Derogatory Material Clause Samples
The Derogatory Material clause prohibits parties from making or distributing statements, content, or materials that could harm the reputation or image of the other party. In practice, this clause typically applies to public communications, social media posts, or published materials, and may require parties to refrain from negative comments about each other during and after the contractual relationship. Its core function is to protect the parties from reputational damage and maintain a positive public perception, thereby reducing the risk of harm caused by disparaging remarks.
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Derogatory Material. No material derogatory to an employee’s conduct, service, character, performance or personality shall be placed in the employee’s personnel file unless the employee has been provided a copy and had the prior opportunity to review the material. The employee shall acknowledge that they had the opportunity to review such material by affixing their signature to the copy to be filed with the expressed understanding that such signature in no way indicates agreement with the contents thereof. The employee shall also have the right to submit a written answer to such materials and their answer shall be reviewed by the Administrator or the Administrator’s designee and attached to the file copy.
Derogatory Material. No material derogatory to a teacher's conduct, service, character, or personality, including a negative evaluation or classroom observation report, shall be placed in his personal file unless the teacher has an opportunity to review such material. The teacher shall acknowledge that he has had the opportunity to review such material by affixing his signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written answer to such material and have it attached to the file copy.
Derogatory Material. No material derogatory to an employee's conduct, service, character, or personality shall be placed in his/her personnel file unless the employee has had the opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. If the employee fails to sign the material within ten (10) days of the employee's receipt of such material for review, the material will be placed in the file noting that the ten (10) day limit for signature had expired. The employee also shall have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent or his/her designee and attached to the file copy.
Derogatory Material. Any material placed in the employee’s file which is derogatory to the employee shall be filed with proof that the employee has had an opportunity to read and to receive a copy of the material. The employee shall have the right to file a written rebuttal within thirty (30) days of receipt of any such derogatory material placed in the employee’s Personnel File.
Derogatory Material. 1. Information of a derogatory nature shall be discussed in a timely manner with the affected employee. The supervisor and the employee may involve other personnel as appropriate in the discussion of that material. Such material cannot be used as the basis for disciplinary action or for a negative evaluation until such communication takes place.
2. Information of a derogatory nature shall be entered into an employee’s file only if the employee has been given timely notice and an opportunity to review and discuss the information, documents, materials, or events with his/her immediate supervisor.
3. Either the supervisor or the employee may request a meeting with all interested and/or involved parties. At his/her option, the employee may bring a person/persons to the meeting with him/her to represent and/or to protect his/her interests.
4. The purpose of the meeting shall be to fully review all of the circumstances and to afford the employee an opportunity to discuss the derogatory information with his/her supervisor.
5. If the supervisor chooses to place the derogatory information in the employee’s personnel file, he/she shall follow standard evaluation procedures which include and require giving the employee ten (10) days to respond, rebut or comment on the materials before they are placed in his/her personnel file. Timelines may be extended by mutual agreement. FACTOR CHECK LIST DEFINITIONS AND GUIDES FOR USE Employee performance factors are defined below and suggested guidelines are provided. Each factor should be checked in relation to the individual employee’s duties and the amount of responsibilities. The degree of importance in each factor will vary according to the requirements of each employee’s job. For example, “Pupil Contact” may be of crucial importance in one position and relatively insignificant to another.
Derogatory Material. 4.2.1 Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereof. An employee receiving a derogatory document may request within ten (10) work days of receipt of the document, that the Superintendent, and his/her designee, schedule a meeting which may include the following:
a. The Superintendent and/or his/her designee.
b. The administrator or Supervisor who wrote the document.
c. The employee receiving the derogatory document.
d. A representative chosen by the employee.
4.2.2 The purpose of this meeting is to review the circumstances surrounding the issuance of the derogatory document. The employee shall be afforded the opportunity to refute the derogatory document or to seek a compromise with the administrator or supervisor who wrote the document in an effort to keep such material from becoming a part of his/her personnel file. After the review process, if the administrator or supervisor chooses to enter such a document(s) into the personnel file, he/she shall notify the unit member of his/her decision, in writing, within five (5) work days after the meeting.
4.2.3 When a unit member receives a copy of any material of a derogatory nature which is going to be placed in his/her District Personnel File, the unit member shall have the right to enter, and have attached to any such derogatory statement, his/her own comments thereon, provided such comments are presented for filing within fifteen (15) work days after notice from the administrator or supervisor. Extension of this timeline may be granted by mutual agreement between the employee and the District.
Derogatory Material. Any derogatory material not shown to an employee within ten (10) school days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. Any derogatory material shall be accompanied by a signed statement by the administrator placing the material in the file.
Derogatory Material. No derogatory material, except for material that relates to student health and/or safety, shall remain in an employee's personnel file or supervising administrator’s working file (as defined below) for more than a combined total of three (3) years from the date of entry unless a continuation of the same type of problem is shown in the file within that three (3)-year period. It will be the responsibility of the employee to request the removal of any such material.
Derogatory Material. No material derogatory to an employee's conduct, service, character, or personality or any material which could have an adverse effect on an employee's status shall be placed in his personnel file unless the employee has had an opportunity to review the material. The employee shall acknowledge that he has had the opportunity to review such material by affixing his signature to the copy to be filed with the express understanding that such signature in no way indicated agreement with the contents thereof. The employee shall also have the right to submit a written answer to such material and his answer shall be reviewed by the Superintendent or his designee and attached to the file copy.
Derogatory Material. Employees shall be provided with copies of any derogatory material before it is placed in the employee's personnel file. The date material is placed in an employee's file shall be noted on the material.