FRISK TRAINING

PLNU SCHOOL OF EDUCATION

GEL 607
PROFESSIONAL LEARNING AND GROWTH LEADERSHIP
WHY FRISK?

• The FRISK model was developed by Steven J.

Andelson of Atkinson, Andelson, Loya, Ruud &
Romo.
● The main purpose of the FRISK model is to
improve employee performance through
direct, honest, and constructive communication.
WHY FRISK?

• However, if the employee does not improve and,

as a last resort, disciplinary action is necessary,
the model includes the elements for legally
sufficient documentation. It is our primary
source of evidence to support management’s
burden of proof in disciplinary cases.
FRISK
F= Facts
R= Rule
I= Impact
S= Suggestions/Directions for Improvement
K= Knowledge
FRISK
F (Fact) What did the employee do?
R (Rule) What should the employee have done?
I (Impact) What was the impact or possible impact of the
employee’s conduct on the district?
S (Suggestion) When and what do you want the employee
to do to improve performance in the future? What will
happen if there is no improvement?
K (Knowledge) Does the employee have knowledge of
personnel file rights required by Education Code Section
44031, and applicable labor contract provisions?
WEINGARTEN RIGHTS

Remember….. before conducting an

investigatory conference with an employee
which could result in discipline, inform the
employee of his right to representation at
the conference.
FACTS-
WHAT DID THE EMPLOYEE DO?
• Clearly pinpoint the specific conduct deemed
deficient.
• Describe the specific conduct in complete and
explicit terms avoiding unnecessary technical
language.
• Avoid factual errors
FACTS-
A principal having concerns about a teacher’s
incomplete lesson plan, inadequate assessment of
student work , and poor student control
SEPARATELY DESCRIBES AND
DOCUMENTS EACH PERFORMANCE
DEFICIENCY.
FACTS - EXAMPLE
Incomplete lesson plans-
“Your lesson plans that I reviewed on March 12,
2018 were incomplete. You did not provide
enough information for a substitute to continue
your planned curriculum. For example, several
periods were unplanned or lacked an identified
objective or learning level for a specific activity.”
FACTS - EXAMPLE

Inadequate assessment of student work-

“You have not assessed students’ performance and achievement
with well-defined criteria. For example, on April 6, 2018, you gave
your 7th grade students an essay test. Several students received a
grade of D; however, you did not support the grade with detailed
analysis. You merely remarked the essays were ‘not very
interesting.”
FACTS - EXAMPLE

Poor student control-

“During a classroom observation on February 27,
2018, while reviewing a grammar quiz, you failed
to maintain control of your class. For example,
four students were passing notes to each other
and laughing, two students were openly texting
on their cell phones, and three students were
throwing erasers.”
RULE-
WHAT SHOULD THE EMPLOYEE HAVE DONE?
The “rule” represents the standard, authority, direction,
mandate or expectation that the employee is required to follow.
• District Policies or Administrative Regulations
• Collective bargaining agreement (contract)
• Job descriptions
• Employee handbook
• Adopted Curriculum Standards
• Prior Administrative announcements
• Generally accepted practice or expectation
IMPACT-
WHAT IS THE IMPACT OR POSSIBLE IMPACT OF THE
EMPLOYEE’S CONDUCT ON THE DISTRICT?

“Impact” is important to establish the

CONNECTION between the employee’s deficient
conduct and its negative impact on the school
district-which may involve students, employees,
parents or property.
IMPACT-
As a general rule, in documenting the negative
impact of unsatisfactory employee performance,
the evaluator should state facts which show:
• Adverse impact or possible adverse impact of the employees
conduct on the efficient operations of the district, school, and/or
educational process.
• Adverse impact or possible adverse impact of the employees
conduct on students, other employees and/or parents.
• The degree of public notoriety resulting from the employee’s
conduct that impairs or is likely to impair the employee’s
effectiveness to do the job.
IMPACT-EXAMPLE
Example 1: “Your failure to provide supervision
during your scheduled yard duty and bus duty
assignments has resulted in injury to students
involved in a scuffle in your supervision area.”

Example 2: “Your belligerent attitude toward

students as reflected in your sarcastic and
demeaning notes and rude comments during
class have had an adverse impact on your
teaching effectiveness, which has resulted in
student and parent complaints.”
SUGGESTIONS/DIRECTIVES-
WHAT SHOULD THE EMPLOYEE DO TO IMPROVE PERFORMANCE?

• You have previously told the employee what

happened and what should have happened,
and you have connected the employee’s
conduct to the job.
• Now you are identifying what must be done to
correct the employee’s deficient performance
and are providing suggestions/offers of
assistance for improvement.
SUGGESTIONS/DIRECTIVES-WHAT
SHOULD THE EMPLOYEE DO TO IMPROVE
PERFORMANCE?

• Provide directions on proper conduct or level of

performance expected to be followed in the future;
and
• Provide suggestions, recommendations, or directives
to assist employees in meeting these requirements.
SUGGESTIONS/DIRECTIVES-
DRAFTING CLEAR COMMANDS
• The test for determining a clear and unequivocal
command is that it must not leave room for the
employee’s own interpretation.

• A statement that implicitly gives an employee the

option of not obeying is not a clear and unequivocal
command.
SUGGESTIONS/DIRECTIVES
Examples-
“Effective immediately, you will fulfill your
responsibility of providing supervision as assigned on
the duty schedule. To assist you with this, I will
provide an additional copy of the supervision duty
schedule and will personally review it with you.”
 SUGGESTIONS/DIRECTIVES
Example-
“Effective immediately, you will maintain proper control in
your classroom ensuring that all students are engaged in
learning and free from distractions. To assist you with this, I
will provide release time with a coach who will work with you
on classroom management strategies. Additionally, I will make
more frequent visits to your classroom to observe your
classroom setting and to ensure that you are following this
directive.”
KNOWLEDGE
• Does employee have knowledge of document
(letter of reprimand, conference summary, etc.)
being placed in personnel file?
• Employee should be informed of right to add a
response which should be attached to the letter.
KNOWLEDGE
Example-
•“A copy of this letter will be placed in your
personnel file after 10 days. You may prepare a
response which will be attached to this letter.”
•(To be initialed by employee)
“I acknowledge receipt of a copy of this letter on
________.”
WHEN TO DOCUMENT
The FRISK model can be used for various types of
documents to record unsatisfactory employee
performance including. The type of document should
be determined by the following progressive discipline
process guide:
• oral warning/conference summary
• written warning
• letter of reprimand
• unsatisfactory evaluation
• suspension without pay
• dismissal
WHEN TO DOCUMENT
As a general rule, when uncertain as to which
progressive discipline step to apply, confer with
your HR Director.
RULES REGARDING
INVESTIGATIONS
• Weingarten
In 1975, the United States Supreme Court in the
case of NLRB v. J. Weingarten, Inc. 420 U.S. 251
(1975) upheld a National Labor Relations Board
(NLRB) decision that employees have a right to
union representation at investigatory interviews
These rights have become known as the
Weingarten Rights.
CONFERENCES
• Employees are entitled to representation at
investigatory meetings.
• Your FRISK conference, where the FRISK
document is presented to the employee, will be
conducted in a separate meeting following your
investigatory meeting.
• Again, these should be separate!
SCENARIO 1
• The following scenario will take you through the
FRISK steps and represents how a document,
such as a conference summary, would be
developed.
• This is what follows a meeting or investigation.
• These scenarios are based upon actual incidents.
SCENARIO: FACT
It was reported to me and confirmed by you that,
during the past week, you placed a mousetrap in the
candy dish on your desk in an attempt to “catch” the
student or students responsible for stealing candy
from your candy dish.
SCENARIO: RULE
Staff and students are not permitted to
bring mousetraps into the classroom or
anywhere on the school site.
You are expected to maintain a safe
classroom environment.
SCENARIO: IMPACT
• Your actions could have resulted in injury
to a student or fellow staff member.
• Furthermore, your actions could have
resulted in legal action against you and the
District.
• Your actions could have resulted in
negative publicity to the District.
SCENARIO:
SUGGESTION/DIRECTIVE
• You are directed to maintain a safe and orderly
classroom free from dangerous objects and
weapons.
• You are directed to consult administration when
you need assistance in dealing with student
discipline issues.
SCENARIO:
KNOWLEDGE
• A copy of this letter will be placed in your
personnel file after ten days.
• You may file a response which will be attached to
this letter.
SCENARIO 2
• The following scenario took place at an
elementary school site.
SCENARIO 2: FACT
A student reported the following:
You have regularly brought your personal laptop
computer to school and worked from it at your
desk. Tabs on your computer were visible to
students and read, “Free Porn,” “Live Chat,” “Sex
Show,” and “Hidden Camera.”
SCENARIO 2: FACT -
CONTINUED

An investigation was conducted and the findings

support this allegation. During the investigation, you
denied visiting the named internet sites. You stated
your District issued device was not working so you
brought your personal laptop from home to work
from.
SCENARIO 2: RULE
• The normal procedure for addressing instructional
technology needs is to report it to your
administrator.
• Viewing porn while on duty at work and in the
presence of children is inappropriate and potentially
criminal.
• This behavior violates board policy on professional
conduct.
 SCENARIO 2: IMPACT-
This activity conducted during instructional time impacted
students, staff, and parents inasmuch as:
1. Students were deprived of valuable instruction and
supervision,
2. Parents and administration have cause to question your
character and ability to carry out the duties of a teacher,
3. You potentially brought unwanted notoriety and liability
to the District.
SCENARIO 2:
SUGGESTIONS/DIRECTIVES
1. Review the Districts Acceptable User Policy.
2. Report any instructional technology needs to your site
administrator.
3. Do not bring your personal laptop computer from home
for any reason.
4. Maximize your use of instructional time.
5. Conduct yourself in a professional manner at all times.
SCENARIO 2: KNOWLEDGE
A copy of this document will be placed in your
personnel file after 10 days.
You may prepare a response which will be attached
to this document.
Your signature acknowledges receipt of this
document.
SITE FILES
Site files concerning an employee’s performance are typically
kept to:
• Make record of oral warnings
• Preserve written warnings/conference summaries
• Record preliminary information
• Hold complaints filed against an employee pending an
investigation and disposition
FRISK TEMPLATES:
Use the FRISK model for:
• conference summaries
• warning letters
Work with your HR Director when employee
discipline rises to the level of letters of reprimand.
SCENARIOS
• You will be provided a scenario which requires an
intervention from you, the site principal.
• Using the steps of the FRISK process, write up a conference
summary.
• Conduct a conference with your employee.