Know Your Contract
Complaints Against Teachers / ESP
My principal told me that some parents had complained about my teaching. Do I have the right to know who is complaining?
Will complaints become part of my personnel file?
My principal told me that some parents had complained about my teaching, Do I have the right to know who is complaining?
WEA Teachers:
ARTICLE 8 – Teaching Conditions
Article 8-11 When a person registers a complaint with a building principal concerning a teacher and the building principal considers the situation as a serious one, the principal will immediately notify the teacher of the nature of the complaint and identify the person registering the complaint.
In these circumstances it is reasonable for you to consider that the principal has decided that this is a serious situation. You should therefore immediately request in writing that you be provided with all the information and the identity of those who have complained.
Will complaints become part of my personnel file?
WEA Teachers: They very well could be. However
ARTICLE 16 – Personnel Files
Article 16-3-1 No anonymous complaints shall be placed in a teacher’s personnel file.”
So before they can become part of your file, the identity of those complaining must be disclosed to you. In addition there is a guarantee in:
Article 16-3 No material derogatory to a teacher’s conduct, service, character or personality shall be placed in such file unless the teacher has been given the opportunity to review such material.
If any such material is placed in your file you have the right to attach a rebuttal statement, to grieve it, or both.
WEA ESP Staff: Can complaints become part of my personnel file? They very well could. However:
ARTICLE 10 – Personnel Files
Article 10-2 No material derogatory to an employee's conduct, service, character or personality shall be placed in such file unless the employee has been given the opportunity to review such material. The employee will acknowledge that the opportunity to review such material has been given by signing the material to be place in such file. The parties understand and agree that the signature merely means that the employee has read such material and does not mean that the employee necessarily agrees with the statements contained in such materials.
Article 10-2-1 The employee shall have the right to file a written reply to such materials within (15) work days of the date on which the employee was given the opportunity to review such material. Such reply may be reviewed by the Superintendent, or the Superintendent's designee, and shall be attached to the material to which it pertains. No anonymous complaints shall be placed in an employee's personnel file.
As with many other rights you have under the contract, the district is not obligated to inform you of your rights. It is up to you to Know Your Contract.
This message is intended for members of the Westminster Education Association
and is not intended for distribution to the general public.
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This page was last updated on 11/13/2008
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