(1) At any time after UPPAC has made an
initial recommendation, a respondent may accept UPPAC's initial recommendation,
rather than request a hearing, by entering into a proposed consent to
discipline.
(2) By entering into a
proposed consent to discipline, a respondent waives the respondent's right to a
hearing to contest the recommended disposition, contingent on final approval by
the Board.
(3) At a minimum, a
proposed consent to discipline shall include:
(a) a summary of the facts, the allegations,
the presumption described in Rule R277-215, mitigating or aggravating factors
described in Rule R277-215, and the evidence relied upon by UPPAC in its
recommendation;
(b) a statement
that the respondent admits or does not contest the facts recited in the
proposed consent to discipline as true for purposes of the Board administrative
action;
(c) a statement that the
respondent:
(i) waives the respondent's right
to a hearing to contest the allegations that gave rise to the investigation;
and
(ii) agrees to the proposed
action rather than contest the allegations;
(d) a statement that the respondent agrees to
the terms of the proposed consent to discipline and other provisions applicable
to the case, such as remediation, assessment and recommended counseling,
restitution, rehabilitation, and other conditions, if an y, under which the
respondent may request a reinstatement hearing or a removal of the
reprimand;
(e) a statement that the
action and the proposed consent to discipline shall be reported to other states
through the NASDTEC Educator Information Clearinghouse;
(f) a statement that respondent waives the
respondent's right to contest the facts stated in the proposed consent to
discipline at a subsequent reinstatement hearing, if any;
(g) a statement that all records related to
the proposed consent to discipline shall remain permanently in the UPPAC case
file;
(h) a statement reflecting
the classification of the proposed consent to discipline under Title 63G,
Chapter 2, Government Records Access and Management Act;
(i) a statement that information regarding
the proposed reprimand, suspension, or revocation may be included in an online
licensing database that is available for public access in accordance with Rule
R277-312.
(j) a statement that a
violation of the terms of an approved consent to discipline may result in
additional disciplinary action and may affect the reinstatement process;
and
(k) a statement that the
educator understands that the Board is not bound by UPPAC's recommendation or
the negotiated proposed consent to discipline unless the Board approves the
proposed consent to discipline;
(l)
if for a suspension of the educator's license:
(i) specific conditions that an educator must
satisfy before requesting a reinstatement hearing; and
(ii) a minimum time period that must elapse
before the educator may request a reinstatement hearing;
(m) if for suspension or revocation of a
license, a statement that the respondent may not work or volunteer in a public
school in accordance with Subsection
53E-6-603(3);
and
(n) if for suspension or
revocation of a license, a statement that any attempt to represent to any other
state a valid Utah license shall result in further licensing action in
Utah.
(4)
(a) The Executive Secretary shall forward a
proposed consent to discipline to the Board for approval.
(b) If the Board does not approve a proposed
consent to discipline, the Board may:
(i)
(A) remand the case to UPPAC and shall
include issues or questions that need to be addressed;
(B) offer respondent the opportunity for a
hearing; or
(C) provide alternative
terms and disposition to the Executive Secretary, consistent with the available
evidence and presumptions described in Rule R277-215, that would be
satisfactory to the Board to be submitted to the educator for
consideration;
(ii)
direct the Executive Secretary to issue a letter of education or letter of
warning or dismiss the matter; or
(iii) take other appropriate action
consistent with due process and Rule R277-215.
(5) If the respondent accepts a consent to
discipline with alternative terms and disposition proposed by the Board, the
consent to discipline, as modified, is a final Board administrative action
without further Board consideration.
(6) If the terms approved by the Board are
rejected by the respondent, the proceedings shall continue from the point under
these procedures at which the agreement was negotiated, as if the consent to
discipline had not been submitted.
(7) If the Board remands to UPPAC to provide
respondent the opportunity for a hearing under Subsection (4)(b)(i)(B), the
Executive Secretary shall:
(a) notify the
parties of the decision;
(b) direct
a UPPAC attorney to issue a complaint; and
(c) direct the proceedings as if the proposed
consent to discipline had not been submitted.
(8) If the Board approves a proposed consent
to discipline, the approval is a final Board administrative action and the
Executive Secretary shall:
(a) notify the
parties of the decision;
(b) update
CACTUS to reflect the action;
(c)
report the action to the NASDTEC Educator Information Clearinghouse if the
agreement results in:
(i) a revocation;
(ii) a suspension; or
(iii) a reprimand;
(d) direct the appropriate penalties to
begin; and
(e) notify the LEAs
throughout the state.
