TEXAS DOCUMENTATION HANDBOOK

1. TEXAS DOCUMENTATION HANDBOOK Kemerer, Frank R and Crain, John A. (2016). Texas Documentation Handbook Sixth Edition. Texas School Administrators’ Legal Digest

2. Documentation Basics (2-10) • Investigate, conference, write • Avoid getting angry • Avoid inflammatory/judgmental language • Just the facts • Spell out acronyms, use proper names • Assume memo will be read by the Board • Avoid using email as documentation • Have someone proofread your memo

3. Summary (2-19) • Use Oral Directives to deal with minor employment problems • Notes to file - Memory Joggers – Use in SIM • No secrets, no surprises • Follow essential elements of SIM • Employ remediation, whenever possible • Use Last Chance Memorandum • Improvement required • Possible non-renewal or termination • Only when warranted

4. When to Document (2-1) • Document only when necessary • Tends to polarize the relationship • Use oral directives when minor issue first arises/note to file • Record of date time of conversation • Preserves details

5. Investigate First (2-6) • Do not delay investigation • Include HR • Notify parents, if student victim • Interview witnesses separately (signed statements) • Interview the accused • FERPA • Investigation is essential foundation for effective documentation

6. Specific Incident Memorandum (SIM) (2-4) • For specific or pattern of behavior serious enough that a written record must be made • Include directives and may include a remediation component

7. Specific Incident Memorandum (SIM) (2-4) • For specific or pattern of behavior serious enough that a written record must be made • Include directives and may include a remediation component • Term of “Letter of Reprimand” should be avoided since it carries a negative connotation

8. SIM Essential Elements (2-11) • Letterhead Stationary • Conveys importance of communication • Date • Subject • Short and avoid conclusory subject • Allegation and Investigation • Briefly 2-3 sentences • Nature of investigation • Findings of Fact • Results of investigation

9. SIM Essential Elements (2-11) • Conclusions • Decision on what happened • Conclusion reached • Directives • Specific • Not suggestions • Opportunity to Respond • 10 days • Dated Employee Signature

10. Essential Elements SPECIFIC INCIDENT MEMORANDUM TO: FROM: DATE: RE: [State the subject of the memo above in neutral terms.] Allegation This memorandum is a follow-up to our conference on _at which and Investigation we discussed … [Choose one: “my concern about” or “my observation of” or “reports to me that you” or “allegations that you” and complete the sentence in the space below. If your investigation is based on other than your own observation, describe briefly in a second sentence what it encompassed.] Findings of As I noted at our conference, my concerns are based on the following: Fact [State below the findings of fact from your observation/investigation/conference in objective terms – follow the Sgt. Joe Friday Rule: “Just the Facts.” Avoid judgmental terms like “unprofessional” and “inappropriate.” These fit better in the conclusion section. If there are a number of findings, use bulleted sentences to set them apart.]

11. Conclusions Based on the above, I conclude that … [Complete this sentence below indicating whether or not there has been a violation of district policies, regulations, job description, handbook provisions or previous directives. Cite them directly. Attach them if appropriate. If inconclusive with regard to whether there is a violation, so state and then use the opportunity to alert the employee to the importance of compliance.] Directives In the future, it is necessary that you … [Complete this sentence below by setting forth your directives and including remediation activities if you find the matter remediable and believe such activities would help the employee comply with the directives.] Opportunity I have received a copy of this memorandum. I understand that my signature does not necessarily to Respondindicate that I agree with its contents. I further understand that I may respond in writing within 10 working days. ______________________________ _____________ Employee Signature of Employee Date Signature Copy: Human Relations Department/Personnel File

12. Poorly Constructed SIM (2-5) Email to Bob the Instructor To: Bob the Instructor Subject: Faculty Meeting You seem incapable of understanding a very simpel directive: attend faculty meetings. As I told you before, claiming you have papers to grade before a weekend trip and saying you didn’t find the discussion relevant to your needs is hardly reasons not to be there. Today, you simply didn’t show up at all. I have one word for you: BE THERE OR FIND ANOTHER JOB. I am forwarding this email to the superintedant. Angie O’Plasty, Principal

13. COYOTE INDEPENDENT SCHOOL DISTRICT 900 HIGH ROAD COYOTE, TEXAS 70000 TO: Mabel Marblehead, Senior Assistant FROM: Charlie Chassis, Director of Transportation DATE:September 11, 2016 RE: Customer Relations Allegation This memorandum is a follow-up to our conference yesterday afternoon at which we discussed what Fred Fiscal, And Investigation our school district business manager, told me occurred when he entered the office at 10:30 a.m. that morning. At the time two bus drivers also were in the office. He said that you were talking on the telephone about non-school business (you were speaking about your love of dogs). When Mr. Fiscal tried to speak with you, he said you responded, "I am now on break. You will just have to wait." He said he waited another 10 minutes for you to conclude your call. I spoke with one of the two drivers, who confirmed the report and said he and his fellow driver had been waiting for 15 minutes. Finding of Facts When I spoke with you about the matter at our conference, you admitted that this had occurred but pointed out that you had been working hard all morning and hadn't had your break. As I told you at our meeting, it is important that all of us serve the members of our school community in the best possible manner. This is the only way we can build positive support for our school district and for this office.

14. Conclusions I find your actions yesterday to constitute a serious disregard of the needs of others and contrary to the expectations of the district as set forth in our staff handbook. Directives In the future, do not take your breaks when there are persons in the office waiting to be served. When the office is empty, you may take your 20 minute morning and 20 minute afternoon break by leaving the office as long as either I or the part-time filing clerk is present. It is important that there always be someone in the office during working hours. Also, I expect you always to use the skills that you learned at the in-service presentation last June and that we reviewed yesterday in your interactions with other people while on the job. These include (1) promptly and positively greeting persons when they enter the office; (2) asking how you might assist them; (3) asking if they would like a cup of coffee or bottled water; (4) addressing their needs, or if not possible, making a note of the needs and indicating that we will get back to them as quickly as we can; (5) thanking them for coming by and indicating that they are always welcome. Please follow my directives so that I do not need to find a suitable replacement. Opportunity I have received a copy of this memorandum. I understand that my signature does not necessarily indicate that To Respond I agree with its contents. I further understand that I may respond in writing within 10 working days. DatesdEmployee Signature ____________________________________________________________________ Mabel Marblehead Date

15. Last Chance Memorandum (2-4) • Captures record of previous deficiencies • Do not include issues corrected • Puts employee on notice of possibility of recommendation for non-renewal or termination of employment