Common use of Assault Leave Clause in Contracts

Assault Leave. A. An employee who must be absent due to physical disability resulting from an unprovoked assault on such employee which occurs in the course of Board employment, on school grounds, during school hours or where required to be in attendance at a school sponsored function, shall be eligible for assault leave. Full pay status (days not charged to sick leave) under Assault Leave can be granted up to a maximum of the first five (5) days beginning with the first day of said leave. At the end of the five (5) days, the employee may use sick leave or receive workmen's compensation (if eligible for the period of the physical disability). B. Eligibility shall be determined by the Superintendent and will be based on a signed statement on the appropriate form which shall include but not be limited to the following: 1. Nature of the injury 2. Date and time of occurrence 3. Identification of the individual(s) causing the assault if known 4. Facts and circumstances surrounding the assault 5. A certification from a licensed physician describing the nature of the injury sustained causing absence. 6. If the employee is eligible for assault leave but not workmen's compensation, the Board and the employee will share the cost of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall be determined solely by the Superintendent. D. Following such leave, the employee shall be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made by the Superintendent based on the opinion of the employee's licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits or the physician’s certificate, is grounds for suspension or termination of employment.

Assault Leave. A. An employee A teacher who must be absent due to physical disability resulting from an unprovoked assault on such employee teacher which occurs in the course of Board employment, on school grounds, during school hours or where required to be in attendance at a school sponsored function, employment and/or Board-related activities shall be eligible for assault leave. Full pay status (days not charged to sick leave) under Assault Leave assault leave can be granted up to a maximum of the first five fifteen (515) days beginning with the first day of said leaveabsence due to an assault. At the end of the five fifteen (515) days, days the employee teacher may use sick leave or receive workmenworker's compensation (if eligible eligible) for the period of the physical disability). B. . Eligibility shall be determined by the Superintendent superintendent and will be based on a signed statement on the appropriate form which shall include but not be limited to the following: 1. Nature of the injury 2. Date and time of occurrence 3. Identification of the individual(s) individual or individuals causing the assault if known 4. Facts and circumstances surrounding the assault 5. A certification from a licensed physician describing the nature of the injury sustained causing absence. The Board may require, at Board expense, a second opinion to verify that the employee is unable to return to work as a result of an assault. Should conflicting opinions be forthcoming from these two (2) physicians, a third physician's opinion shall be determinative. 6. If the employee is eligible for assault leave but not workmen's compensation, the Board and the employee will share the cost of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. assaulter or assaulters. If sick leave becomes exhausted, the employee teacher may apply for additional further sick leave. Whether such additional leave is granted, granted shall be determined solely by the Superintendent. D. superintendent. Following such leave, the employee leave employees shall be returned to duty, duty provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made by the Superintendent superintendent based on the opinion of the employeeteacher's licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits or the physician’s certificate, 's certificate is grounds for suspension or termination of employment.

Assault Leave. A. (a) An employee who must be absent due to physical disability resulting from an unprovoked assault on such employee which occurs in the course of Board employment, on school grounds, during school hours or where required to be in attendance at a school sponsored function, shall be eligible for assault leave. Full pay status (days not charged to sick leave) under Assault Leave can be granted up to a maximum of the first five (5) days beginning with the first day of said leave. At the end of the five (5) days, the employee may use sick leave or receive workmen's ’s compensation (if eligible for the period of the physical disability). B. (b) Eligibility shall be determined by the Superintendent and will be based on a signed statement on the appropriate form which shall include but not be limited to the following: 1. (i) Nature of the injury 2. (ii) Date and time of occurrence 3. (iii) Identification of the individual(s) causing the assault if known 4. (iv) Facts and circumstances surrounding the assault 5. (v) A certification from a licensed physician describing the nature of the injury sustained causing absence. 6. (vi) If the employee is eligible for assault leave but not workmen's ’s compensation, the Board and the employee will share the cost of the physician's ’s examination. 7. (vii) The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. (c) If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall be determined solely by the Superintendent. D. (d) Following such leave, the employee shall be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made by the Superintendent based on the opinion of the employee's ’s licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits or the physician’s certificate, is grounds for suspension or termination of employment.

Assault Leave. A. An The Board may grant assault leave to any employee who must be absent from assigned duties due to physical any disability resulting which results from an unprovoked assault causing bodily injury incurred while engaged in carrying out school-related duties while on such or off school property. Injuries incurred from natural or accidental causes are excluded. a. Any employee who must be absent from assigned duties due to a disability which occurs in the course of Board employment, on school grounds, during school hours or where required to be in attendance at a school sponsored function, results from reasons stated above shall be eligible paid the full scheduled compensation for a period not to exceed 50 working days per assault. b. The time missed shall not be deducted from the accumulated sick leave of the employee. c. The Superintendent shall determine eligibility for assault leave. Full pay status (days not charged to sick leave) under Assault Leave can be granted up to a maximum of the first five (5) days beginning with the first day of said leave. At the end of the five (5) days, the employee may use sick leave or receive workmen's compensation (if eligible for the period of the physical disability). B. Eligibility and such eligibility shall be determined by the Superintendent and will be based on a signed statement on the appropriate form upon information which shall include include, but not be limited to the following: 1. Nature A statement of the nature of the disabling injury. 2. Date Notice within 72 hours of the date and time of occurrencethe incident, or the next regular business day, whichever shall first occur. 3. Identification of the individual(s) causing who caused the assault disabling injury, if known. 4. Facts A full statement of the facts and circumstances surrounding related to the assaultevent which caused the disabling injury. 5. A certification statement from a licensed certified physician describing the nature of the injury sustained causing absencedisabling injury. 6. If A statement indicating willingness to participate and cooperate with the Board, to the degree possible dependent upon the severity of the disabling injury, if the Board should decide to take legal action against the individual(s) responsible for the disabling injury. d. The Superintendent's decision is grievable and the arbitrator's decision is final and binding on the parties. e. An employee is eligible may not accumulate assault leave. f. Payment for assault leave but not workmenshall be at the applicant's compensationcurrent scheduled rate of pay at the time of eligibility or at the rate of pay for which the applicant may become eligible during the course of the leave period. All other benefits are to remain in full force and effect during the full period of the leave. g. Payment of assault leave shall be discontinued: 1. At the expiration of the disability; 2. At the expiration of the assault leave, or 3. At the expiration of employment. h. In the event of disability in excess of 15 working days, the Board shall have the right to require the individual to submit to an examination by a physician of the Board's choice for the purpose of making a determination of the continued eligibility for assault leave. If the decision of the Board's physician is contradictory to that of the applicant's physician, then a third physician shall be employed by the Board to make an examination, and the decision of this third physician, agreeable to the Board and the employee will share the cost of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is grantedapplicant, shall be determined solely by binding on both the SuperintendentBoard and the applicant as related to the continuation or termination of assault leave. D. Following such leave, the employee shall be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made by the Superintendent based on the opinion of the employee's licensed physician. i. Falsification of the either a signed statement to determine eligibility or a physician's certificate is reason for denial of assault leave benefits or the physician’s certificate, is grounds for suspension or and other disciplinary actions up to and including termination of employment.

Assault Leave. A. An employee A teacher who must be absent due to physical disability resulting from an unprovoked assault on such employee teacher which occurs in the course of Board employment, on school grounds, during school hours or where required to be in attendance at a school sponsored function, employment and/or Board-related activities shall be eligible for assault leave. Full pay status (days not charged to sick leave) under Assault Leave assault leave can be granted up to a maximum of the first five fifteen (515) days beginning with the first day of said leaveabsence due to an assault. At the end of the five fifteen (515) days, days the employee teacher may use sick leave or receive workmenworker's compensation (if eligible eligible) for the period of the physical disability). B. . Eligibility shall be determined by the Superintendent and will be based on a signed statement on the appropriate form which shall include but not be limited to the following: 1. Nature of the injury 2. Date and time of occurrence 3. Identification of the individual(s) individual or individuals causing the assault if known 4. Facts and circumstances surrounding the assault 5. A certification from a licensed physician describing the nature of the injury sustained causing absence. The Board may require, at Board expense, a second opinion to verify that the employee is unable to return to work as a result of an assault. Should conflicting opinions be forthcoming from these two (2) physicians, a third physician's opinion shall be determinative. 6. If the employee is eligible for assault leave but not workmen's compensation, the Board and the employee will share the cost of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. assaulter or assaulters. If sick leave becomes exhausted, the employee teacher may apply for additional further sick leave. Whether such additional leave is granted, granted shall be determined solely by the Superintendent. D. . Following such leave, the employee leave employees shall be returned to duty, duty provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made by the Superintendent based on the opinion of the employeeteacher's licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits or the physician’s certificate, 's certificate is grounds for suspension or termination of employment.

Assault Leave. A. An employee who Assault leave (at no loss of pay) will be available to all bargaining unit members subject to the following provisions: 1. The bargaining unit member must be absent due unable to physically perform his/her contracted duties because of a physical disability resulting from an unprovoked injury caused by a physical attack on said individual while he/she was performing his/her contracted duties with the Board. 2. A request for assault on such employee which occurs in the course of Board employment, on school grounds, during school hours or where required to be in attendance at a school sponsored function, leave shall be eligible for assault leave. Full pay status (days not charged to sick leave) under Assault Leave can be granted up to a maximum of the first five (5) days beginning with the first day of said leave. At the end of the five (5) days, the employee may use sick leave or receive workmen's compensation (if eligible for the period of the physical disability). B. Eligibility shall be determined by the Superintendent and will be based on a signed statement made on the appropriate form which shall include but not be limited to the followingfollowing information: 1. Nature a. The nature of the injury; 2. Date b. The date, time, and time place of the occurrence; 3. c. Identification of the individual(s) individual or individuals causing the assault (if known); 4. d. Facts and circumstances surrounding the assault; 5. A certification e. At Board expense, a certificate from a licensed physician describing the nature of the injury sustained causing absencephysical disability and its probable duration. 3. The form shall be returned to the Superintendent as soon after the occurrence as is possible and practical. No assault leave may be approved prior to receipt of the written, completed application form. 4. The bargaining unit member, if requested, shall consent to an examination at Board-expense by a Board-designated physician at a reasonable time and place. 5. The Board shall be responsible for determining the applicant’s eligibility for assault leave. Such determination shall be based upon the information evidenced by the request form, and the physician’s certification(s) of the need for such assault leave. 6. If the employee is eligible for assault leave but not workmen's compensation, The bargaining unit member shall agree to cooperate fully in pursuing any legal or police action by the Board and the employee will share the cost on behalf of the physician's examinationbargaining unit member and/or the Board. 7. The assaulted party Assault leave will be limited to a maximum of ten (10) working days per school year, not chargeable to sick leave or personal leave, and the Board agree shall be non-accumulative from year to cooperate with each other if either decides to pursue legal action against the assaulter(s)year. C. 8. If sick upon the exhaustion of the allowed assault leave becomes exhausteddays, the employee individual is unable to perform his/her contracted duties, he/she may apply for additional sick leave. Whether such additional , xxxxxxx’x compensation (if eligible), an unpaid leave is granted, shall be determined solely by the Superintendent. D. Following such leave, the employee shall be returned to duty, provided their contracts have not expired, they have not resignedof absence, or that they have not become eligible for disability retirement. Such a determination Should the individual qualify for worker’s compensation, he/she shall be made by receive the Superintendent based on difference in pay between his/her regular rate of pay and worker’s compensation benefits until such time as the opinion of the employee's licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits or the physician’s certificate, is grounds for suspension or termination of employmentbenefit terminates.

Assault Leave. A. An employee Assault leave will be granted to a unit member who must be is absent due to a physical disability resulting from an unprovoked assault on such employee by any person, which occurs in while the course unit member is acting within the scope of Board employmenthis/her assigned duties. When assault leave is granted, the unit member will be maintained on school grounds, during school hours or where required to be in attendance at a school sponsored function, shall be eligible for assault leave. Full full pay status (days and the leave will not be charged to against earned or earnable sick leave) under . A. Assault Leave can leave may be granted up to a maximum one hundred eighty-four (184) school days. Additional days may also be granted at the discretion of the first five (5) days beginning with the first day of said leave. At the end Superintendent who may request an examination by a physician of the five (5) days, the employee may use sick leave or receive workmenBoard's compensation (if eligible for the period of the physical disability)choice. B. Eligibility shall be determined by the Superintendent and will be based The unit member is required to make a formal application on a signed statement on the appropriate form which shall include but not be limited to the following:prescribed forms requesting assault leave. 1. Nature The unit member is required to make a formal application on the assault leave form (Appendix F) requesting assault leave. Said statement shall completely describe the circumstances and behavior of the injuryall pertinent parties. 2. Date and time of occurrence 3. Identification of the individual(s) causing the assault if known 4. Facts and circumstances surrounding the assault 5. A The application must also include medical certification from a licensed physician describing stating the nature of the injury sustained causing absencedisability and its duration. The Superintendent may request additional information from the unit member to substantiate the need for and duration of the leave. 63. If the employee is eligible for assault leave but not workmen's compensation, the Board Both 1. and the employee will share the cost 2. must be on file before approval of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall be determined solely given by the Superintendent. D. Following such leave, 4. The application must be filed with the employee shall Superintendent within fifteen (15) school days of the alleged assault. 5. The fifteen (15) day requirement in 4. may be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made extended by the Superintendent based on the opinion of the employee's licensed physicianSuperintendent. 6. Falsification of either the signed statement to determine eligibility for assault leave benefits or the a physician’s certificate, 's certificate is grounds for suspension or termination of employment. C. The Superintendent shall approve or disapprove the assault leave request in writing on the application form. A copy shall be forwarded to the applicant. D. Upon approval of the leave, all charges against sick leave or statements of unexcused absence shall be removed. E. In cases where assault does not result in a physical disability, the assault leave privileges cited above may be granted. F. In cases of rape or attempted rape on school property, at a school function or by school related personnel, assault leave shall be granted. G. A unit member receiving assault leave agrees to provide written and/or verbal testimony to assist the Board and the administration as necessary to insure appropriate disciplinary action is taken against the attacker, as well as agrees to file charges with the appropriate authorities. In any case, the unit member acting in a personal capacity has the right to take whatever legal action desired. H. The unit member has the right to file for Workers' Compensation.

Assault Leave. A. An employee who must will be absent due to eligible for assault leave when it is clearly established that such absence has directly resulted from a physical disability resulting from an unprovoked assault on such employee which occurs in occurring during the course of Board employment, employment on school grounds, during school hours hours, or where required to be in attendance at a school sponsored function, shall be eligible for assault leavefunctions at which attendance is required. Full pay status (days not charged to sick leave) under Assault Leave can be granted up to a maximum of the first five thirty (530) days beginning days. Before assault leave compensation will be provided, an assault report with the first day of said leave. At the end appropriate law enforcement agency must be filed within seventy-two (72) hours of the five (5) daysalleged assault. This period may be extended if the extent of the employee’s injuries preclude filing a timely report. However, if the assault occurs, which is caused by a student whose behavior is a manifestation of his/her disability, the employee may use sick leave or receive workmen's compensation (if eligible for not be required to file such a report as determined by the period of the physical disability). B. Eligibility administration. Such eligibility shall be determined by the Superintendent or designee and will be based on a signed statement on the appropriate form which shall include include, but not be limited to to, the following: 1. (a) Nature of the injury. 2. (b) Date and time of occurrence. 3. (c) Identification of the individual(s) individual or individuals causing the assault assault, if known. 4. (d) Facts and circumstances surrounding the assault. 5. (e) A certification certificate from a licensed physician describing the nature of the injury sustained causing absence. 6. If the employee is eligible for assault leave but not workmen's compensationHowever, the Board has the explicit right to require the employee to see a Board appointed physician, at the Board expense, to obtain a second opinion regarding the severity of the injury and the employee will share the cost of the physician's examinationnecessary leave time. 7. The assaulted party (f) A statement indicating a willingness to participate and cooperate with the Board agree to cooperate with each other of Education if either the Board decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall Such payment under Assault Leaves to be determined solely by the Superintendent. D. in lieu of any per diem income from Workers’ Compensation. Following such leave, the employee shall be returned to dutyduty provided he/she is physically fit to assume normal responsibilities, provided their contracts have not expired, they have has not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made by the Superintendent or designee, based on the opinion of the employee's ’s licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits or the physician’s certificate, certificate is grounds for suspension or termination of employment. The Board will support and cooperate with any employee who uses reasonable force in restraining a student who is causing or threatening to cause harm to another person.

Assault Leave. A. An employee Xxxxxxx leave will be granted to a unit member who must be is absent due to a physical disability resulting from an unprovoked assault on such employee by any person, which occurs in while the course unit member is acting within the scope of Board employmenthis/her assigned duties. When assault leave is granted, the unit member will be maintained on school grounds, during school hours or where required to be in attendance at a school sponsored function, shall be eligible for assault leave. Full full pay status (days and the leave will not be charged to against earned or earnable sick leave) under . A. Assault Leave can leave may be granted up to a maximum one hundred eighty-four (184) school days. Additional days may also be granted at the discretion of the first five (5) days beginning with the first day of said leave. At the end Superintendent who may request an examination by a physician of the five (5) days, the employee may use sick leave or receive workmenBoard's compensation (if eligible for the period of the physical disability)choice. B. Eligibility shall be determined by the Superintendent and will be based The unit member is required to make a formal application on a signed statement on the appropriate form which shall include but not be limited to the following:prescribed forms requesting assault leave. 1. Nature The unit member is required to make a formal application on the assault leave form (Appendix F) requesting assault leave. Said statement shall completely describe the circumstances and behavior of the injuryall pertinent parties. 2. Date and time of occurrence 3. Identification of the individual(s) causing the assault if known 4. Facts and circumstances surrounding the assault 5. A The application must also include medical certification from a licensed physician describing stating the nature of the injury sustained causing absencedisability and its duration. The Superintendent may request additional information from the unit member to substantiate the need for and duration of the leave. 63. If the employee is eligible for assault leave but not workmen's compensation, the Board Both 1. and the employee will share the cost 2. must be on file before approval of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall be determined solely given by the Superintendent. D. Following such leave, 4. The application must be filed with the employee shall Superintendent within fifteen (15) school days of the alleged assault. 5. The fifteen (15) day requirement in 4. may be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made extended by the Superintendent based on the opinion of the employee's licensed physicianSuperintendent. 6. Falsification of either the signed statement to determine eligibility for assault leave benefits or the a physician’s certificate, 's certificate is grounds for suspension or termination of employment. C. The Superintendent shall approve or disapprove the assault leave request in writing on the application form. A copy shall be forwarded to the applicant. D. Upon approval of the leave, all charges against sick leave or statements of unexcused absence shall be removed. E. In cases where assault does not result in a physical disability, the assault leave privileges cited above may be granted. F. In cases of rape or attempted rape on school property, at a school function or by school related personnel, assault leave shall be granted. G. A unit member receiving assault leave agrees to provide written and/or verbal testimony to assist the Board and the administration as necessary to insure appropriate disciplinary action is taken against the attacker, as well as agrees to file charges with the appropriate authorities. In any case, the unit member acting in a personal capacity has the right to take whatever legal action desired. H. The unit member has the right to file for Workers' Compensation.

Assault Leave. A. An employee Xxxxxxx leave will be granted to a unit member who must be is absent due to a physical disability resulting from an unprovoked assault on such employee by any person, which occurs in while the course unit member is acting within the scope of Board employmenthis/her assigned duties. When assault leave is granted, the unit member will be maintained on school grounds, during school hours or where required to be in attendance at a school sponsored function, shall be eligible for assault leave. Full full pay status (days and the leave will not be charged to against earned or earnable sick leave) under Assault Leave can . X. Xxxxxxx leave may be granted up to a maximum one hundred and eighty four (184) school days. Additional days may also be granted at the discretion of the first five (5) days beginning with the first day of said leave. At the end Superintendent who may request an examination by a physician of the five (5) days, the employee may use sick leave or receive workmenBoard's compensation (if eligible for the period of the physical disability)choice. B. Eligibility shall be determined by the Superintendent and will be based The unit member is required to make a formal application on a signed statement on the appropriate form which shall include but not be limited to the following:prescribed forms requesting assault leave. 1. Nature The unit member is required to make a formal application on the assault leave form (Appendix F) requesting assault leave. Said statement shall completely describe the circumstances and behavior of the injuryall pertinent parties. 2. Date and time of occurrence 3. Identification of the individual(s) causing the assault if known 4. Facts and circumstances surrounding the assault 5. A The application must also include medical certification from a licensed physician describing stating the nature of the injury sustained causing absencedisability and its duration. The Superintendent may request additional information from the unit member to substantiate the need for and duration of the leave. 63. If the employee is eligible for assault leave but not workmen's compensation, the Board Both 1. and the employee will share the cost 2. must be on file before approval of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall be determined solely given by the Superintendent. D. Following such leave, 4. The application must be filed with the employee shall Superintendent within fifteen (15) school days of the alleged assault. 5. The fifteen (15) day requirement in 4. may be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made extended by the Superintendent based on the opinion of the employee's licensed physicianSuperintendent. 6. Falsification of either the signed statement to determine eligibility for assault leave benefits or the a physician’s certificate, 's certificate is grounds for suspension or termination of employment. C. The Superintendent shall approve or disapprove the assault leave request in writing on the application form. A copy shall be forwarded to the applicant. D. Upon approval of the leave, all charges against sick leave or statements of unexcused absence shall be removed. E. In cases where assault does not result in a physical disability, the assault leave privileges cited above may be granted. F. In cases of rape or attempted rape on school property, at a school function or by school related personnel, assault leave shall be granted. X. A unit member receiving assault leave agrees to provide written and/or verbal testimony to assist the Board and the administration as necessary to insure appropriate disciplinary action is taken against the attacker, as well as agrees to file charges with the appropriate authorities. In any case, the unit member acting in a personal capacity has the right to take whatever legal action desired. X. The unit member has the right to file for Workers' Compensation.

Assault Leave. A. An employee Xxxxxxx leave will be granted to a unit member who must be is absent due to a physical disability resulting from an unprovoked assault on such employee by any person, which occurs in while the course unit member is acting within the scope of Board employmenthis/her assigned duties. When assault leave is granted, the unit member will be maintained on school grounds, during school hours or where required to be in attendance at a school sponsored function, shall be eligible for assault leave. Full full pay status (days and the leave will not be charged to against earned or earnable sick leave) under . A. Assault Leave can leave may be granted up to a maximum one hundred and eighty four (184) school days. Additional days may also be granted at the discretion of the first five (5) days beginning with the first day of said leave. At the end Superintendent who may request an examination by a physician of the five (5) days, the employee may use sick leave or receive workmenBoard's compensation (if eligible for the period of the physical disability)choice. B. Eligibility shall be determined by the Superintendent and will be based The unit member is required to make a formal application on a signed statement on the appropriate form which shall include but not be limited to the following:prescribed forms requesting assault leave. 1. Nature The unit member is required to make a formal application on the assault leave form (Appendix F) requesting assault leave. Said statement shall completely describe the circumstances and behavior of the injuryall pertinent parties. 2. Date and time of occurrence 3. Identification of the individual(s) causing the assault if known 4. Facts and circumstances surrounding the assault 5. A The application must also include medical certification from a licensed physician describing stating the nature of the injury sustained causing absencedisability and its duration. The Superintendent may request additional information from the unit member to substantiate the need for and duration of the leave. 63. If the employee is eligible for assault leave but not workmen's compensation, the Board Both 1. and the employee will share the cost 2. must be on file before approval of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall be determined solely given by the Superintendent. D. Following such leave, 4. The application must be filed with the employee shall Superintendent within fifteen (15) school days of the alleged assault. 5. The fifteen (15) day requirement in 4. may be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made extended by the Superintendent based on the opinion of the employee's licensed physicianSuperintendent. 6. Falsification of either the signed statement to determine eligibility for assault leave benefits or the a physician’s certificate, 's certificate is grounds for suspension or termination of employment. C. The Superintendent shall approve or disapprove the assault leave request in writing on the application form. A copy shall be forwarded to the applicant. D. Upon approval of the leave, all charges against sick leave or statements of unexcused absence shall be removed. E. In cases where assault does not result in a physical disability, the assault leave privileges cited above may be granted. F. In cases of rape or attempted rape on school property, at a school function or by school related personnel, assault leave shall be granted. G. A unit member receiving assault leave agrees to provide written and/or verbal testimony to assist the Board and the administration as necessary to insure appropriate disciplinary action is taken against the attacker, as well as agrees to file charges with the appropriate authorities. In any case, the unit member acting in a personal capacity has the right to take whatever legal action desired. H. The unit member has the right to file for Workers' Compensation.