Utah Administrative Code (Current through November 1, 2019) |
R277. Education, Administration |
R277-211. Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions |
R277-211-4. Expedited Hearings
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(1) In a case involving the report of an arrest, citation, or charge of a licensed educator, which requires self-reporting by the educator under Section R277-516-3, 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 30 days of a report of an arrest, citation, or charge, unless otherwise agreed upon by both parties.
(b) The Executive Secretary or the Executive Secretary's designee shall conduct an expedited hearing with the following additional invited participants:
(i) the educator;
(ii) the educator's attorney or representative;
(iii) a UPPAC attorney;
(iv) a voting member of UPPAC; and
(v) a representative of the educator's LEA.
(3) The panel may consider the following matters at an expedited hearing:
(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 the educator if the panel 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 to do one of the following:
(a) close the case;
(b) close the case upon completion of court requirements;
(c) recommend issuance of a disciplinary letter to the Board;
(d) open a full investigation; or
(e) recommend action by the Board, subject to an educator's due process rights under these rules.
(5) An expedited hearing may be recorded, but the testimony from the expedited hearing is inadmissible during a future UPPAC action related to the allegation.
(6) If the Board fails to adopt the recommendation of an expedited hearing panel, UPPAC shall open a full investigation.