2021-23 CAEA Collective Bargaining Agreement – Article X

STUDENT DISCIPLINE AND TEACHER PROTECTION

A. Educators’ authority and effectiveness in the classroom are strengthened by administrative backing and support. The Board recognizes its responsibility to give all reasonable support and assistance to educators with respect to the maintenance of control and discipline in the classroom. Whenever it appears that a particular pupil requires the attention of special counselors, social workers, law enforcement personnel, physicians, or other professional persons, the principal will take reasonable steps to assist the educator with respect to such a pupil. However, the principal will take immediate steps to refer the student to the appropriate agency upon written notification by the educator.

B. An educator may use such reasonable physical force as is necessary to protect him/herself from attack, or to prevent injury to others, or as allowed by law.

An educator has the right to request a debriefing meeting and/or restorative meeting following a student referral.

C. Snap suspension: An educator may exclude a pupil from the classroom when the grossness of the offense, the persistence of the misbehavior, or the disruptive effect of the violation makes the continued presence of the student in the classroom intolerable. That pupil may be excluded from that class or activity for that day. In such cases the educator will furnish the principal, as promptly as their teaching obligation will allow, full particulars of the incident and follow all procedures as required by law.

D. With exception of snap suspensions, suspension of students from school may be imposed only by a principal, or his/her designated representative. School authorities will endeavor to achieve correction of student behavior through counseling and interviews with the child and his/her parents, when warranted. Transfer of the student to another educator or other measures may be tried prior to suspension. When a educator has one or more pupils in class who constitute serious behavioral problems, appropriate action shall be taken by the building principal.

E. When the administration has knowledge of a student with a recent pattern of threatening, violent and/or dangerous behavior, the administrator shall notify all affected staff members.

F. Any case of assault upon an educator shall be promptly reported to the building principal. Before the incident is put in writing, the educator shall have the right to consult with the Association President. The Board will provide legal counsel to advise the educator of his/her rights and obligations with respect to such assault and shall render all reasonable assistance to the educator in connection with the handling of the incident by law enforcement and judicial authorities. This does not include providing legal counsel for litigation.

G. Time lost by an educator in connection with any incident mentioned in this Article shall not be charged against the educator, provided the educator is not found to be liable or negligent by a court of competent jurisdiction.

H. The Board will fairly reimburse an educator assaulted while on duty for the school district for any losses, damage, or destruction of clothing or personal property of the educator.

The Board will reimburse an educator, who while on duty, suffers loss, damage or destruction of personal effects in their immediate possession, excluding instructional materials, due to acts against them resulting from discharge of their duties and provided such loss shall not be the result of the educator’s negligence or misconduct, and provided it shall be promptly reported in writing and substantiated to the administrator in charge. Personal effects as used in this paragraph means effects normally carried on one’s person, such as a watch, ring, glasses, etc.

I. TheThe Board shall not recognize any complaint against any educator by a parent or guardian unless the following procedures are followed:

1. The complaining party shall first attempt to resolve the problem with the educator involved, or as an alternative, will confer with the building principal. At the request of either or both the complainants and educator involved, the principal shall attempt to arrange a conference between all parties concerned in order to resolve the problem. If, however, either s/he or the complainant or the educator objects to a conference of all parties, the principal shall discuss the matter with the parties involved separately. In any event, the educator shall be notified of the problem as soon as possible.

2. Should the problem be placed on the agenda of the Board of Education, the educator involved shall be furnished a written statement containing the details of the complaint. This written statement shall be provided by the building principal(s) at least five (5) days in advance of the meeting with the Board to which meeting the parties are invited to attend. The Association shall be notified of this meeting and shall have the right to be represented.

3. No action under this Section shall be taken upon any complaint directed toward an educator nor shall any notice thereof be included in said educator’s personnel file, unless the matter is promptly reported in writing to the educator concerned. If any question of professional ethics is involved, the Association shall be notified.

J. Educators shall be expected to exercise reasonable care with respect to the safety of pupils and property, but shall not be individually liable, except in the case of negligence, for any damage or loss to person or property.

K. The Board shall provide appropriate in-service for all educators in the importance and procedures of universal precautions for use with all students (Communicable Diseases/Medically Fragile Students).