Utah Admin. Code 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.

Notes

Utah Admin. Code R277-213-4
Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016 Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020

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