ARTICLE 49 – DISCIPLINARY ACTION
49.01 Subject to Clause 48.01(b), no teacher shall be suspended or dismissed, or otherwise disciplined, except for just cause.
49.02 A teacher who is suspended or dismissed shall be provided with written notification within five (5) days (Saturdays, Sundays and statutory holidays excluded) of any oral notification. Such written notification shall state the precise reasons for the suspension or dismissal and no reasons other than those stated in that notice may subsequently be advanced against the teacher in that particular disciplinary action.
(a) A copy of any document placed on a teacher’s personal file, which might at any time be used against a teacher in any case of suspension, dismissal or disciplinary action, shall be supplied concurrently to the teacher. Before any such document is entered in the teacher’s personal file, it shall be signed by the teacher for the sole purpose of certifying that it has been examined. If the teacher refuses to sign, the document shall be entered in the personal file with the notification that the teacher has refused to sign. A teacher shall be provided an opportunity to submit a written explanation as to why he/she refused to sign the document and the written explanation shall be entered into the teacher’s personal file. Such explanation shall be provided by the teacher within ten (10) calendar days of receipt of the document. No occurrence or event, which is not documented in the Teachers’ personal file within ten (10) calendar days of the discovery and verification of the incident by the Employer, except a culminating occurrence or event, shall be used against the teacher in any case of suspension, dismissal or other disciplinary action.
(b) Proper security shall be maintained on teacher personal files. The files may be viewed only by the Director of Education, the Assistant Director of Education (Human Resources), the Associate Director of Education (Programs), the Assistant Director of Education (Programs), and a Senior Education Officer (SEO), and the contents of the file shall be held in strictest confidence. Any other person wishing to view a teacher’s file may do so only with the written consent of the Director of Education. A copy of such written consent shall be provided concurrently to the teacher.
(a) Any documents of a disciplinary action shall be removed from the personal file and disregarded after the expiration of two (2) calendar years provided that there has not been a recurrence of a similar incident during that time, in which case it shall be removed two (2) years after the recurrence.
(b) Any written explanation provided by teachers in accordance with Clause 49.03 shall be removed from the teacher’s personal file and disregarded after the expiration of two (2) years provided there has not be a recurrence of a similar incident during that time, in which case it shall be removed two (2) years after the recurrence.
49.05 Teachers under investigation or charged will not automatically lose pay or benefits while under a period of suspension prior to the determination of guilt or innocence. If upon investigation, the School Board feels that disciplinary action is necessary, such action shall be taken in accordance with the provisions of the Collective Agreement. In situations where the School Board is unable to investigate the matter to its satisfaction, but where the Board feels the teacher should be removed from his/her current assignment on an interim basis, the teacher shall not lose pay or benefits.