Common use of Formal Warning Clause in Contracts

Formal Warning. A formal warning will involve both a discussion with the teacher and an official memorandum from the Principal or Superintendent to the teacher, with a copy for the teacher's official personnel file. The teacher will have the option of having an Association representative or other advisor present when the Principal or Superintendent issues a formal warning. The teacher normally will be given 48 hours notice of the meeting, but it may be held sooner upon mutual agreement of the teacher and Principal, or due to the urgency of the issue or scheduling conflicts that would otherwise delay the meeting beyond a calendar week. The written warning will inform the teacher that he is entitled to have an Association representative or other advisor involved at every stage of the corrective action process, and that, at the request of the teacher, any written documents (including e-mail) related to the process will be given or sent simultaneously to the teacher and his designated representative or advisor. Both the discussion and written warning normally will refer to one or more specific previous oral discussions, will be sufficiently detailed so as to let the teacher know how he has failed to meet the required standards and will suggest, if appropriate, a course of action to improve the condition as well as a time period to be allowed for the resolution of the problem. Depending on the nature of the problem, the recommended course of action may include the implementation of a formal Improvement Plan, described further below. The teacher will have the opportunity to respond fully at the meeting to any information presented as part of the warning. The discussion and written warning will also notify the teacher that failure to meet the requirements of the warning may result in suspension, dismissal, non-renewal of contract, or other action. The warning notice will include space for the teacher's comments, and will contain the teacher's signature, indicating only that he has received and read a copy of the warning notice, and has been given the opportunity to attach a response.