Utah Admin. Code 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.
Notes
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