Common use of TEACHER PROTECTION Clause in Contracts

TEACHER PROTECTION. A. The Board recognizes its responsibilities to continue to give administrative backing and support to its teachers, although each teacher bears the primary responsibility for maintaining proper control and discipline in his/her classroom. The Building Student Behavior Committee (BSBC) and District Student Behavior Committee (DSBC) will be utilized to assist in fulfilling these responsibilities. 1. A teacher may send to the principal and/or request the removal of a pupil from his/her class or classroom when the grossness of the offense, the persistence of misbehavior, or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. In each case, the teacher will furnish the principal, as promptly as his/her teaching obligations will allow, but in no event later than the close of the school day, a signed statement containing the full particulars of the incident. 2. Building principals will provide their teachers with copies of all policies involving student suspension and expulsion for reasons of unexcused absence and/or tardies. Copies of other Board policies regulating students are available from the building principal. 3. When a student is suspended or expelled, the referring teacher and/or teachers having direct instructional responsibility for the student will be notified of such action within two (2) school days. In other cases of student discipline the referring teacher shall receive a copy of the written disciplinary action. 4. Individual classroom teachers have the authority to establish reasonable classroom rules, which are consistent with Board policies and Student Handbooks. Updated copies of classroom rules shall be provided to the building administrator for advance review. 5. In any case where a teacher and administrator fail to agree upon the appropriate student discipline, the matter is subject to review by the BSBC and, if necessary, the DSBC. B. It shall be the responsibility of the teacher to report to his/her principal the name of any student who, in the opinion of the teacher, needs assistance from skilled personnel. The teacher shall be advised by the principal of the disposition of the teacher's report that a particular student needs such assistance. C. Any assault and/or battery by or upon a teacher in connection with the teacher's employment shall be immediately reported to the administration. Whenever a teacher is absent from school as a result of personal injury to that teacher caused by an assault arising out of and in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any workers’ compensation paid for temporary disability due to said injury) for the period of such absence not to exceed ten (10) school months. The Board may, at its option, request a confirming statement from a medical doctor relative to the duration of such absence from the teaching assignment. As soon as such teacher is physically able to return to work, he/she shall be restored to his/her previous position or an equivalent position. When an instance of assault and/or battery by or upon a teacher is reported to law enforcement authorities, the teacher(s) and administration shall cooperate in the investigation and processing of that matter with law enforcement officials, provided, that this shall not enable or require any teacher or administrator to violate laws or regulations pertaining to confidentiality of pupil records or communications. Prior to meeting with law enforcement officials for the above purposes, teachers will be allowed adequate opportunity to consult with the administration and/or Association regarding confidentiality of pupil records or communications. D. In administering discipline, the District shall apply its rules, orders and penalties in an impartial and equitable manner. All investigations regarding alleged breaches of proper teacher conduct shall be conducted fairly and objectively, and with the teacher’s knowledge, unless the investigation would be compromised if the teacher knew of the investigation. In all cases, the teacher shall be informed of the investigation before its conclusion. Upon the conclusion of the District’s investigation, if it is determined that the teacher should be disciplined, the teacher will be advised promptly of the disciplinary action and the reasons for such action. No teacher shall be reprimanded and/or disciplined without due process in accordance with the collective bargaining agreement. Should disciplinary action be likely to occur at a given meeting, the teacher shall be informed prior to the meeting of said possibility and shall be advised by the administrator of the teacher’s right to Association representation. E. Non-probationary teachers shall not be reprimanded and/or disciplined without just cause. While a teacher is on probation, he/she shall not be reprimanded and/or disciplined in an arbitrary and/or capricious manner, which shall include both the reason for and the administration of discipline. The nonrenewal of a probationary teacher for unsatisfactory performance shall not constitute discipline within the meaning of this section. The Board will follow a policy of progressive discipline, which includes the following levels of discipline: verbal warning, written warning, written reprimand, suspension with pay, suspension without pay, and discharge. The Association and the Board recognize that discipline may necessitate a more severe level according to the grossness of the action. F. A teacher shall, at his/her request, be entitled to the presence of an Association Representative when called to the office of an administrator for the intended purpose of being officially reprimanded or disciplined regarding any infraction of rules or delinquency in teaching responsibilities. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present. Provided, however, the principal, in any and all instances, may also request that the Association Representative be present on any disciplinary matter unless the teacher objects. If an Association Representative is requested to be present, no more than two (2) working days may lapse before such meeting is held, unless an extension is mutually agreed to by both parties. It is understood that a teacher may waive the right to have an Association Representative present and that warnings and reprimands related to a teacher's performance or assigned duties may be discussed privately between the teacher and principal. G. Written reprimands which are placed in a teacher's personnel file shall first be signed and dated by the teacher. Should a teacher disagree with the contents of the reprimand being placed in his/her file, he/she may have his/her written objections attached to such reprimand. H. Many times, parental concerns can best be resolved informally through discussions between parents and teachers. Whenever possible and appropriate, the complainant will be referred back to the teacher except where legal issues are involved including, but not limited to, allegations of harassment, discrimination, corporal punishment or where the teacher is unavailable for an extended period of time. 1. Any written complaint received by an administrator about a teacher or his/her teaching ability shall be called to the teacher's attention and a copy of the complaint given to the teacher within twenty-four (24) hours or no later than the next school day, unless receiving the complaint would compromise an investigation. 2. When appropriate, any verbal complaint received by an administrator will be discussed with the teacher within two (2) school days if the content or nature of the complaint impacts the teacher, unless discussing the complaint would compromise an investigation. 3. The administrator shall validate all complaints prior to taking any disciplinary action. The teacher shall be given an opportunity to respond to the complaint (including, where appropriate, a meeting with the parent) before any disciplinary or other corrective action is taken. 4. In the event the nature of any complaint may cause the teacher's principal to question the teaching ability of the teacher, no conclusion that the teacher is deficient in the act of teaching shall be drawn, without first conducting an evaluation consistent with the procedure outlined in Article 9, Section H. I. Any complaint made against a teacher which is written and placed in the teacher's personnel file shall be first initialed and dated by the teacher. Any complaint which, after investigation, is proven to be unsubstantiated shall be removed promptly from the teacher’s personnel file. However, the administration shall retain a copy of the complaint and pertinent investigation materials in order to substantiate that an investigation was conducted. Substantiated complaints shall be retained in the teacher's personnel file without limitation, unless removed through operation of the grievance procedure contained in this Agreement or as provided for under the Xxxxxxx-Xxxxxxxx Employee Right to Know Act. J. Upon request, a teacher shall have the right to inspect his/her Central Office personnel file. The request shall be made with Central Office during working hours. The inspection must be made in the presence of the administrator or designee responsible for the safekeeping of the files. Legally exempt information (such as employment references obtained at the time of initial hire) or information that the Board deems to be privileged, is specifically exempted from such inspection. The administrator may remove such privileged information from the file prior to the inspection of the file by the teacher. Personnel file information shall not be stored on any computer with unsecured access. 1. A representative of the Association may, at the request of the teacher, accompany the teacher during the review of his/her personnel file. 2. No material may be placed in an employee’s personnel file without allowing the teacher an opportunity to file a response thereto and said response shall become part of said file. 3. In the event that a court order is presented for information from the personnel file, the teacher shall be promptly provided with a copy of the court order. 4. Information from the teacher personnel file may not be released to third parties who are not representatives or agents of the District without prior written permission of the teacher, unless such release is required by law. 5. Nothing contained herein shall be construed as a limitation on the District’s ability to access or review an employee’s personnel file in the ordinary course of business. K. It is recognized that the Board may be legally required to disclose personnel file documents under the Freedom of Information Act (FOIA), pursuant to Section 1230b of the Revised School Code and/or other statutory authority. 1. To the extent permitted by law, the Board shall require that any request for information from a teacher’s personnel file shall be placed in writing and be as specific as possible. An unaltered copy of the request shall be furnished to the Association and the affected teacher. 2. When the District’s FOIA Coordinator receives a FOIA request to disclose documents contained in a teacher's personnel file, the teacher shall be notified on the same day of the District’s receipt of the FOIA request. If the request is received after the close of the teacher’s work day, notice shall be given the morning of the next business day. In the event the teacher cannot be contacted as delineated, then the designated Association Representative(s) shall be notified, and notice to the Association is deemed to be notice to the teacher. The teacher and/or Association designee shall be responsible for obtaining a copy of the FOIA request from Central Office. 3. The Administration shall provide a checklist of documents to be released to the teacher and the Association. The Association shall advise the Board in writing of its objections, if any, to the release of such documents and the grounds therefore prior to the date of the required disclosure. The District recognizes its responsibility to protect the privacy rights of its employees, as well as its obligation to comply with the FOIA. If the District believes the request for disclosure of information is in conformance with the FOIA, then it shall be the Association’s responsibility to pursue the appropriate remedy regarding such disclosure. 4. If the individual teacher wishes to write a response to any disciplinary or evaluative records, which are to be released, he/she shall do so prior to the date of the required disclosure. The individual teacher’s written response shall accompany the released documents. The individual teacher shall receive copies of all released information. 5. Only to the extent permitted by law is requested information to be released. L. The Board and Association recognize that cooperation and mutual respect among faculty members is an important aspect of a successful educational program. Where a dispute between faculty members is of a serious nature and has not been resolved after initial efforts to do so by the involved teachers and the Association, any teacher who is a party to such dispute may request the building administrator to convene a meeting for the purposes of identifying the nature of the dispute and for addressing potential solutions. Attendance at this meeting shall be mandatory for all teachers involved in the dispute, whether as a direct disputant or as a witness. Teachers required to attend the meeting shall be entitled, at their election, to be accompanied by an Association Representative. The administrator convening the meeting may also choose to involve another administrator or other District representative at this meeting. The convening of a meeting for the above purpose shall not preclude the administration from imposing disciplinary action upon a teacher or incorporating reference to the matter in the teacher's evaluation, subject to the provisions of this Agreement, where it is determined that a teacher has engaged in misconduct or other inappropriate behavior. Further, a meeting called under this section shall not supplant or replace other established procedures (e.g. sexual harassment) for the processing of complaints by one or more bargaining unit members against a colleague. M. The parties recognize the need for parental involvement as part of the educational process. It is also understood that teachers are responsible for the orderly delivery of education to all students in their classroom. To prevent undue disruption to the learning environment, a parent is expected to make arrangements with the teacher for the purpose of visiting his/her child’s classroom. If the parent is unable to make arrangements with the teacher, then the building principal will be responsible for making such arrangements and notifying the teacher. Whenever possible, the parent’s request to visit his/her child’s classroom will be arranged within twenty-four (24) hours of the request. Any other visitor must contact the building principal who will consult with the classroom teacher to determine the appropriateness and timing of the visit. The parties agree that it is educationally inappropriate to have visitor(s) in the classroom when testing is taking place.

TEACHER PROTECTION. A. The Board recognizes its responsibilities to continue to give administrative backing and support to its teachers, although each teacher bears the primary responsibility for maintaining proper control and discipline in his/her classroom. The Building Student Behavior Committee (BSBC) and District Student Behavior Committee (DSBC) will be utilized to assist in fulfilling these responsibilities. 1. A teacher may send to the principal and/or request the removal of a pupil from his/her class or classroom when the grossness of the offense, the persistence of misbehavior, or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. In each case, the teacher will furnish the principal, as promptly as his/her teaching obligations will allow, but in no event later than the close of the school day, a signed statement containing the full particulars of the incident. 2. Building principals will provide their teachers with copies of all policies involving student suspension and expulsion for reasons of unexcused absence and/or tardies. Copies of other Board policies regulating students are available from the building principal. 3. When a student is suspended or expelled, the referring teacher and/or teachers having direct instructional responsibility for the student will be notified of such action within two (2) school days. In other cases of student discipline the referring teacher shall receive a copy notification either electronically or in writing of the written disciplinary action. 4. Individual classroom teachers have the authority to establish reasonable classroom rules, which are consistent with Board policies and Student Handbooks. Updated copies of classroom rules shall be provided to the building administrator for advance review. 5. In any case where a teacher and administrator fail to agree upon the appropriate student discipline, the matter is subject to review by the BSBC and, if necessary, the DSBC. B. It shall be the responsibility of the teacher to report to his/her principal the name of any student who, in the opinion of the teacher, needs assistance from skilled personnel. The teacher shall be advised by the principal of the disposition of the teacher's report that a particular student needs such assistance. C. Any assault and/or battery by or upon a teacher in connection with the teacher's employment shall be immediately reported to the administration. Whenever a teacher is absent from school as a result of personal injury to that teacher caused by an assault arising out of and in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any workers’ compensation paid for temporary disability due to said injury) for the period of such absence not to exceed ten (10) school months. The Board may, at its option, request a confirming statement from a medical doctor relative to the duration of such absence from the teaching assignment. As soon as such teacher is physically able to return to work, he/she shall be restored to his/her previous position or an equivalent position. When an instance of assault and/or battery by or upon a teacher is reported to law enforcement authorities, the teacher(s) and administration shall cooperate in the investigation and processing of that matter with law enforcement officials, provided, that this shall not enable or require any teacher or administrator to violate laws or regulations pertaining to confidentiality of pupil records or communications. Prior to meeting with law enforcement officials for the above purposes, teachers will be allowed adequate opportunity to consult with the administration and/or Association regarding confidentiality of pupil records or communications. D. In administering discipline, the District shall apply its rules, orders and penalties in an impartial and equitable manner. All investigations regarding alleged breaches of proper teacher conduct shall be conducted fairly and objectively, and with the teacher’s knowledge, unless the investigation would be compromised if the teacher knew of the investigation. In all cases, the teacher shall be informed of the investigation before its conclusion. Upon the conclusion of the District’s investigation, if it is determined that the teacher should be disciplined, the teacher will be advised promptly of the disciplinary action and the reasons for such action. No teacher shall be reprimanded and/or disciplined without due process in accordance with the collective bargaining agreement. Should disciplinary action be likely to occur at a given meeting, the teacher shall be informed prior to the meeting of said possibility and shall be advised by the administrator of the teacher’s right to Association representation. E. Non-probationary teachers shall not be reprimanded and/or disciplined without just cause. While a teacher is on probation, he/she shall not be reprimanded and/or disciplined in an arbitrary and/or capricious manner, which shall include both the reason for and the administration of discipline. The nonrenewal of a probationary teacher for unsatisfactory performance shall not constitute discipline within the meaning of this section. The Board will follow a policy of progressive discipline, which includes the following levels of discipline: verbal warning, written warning, written reprimand, suspension with pay, suspension without pay, and discharge. The Association and the Board recognize that discipline may necessitate a more severe level according to the grossness of the action. F. A teacher shall, at his/her request, be entitled to the presence of an Association Representative when called to the office of an administrator for the intended purpose of being officially reprimanded or disciplined regarding any infraction of rules or delinquency in teaching responsibilities. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present. Provided, however, the principal, in any and all instances, may also request that the Association Representative be present on any disciplinary matter unless the teacher objects. If an Association Representative is requested to be present, no more than two (2) working days may lapse before such meeting is held, unless an extension is mutually agreed to by both parties. It is understood that a teacher may waive the right to have an Association Representative present and that warnings and reprimands related to a teacher's performance or assigned duties may be discussed privately between the teacher and principal. G. E. Written reprimands which are placed in a teacher's personnel file shall first be signed and dated by the teacher. Should a teacher disagree with the contents of the reprimand being placed in his/her file, he/she may have his/her written objections attached to such reprimand. H. F. Many times, parental concerns can best be resolved informally through discussions between parents and teachers. Whenever possible and appropriate, the complainant will be referred back to the teacher except where legal issues are involved including, but not limited to, allegations of harassment, discrimination, corporal punishment or where the teacher is unavailable for an extended period of time. 1. Any written complaint received by an administrator about a teacher or his/her teaching ability shall be called to the teacher's attention and a copy of the complaint given to the teacher within twenty-four (24) hours or no later than the next school day, unless receiving the complaint would compromise an investigation. 2. When appropriate, any verbal complaint received by an administrator will be discussed with the teacher within two (2) school days if the content or nature of the complaint impacts the teacher, unless discussing the complaint would compromise an investigation. 3. The administrator shall validate all complaints prior to taking any disciplinary action. The teacher shall be given an opportunity to respond to the complaint (including, where appropriate, a meeting with the parent) before any disciplinary or other corrective action is taken. 4. In the event the nature of any complaint may cause the teacher's principal to question the teaching ability of the teacher, no conclusion that the teacher is deficient in the act of teaching shall be drawn, without first conducting an evaluation consistent with the procedure outlined in Article 9, Section H. I. G. Any complaint made against a teacher which is written and placed in the teacher's personnel file shall be first initialed and dated by the teacher. Any complaint which, after investigation, is proven to be unsubstantiated shall be removed promptly from the teacher’s personnel file. However, the administration shall retain a copy of the complaint and pertinent investigation materials in order to substantiate that an investigation was conducted. Substantiated complaints shall be retained in the teacher's personnel file without limitation, unless removed through operation of the grievance procedure contained in this Agreement or as provided for under the Xxxxxxx-Xxxxxxxx Employee Right to Know Act. J. H. Upon request, a teacher shall have the right to inspect his/her Central Office personnel file. The request shall be made with Central Office during working hours. The inspection must be made in the presence of the administrator or designee responsible for the safekeeping of the files. Legally exempt information (such as employment references obtained at the time of initial hire) or information that the Board deems to be privileged, is specifically exempted from such inspection. The administrator may remove such privileged information from the file prior to the inspection of the file by the teacher. Personnel file information shall not be stored on any computer with unsecured access. 1. A representative of the Association may, at the request of the teacher, accompany the teacher during the review of his/her personnel file. 2. No material may be placed in an employee’s personnel file without allowing the teacher an opportunity to file a response thereto and said response shall become part of said file. 3. In the event that a court order is presented for information from the personnel file, the teacher shall be promptly provided with a copy of the court order. 4. Information from the teacher personnel file may not be released to third parties who are not representatives or agents of the District without prior written permission of the teacher, unless such release is required by law. 5. Nothing contained herein shall be construed as a limitation on the District’s ability to access or review an employee’s personnel file in the ordinary course of business. K. I. It is recognized that the Board may be legally required to disclose personnel file documents under the Freedom of Information Act (FOIA), pursuant to Section 1230b of the Revised School Code and/or other statutory authority. 1. To the extent permitted by law, the Board shall require that any request for information from a teacher’s personnel file shall be placed in writing and be as specific as possible. An unaltered copy of the request shall be furnished to the Association and the affected teacher. 2. When the District’s FOIA Coordinator receives a FOIA request to disclose documents contained in a teacher's personnel file, the teacher shall be notified on the same day of the District’s receipt of the FOIA request. If the request is received after the close of the teacher’s work day, notice shall be given the morning of the next business day. In the event the teacher cannot be contacted as delineated, then the designated Association Representative(s) shall be notified, and notice to the Association is deemed to be notice to the teacher. The teacher and/or Association designee shall be responsible for obtaining a copy of the FOIA request from Central Office. 3. The Administration shall provide a checklist of documents to be released to the teacher and the Association. The Association shall advise the Board in writing of its objections, if any, to the release of such documents and the grounds therefore prior to the date of the required disclosure. The District recognizes its responsibility to protect the privacy rights of its employees, as well as its obligation to comply with the FOIA. If the District believes the request for disclosure of information is in conformance with the FOIA, then it shall be the Association’s responsibility to pursue the appropriate remedy regarding such disclosure. 4. If the individual teacher wishes to write a response to any disciplinary or evaluative records, which are to be released, he/she shall do so prior to the date of the required disclosure. The individual teacher’s written response shall accompany the released documents. The individual teacher shall receive copies of all released information. 5. Only to the extent permitted by law is requested information to be released. L. J. The Board and Association recognize that cooperation and mutual respect among faculty members is an important aspect of a successful educational program. Where a dispute between faculty members is of a serious nature and has not been resolved after initial efforts to do so by the involved teachers and the Association, any teacher who is a party to such dispute may request the building administrator to convene a meeting for the purposes of identifying the nature of the dispute and for addressing potential solutions. Attendance at this meeting shall be mandatory for all teachers involved in the dispute, whether as a direct disputant or as a witness. Teachers required to attend the meeting shall be entitled, at their election, to be accompanied by an Association Representative. The administrator convening the meeting may also choose to involve another administrator or other District representative at this meeting. The convening of a meeting for the above purpose shall not preclude the administration from imposing disciplinary action upon a teacher or incorporating reference to the matter in the teacher's evaluation, subject to the provisions of this Agreement, where it is determined that a teacher has engaged in misconduct or other inappropriate behavior. Further, a meeting called under this section shall not supplant or replace other established procedures (e.g. sexual harassment) for the processing of complaints by one or more bargaining unit members against a colleague. M. K. The parties recognize the need for parental involvement as part of the educational process. It is also understood that teachers are responsible for the orderly delivery of education to all students in their classroom. To prevent undue disruption to the learning environment, a parent is expected to make arrangements with the teacher for the purpose of visiting his/her child’s classroom. If the parent is unable to make arrangements with the teacher, then the building principal will be responsible for making such arrangements and notifying the teacher. Whenever possible, the parent’s request to visit his/her child’s classroom will be arranged within twenty-four (24) hours of the request. Any other visitor must contact the building principal who will consult with the classroom teacher to determine the appropriateness and timing of the visit. The parties agree that it is educationally inappropriate to have visitor(s) in the classroom when testing is taking place.

TEACHER PROTECTION. A. The Board recognizes its responsibilities to continue responsibility to give administrative backing all reasonable support and support assistance to its teachers, although each teacher bears teachers with respect to the primary responsibility for maintaining proper maintenance of control and discipline in his/her the classroom, on the school property and during all school sponsored events. The Building Student Behavior Committee (BSBC) Association pledges the support of all teachers in enforcing the published rules and District Student Behavior Committee (DSBC) will be utilized regulations of the school district as they apply to assist in fulfilling these responsibilitiesstudents. 1. B. Each building principal shall review the discipline policy with the building staff at the initial staff meeting. C. A teacher may send to the principal and/or request the removal of exclude a pupil from his/her one class or classroom when the grossness of the offense, the persistence of misbehavior, the misbehavior or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. In each casesuch cases, the teacher will furnish shall notify the principal, as promptly as his/her teaching obligations will allow, but in 's office by the end of that working day. The written particulars shall be furnished to the principal's office no event later than the close of the school day, a signed statement containing the full particulars of one (1) working day following the incident. 2X. Xxxxxxxxxx of students from school may be imposed only by a principal or the designated representative. Building principals will provide their teachers School authorities shall endeavor to achieve correction of student misbehavior through counseling and interviews with copies of all policies involving student suspension the child and expulsion for reasons of unexcused absence and/or tardies. Copies of other Board policies regulating students are available from the building principalhis parents when warranted. 3. When E. Any case of assault upon a student is suspended or expelled, the referring teacher and/or teachers having direct instructional responsibility for the student will be notified of such action within two (2) school days. In other cases of student discipline the referring teacher shall receive a copy of the written disciplinary action. 4. Individual classroom teachers have the authority to establish reasonable classroom rules, which are consistent with Board policies and Student Handbooks. Updated copies of classroom rules shall be provided to the building administrator for advance review. 5. In any case where a teacher and administrator fail to agree upon the appropriate student discipline, the matter is subject to review by the BSBC and, if necessary, the DSBC. B. It shall be the responsibility of the teacher to report to his/her principal the name of any student who, in the opinion of the teacher, needs assistance from skilled personnel. The teacher shall be advised promptly reported to the Board or its designated representative. The Board shall provide legal counsel to advise the teacher of his rights and obligations with respect to such assault. Provided the teacher is not in violation of any published Board policy or any published administrative regulations, the Board of Education and its designated representatives shall render assistance to the teacher in connection with the handling of the incident by law enforcement and judicial authorities. F. If any teacher is complained against or sued as a result of any action taken by the principal teacher while in pursuit of his employment, the disposition of Board shall provide and render all necessary assistance to the teacher's report that a particular student needs such assistanceteacher in his defense, provided the teacher has not violated any published Board policy or any published administrative regulation. C. Any assault and/or battery G. Time lost by or upon a teacher in connection with any job related incident mentioned in this Article shall not be charged against the teacher's employment shall be immediately reported , provided the time lost is not due to the administration. Whenever a teacher is absent from school as a result of personal injury to that teacher caused by an assault arising out of and in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any workers’ compensation paid for temporary disability due to said injury) for the period of such absence not to exceed ten (10) school months. The Board may, at its option, request a confirming statement from a medical doctor relative to the duration of such absence from the teaching assignment. As soon as such teacher is physically able to return to work, he/she shall be restored to his/her previous position misconduct or an equivalent position. When an instance of assault and/or battery by or upon a teacher is reported to law enforcement authorities, the teacher(s) and administration shall cooperate in the investigation and processing of that matter with law enforcement officials, provided, that this shall not enable or require any teacher or administrator to violate laws or regulations pertaining to confidentiality of pupil records or communications. Prior to meeting with law enforcement officials for the above purposes, teachers will be allowed adequate opportunity to consult with the administration and/or Association regarding confidentiality of pupil records or communications. D. In administering discipline, the District shall apply its rules, orders and penalties in an impartial and equitable manner. All investigations regarding alleged breaches of proper teacher conduct shall be conducted fairly and objectively, and with the teacher’s knowledge, unless the investigation would be compromised if the teacher knew of the investigation. In all cases, the teacher shall be informed of the investigation before its conclusion. Upon the conclusion of the District’s investigation, if it is determined that the teacher should be disciplined, the teacher will be advised promptly of the disciplinary action and the reasons for such action. No teacher shall be reprimanded and/or disciplined without due process in accordance with the collective bargaining agreement. Should disciplinary action be likely to occur at a given meeting, the teacher shall be informed prior to the meeting of said possibility and shall be advised by the administrator negligence of the teacher’s right to Association representation. E. Non-probationary teachers shall not be reprimanded and/or disciplined without just cause. While a teacher is on probation, he/she shall not be reprimanded and/or disciplined in an arbitrary and/or capricious manner, which shall include both the reason for and the administration of discipline. The nonrenewal of a probationary teacher for unsatisfactory performance shall not constitute discipline within the meaning of this section. The Board will follow a policy of progressive discipline, which includes the following levels of discipline: verbal warning, written warning, written reprimand, suspension with pay, suspension without pay, and discharge. The Association and the Board recognize that discipline may necessitate a more severe level according to the grossness of the action. F. A teacher shall, at his/her request, be entitled to the presence of an Association Representative when called to the office of an administrator for the intended purpose of being officially reprimanded or disciplined regarding any infraction of rules or delinquency in teaching responsibilities. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present. Provided, however, the principal, in any and all instances, may also request that the Association Representative be present on any disciplinary matter unless the teacher objects. If an Association Representative is requested to be present, no more than two (2) working days may lapse before such meeting is held, unless an extension is mutually agreed to by both parties. It is understood that a teacher may waive the right to have an Association Representative present and that warnings and reprimands related to a teacher's performance or assigned duties may be discussed privately between the teacher and principal. G. Written reprimands which are placed in a teacher's personnel file shall first be signed and dated by the teacher. Should a teacher disagree with the contents of the reprimand being placed in his/her file, he/she may have his/her written objections attached to such reprimand. H. Many times, parental concerns can best be resolved informally through discussions between parents and teachers. Whenever possible and appropriateWhen the employer becomes aware of an incident or receives a complaint regarding an employee which may result in disciplinary action against the employee, the complainant employee will be referred back to the teacher except where legal issues are involved including, but not limited to, allegations notified within five (5) work days of harassment, discrimination, corporal punishment or where the teacher is unavailable for an extended period of time. 1. Any written complaint received by an administrator about a teacher or his/her teaching ability shall be called to the teacher's attention and a copy of the complaint given to the teacher within twenty-four (24) hours or no later than the next school day, unless receiving the complaint would compromise an investigation. 2. When appropriate, any verbal complaint received by an administrator will be discussed with the teacher within two (2) school days if the content or nature of the complaint impacts the teacher, unless discussing the complaint would compromise an investigation. 3. The administrator shall validate all complaints prior to taking any disciplinary action. The teacher shall be given an opportunity to respond to the complaint (including, where appropriate, a meeting with the parent) before any disciplinary or other corrective action is taken. 4. In the event the nature of any complaint may cause the teacher's principal to question the teaching ability of the teacher, no conclusion that the teacher is deficient in the act of teaching shall be drawn, without first conducting an evaluation consistent with the procedure outlined in Article 9, Section H. I. Any complaint made against a teacher which is written and placed in the teacher's personnel file shall be first initialed and dated by the teacher. Any complaint which, after investigation, is proven to be unsubstantiated shall be removed promptly from the teacher’s personnel file. However, the administration shall retain a copy of the complaint and pertinent investigation materials in order to substantiate that an investigation was conducted. Substantiated complaints shall be retained in the teacher's personnel file without limitation, unless removed through operation of the grievance procedure contained in this Agreement or as provided for under the Xxxxxxx-Xxxxxxxx Employee Right to Know Act. J. Upon request, a teacher shall have the right to inspect his/her Central Office personnel file. The request shall be made with Central Office during working hours. The inspection must be made in the presence of the administrator or designee responsible for the safekeeping of the files. Legally exempt information (such as employment references obtained at the time of initial hire) or information that the Board deems to be privileged, is specifically exempted from such inspection. The administrator may remove such privileged information from the file prior to the inspection of the file by the teacher. Personnel file information shall not be stored on any computer with unsecured access. 1. A representative of the Association may, at the request of the teacher, accompany the teacher during the review of his/her personnel file. 2. No material may be placed in an employee’s personnel file without allowing the teacher an opportunity to file a response thereto and said response shall become part of said file. 3. In the event that a court order is presented for information from the personnel file, the teacher shall be promptly provided with a copy of the court order. 4. Information from the teacher personnel file may not be released to third parties who are not representatives or agents of the District without prior written permission of the teacher, unless such release is required by law. 5. Nothing contained herein shall be construed as a limitation on the District’s ability to access or review an employee’s personnel file in the ordinary course of business. K. It is recognized that the Board may be legally required to disclose personnel file documents under the Freedom of Information Act (FOIA), pursuant to Section 1230b of the Revised School Code and/or other statutory authority. 1. To the extent permitted by law, the Board shall require that any request for information from a teacher’s personnel file shall be placed in writing and be as specific as possible. An unaltered copy of the request shall be furnished to the Association and the affected teacher. 2. When the District’s FOIA Coordinator receives a FOIA request to disclose documents contained in a teacher's personnel file, the teacher shall be notified on the same day of the District’s receipt of the FOIA request. If information or complaint that the request incident or complaint is received after the close of the teacher’s work day, notice shall be given the morning of the next business day. In the event the teacher cannot be contacted as delineated, then the designated Association Representative(s) shall be notified, and notice to the Association is deemed to be notice to the teacher. The teacher and/or Association designee shall be responsible for obtaining a copy of the FOIA request from Central Officeunder investigation. 3. The Administration shall provide a checklist of documents to be released to the teacher and the Association. The Association shall advise the Board in writing of its objections, if any, to the release of such documents and the grounds therefore prior to the date of the required disclosure. The District recognizes its responsibility to protect the privacy rights of its employees, as well as its obligation to comply with the FOIA. If the District believes the request for disclosure of information is in conformance with the FOIA, then it shall be the Association’s responsibility to pursue the appropriate remedy regarding such disclosure. 4. If the individual teacher wishes to write a response to any disciplinary or evaluative records, which are to be released, he/she shall do so prior to the date of the required disclosure. The individual teacher’s written response shall accompany the released documents. The individual teacher shall receive copies of all released information. 5. Only to the extent permitted by law is requested information to be released. L. The Board and Association recognize that cooperation and mutual respect among faculty members is an important aspect of a successful educational program. Where a dispute between faculty members is of a serious nature and has not been resolved after initial efforts to do so by the involved teachers and the Association, any teacher who is a party to such dispute may request the building administrator to convene a meeting for the purposes of identifying the nature of the dispute and for addressing potential solutions. Attendance at this meeting shall be mandatory for all teachers involved in the dispute, whether as a direct disputant or as a witness. Teachers required to attend the meeting shall be entitled, at their election, to be accompanied by an Association Representative. The administrator convening the meeting may also choose to involve another administrator or other District representative at this meeting. The convening of a meeting for the above purpose shall not preclude the administration from imposing disciplinary action upon a teacher or incorporating reference to the matter in the teacher's evaluation, subject to the provisions of this Agreement, where it is determined that a teacher has engaged in misconduct or other inappropriate behavior. Further, a meeting called under this section shall not supplant or replace other established procedures (e.g. sexual harassment) for the processing of complaints by one or more bargaining unit members against a colleague. M. The parties recognize the need for parental involvement as part of the educational process. It is also understood that teachers are responsible for the orderly delivery of education to all students in their classroom. To prevent undue disruption to the learning environment, a parent is expected to make arrangements with the teacher for the purpose of visiting his/her child’s classroom. If the parent is unable to make arrangements with the teacher, then the building principal will be responsible for making such arrangements and notifying the teacher. Whenever possible, the parent’s request to visit his/her child’s classroom will be arranged within twenty-four (24) hours of the request. Any other visitor must contact the building principal who will consult with the classroom teacher to determine the appropriateness and timing of the visit. The parties agree that it is educationally inappropriate to have visitor(s) in the classroom when testing is taking place.

TEACHER PROTECTION. A. The Board recognizes its responsibilities acknowledges the desirability of giving reasonable support and assistance to continue teachers with respect to give administrative backing and support to its teachers, although each teacher bears the primary responsibility for maintaining proper maintenance of control and discipline in the classroom. Individual school procedures and policies for handling student discipline shall be reviewed by each school’s School Advisory Council and revised or developed as needed so as to ensure that the referring teacher has the opportunity to input his/her classroomfeelings regarding the disposition of the referral. The Building Student Behavior Committee (BSBC) and District Student Behavior Committee (DSBC) Discipline procedures shall stress the importance of uniform application. When the offense is serious enough to warrant suspension of the student in accordance with the School Board policy and/or the School Discipline Plan, such referred student will not be utilized to assist in fulfilling these responsibilities. 1. A teacher may send returned to the principal and/or request teacher’s class the removal of same period (or 30 minutes in elementary school) from which the student was referred unless he/she is escorted by an administrator or a pupil written explanation from same stating his/her reasons for the student’s return accompanies the student. Except as otherwise provided herein, when a student(s) is referred to the administrator for disciplinary reasons, the teacher shall be informed of the conditions, if any, which have been imposed on the student before he/she reenters the class. Whenever the circumstances do not permit the administrator to address a particular student referral, the administrator may return the student to the referring teacher's class and recall the student at a later time. The referring teacher shall be notified of the necessity of such return and recall. If a serious situation exists, the teacher may return the student to the principal. Before the student is returned to class, serious consideration should be given to the effect such return would have on the learning environment for the other students in the class. If the consequence of a discipline referral is a conference with administration, the teacher shall be allowed to attend that conference if he or she requests. B. The teacher shall have the right and responsibility to impose classroom discipline where necessary and may use reasonable force to protect himself/herself from attack, or to prevent injury to a student where intervention is a prudent course of action. C. A teacher shall have the right to temporarily exclude a student from class when the grossness of the offense, the persistence of misbehavior, misbehavior or the disruptive effect of the violation behavior makes the continued presence of the student in the classroom intolerable. In each casesuch cases, the teacher will shall furnish the principal, principal or designated representative as promptly as his/her teaching teacher obligations will allow, but in no event later than the close of the school day, a signed statement containing the with full particulars of on the incident. 2problem or incident in writing. Building principals will provide their teachers with copies of all policies involving student suspension and expulsion for reasons of unexcused absence and/or tardies. Copies of other The Board policies regulating students are available from the building principal. 3. When a student is suspended or expelled, the referring teacher and/or teachers having direct instructional responsibility for the student will be notified of such action within two (2) school days. In other cases of student discipline the referring teacher shall receive a copy of the written disciplinary action. 4. Individual classroom teachers have the authority to establish reasonable classroom rules, which are consistent with Board policies and Student Handbooks. Updated copies of classroom rules shall be provided to the building administrator responsible for advance review. 5. In any case where a teacher and administrator fail to agree upon the appropriate student discipline, the matter is subject to review by the BSBC and, if necessary, the DSBC. B. It shall be the responsibility of notifying the teacher to report to his/her principal the name of any student who, in the opinion of the teacher, needs assistance from skilled personnel. The teacher shall be advised by the principal of the disposition of the teacher's report that a particular student needs such assistance. C. Any assault and/or battery by or upon a teacher in connection with the teacher's employment shall be immediately reported to the administration. Whenever a teacher is absent from school case as a result of personal injury to that teacher caused by an assault arising out of and in the course of his/her employment, he/she promptly as administrative obligations will be paid his/her full salary (less the amount of any workers’ compensation paid for temporary disability due to said injury) for the period of such absence not to exceed ten (10) school months. The Board may, at its option, request a confirming statement from a medical doctor relative to the duration of such absence from the teaching assignment. As soon as such teacher is physically able to return to work, he/she shall be restored to his/her previous position or an equivalent position. When an instance of assault and/or battery by or upon a teacher is reported to law enforcement authorities, the teacher(s) and administration shall cooperate in the investigation and processing of that matter with law enforcement officials, provided, that this shall not enable or require any teacher or administrator to violate laws or regulations pertaining to confidentiality of pupil records or communications. Prior to meeting with law enforcement officials for the above purposes, teachers will be allowed adequate opportunity to consult with the administration and/or Association regarding confidentiality of pupil records or communicationsallow. D. In administering disciplineSchool authorities will endeavor to achieve correction of student misbehavior through counseling, the District shall apply its rules, orders and penalties in an impartial and equitable manner. All investigations regarding alleged breaches of proper teacher conduct shall be conducted fairly and objectivelyinterviews, and with the teacher’s knowledge, unless the investigation would be compromised if the teacher knew of the investigation. In all cases, the teacher shall be informed of the investigation before its conclusion. Upon the conclusion of the District’s investigation, if it is determined that the teacher should be disciplined, the teacher will be advised promptly of the disciplinary action and the reasons for such action. No teacher shall be reprimanded and/or disciplined without due process in accordance with the collective bargaining agreement. Should disciplinary action be likely to occur at a given meeting, the teacher shall be informed prior to the meeting of said possibility and shall be advised by the administrator of the teacher’s right to Association representationconferences. E. Non-probationary teachers shall not be reprimanded and/or disciplined without just cause. While a teacher is on probation, he/she shall not be reprimanded and/or disciplined in an arbitrary and/or capricious manner, which shall include both the reason for The Board and the administration of discipline. The nonrenewal of a probationary teacher for unsatisfactory performance shall not constitute discipline within Union agree to review the meaning of this section. The Board will follow a policy of progressive discipline, which includes the following levels of discipline: verbal warning, written warning, written reprimand, suspension with pay, suspension without pay, and discharge. The Association and the Board recognize that discipline may necessitate a more severe level according to the grossness classroom management training of the action. F. A beginning teacher shall, at his/her request, be entitled to the presence of an Association Representative when called to the office of an administrator for the intended purpose of being officially reprimanded or disciplined regarding any infraction of rules or delinquency in teaching responsibilities. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present. Provided, however, the principal, in any and all instances, may also request that the Association Representative be present on any disciplinary matter unless the teacher objects. If an Association Representative is requested to be present, no more than two (2) working days may lapse before such meeting is held, unless an extension is mutually agreed to by both parties. It is understood that a teacher may waive the right to have an Association Representative present and that warnings and reprimands related to a teacher's performance or assigned duties may be discussed privately between the teacher and principal. G. Written reprimands which are placed in a teacher's personnel file shall first be signed and dated by the teacher. Should a teacher disagree with the contents of the reprimand being placed in his/her file, he/she may have his/her written objections attached to such reprimand. H. Many times, parental concerns can best be resolved informally through discussions between parents and teachers. Whenever possible and appropriate, the complainant will be referred back to the teacher except where legal issues are involved including, but not limited to, allegations of harassment, discrimination, corporal punishment or where the teacher is unavailable for an extended period of time. 1. Any written complaint received by an administrator about a teacher or his/her teaching ability shall be called to the teacher's attention and a copy of the complaint given to the teacher within twenty-four (24) hours or no later than the next school day, unless receiving the complaint would compromise an investigation. 2. When appropriate, any verbal complaint received by an administrator will be discussed with the teacher within two (2) school days if the content or nature of the complaint impacts the teacher, unless discussing the complaint would compromise an investigation. 3. The administrator shall validate all complaints prior to taking any disciplinary action. The teacher shall be given an opportunity to respond to the complaint (including, where appropriate, a meeting with the parent) before any disciplinary or other corrective action is taken. 4. In the event the nature of any complaint may cause the teacher's principal to question the teaching ability of the teacher, no conclusion that the teacher is deficient in the act of teaching shall be drawn, without first conducting an evaluation consistent with the procedure outlined in Article 9, Section H. I. Any complaint made against a teacher which is written and placed in the teacher's personnel file shall be first initialed and dated by the teacher. Any complaint which, after investigation, is proven to be unsubstantiated shall be removed promptly from the teacher’s personnel file. However, the administration shall retain a copy of the complaint and pertinent investigation materials in order to substantiate that an investigation was conducted. Substantiated complaints shall be retained in the teacher's personnel file without limitation, unless removed through operation of the grievance procedure contained in this Agreement or as provided for under the Xxxxxxx-Xxxxxxxx Employee Right to Know Act. J. Upon request, a teacher shall have the right to inspect his/her Central Office personnel file. The request shall be made with Central Office during working hours. The inspection must be made in the presence of the administrator or designee responsible for the safekeeping of the files. Legally exempt information (such as employment references obtained at the time of initial hire) or information that the Board deems to be privileged, is specifically exempted from such inspection. The administrator may remove such privileged information from the file prior to the inspection of the file by the teacher. Personnel file information shall not be stored on any computer with unsecured access. 1. A representative of the Association may, at the request of the teacher, accompany the teacher during the review of his/her personnel file. 2. No material may be placed in an employee’s personnel file without allowing the teacher an opportunity to file a response thereto and said response shall become part of said file. 3. In the event that a court order is presented for information from the personnel file, the teacher shall be promptly provided with a copy of the court order. 4. Information from the teacher personnel file may not be released to third parties who are not representatives or agents of the District without prior written permission of the teacher, unless such release is required by law. 5. Nothing contained herein shall be construed as a limitation on the District’s ability to access or review an employee’s personnel file in the ordinary course of business. K. It is recognized that the Board may be legally required to disclose personnel file documents under the Freedom of Information Act (FOIA), pursuant to Section 1230b of the Revised School Code and/or other statutory authority. 1. To the extent permitted by law, the Board shall require that any request for information from a teacher’s personnel file shall be placed in writing and be as specific as possible. An unaltered copy of the request shall be furnished to the Association and the affected teacher. 2. When the District’s FOIA Coordinator receives a FOIA request to disclose documents contained in a teacher's personnel file, the teacher shall be notified on the same day of the District’s receipt of the FOIA request. If the request is received after the close of the teacher’s work day, notice shall be given the morning of the next business day. In the event the teacher cannot be contacted as delineated, then the designated Association Representative(s) shall be notified, and notice to the Association is deemed to be notice to the teacher. The teacher and/or Association designee shall be responsible for obtaining a copy of the FOIA request from Central Office. 3. The Administration shall provide a checklist of documents to be released to the teacher and the Association. The Association shall advise the Board in writing of its objectionsdetermine what changes, if any, should be made in order to better equip beginning teachers to handle student discipline. On a voluntary basis, Educational Research and Dissemination programs on classroom management for the release beginning teachers shall be made available to teachers during the afternoon of the preplanning period. The voluntary nature of such documents and ER&D programs shall not prohibit the grounds therefore prior principal from providing compensatory time for such attendance, provided that up to the date of the required disclosure. The District recognizes its responsibility to protect the privacy rights of its employees, as well as its obligation to comply with the FOIA. If the District believes the request for disclosure of information is in conformance with the FOIA, then it four (4) ER&D instructors shall be granted compensatory time for time spent in instructing the Association’s responsibility to pursue the appropriate remedy regarding such disclosureER&D Program described above. 4. If the individual teacher wishes to write a response to any disciplinary or evaluative records, which are to be released, he/she shall do so prior to the date of the required disclosure. The individual teacher’s written response shall accompany the released documents. The individual teacher shall receive copies of all released information. 5. Only to the extent permitted by law is requested information to be released. L. The Board and Association recognize that cooperation and mutual respect among faculty members is an important aspect of a successful educational program. Where a dispute between faculty members is of a serious nature and has not been resolved after initial efforts to do so by the involved teachers and the Association, any teacher who is a party to such dispute may request the building administrator to convene a meeting for the purposes of identifying the nature of the dispute and for addressing potential solutions. Attendance at this meeting shall be mandatory for all teachers involved in the dispute, whether as a direct disputant or as a witness. Teachers required to attend the meeting shall be entitled, at their election, to be accompanied by an Association Representative. The administrator convening the meeting may also choose to involve another administrator or other District representative at this meeting. The convening of a meeting for the above purpose shall not preclude the administration from imposing disciplinary action upon a teacher or incorporating reference to the matter in the teacher's evaluation, subject to the provisions of this Agreement, where it is determined that a teacher has engaged in misconduct or other inappropriate behavior. Further, a meeting called under this section shall not supplant or replace other established procedures (e.g. sexual harassment) for the processing of complaints by one or more bargaining unit members against a colleague. M. The parties recognize the need for parental involvement as part of the educational process. It is also understood that teachers are responsible for the orderly delivery of education to all students in their classroom. To prevent undue disruption to the learning environment, a parent is expected to make arrangements with the teacher for the purpose of visiting his/her child’s classroom. If the parent is unable to make arrangements with the teacher, then the building principal will be responsible for making such arrangements and notifying the teacher. Whenever possible, the parent’s request to visit his/her child’s classroom will be arranged within twenty-four (24) hours of the request. Any other visitor must contact the building principal who will consult with the classroom teacher to determine the appropriateness and timing of the visit. The parties agree that it is educationally inappropriate to have visitor(s) in the classroom when testing is taking place.

TEACHER PROTECTION. ‌ A. The Board recognizes its responsibilities acknowledges the desirability of giving reasonable support and assistance to continue teachers with respect to give administrative backing and support to its teachers, although each teacher bears the primary responsibility for maintaining proper maintenance of control and discipline in the classroom. Individual school procedures and policies for handling student discipline shall be reviewed by each school’s School Advisory Council and revised or developed as needed so as to ensure that the referring teacher has the opportunity to input his/her classroomfeelings regarding the disposition of the referral. The Building Student Behavior Committee (BSBC) and District Student Behavior Committee (DSBC) Discipline procedures shall stress the importance of uniform application. When the offense is serious enough to warrant suspension of the student in accordance with the School Board policy and/or the School Discipline Plan, such referred student will not be utilized to assist in fulfilling these responsibilities. 1. A teacher may send returned to the principal and/or request teacher’s class the removal of same period (or 30 minutes in elementary school) from which the student was referred unless he/she is escorted by an administrator or a pupil written explanation from same stating his/her reasons for the student’s return accompanies the student. Except as otherwise provided herein, when a student(s) is referred to the administrator for disciplinary reasons, the teacher shall be informed of the conditions, if any, which have been imposed on the student before he/she reenters the class. Whenever the circumstances do not permit the administrator to address a particular student referral, the administrator may return the student to the referring teacher's class and recall the student at a later time. The referring teacher shall be notified of the necessity of such return and recall. If a serious situation exists, the teacher may return the student to the principal. Before the student is returned to class, serious consideration should be given to the effect such return would have on the learning environment for the other students in the class. If the consequence of a discipline referral is a conference with administration, the teacher shall be allowed to attend that conference if he or she requests. B. The teacher shall have the right and responsibility to impose classroom discipline where necessary and may use reasonable force to protect himself/herself from attack, or to prevent injury to a student where intervention is a prudent course of action. C. A teacher shall have the right to temporarily exclude a student from class when the grossness of the offense, the persistence of misbehavior, misbehavior or the disruptive effect of the violation behavior makes the continued presence of the student in the classroom intolerable. In each casesuch cases, the teacher will shall furnish the principal, principal or designated representative as promptly as teacher obligations will allow, with full particulars on the problem or incident in writing. The Board shall be responsible for notifying the teacher of the disposition of the case as promptly as administrative obligations will allow. D. School authorities will endeavor to achieve correction of student misbehavior through counseling, interviews, and conferences. E. The Board and the Union agree to review the classroom management training of the beginning teacher in order to determine what changes, if any, should be made in order to better equip beginning teachers to handle student discipline. On a voluntary basis, Educational Research and Dissemination programs on classroom management for the beginning teachers shall be made available to teachers during the afternoon of the preplanning period. The voluntary nature of such ER&D programs shall not prohibit the principal from providing compensatory time for such attendance, provided that up to four (4) ER&D instructors shall be granted compensatory time for time spent in instructing the ER&D Program described above. F. Any case of assault upon a teacher while in the performance of his/her teaching obligations will allowassigned duties shall be promptly reported to the appropriate representative of the Board. The Board shall render reasonable assistance to the teacher in connection with handling of the incident by law enforcement authorities. G. Time lost by a teacher in connection with any assault on a teacher or as a consequence of the negligence of the Board shall be handled as follows, provided the teacher was at all times acting within the scope of his/her employment and pursuant to Board policy and applicable law: 1. Time for required appearances before a judicial body or legal authority shall result in no loss of salary or reduction in accumulated leave. 2. In case of disability the teacher’s wages shall continue in full without reduction in accumulated leave until Worker’s Compensation payments begin. Thereafter the Board shall pay to the teacher the difference between the compensation payment and the contractual salary of the employee without reduction of accumulated leave until the teacher is able to return to employment or is eligible for retirement, but in no event later more than one hundred ninety-six (196) teacher employment days after the close occurrence of the school day, a signed statement containing event giving rise to the full particulars application of the incident. 2. Building principals will provide their teachers with copies of all policies involving student suspension and expulsion for reasons of unexcused absence and/or tardies. Copies of other Board policies regulating students are available from the building principalthis section. 3. When a student is suspended or expelled, the referring teacher and/or teachers having direct instructional responsibility for the student will be notified of such action within two (2) school days. In other cases of student discipline the referring teacher shall receive a copy of the written disciplinary action. 4. Individual classroom teachers have the authority to establish reasonable classroom rules, which are consistent with Board policies and Student Handbooks. Updated copies of classroom rules shall be provided to the building administrator for advance review. 5. In any case where a teacher and administrator fail to agree upon the appropriate student discipline, the matter is subject to review by the BSBC and, if necessary, the DSBC. B. It shall be the responsibility of the teacher to report to his/her principal the name of any student who, in the opinion of the teacher, needs assistance from skilled personnel. The teacher shall be advised by the principal of the disposition of the teacher's report that a particular student needs such assistance. C. Any assault and/or battery by or upon a teacher in connection with the teacher's employment shall be immediately reported to the administration. Whenever Where a teacher is absent from school finally adjudged guilty of a criminal charge or has judgment entered against him/her in a civil case as related to the incident, the Board has no further responsibility for pay or loss of accumulated leave. H. If any teacher is sued in a civil action as a result of personal injury to that any action taken by the teacher caused by an assault arising out of and in the course proper exercise of his/her employmentresponsibilities, he/she the Board will be paid his/her full salary (less the amount of any workers’ compensation paid for temporary disability due to said injury) provide for the period of such absence defense thereof. I. Teacher’s desks and lockers shall not to exceed ten (10) school months. The Board may, at its option, request a confirming statement from a medical doctor relative to the duration of such absence from the teaching assignment. As soon as such teacher is physically able to return to work, he/she be entered or searched except in an emergency or when it shall be restored necessary to his/her previous position or an equivalent position. When an instance of assault and/or battery by or upon locate a teacher is reported to law enforcement authorities, the teacher(s) and administration shall cooperate in the investigation and processing of that matter with law enforcement officials, provided, that this shall not enable or require any teacher or administrator to violate laws or regulations pertaining to confidentiality of pupil records or communications. Prior to meeting with law enforcement officials for the above purposes, teachers will be allowed adequate opportunity to consult with the administration and/or Association regarding confidentiality of pupil records or communications. D. In administering discipline, the District shall apply its rules, orders and penalties in an impartial and equitable manner. All investigations regarding alleged breaches of proper teacher conduct shall be conducted fairly and objectively, and with the teacher’s knowledge, unless plan book or other materials to assist the investigation would be compromised if the teacher knew of the investigationinstructional process. In all casesIf such entrance or search shall occur, the teacher shall be informed made aware of the investigation before its conclusion. Upon the conclusion of the District’s investigation, if it is determined that the teacher should be disciplined, the teacher will be advised promptly of the disciplinary such action and the reasons reason therefore upon his/her return to work. J. The Board shall continue to provide liability insurance coverage for all teachers no less comprehensive than that in effect on the effective date of this Agreement. K. A written statement by the Board governing use of corporal punishment of students shall be made available on the district website. The Board agrees to indemnify teachers against any civil damages and provide for the defense of any act authorized by such action. written statement of the Board. L. No teacher shall be reprimanded disciplined for refusing to check for head lice and/or disciplined without due process in accordance with the collective bargaining agreement. Should disciplinary action be likely to occur at a given meeting, the teacher shall be informed prior to the meeting of said possibility and shall be advised by the administrator of the teacher’s right to Association representation. E. Nonperform non-probationary teachers shall not be reprimanded and/or disciplined without just cause. While a teacher is emergency medical procedures on probation, he/she shall not be reprimanded and/or disciplined in an arbitrary and/or capricious manner, which shall include both the reason for and the administration of discipline. The nonrenewal of a probationary teacher for unsatisfactory performance shall not constitute discipline within the meaning of this section. The Board will follow a policy of progressive discipline, which includes the following levels of discipline: verbal warning, written warning, written reprimand, suspension with pay, suspension without pay, and discharge. The Association and the Board recognize that discipline may necessitate a more severe level according to the grossness of the action. F. A teacher shall, at his/her request, be entitled to the presence of an Association Representative when called to the office of an administrator for the intended purpose of being officially reprimanded or disciplined regarding any infraction of rules or delinquency in teaching responsibilities. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present. Provided, however, the principal, in any and all instances, may also request that the Association Representative be present on any disciplinary matter unless the teacher objects. If an Association Representative is requested to be present, no more than two (2) working days may lapse before such meeting is held, unless an extension is mutually agreed to by both partiesstudents. It is understood that a teacher may waive not the right to have an Association Representative present and that warnings and reprimands related to a teacher's performance or assigned duties may be discussed privately between the teacher and principal. G. Written reprimands which are placed in a teacher's personnel file shall first be signed and dated by the teacher. Should a teacher disagree with the contents intent of the reprimand being placed in his/her file, he/she may have his/her written objections attached to such reprimand. H. Many times, parental concerns can best be resolved informally through discussions between parents and teachers. Whenever possible and appropriate, the complainant will be referred back to the teacher except where legal issues are involved including, but not limited to, allegations of harassment, discrimination, corporal punishment or where the teacher is unavailable for an extended period of time. 1. Any written complaint received by an administrator about a teacher or his/her teaching ability shall be called to the teacher's attention and a copy of the complaint given to the teacher within twenty-four (24) hours or no later than the next school day, unless receiving the complaint would compromise an investigation. 2. When appropriate, any verbal complaint received by an administrator will be discussed with the teacher within two (2) school days if the content or nature of the complaint impacts the teacher, unless discussing the complaint would compromise an investigation. 3. The administrator shall validate all complaints prior to taking any disciplinary action. The teacher shall be given an opportunity to respond to the complaint (including, where appropriate, a meeting with the parent) before any disciplinary or other corrective action is taken. 4. In the event the nature of any complaint may cause the teacher's principal to question the teaching ability of the teacher, no conclusion Board that the teacher is deficient in the act of teaching shall be drawn, without first conducting an evaluation consistent with the procedure outlined in Article 9, Section H. I. Any complaint made against a teacher which is written and placed in the teacher's personnel file shall be first initialed and dated by the teacher. Any complaint which, after investigation, is proven to be unsubstantiated shall be removed promptly from the teacher’s personnel file. However, the administration shall retain a copy of the complaint and pertinent investigation materials in order to substantiate that an investigation was conducted. Substantiated complaints shall be retained in the teacher's personnel file without limitation, unless removed through operation of the grievance procedure contained in this Agreement or as provided for under the Xxxxxxx-Xxxxxxxx Employee Right to Know Act. J. Upon request, a teacher shall have the right to inspect his/her Central Office personnel file. The request shall be made with Central Office during working hours. The inspection must be made in the presence of the administrator or designee responsible for the safekeeping of the files. Legally exempt information (such as employment references obtained at the time of initial hire) or information that the Board deems to be privileged, is specifically exempted from such inspection. The administrator may remove such privileged information from the file prior to the inspection of the file by the teacher. Personnel file information shall not be stored on any computer with unsecured access. 1. A representative of the Association may, at the request of the teacher, accompany the teacher during the review of his/her personnel file. 2. No material may be placed in an employee’s personnel file without allowing the teacher an opportunity to file a response thereto and said response shall become part of said file. 3. In the event that a court order is presented for information from the personnel file, the teacher shall be promptly provided with a copy of the court order. 4. Information from the teacher personnel file may not be released to third parties who are not representatives or agents of the District without prior written permission of the teacher, unless such release is required by law. 5. Nothing contained herein shall scheduled routine medical procedures be construed as a limitation on the District’s ability to access or review an employee’s personnel file in the ordinary course of businessemergencies. K. It is recognized that the Board may be legally required to disclose personnel file documents under the Freedom of Information Act (FOIA), pursuant to Section 1230b of the Revised School Code and/or other statutory authority. 1. To the extent permitted by law, the Board shall require that any request for information from a teacher’s personnel file shall be placed in writing and be as specific as possible. An unaltered copy of the request shall be furnished to the Association and the affected teacher. 2. When the District’s FOIA Coordinator receives a FOIA request to disclose documents contained in a teacher's personnel file, the teacher shall be notified on the same day of the District’s receipt of the FOIA request. If the request is received after the close of the teacher’s work day, notice shall be given the morning of the next business day. In the event the teacher cannot be contacted as delineated, then the designated Association Representative(s) shall be notified, and notice to the Association is deemed to be notice to the teacher. The teacher and/or Association designee shall be responsible for obtaining a copy of the FOIA request from Central Office. 3. The Administration shall provide a checklist of documents to be released to the teacher and the Association. The Association shall advise the Board in writing of its objections, if any, to the release of such documents and the grounds therefore prior to the date of the required disclosure. The District recognizes its responsibility to protect the privacy rights of its employees, as well as its obligation to comply with the FOIA. If the District believes the request for disclosure of information is in conformance with the FOIA, then it shall be the Association’s responsibility to pursue the appropriate remedy regarding such disclosure. 4. If the individual teacher wishes to write a response to any disciplinary or evaluative records, which are to be released, he/she shall do so prior to the date of the required disclosure. The individual teacher’s written response shall accompany the released documents. The individual teacher shall receive copies of all released information. 5. Only to the extent permitted by law is requested information to be released. L. The Board and Association recognize that cooperation and mutual respect among faculty members is an important aspect of a successful educational program. Where a dispute between faculty members is of a serious nature and has not been resolved after initial efforts to do so by the involved teachers and the Association, any teacher who is a party to such dispute may request the building administrator to convene a meeting for the purposes of identifying the nature of the dispute and for addressing potential solutions. Attendance at this meeting shall be mandatory for all teachers involved in the dispute, whether as a direct disputant or as a witness. Teachers required to attend the meeting shall be entitled, at their election, to be accompanied by an Association Representative. The administrator convening the meeting may also choose to involve another administrator or other District representative at this meeting. The convening of a meeting for the above purpose shall not preclude the administration from imposing disciplinary action upon a teacher or incorporating reference to the matter in the teacher's evaluation, subject to the provisions of this Agreement, where it is determined that a teacher has engaged in misconduct or other inappropriate behavior. Further, a meeting called under this section shall not supplant or replace other established procedures (e.g. sexual harassment) for the processing of complaints by one or more bargaining unit members against a colleague. M. The parties recognize the need for parental involvement as part of the educational process. It is also understood that teachers are responsible for the orderly delivery of education to all students in their classroom. To prevent undue disruption to the learning environment, a parent is expected to make arrangements with the teacher for the purpose of visiting his/her child’s classroom. If the parent is unable to make arrangements with the teacher, then the building principal will be responsible for making such arrangements and notifying the teacher. Whenever possible, the parent’s request to visit his/her child’s classroom will be arranged within twenty-four (24) hours of the request. Any other visitor must contact the building principal who will consult with the classroom teacher to determine the appropriateness and timing of the visit. The parties agree that it is educationally inappropriate to have visitor(s) in the classroom when testing is taking place.

TEACHER PROTECTION. A. The Board recognizes its responsibilities to continue to give administrative backing and support to its teachers, although each teacher bears the primary responsibility for maintaining proper control and discipline in his/her classroom. The Building Student Behavior Committee (BSBC) and District Student Behavior Committee (DSBC) will be utilized used to assist in fulfilling these responsibilities. 1. A teacher may send to the principal and/or request the removal of a pupil student from his/her class or classroom when the grossness of the offense, the persistence of misbehavior, or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. In each case, the teacher will furnish the principal, as promptly as his/her teaching obligations will allow, but in no event later than the close of the school day, a signed statement containing the full particulars of the incident. 2. Building principals will provide their teachers with electronic copies of all policies involving student suspension and expulsion for reasons of unexcused absence and/or tardies. Copies of other Board Copies of other Board policies regulating students are available from the building principal. 3. When a student is suspended or expelled, the referring teacher and/or teachers having direct instructional responsibility for the student will be notified of such action within two (2) school days. In other cases of student discipline the referring teacher shall receive a copy notification either electronically or in writing of the written disciplinary action. 4. Individual classroom teachers have the authority to establish reasonable classroom rules, which are consistent with Board policies and Student Handbooks. Updated copies of classroom rules shall be provided to the building administrator for advance review. 5. In any case where Where a teacher and administrator fail to agree upon on the appropriate student discipline, the matter is subject to review by the BSBC and, if necessary, the DSBC. B. It shall be the responsibility of the teacher to report to his/her principal the name of any student who, in the opinion of the teacher, needs assistance from skilled personnel. The teacher shall be advised by the principal of the disposition of the teacher's report that a particular student needs such assistance. C. Any assault and/or battery by or upon a teacher in connection with the teacher's employment shall be immediately reported to the administration. Whenever a teacher is absent from school as a result of personal injury to that teacher caused by an assault arising out of and in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any workers’ compensation paid for temporary disability due to said injury) for the period of such absence not to exceed ten (10) school months. The Board may, at its option, request a confirming statement from a medical doctor relative to the duration of such absence from the teaching assignment. As soon as such teacher is physically able to return to work, he/she shall be restored to his/her previous position or an equivalent position. . D. When an instance of assault and/or battery by or upon a teacher is reported to law enforcement authorities, the teacher(s) and administration shall cooperate in the investigation and processing of that matter with law enforcement officials, provided, that however that this shall not enable or require any teacher or administrator to violate laws or regulations pertaining to confidentiality of pupil student records or communications. Prior to . E. Before meeting with law enforcement officials for the above purposes, teachers will be allowed adequate opportunity to consult with the administration and/or Association regarding confidentiality of pupil records or communications. D. In administering discipline, the District shall apply its rules, orders and penalties in an impartial and equitable manner. All investigations regarding alleged breaches of proper teacher conduct shall be conducted fairly and objectively, and with the teacher’s knowledge, unless the investigation would be compromised if the teacher knew of the investigation. In all cases, the teacher shall be informed of the investigation before its conclusion. Upon the conclusion of the District’s investigation, if it is determined that the teacher should be disciplined, the teacher will be advised promptly of the disciplinary action and the reasons for such action. No teacher shall be reprimanded and/or disciplined without due process in accordance with the collective bargaining agreement. Should disciplinary action be likely to occur at a given meeting, the teacher shall be informed prior to the meeting of said possibility and shall be advised by the administrator of the teacher’s right to Association representation. E. Non-probationary teachers shall not be reprimanded and/or disciplined without just cause. While a teacher is on probation, he/she shall not be reprimanded and/or disciplined in an arbitrary and/or capricious manner, which shall include both the reason for and the administration of discipline. The nonrenewal of a probationary teacher for unsatisfactory performance shall not constitute discipline within the meaning of this section. The Board will follow a policy of progressive discipline, which includes the following levels of discipline: verbal warning, written warning, written reprimand, suspension with pay, suspension without pay, and discharge. The Association and the Board recognize that discipline may necessitate a more severe level according to the grossness of the action. F. A teacher shall, at his/her request, be entitled to the presence of an Association Representative when called to the office of an administrator for the intended purpose of being officially reprimanded or disciplined regarding any infraction of rules or delinquency in teaching responsibilities. When a request for such representation is made, no action shall be taken with respect to the teacher until such representative of the Association is present. Provided, however, the principal, in any and all instances, may also request that the Association Representative be present on any disciplinary matter unless the teacher objects. If an Association Representative is requested to be present, no more than two (2) working days may lapse before such meeting is held, unless an extension is mutually agreed to by both parties. It is understood that a teacher may waive the right to have an Association Representative present and that warnings and reprimands related to a teacher's performance or assigned duties may be discussed privately between the teacher and principal. G. Written reprimands which are placed in a teacher's personnel file shall first be signed and dated by the teacher. Should a teacher disagree with the contents of the reprimand being placed in his/her file, he/she may have his/her written objections attached to such reprimand. H. Many times, parental concerns can best be resolved informally through discussions between parents and teachers. Whenever possible and appropriate, the complainant will be referred back to the teacher except where legal issues are involved including, but not limited to, allegations of harassment, discrimination, corporal punishment or where the teacher is unavailable for an extended period of time. 1. Any written complaint received by an administrator about a teacher or his/her teaching ability shall be called to the teacher's attention and a copy of the complaint given to the teacher within twenty-four (24) hours or no later than the next school day, unless receiving the complaint would compromise an investigation. 2. When appropriate, any verbal complaint received by an administrator will be discussed with the teacher within two (2) school days if the content or nature of the complaint impacts the teacher, unless discussing the complaint would compromise an investigation. 3. The administrator shall validate all complaints prior to taking any disciplinary actioncomplaints. The teacher shall be given an opportunity to respond to the complaint (including, where appropriate, a meeting with the parent) before any disciplinary or other corrective action is taken). 4. In the event the nature of any complaint may cause the teacher's principal to question the teaching ability of the teacher, no conclusion that the teacher is deficient in the act of teaching shall be drawn, without first conducting an evaluation consistent with the procedure outlined in Article 9, Section H. I. Any complaint made against a teacher which is written and placed in the teacher's personnel file shall be first initialed and dated by the teacher. Any complaint which, after investigation, is proven to be unsubstantiated shall be removed promptly from the teacher’s personnel file. However, the administration shall retain a copy of the complaint and pertinent investigation materials in order to substantiate that an investigation was conducted. Substantiated complaints shall be retained in the teacher's personnel file without limitation, unless removed through operation of the grievance procedure contained in this Agreement or as provided for under the Xxxxxxx-Xxxxxxxx Employee Right to Know Act. J. Upon request, a teacher shall have the right to inspect his/her Central Office personnel file. The request shall be made with Central Office during working hours. The inspection must be made in the presence of the administrator or designee responsible for the safekeeping of the files. Legally exempt information (such as employment references obtained at the time of initial hire) or information that the Board deems to be privileged, is specifically exempted from such inspection. The administrator may remove such privileged information from the file prior to the inspection of the file by the teacher. Personnel file information shall not be stored on any computer with unsecured access. 1. A representative of the Association may, at the request of the teacher, accompany the teacher during the review of his/her personnel file. 2. No material may be placed in an employee’s personnel file without allowing the teacher an opportunity to file a response thereto and said response shall become part of said file. 3. In the event that a court order is presented for information from the personnel file, the teacher shall be promptly provided with a copy of the court order. 4. Information from the teacher personnel file may not be released to third parties who are not representatives or agents of the District without prior written permission of the teacher, unless such release is required by law. 5. Nothing contained herein shall be construed as a limitation on the District’s ability to access or review an employee’s personnel file in the ordinary course of business. K. It is recognized that the Board may be legally required to disclose personnel file documents under the Freedom of Information Act (FOIA), pursuant to Section 1230b of the Revised School Code and/or other statutory authority. 1. To the extent permitted by law, the Board shall require that any request for information from a teacher’s personnel file shall be placed in writing and be as specific as possible. An unaltered copy of the request shall be furnished to the Association and the affected teacher. 2. When the District’s FOIA Coordinator receives a FOIA request to disclose documents contained in a teacher's personnel file, the teacher shall be notified on the same day of the District’s receipt of the FOIA request. If the request is received after the close of the teacher’s work day, notice shall be given the morning of the next business day. In the event the teacher cannot be contacted as delineated, then the designated Association Representative(s) shall be notified, and notice to the Association is deemed to be notice to the teacher. The teacher and/or Association designee shall be responsible for obtaining a copy of the FOIA request from Central Office. 3. The Administration shall provide a checklist of documents to be released to the teacher and the Association. The Association shall advise the Board in writing of its objections, if any, to the release of such documents and the grounds therefore prior to the date of the required disclosure. The District recognizes its responsibility to protect the privacy rights of its employees, as well as its obligation to comply with the FOIA. If the District believes the request for disclosure of information is in conformance with the FOIA, then it shall be the Association’s responsibility to pursue the appropriate remedy regarding such disclosure. 4. If the individual teacher wishes to write a response to any disciplinary or evaluative records, which are to be released, he/she shall do so prior to the date of the required disclosure. The individual teacher’s written response shall accompany the released documents. The individual teacher shall receive copies of all released information. 5. Only to the extent permitted by law is requested information to be released. L. The Board and Association recognize that cooperation and mutual respect among faculty members is an important aspect of a successful educational program. Where a dispute between faculty members is of a serious nature and has not been resolved after initial efforts to do so by the involved teachers and the Association, any teacher who is a party to such dispute may request the building administrator to convene a meeting for the purposes of identifying the nature of the dispute and for addressing potential solutions. Attendance at this meeting shall be mandatory for all teachers involved in the dispute, whether as a direct disputant or as a witness. Teachers required to attend the meeting shall be entitled, at their election, to be accompanied by an Association Representative. The administrator convening the meeting may also choose to involve another administrator or other District representative at this meeting. The convening of a meeting for the above purpose shall not preclude the administration from imposing disciplinary action upon a teacher or incorporating reference to the matter in the teacher's evaluation, subject to the provisions of this Agreement, where it is determined that a teacher has engaged in misconduct or other inappropriate behavior. Further, a meeting called under this section shall not supplant or replace other established procedures (e.g. sexual harassment) for the processing of complaints by one or more bargaining unit members against a colleague. M. The parties recognize the need for parental involvement as part of the educational process. It is also understood that teachers are responsible for the orderly delivery of education to all students in their classroom. To prevent undue disruption to the learning environment, a parent is expected to make arrangements with the teacher for the purpose of visiting his/her child’s classroom. If the parent is unable to make arrangements with the teacher, then the building principal will be responsible for making such arrangements and notifying the teacher. Whenever possible, the parent’s request to visit his/her child’s classroom will be arranged within twenty-four (24) hours of the request. Any other visitor must contact the building principal who will consult with the classroom teacher to determine the appropriateness and timing of the visit. The parties agree that it is educationally inappropriate to have visitor(s) in the classroom when testing is taking place.