Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-215 - Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions
Section R277-215-3 - Aggravating and Mitigating Circumstances
Universal Citation: UT Admin Code R 277-215-3
Current through Bulletin 2024-06, March 15, 2024
(1) In the course of evaluating a presumption described in this rule, UPPAC or the Board may consider deviating from the presumptions if:
(a) the presumption does not
involve a revocation mandated by statute; and
(b) relevant aggravating or mitigating
factors exist.
(2) An aggravating factor may include evidence of the following:
(a) the educator has engaged in prior
misconduct;
(b) the educator
presents a serious threat to a student;
(c) the educator's misconduct directly
involved a student;
(d) the
educator's misconduct involved a particularly vulnerable student;
(e) the educator's misconduct resulted in
physical or psychological harm to a student;
(f) the educator violated multiple standards
of professional conduct;
(g) the
educator's attitude exhibits indifference, flippancy, disregard, or defiance
towards the allegations or the consequences;
(h) the educator's misconduct continued after
investigation by the LEA or UPPAC;
(i) the educator holds a position of
heightened authority as an administrator;
(j) the educator's misconduct had a
significant impact on the LEA or the community;
(k) the educator's misconduct was witnessed
by a student;
(l) the educator was
not honest or cooperative in the course of UPPAC's investigation;
(m) the educator was convicted of crime as a
result of the misconduct;
(n) any
other factor that, in the view of UPPAC or the Board, warrants a more serious
consequence for the educator's misconduct; and
(o) the educator is on criminal probation or
parole; or
(p) the Executive
Secretary has issued an order of default on the educator's case as described in
Rules R277-211 or R277-212.
(3) A mitigating factor may include evidence of the following:
(a) the educator's
misconduct was the result of strong provocation;
(b) the educator was young and new to the
profession;
(c) the educator's
attitude reflects recognition of the nature and consequences of the misconduct
and demonstrates a reasonable expectation that the educator will not repeat the
misconduct;
(d) the educator's
attitude suggests amenability to supervision and training;
(e) the educator has little or no prior
disciplinary history;
(f) since the
misconduct, the educator has an extended period of misconduct-free classroom
time;
(g) the educator was a less
active participant in a larger offense;
(h) the educator's misconduct was directed or
approved, whether implicitly or explicitly, by a supervisor or person in
authority over the educator;
(i)
the educator has voluntarily sought treatment, counseling or training specific
to the misconduct;
(j) the educator
has made a timely, good faith effort to make restitution or rectify the
consequences of the educator's misconduct;
(k) there was insufficient training or other
policies that might have prevented the misconduct;
(l) there are substantial grounds to
partially excuse or justify the educator's behavior though failing to fully
excuse the violation;
(m) the
educator self-reported the misconduct;
(n) the educator received a plea in abeyance
from the court for criminal charges stemming from the alleged
misconduct;
(o) any other factor
that, in the view of UPPAC or the Board, warrants a less serious consequence
for the educator's misconduct.
(4)
(a)
UPPAC and the Board have sole discretion to determine the weight they give to
an aggravating or mitigating factor.
(b) The weight UPPAC or the Board give an
aggravating or mitigating factor may vary in each case and any one aggravating
or mitigating factor may outweigh some or all other aggravating or mitigating
factors.
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