By Kevin Lungwitz
The number of euphemisms for negative documentation is limited only by the creativity of the issuing administrator: reprimand, write-up, warning, directive, memo of concern, memo of conference, corrective notice, growth plan, bad evaluation, and so forth. It doesn’t matter what it is called. It doesn’t matter where the issuing administrator says it will be stored, e.g. “This is not going in your HR file…” Every piece of negative documentation can be used against you at a later date. If you are on the receiving end of negative documentation, consider these steps:
1. Sign for receipt. Don’t make this the fight. I have never seen a case where a person’s mere signature for receipt of a reprimand was used to prove agreement with it. In fact, most write ups will state by the recipient’s signature line “My signature confirms receipt, it does not necessarily mean I agree,” or something similar. If those words don’t appear next to your signature line, simply write beside your signature, “For receipt only.”
2. Get out of the meeting as soon as possible. Negative documentation is often delivered in an adversarial meeting, a topic unto itself. If your supervisor has already drafted documentation to give you, they are not going to change their mind in this meeting. The less you say the better. Sign for receipt and get out of the meeting. Your signature on the reprimand will not likely be construed as agreement, but your future silence might be. You should submit a written response.
3. The response is NOT for the person who issued the documentation! Your written response will not change the mind of your supervisor. So why do it? So that your voice is in the file, and so that it may be used to persuade an unknown third party (superintendent? board? TEA?) that you are a reasonable and reliable professional.
4. Ask that your response be stored wherever the negative documentation is stored in the district. This might be your first or second sentence.
5. Be firm, but diplomatic and professional. Your rough draft can be angry, but then rewrite it. Have a trusted set of eyes read it before you turn it in. Your goal is to be 100% accurate and sound like a person who can still be trusted to do the job. Be firm but diplomatic in your critique. On the other hand, if the write up is fair, concede those points and let them know you will learn from this experience.
6. Be proportional. Respond in the same format. Less is more: If the reprimand or directive was an email, respond with an email. If it was a memo, respond with a memo using a similar style. If the memo was two pages, do not respond with 10 pages. Be proportional, responding to the issues at hand. The longer the response, the less likely it will be read and understood by anyone. Your response is not evidence for court yet, so it’s not necessary to attach all your proof. Save those pieces for later should you need them.
7. End on a positive note, even if you disagree with the whole thing. End on a conciliatory note like, “Even though I disagree with your memo, I appreciate your guidance. I will reflect on your observations as I always strive to better serve our campus community,” or words to that effect.
8. Timely submit it. Best business practices say to submit your response within 10 workdays after receiving the documentation. If the supervisor gives you less time, then that is your deadline. I advise converting whatever format you used to write into a PDF.
9. Send it to the person who issued the negative documentation. Any method of delivery is fine, if you can prove delivery. Emailing the PDF response to the issuing supervisor is usually best, because it creates a record. Copy those who already know or need to know (e.g., HR, superintendent) but avoid blowing it up beyond the current scope. Be proportional.
10. File a grievance? Grievances are a topic for another day, but should the write up be the straw that breaks your back and you want to file a grievance, a well-written response has already done the heavy lifting. Be mindful of the short deadline to file a grievance, usually found in policy DGBA (local).
These suggestions are for standard performance-related negative documentation. If you are accused of a crime, it is best to seek the advice of a lawyer before speaking or submitting a response.
Kevin Lungwitz practices law in Austin and is a former Chair of the School Law Section of the State Bar of Texas.
TEPSA News, May/June 2026, Vol 83, No 3
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Note: Information from Legal Ease is believed to be correct upon publication but is not warranted and should not be considered legal advice. Please contact TEPSA or your school district attorney before taking any legal action, as specific facts or circumstances may cause a different legal outcome.
