Common use of APPLICATION FOR ASSAULT LEAVE Clause in Contracts

APPLICATION FOR ASSAULT LEAVE. 38.02.1 Within ten (10) days of the incident, the Professional Staff Member must furnish the Superintendent with a signed statement, describing in detail all of the facts and circumstances surrounding the assault, including but not limited to, the location and time of the assault, the identity of the assailant(s), if known, and the identity of all witnesses to the assault, if known. 38.02.2 The Professional Staff Member must submit to the Superintendent verification from an attending physician that the Professional Staff Member is physically disabled from performing normal duties, indicating the nature of the disability and its probable duration. 38.02.3 The Professional Staff Member must cooperate fully with the Superintendent and other public authority (authorities) in the prosecution of the assailant(s). In the event the Professional Staff Member requires representation by an attorney in the criminal prosecution of the assailant(s), the BOARD will provide the Professional Staff Member with an attorney selected by and paid by the BOARD to represent such Professional Staff Member in such matter. If other legal representation is required the Professional Staff Member, such may be provided by the BOARD as approved in advance by the Superintendent of Schools. 38.02.4 The Professional Staff Member shall be required to file for Workers’ Compensation. 38.02.5 It is the intent of this article to provide for assault leave for Professional Staff Members who do not physically initiate the assault on their person. In case of a dispute as to whether or not a Professional Staff Member has physically initiated an assault, and it is determined through either administrative hearing or court action that the Professional Staff Member did initiate the assault, the Professional Staff Member shall be required to either; (a) refund the compensation received as assault leave, or (b) charge the assault leave taken against the sick leave earned by the Professional Staff Member.

Appears in 4 contracts

Samples: Master Contract, Master Contract, Master Contract

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APPLICATION FOR ASSAULT LEAVE. 38.02.1 Within ten (10) days of the incident, the Professional Staff Member must furnish the Superintendent with a signed statement, describing in detail all of the facts and circumstances surrounding the assault, including but not limited to, the location and time of the assault, the identity identify of the assailant(s), if known, and the identity of all witnesses to the assault, if known. 38.02.2 The Professional Staff Member must submit to the Superintendent verification from an attending physician that the Professional Staff Member is physically disabled from performing normal duties, indicating the nature of the disability and its probable duration. 38.02.3 The Professional Staff Member must cooperate fully with the Superintendent and other public authority (authorities) in the prosecution of the assailant(s). In the event the Professional Staff Member requires representation by an attorney in the criminal prosecution of the assailant(s), the BOARD will provide the Professional Staff Member with an attorney selected by and paid by the BOARD to represent such Professional Staff Member in such matter. If other legal representation is required the Professional Staff Member, such may be provided by the BOARD as approved in advance by the Superintendent of Schools. 38.02.4 The Professional Staff Member shall be required to file for Workers’ Compensation. 38.02.5 It is the intent of this article to provide for assault leave for Professional Staff Members who do not physically initiate the assault on their person. In case of a dispute as to whether or not a Professional Staff Member has physically initiated an assault, and it is determined through either administrative hearing or court action that the Professional Staff Member did initiate the assault, the Professional Staff Member shall be required to either; (a) refund the compensation received as assault leave, or (b) charge the assault leave taken against the sick leave earned by the Professional Staff Member.

Appears in 1 contract

Samples: Master Contract

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