PROTECTION OF EDUCATORS. 20.1 The Board recognizes its responsibilities to give all reasonable support and assistance to the educators in the performance of their professionally assigned duties. 20.1.1 Any educator who suffers from an assault in connection with their employment shall, as soon as practicable, make a written report of the circumstances thereof to their principal and shall make supplemental written reports attaching copies of any summons, complaint, process information, indictment, notice or demand served upon them in connection with such assault within five (5) days after they have been served therewith, and reporting the final disposition of any such proceeding. 20.1.1.1 The principal or district support team member shall provide written response to the individual within ten (10) working days following receipt of the written complaint, or within such lesser period of time as may be required by applicable law. The response shall reflect findings made in the investigation and any disciplinary action proposed or completed except to the extent such disclosure would be contrary to law. 20.1.2 Such reports will be forwarded to the Board through the Superintendent's Office. In the event civil proceedings are brought against the educator, the Board will comply with any request by the educator for information in the Board's possession not privileged by law or policy of the district and relevant to the incident reported. 20.1.3 If civil proceedings are brought against an educator alleging that they committed an assault or injury in connection with their employment, such educator, after making the reports described in Article 20.1.1 above, may request the Board's assistance in the preparation of the educator's defense. Upon receipt of such request, the Board will instruct its attorney to consult with the educator's legal counsel and cooperate with them in the preparation of the educator's defense, insofar as the interest of the educator and district are not conflicting. 20.1.4 Whenever an educator is absent from school as a result of personal injury caused by an assault, providing they are not guilty of criminal act, or other accident occurring in the course of their employment, they will be paid their full salary for the period of such absence up to one (1) full calendar year from the date of injury and no part of such absence will be charged to their annual sick leave. The Board will pay their full salary for the period of such absence. The amount the person receives from Workers' Compensation and/or disability insurance will be paid directly to the district. 20.1.5 The Board shall have the right to have the educator examined by a physician agreed upon by the educator and the Board for the purpose of establishing the length of time during which the educator is temporarily disabled from performance of their duties. 20.1.6 Said assault action shall have no bearing on current or future employment status of the educators involved. The above provisions shall be subject to the grievance procedure. 20.2 Whenever an educator is assigned the responsibility of handling funds in excess of $500, the Board shall provide handling insurance for that individual. 20.3 No action shall be taken towards an educator upon any complaint directed towards the educator, nor shall any notice thereof be included in said educator's personnel file, unless such a complaint is investigated and found to be substantiated by information deemed by the administration to be valid and reliable and is reported in writing to the educator concerned, permitting them an opportunity for refutation. 20.3.1 The district shall provide any educator placed on administrative leave notification specifying the nature of the allegation of misconduct being investigated, method of investigation, anticipated time line, and is encouraged to advise the educator of their right to notify the association. 20.3.2 Students who are interviewed as part of an investigation of an educator on administrative leave shall be questioned individually and as soon as possible after the initiation of an investigation. Every effort shall be made to prevent information contamination. 20.3.3 The district shall update the educator on administrative leave of the status of the investigation as soon as the investigation status changes. 20.3.4 Educators' actions shall not be considered abusive if performed in good faith, as expressions of care and concern and are in compliance with state/federal statutes. 20.3.5 Educators may use and apply restraint/force as is reasonable and necessary for purposes such as those listed below: 20.3.5.1 To restrain/prevent a student from an act of wrongdoing. 20.3.5.2 For the purpose of self-defense. 20.3.5.3 For the protection of persons or property. 20.3.5.4 For the preservation of order. In instances such as these the exercise of such restraint/force as is reasonable and necessary shall not be construed to constitute corporal punishment. 20.3.6 When questions might result in self-incrimination having civil/criminal ramifications the educator can refuse to answer. The refusal to answer shall not be deemed insubordination. 20.3.7 When arising out of, or in the course of, their employment, an educator is threatened, harassed or stalked, the educator may request a meeting, to be held within one school day of the request. Meeting participants shall include the educator; association representative, if requested by the educator; the building/unit administrator or their administrative designee. The district shall investigate the situation and take steps it deems appropriate and reasonable to protect the affected educator. 20.3.8 Within three days following district findings that the educator has been subjected to student conduct as described in Article 20.3.7, upon request, the district shall share administrative consequences for the student with the affected educator provided that sharing the requested information is legal. 20.3.9 Educators requesting an administrative transfer resulting from conduct in 20.3 shall be considered by the district and the Association based on merits of the situation. Refer to Article 13.2.4 for the process for such transfer. 20.4 When arising out of, or in the course of, their employment, an educator's clothing and/or personal property are damaged, destroyed, or stolen as a result of willful malice, and when administrative review shows the educator has used reasonable judgment, the Board shall reimburse the actual cost to the educator for the repair or replacement of such clothing or personal property in an amount not to exceed one thousand dollars ($1,000) per incident upon receipt of proof of net expense incurred after all applicable insurance adjustments have occurred. Claimants shall report all claims to Risk Management within five (5) business days, excluding weekends and district holidays. Educators shall provide copies of claims to the Association. Corresponding documentation such as receipts or establishment of current fair market value, xxxxxxxx, estimates, pictures, proof of insurance or other instruments of verification shall be provided to Risk Management within thirty (30) calendar days of notification. If the educator is not satisfied with the review, they may appeal the decision in writing within five (5) business days of the review to the review committee consisting of the Chief Human Resources Officer or their designee and the Association President or their designee. If the final decision of the review committee is disputed, the decision shall be referred to the Superintendent. 20.5 The principal or their designee shall provide, subject to availability and legal constraints, information concerning any student whose personal history includes the commission of violent, dangerous, harassing, or intimidating acts to educators who have direct contact with, and/or supervisory responsibilities for such students(s). Sharing of information shall be for the purpose of providing for a safe environment for staff and students. Information provided shall be treated confidentially. 20.6 The district shall maintain two-way communication systems, such as an intercom, telephone, wireless telephone, or two-way radio to provide a safe environment for staff and students. It shall be an immediate priority to provide emergency back-up systems in a timely manner when necessary. 20.7 When arising out of, or in the course of, employment, an educator is harassed by another employee, they shall complete the Employee/Authorized Volunteer Protection Complaint Form (District Policy 4300) and documentation of harassment shall be forwarded to the Superintendent or their designee, building principal, and the Association President or their designee. The action(s) that shall be taken to resolve the issue shall be communicated to the employee within two (2) working days.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
PROTECTION OF EDUCATORS. 20.1 19.1 The Board recognizes its responsibilities to give all reasonable support and assistance to the educators in the performance of their professionally assigned duties.
20.1.1 19.1.1 Any educator who suffers from an assault in connection with their employment shall, as soon as practicable, make a written report of the circumstances thereof to their principal and shall make supplemental written reports attaching copies of any summons, complaint, process information, indictment, notice or demand served upon them in connection with such assault within five (5) days after they have been served therewith, and reporting the final disposition of any such proceeding.
20.1.1.1 19.1.1.1 The principal or district support team member shall provide written response to the individual within ten (10) working days following receipt of the written complaint, or within such lesser period of time as may be required by applicable law. The response shall reflect findings made in the investigation and any disciplinary action proposed or completed except to the extent such disclosure would be contrary to law.
20.1.2 19.1.2 Such reports will be forwarded to the Board through the Superintendent's Office. In the event civil proceedings are brought against the educator, the Board will comply with any request by the educator for information in the Board's possession not privileged by law or policy of the district and relevant to the incident reported.
20.1.3 19.1.3 If civil proceedings are brought against an educator alleging that they committed an assault or injury in connection with their employment, such educator, after making the reports described in Article 20.1.1 Article
19.1.1 above, may request the Board's assistance in the preparation of the educator's defense. Upon receipt of such request, the Board will instruct its attorney to consult with the educator's legal counsel and cooperate with them in the preparation of the educator's defense, insofar as the interest of the educator and district are not conflicting.
20.1.4 19.1.4 Whenever an educator is absent from school as a result of personal injury caused by an assault, providing they are not guilty of criminal act, or other accident occurring in the course of their employment, they will be paid their full salary for the period of such absence up to one (1) full calendar year from the date of injury and no part of such absence will be charged to their annual sick leave. The Board will pay their full salary for the period of such absence. The amount the person receives from Workers' Compensation and/or disability insurance will be paid directly to the district.
20.1.5 19.1.5 The Board shall have the right to have the educator examined by a physician agreed upon by the educator and the Board for the purpose of establishing the length of time during which the educator is temporarily disabled from performance of their duties.
20.1.6 19.1.6 Said assault action shall have no bearing on current or future employment status of the educators involved. The above provisions shall be subject to the grievance procedure.
20.2 19.2 Whenever an educator is assigned the responsibility of handling funds in excess of $500, the Board shall provide handling insurance for that individual.
20.3 19.3 No action shall be taken towards an educator upon any complaint directed towards the educator, nor shall any notice thereof be included in said educator's personnel file, unless such a complaint is investigated and found to be substantiated by information deemed by the administration to be valid and reliable and is reported in writing to the educator concerned, permitting them an opportunity for refutation.
20.3.1 19.3.1 The district shall provide any educator placed on administrative leave notification specifying the nature of the allegation of misconduct being investigated, method of investigation, anticipated time line, and is encouraged to advise the educator of their right to notify the associationAssociation.
20.3.2 19.3.2 Students who are interviewed as part of an investigation of an educator on administrative leave shall be questioned individually and as soon as possible after the initiation of an investigation. Every effort shall be made to prevent information contamination.
20.3.3 19.3.3 The district shall update the educator on administrative leave of the status of the investigation as soon as the investigation status changes.
20.3.4 19.3.4 Educators' actions shall not be considered abusive if performed in good faith, as expressions of care and concern and are in compliance with state/federal statutes.
20.3.5 19.3.5 Educators may use and apply restraint/force as is reasonable and necessary for purposes such as those listed below:
20.3.5.1 19.3.5.1 To restrain/prevent a student from an act of wrongdoing.
20.3.5.2 19.3.5.2 For the purpose of self-defense.
20.3.5.3 19.3.5.3 For the protection of persons or property.
20.3.5.4 19.3.5.4 For the preservation of order. In instances such as these the exercise of such restraint/force as is reasonable and necessary shall not be construed to constitute corporal punishment.
20.3.6 19.3.6 When questions might result in self-incrimination having civil/criminal ramifications the educator can refuse to answer. The refusal to answer shall not be deemed insubordination.
20.3.7 19.3.7 When arising out of, or in the course of, their employment, an educator is threatened, harassed or stalked, the educator may request a meeting, to be held within one school day of the request. Meeting participants shall include the educator; association Association representative, if requested by the educator; the building/unit administrator or their administrative designee. The district shall investigate the situation and take steps it deems appropriate and reasonable to protect the affected educator.
20.3.8 19.3.8 Within three days following district findings that the educator has been subjected to student conduct as described in Article 20.3.719.3.7, upon request, the district shall share administrative consequences for the student with the affected educator provided that sharing the requested information is legal.
20.3.9 19.3.9 Educators requesting an administrative transfer resulting from conduct in 20.3 19.3 shall be considered by the district and the Association based on merits of the situation. Refer to Article 13.2.4 for the process for such transfer.
20.4 19.4 When arising out of, or in the course of, their employment, an educator's clothing and/or personal property are damaged, destroyed, or stolen as a result of willful malice, and when administrative review shows the educator has used reasonable judgment, the Board shall reimburse the actual cost to the educator for the repair or replacement of such clothing or personal property in an amount not to exceed one thousand dollars ($1,000) per incident upon receipt of proof of net expense incurred after all applicable insurance adjustments have occurred. Claimants shall report all claims to Risk Management within five (5) business days, excluding weekends and district holidays. Educators shall provide copies of claims to the Association. Corresponding documentation such as receipts or establishment of current fair market value, xxxxxxxx, estimates, pictures, proof of insurance or other instruments of verification shall be provided to Risk Management within thirty (30) calendar days of notification. If the educator is not satisfied with the review, they may appeal the decision in writing within five (5) business days of the review to the review committee consisting of the Chief Human Resources Officer or their designee and the Association President or their designee. If the final decision of the review committee is disputed, the decision shall be referred to the Superintendent.
20.5 19.5 The principal or their designee shall provide, subject to availability and legal constraints, information concerning any student whose personal history includes the commission of violent, dangerous, harassing, or intimidating acts to educators who have direct contact with, and/or supervisory responsibilities for such students(s). Sharing of information shall be for the purpose of providing for a safe environment for staff and students. Information provided shall be treated confidentially.
20.6 19.6 The district shall maintain two-way communication systems, such as an intercom, telephone, wireless telephone, or two-way radio to provide a safe environment for staff and students. It shall be an immediate priority to provide emergency back-up systems in a timely manner when necessary.
20.7 19.7 When arising out of, or in the course of, employment, an educator is harassed by another employee, they shall complete the Employee/Authorized Volunteer Protection Complaint Form (District Policy 4300) and documentation of harassment shall be forwarded to the Superintendent or their designee, building principal, and the Association President or their designee. The action(s) that shall be taken to resolve the issue shall be communicated to the employee within two (2) working days.
Appears in 1 contract
Samples: Master Agreement
PROTECTION OF EDUCATORS. 20.1 19.1 The Board recognizes its responsibilities to give all reasonable support and assistance to the educators in the performance of their professionally assigned duties.
20.1.1 19.1.1 Any educator who suffers from an assault in connection with their employment shall, as soon as practicable, make a written report of the circumstances thereof to their principal and shall make supplemental written reports attaching copies of any summons, complaint, process information, indictment, notice or demand served upon them in connection with such assault within five (5) days after they have been served therewith, and reporting the final disposition of any such proceeding.
20.1.1.1 19.1.1.1 The principal or district support team member shall provide written response to the individual within ten (10) working days following receipt of the written complaint, or within such lesser period of time as may be required by applicable law. The response shall reflect findings made in the investigation and any disciplinary action proposed or completed except to the extent such disclosure would be contrary to law.
20.1.2 19.1.2 Such reports will be forwarded to the Board through the Superintendent's Office. In the event civil proceedings are brought against the educator, the Board will comply with any request by the educator for information in the Board's possession not privileged by law or policy of the district and relevant to the incident reported.
20.1.3 19.1.3 If civil proceedings are brought against an educator alleging that they committed an assault or injury in connection with their employment, such educator, after making the reports described in Article 20.1.1 Article
19.1.1 above, may request the Board's assistance in the preparation of the educator's defense. Upon receipt of such request, the Board will instruct its attorney to consult with the educator's legal counsel and cooperate with them in the preparation of the educator's defense, insofar as the interest of the educator and district are not conflicting.
20.1.4 19.1.4 Whenever an educator is absent from school as a result of personal injury caused by an assault, providing they are not guilty of criminal act, or other accident occurring in the course of their employment, they will be paid their full salary for the period of such absence up to one (1) full calendar year from the date of injury and no part of such absence will be charged to their annual sick leave. The Board will pay their full salary for the period of such absence. The amount the person receives from Workers' Compensation and/or disability insurance will be paid directly to the district.
20.1.5 19.1.5 The Board shall have the right to have the educator examined by a physician agreed upon by the educator and the Board for the purpose of establishing the length of time during which the educator is temporarily disabled from performance of their duties.
20.1.6 19.1.6 Said assault action shall have no bearing on current or future employment status of the educators involved. The above provisions shall be subject to the grievance procedure.
20.2 19.2 Whenever an educator is assigned the responsibility of handling funds in excess of $500, the Board shall provide handling insurance for that individual.
20.3 19.3 No action shall be taken towards an educator upon any complaint directed towards the educator, nor shall any notice thereof be included in said educator's personnel file, unless such a complaint is investigated and found to be substantiated by information deemed by the administration to be valid and reliable and is reported in writing to the educator concerned, permitting them an opportunity for refutation.
20.3.1 19.3.1 The district shall provide any educator placed on administrative leave notification specifying the nature of the allegation of misconduct being investigated, method of investigation, anticipated time line, and is encouraged to advise the educator of their right to notify the associationAssociation.
20.3.2 19.3.2 Students who are interviewed as part of an investigation of an educator on administrative leave shall be questioned individually and as soon as possible after the initiation of an investigation. Every effort shall be made to prevent information contamination.
20.3.3 19.3.3 The district shall update the educator on administrative leave of the status of the investigation as soon as the investigation status changes.
20.3.4 19.3.4 Educators' actions shall not be considered abusive if performed in good faith, as expressions of care and concern and are in compliance with state/federal statutes.
20.3.5 19.3.5 Educators may use and apply restraint/force as is reasonable and necessary for purposes such as those listed below:
20.3.5.1 19.3.5.1 To restrain/prevent a student from an act of wrongdoing.
20.3.5.2 19.3.5.2 For the purpose of self-defense.
20.3.5.3 19.3.5.3 For the protection of persons or property.
20.3.5.4 19.3.5.4 For the preservation of order. In instances such as these the exercise of such restraint/force as is reasonable and necessary shall not be construed to constitute corporal punishment.
20.3.6 19.3.6 When questions might result in self-incrimination having civil/criminal ramifications the educator can refuse to answer. The refusal to answer shall not be deemed insubordination.
20.3.7 19.3.7 When arising out of, or in the course of, their employment, an educator is threatened, harassed or stalked, the educator may request a meeting, to be held within one school day of the request. Meeting participants shall include the educator; association Association representative, if requested by the educator; the building/unit administrator or their administrative designee. The district shall investigate the situation and take steps it deems appropriate and reasonable to protect the affected educator.
20.3.8 19.3.8 Within three days following district findings that the educator has been subjected to student conduct as described in Article 20.3.719.3.7, upon request, the district shall share administrative consequences for the student with the affected educator provided that sharing the requested information is legal.
20.3.9 19.3.9 Educators requesting an administrative transfer resulting from conduct in 20.3 19.3 shall be considered by the district and the Association based on merits of the situation. Refer to Article 13.2.4 for the process for such transfer.
20.4 19.4 When arising out of, or in the course of, their employment, an educator's clothing and/or personal property are damaged, destroyed, or stolen as a result of willful malice, and when administrative review shows the educator has used reasonable judgment, the Board shall reimburse the actual cost to the educator for the repair or replacement of such clothing or personal property in an amount not to exceed one thousand dollars ($1,000) per incident upon receipt of proof of net expense incurred after all applicable insurance adjustments have occurred. Claimants shall report all claims to Risk Management within five (5) business days, excluding weekends and district holidays. Educators shall provide copies of claims to the Association. Corresponding documentation such as receipts or establishment of current fair market value, xxxxxxxx, estimates, pictures, proof of insurance or other instruments of verification shall be provided to Risk Management within thirty (30) calendar days of notification. If the educator is not satisfied with the review, they may appeal the decision in writing within five (5) business days of the review to the review committee consisting of the Chief Human Resources Officer or their designee and the Association President or their designee. If the final decision of the review committee is disputed, the decision shall be referred to the Superintendent.
20.5 19.5 The principal or their designee shall provide, subject to availability and legal constraints, information concerning any student whose personal history includes the commission of violent, dangerous, harassing, or intimidating acts to educators who have direct contact with, and/or supervisory responsibilities for such students(s). Sharing of information shall be for the purpose of providing for a safe environment for staff and students. Information provided shall be treated confidentially.
20.6 19.6 The district shall maintain two-way communication systems, such as an intercom, telephone, wireless telephone, or two-way radio to provide a safe environment for staff and students. It shall be an immediate priority to provide emergency back-up systems in a timely manner when necessary.
20.7 19.7 When arising out of, or in the course of, employment, an educator is harassed by another employee, they shall complete the refer to District Policy 4300 β Employee/Authorized Volunteer Protection Complaint Form (District Policy 4300) and documentation of harassment shall be forwarded to the Superintendent or their designee, building principal, and the Association President or their designee. The action(s) that shall be taken to resolve the issue shall be communicated to the employee within two (2) working daysProtection.
Appears in 1 contract
Samples: Master Agreement
