Legal Protection 7.14.1 The University shall provide legal representation to any Member of the Bargaining Unit who is named a defendant in a civil action based on performance of the Member’s duties within the scope of employment. Legal representation will be at the Member’s request, subject to the approval of the Ohio Attorney General and in accordance with Ohio law. Pursuant to Ohio Revised Code Section 9.87 the University shall seek indemnification from the state for liability or judgment of any Member of the Bargaining Unit resulting from the performance of his or her duties for the University. Nothing in this Section is intended to expand or conflict with current Ohio law.
7.14.2 As long as the University continues to provide liability insurance coverage pursuant to ORC 3345.202 for any member of the University Board of Trustees or any University officer, the University shall continue to provide that level of liability insurance coverage for each Bargaining Unit Faculty Member.
PROTECTION OF TEACHERS A. The Board recognizes its responsibility to give reasonable support and assistance to Teachers for the maintenance of control and discipline in the classroom. Each Teacher, however, bears the primary responsibility for maintaining proper control and discipline in the classroom.
B. As permitted by Section 1309 of the Revised School Code, a Teacher may temporarily exclude a student from one (1) class when the nature of the offense, the persistence of the misbehavior, or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. In such cases, the Teacher will furnish the Principal with written particulars of the incident as promptly as teaching obligations allow. Upon request of the Principal, the Teacher shall notify the student’s parent of the nature of the offense. If the Principal determines the need for a meeting with the student’s parent, the Teacher shall attend that meeting.
C. The Teachers recognize that all disciplinary actions and methods invoked by them shall be reasonable and just.
D. Any assault or threatened assault upon a Teacher, resulting from his/her position as a Teacher, shall be promptly reported to the Building Principal by the Teacher or representative. The Board shall provide legal counsel, if requested in writing by the Teacher, to advise the Teacher of the Teacher’s rights and obligations as to such assault. The Board will provide reasonable assistance to the Teacher in working with law enforcement and judicial authorities, unless such counsel and assistance are provided through the Association.
E. If a Teacher is complained against or sued as a result of any reasonable action as defined by a court of law and taken by the Teacher while in the scope of his/her employment with the District, the Board shall provide legal counsel and render all reasonable assistance, as appropriate, to the Teacher in his/her defense when requested in writing by the Teacher. This section shall only require the provision of legal counsel and shall not be interpreted to interfere with the Board’s right to exercise supervision and control, including discharge of the Teacher. If a final decision issued by a court or administrative agency indicates the Teacher’s liability for this action, all costs of assistance rendered by the District to the Teacher pursuant to this paragraph and not covered by the District’s insurance carrier, shall be reimbursed by the Teacher.
F. Except for disciplinary suspension or discharge, or for incarceration, any work time lost by a Teacher in connection with an incident identified in Article 9.D, not compensable under Workers’ Compensation, shall not be charged against the Teacher, unless the Teacher is adjudged liable by an agency or court of competent jurisdiction. When Workers’ Compensation is paid, the Board shall pay the difference between that sum and the Teacher’s regular salary, but not to exceed the current year’s contract. No deduction of leave shall be made under these circumstances.
G. In case of an assault by a student(s) on a Teacher acting in the line of duty, or other action taken by or against a Teacher in the line of duty, causing damage to the Teacher’s personal property, including clothing, the Board shall make an equitable financial settlement for such loss with the Teacher involved.
H. Any complaint directed toward a Teacher shall be promptly called to the Teacher’s attention unless otherwise prohibited by law. This requirement shall not prevent the Supervisor from screening out xxxxx gripes.
I. Teachers shall be expected to exercise reasonable care as to the safety of students and property.
TEACHER PROTECTION A. The teachers shall have the right to review those things in his/her personnel file to which he/she is entitled by Law. At the option of the teacher, a representative of the Association may be present for such review. Each file shall contain a record indicating reviewer and date of review, excluding school personnel official access for record maintenance.
B. The teacher may submit a written notation regarding any material and the same will be attached to the file copy of the material in question. If the teacher is asked to sign material placed in his/her file, such signature will be understood to indicate his/her awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material.
X. Any serious complaint made against a teacher by any parent, student, and other person will be promptly called to the attention of the teacher.
D. If a teacher is to be disciplined or reprimanded by the Board or its designee, he/she shall be entitled to have a representative of the Association present. That representative shall be the teacher's choice between the building representative or another Association officer.
E. Each teacher has the responsibility for maintaining proper student control and discipline throughout the school day as well as at school-sponsored activities where he/she is serving as a sponsor or chaperone. The teacher, however, has the primary responsibility for maintaining control and discipline in his/her classroom. The Board will give reasonable support and assistance to teachers with respect to maintenance of control and discipline. Whenever is appears that a particular pupil requires special attention, reasonable steps shall be taken to provide such attention. The teachers recognize that all disciplinary actions and methods invoked by them shall be in accordance with established Board policy.
F. Any case of assault upon a teacher which is related to a school-centered problem shall be promptly reported to the Board or its designated representative. If the assault was by a pupil or pupils, the Administration shall promptly investigate the matter and determine suitable discipline for the assaulting pupil. This decision shall be communicated to the teacher concerned. If the assault is by an adult, who is not a pupil, the Board its designee representative shall promptly report the incident to the proper law enforcement authorities.
G. A teacher may suspend a pupil from one (1) period, when the grossness of the offense, the persistence of the misbehavior, or the disruptive effect of the violation makes the continued presence of the student in that classroom intolerable. In such cases, the teacher will promptly (by the end of the school day) furnish the administrator or counselor full particulars of the incident. The teacher and the administration will cooperatively endeavor to achieve correction of student behavior through whatever avenues are reasonably available.
H. School administrators and teachers will endeavor to achieve correction of the students' misbehavior through counseling and interviews with the child and his/her parents when warranted.
Data Protection All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (XXXX)). The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.
Application of Takeover Protections The Company and the Board of Directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or other similar anti-takeover provision under the Company’s certificate of incorporation (or similar charter documents) or the laws of its state of incorporation that is or could become applicable to the Purchasers as a result of the Purchasers and the Company fulfilling their obligations or exercising their rights under the Transaction Documents, including without limitation as a result of the Company’s issuance of the Securities and the Purchasers’ ownership of the Securities.
Privacy and Data Protection 8.1 The Receiving Party undertakes to comply with South Africa’s general privacy protection in terms Section 14 of the Xxxx of Rights in connection with this Bid and shall procure that its personnel shall observe the provisions of such Act [as applicable] or any amendments and re-enactments thereof and any regulations made pursuant thereto.
8.2 The Receiving Party warrants that it and its Agents have the appropriate technical and organisational measures in place against unauthorised or unlawful processing of data relating to the Bid and against accidental loss or destruction of, or damage to such data held or processed by them.
Freedom of Information and Protection of Privacy Act Any information provided on this contract may be subject to release under the Freedom of Information and Protection of Privacy Act. The Contractor may be consulted prior to release of any information.
Job Protection 15.9.1 Subject to 15.10 below, an employee returning from parental leave is entitled to resume work in the same position or a similar position to the one they occupied at the time of commencing parental leave. A similar position means a position:
(a) At the equivalent salary, grading;
(b) At the equivalent weekly hours of duty;
(c) In the same location or other location within reasonable commuting distance; and
(d) Involving responsibilities broadly comparable to those experienced in the previous position.
15.9.2 Where applicable, employees shall continue to be awarded increments when their incremental date falls during absence on parental leave.
Whistleblower Protections and Trade Secrets Notwithstanding anything to the contrary contained herein, nothing in this Agreement prohibits Executive from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement: (i) Executive shall not be in breach of this Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (x) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (y) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (ii) if Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Executive may disclose the trade secret to Executive’s attorney, and may use the trade secret information in the court proceeding, if Executive files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order.
Child Protection The Contractor acknowledges that it (and its personnel) are aware of the requirements of the Child Protection (Working with Children) Act 2012 (NSW) and all related laws concerning child protection (Child Protection Laws). The Contractor will ensure that it (and its personnel) comply with the requirements of the Child Protection Laws and policies of the DoE relating to child protection as notified to the Contractor from time to time. The Contractor must, at the Contractor’s expense, certify that the Contractor and the Contractor’s personnel are not a prohibited person under any Child Protection Laws and undergo any other screening, such as the ‘Working with Children Check’, as required under Child Protection Laws or by the School (or DoE). Any of the Contractor’s personnel that is a prohibited person under any Child Protection Laws must not be engaged in providing any Services. The Contractor is to immediately advise the Department if it becomes aware that it (or its personnel) are the subject of a reportable allegation involving children.
