A.             Any permanent employee not eligible for protection under Section 3020 of the Education Law shall have the right to challenge any disciplinary action in accordance with the Grievance and Arbitration Procedure of this Agreement, only if such disciplinary action constitutes an unreasonable or arbitrary exercise of management's rights, as described in Article IV. The burden of conclusively proving that the School District acted unreasonably or arbitrarily shall rest with the employee, and unless such burden is sustained, the arbitrator shall have no authority to disturb or modify in any manner the action taken by the District.

B.             An employee against whom the District brings such disciplinary action shall have the right to representation by an Association representative.

C.             The District agrees to hold employees harmless from any financial loss, including attorneys' fees arising out of any claim, demand, suit or criminal prosecution arising out of disciplinary action taken against any pupil in the District, or judgments by reason of any act, or omission to act, by such employees, within or without the school buildings, provided such employees, at the time of the act or omission complained of, were acting in the discharge of the employee's duties within the scope of the employee's employment, or under the direction of the District; provided, however, that the District shall be under no obligation to satisfy any financial or other penalty imposed upon an employee as the result of conviction of a criminal offense. It is further understood and agreed that the liability of the District, as set forth in this Section, shall be coextensive with, but shall not exceed, the liability as set forth in Sections 3023 and 3028 of the Education Law.

            1.             Notice of Claim - The District shall not be subject to the duty imposed in Paragraph C of this Article, however, unless the employee involved shall, within ten (10) days of the time the employee is served with any summons, complaint, process, notice, demand or pleading, deliver the original, or a copy of the same, to the Superintendent.

            2.             Notice of Incident - The District shall not be subject to the duty imposed by Paragraph C of this Article unless the employee involved shall, within ten (10) days of an occurrence which, reasonably, could be expected to result in a claim or complaint, notify the Superintendent, in writing, of the facts of said occurrence so that a timely investigation may be conducted by the District. Nothing contained herein shall be construed as a bar to an employee's exercising rights under Section 3023 of the Education Law or any other statute or regulation as may apply, nor shall it be construed as a bar to the District and the Association agreeing to waive the provisions of this Paragraph.

D.             A member of the Unit who desires transfer to another building may file a written statement of such desire with the Director of Personnel Services no later than March 1. Request for transfer should be made according to the procedures established by the Personnel Department and on a form available in the Principal's office.

Notice of such transfer will be given to the employee as soon as practicable.

E.             Bus Attendants interested in particular bus runs shall submit a letter of interest to the Transportation Department.

F.             Bus Attendants may in June submit a written request for desired bus routes for the next school year, listing top two choices. In making assignments, the Syracuse City School District shall consider many factors, including but not limited to, attendance, work performance, special needs and circumstances of the students being served and the seniority of the employee making the request. If an employee believes that his/her request has been unreasonably denied the employee, as a sole means of recourse, shall be entitled to meet with the Director of Transportation and/or the Director of Personnel to discuss the assignment.

            A Bus Attendant may be removed from an assigned route at any time and shall be provided with a reasonable explanation for reassignment in writing.