An incident which has not been reduced to writing within three months of its occurrence, exclusive of the summer vacation period, may not later be added to the file.
Before any derogatory letter is placed in your file, you must be given an opportunity to read it. You must sign the letter to acknowledge that you have read it, but your signature does not necessarily indicate agreement with the content. It is strongly recommended you speak with your chapter leader, who can help you write an appropriate response and advise you on any other possible course of action, including procedural matters that may be grievable. There is no time frame for writing your response. Your response will be attached to the original letter in your file.
An arbitrator has ruled that you have the right to grieve “if material is placed in a teacher or employee file under circumstances that are alleged to constitute a violation of substantive collective bargaining provisions.” In other words, if the letter violates a substantive part of the contract, you can grieve the violation and as a remedy request that the letter that contains the violation of the contract be removed from your file.
For example, if a letter is written for your file outside the contractual time limits, you have a right to grieve the DOE’s violation of Article 21A(1), and as a remedy, request to have that letter removed.
If disciplinary charges do not follow, the letter and response will be removed from the file three years from the date the original material is placed in the file. If you need assistance, please to your chapter leader.