Archive: January 2002

Letters of Reprimand and Suspensions
By Steve Kaplan, UniServe Field Organizer

Article 34 - "Letters of Reprimand and Suspensions" provides our unit members a vehicle to challenge the content of a Letter of Reprimand. In addition, the Article establishes a series of progressive disciplinary steps.

Section 34.2.1 requires multiple warnings prior to the issuance of a Letter of Reprimand. The progressive steps are:

• Verbal Warning
• Written Warning
• Letter of Reprimand

Each progressive step is triggered by a separate incident. Only in cases of "egregious conduct" may the progressive steps be set aside (Section 34.2.2). The contract does not define egregious but Webster's definition is "remarkable or extraordinary in some bad way; glaring, flagrant: an egregious mistake, an egregious liar". This definition places a high burden of proof on the District when it claims an action is egregious.

A Verbal Warning may be summarized in writing and provided to the unit member being disciplined. However, this written summary is not placed in your site or central office personnel file. A Written Warning is placed in your site personnel file but is not placed in your central office file. A Letter of Reprimand is placed in both your site and central office personnel file.

Sections 34.2.3 through 34.2.5 establish your right to challenge the content of a Letter of Reprimand. The challenge process concludes with a hearing before a neutral hearing officer. An administrator cannot write a Letter of Reprimand based on dubious facts and expect it to be upheld.

Important! If you receive a Letter of Reprimand, a Written Warning, or a Verbal Warning contact your site Association Representative immediately. This is particularly important in the case of a Letter of Reprimand, as the appeal to challenge the Reprimand must be filed within ten (10) working days.