R277-517-3. UPPAC Disciplinary Actions.

A. UPPAC is an advisory body to the Board.

B. Unlike Board action, a UPPAC action does not affect the validity of a Utah educator license.

C. UPPAC may issue the following disciplinary actions:

(1) Letter of admonishment:

(a) sent directly to the educator;

(b) cautioning the educator to avoid or take specific actions in the future;

(c) does not show as a notation on CACTUS;

(d) is maintained permanently in educator's paper licensing file.

(2) Letter of warning:

(a) sent directly to the educator;

(b) warns the educator that specific behavior or conduct was inappropriate or unethical and directs the educator to avoid or take specific actions in the future;

(c) does not show as a notation on CACTUS;

(d) is maintained permanently in educator's paper licensing file;

(e) notice sent by UPPAC to employer or former employer that investigation was closed with a letter of warning.

(3) Letter of reprimand:

(a) sent to educator and to educator's employer or former employer, if the employer is a public or private school;

(b) strongly reprimands the educator that specific behavior or conduct was unethical or unacceptable among professional educators and directing the educator to avoid or take specific action in the future;

(c) shows as a notation on educator's CACTUS file which directs those with CACTUS access to contact USOE for further information;

(d) often, but not always, includes a period of probation during which educator must meet specific conditions;

(e) remains as a notation on educator's CACTUS file for at least two years from the date of UPPAC action unless a different time period is identified by the reprimand letter or in the stipulated agreement for the letter;

(f) is maintained permanently in educator's paper licensing file.

(g) may be removed from educator's active CACTUS file, upon educator's request, following designated time period and satisfaction of conditions by educator. UPPAC shall review the request, review educator's file and subsequent actions and may require educator to meet with UPPAC prior to granting the request;

(4) probation:

(a) usually, but not always, accompanies a warning or reprimand letter and

(b) designates time period and conditions that educator receiving other UPPAC discipline may be asked to satisfy prior to lifting of the probation or to avoid further UPPAC discipline;

(c) shows as a notation on an educator's CACTUS file and directs those with CACTUS access to contact USOE for further information.

(d) remains on educator's CACTUS file for at least 2 years from the date of UPPAC action unless a different time period is designated;

(e) may be lifted upon educator's request following designated time period and satisfaction of all conditions; UPPAC shall review the request, review educator's file and subsequent action and may require educator to meet with UPPAC prior to granting the request;

(5) other disciplinary action or letter that is appropriate and reasonable to address or remediate educator misconduct, or both, that is not suspension or revocation.

D. UPPAC shall make written recommendations to the Board for disciplinary actions that affect educator licenses including suspension, revocation and reinstatement.

E. UPPAC action is a final administrative action for those disciplinary actions found in R277-517-3C, and the existence of such action is public information under Section 63G-2-201(2)(c). The substance of disciplinary letters is protected under Section 63G-2-305(25), (33) and (34).

F. UPPAC shall send notice of final UPPAC action to an educator no more than 30 days following a final UPPAC action.

G. UPPAC shall not provide information to the public about UPPAC actions until they have been reviewed or acted upon or both by the Board.