Section 31-236-26c - In the course of employment(a) In order for the Administrator to find deliberate misconduct, as defined in section 31-236-26a, or a knowing violation of an employer's rule or policy, as defined in section 31-236-26b, he must find that the act or omission occurred in the course of employment. In the course of employment means that the conduct must take place during working hours, at a place the employee may reasonably be, and while the employee is reasonably fulfilling the duties of his employment or otherwise performing any service for the employer's benefit.(b) Off-duty conduct may be considered to have occurred in the course of employment if it is committed by exploitation of the employment relationship.(1) Exploitation of the employment relationship may be found in cases where the individual engaged in off-duty conduct which was accomplished by knowledge or access acquired through the employment relationship. (A) Some examples of exploitation of the employment relationship include, but are not limited to, an individual who utilizes his knowledge of the location of his employer's cash register and the fact that a recently installed security system was not yet operational to burglarize the premises; and an individual who uses a company van after hours for his unauthorized personal use.(c) Off-duty misconduct may be considered to have occurred in the course of employment if it is committed by a public trust employee.(1) An individual may be found to be a public trust employee if:(A) his primary role and job function is to serve as a guardian of the public trust and safety;(B) his job effectiveness is expressly dependent upon the public's respect and confidence, both on and off-duty;(C) the individual has explicit written notice of the expected standard of off-duty conduct; and(D) the individual has agreed to the expected standard of off-duty conduct.(2) Public trust employees may include, but are not limited to, police officers, teachers, and correctional officers.Conn. Agencies Regs. § 31-236-26c
Adopted effective July 28, 1997