Handling Conflict & Mistreatment
The SCEA
Don't Wait
Don't let things fester too long.
No matter how legitimate the grievance may be or how "right" the employee is, if the time limit provision of the grievance procedure has expired, they may be denied the right to file a grievance. The employee should try anyway. Some districts allow grievances to be filed late. Don't ask; just file it.
Very often employees reach the end of the school year and decide to let things go. The summer is waiting they are tired, and it's easier to jest set it aside. When school starts, the employee realizes that "it" hasn't done away and decides to file a grievance. However, the deadline to file a grievance on that issue expired and the employee is forced to wait until something happens again. These situations rarely go away on their own.
Even with general laws, there is a statute of limitations. Likewise, with a grievance there are time limitations. Consequently, if you feel you hae a grievance, it is best to state right away. The first step is a simple oral discussion with a supervisor or someone in charge. That disucssion will help you determine the validity of the complaint so you know wheather filiing a grievance is appropriate.
Be sure you are well informed about the grievance procedure. If you are in doubt, contact The SCEA. The earlier you involve you Union, the more can be done for you.
Very often employees reach the end of the school year and decide to let things go. The summer is waiting they are tired, and it's easier to jest set it aside. When school starts, the employee realizes that "it" hasn't done away and decides to file a grievance. However, the deadline to file a grievance on that issue expired and the employee is forced to wait until something happens again. These situations rarely go away on their own.
Even with general laws, there is a statute of limitations. Likewise, with a grievance there are time limitations. Consequently, if you feel you hae a grievance, it is best to state right away. The first step is a simple oral discussion with a supervisor or someone in charge. That disucssion will help you determine the validity of the complaint so you know wheather filiing a grievance is appropriate.
Be sure you are well informed about the grievance procedure. If you are in doubt, contact The SCEA. The earlier you involve you Union, the more can be done for you.
Stress-reduction and Well-being Through Mindfulness-based Practices
Comply First
Comply with the directive given, address the issue later.
One of the biggest problems employees face is the question of what to do if ordered to do something they feel is inappropriate. Should the employee refuse to carry out the order?
Principals/administrators are quick to accuse an employee of insubordination in these instances and insubordination is often misused. Generally speaking, the employee should do as ordered. If they believe the directive violates School Board policy or individual rights, the professional action is to discuss it with the principal or administrator who gave the directive.
If this discussion does not resolve the situation, the employee should inform the principal of their intent to file a grievance and carry out the directive as ordered.
Sometimes this rule of "comply first - then grieve" can cause a problem. For example, the principal may say, "I promise, I'll never do it again. I was wrong." However, if the employee was harmed in some way, their apology is too little too late, and the adverse impact of their decision must be addressed.
CAUTION: If a principal or administrator orders you to do something which could cause injury (i.e. searching lockers for bombs), you should refuse to carry out the order without fear of being insubordinate.
Principals/administrators are quick to accuse an employee of insubordination in these instances and insubordination is often misused. Generally speaking, the employee should do as ordered. If they believe the directive violates School Board policy or individual rights, the professional action is to discuss it with the principal or administrator who gave the directive.
If this discussion does not resolve the situation, the employee should inform the principal of their intent to file a grievance and carry out the directive as ordered.
Sometimes this rule of "comply first - then grieve" can cause a problem. For example, the principal may say, "I promise, I'll never do it again. I was wrong." However, if the employee was harmed in some way, their apology is too little too late, and the adverse impact of their decision must be addressed.
CAUTION: If a principal or administrator orders you to do something which could cause injury (i.e. searching lockers for bombs), you should refuse to carry out the order without fear of being insubordinate.
Document, Document, Document
Keep everything and document.
Time after time when an employee is dismissed or files a grievance, The SCEA or attorney has trouble getting the needed information because the employee failed to keep documentation and records. A general rule is DON'T THROW ANYTHING AWAY and store important work notes on a flash drive.
Of special importance are notes and emails from the principal, KEEP THEM! If you are placed on administrative leave or suspended, you will not have access to your school email, and this will happen with no advance notice or warning.
Of special importance are notes and emails from the principal, KEEP THEM! If you are placed on administrative leave or suspended, you will not have access to your school email, and this will happen with no advance notice or warning.
You are a Professional
Keep your cool and be a professional.
Sometimes the world gets to be too much. The pressure of dealing with students can get to you. On top of a really bad day, your colleague manages to do something which rubs you the wrong way. When the principal mentions to you that he feels you should have handled the situation differently, that really tops it off. There is a real temptation to "to tell him off".
While it may be hard to resist telling off your administrator or supervisor, it is not a good idea. Most situations look better the next day, so sleep on it. Try to get away so that it is not always on your mind. Remember, life does not begin and end at "Your Junior High". Strive to maintain a balance.
Administrators and School Board members generally take a dim view of bickering between employees and usually give management a rather free hand in addressing these situations. They will not tolerate behavior they believe is abusive or disrespectful towards your administrator or supervisor. Although you may be under emotional stress, you must remain in control.
When tempted to give your administrator or supervisor a piece of your mind, it is a good idea to think carefully and express yourself in a professional manner.
While it may be hard to resist telling off your administrator or supervisor, it is not a good idea. Most situations look better the next day, so sleep on it. Try to get away so that it is not always on your mind. Remember, life does not begin and end at "Your Junior High". Strive to maintain a balance.
Administrators and School Board members generally take a dim view of bickering between employees and usually give management a rather free hand in addressing these situations. They will not tolerate behavior they believe is abusive or disrespectful towards your administrator or supervisor. Although you may be under emotional stress, you must remain in control.
When tempted to give your administrator or supervisor a piece of your mind, it is a good idea to think carefully and express yourself in a professional manner.
Mindshifting: Growth Mindset and Critical Thinking for Impactful Educators
Educate Yourself
Ignorance is no excuse.
Along with all employment situations there are rules which the employees are expected to follow. These are found in documents such as your school district's Board Policy Manual, Personal Handbook, etc. The district expects employees read and be familiar with these documents. Moreover, it's in your best interest to know what to expect.
If you are reprimanded for violation of a rule, be sure that you had ample opportunity to know what the rule was. It's not fair, and the principal won't be supported, if you didn't have adequate notification of the rule. On the other hand, simple ignorance is rarely accepted as an excuse.
If you are reprimanded for violation of a rule, be sure that you had ample opportunity to know what the rule was. It's not fair, and the principal won't be supported, if you didn't have adequate notification of the rule. On the other hand, simple ignorance is rarely accepted as an excuse.
Understand Insubordination
Insubordination is an unwillingness to submit to authority.
Administration is expected to exert leadership and direct the instructional operations. Your administrator and/or supervisor have the right to issue reasonable orders and directives so long as they conform to the policies. The orders or directives should be clear and unambiguous, applied uniformly, justly administered, and not injurious to your health.
If you think the principal has given an order which violates a rule, policy, or a law, the best advice is to do as asked to the extent possible and necessary while pursuing those remedies avaible to you - namely, filing a grievance and/or suit. One order you don't have to carry out is one which could reasonably result in injury to physical health or safety. In such cases, you are not insubordinate. You will find legal references to this on the OSHA website at www.osha.gov.
Insubordination is often misused as a reaction to a difference of opinion. You are entitled to disagree; but if you disobey, you may be guilty of insubordination.
If you think the principal has given an order which violates a rule, policy, or a law, the best advice is to do as asked to the extent possible and necessary while pursuing those remedies avaible to you - namely, filing a grievance and/or suit. One order you don't have to carry out is one which could reasonably result in injury to physical health or safety. In such cases, you are not insubordinate. You will find legal references to this on the OSHA website at www.osha.gov.
Insubordination is often misused as a reaction to a difference of opinion. You are entitled to disagree; but if you disobey, you may be guilty of insubordination.
Ethics
Little lies can become big problems.
Principals and supervisors may ask employees questions which have direct bearing upon their employment status. On those occasions, a little lie can get out of control.
An example is a case where an employee misused sick leave by misrepresenting the real reason for the absence. In other words, the employee calls in sick and uses the day for another reason.
Another instance when a little lie can catch you is when discussing your grievance or situation with The SCEA staff or attorney. Withholding accurate information from The SCEA is not a good idea.
Some employees are not "blessed" with a principal or supervisor who consistently uses progressive discipline. When things start going wrong you should look for:
An example is a case where an employee misused sick leave by misrepresenting the real reason for the absence. In other words, the employee calls in sick and uses the day for another reason.
Another instance when a little lie can catch you is when discussing your grievance or situation with The SCEA staff or attorney. Withholding accurate information from The SCEA is not a good idea.
Some employees are not "blessed" with a principal or supervisor who consistently uses progressive discipline. When things start going wrong you should look for:
- A dramatic change in the principal's attitude towards you.
- A series of closely connected reprimands for seemingly petty things.
- A "Big Brother's watching you" atmosphere. You should:
-Try to determine the reason. It may be a simple misunderstanding.
- You can request representation if you are called in for a conference. Contact The SCEA.
-Grieve disciplinary action which is questionable. Keep all of the appropriate people informed. Refer to and properly use the grievance procedure.
Reasonable Discipline
Progressive discipline is common practice in the workplace.
"Progressive discipline" generally consists of a series of steps that begin with a verbal warning and could end with termination. To illustrate this, let's suppose the problem is chronic tardiness - the employee is often late arriving to school. Progressive discipline could look like this:
- Verbal Reprimand. Generally, this will take the form of a quiet word from the principal. You should assume they have kept notes and have documentation.
- Written Reprimand. This occurs when the administrator believes the verbal warning didn't change anything. Sometimes, principals will begin at this step, and deny the employee the opportunity to have a verbal warning first. The warning is now in writing and is filed in the employee's personnel file to create a permanent record. This could be in the school file or the district file.
- Improvement Plan, Action Plan, PGP or move from GBE R&D to GBE Competency Building. Learn more at https://ed.sc.gov/educators/educator-effectiveness
- Administrative Leave with Pay. This action is often taken when a parent or student files a complaint or the employee does something that makes the principal very angry. The employee sits at home, drawing salary and benefits, while the situation is investigated.
- Recommendation for Termination. All of the above assumes that each step of the procedure is for the same violation. The same or substantially the same procedure applies to any violation. The appropriate procedure for the employee or employees is to correct the behavior immediately.
The SC Teacher Employment Dismissal Act provides rights to employees and other instructional personnel who are defined as "employees", and principals/districts must follow those guidelines.
CAUTION: No one likes to be on the receiving end of disciplinary action. How the school employee responds to this action will be remembered and probably documented.
Keeping calm and in control is critical to The SCEA's ability to address what happened. Before making phone calls or taking action, call The SCEA. There is NO action a district can take, that The SCEA cannot address, unless the employee resigns.
Keeping calm and in control is critical to The SCEA's ability to address what happened. Before making phone calls or taking action, call The SCEA. There is NO action a district can take, that The SCEA cannot address, unless the employee resigns.
"I'm a Good Employee"
I work hard and now I'm being disciplined.
Some schools and school districts follow proper procedures when informally or formally evaluating employees. Others misuse the process to force out employees or cause them duress and embarrassment.
What does an employee do if they are mistreated?
Do NOT lost your temper. It may be shocking to learn that the principal or observer/evaluator feels that you are not a goof employee.
Ask questions and seek to understand the observer's comments, especially when you do not see clear evidence to support the ratings you received. You cannot improve if you do not have an understanding of what you did wrong or what is expected.
Do not hesitate to ask the observer to model the right way to do "it".
If the walk-through observation form is inaccurate in any of the items marked, it is important to make this known. If you don't, it will sit in your record as correct.
The observation/evaluation instrument requires your signature. The signature usually does not indicate your approval, only that you have seen a copy of the evaluation. The form has space for your comments as well. Your signature is normally required. Do not refuse to sign it. It is okay to add a statement that you plan to send a rebuttal statement. If you write a rebuttal, call the Member Advocacy Center at 803-551-4153 and email it to help@thescea.org and let us review it with you before you turn it in. We may be able to help you make it stronger.
It is in your best interest to carefully consider any legitimate negative comments that were made in the context of improvement. Self-reflect and self-correct. Why wait for someone else to point out your errors or weaknesses?
Keep the principal informed of the efforts you make. Do not hesitate to ask for assistance if you need it. It is the principal's responsibility to suggest strategies and techniques for improvement and to tell you how administration will support you in improving your performance.
The SCEA Member Advocacy Center provides additional training and information related to formal evaluation. This benefit is for members only.
What does an employee do if they are mistreated?
Do NOT lost your temper. It may be shocking to learn that the principal or observer/evaluator feels that you are not a goof employee.
Ask questions and seek to understand the observer's comments, especially when you do not see clear evidence to support the ratings you received. You cannot improve if you do not have an understanding of what you did wrong or what is expected.
Do not hesitate to ask the observer to model the right way to do "it".
If the walk-through observation form is inaccurate in any of the items marked, it is important to make this known. If you don't, it will sit in your record as correct.
The observation/evaluation instrument requires your signature. The signature usually does not indicate your approval, only that you have seen a copy of the evaluation. The form has space for your comments as well. Your signature is normally required. Do not refuse to sign it. It is okay to add a statement that you plan to send a rebuttal statement. If you write a rebuttal, call the Member Advocacy Center at 803-551-4153 and email it to help@thescea.org and let us review it with you before you turn it in. We may be able to help you make it stronger.
It is in your best interest to carefully consider any legitimate negative comments that were made in the context of improvement. Self-reflect and self-correct. Why wait for someone else to point out your errors or weaknesses?
Keep the principal informed of the efforts you make. Do not hesitate to ask for assistance if you need it. It is the principal's responsibility to suggest strategies and techniques for improvement and to tell you how administration will support you in improving your performance.
The SCEA Member Advocacy Center provides additional training and information related to formal evaluation. This benefit is for members only.
External Resources:
Join your Union
Center for Educator Wellness and Learning
Free Member Mental Health Tool
Register for The SCEA Annual Mindfulness Retreat
S.C. Department of Health and Environmental Control (DHEC)
Center for Disease Control
National Institute for Occupational Safety and Health
American Psychological Association
Discovery Health: Ways to Combat Stress
Forbes: 12 Ways to Eliminate Stress at Work
Center for Educator Wellness and Learning
Free Member Mental Health Tool
Register for The SCEA Annual Mindfulness Retreat
S.C. Department of Health and Environmental Control (DHEC)
Center for Disease Control
National Institute for Occupational Safety and Health
American Psychological Association
Discovery Health: Ways to Combat Stress
Forbes: 12 Ways to Eliminate Stress at Work
Contact Us
Email: help@thescea.org
Website: www.thescea.org/contact
Location: 2999 Sunset Blvd, West Columbia, SC 29169
Phone: 803.772.6553
Facebook: facebook.com/thescea