Utah Admin. Code R277-217-5 - LEA Reporting of Misconduct to UPPAC
(1) An LEA shall notify UPPAC if an educator
is determined pursuant to a judicial or administrative proceeding, or internal
LEA investigation, to have violated the educator standards described in
Sections R277-217-2 and
R277-217-3.
(2)
(a) A
district superintendent or a charter school director, or their respective
designees, shall notify UPPAC and the educator of any allegation from a parent
that an educator's conduct violated Sections
R277-217-2 and
R277-217-3 within 30 days of
receiving the allegation.
(b) The
Executive Secretary shall record an allegation received under Subsection
(2)(a), but shall defer further investigation pending the LEA's determination
of possible LEA discipline.
(c) The
Executive Secretary shall classify allegations received under Subsection (1) or
Subsection (2)(a) as private under Subsection
63G-2-302(2)(d).
(3) For each allegation referred
to UPPAC under Subsections (1) and (2)(a), an LEA shall notify UPPAC of:
(a) the findings of the LEA's internal
investigation or administrative proceedings;
(b) criminal charges filed by a prosecuting
agency;
(c) the LEA's internal
disciplinary action or decision not to take action, and the evidence supporting
the decision; and
(d) any evidence
that may be relevant if UPPAC chooses to investigate the matter.
(4) The Executive Secretary shall
provide a form for an LEA to make a notification required under Subsections (1)
and (2).
(5) Upon submitting a
notification under Subsection (1) or (2), an LEA may make a recommendation to
the Executive Secretary concerning whether an investigation by UPPAC would be
appropriate under the circumstances, taking into account any employment action
taken by the LEA, but the LEA's recommendation is not binding on UPPAC, which
shall make its own independent determination consistent with Section
R277-211-3.
Notes
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