Master Agreement 2005 - State Employment Relations Board

formal record, the teacher shall be informed of the complaint
by the principal, and the teacher and principal
shall attempt to resolve the complaint of the complaining
party.
403.02 When a principal or other administrator finds it necessary
to make a notation in a teacher’s file which reflects
adversely upon the teacher’s conduct, service, character or
personality, the teacher shall be offered an opportunity to
read such notation. The teacher shall acknowledge having
read such notation by signature on the actual document
filed, with the understanding that such signature does not
indicate agreement with its contents. The teacher shall
also have the right to answer such notation and said
answer shall be attached to the file copy.
403.03 Each teacher or his/her designee shall be guaranteed
theright to examine and review his/her personnel file.
Prior arrangementsforsuch examination shall be made
with the administrator of Human Resources or his/her
designee.
403.04 Upon written request from a teacher, the administrator
of Human Resources shall give consideration to
removing a notation which reflects adversely upon the
teacher from the teacher’s file provided the notation has
been in said file for a minimum of two (2) years. If sustained
demonstrated improvement in the area noted has
occurred, such removal shall generally be granted. In the
event the request for removal is denied, the written reasons
for denial shall be provided to the teacher, and the
basis for the denial shall not be arbitrary or capricious.
The parties understand that it is unlikely that notations
that result from very serious circumstances will be
removed. Nothing in this section pertains to ratings or
comments on evaluations.
Article 404
Professional Behavior
404.01 Ateacher shall be entitled, upon his/her request, to
have present an Association faculty representative or
other representative of the Association when the teacher
is being given a formal reprimand or warning, is being
disciplined for any alleged infraction of rules, delinquency,
or unprofessional performance, or is being given a
recommendation that such teacher resign or take a leave
of absence without pay. The request for the presence of a
representative of the Association shall not delay such
proceedings for more than five (5) school days. A
teacher also shall be entitled, upon his/her request, to
have present an Association faculty representative or
other representative of the Association when Board personnel
in authority seek information which that teacher
reasonably could believe may lead to his/her discipline.
50