Section R277-211-3 - Review of Notification of Alleged Educator Misconduct(1)(a) Upon receipt of a notification of alleged educator misconduct, the Executive Secretary shall review the notification with UPPAC and recommend one of the following actions to UPPAC:(i) dismiss the matter if the alleged misconduct does not involve an issue that UPPAC should address; or(ii) open a case if the alleged misconduct involves an issue that may be appropriately addressed by UPPAC and the Board.(b) In considering whether to open a case regarding an allegation of educator misconduct, UPPAC shall consider the known facts and circumstances surrounding the allegation to determine whether opening a case is warranted.(c) UPPAC shall open a case most readily when the evidence shows that:(i) the alleged misconduct involves the physical or emotional safety and well-being of a student;(ii) the alleged misconduct had a highly visible impact on the educator's school community;(iii) the alleged misconduct has the potential to damage the integrity of the education profession;(iv) the educator's LEA recommends the Board investigate the matter; or(v) the educator has received prior UPPAC discipline.(c) If UPPAC votes to open a case, UPPAC shall also determine whether to: (i) initiate an investigation; or(ii) invite the educator to participate in an expedited hearing as described in Section R277-211-5.(2)(a) Before a UPPAC investigator's initiation of an investigation, the Executive Secretary shall send an investigative letter to the following:(i) the educator to be investigated;(ii) the LEA that employs the educator; and(iii) the LEA where the alleged activity occurred.(b) The Executive Secretary shall place a flag on the educator's CACTUS file after:(i) sending the educator an investigative letter; and(ii) directing UPPAC staff to begin gathering evidence relating to the allegations.(c) The Executive Secretary may not place a flag on an educator's CACTUS file if the educator agrees to an expedited hearing under Section R277-211-5 unless the expedited hearing panel recommends a full investigation.(3)(a) The investigator shall review relevant documentation and interview individuals who may have knowledge of the allegations.(b) The investigator shall prepare an objective and independent investigative report of the findings of the investigation and a recommendation supported by the evidence and Rule R277-215.(c) If the investigator discovers additional evidence of unprofessional conduct beyond the original allegations, the investigator may include the additional evidence of misconduct in the investigative report provided that the educator has had the opportunity to respond to the additional evidence.(d) The investigator shall submit the investigative report to the Executive Secretary.(e) The Executive Secretary shall add the investigative report described in Subsection (3)(d) to a UPPAC meeting agenda.(f) The investigative report described in Subsection (3)(d) shall become part of the UPPAC case file.(4) UPPAC shall review the investigative report and take one of the following actions: (a) Recommend that the Board clear the CACTUS flag and take no action; or(b) make an initial recommendation consistent with the evidence and Rule R277-215.(5) After receiving an initial recommendation from UPPAC for action, the Executive Secretary shall:(a) prepare and serve a complaint; or(b) negotiate and prepare a proposed consent to discipline.(6) Upon request of an educator, UPPAC will provide a copy of the UPPAC case file and evidence file to the educator.Utah Admin. Code R277-211-3
Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024