ARTICLE XXIII
TEACHER PROTECTION AND SAFETY

Section 1 -- General
  The District shall make every reasonable effort to provide a place of employment that is safe as the nature of the employment and assigned duties reasonably permit.

Section 2 -- Safety Equipment
  The District shall provide safety equipment reasonably necessary to permit unit members to perform assigned duties safely. This will include an adequate number of first-aid kits and safety equipment. The location of the safety equipment shall be communicated to teachers during an initial staff meeting.

Section 3 -- Student Behavior
  A. Pursuant to Education Code §48910, a teacher may suspend a student from his/her class for the day of the suspension and the day following for reasons set forth in Education Code §48900. He/She shall, send the student with the suspension form to the principal for appropriate action. Prior to the end of the suspension period, the unit member shall provide documentation reflecting that he/she has followed due process and implemented progressive discipline when appropriate. Pursuant to Education Code §48910, the pupil shall not be returned to the class from which he/she was suspended, during the term of the suspension, without the concurrence of the suspending unit member and the site administrator. The pupil shall not be sent to another classroom during the term of the suspension.
  B. A unit member may exercise, during performance of his/her duties, the same degree of physical control over a pupil that a parent would be legally privileged to exercise; but in no event shall it exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. A unit member is not required to place himself/herself in imminent danger of serious bodily injury in order to protect another employee or student from an assault.
  C. Whenever any unit member is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the unit member to promptly report the incident to his/her supervisor or law enforcement. The District and the unit member will cooperate with law enforcement at all stages of the criminal or juvenile justice system through and including prosecution.
  D. Pursuant to Education Code §49079,
    (1) The District will establish a system for site administrators to inform the teacher of every student who has caused, or who has attempted to cause, serious bodily injury or injury to another person. The District shall provide the information to the teacher based upon any written records that the District maintains or receives in its ordinary course of business or receives from a law enforcement agency regarding such students.
    (2) The information provided shall be from the previous three (3) school years.
    (3) information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher.
    (4) Should any section of Education Code §49079 be modified or removed by statute, this section shall be amended to comply with the statute.
  E. When students are referred to another school for adjustment purposes by the District, the cause for that transfer shall be communicated in writing to the principal or designee at the recipient school prior to the time the student is placed in the classroom if the cause is related to physical aggression, weapon possession or use, or threatening behavior towards staff. The teacher shall be notified pursuant to D(1) above.

Section 4 -- Unsafe Conditions
  It is the responsibility of all unit members to be alert in observing unsafe conditions, and to report unsafe conditions to their supervisor and/or District safety officer. The supervisor and/or District safety officer shall promptly investigate reported unsafe conditions and order appropriate corrective action, if needed.

Section 5 -- Safety Training
  A. The District shall provide safety training reasonably necessary to permit unit members to perform assigned duties safely.
  B. Upon request, the District will provide training on how to subdue assaultive pupils, legal use of force, and use of conflict intervention skills.
  C. Unit member required to perform specialized health care procedures will first receive training on how to safely perform the procedures. The District will also make available CPR and first aid training.

Section 6 -- Disaster Service Worker
  Pursuant to Government Code §3100, all public employees are declared to be disaster service workers and subject to such disaster service activities as may be assigned to them by their superiors or by law. When assigned disaster service activities by the District, they are working within their scope of employment.

Section 7 -- Safety Rules
  Unit members must comply with all safety rules.

Section 8 -- Safety Committee
  The Association shall have two (2) positions on the District Safety Committee appointed by the Association, which shall represent one-third (1/3) of the membership. The Safety Committee shall meet as necessary, but no less frequently than three (3) times per fiscal year. The purpose of the committee is to review and discuss workplace safety issues and make recommendations to improve employee safety.

Section 9 -- Emergency Communications
  Unit members assigned to a school site shall have access to a telephone or other electronic communication device available to summon help in case of an emergency.

Section 10 -- School Site Discipline Plan
  A. The District shall provide unit members with a copy of the site student discipline policies, procedures and District matrices. The information shall be provided at an initial staff meeting.
  B. The site discipline plan will be reviewed annually with the staff.
  C. When school site discipline plans are developed or reviewed by the School Site Council, the Association site representative shall be given notice of the meeting.

Section 11 -- Drug and Alcohol Use
  A. The purpose of this Article is to eliminate substance abuse and its effects in the work place. While unit members have certain rights to privacy, involvement with drugs and alcohol can take its toll on job performance and employee safety. Unit members must be in a condition to perform their duties safely and efficiently, in the interest of students, fellow workers, and the public as well as themselves. The presence of drugs and alcohol on the job and the influence of these substances on employees during working hours are inconsistent with this objective.
  B. The District shall provide an Employee Assistance Program (EAP). Unit members who think they have an alcohol- or drug-usage problem are urged to voluntarily seek confidential counseling through the EAP.
  C. Unit members shall not be under the influence of or in possession of alcohol or drugs while on District property, at work locations, or while on duty or subject to be called to duty. Unit members shall not use such substances while they are subject to District duty, sell or provide drugs or alcohol to any other employee or to any person while such employee is on duty or subject to being called to duty, nor have their ability to work impaired as a result of the use of alcohol or drugs.
  D.

Any unit member reasonably believed to be using alcohol or drugs may be required to submit to physical or psychological examination and/or urine, blood, breath and/or other designated medical or chemical tests for evidence of drug and/or alcohol use. The cost of the tests shall be paid by the District. A chain of custody shall be maintained on each test sample. Urine samples shall be preserved for up to two (2) years. If the unit member's urine specimen tests positive for drugs, a second test shall be conducted using the Gas-Chromatography-Mass Spectrophotometry (GC-MS) method.

The laboratory selected to conduct the testing must meet or exceed the following professional standards:

    a. A forensic laboratory accredited by the College of American Pathologists
    b. Adhere to the College of American Pathologists' guidelines
    c. Membership in the California Association of Toxicologists
    d. Participate in a voluntary proficiency screening of the California Association of Toxicologists
    e. Have written procedures regarding equipment maintenance and toxicology testing
    f. Maintain a maintenance log on all toxicology testing equipment
    g. Make available a record of all laboratory employees and their qualifications
  E.

"Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent supervisor or manager to suspect that a unit member is under the influence of drugs or alcohol so that the unit member's ability to perform the functions of the job is impaired or so that the unit member's ability to perform his/her job safely is reduced.

For example, any of the following, alone or in combination, may constitute reasonable suspicion:

    a) Slurred speech
    b) Alcohol odor on breath
    c) Unsteady walking and movement
    d) An accident involving District property
    e) Serious accident causing injury
    f) Physical altercation
    g) Verbal altercation
    h) Unusual behavior
    i) Possession of alcohol or drugs
    j) Information obtained from a reliable person with personal knowledge
    k) Failure to pass field sobriety test
   

Anonymous information shall not constitute the sole basis for reasonable suspicion.

Refusal to submit to the testing when reasonable suspicion exists shall constitute insubordination, which is cause for dismissal.

  F. A positive result from a drug and/or alcohol analysis may result in a disciplinary action, up to and including dismissal.
  G.

Depending upon the circumstances, and provided that the unit member has consented in writing to the testing, the District, in its sole discretion, may offer the unit member an opportunity to enter into a rehabilitation agreement prior to taking disciplinary action. Unit members entering a rehabilitation program in lieu of discipline shall be required to submit to random testing for up to one (1) year after completion of the program. Violation of the rehabilitation agreement shall be cause for disciplinary action, up to and including dismissal.

While receiving medical treatment for alcohol or drug abuse, the unit member shall be eligible to apply for sick leave and long-term sick-leave benefits as provided for in Article XX.