Common use of PROTECTION OF UNIT MEMBERS Clause in Contracts

PROTECTION OF UNIT MEMBERS. A. Unit members shall report immediately in writing to their principals, and to the central office, all cases of assault suffered by them in connection with their employment, and a record shall be made and retained of such incident in the file of any student involved. B. In any event of this nature, Board Policy 5131 shall be followed. C. This report shall be forwarded to the Board which shall comply with any reasonable request from the unit member for information in its possession relating to the incident or the persons involved and shall act in appropriate ways as liaison between the unit member, the police and the courts, if necessary. D. A unit member may use such force as is necessary within the scope of employment to protect one from physical attack by a student, or other person, or to prevent injury to another student. Any case of assault upon a unit member shall be promptly reported to the Board or its designated representative, in most cases the principal. Likewise, any time a unit member finds it necessary to use such force, he/she shall immediately report this to the immediate supervisor whether or not he/she considers this to be necessary to protect the unit member or a student. This communication will include a written description of the incident. The Board will provide legal counsel to advise the unit member of rights and obligations with respect to any such assault and shall promptly render all reasonable assistance to the unit member in connection with the handling of the incident with law enforcement and judicial authorities, if necessary. E. Whenever a unit member is absent from school as a result of personal injury caused by an assault arising out of and in the course of employment, he or she shall be paid full salary for the period of such absence without having such absence charged to the annual sick leave or accumulated sick leave. Any amount of salary payable pursuant to this Section shall be reduced by the amount of any workmen's compensation award for temporary disability due to the said assault injury for the period for which such salary is paid. The Board shall have the right to have the unit member examined by a physician designated by the Board for the purpose of establishing the length of time during which the unit member is temporarily disabled from performing duties; and, in the event that there is no adjudication in the appropriate workmen’s compensation proceeding for the period of temporary disability, the opinion of said physician as to the said person shall control.

PROTECTION OF UNIT MEMBERS. A. Unit Principals and unit members shall be required to report immediately in writing to their principals, and to the central office, all cases any case of assault suffered by them on unit members in connection with their employment, and a record employment to the Superintendent or his or her representative. The Superintendent or his representative shall be made and retained acknowledge receipt of such incident in report and shall report this information to the file Board and the Association. In the event of any student involvedsuch an assault, the unit member shall immediately notify the principal so that the proper forms may be executed by the school authorities and attending physician. B. The District shall continue its existing policy of public support of prosecution of offenders in cases of assault upon unit members while engaged in the performance of duty. The District will also pursue appropriate disciplinary action against the stu- dents when they are the offenders. The Board recognizes its obligation under Section 3028 of the Education Law to provide legal services and pay legal fees where civil or criminal action is brought against the unit member based on disciplinary action taken against a pupil. In any event order to avail himself or herself of this natureprotection, the unit member must inform the Board Policy 5131 shall be followedwithin ten (10) days of such an incident. C. This report shall be forwarded to the Board which shall comply with any reasonable request from the unit member for information in its possession relating to the incident or the persons involved and shall act in appropriate ways as liaison between the unit member, the police and the courts, if necessary. D. A unit member may use such force as is necessary within the scope of employment to protect one from physical attack by a student, or other person, or to prevent injury to another student. Any case of assault upon a unit member shall be promptly reported to the Board or its designated representative, in most cases the principal. Likewise, any time a unit member finds it necessary to use such force, he/she shall immediately report this to the immediate supervisor whether or not he/she considers this to be necessary to protect the unit member or a student. This communication will include a written description of the incident. The Board will provide legal counsel to advise the unit member of rights and obligations with respect to any such assault and shall promptly render all reasonable assistance to the unit member in connection with the handling of the incident with law enforcement and judicial authorities, if necessary. E. Whenever a unit member is absent from school as a result of personal injury caused by an assault arising out of and occurring in the course of his or her employment, he or she shall such unit member will be paid full salary for the period and no part of such absence without having such absence will be charged to the annual sick leave leave. D. The District will reimburse a unit member for the cost of medical, surgical or accumulated sick leave. Any hospi- tal services, less the amount of salary payable received pursuant to this Section shall be reduced by the amount any applicable insurance, incurred as a result of any workmen's compensation award for temporary disability due to such injury caused by assault in the said course of his or her employ- ment. E. In cases of work related injuries not covered under Worker’s Compensation, the District will make a reasonable adjustment toward the replacement or repair of den- tures, eyeglasses, hearing aids or similar bodily appurtenances, and clothing or other personal property damaged or destroyed or lost as a result of an assault or an accident or bodily injury for the period for which such salary is paid. The Board shall have the right to have sustained by the unit member examined by a physician designated by the Board for the purpose of establishing the length of time during which while the unit member is temporarily disabled from performing duties; and, was acting in the event that there is discharge of his or her duties as a unit member when the unit member has not been personally negligent. F. Notwithstanding the provisions of this Article, no adjudication in the appropriate workmen’s compensation proceeding unit member may obtain compen- sation for the period any replacement, repair or recovery for any article of temporary disabilityclothing, the opinion bodily appurtenance or other article of said physician as to the said person shall controlvalue for which he or she has suffered loss result- ing from normal wear and tear.