53E-6-604. State board disciplinary action against an educator.
(1)
Terms Used In Utah Code 53E-6-604
Allegation: something that someone says happened.
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.
hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:
(1)
appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and
(2)
obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601
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
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
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)
The state board shall direct UPPAC to investigate an allegation, administrative decision, or judicial decision that evidences an educator is unfit for duty because the educator exhibited behavior that:
(i)
is immoral, unprofessional, or incompetent; or
(ii)
violates standards of ethical conduct, performance, or professional competence.
(b)
If the state board determines an allegation or decision described in Subsection (1)(a) does not evidence an educator’s unfitness for duty, the state board may dismiss the allegation or decision without an investigation or hearing.
(2)
The state board shall direct UPPAC to investigate and allow an educator to respond in a UPPAC hearing if the state board receives an allegation that the educator:
(a)
was charged with a felony of a sexual nature;
(b)
was convicted of a felony of a sexual nature;
(c)
pled guilty to a felony of a sexual nature;
(d)
entered a plea of no contest to a felony of a sexual nature;
(e)
entered a plea in abeyance to a felony of a sexual nature;
(f)
was convicted of a sexual offense under 4, against a minor child;
(g)
engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor; or
(h)
engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who:
(i)
is not enrolled in an adult education program in an LEA;
(ii)
is not a minor; and
(iii)
(A)
is enrolled in an LEA where the educator is employed; or
(B)
is a participant in an extracurricular program in which the educator is involved.
(3)
Upon notice that an educator allegedly violated Section 53E-6-701, the state board shall direct UPPAC to:
(a)
investigate the alleged violation; and
(b)
hold a hearing to allow the educator to respond to the allegation.
(4)
Upon completion of an investigation or hearing described in this section, UPPAC shall:
(a)
provide findings to the state board; and
(b)
make a recommendation for state board action.
(5)
(a)
Except as provided in Subsection (5)(b), upon review of UPPAC’s findings and recommendation, the state board may:
(i)
revoke the educator’s license;
(ii)
suspend the educator’s license;
(iii)
restrict or prohibit the educator from renewing the educator’s license;
(iv)
warn or reprimand the educator;
(v)
enter into a written agreement with the educator that requires the educator to comply with certain conditions;
(vi)
direct UPPAC to further investigate or gather information; or
(vii)
take other action the state board finds to be appropriate for and consistent with the educator’s behavior.
(b)
Upon review of UPPAC’s findings and recommendation, the state board shall revoke the license of an educator who:
(i)
was convicted of a felony of a sexual nature;
(ii)
pled guilty to a felony of a sexual nature;
(iii)
entered a plea of no contest to a felony of a sexual nature;
(iv)
entered a plea in abeyance to a felony of a sexual nature;
(v)
was convicted of a sexual offense under 4, against a minor child;
(vi)
engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor;
(vii)
engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who:
(A)
is not enrolled in an adult education program in an LEA;
(B)
is not a minor; and
(C)
is enrolled in an LEA where the educator is employed or is a participant in an extracurricular program in which the educator is involved; or
(viii)
admits to the state board or UPPAC that the applicant committed conduct that amounts to:
(A)
a felony of a sexual nature; or
(B)
a sexual offense or sexually explicit conduct described in Subsection (5)(b)(v), (vi), or (vii).
(c)
The state board may not reinstate a revoked license.
(d)
Before the state board takes adverse action against an educator under this section, the state board shall ensure that the educator had an opportunity for a UPPAC hearing.
