Assault the Employee refusing to carry out a lawful and reasonable instruction that is consistent with the Employee’s contract of employment.
Assault. Appearance before a judicial body or legal authority as a result of assault by a student or outsider in the course of their duties as a teacher will not result in loss of wages or in reduction of accumulated sick leave of the teacher.
Assault. Any case of assault upon a bargaining unit member by a student shall be promptly reported to the Board or its designated representative. The Board shall render all reasonable assistance to the bargaining unit member in connection with handling of the incident by law enforcement and judicial authorities. To the extent permitted by law, a teacher assaulted by a student shall upon request be advised of any disciplinary action taken against the student.
Assault. For a series of complex reasons, violence is being frequently resorted to in society. In the educational setting teachers are sometimes the target of assault by students and others.
A) The Board and the Unit recognize that every teacher has the right to security of person in the workplace.
B) Under the Criminal Code of Canada, an assault occurs not just when someone intentionally applies force to another person without that person's consent, but also when a person attempts or threatens to apply force.
C) Where the teacher believes that an assault has taken place, the following actions shall be taken:
1. The assailant is to be removed from the presence of the teacher as soon as possible.
2. The teacher is to receive immediate medical attention when warranted and medical verification of the injuries from a qualified medical practitioner (Physician).
3. The teacher, or a colleague, informs the Principal or designate who, in turn, informs the appropriate Supervisory Officer of the alleged assault, and requests that the Board's legal counsel be advised.
4. The Principal, with the possible assistance of the police, immediately establishes the details of the alleged assault and identifies witnesses if any.
5. Where the alleged assailant is a student in the school, the Principal immediately reassigns the student out of the class of the assaulted teacher and, where appropriate and possible, considers the permanency of the reassignment.
6. Where the investigation establishes that an assault has taken place and that the assailant is a student in the school, the Principal shall ascertain whether the student should be suspended or expelled pursuant to Sections 306 and 308 of the Education Act, as amended from time to time. Where appropriate and possible, the student will not be assigned to the assaulted teacher's class for the following term.
7. Where an investigation establishes that the assailant is a person other than a student in the school, the Principal calls the police to investigate.
8. The Principal makes a written account of the events, times and witnesses and furnishes the teacher with a copy of this account and any other reports pertaining to the assault.
9. The teacher, or if necessary, a colleague or the Principal, informs the OECTA staff representative and the Unit President of the assault.
10. Where necessary, the teacher receives time off from all duties to a maximum of sixty (60) calendar days, without loss of pay, service credits, or sick leave credi...
Assault. Any case of assault upon a teacher which occurs in the line of duty shall promptly be 20 rights and obligations with respect to such assault, and its legal assistance to the teacher in 21 connection with handling of the incident by law enforcement and judicial authorities. In such 22 event, the following shall apply:
Assault. Any case of assault and/or battery upon a teacher by a student, parent or guardian or relative or friend of such student or outsider while a teacher is performing his duties shall be promptly reported to the Board or to its representative. The Board will provide legal counsel to advise the teacher of his/her rights and obligations with respect to such assault and shall render all reasonable assistance to the teacher in connection with the handling of the incident by law enforcement and judicial authorities; further, the Board shall not be obligated to provide legal assistance in the preparation of a civil suit.
Assault a. Whenever a teacher is absent from school as a result of personal injury due to assault arising out of and in the course of his employment, he shall be paid full salary for the period of such absence or the balance of the fiscal year whichever is shorter, if approved by the Board as provided for in Florida Statutes 1012.63(1)(2), without having such absence charged to sick leave.
b. Any amount of salary payable pursuant to this section shall be reduced by the amount of Workers' Compensation award for temporary disability due to said assault injury for the period for which such salary is paid.
c. The Board shall have the right to have the teacher examined by a physician designated by the Board for the purpose of establishing the length of time during which the teacher is temporarily unable to perform his duties. In the event that there is no adjudication in the appropriate Workers' Compensation proceeding for the period of temporary disability, the opinion of the physician as to the period of disability shall prevail. The teacher retains the right to obtain a second opinion which will be considered by the Board.
d. If a teacher pursues civil action, he should include loss of time, and in the event such action results in award of damages by agreement or adjudication, the Board shall be reimbursed in the amount of salary which is received in the damage settlement. Attorney's fees and expenses of collection of damages shall be prorated between the teacher and the Board on the basis of the amount distributed to each. The Board shall be subrogated to the right of action of such teacher against any person legally responsible for such damages.
Assault. Any instance of assault upon an employee while in the performance of his/her assigned duties shall be promptly reported to the Employer or its designated representative.
1. The Employer shall provide its legal counsel to advise the employee of his/her rights and obligations with respect to such assault.
2. The Employer shall assist the employee to obtain an investigation, prosecution and disposition of the matter by the proper law enforcement authorities. Any civil suits shall be pursued solely by the employee in his/her individual capacity without the assistance of the Employer.
Assault. Any case of assault on a person which had its inception in a direct school-related problem shall be reported in writing to the principal or supervisor or designee. In the event of such assault, the person involved may request assistance in writing from the Board summarizing such matter. This request shall be made in writing within one (1) day to the Superintendent of Schools or his/her designee who may make a determination as to whether the conduct/actions of the person making such request justifies any assistance from the Board, and the extent thereof. The decision of the Superintendent of Schools shall be final.
Assault. Any case of assault upon an employee or damage to the employee's property, while the employee is performing duties, shall be promptly reported to the employer. The employer shall promptly render necessary assistance to the employee, when possible, to prevent injury and/or loss of property. Upon request, the employee may consult with a Board provided lawyer concerning any ensuing legal proceeding to advise the employee of his/her rights and obligations with respect to such assault as well as in connection with the handling of the incident by law enforcement and judicial authorities. This provision does not require the actual filing or processing of an action on behalf of the employee, nor the presence of Board counsel at any proceedings.
