Common use of TEACHER RIGHTS AND PROTECTION Clause in Contracts

TEACHER RIGHTS AND PROTECTION. 7.1 Pursuant to Act 379 of the Public Acts of 1965, the Board hereby agrees that every teacher regularly employed by the Board shall have the right freely to join and support the Association or freely not to join the Association for the purpose of engaging in lawful concerted activities for the purpose of collective bargaining or negotiations. The Board undertakes and, agrees that it will not directly or indirectly discourage, or deprive or coerce any teacher in the enjoyment of any rights conferred by Xxx 000, or other laws of Michigan or the Constitutions of Michigan and the United States. 7.2 No teacher shall be disciplined, reprimanded, or reduced in compensation for a reason that is arbitrary or capricious. Discipline shall be defined as oral warning, written reprimand, suspension, reduction in compensation, or discharge. 7.3 The Board agrees that it will not discriminate against teachers covered by this Agreement because of their race, creed, religion, color, national origin, age, sex, marital status, physical characteristics or handicap. 7.4 No teacher shall be prevented from wearing insignia, pins, or other identification of membership in the Association at any time by the Board. 7.5 Before any meeting is called for the purpose of disciplinary action, the teacher shall be notified and shall be entitled to have present an Association representative. 7.6 A teacher shall have the right to review the personnel file. If the administration is to place complaints, disciplinary reports or letters of reprimand in the teacher's personnel file, the teacher will be given a copy of said complaint, reprimand or recordation of discipline at the time that a copy is placed in the teacher's personnel file. The administration shall have the right to require the teacher to sign a copy of the material at the time of entry. It is expressly understood that the signature thereon denotes only that the teacher has seen a copy of the material and does not necessarily mean that the teacher agrees to the content of the material. A teacher may respond in writing as to any disagreements he/she may have concerning any documents placed in the teacher’s personnel file. The response shall be attached to the referenced document. 7.7 Any case of an assault upon a teacher while performing school-related duties shall be promptly reported to the Board or to its designated representative. The Board shall provide counsel and shall render all reasonable assistance to the teacher in connection with handling of the incident. The Board will consult with an assaulted teacher before determining the appropriate disciplinary action (including classroom return) for the student who committed the assault. Time lost by a teacher in connection with any incident mentioned in this 7.7 section shall not be charged against a teacher. 7.8 If any teacher is complained against or sued by reason of disciplinary action that is of a reasonable nature taken by the teacher against a student, the Board may provide legal counsel and render all necessary assistance to the teacher in his defense. 7.9 Teachers shall exercise care with respect to the safety of pupils and property but shall not be individually liable, except in cases of neglect of duty, for any damage or loss to person or property.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

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TEACHER RIGHTS AND PROTECTION. 7.1 A. Pursuant to Act 379 of the Public Acts of 1965, the Board hereby agrees that every teacher regularly employed by teaching employee of the Board shall have the right freely to organize, join and support the Association or freely not to join the Association for the purpose of engaging in lawful concerted activities for the purpose of collective bargaining or professional negotiations. The Board undertakes and, agrees that it will not directly or indirectly discourage, or deprive or coerce any teacher in the enjoyment of any rights conferred by Xxx 000, or other laws of Michigan or the Constitutions of Michigan and the United States. 7.2 No teacher shall be disciplined, reprimanded, or reduced in compensation for a reason that is arbitrary or capricious. Discipline shall be defined as oral warning, written reprimand, suspension, reduction in compensation, or discharge. 7.3 The Board agrees that it will not discriminate against teachers covered any teacher with respect to hours, wages or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any of the activities of the Association of collective professional negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement because or otherwise with respect to any terms or conditions of their raceemployment. The Association shall not discriminate against any teacher who refuses to pay dues to, creedor participate in activities of the Association B. Nothing contained herein shall be construed to deny or restrict to any teachers rights he/she may have under the Michigan Revised School Code, religion, color, national origin, age, sex, marital status, physical characteristics or handicapother applicable State or Federal laws or regulations. The rights granted to teachers hereunder shall be deemed to be in addition to those provided elsewhere. 7.4 C. No tenured teacher shall be prevented from wearing insigniadisciplined without just cause. The term "discipline" as used in this Agreement includes warnings, pinsreprimands, suspensions with or without pay, reductions in compensation, discharges, or other identification actions of membership a disciplinary nature. Any such discipline shall be subject to the grievance procedure hereinafter set forth. The specific grounds for disciplinary action will be presented in writing to the teacher and the Association no later than at any the time by discipline is imposed. This clause shall not apply to the Boardtermination of non-tenured teachers. 7.5 Before any meeting is called for the purpose of disciplinary action, the D. A teacher shall be notified and shall be entitled to have present an a representative of the Association representative. 7.6 A during any meeting which will or may lead to disciplinary action by the Board or its agents. 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. Should disciplinary action be likely to occur at a given meeting, the teacher shall have be advised immediately of said possibility. No material, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in a teacher's personnel file unless the right teacher has had an opportunity to review the personnel material. Complaints against the teacher shall be put in writing with names of the complainants (except where the identity of the complainant is protected from disclosure by law) administrative action taken, and remedy clearly stated. The teacher may submit a written notation or reply regarding any material, including complaints, within thirty (30) days and the same shall be attached to the file copy of the material in question. When material is to be placed in a teacher's file, the affected teacher shall review and sign said material, such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material. If it is proven that the administration material placed in the file is not related to place complaints, disciplinary reports or letters of reprimand in the teacher's personnel assigned duties or is in error, or not substantiated, the material will be corrected or expunged from the file, whichever is appropriate. All recommendations, written or oral, shall be based solely on the teacher will be given a copy contents of said complaint, reprimand or recordation of discipline at the time that a copy is placed in the teacher's personnel file. The administration All recommendations, written or oral, shall have be based solely on the right to require the teacher to sign a copy contents of the material at teacher's personnel file. In the time event that the District receives a Freedom of entryInformation Act (FOIA) request for information in a bargaining unit member's personnel file, the District shall promptly notify the affected bargaining unit member and the Association. E. If any provision of this Agreement or any application of this Agreement to any teacher or group of teachers shall be found contrary to law, then such provision or application shall not be deemed valid and subsistent, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. It is expressly understood further agreed that within thirty (30) days of notification of a final and binding determination of such illegality, the signature thereon denotes only that Employer and Association/Union will commence negotiations to reach a new agreement concerning the teacher has seen a copy subject matter of the material and does not necessarily mean that the teacher agrees provision determined to be illegal, to the content of extent that such subject matter may be negotiated under the material. A teacher may respond in writing as to any disagreements he/she may have concerning any documents placed in the teacher’s personnel file. The response shall be attached to the referenced documentlaw. 7.7 Any case of an assault upon a teacher while performing school-related duties shall be promptly reported to the Board or to its designated representative. The Board shall provide counsel and shall render all reasonable assistance to the teacher in connection with handling of the incident. The Board will consult with an assaulted teacher before determining the appropriate disciplinary action (including classroom return) for the student who committed the assault. Time lost by a teacher in connection with any incident mentioned in this 7.7 section shall not be charged against a teacher. 7.8 If any teacher is complained against or sued by reason of disciplinary action that is of a reasonable nature taken by the teacher against a student, the Board may provide legal counsel and render all necessary assistance to the teacher in his defense. 7.9 Teachers shall exercise care with respect to the safety of pupils and property but shall not be individually liable, except in cases of neglect of duty, for any damage or loss to person or property.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

TEACHER RIGHTS AND PROTECTION. 7.1 A. Pursuant to Act 379 of the Public Acts of 1965, the Board hereby agrees that every teacher regularly employed by teaching employee of the Board shall have the right freely to organize, join and support the Association or freely not to join the Association for the purpose of engaging in lawful concerted activities for the purpose of collective bargaining or professional negotiations. The Board undertakes and, agrees that it will not directly or indirectly discourage, or deprive or coerce any teacher in the enjoyment of any rights conferred by Xxx 000, or other laws of Michigan or the Constitutions of Michigan and the United States. 7.2 No teacher shall be disciplined, reprimanded, or reduced in compensation for a reason that is arbitrary or capricious. Discipline shall be defined as oral warning, written reprimand, suspension, reduction in compensation, or discharge. 7.3 The Board agrees that it will not discriminate against teachers covered any teacher with respect to hours, wages or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any of the activities of the Association of collective professional negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement because or otherwise with respect to any terms or conditions of their raceemployment. The Association shall not discriminate against any teacher who refuses to pay dues to, creed, religion, color, national origin, age, sex, marital status, physical characteristics or handicapparticipate in activities of the Association. 7.4 No teacher B. Nothing contained herein shall be prevented from wearing insignia, pinsconstrued to deny or restrict to any teachers rights he/she may have under the Michigan Revised School Code, or other identification applicable State or Federal laws or regulations. The rights granted to teachers hereunder shall be deemed to be in addition to those provided elsewhere. C. This clause shall not apply to the termination of membership in non-tenured teachers. Professional employees within the Association at any time bargaining unit whose employment is not regulated by the Boardteacher tenure act shall be disciplined with just cause. Any such discipline shall be subject to the grievance procedure hereinafter set forth, including arbitration. 7.5 Before any meeting is called for the purpose of disciplinary action, the D. A teacher shall be notified and shall be entitled to have present an a representative of the Association representative. 7.6 A during any meeting which will or may lead to disciplinary action by the Board or its agents. 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. Should disciplinary action be likely to occur at a given meeting, the teacher shall have be advised immediately of said possibility. No material, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in a teacher's personnel file unless the right teacher has had an opportunity to review the personnel filematerial. If there is disagreement with the administration is to place complaints, disciplinary reports or letters of reprimand information contained in the teacher's ’s personnel file, the teacher will may submit a written reply regarding any material, including complaints, within thirty (30) days and the same shall be given a copy of said complaint, reprimand or recordation of discipline at attached to the time that a copy is placed in the teacher's personnel file. The administration shall have the right to require the teacher to sign a file copy of the material at in question. When material is to be placed in a teacher's file, the time of entry. It is expressly affected teacher shall review and sign said material, such signature shall be understood that the signature thereon denotes only that the teacher has seen a copy to indicate awareness of the material and does not necessarily but in no instance shall said signature be interpreted to mean that the teacher agrees to agreement with the content of the material. A teacher shall be given the opportunity during normal office hours, upon written request, to review information contained in their personnel file not more than two (2) times per calendar year. Except in instances that conflict with the Revised School Code, information in the teacher’s personnel file can be corrected if mutually agreed to by the teacher and the employer. Except when the release is ordered in a legal action or arbitration to a party in that legal action or arbitration, disciplinary reports, letters of reprimand, or other records of disciplinary action older than four (4) years old may respond not be released to a third party. This article may not be construed or enforced in writing as to any disagreements he/she may have concerning any documents placed way that will be in conflict with the Revised School code. All recommendations, written or oral, shall be based solely on the contents of the teacher’s personnel file. The response Confidential letters of reference secured from outside the school system shall not be attached added to or included in a teacher’s personnel file. In the referenced documentevent that the District receives a Freedom of Information Act (FOIA) request for information in a bargaining unit member's personnel file, the District shall promptly notify the affected bargaining unit member and the Association. 7.7 Any case E. Each teacher shall have the right, upon request, to review the contents of an assault upon a teacher while performing school-related duties shall be promptly reported to his/her personnel file, except for the Board or to its designated representativeconfidential recommendations. The Board shall provide counsel and shall render all reasonable assistance to A representative of the Association may, at the teacher's request, accompany the teacher in connection with handling of the incident. The Board will consult with an assaulted teacher before determining the appropriate disciplinary action (including classroom return) for the student who committed the assault. Time lost by a teacher in connection with any incident mentioned in this 7.7 section shall not be charged against a teacherreview. 7.8 If any teacher is complained against or sued by reason of disciplinary action that is of a reasonable nature taken by the teacher against a student, the Board may provide legal counsel and render all necessary assistance to the teacher in his defense. 7.9 Teachers shall exercise care with respect to the safety of pupils and property but shall not be individually liable, except in cases of neglect of duty, for any damage or loss to person or property.

Appears in 1 contract

Samples: Master Agreement

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TEACHER RIGHTS AND PROTECTION. 7.1 Pursuant X. Xxxxxxxx to Act 379 of the Public Acts of 1965, the Board hereby agrees that every teacher regularly employed by teaching employee of the Board shall have the right freely to organize, join and support the Association or freely not to join the Association for the purpose of engaging in lawful concerted activities for the purpose of collective bargaining or professional negotiations. The Board undertakes and, agrees that it will not directly or indirectly discourage, or deprive or coerce any teacher in the enjoyment of any rights conferred by Xxx 000, or other laws of Michigan or the Constitutions of Michigan and the United States. 7.2 No teacher shall be disciplined, reprimanded, or reduced in compensation for a reason that is arbitrary or capricious. Discipline shall be defined as oral warning, written reprimand, suspension, reduction in compensation, or discharge. 7.3 The Board agrees that it will not discriminate against teachers covered any teacher with respect to hours, wages or any terms or conditions of employment by reason of his/her membership in the Association, his/her participation in any of the activities of the Association of collective professional negotiations with the Board, or his/her institution of any grievance, complaint or proceeding under this Agreement because or otherwise with respect to any terms or conditions of their raceemployment. The Association shall not discriminate against any teacher who refuses to pay dues to, creedor participate in activities of the Association B. Nothing contained herein shall be construed to deny or restrict to any teachers rights he/she may have under the Michigan Revised School Code, religion, color, national origin, age, sex, marital status, physical characteristics or handicapother applicable State or Federal laws or regulations. The rights granted to teachers hereunder shall be deemed to be in addition to those provided elsewhere. 7.4 C. No tenured teacher shall be prevented from wearing insigniadisciplined without just cause. The term "discipline" as used in this Agreement includes warnings, pinsreprimands, suspensions with or without pay, reductions in compensation, discharges, or other identification actions of membership a disciplinary nature. Any such discipline shall be subject to the grievance procedure hereinafter set forth. The specific grounds for disciplinary action will be presented in writing to the teacher and the Association no later than at any the time by discipline is imposed. This clause shall not apply to the Boardtermination of non-tenured teachers. 7.5 Before any meeting is called for the purpose of disciplinary action, the D. A teacher shall be notified and shall be entitled to have present an a representative of the Association representative. 7.6 A during any meeting which will or may lead to disciplinary action by the Board or its agents. 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. Should disciplinary action be likely to occur at a given meeting, the teacher shall have be advised immediately of said possibility. No material, including but not limited to, student, parental or school personnel complaints originating after initial employment will be placed in a teacher's personnel file unless the right teacher has had an opportunity to review the personnel material. Complaints against the teacher shall be put in writing with names of the complainants (except where the identity of the complainant is protected from disclosure by law), administrative action taken, and remedy clearly stated. The teacher may submit a written notation or reply regarding any material, including complaints, within thirty (30) days and the same shall be attached to the file copy of the material in question. When material is to be placed in a teacher's file, the affected teacher shall review and sign said material. Such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material. If it is proven that the administration material placed in the file is not related to place complaints, disciplinary reports or letters of reprimand in the teacher's personnel assigned duties or is in error, or not substantiated, the material will be corrected or expunged from the file, whichever is appropriate. All recommendations, written or oral, shall be based solely on the teacher will be given a copy contents of said complaint, reprimand or recordation of discipline at the time that a copy is placed in the teacher's personnel file. The administration All recommendations, written or oral, shall have be based solely on the right to require the teacher to sign a copy contents of the material at teacher's personnel file. In the time event that the District receives a Freedom of entryInformation Act (FOIA) request for information in a bargaining unit member's personnel file, the District shall promptly notify the affected bargaining unit member and the Association. E. If any provision of this Agreement or any application of this Agreement to any teacher or group of teachers shall be found contrary to law, then such provision or application shall not be deemed valid and subsistent, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. It is expressly understood further agreed that within thirty (30) days of notification of a final and binding determination of such illegality, the signature thereon denotes only that Employer and Association/Union will commence negotiations to reach a new agreement concerning the teacher has seen a copy subject matter of the material and does not necessarily mean that the teacher agrees provision determined to be illegal, to the content of extent that such subject matter may be negotiated under the material. A teacher may respond in writing as to any disagreements he/she may have concerning any documents placed in the teacher’s personnel file. The response shall be attached to the referenced documentlaw. 7.7 Any case of an assault upon a teacher while performing school-related duties shall be promptly reported to the Board or to its designated representative. The Board shall provide counsel and shall render all reasonable assistance to the teacher in connection with handling of the incident. The Board will consult with an assaulted teacher before determining the appropriate disciplinary action (including classroom return) for the student who committed the assault. Time lost by a teacher in connection with any incident mentioned in this 7.7 section shall not be charged against a teacher. 7.8 If any teacher is complained against or sued by reason of disciplinary action that is of a reasonable nature taken by the teacher against a student, the Board may provide legal counsel and render all necessary assistance to the teacher in his defense. 7.9 Teachers shall exercise care with respect to the safety of pupils and property but shall not be individually liable, except in cases of neglect of duty, for any damage or loss to person or property.

Appears in 1 contract

Samples: Master Agreement

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