R277-213-4. Rights of a Victim at a Reinstatement Hearing

  (1) If the allegations that gave rise to the underlying suspension involve abuse of a sexual or physical nature, UPPAC shall make reasonable efforts to notify the victim or the victim's family of the reinstatement request.

  (2) A UPPAC's notification described in Subsection (1) shall:

  (a) advise the victim or the victim's family that a reinstatement hearing has been scheduled;

  (b) notify the victim or the victim's family of the date, time, and location of the hearing;

  (c) advise the victim or the victim's family of the victim's right to be heard at the reinstatement hearing; and

  (d) provide the victim or the victim's family with a form upon which the victim can submit a statement for consideration by the hearing panel.

  (3) A victim entitled to notification of the reinstatement proceedings shall be permitted:

  (a) to attend the hearing; and

  (b) to offer the victim's position on the educator's reinstatement request, either by testifying in person or by submitting a written statement.

  (4) A victim choosing to testify at a reinstatement hearing shall be subject to reasonable cross examination in the hearing officer's discretion.

  (5) A victim choosing not to respond in writing or appear at the reinstatement hearing waives the victim's right to participate in the reinstatement process.