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DP347 NEG – Protection of Employees

Effective: 9/28/1981
Revision: 6/26/1990
Reviewed: 12/27/2012

  1. Board Directive
    The Board recognizes the need for a policy governing the protection of employees. Responsibility is delegated to the District Administration for implementing the policy according to established provisions.
  2. Administrative Policy
    The Protection of Employees policy will be implemented according to the following provisions:

    1. Employees shall report immediately in writing to their principal or immediate supervisor and to the Superintendent all cases of assault suffered in connection with their employment.
    2. If criminal or civil proceedings are brought against an employee alleging that he/she committed an assault in connection with his/her employment, such employee, after making reports, may request the Board to furnish legal counsel to defend him/her in such proceedings, insofar as the interests of the employee and the District are not conflicting. If the employee is found guilty or liable in such proceedings, such finding may constitute a cause for dismissal from the school system. Fines, damages, penalties, or forfeitures shall not be paid by the Board.
    3. Civil liability insurance coverage shall be provided for each employee to the extent now provided by the law under tort liability. Costs of this coverage shall not be deemed to provide payment for fines, penalties, or forfeitures arising out of criminal proceedings.
    4. Whenever an employee is absent from his/her assignment as a result of personal injury or for appearances before a judicial body of legal authority in connection with an assault case, he/she shall be eligible for sick days. There shall be no loss of wages or reduction in accumulated leave.
    5. Physical restraint may be used by an employee in an extraordinary case of breach of discipline to restrain, if necessary, a disruptive pupil to prevent injury to himself/herself or students, provided the force used is reasonable under the circumstances. The employee shall inform the principal or immediate supervisor at once of such action and shall make an accurate, written report within 24 hours.
    6. The District shall take appropriate action against the person (a student) committing the assault, according to the student discipline policy established by the District.