Utah Admin. Code 277-211-4

Current through Bulletin No. 2024-21, November 1, 2024

Section R277-211-4 - Expedited Hearings on Criminal Charges in lieu of Initial UPPAC Review

(1) In a case involving the first report of an arrest, citation, or charge of an educator, which requires self-reporting by the educator under Section R277-217-4 the Executive Secretary, with the consent of the educator, may schedule the matter for an expedited hearing in lieu of initially referring the matter to UPPAC.

(2)

(a) The Executive Secretary shall hold an expedited hearing within 60 days of a report of an arrest, citation, or charge, unless otherwise agreed upon by both parties.

(b) An expedited hearing panel shall conduct an expedited hearing on a criminal charge and include the following additional invited participants:

(i) the educator;

(ii) the educator's attorney or representative;

(iii) a UPPAC attorney; and

(iv) a representative of the educator's LEA.

(3) The panel may consider the following matters at an expedited hearing on a criminal charge:

(a) an educator's oral or written explanation of the events;

(b) a police report;

(c) a court docket or transcript;

(d) an LEA's investigative report or employment file; and

(e) additional information offered by a participant in the expedited hearing if the Executive Secretary deems it probative of the issues at the expedited hearing.

(4) After reviewing the evidence described in Subsection (3), the expedited hearing panel shall make written findings and a recommendation to UPPAC consistent with the evidence and Rule R277-215 to do one of the following:

(a) close the case;

(b) close the case upon completion of court requirements;

(c) recommend that the Board issue a letter of education or letter of warning;

(d) open a full investigation; or

(e) recommend action by the Board, subject to an educator's due process rights under Rule 277-210 through Rule R277-217.

(5) An expedited hearing on a criminal charge may be recorded, but the testimony from the expedited hearing is inadmissible during a future UPPAC action related to the allegation unless the educator stipulates to admitting the recording.

(6) If the Board fails to adopt UPPAC's recommendation, UPPAC may open a full investigation or issue a complaint.

(7) An expedited hearing panel may proceed under this section with only two voting panel members with the stipulation of the educator.

Utah Admin. Code R277-211-4

Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016

Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020

Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024