ARTICLE 35 ACCESS TO INFORMATION
35.01 Human Resources Files Access
The only recognized personnel file of a teacher shall be
maintained in the Human Resources department of the Board. A
teacher shall have access during normal business hours, or such
other times as may be arranged, to the personnel file and records
that relate to the teacher. Such access shall be granted upon
reasonable prior notice and in the presence of a supervisory
officer or other person(s) designated by the Director of
Education.
35.02
A teacher shall receive a copy of any documentation placed in
his/her file which contains information which may be detrimental to
the teacher.
35.03
If a teacher disputes the accuracy or completeness of any
information in his/her personnel file, the teacher may make
application in writing to the Director of Education or designate to
have the information corrected. The Board shall notify the
teacher in writing of its decision including reasons for that
decision. A teacher shall be entitled to dispute documents
contained in the personnel file and to append notices of
corrections to documents within the file which, in the teacher's
opinion, contain errors or inaccuracies.
35.04
When a teacher authorizes in writing access to his/her personnel
file by another person acting on the teacher's behalf, the Board
shall provide such access, as well as copies of materials contained
therein, if also authorized and requested. Access shall be
provided on the same basis as Article 35.01 herein.
35.05
A teacher shall have the right to place any relevant material in
his/her personnel file.
35.06
The signature of a teacher on any document respecting the
performance or conduct of that teacher shall be deemed to be
evidence only of the receipt thereof and shall not be construed as
approval of, consent to, or agreement with the contents.
35.07
When the Board amends information in the personnel file, the Board shall at the request of the teacher attempt to notify all persons who received a report based on inaccurate information.
35.08 Disciplinary Notations
Upon a teacher's request, the Board shall remove all record of disciplinary action from a teacher's file after five (5) years (excluding leaves) if there has been no disciplinary action in the interim. However, any such document which is required to be retained by statute and any discipline concerning abuse (including sexual or physical misconduct) may be retained by the Board in a separate, sealed file but shall not be further relied upon unless required by law.
35.09 Working Files
Working files in the school shall be reviewed from time to time
by the Principal with the teacher. Upon request, a teacher
may seek to review the working file for that teacher
annually. A teacher is entitled to receive a copy of any
documentation placed in his/her file which contains information
which may be detrimental to the teacher.
35.10 Access to and disclosure of any personal
information on a teacher shall be governed by the provisions of the
Municipal Freedom of Information and Protection of Privacy Act.
