Know Your Rights: ILOD
May 2, 2005 1:48 PM
Q: I've heard the disturbing statistic that an average 13 UFT members are injured in school incidents-mostly assaults-every day. What are my rights if I am assaulted?
A: Assaults against school staff have declined in six of the last seven years, from a high of 1,902 assaults in 1993-1994 to 992 in 2002-2003, a 47.8% decline. And the UFT will continue to promote effective initiatives like our Violence Prevention Program and forceful safety plans to ensure further reductions in assaults and other incidents.
Meanwhile, should you have the misfortune of being assaulted, the rights you gain through our contract offer you protection and strong support. Your rights are rooted in contract Article 10 (assistance in assault cases), Article 21 (medical review), and Department of Education policy that has been incorporated into the contract by reference (Article 20). They fall into four categories:
LEGAL: The contract requires the principal to report any criminal assault within 24 hours to the board's Office of Legal Services, to the director of school safety and to the UFT's Victim Support Program. To ensure that the principal had made such a report, it should be presented to you for your signature and any additional statement you may wish to attach.
Legal services will notify you in writing of all your legal rights and assist you in the pressing of criminal charges, including representation in court. If you appear in court, it counts as a paid non-attendance day.
If you suspect that the school was in some way culpable, your UFT borough office of the Victim Support Program wil arrange a free consultation with an attorney.
Deadline: You have ninety (90) days from the incident to file a "Notice of Claim" with the city, stating you intent to sue; no notification, no suit.
Medical: If you are injured in the line of duty, your health plan covers your medical care. In addition, the UFT convinced the board to waive its normal $750 limit on un-reimbursed medical expenses on a case by case basis for those who are asaulted while on duty in an unprovoked attack by a student, parent or stranger.
Financial: Your pay continues if you're injured in the line of duty--as long as the board approves line-of-duty status administratively and medically. If you have to miss work or appear in court, the days will not come out of your sick bank--as long as you file the appropriate paperwork. (See below).
Union: The UFT's Victim Support Program lends an invaluable human touch, contacting every member who becomes a crime victim to offer practical advice, counseling, and assistance with police, the judicial system, and the board's medical division. Phone them at (212) 598-6853.
If you are assaulted, first, get medical treatment. Second, file a criminal complaint. Third, complete some paperwork to ensure that your rights are protected. Filing delays could cost you money. If you have questions, call the UFT Victim Support Program. The following are the forms (you might not have to file all of them):
Department of Education Occurence Report: Principal must file within 24 hours; you sign to acknowledge seeing it and can add a statement.
Comprehensive Accident/Injury Report: Details nature of your injuries; principal files within 24 hours.
UFT Incident Report: Notifies UFT School Safety Department; chapter leader files.
Application for Excuse of Absence (OP 198): You and your physician complete it. For job-related injuries, staff members apply for line-of-duty leave (section "C" on form).
Confidential Medical Form (OP 407): If the nature of the incident or injury is confidential, have your doctor fill this out and mail it to the board's medical office.
Assignment Form (OP 200): This legal form, which must be notarized,states that if you sue and collect a settlement larger than the salary paid during your convalescence, you will refund your salary to the board.
Request for Reimbursement of Medical Expenses-Assault (OP 505A): In most cases, the board will reimburse you for all your out-of-pocket mecdical expenses if you are assaulted.
Request for Reimbursement for Loss or Damage to Personal Property (OP504): The board will reimburse you for stolen of destroyed property up to $100, but only if the property is of the type that is normally brought into schools (WARNING: Don't bring valuables!). There are special procedures for eyeglasses damaged in assault cases. Contact the Victim Support Program at (212) 598-6853.
In addition, paraprofessionals must file the following forms:
Employee's Notice of Injury (WCD23): Your description of the incident.
Employer's Report of Injury (C2): Complete only the employee section.
For more information, ask your chapter leader for a copy of the fifth edition of Security in the Schools. It has a wealth of information about making schools safer. To prevent assaults, consult your chapter leader about the School Safety Plan, and ask about having a workshop by the union's Violence Prevention Program.
