1999-05 Collective Bargaining Agreement
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ARTICLE 37 - CORRECTIVE EVALUATIONS

37.1 Corrective Evaluations. Corrective Evaluations shall be the response to indications of performance deficiencies requiring significant intervention. Their outcome shall be a clarification of the validity of indications of performance deficiencies, a clarification of performance expectations, and/or an improvement plan if indicated by the evaluation.

37.1 Corrective Evaluation Principles. Corrective Evaluations may be implemented at any time during an academic year. All such evaluations shall be developed within the following principles:

a) Due Process. The investigation of performance and/or behavioral problems will be conducted using full due process.

b) Thorough. Any resulting improvement plan will clearly state expectations, timelines, and consequences of failure and success.

c) Inclusive. The Corrective Evaluation and correction process will have, as its primary objective, the employment of the individual. Therefore, the College will provide reasonable resources in support of the Corrective Evaluation improvement plan.

d) Respectful. All matters dealing with corrective evaluations will be conducted in such a way as to preserve the dignity of the individual involved, subject to the requirements of this Agreement.

e) Timely. Corrective Evaluations will be conducted as soon as possible following the receipt of sufficient information regarding performance and/or behavioral problems. Decisions of non-renewal for probationary employees, based on failure to satisfy the objectives of the Improvement Plan, must be made prior to March 1.

f) Consistent. Investigations, Corrective Evaluations and improvement plans will be conducted within these guidelines.

g) Union Participation. The LCCEA will be expected to participate actively in all phases of the Corrective Evaluation process with the concurrence of the employee being evaluated, and be timely informed of the occurrence and results of every step, in any case.

h) Discipline and Non-Renewal. Recommendations regarding discipline or non-renewal coming from this evaluation shall be appropriately based on the level of conformance to the performance expectations specified in the Improvement Plan.

37.2 Corrective Evaluation Procedures


Step 1. Initiation.
The appropriate vice-president or manager will initiate the Corrective Evaluation process when he/she is made aware of allegations of deficient performance that requires significant intervention. The manager will prepare a statement of the allegations and a statement of the scope of further inquiry, which will closely correspond to the specific allegations of poor performance. The employee will be informed of the initiation of this process and of his/her right to representation, and will be given a copy of the statement.

Step 2. Planning The Investigation. Following a reasonable preparation time for the employee, the manager and the employee will meet to discuss the details of the allegation of poor performance, and the scope of further inquiry, including kinds and sources of data required for the inquiry, and the manner in which the data will be collected and analyzed. The results of this meeting will be reduced to writing. This meeting will be scheduled with at least one-week prior notice.

Step 3. Working With The Data. Following receipt of the data, the manager and employee will meet to clarify any questions concerning the data and engage in an evaluation/developmental discussion. The intent of this discussion will be to identify strengths and weaknesses in the employee' s performance that fall within the scope of the inquiry, to suggest ways to enhance the employee' s performance, and discuss any constraints faced by the employee and ways to remove such constraints.

Step 4. Conclusions. The results of this evaluation conference shall be reduced to writing and shall include statements of confirmed poor performance with attendant performance expectations and statements of exoneration for allegations that were not confirmed by the findings. Upon request of either the employee or the manager, a mutually acceptable third person may be selected to help interpret the data.

Step 5. Employee Response. The employee shall be provided a written copy of the results of the evaluation conference and shall be afforded the opportunity to respond in writing; or, if the employee submits a timely request, he/she will be granted a second evaluation conference. If the employee chooses to respond, then he/she will be provided a reasonable time to do so. The response will be attached to the evaluation prior to the time that it is placed in the personnel file. In either event, the employee agrees to sign the evaluation.

Step 6. Improvement Plan. If following the Corrective Evaluation, the College determines that the performance of an employee is substandard, an improvement plan will be developed to provide an opportunity and support for the employee to improve his/her performance. The improvement plan will include:

a. Measurable outcomes of improvement;
b. Reasonable timelines for success;
c. List of types of assistance that will be provided by the College;
d. Support and direction by the immediate supervisor;
e. Schedule of frequent conferences with written progress reports.

Following complete implementation of the improvement plan, the employee's supervisor shall prepare a summary of performance and a recommendation regarding retention, which shall be placed in the employee's personnel file.

Note: Due to the potential for discipline arising from the Corrective Evaluation process, the LCCEA will be timely informed of the meetings and results of the various steps. The employee retains the discretion as to whether representation is present in the meetings. If a LCCEA representative plans to attend a meeting, he/she shall so notify the division manager at least two working days prior to the meeting, or as close as possible to at least two working days notice.