Contact: saferschools@yahoo.com
“The first rule of success is to stay alive.”
"There is no right way to do something wrong."
The highest priority of our school leaders, elected officials and communities is to ensure our children receive a quality education in a safe atmosphere.
SCHOOL SAFETY IS EVERY CHILD'S RIGHT.
SCHOOL SAFETY IS EVERY EMPLOYEE'S RIGHT
SCHOOL SAFETY IS EVERY EMPLOYEE'S RIGHT
Many students who commit violent crime, threaten others, or act out are crying for help. We must not let their cries for help be ignored.
(What I Wish I Had Known; What I Have Learned;
Suggestions for Students, Parents, Educators)
Intercept verbal or written threats of bodily harm:
If threatened or feel unsafe:
*Complete and file a police statement ASAP.
*Keep the original copy: this will be needed if I petition the court for a Restraining Order.
* Student or staff: share threat directly with SRO/law enforcement; complete and file a police statement the same day. Let law enforcement begin with a blank slate and use their expertise to initially address the situation…let law enforcement communicate with school ‘leaders’.
(SRO: School Resource Officer)
*In a 3-ring notebook, record date, time, place, individuals present, conversation. Keep a running journal of events (in plastic sleeves) to ensure accuracy.
Demand for employee to meet alone with school or central office “leader(s)”:
*Employee has the right to representation: family member, lawyer, and or NCAE
(NCAE: 336-292-4800; 800-635-9153;
NCAE: NC Association of Educators).
*Employee does not have to meet alone with employer/administrator.
Employee may have a previous commitment (Dr. appt., child or family need).
*Employee may reschedule meeting at mutually agreeable time with representation and school/central office leader.
Personal Injury Involved:
* Do not give a statement to the other person's insurance company until you have talked to an attorney. If you have been hurt, call and discuss your case with an attorney.
GCS electronically deletes employee paycheck, benefits, retirement, and/or 401K:
*Employee: contact Media/NCAE to investigate, address, and correct/reinstate
*Employee: expect GCS to have bank and each benefit service show corrections/reinstatement in writing to you, Media, and NCAE before you give clearance to Media or NCAE that each is reinstated
(FYI: some benefits (retirement, 401K) may not show deletion immediately)
Confidentiality Agreement/Gag Order*Do not sign. May leave matter unaddressed: future individual(s) &/or situation as vulnerable as you.
*If you do choose to sign: first ask deep questions of knowledgeable, respected, trusted family members, mentors, support system, individuals involved; include satisfactory responses in signed agreement
Mediation:
*Take knowledgeable/trusted family member/friend with you;
*At beginning, with both sides present, you have the right to share your story;
*You have the right to be present for and to actively participate in negotiations;
*If lawyers try to side bar negotiations, you have the right not to agree, but to reschedule another mediation date. Each side negotiates in Mediation.
Situational Anxiety: occurs when the body's natural reaction to dangerous situations, the fight or flight response, is triggered by a violent or frightening experience. Situational anxiety is characterized by intense and debilitating fear in a specific situation. It is the body’s way to safeguard itself.
Occupational Disease: is any chronic ailment that occurs as a result of work or occupational activity. It is an aspect of occupational safety and health. An occupational disease is typically identified when it is shown that it is more prevalent in a given body of workers than in the general population, or in other worker populations.
(ex.: schools employees: student threats of violence, to shoot, to cause bodily harm)
Under the law of workers' compensation in many jurisdictions, there is a presumption that specific disease are caused by the worker being in the work environment and the burden is on the employer or insurer to show that the disease came about from another cause. Diseases compensated by national workers compensation authorities are often termed occupational diseases. The term work-related diseases is utilized to describe diseases of occupational origin. This term includes both compensable and non-compensable diseases that have occupational origins
Definitions copied from those used in teacher's legal case
(See Safer Schools website page 15: Teacher Intercepts GCS Students' Written Threats...)
Your Rights Under the Law - Episode of ViolenceMarie Evans, UniServ Consultant
North Carolina General Statute 115C-338 is entitled “Salaries for employees injured during an episode of violence.” The complete text of the law is below. What it says is that if an employee is injured as a result of a violent act by a student, they are entitled to full salary and benefits from any absence that results from that injury. All your expenses are paid, you continue to receive full salary, and no sick leave or vacation leave is deducted, during the time you are absent due to your injury.
If you are injured by a student, be sure to file an incident report with your principal or supervisor as soon as possible. If you believe that your injury is the result of a violent act by a student, be sure to mark your leave form accordingly. Your payroll person is aware of this statute and should assist you in receiving your salary and benefits. Please call your UniServ Consultant (821-3128) if you have any questions about this or any legal issue.
§ 115C-338. Salaries for employees injured during an episode of violence.
(a)For the purpose of this section, "employee" shall mean any teacher, helping teacher, librarian, principal, supervisor, superintendent of public schools or any full-time employee, city or county, superintendent of public instruction, or any full-time employee of Department of Public Instruction, president, dean or teacher, or any full-time employee in any educational institution supported by and under the control of the State: Provided, that the term "teacher" shall not include any part-time, temporary, or substitute teacher or employee, and shall not include those participating in an optional retirement program provided for in G.S. 135-5.1. In all cases of doubt, the Board of Trustees, as defined in G.S. 135-1(7), shall determine whether any person is a teacher as herein defined.
(b) Any employee who while engaged in the course of his employment or in any activities incidental thereto, suffers any injury or disability resulting from or arising out of any episode of violence by one or more persons shall be entitled to receive his full salary during the shortest of these periods: one year, the continuation of his disability, or the time during which he is unable to engage in his employment because of injury. An episode of violence shall be defined to mean but shall not be limited to any acts of violence directed toward any school building or facility, or to any employee or any student by any person including but not limited to another student. These benefits shall be in lieu of all other income or disability benefits payable under workers' compensation to such employee only during the period prescribed herein. Thereafter, such teacher shall be paid such income or disability payments to which he might be entitled under workers' compensation. If the employment of a substitute is necessitated by the disability of the injured employee the salary of such substitute shall be paid from the same source of funds from which the employee is paid. This section shall in no way limit the right of the injured employee to receive the benefits of medical, hospital, drug and related expense payments from any source, including workers' compensation: Provided, further, that this section shall not apply to any employee who is injured while he participates in or provokes such episode of violence except as is incident to the maintenance or restoration of order or classroom discipline or to defend himself: Provided, further, that this section shall be given liberal construction and interpretation as to any and all definitions, conditions, and factual circumstances set forth herein.
(c) Any employee claiming the benefits of this section shall file claim with the board of education employing such employee within one year after the occurrence giving rise to his alleged injury. That board of education shall, within 30 days after receipt of such claim, decide whether and to what extent that employee is entitled to the benefits of this section and shall forthwith transmit its decision in writing to such employee. That employee shall, however, have the right to appeal the decision of that board of education to the North Carolina Industrial Commission by serving that board of education and the North Carolina Industrial Commission with written notice thereof within 30 days after receipt of the board's written decision. In determining all appeals under this section the North Carolina Industrial Commission shall constitute a court for the purpose of hearing de novo and passing upon all claims thereby presented in accordance with procedures utilized by the Commission in determining claims under the Workers' Compensation Act. The decision of the Industrial Commission in each instance shall be subject to appeal to the North Carolina Court of Appeals as provided in G.S. 143-293 and 143-294. (1971, c. 640, ss. 1, 2; 1973, c. 753; 1979, c. 714, s. 2; 1981, c. 423, s. 1.)
The following informational presentation was created by Tom Stern, NCAE Attorney, and Deborah Stagner for the 2010 LIFT (Law Institute For Teachers) Conference sponsored by the Wake County Bar. (click following website)
How can we effectively work to assure the safety of our children and school personnel?
