b) The employee may invoke the grievance procedure if he/she believes that
his/her rating is improper because of capriciousness, arbitrariness, unfairness,
prejudice, failure to conform with prevailing processes of rating or absence of
factual support for such rating.
4. In the event a Principal or other administrator desires to discuss with an
employee matters which may affect his/her position in respect of discharge, resignation,
demotion or transfer, or which may result in an unfavorable anecdotal
record, such administrator shall advise the employee, in writing, that he/she may
have a Federation representative present at such conference. In the event that
such employee attends the conference after such notice without union representation,
then any agreement or statement he/she makes may be used. If notice
of the right to union representation is not given to the employee, agreements or
statements made by the employee or occurrence at such conference shall not be
used against or in respect to the employee for any disciplinary purpose.
5. Except in an emergency, when as much notice as possible will be given, an
employee shall be given at least twenty-four (24) hours notice of any meeting
he/she is required to attend with an administrator. Such notice shall also include
the subject of the meeting.
6. In any conference between a Principal and an employee at which conference
a person or persons are present who are not employees of the School
District the employee attending such conference shall have the right to be represented
by one (1) Federation representative of his/her choice. This provision
shall not be construed to deny the parent of a student the right to a private
conference with the student’s teacher or counselor.
7. Any disciplinary action shall be implemented within a reasonable time
after the event giving rise to the disciplinary action or knowledge thereof.
B. Personnel Files
1. Except for material pertaining directly to his/her work performance or
such other matters that may be cause for suspension or dismissal under the
School Code, no material derogatory to an employee’s conduct, service, character
or personality shall be placed in the official personnel file of such employee.
Material relating to work performance, suspension or dismissal may be reduced
to writing and maintained, only if it is signed by a person competent to know the
facts or make the judgment and only if the employee has been given an opportunity
to read the material promptly following its receipt or formulation. Any
anonymous material placed in an employee’s file prior to the execution of this
Agreement shall at such employee’s request be removed therefrom, and shall
be given no weight or consideration for any disciplinary purpose.
2. The employee shall have the right to answer any material now in his/her
file as well as any material filed hereafter, and his/her answer shall be attached
to the file copy.
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