1. ADVOCATING FOR MEMBERS Star Orullian and Cindy Formeller UniServ Directors Granite Education Association

2. Situation…
An agitated educator comes into your room and says, “I have just been called into the principal’s office. HELP!”
WHAT DO YOU DO?
How many of you have experienced this moment?

3. As an AR, you have a decision to make… Is the educator a member?
If yes, there is no decision—GEA will represent him/her/them!
If no, then you must decide what to do. Options:
“Here is a membership form….”
“My advice is….”
“Let me know how it goes for you.” 
Stay calm, and ask yourself this initial question…
* GEA frowns on this practice unless the individual’s problem affects members. Even then, at times, it sends the wrong message.

4. Note…
Caution: Principals may become defensive when GEA gets involved; thus, a good relationship between the AR and principal is VITAL.
GEA, as an organization, has spent decades building a collaborative relationship with the district. Most principals understand and respect the role you hold as the AR in your building. Creating open dialogue and good intent with your principal will open doors for you and the members in your building.
However, we are all human, and as such may get defensive when questioned or challenged.

5. AR Responsibilities – 1 of 3
Initial conversation with the member:
“What allegations were made against you?”
“When…”
“Who…”
Have the educator document the event in writing as soon as possible.
Taking time to understand what you and the member are walking into will help. Sit down with your member and review what your member knows about the allegation. \
Teachers, culturally, want to help and support. This willingness to comply can harm them if they don’t first protect themselves.
Example: When asked, “Do you know what time it is?” The answer is, “Yes” or “No.” Do not expound unless asked to do so! Too much talk can be fatal to a case.
Please be cautious, since there are always two sides to the story. As the AR, suspend judgment until you have heard both sides. Explain to the member that when he/she goes in to meet with the principal, the less said the better.

6. AR Responsibilities – 2 of 3
Take pen and paper in with you.
Note the date, time, and who is in attendance.
Write down ACCURATE quotes.
Your primary job is to be an extra set of ears and eyes.
You may ask where the allegations are coming from. Principals may or may not tell you. If they do not disclose this information, GEA will request it.* Please note that according to the policy manual notes, “Hearsay shall not be used as the basis for actions which may be taken against a teacher.”
Exceptions can be found by reading Article 15 of the Professional Agreement. All info on Teacher Files are found in this article.

7. AR Responsibilities – 3 of 3
Do not argue with the principal.
If you feel that the meeting is progressing toward a bad situation, you may say, “Mr. or Ms. XYZ, I respectfully request that this meeting end, so that we can have a GEA staff person present”
(Star or Cindy). This is especially important if threats are made, or swearing and/or yelling occurs and order cannot be restored quickly.
If a principal refuses that request, write it all down verbatim, and we will deal with it through the directors.

8. Educator Responsibilities
Keep emotions in check.
Remind educators to be truthful in their responses; but, again, never answer more than has been asked.
If the educator is asked to write an account (Send it to one of us for proofing.)
*Usually, the GEA office will ask the individual for a statement of the incident.
Try not to cry (sometimes hard to do)
Do not raise your voice!
LANGUAGE: keep it professional, not vulgar or rude or personal
,* advise him/her to keep the response factual, not emotional, professional, and brief.

9. Educator Responsibilities (cont.)
“By signing, I concede only that I have received a copy of the reprimand [verbal or written].”
GET A COPY OF ANYTHING AN EDUCATOR SIGNS!
Signing does not mean the educator agrees
Educators may make a note on the letter saying, “I contest…” or “There are false allegations…” or “I disagree with…”
They may then follow it up with a formal letter to accompany the principal’s letter

10. REMINDER
NEVER GIVE YOUR NOTES TO ADMINISTRATION! THESE ARE FOR THE USE OF GEA AND THE INDIVIDUAL BEING REPRESENTED!

11. When You Need a Director…
Is it about sex, money, abuse, or other criminal matters?
Are the police (city or district) involved?
Do not ask, “Did you do it?” You could be called as a witness. Legally, you are not afforded confidentiality.
If you need advice, please call GEA ASAP!
*Always remind your member to wait for GEA prior to making statements that could be used against them.
Anytime the police, whether district or unified are in the picture, you should turn the case over to the UniServ Directors. You don’t need to know anything other than, it’s criminal, it goes to the UD.

12. Legal Liability Protection for School District Employees
Every employee has received an from the HR Director with the attached document. Under Utah code 63A, districts are required to notify employees of the protections they have (and don’t have) under state risk management.

13. Legal Liability Protection for School District Employees

14. NEA Legal Liability Four Basic Insurance benefits:
Coverage A – up to $1,000,000 per occurrence
Coverage B – Reimbursement of Attorney Fees for Defense of a criminal proceedings (up t $35,000)
Coverage C – Bail Bond coverage up to $1,000
Coverage D – Assault-related personal property damage (up to $500)
In your packets you have NEA Legal Liability pamphlets and cards for every member. It’s good to know the difference between what coverage the state provides, and what membership will provide. Most likely than not, the representation teachers will need will be from NEA/UEA/GEA, and will not be eligible under State Risk Management. This insurance is vital.
Legal liability insurance is the biggest reason why members join a professional organization.

15. UEA Coverage for Members
Member representation in adverse personnel actions
Filing grievances against District to enforce contract
Represents members accused of assaulting students
Represents members threatened, harassed, or assaulted by students.
Personnel file disputes
Licensing disputes with UPPAC
Assists members in medical or disability insurance claims
Assists members in application for unemployment insurance application and/appeals
And these are the reasons why joining GEA/UEA/NEA are the best options for educators. These are items that are not covered by District Risk Management

16. UEA Coverage for Members (cont.)
Works with District to ensure fairness of the District’s evaluation program.
Negotiates protection for members
Represents members in retirement disputes with District
Represents members in termination, demotion, involuntary transfers, suspensions, or other disciplinary actions
Assists members in obtaining benefits under the Districts insurance policy
Advocates for members’ legal rights; and defends members’ due process rights.
These are items that are not covered by District Risk Management

17. The Tale of Two Files Building File: Principal maintains it
Is not an official file
It stays at the building
It “shall be used primarily for improvement of a teacher’s performance.”
When the principal leaves, the file should be destroyed
It should not be passed from one school to another, or from one principal to another
An unsatisfactory evaluation may remain in your school file for three years.

18. File #2 District File (Official File):
Contains your application, fingerprints, transcripts, etc.
Documents related to disciplinary matters
Written warnings
Suspensions
Anything is this file related to a disciplinary matter can be removed five (5) years from the date of issue.*
Exceptions: Physical contact with students, Sexual, criminal, or drug/alcohol violations.
unsatisfactory evaluation may remain in your school file

19. Educator Rights to District File
Educators may contact the Human Resource Department and make an appointment to review their files.
Remember to remove anything negative after five years; thus, it cannot be used again in a disciplinary matter. We can help with this.

20. REMEMBER…
Never, NEVER discuss a member’s situation without the expressed consent of that member.
Members will be comfortable with you in the room if they know you will be discrete!
Do not take offense if a member asks that the GEA office take the case.
THIS IS NO REFLECTION ON YOU! Many times members are embarrassed and do not want their colleagues to hear the gory details.

21. Bottom Line – Membership
You have invested too much into your career to not be protected.
The District’s protection through state risk management is much more limited compared to what you receive when you join GEA.
This presentation can be found in its entirety by going to and clicking on “Association Reps,” going to “Presentations,” and clicking on “Advocating for Members”
You can also find more information in the AR Handbook you received in August – pages 18-23