The state board may direct UPPAC to review a complaint about an educator and recommend that the state board:
Terms Used In Utah Code 53E-6-506
Allegation: something that someone says happened.
Certificate: means a license issued by a governmental jurisdiction outside the state. See Utah Code 53E-6-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Educator: means :
(a)
a person who holds a license;
(b)
a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or
(c)
a person who is the subject of an allegation which has been received by the state board or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
License: means an authorization issued by the state board that permits the holder to serve in a professional capacity in the public schools. See Utah Code 53E-6-102
Oversight: Committee review of the activities of a Federal agency or program.
School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
UPPAC: means the Utah Professional Practices Advisory Commission. See Utah Code 53E-6-102
(a)
dismiss the complaint; or
(b)
investigate the complaint in accordance with this section.
(2)
(a)
The state board may direct UPPAC to:
(i)
in accordance with this section, investigate a complaint’s allegation or decision; or
(ii)
hold a hearing.
(b)
UPPAC may initiate a hearing as part of an investigation.
(c)
Upon completion of an investigation or hearing, UPPAC shall:
(i)
provide findings to the state board; and
(ii)
make a recommendation for state board action.
(d)
UPPAC may not make a recommendation described in Subsection (2)(c)(ii) to adversely affect an educator’s license unless UPPAC gives the educator an opportunity for a hearing.
(3)
(a)
The state board may:
(i)
select an independent investigator to conduct a UPPAC investigation with UPPAC oversight; or
(ii)
authorize UPPAC to select and oversee an independent investigator to conduct an investigation.
(b)
In conducting an investigation, UPPAC or an independent investigator shall conduct the investigation independent of and separate from a related criminal investigation.
(c)
In conducting an investigation, UPPAC or an independent investigator may:
(i)
in accordance with Section 53E-6-606 administer oaths and issue subpoenas; or
(ii)
receive evidence related to an alleged offense, including sealed or expunged records released to the state board under Section 77-40a-403.
(d)
If UPPAC finds that reasonable cause exists during an investigation, UPPAC may recommend that the state board initiate a background check on an educator as described in Section 53G-11-403.
(e)
UPPAC has a rebuttable presumption that an educator committed a sexual offense against a minor child if the educator voluntarily surrendered a license or certificate or allowed a license or certificate to lapse in the face of a charge of having committed a sexual offense against a minor child.
(4)
The state board may direct UPPAC to:
(a)
recommend to the state board procedures for:
(i)
receiving and processing complaints;
(ii)
investigating a complaint’s allegation or decision;
(iii)
conducting hearings; or
(iv)
reporting findings and making recommendations to the state board for state board action;
(b)
recommend to the state board or a professional organization of educators:
(i)
standards of professional performance, competence, and ethical conduct for educators; or
(ii)
suggestions for improvement of the education profession; or
(c)
fulfill other duties the state board finds appropriate.
(5)
UPPAC may not participate as a party in a dispute relating to negotiations between:
(a)
a school district and the school district’s educators; or
(b)
a charter school and the charter school’s educators.
(6)
The state board shall make rules establishing UPPAC duties and procedures.
