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 recommend one of the following to UPPAC:

  (i) dismiss the matter if UPPAC determines that alleged misconduct does not involve an issue that UPPAC should address; or

  (ii) initiate an investigation if UPPAC determines that the alleged misconduct involves an issue that may be appropriately addressed by UPPAC and the Board.

  (b) If the Executive Secretary recommends UPPAC initiate an investigation:

  (i) UPPAC shall initiate an investigation; and

  (ii) the Executive Secretary shall direct a UPPAC investigator to gather evidence relating to the allegations.

  (2)(a) Prior to a UPPAC investigator's initiation of an investigation, the Executive Secretary shall send a letter to the following with information that UPPAC has initiated an investigation:

  (i) the educator to be investigated;

  (ii) the LEA that employs the educator; and

  (iii) the LEA where the alleged activity occurred.

  (b) A letter described in Subsection(2)(a) shall inform the educator and the LEA that an investigation shall take place and is not evidence of unprofessional conduct.

  (c) UPPAC shall place a flag on the educator's CACTUS file after sending the notices as provided in this rule.

  (3)(a) The investigator shall review relevant documentation and interview individuals who may have knowledge of the allegations.

  (b) The investigator shall prepare an investigative report of the findings of the investigation and a recommendation for appropriate action or disciplinary letter.

  (c) If the investigator discovers additional evidence of unprofessional conduct that could have been included in the original notification of alleged educator misconduct, the investigator may include the additional evidence of misconduct in the investigative report.

  (d) The investigator shall submit the investigative report to the Executive Secretary.

  (e) The Executive Secretary shall review the investigative report described in Subsection(3)(d) with UPPAC.

  (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) UPPAC determines no further action should be taken, UPPAC may recommend that the Board dismiss the case; or

  (b) UPPAC may make an initial recommendation of appropriate action or disciplinary letter.

  (5) After receiving an initial recommendation from UPPAC for action, the Executive Secretary shall direct a UPPAC attorney to:

  (a) prepare and serve a complaint; or

  (b) negotiate and prepare a proposed stipulated agreement.

  (6)(a) Upon request of an educator, UPPAC will provide an electronic or paper copy of the UPPAC case file and evidence file to the educator.

  (b) UPPAC may charge fees in accordance with R277-103-5 if the educator requests a paper copy.

  (7)(a) A proposed stipulated agreement shall conform to the requirements set forth in Section R277-211-6.

  (b) An educator may stipulate to any recommended disposition for an action.

  (8) The Executive Secretary shall forward any proposed stipulated agreement to the Board for approval.