The enforcement of and compliance with the Agreement and Partnership between Denver Classroom Teachers Association (“Association”) and the School District (“Agreement”) are essential tenets of the new partnership between the District and the Association. The Agreement further recognizes our collective responsibility to promote positive change through regular training with Administrators and teachers on the new Agreement. Human Resources has had a training document called a Guide to Corrective Discipline and agreed to turn the Guide into a document that would be incorporated in the Agreement. Section 11-2-1 of the 2002-2005 Agreement states: “Before taking a corrective action against a teacher, …the principal shall follow the procedures and protocols established in the District document “Basic Fairness and Due Process, A Guide For Corrective Discipline.”

This Guide, effective September 1, 2002, is a District document that was developed in consultation with the Association. The purpose of this document is to be a resource for administrators to help them effectively manage matters pertaining to corrective actions covered by the Agreement. It is also anticipated that it will be a resource for teachers as well. This guide does not specifically cover coaching/counseling/verbal warnings, which can be given at any time without any formal procedures, or recommendations to the superintendent that a teacher be dismissed under the Teacher Employment, Compensation and Dismissal Act of 1990, Article 63 of Title 22, Colorado Revised Statutes (“Act”).

As you review this Guide, administrators and principals are encouraged to consult the resources that are available to help administrators work through individual situations. They include: Human Resources staff, Legal Department, and Area/Assistant Superintendents. It is the Superintendent’s goal to provide technical assistance to help administrators/principals make the best decision about what type of correction is necessary to improve the teacher’s performance and/or make the difficult decision that there corrective action has not resulted in the desired improvement and a recommendation for dismissal is appropriate.

A. Goals:

1. Teachers hold the key to our success in achieving the Board of Education’s goals of setting high expectations for all, improving the performance of all students and staff, and closing the achievement gap between better and poorer performing schools. 2. To ensure quality instruction by our teachers, the school district intends that administrators follow processes that will result in prompt, reasonable, and fair resolution of matters related to the correction of teacher misconduct.

B. Matter of Concern/Investigation

1. A matter of concern that may give rise to teacher corrective discipline must first come to the attention of the district. Matters of concern regarding a teacher may be expressed verbally or in writing to the school principal or other school administrator. A school principal may also determine matters of concern exist with a teacher based upon his/her observations of and/or contact with the teacher. An issue can arise from internal school issues and/or external issues.

a. If a person verbally complains about a teacher, with regard to the teacher’s job responsibilities, “…the principal or designee shall attempt to resolve the complaint informally.” AGREEMENT 11-1-1 (Note: allegations of child abuse should not be deemed resolved simply because they must be reported to the appropriate authorities consistent with law and district policy. Investigations of such behavior by external agencies do not relieve the district of its duty to investigate.)

b. If a person complains in writing with regard to the teacher’s job responsibilities, “…The teacher shall be promptly notified of the nature of the complaint and the identity of the complainant and be given an opportunity to respond to the complaint.” AGREEMENT 11-1-2-1 (note: allegations of child abuse should be reported to the appropriate authorities consistent with law and district policy. Also the principal/designee should consult with Legal or Human Resources)

c. If a school official receives information that might constitute child abuse, he/she is required to report the incident to Denver Police Department or Denver Department of Human Services and to file an incident report with the Security Office.

d. If a school official receives information that might constitute sexual harassment, the principal/department head or designee shall notify the Title IX officer, Security and/or police to investigate all allegations of sexual harassment that state a claim under District Policy JBB or GBAA in a prompt and equitable manner. The investigation shall determine whether reasonable cause exists to believe that the alleged conduct occurred and whether such conduct constitutes sexual harassment. If a violation of policy is found, the superintendent or designee shall appropriately discipline any student, teacher, administrator, or other school personnel who is found to have violated this policy, provide appropriate assistance to the victim, and/or take other appropriate action reasonably calculated to end the harassment.

e. “If necessary, the principal or designee shall arrange a meeting within seven (7) school days, the teacher and the principal or designee. If any record of the complaint, or its formal or informal resolution, is placed in the teacher’s files, the teacher shall have the right to file a written response within twenty (20) school days.” Agreement Sections 11-1-2-2 and 11-1-3.

2. Investigations

The district shall investigate the matter of concern to gather information. The investigation will typically be conducted by the supervising principal, but may be conducted by some other person designated by the district. The investigation shall be concluded as expeditiously as possible. The District shall give the teacher general notice of the concerns and of the opportunity to respond as soon as possible at a date, time and location to be determined by the District.

a. The supervising principal or designee shall determine whether administrative leave with pay is necessary to protect the interests of students or staff during the investigation. AGREEMENT 11-3-1. It will ordinarily be deemed necessary to place the teacher on leave pending investigations of matters that might lead to a recommendation to dismiss under the Act. Administrative leave with pay is not a punitive or corrective action.

b. If leave is necessary, District representative shall:

1. Give the teacher the specific allegation(s) of misbehavior and the basic reason why the leave is deemed necessary, when possible.” AGREEMENT 11-3-1.

2. Provide the teacher a copy of the administrative leave checklist (See Appendix 1.)

3. Allow the teacher the opportunity to respond to the allegations that caused the teacher to be put on leave immediately or at a date, time and place set by the District within three work days of being placed on administrative leave. The teacher will be given the opportunity to arrange for association representation within a twenty-four (24) hour period of being placed on administrative leave and be represented by the Association at any meeting related to the investigation.

4. “ If the investigation must extend beyond seven calendar days, or if the administrative leave must be extended, the teacher and the Association will be notified by telephone calls from the Department of Human Resources the reasons for the extension and the expected date of completion of the investigation and/or leave.” AGREEMENT 11-3-4.

c. If administrative leave is not necessary, the principal should obtain relevant information and documents from appropriate sources including the teacher and conclude the investigation as expeditiously as possible.

d. The principal or District representative shall review all the evidence gathered, including any response provided by the teacher, and determine what is the appropriate resolution of the matter of concern.

3. Resolution

a. Determination of No Corrective Action If no corrective action is deemed necessary, the district shall provide such notice and information to the teacher and association representative as necessary to close out the investigation.

b. Determination that Recommendation for dismissal under the Act is warranted.

All such actions are governed by the Act and not by the Agreement or this document.

c. Determination of Corrective Action If corrective action is deemed necessary, the district shall follow the guidelines outlined below.

4. Corrective Action Guidelines

a. The agreement does not determine what level of discipline should be imposed or that any particular progression of discipline be followed. The discipline will be determined by the District based upon the specific circumstances of the situation and must meet a “just cause” standard. The District, school or principal should use corrective action when a teacher has violated a work rule, job duty or responsibilities, or where there other good and just cause exists. These rules and directives should be communicated verbally or in writing to the teachers and cannot conflict with law, District policy or the terms of the Agreement. Appropriate corrective discipline should be imposed promptly and not deferred until the evaluation process is completed. An example of one way to handle violation of a work rule is attached as an Appendix.

b. Schedule Meeting: The principal will schedule a meeting with the teacher at a date, time and location designated by the District after giving advance notice to the teacher that the purpose of the meeting is to take corrective action under the Agreement. The teacher may elect to be accompanied at this meeting by another teacher from his/her school or an Association representative. AGREEMENT 11-2-2. If the teacher fails to meet with the principal at the designated date, time and location, such failure will not limit the District’s right to implement corrective action in accordance with the agreement c. Corrective action may include one or a combination of the following:

1. Letter of Warning: A Letter of Warning constitutes written notice to the teacher that certain types of behavior are prohibited and that future misconduct may result in more serious corrective action or other discipline up to and including dismissal. The document will include: Teacher’s name; date; situation needing improvement; facts of the situation (what, where, when, who); any previous discussions and instructions with the teacher on this situation; the actions to be taken; reasonable period of time, if appropriate, to correct behavior; the consequences for failure to correct the behavior; and a statement advising the teacher of the right to attach a written explanation. A copy of this letter may, at the discretion of the principal, be placed in the teacher’s personnel file. If it is to be placed in the teacher’s file, the teacher must be told of such decision and provided with an opportunity to review the letter of reprimand and to sign the copy of the letter as an acknowledgement of receipt. If the teacher refuses or fails to sign the copy of the letter of warning, the letter will still be placed in the teacher’s personnel file with an indication that the teacher refused to sign the letter of warning.

2. Letter of reprimand: a letter of reprimand constitutes written notice to the teacher that certain types of behavior are prohibited and that future misconduct may result in more serious corrective action or other discipline up to and including dismissal. Letters should describe the areas for behavior needing improvement, the actions needed to be taken, a reasonable period of time, if appropriate, to correct behavior; the consequences for failure to correct behavior; and a statement advising the teacher of the right to attach a written explanation. A copy of this letter ordinarily will be placed in the teacher’s personnel file. The teacher must be provided with an opportunity to review the letter of reprimand and to sign the copy of the letter as an acknowledgment of receipt. If the teacher refuses or fails to sign the copy of the letter of reprimand, the letter will still be placed in the teachers’ personnel file with an indication that the teacher refused or failed to sign the letter of reprimand.

Note: The distinction between a Letter of Warning and Letter of Reprimand:

* Letter of Reprimand is ordinarily placed in the teacher’s personnel file whereas a Letter of Warning may be placed, at the discretion of the principal.

* Letter of Reprimand is usually reserved for serious or repeated infractions.

3. Suspension without pay: a teacher may be suspended without pay as a sanction for the teacher’s actions or inaction, for a period of time not to exceed 20 teacher work days. A suspension will be implemented by providing the teacher with a written decision finding that the District has determined that suspension of the teacher is appropriate for a specified period of time. The duration of the suspension will be determined at the discretion of the District based upon the severity of the particular situation under consideration.

C. Miscellaneous

1. Return to work. Principals are encouraged to meet with teachers who return to work after administrative leaves with pay or suspension without pay to transition the teacher back into the classroom to ensure high quality and continuity of instruction.

2. The failure of the principal or his/her designee to follow any of the requirements contained in this document does not limit the board’s right to non-renew a probationary teacher under the Act.

Appendix

1. Administrative Leave With Pay Checklist 2. Letter of Warning template 3 Letter of Reprimand template 4. Example of Work Rule Violation Administrative Leave With Pay Checklist

Name of teacher: ______________________________ Date: ___________________

You are being placed on administrative leave with pay for the purpose of investigation of a matter of which your principal (or supervisor) will apprise you. This leave is not a punitive action by your principal. The following information is intended to outline your rights and responsibilities while on leave.

You are directed to: Leave all school keys at the school office today

Leave a hard copy of your lesson plans at the school office including class rosters, seating charts, grade books, and all student records and data in your possession

These lesson plans may be faxed or emailed to the school office, if necessary, no later than_________________

For security purposes, access to the following will be temporarily suspended during the administrative leave period: All district servers Email Voicemail

During this leave, you will not have access to school or school grounds unless specified otherwise below: By appointment At certain times: ___________________ Other:

During your administrative leave

A District investigator may be contacting you and you are directed to cooperate in this investigation

You are required to be available during regular school hours for such an appointment or a return-to-work meeting. If for some reason you can’t be available during regular school hours, please contact ____________________ at ____________________ to make arrangements and to explain your unavailability

You may not contact any students or parents concerning any matters pertaining to this investigation

District personnel assigned to conduct the investigation will gather all necessary information You will be informed of the results of the investigation at a meeting

You may learn about your rights under the Agreement and Partnership by going to the (web site)

You may, but are not required to, remove personal effects from the school premises under the supervision of staff designated by the principal or by calling principal’s office to make an appointment

Please sign and date this form below to indicate your receipt of it.

Teacher: _______________________________Date: __________________

Principal: ______________________________ Date: __________________

2. Letter of Warning Template: To be personally delivered or mailed to teacher

Date:

(teacher’s name and address)

Re: letter of warning

Dear (teacher’s name)

Situation needing improvement: (describe district policy, school procedure, principal directive, contract article, or rule infraction/violation)

Facts of the situation (what, where, when, who) (describe details of the infraction)

Previous discussions, and instructions with the teacher, if any, on this situation (list situation, date)

Actions to be taken (describe recommended action to correct behavior)

Reasonable period of time, if appropriate, to correct behavior (provide date by which behavior must comply with the work rule, etc)

Consequences for failure to correct the behavior

Statement advising the teacher of the right to attach a written explanation

You have the right to review this warning. A copy of this letter may be placed in your personnel file at the sole discretion of the principal. If the letter is to be placed in your file, you have the right to review and sign the filed copy (acknowledging receipt) and attach a written explanation of your behavior. If you refuse or fail to sign the copy of the letter within the specified time, the letter will still be placed in your personnel file with an indication that you refused or failed to sign the letter. With this letter, I am giving you an opportunity to correct your behavior and perform your teaching duties and responsibilities in an acceptable manner.

____ Filed in personnel file _____ Not filed in personnel file

Cordially,

District representative (supervising principal/area supt or hr rep)

I have had an opportunity to review this letter of warning, receive a copy and, if applicable, provide a written explanation.

_____________ Date: __________________ Teacher 3. Letter of Reprimand: To be personally delivered or mailed to teacher

Date:

(teacher’s name and address)

Re: letter of reprimand

Dear

Situation needing immediate improvement: You are hereby reprimanded because (give general statement of what rule, law, board or school policy, principal directives, lack of professional behavior etc. that was violated.)

Facts of the situation (what, where, when, who) (describe details of the infraction)

Previous discussions and instructions with the teacher, if any, on this situation: (list situation, date)

Actions to be taken (describe recommended action to correct behavior) You will not (repeat what rule, policy, professional behavior needs to be followed in the future)

Time to correct behavior (provide date by which behavior must comply with the work rule, etc) There will be no further violations of (whatever)

Consequences for failure to correct the behavior: Failure to comply with this letter of reprimand may result in further disciplinary action, including possible dismissal recommendation.

You have the right to review and sign the filed copy and attach a written explanation of your behavior, which shall be attached to this letter of reprimand in your personnel file. If you refuse or fail to sign the copy of the letter of reprimand within the specified time, the letter will still be placed in your personnel file with an indication that you refused or failed to sign the letter of reprimand.

By this reprimand, I am giving you an opportunity to correct your behavior and perform your teaching duties in an acceptable manner.

Cordially,

District representative (supervising principal/area superintendent or HR rep)

I have had an opportunity to review this reprimand, receive a copy and the opportunity to provide a written explanation. Date:

Teacher

Cc: personnel file 4. Example of Corrective Discipline for teacher being late to work

The following example is intended to be illustrative of a situation that generally can be handled through progressive corrective action:

Rule violated: At start of school year, School announced rule that teachers are to be at school 30 minutes before school starts.

Coaching and Counseling session or verbal warning can be imposed at any time without any formal procedures: Principal learns that a teacher arrived 10 minutes before school started on one occasion. Principal talks to the teacher, determines that tardiness was due to sleeping late, tells teacher “you must follow work hours and you didn’t on (specific day.) Reminds the teacher of the rule and states that repeated violation of rules may result in corrective action.”

Letter of warning: same teacher is reported to have arrived late 15 minutes after start of first period-second incident within a short period of time. Principal investigates, including giving the teacher the opportunity to respond and determines that the teacher arrived 15 minutes after first period had started due to sleeping late. Principal decides to give a corrective action. She/he directs the teacher to come in to meet with the principal at a specified time and place alone, with a colleague teacher or with a ASSOCIATION representative for the purpose of giving the teacher a corrective action under AGREEMENT article 11-2. The letter of warning/reprimand should be prepared in advance and given to the teacher at the beginning of the meeting unless the principal wants to give the teacher one more opportunity to respond to the charge that he/she has been late to work. If the corrective action will be placed in the personnel file, the teacher shall be given the opportunity to respond in writing and have the response attached and included in the personnel file. See sample Letter of Warning below:

Letter of Reprimand: Suspension or recommendation for dismissal: Same teacher is again reported to have arrived late-3rd incident because of sleeping late. Principal may choose between disciplinary suspension and recommendation for dismissal under the teacher dismissal act. The number and extent of lateness and consequences to the students, etc should determine the duration or period of suspension or recommendation for dismissal.

Sample Letter of Warning/Reprimand: To be personally delivered or mailed to teacher

Date

(teacher’s name and address)

Situation needing improvement: “Failure to arrive at school 30 minutes prior to the start of school”.

Facts of the situation “On August 30, you arrived at school at 7:45 a.m. This was 15 minutes after the start of school. When I asked why you were late, you said you overslept.

Previous discussions, and instructions with the teacher, if any, on this situation: “On August 16, 2002, during teacher prep meetings, all teachers were informed of the rule to be at school 30 minutes prior to the start of school. On August 26, you arrived at school at 7:15. I spoke with you, explained the rule. On August 30, you arrived at work at 7:45, 15 minutes after the start of classes.

Actions to be taken “You are required to be at work no later than 30 minutes prior to the start of school.”

Reasonable period of time, if appropriate, to correct behavior: Immediate compliance is required.

Describe the consequences for failure to correct the behavior: “Failure to comply with this letter of warning may result in further disciplinary action, up to and including corrective action and/or dismissal recommendation.

Statement advising the teacher of the right to attach a written explanation: A copy of this letter may be placed in your personnel file at the sole discretion of the principal. If the letter is to be placed in your file, you have the right to review and sign the filed copy (acknowledging receipt) and attach a written explanation of your behavior. If you refuse or fail to sign the copy of the letter within the specified time, the letter will still be placed in the teacher’s personnel file with an indication that the teacher refused or failed to sign the letter.

With this letter, I am giving you an opportunity to correct your behavior and perform your teaching duties and responsibilities in an acceptable manner.

Cordially,

District representative (supervising principal, area superintendent or HR rep)

________ filed in personnel file ________ not filed in personnel file

I acknowledge receipt of a copy of this letter. I have had an opportunity to review this letter, if applicable, receive a copy and provide a written explanation __________

Teacher