Common use of PROTECTION OF EMPLOYEES Clause in Contracts

PROTECTION OF EMPLOYEES. A. An employee and/or principal may temporarily suspend a pupil from the classroom when the grossness of the offense, the persistence of the misbehavior or the disruptive effect of the violation make the continued presence of the student in the classroom intolerable. When an employee temporarily suspends a student from the classroom, the employee will send a written communiqué, regarding the incident, to the office by the end of the work day. A student who has been temporarily suspended shall not be returned to the classroom of the employee until the employee has had the opportunity to review the facts relating to the suspension with the Employer. If a student is returned to the suspending employee's class after the employee's consultation with the Employer, the employee shall have the right to file within five (5) work days a written objection directly with the Superintendent. If the employee's objection is not satisfactorily resolved within five (5) work days from filing, the Employer shall review the matter with the employee upon the employee's request. The Association shall have the right to be involved in the review. B. The Employer shall indemnify an employee for uninsured expenses actually and necessarily incurred by such employee in the defense of any action in which the employee was a party by reason of the employee's exercise of responsibility to maintain order and discipline during the conduct of instruction, provided that: 1. Nothing in this provision or in the Agreement shall constitute a waiver of any immunity of the Employer which may now or hereafter be established by law. 2. The employer's obligation to indemnify shall not include any claim or action in which: a. The employee failed to notify the Employer within a reasonable time of the occurrence of the event on which the claim was based or from the filing of the claim. b. The employee failed to fully cooperate in the defense of the claim. c. The claim was a consequence of the gross negligence, intentional or criminal misconduct of the employee. d. The Employer was not giving the opportunity to directly defend or settle the claim. C. The Employer, in consultation with the employees shall promulgate rules and regulations setting forth the procedures to be utilized in disciplining, suspending or expelling students for misbehavior. Copies of such rules and regulations shall be distributed to each employee at the beginning of each school year.

PROTECTION OF EMPLOYEES. A. The employee has the responsibility to maintain control and discipline in the classroom. The District has the responsibility to give support and assistance to employees with respect to the maintenance of control and discipline. B. An employee and/or principal may temporarily suspend exclude a pupil from the classroom class when the grossness of the offense, in the persistence of the misbehavior employee's opinion, is serious or the disruptive effect of the violation make the continued presence of when the student in is causing an uncontrollable disruption. The excluded pupil must be sent to the classroom intolerableproper administrator. When an employee temporarily suspends a student from the classroomIn such cases, the employee shall furnish the administrator, as promptly as his/her teaching obligations will send a written communiquéallow, regarding the incident, to the office by the end full particulars of the work dayincident in writing. A The student who has been temporarily suspended shall not be returned to class without a written disposition to the classroom employee by the administrator or delegate handling the incident. An employee may request of the employee until administrator that a conference be held between the employee has had student, employee, parent/guardian of the opportunity to review student, and the facts relating responsible administrator. Such conference shall be scheduled as soon as possible and practical. Progressive discipline procedures will be reinforced and/or established during this conference. Suspension of students may not be imposed by an employee, but may be recommended to the suspension administrator by the employee. (Note: The above wording is accepted with the Employerfollowing understanding: The telephone could be used for a conference with a student's parent or guardian. The intent of the language is that if a conference is requested by an employee, a conference shall be held. The administration shall use progressive discipline procedures that demonstrate for the courts that rules have been enforced and that a student's rights have not been violated.) C. Employees shall exercise reasonable care with respect to the safety of pupils and property, but shall not be individually liable, except in the case of gross negligence or gross neglect of duty, for any damage or loss to person or property. D. Any case of assault upon an employee arising out of the course of employment shall be reported promptly to the Board or its designated representative. If the assault was by a student, the student is returned to will immediately be excluded from the suspending employee's class after while the employee's consultation building administrator recommends a suitable course of action, in accordance with Board policy. The Board or its designated representative (who may be legal counsel for the EmployerDistrict), may investigate the employee matter, and shall have the right to file within five (5) work days a written objection directly with the Superintendent. If the employee's objection is not satisfactorily resolved within five (5) work days from filing, the Employer shall review the matter consult with the employee upon concerning his/her rights with respect to such assault, if requested by the employee's request. The Association Thereafter, the Board shall have the right to be involved in the review. B. The Employer shall indemnify an employee for uninsured expenses actually and necessarily incurred by such employee in the defense of any action in which the employee was a party by reason of the employee's exercise of responsibility to maintain order and discipline during the conduct of instruction, provided that: 1. Nothing in this provision or in the Agreement shall constitute a waiver of any immunity of the Employer which may now or hereafter be established by law. 2. The employer's no obligation to indemnify shall not include provide any claim or action in which: a. The employee failed to notify the Employer within a reasonable time further assistance of the occurrence of the event on which the claim was based or from the filing of the claimcounsel except as set forth herein. b. The employee failed to fully cooperate in the defense of the claim. c. The claim was a consequence of the gross negligence, intentional or criminal misconduct of the employee. d. The Employer was not giving the opportunity to directly defend or settle the claim. C. The Employer, in consultation with the employees shall promulgate rules and regulations setting forth the procedures to be utilized in disciplining, suspending or expelling students for misbehavior. Copies of such rules and regulations shall be distributed to each employee at the beginning of each school year.

PROTECTION OF EMPLOYEES. A. An The District recognizes its responsibility to give all reasonable support and assistance to employees with respect to the maintenance of control and discipline. Employees complying with the District rules and regulations who are acting in the line of duty with respect to maintenance of control and discipline shall be given support and assistance by the District. The District shall supply each employee with a copy of any handbooks, rules and/or principal may temporarily suspend a pupil from regulations pertinent to the classroom when position at the grossness time of employment and employees shall be aware of the offensecontents of same. B. Any case of assault upon an employee shall be promptly reported to the Board or its designated representative. The District will provide legal counsel to advise the administration and the employee of their rights and obligations in connection with handling of the incident by law enforcement and judicial authorities provided, however, that in the event an employee is finally adjudged guilty of a crime in connection therewith by a court of competent jurisdiction, the persistence of the misbehavior or the disruptive effect of the violation make the continued presence of the student in the classroom intolerable. When an employee temporarily suspends a student from the classroom, District shall be reimbursed by the employee will send a written communiqué, regarding the incident, to the office by the end of the work day. A student who for any out-of-pocket expense it has been temporarily suspended shall not be returned to the classroom incurred on behalf of the employee until in said case. C. If any employee is sued by reason of disciplinary action taken by the employee has had against a student, the opportunity to review the facts relating District will provide legal counsel and render assistance to the suspension employee in his/her defense provided, however, that in the event an employee is finally adjudged guilty of a crime in connection therewith by a court of competent jurisdiction, the District shall be reimbursed by the employee for any out-of-pocket expense it has incurred on behalf of the employee in said case. D. Any complaints, including those that will be included in the employee’s personnel file, directed toward an employee shall be promptly called to the employee’s attention. The complainant shall be identified to the employee or the complaint shall be dismissed. E. An employee shall be provided with the Employertime off with pay and not charged against the employee in the event the employee needs time off to meet with legal counsel, law enforcement and judicial authorities, or to attend court proceedings in connection with incidents covered by Sections B and C of this Article. If However, if the employee is found guilty or at fault in a student is returned to the suspending employee's class after the employee's consultation with the Employercourt or tribunal of competent jurisdiction, the employee shall have be charged for the right time off. An employee may use vacation or personal days against the charged time off, but not sick days. F. Employees shall be expected to file within five (5) work days a written objection directly exercise care with respect to the Superintendent. If the employee's objection is safety of pupils and property, but shall not satisfactorily resolved within five (5) work days from filing, the Employer shall review the matter with the employee upon the employee's request. The Association shall have the right be individually liable for any damage or loss to be involved person or property except in the reviewcase of gross negligence or an intentional tort, as provided by the Tort Reform Act of 1986. B. The Employer shall indemnify an employee for uninsured expenses actually and necessarily incurred by such employee in the defense of any action in which the employee was a party by reason of the employee's exercise of responsibility to maintain order and discipline during the conduct of instruction, provided that: 1. Nothing in this provision or in the Agreement shall constitute a waiver of any immunity of the Employer which may now or hereafter be established by law. 2. The employer's obligation to indemnify shall not include any claim or action in which: a. The employee failed to notify the Employer within a reasonable time of the occurrence of the event on which the claim was based or from the filing of the claim. b. The employee failed to fully cooperate in the defense of the claim. c. The claim was a consequence of the gross negligence, intentional or criminal misconduct of the employee. d. The Employer was not giving the opportunity to directly defend or settle the claim. C. The Employer, in consultation with the employees shall promulgate rules and regulations setting forth the procedures to be utilized in disciplining, suspending or expelling students for misbehavior. Copies of such rules and regulations shall be distributed to each employee at the beginning of each school year.

PROTECTION OF EMPLOYEES. A. An employee and/or principal may temporarily suspend a pupil from the classroom when the grossness of the offense, the persistence of the misbehavior misbehavior, or the disruptive effect of the violation make the continued presence of the student in the classroom intolerable. When an employee temporarily suspends a student from the classroom, the employee will send a written communiqué, regarding the incident, to the office by the end of the work dayworkday. A student who has been temporarily suspended shall not be returned to the classroom of the employee until the employee has had the opportunity to review the facts relating to the suspension with the Employer. If a student is returned to the suspending employee's ’s class after the employee's ’s consultation with the Employer, the employee shall have the right to file within five (5) work days workdays a written objection directly with the Superintendent. If the employee's ’s objection is not satisfactorily resolved within five (5) work days workdays from filing, the Employer Employ shall review the matter with the employee upon the employee's ’s request. The Association shall have the right to be involved in the review. B. The Employer shall indemnify an employee for uninsured expenses actually and necessarily incurred by such employee in the defense of any action in which the employee was a party by reason of the employee's ’s exercise of responsibility to maintain order and discipline during the conduct of instruction, provided that: 1. Nothing in this provision or in the Agreement shall constitute a waiver of any immunity of the Employer which may now or hereafter be established by law. 2. The employer's ’s obligation to indemnify shall not include any claim or action in which: a. The employee Employee failed to notify the Employer within a reasonable time of the occurrence of the event on which the claim was based or from the filing of the claim. b. The employee failed to fully cooperate in the defense of the claim. c. The claim was a consequence of the gross negligence, intentional intentional, or criminal misconduct of the employee. d. The Employer was not giving given the opportunity to directly defend or settle the claim. C. The Employer, in consultation consultations with the employees shall promulgate rules and regulations setting forth the procedures to be utilized in disciplining, suspending suspending, or expelling students for misbehavior. Copies of such rules and regulations shall be distributed to each employee at the beginning of each school year.

PROTECTION OF EMPLOYEES. The parties recognize that effective and safe management of students is an important component of delivering quality educational programs and services. The primary responsibility in this context is with the employee who, when acting within the scope of employment and in alignment with Board policy, will be reasonably supported by the administration. A. An All employees responsible for the management of physically aggressive students will receive training in personal safety and appropriate physical management techniques with refresher training annually, or more frequently if needed as determined by the administration. It is the employee’s responsibility with administrative support to adhere to all policies and protocols established for the physical management of students. Upon request and explanation of need, employees will be provided with personal protective equipment such as gloves, chin protectors, etc. B. Any injury or physical assault experienced by an employee and/or principal may temporarily suspend in connection with the employee’s management of a pupil from student shall be immediately reported , in writing, to the classroom when the grossness Director of Special Education (or designee). Upon approval of the offenseadministration, the persistence employee may be released for duty for up to the remainder of the misbehavior or day. Such absence shall not be charged to the disruptive effect employee’s sick leave. Employees who have been assaulted in the course of their work will be provided debriefing within 2 school days. This shall be documented and a copy provided to the employee. C. The Board shall remit premiums for errors and omissions coverage (liability) for bargaining unit members while engaged in the performance of their assigned duties and while acting within the course and scope of their authority. The terms and conditions of the violation make errors and omission policy (liability) may determine the continued presence of Board’s obligation to defend and indemnify the employee. D. Where an employee is required to provide services to a student in the classroom intolerablestudent’s home and where a reasonable observer would objectively conclude that the circumstances in that home present an imminent danger to the employee, the employee shall immediately inform the Director of Special Education (or designee) of that concern. When an employee temporarily suspends a student from the classroomWithin one (1) work day of that report, the employee will send furnish a written communiqué, regarding the incident, statement to the office by Director (or designee) specifying the end of particulars underlying the work day. A student who has been temporarily suspended shall not be returned to the classroom of concern and what measures the employee until believes would be effective in addressing that matter. The Director (or designee) will investigate the employee has had the opportunity to review the facts relating to the suspension with the Employer. If a student is returned to the suspending employee's class after the employee's consultation with the Employer, the employee shall have the right to file within five (5) work days a written objection directly with the Superintendent. If the employee's objection is not satisfactorily resolved within five (5) work days from filing, the Employer shall review the matter concern and confer with the employee upon regarding the employee's request. The Association shall have substantiation of the right concern and potential resolution prior to be involved in the review. B. The Employer shall indemnify an employee for uninsured expenses actually and necessarily incurred by such employee in the defense of any action in which the employee was a party by reason of returning to the employee's exercise of responsibility to maintain order and discipline during the conduct of instruction, provided that: 1. Nothing in this provision or in the Agreement shall constitute a waiver of any immunity of the Employer which may now or hereafter be established by lawstudent’s home. 2. The employer's obligation to indemnify shall not include any claim or action in which: a. The employee failed to notify the Employer within a reasonable time of the occurrence of the event on which the claim was based or from the filing of the claim. b. The employee failed to fully cooperate in the defense of the claim. c. The claim was a consequence of the gross negligence, intentional or criminal misconduct of the employee. d. The Employer was not giving the opportunity to directly defend or settle the claim. C. The Employer, in consultation with the employees shall promulgate rules and regulations setting forth the procedures to be utilized in disciplining, suspending or expelling students for misbehavior. Copies of such rules and regulations shall be distributed to each employee at the beginning of each school year.

PROTECTION OF EMPLOYEES. It is agreed and understood that the following disciplinary procedure shall be followed when bargaining unit members are disciplined: A. An Any bargaining unit member who may require any disciplinary action must be first contacted by their immediate principal/supervisor in private. The building principal/supervisor will advise said person prior to a principal/supervisor- employee and/or principal may temporarily suspend a pupil from the classroom when the grossness of the offenseconference, the persistence of the misbehavior or the disruptive effect of the violation make the continued presence of the student in the classroom intolerableif at that conference, disciplinary action will take place. When an employee temporarily suspends a student from the classroom, the employee will send a written communiqué, regarding the incident, to the office by the end of the work day. A student who has been temporarily suspended shall not be returned to the classroom of the employee until the employee has had the opportunity to review the facts relating to the suspension with the Employer. If a student is returned to the suspending employee's class after the employee's consultation with the Employer, the employee Any such bargaining unit member shall have the right to file have a representative of the Association present during the time that said employee is being disciplined. When request for such representation is made, no action shall be taken with respect to the bargaining unit member until such representation of the Union is present. Should disciplinary action be likely to occur at a given meeting, the bargaining unit member shall be advised immediately of said possibility and shall be advised by the Employer of the employee’s right to representation. Any complaint not called to the attention of the bargaining unit member within five (5) work working days of the administrator becoming aware of the problem may not be used in any disciplinary action against the bargaining unit member. This notice requirement shall not apply if it would compromise the ability of the district to conduct a written objection directly meaningful investigation of a serious matter (e.g. police related matter, inappropriate involvement with a student). If any further disciplinary actions are to take place, the principal/supervisor may then refer the matter to the Superintendent of Schools in writing, in triplicate, and dated; one copy going to the Superintendent, one to be kept by the principal/supervisor, and one given to said employee. B. No bargaining unit member shall be disciplined within the view of, or hearing of, other persons. C. A bargaining unit member will have the right to review the contents of all records of the Employer pertaining to said bargaining unit member originating after initial employment, and to have a representative of the Union accompany him/her in such review. If No adverse communications will be placed in the employee's objection is not satisfactorily resolved bargaining unit member’s file without their knowledge. Any adverse communications from students, parents, or school personnel shall be brought to the member’s attention within five (5) work days from filing, the Employer shall review the matter with the employee upon the employee's requestworking days. The Association shall have the right to be involved Employees may request that derogatory materials placed in the review. B. The Employer shall indemnify an employee for uninsured expenses actually and necessarily incurred by such employee in the defense of any action in which the employee was a party by reason of the employee's exercise of responsibility to maintain order and discipline during the conduct of instruction, provided that: 1bargaining unit member’s file be removed. Nothing in this provision or in the Agreement shall constitute a waiver of any immunity of the Employer which may now or hereafter be established by law. 2. The employer's obligation to indemnify shall not include any claim or action in which: a. The employee failed to notify the Employer within a reasonable time of the occurrence of the event on which the claim was based or from the filing of the claim. b. The employee failed to fully cooperate in the defense of the claim. c. The claim was a consequence of the gross negligence, intentional or criminal misconduct of the employee. d. The Employer was not giving the opportunity to directly defend or settle the claim. C. The Employer, in consultation with the employees shall promulgate rules and regulations setting forth the procedures to be utilized in disciplining, suspending or expelling students for misbehavior. Copies of such rules and regulations shall be distributed to each employee at the beginning of each school year.Section 3

PROTECTION OF EMPLOYEES. A. 10:1 Employees who desire a transfer may file a written statement of such with the assistant superintendent for finance. An involuntary transfer or reassignment shall be made only after a meeting between the employee involved and the Director of Buildings and Grounds, if the employee so requests. In the event that the employee objects to the transfer or reassignment at this meeting, the superintendent will meet with the employee upon request. The employee may have an association representative at all such meetings. 10:2 Employees shall evaluate the equipment needs of the building each year and may submit requisitions for such equipment through the immediate supervisor. It is understood that the decision to purchase such equipment rests with the immediate supervisor. 10:3 All new positions and/or open positions shall be posted in each building and a copy forwarded to the president of the association, prior to any external advertising. Such notification will set forth all pertinent information including work site, work hours, and classification. The posting shall indicate the closing date for receiving applications. The vacancy shall be filled within 60 days from the closing date, and the association president shall be notified of who received the position. In the event the position is not filled within 90 days, the vacancy shall be re-posted. 10:3.1 Employees who receive a promotion shall serve a sixty (60) calendar days probationary period. During this time the employee and the Association shall be kept informed of the progress the employee is making in the new position. During this probationary period the employee shall continue to accrue seniority in his/her former position. The employee shall retain the right to return to his/her former position (classification and building) in the event the employee and/or principal may temporarily suspend Board of Education determines that the employee shall not continue in the new position. For purposes of this paragraph a pupil from the classroom when the grossness promotion is defined as movement to a position, which includes an increase in pay, other than a shift differential or other type of stipend. The decision of the offense, the persistence of the misbehavior or the disruptive effect of the violation make the continued presence of the student in the classroom intolerable. When Board to return an employee temporarily suspends a student from to his/her former position during the classroom, the employee will send a written communiqué, regarding the incident, to the office by the end of the work day. A student who has been temporarily suspended probationary period shall not be returned subject to the classroom arbitration. The period shall not be subject to arbitration. The probationary period for an employee who is out of the employee work for any reason will be automatically extended until the employee has had actually worked sixty (60) calendar days in the opportunity to review new position. 10:3.2 The vacancy shall be filled by the facts relating to the suspension with the Employermost qualified applicant. If a student is returned two or more applicants are equally qualified, length of service shall be the determining factor in filling the position. 10:4 Overalls shall be supplied for dirty work and ear and eye protection shall be provided as needed, provided this protection shall also be required to be worn. 10:5 A room shall be available in each building for the suspending employee's class after the employee's consultation with the Employer, the use of xxxxxxx. Every employee shall have the right to file within five (5) work days be assigned a written objection directly with the Superintendent. If the employee's objection is not satisfactorily resolved within five (5) work days from filing, the Employer shall review the matter with the employee upon the employee's request. The Association shall have the right to be involved in the reviewlocker. B. The Employer shall indemnify an employee for uninsured expenses actually and necessarily incurred by such employee in the defense of any action in which the employee was a party by reason of the employee's exercise of responsibility to maintain order and discipline during the conduct of instruction, provided that: 1. Nothing in this provision or in the Agreement shall constitute a waiver of any immunity of the Employer which may now or hereafter be established by law. 2. The employer's obligation to indemnify shall not include any claim or action in which: a. The employee failed to notify the Employer within a reasonable time of the occurrence of the event on which the claim was based or from the filing of the claim. b. The employee failed to fully cooperate in the defense of the claim. c. The claim was a consequence of the gross negligence, intentional or criminal misconduct of the employee. d. The Employer was not giving the opportunity to directly defend or settle the claim. C. The Employer, in consultation with the employees shall promulgate rules and regulations setting forth the procedures to be utilized in disciplining, suspending or expelling students for misbehavior. Copies of such rules and regulations shall be distributed to each employee at the beginning of each school year.