Current through Bulletin 2024-06, March 15, 2024
(1)
UPPAC and the Board shall consider the rebuttable presumptions in this section
when evaluating a case of educator misconduct.
(2) Revocation is presumed appropriate if an
educator:
(a) is subject to mandatory
revocation under Subsection
53E-6-604(5)(b);
(b) is convicted of, admits to, or is found
pursuant to an evidentiary hearing to have engaged in viewing or distributing
child pornography, whether real or simulated, on or off school
property;
(c) is convicted of an
offense that requires the educator to register as a sex offender under
Subsection
77-41-105(3);
(d) intentionally provides alcohol or illegal
drugs to a minor;
(e) is convicted
of a violation of:
(i) Section
76-5-202;
(ii) Section
76-5-203;
(iii) Section
76-5-205;
or
(iv) Section
76-5-208.
(3)
(a) Suspension of ten years or more is
presumed appropriate if an educator is convicted of any felony not specified in
Subsection (2).
(b) An educator who
is suspended based on a felony conviction under Subsection (3)(a) may apply for
a reinstatement hearing early if the educator's felony:
(i) is expunged; or
(ii) is reduced pursuant to Section
76-3-402.
(4) Suspension of three years or more is
presumed appropriate if an educator:
(a)
engages in a boundary violation that is sexual in nature that is not sexually
explicit conduct;
(b) is convicted
of using physical force with a minor if the conduct results in a conviction of
a class A misdemeanor;
(c) is
convicted of an offense that results in the educator being placed on court
supervision for three or more years;
(d) is convicted of theft or intentional
misappropriation of public funds; or
(e) intentionally misappropriates public
funds or property in an amount of $500 or more.
(5) Suspension of one to three years is
presumed appropriate, if an educator:
(a)
willfully or knowingly creates, views, or gains access to sexually
inappropriate material on school property or using school equipment;
(b) is convicted of one or more class A
misdemeanor violence offenses under Title 76, Chapter 5, Offenses Against the
Person, or a comparable statute from a jurisdiction outside of Utah;
(c) is convicted of two or more misdemeanor
violence offenses under Title 76, Chapter 5, Offenses Against the Person, or a
comparable statute from a jurisdiction outside of Utah, in the last three
years;
(d) is convicted of using
physical force with a minor if:
(i) the
conviction is a class B misdemeanor or lower; and
(ii) the minor is a student in the educator's
school;
(e) engages in
repeated incidents of or a single egregious incident of excessive physical
force or discipline to a student that does not meet the circumstances described
in Subsection
53G-8-302(2);
(f) bullies or threatens a student
physically, verbally, or electronically;
(g) engages in a pattern of boundary
violations with a student under a circumstance not described in Subsection
(4)(a);
(h) engages in multiple
incidents or a pattern of theft or misappropriation of public funds that does
not result in a criminal conviction;
(i) attends a school or school-related
activity in an assigned employment-related capacity while possessing, using, or
under the influence of alcohol or illegal drugs;
(j) is convicted of two drug-related offenses
or alcohol-related offenses in the three years previous to the most recent
conviction;
(k) engages in a
pattern of or a single egregious incident of:
(i) harassing;
(ii) bullying; or
(iii) threatening a co-worker or community
member; or
(l) knowingly
and deliberately falsifies or misrepresents information on an education-related
document.
(6) A
suspension of up to one year is presumed appropriate if an educator:
(a)
(i)
engages in inappropriate conduct that warrants lesser discipline; and
(ii) has previously received two or more
disciplinary letters or actions from UPPAC, including a letter of admonishment,
education or warning, related to similar incidents of inappropriate
conduct;
(b) fails to
report to appropriate authorities suspected child or sexual abuse; or
(c) knowingly teaches, counsels, or assists a
minor student in a manner that disregards a legal, written directive, such as a
court order or an approved college and career ready plan.
(7) A reprimand is presumed appropriate if an
educator:
(a) engages in conduct described in
Subsection (8) that is more egregious or repetitive than the conduct described
in Subsection (8); or
(b)
(i) engages in reportable inappropriate
conduct that warrants lesser discipline; and
(ii) within the previous ten years, has
received two or more written disciplinary actions from the same LEA for similar
inappropriate conduct related to a violation of Board rule or LEA
policy.
(8) A
letter of warning is presumed appropriate if an educator:
(a) engages in a miscellaneous minimal
boundary violation with a student or minor, whether physical, electronic, or
verbal;
(b) engages in minimal
inappropriate physical contact with a student;
(c) engages in unprofessional communications
or conduct with a student, co-worker, community member, or parent;
(d) engages in an inappropriate discussion
with a student that violates state or federal law;
(e) knowingly violates a requirement or
procedure for special education needs;
(f) knowingly violates a standardized testing
protocol;
(g) is convicted of one
of the following with or without court probation:
(i) a single driving under the influence of
alcohol or drugs offense under Section
41-6a-502;
(ii) impaired driving under Section
41-6a-502.5; or
(iii) a charge that
contains identical or substantially similar elements to the state's driving
under the influence of alcohol or drugs law or under the law of another state
or territory;
(h)
carelessly mismanages public funds or fails to accurately account for receipt
and expenditure of public funds entrusted to the educator's care;
(i) fails to make a report required by Rule
R277-217;
(j) except for a class C
misdemeanor under Title 41, Motor Vehicles, is convicted of one or two
misdemeanor offenses not otherwise listed;
(k) engages in an activity that constitutes a
conflict of interest;
(l)
(i) is convicted of using physical force with
a minor if the conduct results in a conviction of a class B misdemeanor or
lower; and
(ii) the inappropriate
conduct does not involve a student at the educator's school; or
(m) engages in other minor
violations of the Utah Educator Standards in Rule R277-217.
(9) A letter of education is
presumed appropriate if the evidence does not show a violation of the educator
standards in Rule R277-217, but the evidence may show conduct that could lead
to a violation of the standards in the future.