Member Protection. 8.1 When a meeting with an OPE member is being called for the purpose of discipline, demotion, or discharge, the member shall be advised of his/her right to representation prior to the beginning of any such conference or meeting and be given no more than 10 business days to arrange for representation.
8.2 No member shall be disciplined without due process.
8.3 The Board shall maintain safe, sanitary, and healthful working conditions.
8.4 Members shall have authority and within the scope of their employment, shall exercise responsibility for the control of students during the school day and also during the supervision of school sponsored activities. Members shall be expected to take reasonable action in accordance with current school practice to deter acts of vandalism, willful waste of materials and utilities, verbal and physical abuse of persons and any and all forms of violence. A member may use reasonable force in self-defense or in the restraint of a student to prevent harm to that student, to other students, faculty and staff.
8.5 When a member is charged with personal civil liability arising from an event or action taken by the member within the scope of employment of the member in the ordinary and/or appropriate performance of his duties and/or responsibilities, he or she will be covered by liability insurance provided by the Baltimore County Public Schools in accordance with the provisions of Sections 4-105 and 4-106 of the Education Article, Annotated Code of Maryland. In any suit or claim brought against a member as a result of an intervention as described in section 8.4 above, the Board shall provide legal counsel and indemnity in accordance with Section 7-307 (c) of the Education Article, Annotated Code of Maryland.
8.6 Procedure in Case of Threat (Assault) and/or Physical Attack (Battery)
Member Protection. No recourse under or upon any obligation, covenant or agreement contained in this Agreement, or any other agreements or documents pertaining to the Services of the Consultant or any Subconsultant hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or under any judgment obtained against the Owner or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Agreement, shall be had against any member, officer, employee or agent, as such, past, present or future, of Owner either directly or through Owner or otherwise, for any claim arising out of this Agreement or the Services rendered pursuant to it, or for any sum that may be due and unpaid by the Owner. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any Owner member, officer, employee or agent as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of this Agreement for the Services rendered pursuant to it, or for the payment for or to the Owner, or any receiver therefore or otherwise, of any sum that may remain due and unpaid by the Owner, is hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement.
Member Protection. No member of the Bargaining Unit shall be discriminated against by the Board, by any administrative officer of the district, or by any employee organization, its officers, or any member thereof because of his/her exercise or non-exercise of rights under this contract. It shall be prohibited for an employee organization, employee or employer to impede, restrain or coerce an employer or employees in the exercise of their rights. (§70-509.9)
Member Protection. No recourse under or upon any obligation, covenant or agreement contained in this Agreement, or any other agreements or documents pertaining to the operations of Company under this Agreement, as this Agreement may from time to time be altered or amended in accordance with the provisions hereof, or under any judgment obtained against the Aviation Authority, or by enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Agreement, shall be had against any past, present or future member, officer, employee or agent, of the Aviation Authority, as such, either directly or through the Aviation Authority or otherwise, for any claim arising out of this Agreement or the operations conducted pursuant to it, or for any sum that may be due and unpaid by the Aviation Authority. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any Aviation Authority member, officer, employee or agent, as such, to respond by reason of any act or omission on his or her part of otherwise for any claim arising out of this Agreement or the operations conducted pursuant to it, or for the payment of or to the Aviation Authority, or any receiver therefor or otherwise, of any sum that may remain due and unpaid by the Aviation Authority, is hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement.
Member Protection. Vendor and United agree that in no event, including, but not limited to (a) non-payment for Covered Services provided to Members; (b) insolvency of Vendor, United or another Payor; or (c) breach by United or Vendor of any term or condition of this Agreement or any term or condition of a Provider Agreement, shall United or Vendor xxxx, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against any Member or persons acting on behalf of the Member for Covered Services eligible for reimbursement under the Member’s Benefit Plan. The provisions of this Section shall: (i) be construed in favor of the Member; (ii) survive the termination of this Agreement regardless of the reason for termination; and (iii) supersede any oral or written agreement, existing or subsequently entered into, between any of the parties to this Agreement or a Participating Provider and a Member or the representative of the Member if such agreement is inconsistent with this Section. This Section shall not prohibit collection of any allowed amounts that are the Member’s responsibility to pay for Covered Services to a Participating Provider in accordance with the applicable Benefit Plan. It also shall not prohibit the collection of charges for services that are not Covered Services as defined in the Benefit Plan; provided, however, that the Member has been informed of the costs for non-covered services prior to the rendering of such services and has agreed in writing to accept responsibility for payment for such services. The Member’s written consent shall be in a form agreed to by the parties and in compliance with any applicable state and federal law. This provision also shall not prohibit payment for any Covered Services delivered after expiration of benefits under the relevant Benefit Plan. If requested by United, Vendor shall submit to United any Member’s written acknowledgement to accept responsibility for non-Covered Services provided to him/her. Vendor shall ensure that Vendor’s Provider Agreements with Participating Providers are consistent with the obligations in this Section. This Section applies when any applicable statutes and regulations require that the Member be held harmless from any and all costs, which are the legal obligation of Vendor, United or another Payor.
Member Protection. 8.1 When a meeting with a CASE member is convened for the purpose of discipline, demotion, or discharge, the member shall be advised of his/her right to representation prior to the beginning of any such conference or meeting and be given no more than ten (10) business days to arrange for representation.
8.2 No employee shall be disciplined, reprimanded, reduced in compensation, or deprived of any professional advantage as defined in this agreement without just cause. When imposing discipline the Board will, in appropriate circumstances, employ progressive discipline which consists of corrective counseling, warning letter, official letter of reprimand, suspension and discharge. The sequential use of these steps will depend upon the nature and the severity of the infraction.
Member Protection. Any bargaining unit member who believes his/her complaint is not being addressed per Board policy/procedure or is disciplined as a result of a sexual harassment complaint may file a grievance. Provided, however, that the grievance shall not be subject to the arbitration step of the grievance procedure, if it involves a discharge or demotion within the meaning of the Michigan Teacher Tenure Act. If the use of the grievance procedure would result in the accused harasser hearing the grievance, the grievance may be transmitted to the next step at the option of the grievant. Although the parties agree that communications regarding a complaint of sexual harassment are to be kept confidential, it is recognized that complete confidentiality cannot be assured due to the potential need to engage in actions such as investigating the complaint, processing a grievance, imposing discipline, prosecuting or defending a law suit or other administrative action, or other action that may be required by law. The Board will endeavor to protect the right to confidentiality of both the accused and the accuser in matters involving a sexual harassment complaint, but it is recognized that there may be circumstances limiting the Board’s ability to do so (e.g., disclosures by individuals who are not employed by the District).
Member Protection. Any bargaining unit member accused of sexual harassment shall be entitled to all the protection of this agreement, including, but not limited to, Article 8.9(b) (Just Cause), Article 8.8 (Union Representation), and Article 8.10 (Personnel File).
Member Protection. Any teacher who is dissatisfied with the Employer’s response to his/her complaint of harassment may file a grievance (
Member Protection. Agent or Agency agrees that in no event shall Agent or Agency, or any Downstream Entity bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against a Member or any other person(s) acting on a Member’s behalf, for services provided under this Agreement, or for any other fees that are the legal obligation of Medica under the applicable CMS Contract. This provision applies, but is not limited to, the following events: (a) nonpayment by Medica; (b) insolvency of Medica; or (c) breach of the Agreement by Medica.
