Common use of Substitute Rights Clause in Contracts

Substitute Rights. A. Physical Examinations Physical examinations of substitutes shall not be required. However, the District may require that the substitute provide medical documentation that they are medically and physically able to perform the job duties of a substitute. B. Nondiscrimination In matters of wages, hours and employment relations, or any other matter covered by this Agreement, the District agrees to follow a policy of not discriminating against any substitute on the basis of race, color, national origin, ancestry, sex, age, weight, height, marital status, religion, disability, sexual orientation, gender identity, lawful off-duty political activity or associations, membership or non-membership in the Association or participation in its activities, the fact that the substitute's residence is outside the District, association with another person within a class or with a status listed in this paragraph, or as otherwise provided by School Board policy. However, this provision shall not be construed to prevent the following: 1. District participation in programs conducted in an effort to increase opportunities for historically underserved groups, subject to the provisions of this Agreement. 2. Distinctions resulting from a bona fide occupational requirement reasonably necessary to the normal operation of the District, including, but not limited to, distinctions due to the physical requirements of the employment, lack of adequate facilities to accommodate both sexes, or other distinctions authorized by law including retirement requirements. 3. Consequences of District policies pertaining to assignment of spouses both employed by the District if one is an administrative or supervisory employee. 4. It is the intention of the parties that the interpretation given to this Article shall be consistent with the proper interpretation of the provisions of the Oregon Fair Employment Practices law contained in ORS 659A. A grievance alleging violation of this article may not be appealed to arbitration if the alleged discrimination is based on one or more legally protected classes. C. Non-reprisal for Grievances A reprisal shall not be taken against a substitute in response to their right to file a grievance as provided in this Agreement. D. Academic Freedom A substitute shall have the same Academic Freedom rights as provided in the PAT Teachers' Contract when the substitute is responsible for lesson plans. Examples include when lesson plans are not provided by the regular teacher or when students finish the planned lesson early. E. Student Grades and Discipline When the substitute is responsible for grading, and issues student grades in accordance with District policies, a supervisor shall not change them unless a substantive reason exists. This provision shall not be interpreted to allow a substitute to assign grades in any manner which deviates from general District-wide practices. A substitute shall have the same rights in administering student discipline and student health procedures as the regular teacher for whom they are substituting. The building discipline plan shall be included in the substitute building folder at each site and such plan shall conform with District policies and regulations. 1. An allegation that a student has committed assault or battery upon a unit member shall result in the removal of the student from the responsibility of the unit member pending administrative investigation of the incident. The administrator shall exercise appropriate progressive discipline. If the investigation shows battery did occur and the unit member so recommends, the student will not be returned to the affected member's responsibility. 2. Any student making a serious or menacing threat of harm to the person, property or family members of a substitute shall be immediately subject to appropriate discipline in accordance with the Students' Rights and Responsibilities Handbook. 3. Student behavioral records shall be accessible to the affected substitute. School officials will set up procedures so that information about students with records of violence including weapon violations will be available, in accordance with the law, to members who “need to know” as a result of an assignment to teach or supervise the student. 4. Any student found to have committed assault or battery upon a unit member shall be immediately subject to appropriate discipline in accordance with the Students' Rights and Responsibilities Handbook. However, there shall be a minimum of five (5) days suspension for a threat (assault) and mandatory expulsion for the remainder of the year for battery. The Superintendent may modify the disciplinary consequences on a case-by-case basis.

Substitute Rights. A. Physical Examinations Examinations. Physical examinations of substitutes shall not be required. However, the District may require that the substitute provide medical documentation that they s /he ist hey are medically and physically able to perform the job duties of a substitutesubstitute teacher. B. Nondiscrimination Nondiscrimination. In matters of wages, hours and employment relations, or any other matter covered by this Agreement, the District agrees to follow a policy of not discriminating against any substitute on the basis of race, color, national origin, ancestry, sex, age, weight, height, marital status, religion, disability, sexual orientation, gender identity, lawful off-duty political activity or associations, membership or non-membership in the Association or participation in its activities, the fact that the substitute's residence is outside the District, association a ssociation with another person within a class or with a status listed in this paragraph, or as otherwise provided by School Board policy. However, this provision shall not be construed to prevent the following: 1. District participation in programs conducted in an effort to increase opportunities for historically m inorityh istorically underserved groups, subject to the provisions of this Agreement. 2. Distinctions resulting from a bona fide occupational requirement reasonably necessary to the normal operation of the District, including, but not limited to, distinctions due to the physical requirements of the employment, lack of adequate facilities to accommodate both sexes, or other distinctions authorized by law including retirement requirements. 3. Consequences of District policies pertaining to assignment of spouses both employed by the District if one is an administrative or supervisory employee. 4. It is the intention of the parties that the interpretation given to this Article shall be consistent with the proper interpretation of the provisions of the Oregon Fair Employment Practices law contained in ORS 659A. 659A .028 and 659.030. A grievance alleging violation of this article may not be appealed to arbitration if the alleged discrimination is based on one or more legally protected classes.of C. Non-reprisal for Grievances Grievances. A reprisal shall not be taken against a substitute in response to their t hat t heir s ubstitute's right to file a grievance as provided in this Agreement. D. Academic Freedom Freedom. A substitute teacher while assigned as a substitute shall have the same Academic Freedom rights as provided in the PAT XXX Teachers' Contract when the substitute is responsible for lesson plans. Examples include when lesson plans are not provided by the regular teacher or when students finish the planned lesson early. E. Student Grades and Discipline When the substitute is responsible for grading, and issues student grades in accordance with District policies, a supervisor shall not change them unless a substantive reason exists. This provision shall not be interpreted to allow a substitute to assign grades in any manner which deviates from general District-wide practices. A substitute shall have the same rights in administering student discipline and student health procedures as the regular teacher for whom they are substituting. The building discipline plan shall be included in the substitute building folder at each site and such plan shall conform with District policies and regulations. 1. An allegation that a student has committed assault or battery upon a unit member shall result in the removal of the student from the responsibility of the unit member pending administrative investigation of the incident. The administrator shall exercise appropriate progressive discipline. If the investigation shows battery did occur and the unit member so recommends, the student will not be returned to the affected member's responsibility. 2. Any student making a serious or menacing threat of harm to the person, property or family members of a substitute shall be immediately subject to appropriate discipline in accordance with the Students' Rights and Responsibilities Handbook. 3. Student behavioral records shall be accessible to the affected substitute. School officials will set up procedures so that information about students with records of violence including weapon violations will be available, in accordance with the law, to members who “need to know” as a result of an assignment to teach or supervise the student. 4. Any student found to have committed assault or battery upon a unit member shall be immediately subject to appropriate discipline in accordance with the Students' Rights and Responsibilities Handbook. However, there shall be a minimum of five (5) days suspension for a threat (assault) and mandatory expulsion for the remainder of the year for battery. The Superintendent may modify the disciplinary consequences on a case-by-case basis.

Substitute Rights. A. Physical Examinations Physical examinations of substitutes shall not be required. However, the District may require that the substitute provide medical documentation that they are medically and physically able to perform the job duties of a substitute. B. Nondiscrimination In matters of wages, hours and employment relations, or any other matter covered by this Agreement, the District agrees to follow a policy of not discriminating against any substitute on the basis of race, color, national origin, ancestry, sex, age, weight, height, marital status, religion, disability, sexual orientation, gender identity, lawful off-duty political activity or associations, membership or non-membership in the Association or participation in its activities, the fact that the substitute's residence is outside the District, association with another person within a class or with a status listed in this paragraph, or as otherwise provided by School Board policy. However, this provision shall not be construed to prevent the following: 1. District participation in programs conducted in an effort to increase opportunities for historically underserved groups, subject to the provisions of this Agreement. 2. Distinctions resulting from a bona fide occupational requirement reasonably necessary to the normal operation of the District, including, but not limited to, distinctions due to the physical requirements of the employment, lack of adequate facilities to accommodate both sexes, or other distinctions authorized by law including retirement requirements. 3. Consequences of District policies pertaining to assignment of spouses both employed by the District if one is an administrative or supervisory employee. 4. It is the intention of the parties that the interpretation given to this Article shall be consistent with the proper interpretation of the provisions of the Oregon Fair Employment Practices law contained in ORS 659A. A grievance alleging violation of this article may not be appealed to arbitration if the alleged discrimination is based on one or more legally protected classes. C. Non-reprisal for Grievances A reprisal shall not be taken against a substitute in response to their right to file a grievance as provided in this Agreement. D. Academic Freedom A substitute shall have the same Academic Freedom rights as provided in the PAT Teachers' Contract when the substitute is responsible for lesson plans. Examples include when lesson plans are not provided by the regular teacher or when students finish the planned lesson early. E. Student Grades and Discipline When the substitute is responsible for grading, and issues student grades in accordance with District policies, a supervisor shall not change them unless a substantive reason exists. This provision shall not be interpreted to allow a substitute to assign grades in any manner which deviates from general Districtdistrict-wide practices. A substitute shall have the same rights in administering student discipline and student health procedures as the regular teacher for whom they are substituting. The building discipline plan shall be included in the substitute building folder at each site and such plan shall conform with District policies and regulations. 1. An allegation that a student has committed assault or battery upon a unit member shall result in the removal of the student from the responsibility of the unit member pending administrative investigation of the incident. The administrator shall exercise appropriate progressive discipline. If the investigation shows battery did occur and the unit member so recommends, the student will not be returned to the affected member's responsibility. 2. Any student making a serious or menacing threat of harm to the person, property or family members of a substitute shall be immediately subject to appropriate discipline in accordance with the Students' Rights and Responsibilities Handbook. 3. Student behavioral records shall be accessible to the affected substitutereceiving unit member. School officials will set up procedures so that information about students with records of violence including weapon violations will be available, in accordance with the law, to members who “"need to know” " as a result of an assignment to teach or supervise the student. 4. Any student found to have committed assault or battery upon a unit member shall be immediately subject to appropriate discipline in accordance with the Students' Rights and Responsibilities Handbook. However, there shall be a minimum of five (5) days suspension for a threat (assault) and mandatory expulsion for the remainder of the year for battery. The Superintendent may modify the disciplinary consequences on a case-by-case basis.