Common use of Assaults and Harassment Clause in Contracts

Assaults and Harassment. 1. For the purposes of school discipline “assault” means actual or attempted hitting, striking, or other wrongful physical contact inflicted on another either directly or indirectly through an object, and/or a verbal racial threat or threat to do physical harm in accordance with all applicable state laws. See also Section 4.5.C as it relates to assaults. 2. Employees shall be able to work in an environment free from unlawful harassment, including sexual harassment. 3. The District will take necessary and reasonable steps to protect employees who are the subjects of harassment (including sexual harassment), bullying (including cyber bullying), and/or stalking, intimidation, impersonation, assaults or threats, regardless if this activity takes place on school campus or off, during the school day, or after hours, as long as such conduct is related to the performance of duties for the District. 4. When there is reasonable belief of imminent assault or harassment, any student found to have assaulted, threatened, harassed or bullied an employee will not be returned to the employee’s classroom or instructional area without mutual approval of the employee and building administrator. 5. The District will: a. investigate all complaints, allegations, or evidence of such misconduct; b. conduct a threat assessment process, when appropriate, that includes both school and district staff and considers levels of risk; social, emotional and behavioral factors that promote a safe and civil work environment; and a wide range of interventions and sanctions to maximize staff and student safety while maintaining students’ due process rights. A copy of the District threat assessment protocol is available from the building principal or employee supervisor and staff will be informed of the protocol annually. c. conduct an assault response process in the event of a physical assault of a staff member by a student. See Exhibit L for the Assault Response Protocol. d. take disciplinary actions against students and/or employees for engaging in such misconduct; student discipline will be consistent with Section 4.5 of this contract. If a student is found to have committed any of the infractions described in this section, the employee’s recommendation for discipline will be given due consideration. e. notify law enforcement agencies regarding such misconduct, when the District determines it is appropriate, and remind the employee of his or her right to contact law enforcement; f. cooperate in the prosecution of offenders charged for such misconduct; and g. report to the employee any findings and actions. 6. The Employee(s) may file a complaint with the District under the District’s policies and procedures when the employee becomes aware of an assault or harassment, bullying, intimidation, or threats; and will cooperate fully with the District’s investigation of such misconduct. Employees will not be required to sign a confidentiality agreement but will comply with all legal responsibilities under FERPA and IDEA. 7. When the District investigates allegations of harassment, bullying, intimidation or threats, the District will provide a letter to the employee at the conclusion of the investigation that identifies corroborated allegations, if any, and allegations that were not substantiated, if any. The employee may attach any additional information to such letter and use the letter as he or she sees fit.

Assaults and Harassment. 1. For the purposes of school discipline “assault” means actual or attempted hitting, striking, or other wrongful physical contact inflicted on another either directly or indirectly through an object, and/or a verbal racial threat or threat to do physical harm in accordance with all applicable state laws. See also Section 4.5.C as it relates to assaults. 2. Employees shall be able to work in an environment free from unlawful harassment, including sexual harassment. 3. The District will take necessary and reasonable steps to protect employees who are the subjects of harassment (including sexual harassment), bullying (including cyber bullying), and/or stalking, intimidation, impersonation, assaults or threats, regardless if this activity takes place on school campus or off, during the school day, or after hours, as long as such conduct is related to the performance of duties for the District. District administrators will respond to assaults and other violent or aggressive behaviors by taking all steps outlined in the school safety protocol (developed by the joint committee described in Exhibit K-4). This portion of the contract regarding the school safety protocol will be reopened no later than April 1, 2017 for the purpose of reviewing, amending, and/or accepting the work of the joint committee. 4. When there is reasonable belief of imminent assault or harassment, any student found to have assaulted, threatened, harassed or bullied an employee will not be returned to the employee’s classroom or instructional area without mutual approval of the employee and building administrator. 5. The District will: a. investigate all complaints, allegations, or evidence of such misconduct; b. conduct a threat assessment process, when appropriate, that includes both school and district staff and considers levels of risk; social, emotional and behavioral factors that promote a safe and civil work environment; and a wide range of interventions and sanctions to maximize staff and student safety while maintaining students’ due process rights. A copy of the District threat assessment protocol is available from the building principal or employee supervisor and staff will be informed of the protocol annually. c. conduct an assault response process in the event of a physical assault of a staff member by a student. See Exhibit L for the Assault Response Protocol. d. take disciplinary actions against students and/or employees for engaging in such misconduct; student discipline will be consistent with Section 4.5 of this contract. If a student is found to have committed any of the infractions described in this section, the employee’s recommendation for discipline will be given due consideration. e. c. notify law enforcement agencies regarding such misconduct, when the District determines it is appropriate, and remind the employee of his or her right to contact law enforcement; f. d. cooperate in the prosecution of offenders charged for such misconduct; and g. e. report to the employee any findings and actions. 6. The Employee(s) may file a complaint with the District under the District’s policies and procedures when the employee becomes aware of an assault or harassment, bullying, intimidation, or threats; and will cooperate fully with the District’s investigation of such misconduct. Employees will not be required to sign a confidentiality agreement but will comply with all legal responsibilities under FERPA and IDEA. 7. When the District investigates allegations of harassment, bullying, intimidation or threats, the District will provide a letter to the employee at the conclusion of the investigation that identifies corroborated allegations, if any, and allegations that were not substantiated, if any. The employee may attach any additional information to such letter and use the letter as he or she sees fit.