ARTICLE TWENTY-ONE

May 22, 2006 5:42 PM

H.  False Accusations

Knowingly false accusations of misconduct against employees will not be tolerated.

      If an accusation of sexual misconduct or physical abuse against an employee is found by the Board or Special Commissioner of Investigation to have been knowingly false when made, the Board will take the following actions to restore the falsely accused employee’s reputation: removing all references to the charges from the employee’s personnel file(s) and adding evidence of the unfounded nature of the charge to  departmental files that may have to be maintained to satisfy other legal requirements, if any; and restoring any back pay owed with interest and, at the employee’s request, confirming to any regulatory agency the finding that the employee was falsely accused.  In addition, where the knowingly false accusation was made by a student of the employee, absent compelling and extraordinary circumstances the student will be permanently reassigned from the employee’s class.

I.    Peer Intervention Program

      The Board and the Union recognize that instructional services should be delivered by a highly qualified and motivated staff, accorded the respect and professional treatment to which they are entitled.  Towards that end the Board and the Union have agreed to provide resources and peer assistance on a voluntary confidential basis to staff who have completed probation and who believe that their teaching competence will benefit from that assistance in the manner provided below:

      1. The Peer Intervention Panel shall be composed of nine members, six of whom shall be selected by the Union and three of whom shall be administrators selected by the Board.

      2. This panel will set qualifications and procedures for the selection of intervenors, an alternative careers liaison and a coordinator of the program.  The panel shall advertise, as needed, the intervenor, coordinator and alternative careers liaison positions on a citywide basis, posting the qualifications and procedures previously developed.  The program’s professional staff shall be selected in accordance with the posted procedure.

      3. The Panel will also design and continually monitor a professional development program that enables the selected staff to meet the goals set forth above.

      4. The intervenors shall serve for four year renewable terms.

      5. Any teacher who has a reasonable basis for needing such assistance and/or receives a U-rating or formal warning may request assistance from the peer intervention program, in writing on a form promulgated by the Panel.  The Panel will review requests and promptly notify the teacher of its determination as to whether assistance will be provided in that case. Such communications will be kept completely confidential.

      6. The intervenor will develop a plan to assist the participating teacher tailored to the specific needs of that teacher and will work with the teacher directly for not more than one year.

      7. For three months following the start of the intervention period, supervisors will not evaluate or observe the participating teacher.  However, supervisors will otherwise continue to exercise their responsibilities.

      8. The Board, the Union, and the participating teacher agree that for any disciplinary action other than an appeal of a previous U-rating, all time limitations within which to bring such actions will be tolled for the three month period in which the supervisor does not evaluate or observe the participating teacher.  For such U-rating appeals, the parties agree that the time limitations are tolled for the entire period of intervention.

      9. All communications between the intervenor and the participating teacher shall be completely confidential.  As a condition of involvement in the program, all participants in the program, including the intervenor and the participating teacher, must consent to the confidentiality provisions set forth in this paragraph.  The Board and Union agree that the intervenor, or any other person involved in the peer intervention program shall not be subpoenaed by the Board or the Union or called to testify, produce documents or participate in any other way concerning the intervention in any proceedings under Section       3020-a of the Education Law as modified by Article 21G above (hereinafter “3020-a proceeding”).  No arbitrator, in any proceeding under the parties’ control, shall accept evidence regarding such communications.  If PIP is used as a remedy in a 3020-a proceeding or if the parties agree to use it as a settlement to such a proceeding, this paragraph continues to apply except that if the intervention was not successful a statement from the program saying “PIP was attempted and was not successful” may be submitted into evidence in any subsequent 3020-a proceeding with respect to charges concerning teaching competence.

      10. Except as otherwise herein provided, the Union, the Board or any participating teacher may exercise any constitutional, statutory, regulatory or contractual right otherwise provided by law, regulation or contract.

      11. The Board agrees to make available on a best efforts basis alternative career opportunities in the Board and/or the City for teachers who decide to leave the teaching profession in the course of or following intervention through access to other employment alternatives within the system and/or the City; and/or retraining/redeployment through the Board of Education or New York City.

      12. Administrative procedures for effectuation of these provisions will be formulated by the Panel in consultation with the Board and the Union and thereafter distributed by the Panel.

      13. These procedures relate solely to issues of competency and no other grounds of discipline.

      14. The acts of the panel, intervenor, coordinator, Union and Board shall be final.

J.   Medical Review Procedures

      1. Requests for Medical Examination of Teachers

      The report of the immediate supervisor requesting examination of a teacher pursuant to Education Law Section 2568 shall be made in duplicate.  A copy of the report shall be forwarded to the teacher.

      2. Skin Test

      The Board and the Union shall seek legislation to permit employees a choice of skin test or X-Ray. Until such legislation is enacted teachers in this system will be given a skin test.  The skin test will be administered by the Department of Health.  Where a skin test result proves to be positive, the Board may require an X-Ray test.  An enabling resolution to this effect was adopted by the Department of Health on May 6, 1962.

      3. Injury In the Line of Duty

      In order to provide for an expeditious handling of injury in the line of duty claims, the following is provided:

      a. Within five school days of a claim of injury in the line of duty requiring an employee to be absent, the superintendent shall make a determination as to whether the accident occurred in the line of duty.

      b. Where the employee is in a non-pay status pending a determination by the Medical Bureau of the duration of absence attributable to injury in the line of duty, the Medical Bureau will make its determination within ten days of the employee’s submitting himself or herself for the required physical examination.

      4. Medical Report and Review

      a. The report of the Medical Bureau on a teacher who was called for medical evaluation shall, upon written request of the teacher, be sent to the teacher’s physician within 25 days after the evaluation.

      b. Upon the teacher’s request to the Medical Bureau, his/her physician shall have the right to examine his/her medical file.

      c. A regular teacher shall have the right to an independent evaluation by a medical arbitrator selected from rotating panels of doctors to be selected by mutual agreement of the Board and the Union if the finding of the Medical Bureau to the Chancellor has resulted in:

      (1) Placement of the teacher on a leave of absence without pay for more than one month; or

      (2) Termination of the teacher’s services; or

      (3) A recommendation for disability retirement; or

      (4) A denial of a leave with or without pay for more than one month.

      A request for an independent evaluation of the finding of the Medical Bureau shall be submitted in writing by the teacher to the Division of Human Resources within 10 school days of receipt of notice from the Division of Human Resources that he/she has been placed on leave of absence without pay for more than one month, or that his/her services have been terminated, or that he/she has been recommended for disability retirement, or that he/she has been denied a leave with or without pay for more than one month.  The Board and the Union may agree on a case by case basis to permit, in special circumstances, an independent medical evaluation to teachers who do not otherwise qualify for one under this Agreement.

      The medical arbitrator shall examine the teacher and consult with the teacher’s physician and the Board’s physician.  The arbitrator’s authority shall be limited to determining the medical aspects of the teacher’s claim.  The arbitrator’s decision shall be rendered within 10 days after he/she has completed the evaluation of the teacher, and if made within his/her authority under this Agreement shall be accepted as final and binding by the Board and the teacher.

      The fee of the medical arbitrator shall be shared equally by the Board and the teacher.