Date Adopted: 14 August 2019
Current Review / Revision: 14 August 2019
15 January 2025
This policy is adopted in conformance with Utah Administrative Rule R277-322, which requires local educational entities to adopt a code of conduct applicable to staff.
Utah Code § 80-1-102(63), (79) (2023)
Utah Admin. Rules R277-217-3(3) (January 10, 2024)
2. “Boundary violation.” A boundary violation occurs when a staff member crosses verbal, physical, emotional, or social lines that must be maintained to ensure structure, security, and predictability in an educational environment. Depending on the circumstances, the following may constitute a boundary violation:
It is NOT a boundary violation to:
a. Offer praise, encouragement, or acknowledgement;
b. Offer rewards available to all who achieve;
c. Ask permission to touch for necessary purposes;
d. Give a pat on the back or a shoulder;
e. Give a side hug;
f. Give a handshake or “high five”;
g. Offer warmth and kindness;
h. Use public social media alerts to groups of students and parents; or
i. Engage in contact permitted by an IEP or 504 plan.
Utah Admin. Rules R277-210-2(6) (January 10, 2024)
It is not a boundary violation when a student acts or speaks in inappropriately familiar ways with a staff member without having been prompted to do so by the staff member, but such incidents must be promptly documented and reported to the staff member’s supervisor or the building principal and the student should be given guidance on proper student-staff relationships as directed by the supervisor or principal.
a. The term “parent” means the natural or adoptive or step or foster parent of a child or legal guardian who acts in the place of a parent.
Utah Code § 80-1-102(58) (2023)
Utah Admin. Rules R277-322-2(2) (August 19, 2019)
District staff are expected to comply with all District policies and to adhere to all requirements of the law. District staff are further expected to act professionally. This includes communicating in a civil manner and not promoting personal opinions, issues, or political positions as part of the instructional process in a manner inconsistent with law. It further includes integrity and honesty in relationships with others and conducting any financial business and accounting for funds honestly and with integrity. District staff are expected to comply with appropriate dress and grooming standards as established by District policy, supervisor directives, and generally accepted professional standards. District employees are required to report arrests and convictions as provided for in Policy DACA.
Utah Admin. Rules R277-217-2, -3, -4, and -5 (January 10, 2024)
District staff are prohibited from being under the influence of, using, possessing, or distributing any alcoholic beverage, tobacco product (including electronic cigarettes), or controlled substance at school or at a school-related activity where the staff member is functioning as such, as outlined in Policy GBEC. District staff are prohibited from providing alcohol or unauthorized drugs to students or from allowing students under the supervision or control of the staff member to use alcohol or unauthorized drugs. District staff are further expected to support District efforts to reduce inappropriate drug use and alcohol or tobacco use among students, including by reporting student actions as provided by Policy JICH.
Utah Admin. Rules R277-217-2(10) to (12) (January 10, 2024)
District staff are prohibited from knowingly viewing, accessing, or possessing pornographic or indecent material in any form (print, electronic, or otherwise) while on school premises or at a school-related activity or by using District devices, internet access, or other resources. District staff may not knowingly use, view, create, distribute, or store pornographic or indecent material involving children at any time. District staff may not expose students to sensitive material as defined by Utah Code § 53G-10-103 and as determined by the District.
Utah Admin. Rules R277-495-4(1)(c) (December 11, 2023)
Utah Admin. Rules R277-217-2(16) to (19) (January 10, 2024)
District staff are to comport themselves in a way that contributes to maintaining and fostering a positive, effective, non-disruptive and safe learning environment for students. This includes maintaining professional and appropriate demeanor and relationships with students, both during and outside of school hours and on and off campus and through in-person and electronic interactions (through devices or social media). This also includes respecting appropriate intrapersonal boundaries in interacting with students and avoiding behavior that could reasonably lead to the appearance of impropriety. An educator may not invite, suggest, or encourage a student to reconsider or change the student’s sexual orientation or gender identity. An educators may not use his or her position, through instruction, materials, or symbols, to actively endorse, promote, or disparage a particular partisan, religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint in a manner inconsistent with District policy.
Staff are prohibited from engaging in the following conduct towards students:
Utah Admin. Rules R277-217-2(4) to (7), (22) to (25) (January 10, 2024)
Utah Admin. Rules R277-217-3(2), (3) (January 10, 2024)
Utah Admin. Rules R277-322-2(3) (August 19, 2019)
Utah Admin. Rules R277-322-3(3)(a) to (j) (August 19, 2019)
Utah Code § 63G-7-301(3)(a)(i), (b) (2023)
The foregoing prohibitions apply to staff interaction with any student presently enrolled in the District and to staff interaction with any student who was enrolled in the District within the time period two (2) years before the conduct in question.
Flaskamp v. Dearborn Public Schools, 385 F.3d 935, 944 (6th Cir. 2004).
The District recognizes that in circumstances where a staff member and a student have a relationship which is independent of and does not arise out of the school context, interactions which would be a boundary violation in the absence of that independent relationship may not constitute a boundary violation. (Examples of such independent relationships include where the staff member and student are family members or otherwise closely related or where the staff member and student are both affiliated with a non-school organization and the interaction relates to or arises out of that relationship.) The other prohibitions listed above apply regardless of the existence of an independent, non-school relationship.
Violation of any of the prohibitions of this policy is grounds for employee disciplinary action up to and including termination of employment and for action up to and including termination of the District’s relationship with a contractor or volunteer.
Staff members are required to promptly report any suspected incidents of abuse (physical, verbal, sexual, or mental) or neglect, including suspected incidents of child abuse as provided in Policy DDA. Staff members are also required to report incidents of student prohibited acts under Policy DDB, which includes hazing and demeaning or assaultive behavior). Staff members shall also report incidents of bullying, cyberbullying, and harassment.
Utah Admin. Rules R277-322-3(3)(c), (k)(i) (August 19, 2019)
Staff members are also required to report any instance of violation of this Code of Conduct policy, including but not limited to instances of sexual harassment as provided by Policy DKB and Policy FHAB. If a staff member becomes aware that a student has initiated any interaction with a staff member which would be improper or inappropriately familiar, the staff member must promptly document and report that incident.
Utah Admin. Rules R277-322-3(4)(a) (August 19, 2019)
Staff members should report any instances where the staff member knows or has reason to believe that a staff member holding a Utah educator or administrative license has violated the Utah Educator Standards.
Utah Admin. Rules R277-322-3(4)(b) (August 19, 2019)
Reports required under this Code of Conduct shall be made as follows: Reports regarding child abuse or neglect shall be made according to Policy DDA. Reports regarding sexual harassment shall be made according to Policy DKB and FGAD. Reports of student prohibited conduct shall be made according to Policy DDB. Other reports required by this Code of Conduct shall be made to the staff member’s immediate supervisor or the building principal. However, if the person who would receive the report is the person whose conduct is in question, the report will be made instead to that person’s supervisor.
Utah Admin. Rules R277-322-3(3)(k)(i), (4) (August 19, 2019)
Each staff member must, at least every year, view and pass the Safe Schools video regarding Sexual Harassment: Student Issues & Response.
Utah Admin. Rules R277-322-3(3)(k)(ii) (August 19, 2019)
Each staff member must, at the time of initial employment and at least every year thereafter, be trained on the requirements of this code of conduct Policy GBEB and must at the time of each training sign a statement acknowledging that the staff member has read and understands this code of conduct.
Utah Code § 63G-7-301(3)(b) (2023)
Utah Admin. Rules R277-322-3(5) (August 19, 2019)
Each staff member who is either an employee or a contractor must, once every three years, attend sexual abuse and human trafficking prevention training as provided for under Policy GBAA.
Utah Admin. Rules R277-322-3(3)(k)(iii) (August 19, 2019)
Utah Code § 53G-9-207(3) (2024)
Each staff member who holds a Utah educator or administrative license shall become and remain familiar with the professional standards set forth in Utah Administrative Rule R277-217.
This policy shall be posted on the District’s web site.
120 N Main
Huntington, UT 84528
ecsdcontact@emeryschools.org
(435) 687-9846