Issue link: http://digital.copcomm.com/i/391693
BACK TO SCHOOL 2014 | wyoea.org 7 Take A New Look At Old Ways by the Hacker Law Firm Continued on p. 28 W e are continually looking at trends in the administration of school districts and community colleges that can adversely affect employees at these institutions. One pattern that we have noticed in recent years is employers suddenly coming forward and challenging (sometimes to the point of very serious discipline) employees for conduct which had been going on for some time and which the employees felt was known and accepted by their employer. When we've spoken to the affected employees about the details of their situations, we commonly hear things like: "This has been going on for years like this," "At one point in the past a former supervisor knew about it and said it was okay," or "That's just how I've always done this and no one has ever said anything." While it is generally an employer's responsibility to communicate clear expectations for job performance (including what conduct is not allowable), that does not mean that employees can't and shouldn't take inventory of their own conduct, especially in areas that might potentially be questioned by their employers. We call this "taking a new look at the old ways." Here are a couple of examples of what we mean: Use of employer property and resources: We have seen an increase in accusations of employees misusing employer resources for their own personal gain. In some places, it has been a past understanding by employees that it was okay to borrow tools, AV or other electronic equipment, or other resources from their employer if they are returned later. Some employees have a belief, often based on years of past observation, that taking unneeded or excess supplies, food, or other items home from school is allowable. Some employees feel that, since everyone seems to be doing it, then it is permissible to use school computers, email, printers, or other technology for personal uses. The reality is, however, that most employers have specific policies on the use of school resources, both tangible and intangible, by employees for personal reasons. Even if these policies do not seem to be well- enforced or have been traditionally ignored, that does not mean that an employer will not suddenly make an accusation of improper conduct against an employee. Sometimes those accusations even include turning an employee over to law enforcement for possible charges of theft. This includes situations even where the value of the property is very small or where no tangible harm to the employer's interests was done; many employers are concerned about just the perception of dishonesty that is created when an employee uses property in a way that could be perceived by students, employees, or the public as improper. As a preventative measure, every employee should become familiar with their district's policies and do their best to follow them, even if a particular use seems to be one that has traditionally not been objected to before by an employer. If employees have questions about whether a use is permitted or not, they should protect themselves by carefully asking in advance for written clarification/approval from a supervisor. If an employee feels that discussing a use with their employer might create a risk of possible discipline for their current or past actions, they should first contact their UniServ Director for guidance. Level of familiarity with students: Traditionally, the ability of education employees to connect with students has been valuable and important in the education process. In recent years, however, the technological methods of how employees can connect with students seem to have overtaken the traditional concept of how those connections are made. Facebook, Twitter, text messaging, email, image sharing, and cell phones have given everyone the benefits of easily and quickly sharing information with each other, including, sometimes,