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 R277-211-3 - Review of Notification of Alleged Educator Misconduct
Universal Citation: UT Admin Code R 277-211-3
Current through Bulletin 2024-06, March 15, 2024
(1)
(a)
Upon receipt of a notification of alleged educator misconduct, the Executive
Secretary shall review the notification with UPPAC and recommend one of the
following actions to UPPAC:
(i) dismiss the
matter if the alleged misconduct does not involve an issue that UPPAC should
address; or
(ii) open a case if the
alleged misconduct involves an issue that may be appropriately addressed by
UPPAC and the Board.
(b)
In considering whether to open a case regarding an allegation of educator
misconduct, UPPAC shall consider the known facts and circumstances surrounding
the allegation to determine whether opening a case is warranted.
(c) UPPAC shall open a case most readily when
the evidence shows that:
(i) the alleged
misconduct involves the physical or emotional safety and well-being of a
student;
(ii) the alleged
misconduct had a highly visible impact on the educator's school
community;
(iii) the alleged
misconduct has the potential to damage the integrity of the education
profession;
(iv) the educator's LEA
recommends the Board investigate the matter; or
(v) the educator has received prior UPPAC
discipline.
(c) If UPPAC
votes to open a case, UPPAC shall also determine whether to:
(i) initiate an investigation; or
(ii) invite the educator to participate in an
expedited hearing as described in Section
R277-211-5.
(2)
(a) Before a UPPAC investigator's initiation
of an investigation, the Executive Secretary shall send an investigative letter
to the following:
(i) the educator to be
investigated;
(ii) the LEA that
employs the educator; and
(iii) the
LEA where the alleged activity occurred.
(b) The Executive Secretary shall place a
flag on the educator's CACTUS file after:
(i)
sending the educator an investigative letter; and
(ii) directing UPPAC staff to begin gathering
evidence relating to the allegations.
(c) The Executive Secretary may not place a
flag on an educator's CACTUS file if the educator agrees to an expedited
hearing under Section
R277-211-5 unless the expedited
hearing panel recommends a full investigation.
(3)
(a) The
investigator shall review relevant documentation and interview individuals who
may have knowledge of the allegations.
(b) The investigator shall prepare an
objective and independent investigative report of the findings of the
investigation and a recommendation supported by the evidence and Rule
R277-215.
(c) If the investigator
discovers additional evidence of unprofessional conduct beyond the original
allegations, the investigator may include the additional evidence of misconduct
in the investigative report provided that the educator has had the opportunity
to respond to the additional evidence.
(d) The investigator shall submit the
investigative report to the Executive Secretary.
(e) The Executive Secretary shall add the
investigative report described in Subsection (3)(d) to a UPPAC meeting
agenda.
(f) The investigative
report described in Subsection (3)(d) shall become part of the UPPAC case
file.
(4) UPPAC shall review the investigative report and take one of the following actions:
(a) Recommend that the Board clear the CACTUS
flag and take no action; or
(b)
make an initial recommendation consistent with the evidence and Rule
R277-215.
(5) After receiving an initial recommendation from UPPAC for action, the Executive Secretary shall:
(a) prepare and serve a
complaint; or
(b) negotiate and
prepare a proposed consent to discipline.
(6) Upon request of an educator, UPPAC will provide a copy of the UPPAC case file and evidence file to the educator.
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