A. All information relating to an Employee shall be kept in an official personnel file located in the appropriate Business Office. Copies from this file may be provided to Campus or College Office staff on a "need-to-know" basis. Access to personnel files will normally be limited to direct line of Supervision, Business Office, Payroll, and College Office Employee Relations personnel.
1. A chronological record of materials included in or removed from the personnel file shall be attached to the file folder of each individual file. This record shall indicate the person(s) responsible for permanent inclusion or removal of the item and the date(s). This chronological record of materials shall not include such routine documents as the A-1 form used to record salary adjustments and routine personnel actions. Material placed in the file after the effective date of this Agreement and not so recorded in the chronological record may not be used against the Employee.
2. Personnel files will be available to Employees on their free (non-scheduled) time during normal business hours and access will not be unreasonably denied. However, during times of peak work load, Employees may be asked to return at another time or make an appointment but in no case shall access be postponed for more than two (2) work days after the initial request.
B. No material concerning an Employee's conduct, service, character or personality shall be placed in the official file of such Employee unless:
1. It is authorized for placement by someone in the Employee's direct line of supervision.
2. It is signed by the author of such material who is a person having direct knowledge of the facts written therein or who has conducted an investigation to ascertain knowledge based on allegations of which he/she had no direct knowledge.
3. The Employee is given an opportunity to read the material promptly but in no case more than thirty (30) days from the incident or the reported date of the incident, whichever is later.
4. Copies of such documents are forwarded to the Employee, by certified mail, at the most recent home address on file.
5. Any material not so treated shall be given no weight or consideration for any purpose whatsoever and at the Employee's request shall be removed from the file.
C. An Employee shall have the right to answer any material now in her/his file as well as any material filed hereafter, and her/his answer shall be attached to the file copy with a copy sent to the immediate supervisor.
D. An Employee shall have the right to examine her/his file and shall, upon her/his request, be given copies of any material in her/his file except for confidential recommendations received in connection with her/his original appointment at the College.
E. Administrators should place in the Employee's file information of a positive nature, including special competencies, achievements, recognitions, performances, or contributions of an academic nature. Employees shall have the right to provide or request that such documents be placed in the file and such requests shall not be unreasonably denied.
F. Material not in the official file shall not be used against the Employee for any reason. This shall not preclude the taking of disciplinary action against an Employee for reasons unrelated to Appendix B (Evaluation Procedures) and based on information which has been obtained reasonably prior to such disciplinary action and which has not yet been placed in her/his file; further, materials containing information which should have reasonably been shown to the Employee in order to encourage remediation shall not be the basis for disciplinary action.
G. The Employee may challenge any material in her/his file through the grievance procedure and, if the challenge is sustained, the material shall be removed from the file
H. An Employee may request to have materials removed from her/his personnel file after a period of one (1) year of placement of said materials. The Employee will make this request in writing to the Campus’s chief executive officer. This request will not be unreasonably denied. Copies of this request will be sent by the Employee to the Employee's Reporting Structure (chain of command), the material's author, and the appropriate Union Representatives. The Campus’schief executive officerwill notify the Employee in writing, stating why the Employee's request was denied, within ten (10) working days. The College will remove all materials approved within fifteen (15) working days.