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Phone: 412- 417-1748            Allegheny Intermediate Unit Education Association

Weingarten/Teacher Guide/Assaults/Pensions

Teachers' Rights/Weingarten Rights

Called to a Meeting

If you are called into a meeting with an administrator which you think may result in being disciplined or become accusatory, be certain to have a Association Representative present. A verbal reprimand is a form of discipline. This is your LEGAL right (Weingarten Rights). 

 

The employee can invoke their Weingarten Rights by saying:

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my Association representative be present at the meeting. Without representation, I choose not to answer any questions.”

 

Meeting Turns Accusatory

If you find yourself in a meeting which you did not expect to be accusatory, but which results in discipline/accusations against you , request an Association Rep. It is your responsibility to request the Rep.

The administration does not have to make you aware of this right. If no Rep is available, ask for an adjournment of the meeting, make NO COMMENTS, and later consult with your Rep.

 

Meeting without a Rep

If you are in a meeting, without a Rep, and you are unable to stop the meeting for any reason, discontinue participation in the meeting, take notes, do not respond or react and at the end of the meeting SEE YOUR REP.

 

Best Thing To Do

To insure the best possible assistance of a Rep follow this advice:

•contact your Rep immediately

•do not discuss any issue with an administrator or attempt to resolve a situation on your own

•do not make spontaneous replies to charges

•cooperate with your Rep regarding written statements

•do not accept any proposals offered by administration without having a  discussion with your Association

•under no circumstances accept an offer to resign (or in any other way compromise yourself) without first conferring with your Association

•make absolutely no public statements about the matter

Assaults or Injuries (PSEA)

 

           Try to avoid responding physically. If you have to respond, use reasonable force.                   

           Be sure the situation is stable, and that someone qualified covers your class.                                                            

           Contact the school nurse. The incident must  be documented by the nurse.                                         

           Identify and record: witnesses, location, time and facts surrounding the incident.                   

           Call appropriate PSEA office/representative and seek assistance.                                                                     

           Report the incident to the school administration. Ask for medical diagnosis and treatment. If            refused, request that the association assist you in obtaining immediate sick leave and go to            your own doctor. The doctor should know that this is important evidence. Color photos            should be taken.                                                                                                                                                               

           Insist the administration immediately document the attack. Get a copy of the report and            reserve the right to correct or add to the report.                                                                                    

           Insist the administration contact the police immediately. If refused, you should contact the            police. File a report and obtain a copy.                                                                                                     

           Consult with your association to determine whether you want file charges.                                         

           In situations what might result in counter charges, you should not make any statements            without contacting and consulting with your association. DO NOT agree to sign any report or            charges without  consultation. DO NOT resign.

           Insist on the right to union and legal representation.                                                                                                                           

           In the event that criminal charges are filed, remain silent when questioned by police until              an attorney is consulted. Assert you right to have an attorney present.                                                

           Be calm and give yourself time away from the confusion before making any comments to            ANYONE. All statements will be used FOR OR AGAINST YOU.

Guide for All Teachers

 

¨ Keep a personal log: write down all requests you make for classroom and educational materials, discipline referrals, and/or any item or issue, that at a later date, may be used against you. Create a PAPER TRAIL of proof that you have asked for materials and/or help concerning certain issues. DOCUMENT, DOCUMENT, DOCUMENT.

 

¨ Use your time wisely. Do not allow yourself to fall behind in assigned tasks. If more time is necessary for an assigned tack, request more time from your supervisor/principal. Put your request in writing and keep a copy.

 

¨ When district personnel responsible for generating paperwork do not follow timelines, you as the case manager MUST make sure you keep the compliance dates current.

           IT IS YOUR RESPONSIBILITY. This will impact due process hearings when parents say            you missed timelines and denied their child FAPE.

           Always keep accurate documentation.

 

¨ If you are reprimanded or receive and unsatisfactory evaluation, contact your association representative.

 

¨ If you are asked to attend an accusatory meeting, contact your association representative. You have the right to take an association representative with you.

 

¨ Read and follow your contract. Past negotiating teams have worked very hard to get us where we are today.

 

¨ Keep accurate records with a back up copy.

Pension Forfeiture Act

 

The Pension Forfeiture Act (1978) provides for forfeiture of the pension of certain public employees and authorizes the state to garnish the pension benefits of certain public employees upon conviction of certain criminal activity related to their position of employment.  This act was amended in 2004 to include certain sexual crimes committed by a school employee against a student as a forfeitable offense.  In particular, the crimes include rape, statutory sexual assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, and indecent exposure.

 

 

Confidentiality of Student Records

 

The following is a summary from the Federal Policy Compliance Office regarding the need to maintain confidentiality of student records.  Schools must take reasonable steps to protect student information and

“a school should not send a student’s grades or other non-directory information to a parent by facsimile transmission unless there is reasonable certainty that no one other than the parent will receive the information. A school may e-mail non-directory information to a parent if it takes reasonable steps to authenticate the identity of the recipient and ensure that the electronic transmission is secure from misdirection and unauthorized intrusions.  A school that is unable to undertake these precautions should instead use regular mail in a closed envelope…” 

 

 

         Read Your Contract

         This document will answer many of your questions.