Article 12 – Evaluation File

12.1 Policy.

(a) There will be one (1) master evaluation file containing a dated copy of each document used in the evaluation process. A separate evaluation file may be compiled for tenure or promotion, provided that everything in the separate file will also be in the master file, except for letters of recommendation to which the candidate has waived access in writing.

(b) When evaluations and other personnel decisions are made, other than for tenure or promotion, the only documents which may be used are those contained in the master evaluation file.

(c) The custodian of the file will place such documents in the evaluation file within a reasonable time after receiving them.

(d) Faculty will be notified of the location of the evaluation file and the identity of the custodian.

12.2 Access.

(a) A faculty member may examine his or her master evaluation file and promotion and tenure files, upon reasonable advance notice, during the regular business hours of the department office under such conditions as are necessary to ensure its integrity and safekeeping. Faculty will not be denied such access.

(b) The faculty member may paginate with successive whole numbers the materials in the file.

(c) The faculty member may attach a concise statement in response to any item in the faculty member’s evaluation file.

(d) Upon request, the faculty member is entitled to one (1) free copy of any material in the evaluation file. Additional copies may be obtained by the faculty member upon the payment of a reasonable fee for photocopying.

(e) A person designated by the faculty member may examine that faculty member’s evaluation file with the written authorization of the faculty member concerned, and subject to the same limitations on access that are applicable to the faculty member.

12.3 Indemnification. The UFF agrees to indemnify and hold the Board, its officials, agents, and representatives, harmless from and against any and all liability for any improper, illegal, or unauthorized use by the UFF of information contained in such evaluation files.

12.4 Use of Evaluative Materials. In the event a grievance is filed, the Board, UFF grievance representatives, the arbitrator, and the grievant will have the right to use, in the grievance proceedings, copies of materials from the grievant’s evaluation file.

12.5 Anonymous Material. There will be no anonymous material in the master evaluation file or promotion and tenure files except as provided in section 12.6.

12.6 Use of Student Evaluations. Numerical ratings and narrative comments from student evaluations are a regular part of the evaluation procedure for classroom instruction. All student evaluations will be included in the master evaluation file and tenure and promotion files from Fall 2010 forward. Prior to Fall 2010, inclusion of narrative comments was optional.

12.7 Removal of Contents.

(a) Materials will be removed from the master evaluation file if shown to be contrary to fact, and materials may also be removed pursuant to the resolution of a grievance.

(b) This section does not authorize the removal of materials from the evaluation file based on a dispute concerning a matter of judgment or opinion rather than fact.

(c) Materials removed from the faculty member’s master evaluation file, pursuant to this section, will be placed in a sealed file marked with the faculty member’s name. This sealed file will be accessed only by the faculty member or by the University for legitimate investigative purposes. The material removed from the file will not be used to evaluate the faculty member. If material is accessed for investigative purposes, it will be returned as quickly as possible after the investigation is completed and a finding has been rendered, and the file will then be re-sealed.

12.8 Limited Access to Faculty Evaluation Files.

(a) Information in the master file reflecting evaluation of faculty performance will be available for inspection only by the faculty member, the faculty member’s representative, University and Board officials who use the information in carrying out their responsibilities, and arbitrators or others engaged by the parties to resolve disputes, or as required by law or by court order.

(b) Such limited access status will not apply to summary data, by course, for the common “core” items contained in student course evaluations, which have been selected as such by the Board and made available by the University to the public on a regular basis.