This report was conducted in 2024 in order to better understand what happens to employer records of teachers who commit misconduct related to physical or sexual violence against their students. Collective agreements for teachers vary significantly both across and within provinces. For the most part, there are both province wide master agreements, as well as local or regional agreements, which result in differences or variation in policy.
Notwithstanding this challenge, SECE took a snapshot of clauses from provincial agreements to better understand how long records of teacher misconduct are retained and if and when they are destroyed. This is not meant to be a comprehensive study but rather our goal is to concretely demonstrate that there are significant existing weaknesses across Canada that need to be addressed.
This study is important to SECE because our lived experience, as well as that documented by researchers, indicates that teachers who sexually abuse students, often abuse multiple students over long periods of time before being stopped. Moreover, the underlying psychological factors that result in teachers sexually abusing students are not believed to be something that is easily stopped. As a result, it is critical that misconduct related to child exploitation be retained on teachers’ files indefinitely so that these teachers can be appropriately disciplined or removed from teaching in order to safeguard children.
Below are examples of Collective Agreement Clauses from each province in order to assess the general trends as to which provinces are keeping records permanently for “at risk” teachers and which ones are not.
There were a few notable positive examples such as in Ontario where records relating to violence against students or others were retained indefinitely. In BC and Saskatchewan, we found agreements that did and some that did not retain critical records. Sadly, most other provinces do not make any provision for the retention of these records. At the time of this study, some agreements were expired and new ones were subject to negotiation.
SECE is particularly concerned about the practice of making any matter regarding the safety and protection of children subject to collective bargaining. By its very nature collective bargaining is subject to trade-offs and exchanges in order to reach agreements. In addition, teachers’ unions in some instances become political actors in provinces often aligning themselves with various political parties. These alliances can put children at risk if trade-offs are made that put their members interests ahead of child protection. For these reasons, any regime put in place to protect children from teachers who may sexually abuse them needs to be coherent and not provide "escape routes" or exceptions via other mechanisms. A system full of holes cannot adequately safeguard children. Much more work needs to be done by provincial governments to ensure the positive examples set by Ontario and a few others as are implemented systematically across all agreements in Canada.
Examples of these clauses are listed below.
COLLECTIVE AGREEMENT BETWEEN DISTRICT SCHOOL BOARD ONTARIO NORTH EAST AND DISTRICT 1, ONTARIO NORTH EAST OF THE ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION
September 1, 2019 – August 31, 2022
PART A – CENTRALLY AGREED TERMS
PART B – LOCALLY AGREED TERMS
ARTICLE 19 - PERSONNEL FILES 19.01 A Teacher shall have access to his/her personnel file maintained by the Director of Education or designate at the Board office
19.02 Upon prior written request to Human Resources, an employee will be provided with a copy of their personnel file. The file will be copied and the employee will pick up the file at the Board Office (Schumacher or New Liskeard), with a signature upon pickup.
19.03
19.03.1 Where a Teacher disputes the accuracy or completeness of any such information, other than the evaluation report, the Teacher shall do so in writing.
19.03.2 This information shall be added to the Teacher’s file.
19.04 Upon written request of the Teacher to the Superintendent of Human Resources,
documents contained in the Teacher’s personnel file which are disciplinary in nature and all supporting documents shall be removed from the file three (3) years after their date of issue, unless further similar disciplinary action has occurred in that period. 19.05 Notwithstanding
19.04, disciplinary materials regarding suspensions, harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the Board will remain in a teacher’s file.
COLLECTIVE AGREEMENT between THE ONTARIO SECONDARY SCHOOL TEACHERS’ FEDERATION (hereinafter called the “OSSTF” or “Union”) representing THE EDUCATIONAL SUPPORT STAFF BARGAINING UNIT OSSTF
DISTRICT 2 ALGOMA
September 1, 2019, to August 31, 2022
ARTICLE 29 - CRIMINAL BACKGROUND CHECK 29.1 The Board will ensure that all records and information (including offence declaration and CPIC record) obtained pursuant to Regulation 521/01 of the Education Act are stored in a secure location and in a completely confidential manner. Access to such records and information will be strictly limited to the members of Senior Administration, The Manager of Human Resources, and no more than two delegates of the Superintendent, as long as they are not members of the bargaining unit. Individual member or a designate shall have access to his/her own records.
COLLECTIVE AGREEMENT BETWEEN THE GOVERNMENT OF YUKON AND THE YUKON ASSOCIATION OF EDUCATION PROFESSIONALS
EFFECTIVE JULY 1, 2021, TO JUNE 30, 2024
ARTICLE 41 PERSONNEL FILES
41.01 Personnel files shall be in the custody of the Public Service Commission and shall not be accessible to other than appropriate administrative officials of the Department of Education or school board.
41.02 The personnel file for each employee shall be maintained at the Public Service Commission office. Any files relating to an employee shall be consolidated when the employee leaves.
41.03 a) At the written request of an employee, any formal disciplinary notice placed on the employee’s personnel file in the Public Service Commission shall be removed from the file provided that the employee has attained a clear work record for three (3) years from the date of the notice. The employer agrees not to place on an employee’s file a letter of complaint from a member of the public unless it forms part of a formal disciplinary notice.
b) Disciplinary notices removed from the file under (a) above will be placed in a sealed envelope and left in a separate file that may only be opened by the employee or by the Director or an Advisor of the Labour Relations Branch of the Public Service Commission. c) Article
41.03 (a) does not apply to documentation that is part of a formal performance evaluation, that is related to any pending disciplinary action, or that is related to an action which compromises the safety or well-being of students.
41.04 The employer agrees not to introduce as evidence in a hearing relating to a disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing, or within a reasonable period thereafter.
COLLECTIVE AGREEMENT BETWEEN THE NUNAVUT EMPLOYEES UNION AND THE MINISTER RESPONSIBLE FOR THE PUBLIC SERVICE ACT
EXPIRES September 30, 2024
ARTICLE 33 – EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES
33.02 The Employer agrees not to introduce as evidence in the case of promotional opportunities or disciplinary action any document from the file of an employee, the existence of which the employee was not made aware, by the provision of a copy thereof at the time of filing or within a reasonable period thereafter.
33.03 Any document or written statement related to disciplinary action, which may have been placed on the Personnel file of an employee, shall be destroyed after twelve (12) months of employment have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.
33.04 Upon written request of an employee, the personnel file of that employee shall be made available for their examination at reasonable times in the presence of an authorized representative of the Employer.
COLLECTIVE AGREEMENT BETWEEN THE NUNAVUT TEACHERS’ ASSOCIATION AND THE MINISTER RESPONSIBLE FOR THE NUNAVUT PUBLIC SERVICE ACT
EXPIRES JUNE 30, 2025
ARTICLE 21 EMPLOYEE FILES
21.01 There will be only one (1) personnel file, which will be maintained in the Headquarters of the Regional School Operations.
21.02 The Employer will not introduce as evidence in a hearing relating to disciplinary action any document from the file of an
Employee unless the Employee was aware of the document at the time of filing or within a reasonable period.
21.03 Upon advance notice by a Teacher, the Employer shall provide the Teacher with access to their personnel file at times convenient to the Employer and in the presence of an authorized representative of the Employer.
21.04 Upon presentation of a written request from the Employee, an accredited representative of the Association may be supplied with information and copies of documents from the Employee's personnel file. The Employee must have specifically identified what information and documents are to be made available to the representative. 21.05 An Employee's personnel file will be cleared of all adverse comments, reports or correspondence if the Employee has been continuously employed for three (3) years from the date of the last adverse comment, report or correspondence.
21.06 Employees may place documents on their personnel file that pertain to work related matters with the knowledge of their Employer who will ensure that a copy is forwarded to the Headquarters of the Regional School Operations within seven (7) days.
AGREEMENT BETWEEN TREASURY BOARD AND THE CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 2745
Made on the 15th day of December 2021 to FEBRUARY 28, 2023.
ARTICLE 10 - SUSPENSION, DISCIPLINE AND DISCHARGE
Documentation relating to improper conduct shall be removed from the employee’s personnel file within a reasonable period of time following the expiration of a period of twenty-four (24) months following the effective date of the disciplinary action, providing no other instance of disciplinary action in respect of the employee has been recorded during that period. After twelve (12) months following the effective date of the disciplinary action, the employee may request in writing that the disciplinary letter be removed from their file. The employer’s decision in this regard will not be subject to the grievance procedure as outlined in Article 7. 10.06 Access to Personnel File Upon request, an employee shall be given an opportunity to read her file. Such permission shall neither be unreasonably requested nor denied. Where a reasonable need is established, employees shall be permitted to obtain copies of documents from their file. 10.07 Right to have Union Representation.
COLLECTIVE AGREEMENT BETWEEN THE CITY OF FREDERICTON AND CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL UNION NO. 1709
THIS AGREEMENT made this 29th day of September 2020.
In effect as of 2019 January 1 to 2022 December.
ARTICLE 10 - DISCIPLINE
10.08 The record of an employee shall not be used against them at any time after eighteen (18) months following a suspension or any other disciplinary action, including written reprimand or warnings.
COLLECTIVE AGREEMENT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND (Represented herein by the Treasury Board) AND: NL ENGLISH SCHOOL DISTRICT.
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1560
April 1, 2016 - March 31, 2020
ARTICLE 9: DISCHARGE, SUSPENSION AND DISCIPLINE
9:03 Adverse Report The Employer shall notify an employee in writing of any expression of dissatisfaction concerning his/her work within ten (10) working days of the event of the complaint, with a copy to the Secretary of the Union, who should hold such in the strictest confidence. This notice shall include particulars of the work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time. This article shall be applicable to any complaint or accusation which may be detrimental to an employee's advancement or standing with the Employer, whether or not it relates to his/her work. The employee's reply to such a complaint, accusation or expression of dissatisfaction shall become part of his/her record. Any document which might at any time be used against an employee in any case of suspension, dismissal or disciplinary action shall be removed from his/her personnel file and destroyed after the expiration of eighteen (18) months providing there is no recurrence of a similar incident during that time, in which case it shall be removed and destroyed eighteen (18) months after the recurrence.
MASTER COLLECTIVE AGREEMENT
Her Majesty the Queen In Right of Newfoundland and Labrador (Represented herein by the Treasury Board) And The Newfoundland & Labrador School Boards Association Representing the School Districts of: Newfoundland and Labrador English School District And The Newfoundland & Labrador Association of Public and Private Employees
Expiry March 31, 2022.
22.05 A copy of any document placed on an employee's official personal file which might at any time be the basis of disciplinary action, shall be supplied concurrently to the employee who shall acknowledge having received such document by signing the file copy. Any such document shall be removed and disregarded after the expiration of eighteen (18) months from the date it was placed in the employee's file provided that there has not been a recurrence of a similar incident during that period. The employee shall be responsible to see that any such document is removed.
Montreal Teachers Association MTA-EMSB LOCAL AGREEMENT 2017-2020
SECTION B PERSONAL FILE
5-6.09 Only a disciplinary letter countersigned under Clause 5-6.07 may be placed in the teacher’s personal file.
5-6.10 Within fifteen (15) work days of receiving a letter of warning, reprimand, suspension or notice of compulsory transfer, the teacher may make written comments s/he feels are relevant to the disciplinary measure and have the comments entered in her/his personal file.
5-6.11 Every letter of warning placed in the teacher’s personal file shall become null and void one hundred (100) work days after the date on which it is issued unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.12 Every letter of reprimand placed in the teacher’s personal file shall become null and void two hundred (200) work days after the date on which it is issued unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.13 Every letter of suspension or discipline letter notifying the teacher of a compulsory transfer placed in the teacher’s personal file shall be withdrawn from the said file three hundred (300) work days after the beginning of the suspension or effective date of the transfer1 unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.14 In the case of a subsequent disciplinary measure within the time period prescribed in Clause 5-6.11, 5-6.12 or 5-6.13, the expiry date of the first measure shall automatically be carried forward to the expiry date of the second measure.
5-7.00 DISMISSAL 5-7.01 Clauses 5-7.01 to 5-7.08 apply to teachers with regular contracts only. The School Board may only terminate a teacher’s contract of engagement for one of the following reasons: incapacity, negligence in the performance of her/his duties, insubordination, misconduct or immoral behavior.
5-7.02 The School Board or the school administration may relieve the teacher temporarily of her/his duties, with or without total salary.
Quebec (the collective agreements found to be exactly the same, but different dates. One is Teachers Association and the other Union)
LOCAL COLLECTIVE AGREEMENT
SIR WILFRID LAURIER SCHOOL BOARD AND LAURIER TEACHERS UNION SYNDICAT DES ENSEIGNANTES ET ENSEIGNANTS LAURIER
EFFECTIVE JULY 1, 2018, Amended Version June 2022
Section B - Personal File 5-6.09 Only a disciplinary letter countersigned under clause 5-6.07 may be placed in the teacher’s personal file.
5-6.10 Within fifteen (15) workdays of receiving a letter of warning, reprimand or suspension, the teacher may make written comments he or she feels are relevant to the disciplinary measure and have the comments entered in his or her personal file.
5-6.11 Every letter of warning placed in the teacher's personal file shall become null and void one hundred (100) workdays after the date on which it is issued, unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.12 Every letter of reprimand placed in the teacher's personal file shall become null and void two hundred (200) workdays after the date on which it is issued, unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.13 Every letter of suspension placed in the teacher's personal file shall become null and void three hundred (300) workdays after the beginning of the suspension, unless it is followed by a disciplinary measure on the same subject or a similar subject within that period.
5-6.14 In the case of a subsequent disciplinary measure within the time frame prescribed in clauses 5-6.11, 5-6.12 or 5-6.13, the expiry date of the first measure shall automatically be carried forward to the expiry date of the second measure. Dismissal clause the same as above.
COLLECTIVE AGREEMENT BETWEEN The Northwest Territories Teachers' Association AND The Minister Responsible for the Public Service Act
EXPIRES July 31, 2023
ARTICLE 21 EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES
21.04 Upon presentation of a written request from the employee, a Designated Representative of the Association may be supplied with information and copies of documents from the employee's personnel file. The employee must have specifically identified what information and documents are to be made available to the representative. There will be one personnel file, located in the Regional Human Resource Service Centre.
21.05 An employee's personnel file will be cleared of all adverse comments, reports or
correspondence if the employee has been continuously employed for three (3) calendar years from the date of the last adverse comment, report or correspondence.
21.06 Employees may place documents on their personnel file with the approval of their supervisor.
COLLECTIVE AGREEMENT BETWEEN THE UNION OF NORTHERN WORKERS AND THE MINISTER RESPONSIBLE FOR THE PUBLIC SERVICE ACT
EXPIRES MARCH 31, 2023
ARTICLE 35 EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES
35.03 Any document or written statement related to disciplinary action, which may have been placed on the Personnel file of an employee, shall be destroyed after 18 months of employment have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.
35.04 Upon written request of an employee, the personnel file of that employee shall be made available for the employee’s examination at reasonable times in the presence of an authorized representative of the Employer.
COLLECTIVE AGREEMENT between The Board of Education of the Saskatoon School Division No. 13 Of Saskatchewan and Canadian Union of Public Employees, Local 8443 2020–2022
ARTICLE 16 – ACCESS TO EMPLOYEE FILES 16:01 Employees who wish to have access to their personnel file shall make a request to the Superintendent of Human Resources or designate. The Superintendent shall make arrangements as required to enable the employee to review the file in a timely manner. 16:02 The Board agrees to advise and discuss with an employee any performance evaluation report prior to any such report being filed in the employee’s personnel file.
ARTICLE 17 – DISCIPLINE The parties endorse the concept of progressive discipline.
17:01 When a supervisor finds it necessary to submit a disciplinary letter on an employee, it shall be in writing and it shall contain: (a) particulars regarding the work performance or other employment related action giving rise to the letter. (b) disciplinary and/or corrective measure utilized and recommendations for further action. (c) a statement certifying that the letter has
been read by and discussed with the employee concerned. It is understood that Performance Appraisals do not constitute a disciplinary document under the meaning of this Article.
17:02 An employee shall have the right to comment on a disciplinary letter in writing. The employee’s written comments shall be provided within five (5) working days of the receipt of the disciplinary letter.
17:03 The disciplinary letter and the employee’s comments shall become part of the employee’s personnel file and copies shall be forwarded to the Union.
17:04 In the event that no subsequent disciplinary letter is filed during a period of twenty-four (24) months, the disciplinary letter shall be removed from the file and will not become part of any subsequent disciplinary actions. In situations involving discipline for proven matters of a more serious nature such as sexual harassment or theft, the disciplinary letters shall not be removed from the file.
17:05 In situations where a supervisor/principal meets with an employee for the purpose of discussing a matter of formal discipline, the supervisor/principal shall notify the employee of their right to have a Union Steward present. Formal discipline is understood to be any disciplinary action at the written reprimand level or above. Union Stewards shall be given the opportunity to perform their required duties free from hindrance. It is understood that Union Stewards will make arrangements with the appropriate supervisor/principal when duties require them to be absent from their regularly assigned duties.
17:06 Any employee who is absent without leave other than for proven sickness, disability or injury for three (3) consecutive days will be considered to have abandoned their employment and will be terminated for cause, unless the employee can demonstrate that it was unreasonable to expect them to be at work.
17:07 An employee may be suspended for just cause. When an employee is suspended they shall be given the reason in the presence of their Steward. Such employee and the Union shall be advised by the Board promptly in writing of the reason for such suspension. Such employee shall have recourse to the grievance procedure.
17:08 An employee who has completed the probationary period may be dismissed for just cause upon the authority of the Board. The Union shall be provided the opportunity to have a Shop Steward present when an employee is being dismissed. Such employee and the Union shall be advised promptly, in writing, by the Board of the reason for the dismissal. Such employee shall have recourse to the grievance procedure, but Steps 1 and 2 of the grievance procedure shall be omitted in such a case.
17:09 Employees who have been unjustly demoted, suspended or dismissed shall be immediately reinstated in their former position without loss of seniority. They shall be compensated for all time lost in an amount equal to their normal earnings during the pay period next preceding such dismissal or suspension, or by any other arrangement as to compensation which is just and equitable in the opinion of the parties or in the opinion of a Board of Arbitration, if the matter is referred to such a Board.
17:10 In cases where the conduct of a permanent employee warrants the immediate removal of the employee from the Board’s premises, the employee shall be suspended, pending investigation of the details surrounding the incident. The union shall be promptly informed of such action. A decision on the matter shall be communicated to the employee and the Union by management personnel within three (3) working days of the suspension.
PROVINCIAL COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BOARDS OF
EDUCATION AND THE GOVERNMENT OF SASKATCHEWAN AND THE TEACHERS OF SASKATCHEWAN
SEPTEMBER 1, 2019, TO AUGUST 31, 2023
TEACHER PERSONNEL AND MEDICAL FILES 10.1 Statement of Access A teacher’s personnel file maintained by the Ministry of Education or a teacher’s personnel and medical files maintained by a board of education shall be available for examination by the teacher in accordance with the procedures set out herein.
10.2 Conditions of Access
10.2.1 A teacher shall submit a written request to a designated official of the Ministry of Education or board of education for an opportunity to examine the contents of the teacher’s personnel and medical files.
10.2.2 The designated official shall arrange with the teacher for an appointment to examine the information in the presence of said official or alternate at the office of the Ministry of Education or school board office during regular business hours.
10.2.3 The file contents examined may not be removed by the teacher from the location of the examination, but the designated official shall, at the request of the teacher, provide a copy of any or all records to which the teacher has been granted access.
10.2.4 Materials examined by the teacher may not be amended or deleted without the approval of the Ministry of Education or board of education.
10.2.5 The Ministry of Education or any board of education shall not charge a fee for access to a teacher’s file by the teacher. A board may, at its discretion, charge copying fees in accordance with Regulations under The Local Authority Freedom of Information and Protection of Privacy Act. 10.3 Confidentiality
10.3.1 The presence of any documents submitted in confidence shall be identified to the teacher.
10.3.2 Subject to Clause
10.3.3, no written materials regarding the teacher which were submitted in confidence may be examined unless written permission is secured from the originator of such confidential material.
10.3.3 The views or opinions of another person about a teacher, other than views or opinions given pursuant to Subsection 31(2) of The Freedom of Information and Protection of Privacy Act or Subsection 30(2) of The Local Authority Freedom of Information and Protection of Privacy Act, are the personal information of the teacher.
10.3.4 Only the designated official shall maintain the separate teacher-specific medical file. Only the teacher and the designated official shall have access to the contents of the medical file (see Clauses 7.5.4.2 and 8.3.2).
10.4 Teacher Acknowledgment of Examination
10.4.1 The teacher shall acknowledge the examination of information by signing a dated statement to that effect. Such a statement shall be retained in the teacher’s personnel or medical file as the case may be.
10.4.2 A teacher may submit a written comment with respect to any entry in the personnel or medical files and such comment shall be attached to the relevant document and included in the relevant file.
10.5 Removal of Documents of a Disciplinary Nature
10.5.1 Any document of a disciplinary nature shall be removed from the teacher’s personnel file after a period of three (3) years from the point of the alleged infraction, provided there have been no reoccurrences of a similar nature during the three-year period.
COLLECTIVE AGREEMENT between CHIGNECTO-CENTRAL REGIONAL CENTRE FOR EDUCATION and NOVA SCOTIA GOVERNMENT AND GENERAL EMPLOYEES UNION LOCAL 71
July 1, 2015 – June 30, 2023
ARTICLE 12 - PERSONNEL FILE *12.01 There shall be one official personnel file for each member of the bargaining unit, to be used in decisions respecting the terms and conditions of employment of that Employee. Access to such files shall be available to Employees for viewing, upon request to the Employer with a minimum of twenty-four (24) hours notice. Such appointment shall be during normal Regional Centre for Education office hours and shall occur in the presence of a person authorized by the Employer. Copies of personnel file material shall be provided to the Employee upon reasonable request.
12.02 a. An Employee shall be provided a copy of any adverse report pertaining to an Employee’s conduct or work performance which is placed in their personnel file. b. When so requested, an Employee shall be required to acknowledge, in writing, receipt of any document placed in the Employee’s personnel file. Such acknowledgment shall not be interpreted as agreement of the contents thereof by the Employee. A refusal to sign an acknowledgment shall be noted on the personnel file.
12.03 Notice of a disciplinary action which may have been placed on the personnel file of an Employee shall be destroyed after three (3) years of actual work have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. For greater clarity, the three (3) years of actual work period does not include periods of layoff (saving the regular summer layoff periods) or periods of unpaid leave.
12.04 a. Employees shall have the right to reply in writing to any document placed in her/his personnel file and such reply shall become part of the Employee’s personnel file. An Employee shall be permitted to insert in her/his personnel file any document relevant to employment, including letters of commendation and meritorious conduct. b. The Employee may request and the Employer shall provide copies of all documents contained in the personnel file. c. The Employer shall restrict access to confidential personnel files on a need-to-know basis.
COLLECTIVE AGREEMENT Between ATLANTIC PROVINCES SPECIAL EDUCATION AUTHORITY (the "Board") - and - NOVA SCOTIA TEACHERS UNION (the "Union") Expiry Date: July 31, 2020
ARTICLE 10 - TEACHER'S PERSONNEL FILE 10.01
(a) The Board shall maintain an Official Personal Record File of every teacher under its authority. Such file, which shall be designated as the Official Personal Record File, shall be kept at the APSEA Centre and shall be available to the teacher for viewing in the general office, upon request to the Superintendent, during the regular business hours. The file shall also be available to the teacher's representative upon presentation of a letter of authorization to the Superintendent and/or designated Director.
(b) Access to the file shall be restricted to APSEA's senior administrators, the teacher and/or the teacher's representative(s); and such others as may be approved by a motion of the Board.
(c) Pursuant to (b), the names and dates of those who have accessed the file, as a result of the Board motion, shall be recorded in the file.
(d) A teacher’s medical records shall be stored in a sealed envelope or in a separate secure medical file.
10.02 The Employer and the Board agrees not to introduce as evidence in any proceeding involving a teacher, any document from the file of the teacher, the contents of which the teacher was not aware of at the time of filing.
10.03 (a) When a teacher evaluation is entered in the teacher's Official Personal Record File, the teacher shall acknowledge that the teacher has had the opportunity to review such evaluation by signing the copy to be filed, with the expressed understanding that the teacher's signature does not necessarily indicate agreement with the contents. The teacher shall be permitted to attach comments related to the evaluation.
(b) Notwithstanding Article 10.03 (a), in the event a teacher refuses to sign a teacher evaluation, the evaluation will be entered in the teacher's Official Personal Record File with a witnessed notation that the teacher has refused to sign the evaluation.
10.04 (a) Before any comment, note, or other report is entered in the teacher's Official Personal Record File, the teacher shall be given an opportunity to review such document, and shall be given an opportunity to attach comments related to the comment, note or report.
(b) Teachers may enter any comment, note or report in their Official Personal Record File, whether written by themselves or by a person in a supervisory position.
10.05 Upon termination of employment, the teacher's Official Personal Record File shall become an inactive file and shall remain the property of the Board.
10.06 Except for a teacher evaluation, any unfavorable report entered in the teacher's Official Personal Record File shall be removed from the active file after the material has been on file for four (4) years, provided that no further disciplinary action has been recorded during this time; or may be removed in a lesser period if, in the opinion of the Superintendent, the teacher's performance warrants removal.
10.07 If a teacher alleges the comments on file are untrue or inaccurate and the request for the removal of such comments is denied by the Board, the teacher may grieve using the grievance procedure in this Agreement.
SECTION 32 - OFFICIAL PERSONAL RECORD FILE 32:01
(a) The Employer shall maintain an Official Personal Record File of every teacher under its authority. Such file, which shall be designated as the Official Personal Record File, shall be kept at the offices of the Employer, and shall be available to the teacher, or his/her representative, upon request, in writing by the teacher, during the regular business hours of the said offices.
(b) 1. Such files shall be kept confidential and be available to the Employer and/or its designate(s) and to the teacher and/or his/her representative(s).
2. A teacher may grant permission for all or part of the contents of the teacher's file to be made available for any other reason deemed appropriate by the teacher.
3. A record shall be maintained within the file of each teacher of the names of each person who has accessed the file and the date on which the access to the file was made.
32:02 Only information that has been entered into the Official Personal Record File in accordance with the provisions of this agreement may be used against the teacher in cases of discipline, suspension, and/or dismissal.
32:03 (a) Before any evaluation report is entered in the teacher's Official Personal Record File, the teacher will acknowledge that he/she has had the opportunity to review such evaluation by signing the copy to be filed, with the expressed understanding that his/her signature does not necessarily indicate agreement with the contents. The teacher will be permitted to attach his/her comments related to the evaluation report.
(b) Notwithstanding 32:03 (a), in the event a teacher refuses to sign an evaluation report, the superintendent may enter the report in the teacher's Official Personal Record File if a witness signs a document attesting to the fact that the teacher has had the opportunity to review the report and has refused to sign the report.
32:04 (a) No comment, note, or report shall be entered in the teacher's Official Personal Record File without the teacher's acknowledgement as set forth in Section 32:03 and until such time as the teacher has received a copy of said comment, note or report.
(b) A teacher may enter any comment, note or report in his/her personal record file upon submission of a written request to the Employer.
32:05 Upon termination of employment, the teacher's Official Personal Record File will remain the property of the Employer; however, documents or copies of same contained in the file may be released to a third party only with the written consent of the teacher. In the case where a teacher permanently transfers from one Employer to another Employer, both parties to this agreement, the personnel file shall be transferred to the new Employer.
32:06 Any unfavorable material as provided in 32:03 and 32:04 shall be entered in the teacher's Official Personal Record File in a temporary manner and shall be removed from the file after the material has been on file for four (4) years in the case of material of a disciplinary nature and for three (3) years in the case of material of a non-disciplinary nature. In the event that material entered into the file is similar to any unfavorable material already in the file, the material first entered shall remain in the file for four (4) years from the date of entry of the new material. Any unfavorable material may be removed from the file after a lesser period of time if, in the opinion of the Employer, the teacher's performance warrants same.
32:07 A teacher may invoke the grievance procedures in the manner provided by Section 42 respecting any dispute arising from the contents of his/her Official Personal Record File.
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