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Know Your Rights
At any time you may be called into a meeting with an administrator and begin to feel that it is turning into a disciplinary meeting. No matter what level of administration is involved, you should follow precautionary steps to protect your rights. Your contract and your union can help protect you against unfair disciplinary action. The outcome of any dispute concerning legal or contractual rights depends largely on precautions taken at the very beginning of the action. Be familiar with the following steps:
1. If you are called to a meeting with an administrator and a) you feel it may turn into a disciplinary proceeding and/or b) it turns into a disciplinary proceeding while the meeting is ongoing, you have the right to Association representation. Immediately request an adjournment of the meeting until you can arrange to have an Association representative with you. Run, do not walk, to the telephone and call the Association president. Do not make any spontaneous replies to charges that will give them evidence against you.
2. Get Association advice early - don't "wait to see what happens." Call your Association president. He or she will in turn immediately contact the MTA rep. The MTA rep, in turn, will assess your case and determine what needs to be done to insure that your rights are protected. Your MTA rep will also ensure that you, as a member, have the benefit of the services of other MTA divisions, if necessary. MTA legal assistance, if necessary, is available to you as a dues-paying member, and can save you thousands of dollars in the event it is necessary.
3. Do not sign or submit to your administrator or board any written statements that have not been reviewed by your MTA rep. Be sure to retain copies of any written statements you receive, all correspondence related to your case, and postmarked envelopes containing correspondence mailed to you in connection with the case.
4.You must be accompanied to the administrator’s office by an Association representative. This is usually the Association president and/or the MTA rep.
The person accompanying you may need to testify for you at future hearings or in court proceedings. If the school official refuses to allow a witness to enter the meeting, note that she/he was refused admittance to the meeting and request the she/he be willing to testify at a later time that she/he was refused entry into the meeting. After any meeting, immediately write a report of what transpired. Keep this report for your records.
5. Do not agree to proposals offered to you by the administration or other representatives of the employer until you have discussed the proposal with the MTA rep who is handling your case. The MTA rep knows the specific facts of your case and your contractual/legal rights.
6. If it is suggested that you resign, do not under any circumstances submit a resignation, without first conferring with your MTA rep. Resignation eliminates your unemployment compensation benefits.
7. Do not make any public statements about your case. Casual conversation in the teacher's room with other employees, casual conversation with neighbors and friends can become public statements that come back to harm you and your case.
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