San Joaquin Delta College
EMPLOYEE RIGHTS4.1 Personnel Files As used in this article a day (unless denoted otherwise) is any day the College's administrative offices are open for business.
4.1.1 The personnel file of each employee shall be held confidential and be maintained at the District's Office of Human Resources. Any material, which is used by the District to take action affecting the status of an employee's continued employment must be in the personnel file. Any files kept by an immediate supervisor of any employee shall not contain any material that is not in the main personnel file that would serve as a basis for affecting the status of said employee's continued employment.
4.1.2 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 thereon. The employee shall be given reasonable release time during normal working hours and without loss of pay to initial and date the material and to prepare a written response to such within ten (10) days. The written response shall be attached to the material.
4.1.3 An employee shall have the right at any reasonable time, to examine and/or obtain copies of any material from the employee's personnel file. Reasonable release time, without loss of pay, will be provided for this purpose. Such material is not to include ratings, reports, or records which were (1) obtained prior to the employment of the employee involved, (2) were prepared by identifiable screening committee members, or (3) were obtained in connection with a promotional examination.
4.1.4 All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the employee. The District shall keep a log indicating the persons (other than persons whose duty it is to maintain the files) who have examined a personnel file, as well as the date such examinations were made. Such log and the employee's personnel file shall be available for examination by the employee or the employee's CSEA representative, if authorized in writing by the employee. The log shall be maintained in the employee's personnel file.
4.1.5 Any person who places written material or drafts written material for placement in an employee's file shall sign the material and signify the date on which such material was drafted. Any written materials placed in a personnel file shall indicate the date of such placement.
4.1.6 No disciplinary action shall be taken for any cause which arose prior to the employee's becoming permanent, nor for any cause which arose more than two years preceding the date of the filing of the notice of cause unless such cause was concealed or not disclosed by such employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district. (Ed. Code 88013, 87031)
4.2 Evaluation No evaluation of any employee shall be placed in any personnel file without an opportunity for discussion between the employee and the evaluator. No evaluation shall be made based solely upon rumor, gossip or hearsay. Negative evaluations shall include specific recommendations for improvement and reasonable provisions for assisting the employee in implementing any recommendations.
4.2.1 Every permanent classified employee shall be evaluated at least once each year by the employee's immediate manager. (If this requires the immediate supervisor to work or observe during unusual hours, then the supervisorial manager shall observe during those hours.) The District will provide the employee with recommendations for improvement.
4.2.2 If the employee being evaluated feels that the evaluation is not accurate or fair in its findings and recommendation, the employee may attach a letter of explanation of those items in dispute within ten (10) days. A Self-Evaluation form is available for the employee to submit as an attachment form and will be included in the personnel file.
4.2.3 Employees are required to sign all formal written evaluations. It is understood that in signing the evaluation form, the employee acknowledges having seen and discussed the employee's report. The employee's signature does not necessarily imply agreement with the conclusions of the supervisor. If the employee so desires, the employee may attach a written statement. Employees are to receive a copy of their evaluations and the original is to be placed in the employee's personnel file.
4.3 Probationary Period and Permanent Status Classified employees shall be designated as permanent employees of the District after completing a probationary period.
4.3.1 The normal probationary period shall be eight (8) months. The Director of Human Resources and Affirmative Action, after consultation with the President of the CSEA, may for specific reasons disclosed to the CSEA authorize a shorter probationary period of no less than six (6) months or a longer probationary period of no greater than twelve (12) months. The determination of the length of the probationary period, above or below the normal eight (8) months, for any individual shall not be based upon the classification of the individual probationary employee but only upon the nature of the extraordinary circumstances which led to the request for exception from the normal probationary period. The intent is for the probationary period to remain eight (8) months with only rare and exceptional deviations from that period permitted.
4.3.2 Every probationary employee shall be evaluated by the employee's immediate supervisor, in writing, during the probationary period as follows:
22.214.171.124 The first written evaluation shall be completed and discussed, with a written copy of the evaluation given to the probationary employee, by the end of the fourth month of the probationary period.
126.96.36.199 A second written evaluation shall be completed and discussed, with a written copy of the evaluation given to the probationary employee, by the end of the seventh month of the probationary period (if the probationary period has not ended before that time).
188.8.131.52 A third written evaluation shall be completed and discussed, with a written copy of the evaluation given to the probationary employee, by the end of the eleventh month of the probationary period (if the probationary period has not ended before that time).