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Due Process

 

CTA believes an adequate probationary period is necessary and no dismissal action should be initiated unless the bargaining unit member has been informed of his/her alleged deficiencies and given time and assistance for their correction. 

CTA believes in the instances where substitute teachers are represented by their local Association, the dismissal process shall be followed. CTA believes, in such cases, substitute teachers have just cause in disciplinary cases.

Whatever the specifics of the format for due process (permanent status) protection, the following criteria must be present to guarantee fair procedures. As such, these criteria will form a base for consideration of alternative formats, and for the evaluation of proposals from all sources regarding revision of existing due process (permanent status) laws in dismissal actions: 

1. Bargaining unit members must have access to a hearing of charges, evidence, and presentation of defense before an impartial, objective, “third-party” source. 

2. The conclusions and recommendations of such hearings, with right of appeal, must be binding on all parties in the proceeding. 

3. Rules of evidence in administrative proceedings must be the same as those utilized in civil actions. 

4. The proceedings and resulting conclusions and recommendations must reflect the participation of professional peers in the process. 

5. Dismissal proceedings must be based upon sound procedures, which would include: 

A. Clear definition of standards of performance and of criteria upon which those standards will be judged. Student performance on standardized tests shall not be considered valid criteria. These standards and criteria shall be mutually agreed upon by the evaluatee and evaluator. 

B. Early notification to the bargaining unit member of alleged deficiencies. 

C. Opportunity, including time and assistance from district sources, to correct alleged deficiencies before dismissal action is taken. 

6. It is the responsibility of the professional organization to protect the due process rights of its members. 

A. CTA members who are selected to serve on Professional Competency Commissions should be willing and able to ensure that the legitimate rights of the certificated employee defendant are of service. 

B. CTA shall establish criteria to guide certificated employees in the selection of their representative on Professional Competency Commissions. 

C. CTA shall provide training and assistance so that the certificated employee representative on Professional Competency Commissions will effectively carry out the objectives cited in item (a) of these principles. 

(TEAF: January 1979, June 1984, October 1992, June 2001, May 2005, October 2007; PRR: June 2012)

Every child deserves a chance to learn and no child succeeds alone.

© 1999- California Teachers Association