Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-211 - Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions
Section R277-211-2 - Initiating Proceedings Against Educators
Universal Citation: UT Admin Code R 277-211-2
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) The
Executive Secretary shall refer a case to UPPAC to make a determination if an
investigation should be opened regarding an educator upon receiving a
notification of alleged educator misconduct implicating a violation of the Rule
R277-217, Educator Standards or Utah law.
(b) The Executive Secretary may refer a case
to UPPAC upon the Executive Secretary's own initiative.
(2) If an informant seeks to report information to UPPAC concerning alleged educator misconduct, the informant shall submit an allegation of misconduct to the Executive Secretary in writing, including the following:
(a) the informant's:
(i) name;
(ii) position, such as administrator,
teacher, parent, or student;
(iii)
telephone number;
(iv) address;
and
(v) contact
information;
(b)
information about the educator against whom the allegation is made:
(i) name;
(ii) position, such as administrator,
teacher, candidate; and
(iii) if
known, the address and telephone number; and
(c) the facts on which the allegation is
based and supporting information.
(3) If an informant submits a written allegation of misconduct as provided in this rule, the Executive Secretary shall notify the informant of a final action taken by the Board regarding the allegation.
(4)
(a) Proceedings initiated upon the Executive
Secretary's own initiative may be based on information received through a
telephone call, letter, newspaper article, media information, notice from
another state, or by other means.
(b) The Executive Secretary may also
recommend an investigation based on an anonymous allegation, notwithstanding
the provisions of this rule, if the allegation bears sufficient indicia of
reliability.
(5)
(a) The USBE Internal Audit Department shall
refer to UPPAC and the LEA any complaint against an educator that would violate
Rule R277-217, Educator Standards, or Utah law.
(b) The Executive Secretary shall consult
with the educator's LEA and request any relevant evidence from an educator's
LEA concerning a complaint referred under Subsection (5)(a).
(6) The Executive Secretary shall permanently maintain all written allegations, subsequent dismissals, actions, or disciplinary letters related to a case against an educator in the UPPAC case file.
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