Utah Admin. Code R277-217-2 - Prohibited Conduct by an Educator

An educator may not:

(1) be convicted of a felony;

(2) be convicted of a misdemeanor offense that:

(a) adversely affects the educator's ability to perform an assigned duty and carry out the educator's responsibilities; or

(b) adversely affects the well being of students;

(3) be convicted of, or engage in conduct of a sexual nature described in Subsection 53E-6-603(2);

(4) participate in sexual, physical, or emotional harassment towards any colleague or public school-age student;

(5) engage in:

(a) a single egregious instance or pattern of inappropriate contact in any communication, including written, verbal, or electronic, with a minor, student, colleague, or member of the community; or

(b) a single egregious instance or pattern of boundary violations with a student;

(6) solicit, encourage, or consummate an inappropriate relationship, whether written, verbal, or physical, with a student or minor;

(7) accept an inappropriate gift from, or give an inappropriate gift to, a student;

(8) be convicted of or commit a criminal offense involving a child, including physical abuse, cruelty, or exploitation of child;

(9) use corporal punishment, excessive physical force, or inappropriate physical restraint, except as provided in Section 53G-8-302;

(10) provide alcohol or unauthorized drugs to a student or allow a student under the educator's supervision or control to consume or obtain alcohol or unauthorized drugs;

(11) attend school or a school-related activity in an assigned employment-related capacity while possessing, using, or under the influence of alcohol or an illegal drug;

(12) attend school or a school-related activity in an assigned employment-related capacity after intentionally exceeding the prescribed dosage of a prescription medication that may impair the educator;

(13) possess or distribute an illegal drug or be convicted of any crime related to an illegal drug, including a prescription drug not specifically prescribed to the educator;

(14) be convicted of an alcohol-related offense;

(15) use or attempt to use an LEA computer or information system to access information that may be detrimental to young people or inconsistent with the educator's role model responsibility;

(16) knowingly possess, while at school or any school-related activity, any pornographic or indecent material in any form;

(17) use school equipment to intentionally view, create, distribute, or store pornographic or indecent material in any form;

(18) knowingly use, view, create, distribute, or store pornographic or indecent material involving children;

(19) expose students to sensitive materials:

(a) as defined in Section 53G-10-103; and

(b) as determined by the educator's LEA.

(20) violate state laws regarding the possession of a firearm while on school property or at a school-sponsored activity;

(21) knowingly allow a student to violate an LEA policy or law concerning possession or access to a weapon;

(22) interfere with or discourage a student's or colleague's legitimate exercise of constitutional, legal, or civil rights, acting consistent with the law and an LEA's policy;

(23) discriminate against, harass, exclude a student from participating in any program, deny or grant any benefit to a student, or encourage a student to develop a prejudice on the basis of:

(a) race;

(b) color;

(c) creed;

(d) sex;

(e) national origin;

(f) marital status;

(g) political or religious belief;

(h) physical or mental condition;

(i) family, social, or cultural background;

(j) sexual orientation; or

(k) gender identification;

(24) invite, suggest, or encourage a student to reconsider or change the student's sexual orientation or gender identity;

(25) use the educator's position, through instruction, materials, or symbols, to actively endorse, promote, or disparage a particular partisan, religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint, in a manner inconsistent with the policy of the educator's LEA;

(26) knowingly or intentionally permit unauthorized collection, sharing, or use of student data;

(27) knowingly violate student confidentiality unless revealing confidential information to an authorized person serves the best interest of the student and serves a lawful purpose;

(28) violate:

(i) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;

(ii) Title 53E, Chapter 9, Student Privacy and Data Protection;

(iii) Rule R277-107, Educational Services Outside of an Educator's Regular Employment;

(iv) Section R277-120-5, Classroom Materials Developed by Utah Educators; or

(v) Sections 53G-10-401 through 53G-10-403, Rule R277-474, or other Utah law regarding sex education; or

(29) cheat or engage in academic dishonesty, whether on behalf of a student, or in the educator's own educational pursuits.

Notes

Utah Admin. Code R277-217-2

Adopted by Utah State Bulletin Number 2020-04, effective 2/7/2020 Amended by Utah State Bulletin Number 2021-08, effective 4/8/2021 Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024