GBHA - Scope of Employment

1. PURPOSE AND PHILOSOPHY

Personnel employed by Nebo School District constitute the most important resource for effectively conducting a quality learning program. Every employee can make important contributions to student learning, and the Board of Education recognizes that these contributions are best made when employees act within the scope of their employment. Employees act within the scope of their employment only when performing duties for which they have been hired by the District or for which they have been authorized by the Board, the Superintendent, or their school Principal or supervisor. Employees also act within the scope of their employment only when they act in compliance with District policies and applicable state and federal laws, rules, and regulations. 

If a civil lawsuit is brought against an employee for acts or omissions occurring during the performance of official job duties or otherwise within the scope of the employee’s employment, the employee may have the right to have the lawsuit defended by an attorney at no cost to the employee, to have any claim settlement paid on the employee’s behalf, and to have any judgment entered against the employee paid. Likewise, if criminal charges are brought against an employee for acts or omissions occurring during the performance of official job duties or otherwise within the scope of the employee’s employment, the employee has the right to recover reasonable attorney fees and court costs for defense of the charge if the case is dismissed or results in an acquittal, unless such dismissal is on motion of the prosecuting attorney. Employees acting outside the scope of their employment enjoy no such protections. 

2. PROFESSIONAL BOUNDARIES

Employees act outside the scope of their employment when they fail to operate within the professional boundaries set forth in Nebo School District Policy GBEF, Professional Boundaries, Policy CH, Websites and Social Media, and Utah Admin. Code R277-217, Educator Standards and LEA Reporting. Prohibited boundary violations do not fall within the scope of any employee’s employment.  

3. STUDENT SUPERVISION

Teachers shall not leave students unattended in a classroom, lab, or other instructional area during instructional time. A justification may exist for leaving students unattended only in cases of emergency such as injury to a student requiring immediate attention, threat to health or safety, or personal emergency of the teacher. Any other absences from the classroom fall outside the scope of a teacher's employment.

4. PROVISION OF TRANSPORTATION

Except as otherwise specifically provided for by District policy, no employee except an authorized bus driver has authority to provide transportation for any student or other employee unless authorization is given by the principal or other appropriate administrator. All transportation not authorized is outside the scope of employment. See Nebo School District Policy GBEF, Professional Boundaries, Policy EEA, School Access and Student Transportation, and Policy, IICA Student Educational Travel.

5. CONFLICT OF INTEREST

Employees must comply with the Utah Public Officers’ and Employees’ Ethics Act, Utah Code Ann. § 67-16-1, et seq., Utah Admin. Code R277-107, Educational Services Outside of Educator’s Regular Employment, Nebo School District Policy KA, School Facility Use, and the guidelines found in Nebo School District Administrative Directive No. 5.1, Private, but Public Education-Related Activities. 

An employee who obtains or maintains other employment shall ensure that the employment does not interfere with or substantially impede the discharge of the employee’s duties with the District. Likewise, employees may not have personal investments in any business entity or engage in transactions which will create a substantial conflict between the employee’s private interests and public duties. Such employment, investments, and transactions are outside the scope of the employee’s Nebo School District employment.

6. CONSULTING

The District employs many professional staff members of high quality. Recognition of this quality results in staff members being requested to serve school systems, governments, and other organizations as paid or unpaid consultants.

Both the District and the employee may benefit from an employee consulting or otherwise assisting another entity. Employees should therefore be free to accept such offers so long as they do not substantially interfere with their employment with Nebo School District.

Employees consulting or otherwise assisting during contract time must first obtain permission from the superintendent or use personal leave.

7. MEDIA CONTACTS

Official statements for publication regarding District matters should be made only by the District Public Information Officer. Employees should consult with the Public Information Officer before responding to media questions or concerns and before making official statements about school or District business or speaking in their official capacity as an employee on social media or other publicly accessible media forums. Failure to do so may result in the employee’s comments constituting conduct outside the scope of employment. 

8. FIREARMS

Both federal and state law generally prohibit firearms from being brought onto public school property, subject to a few limited exceptions. Unless otherwise specified in Nebo School District Policy CK, Firearms, employee use or possession of a firearm is outside the scope of employment.