Utah Admin. Code R277-211-5 - Expedited Hearings on Minor Violations of the Educator Standards
(1) Upon review of an allegation of educator
misconduct, UPPAC may recommend conducting an expedited hearing if:
(a) the material evidence provided by the
informant does not appear to be disputed;
(b) the allegations, if true, implicate the
presumption for a letter of education or letter of warning under Subsection
R277-215-2(9);
and
(c) the educator consents to
participate.
(2) If an
educator elects not to participate in an expedited hearing after UPPAC opens a
case, the Executive Secretary shall initiate an investigation into the
allegations of misconduct with no prejudice to the educator for not
participating in the expedited hearing.
(3) At an expedited hearing under this
section, an expedited hearing panel shall conduct the hearing and include the
following invited individuals:
(a) the
educator;
(b) the educator's
attorney or representative;
(c) a
UPPAC attorney; and
(d) an
administrator from the educator's school or LEA.
(4) At an expedited hearing under this
section, the panel may consider:
(a) an
educator's oral or written explanation of the events;
(b) an LEA's investigative report or
employment file, including witness statements; and
(c) additional information proffered by a
participant in the expedited hearing if the Executive Secretary deems it
probative of the issues at the expedited hearing.
(5) After reviewing the evidence described in
Subsection (4), the expedited hearing panel shall make written findings and a
recommendation 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
recommended training or other educator requirements;
(c) issue a letter of education or letter of
warning; or
(d) open a full
investigation.
(6) If an
expedited hearing panel recommends a full investigation be opened, the
Executive Secretary shall follow the requirements set forth in Subsection
R277-211-3(2).
(7) An expedited hearing under this section
may be recorded.
(8) Testimony
offered at an expedited hearing may be considered in a subsequent report to
UPPAC or hearing.
(9) 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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