Utah Admin. Code R277-515-3 - [Repealed]
Current through Bulletin 2021-24, December 15, 2021
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(1) The professional educator is responsible for compliance with federal, state, and local laws.
(2) The professional educator shall familiarize himself or herself with professional ethics and is responsible for compliance with applicable professional standards.
(3) Failing to strictly adhere to Subsection (4) shall result in licensing discipline in accordance with Rule R277-215.
(4) The professional educator, upon receiving a Utah educator license:
(a) may not be convicted of any felony or misdemeanor offense that adversely affects the individual's ability to perform an assigned duty and carry out the responsibilities of the profession, including role model responsibility;
(b) may not be convicted of or commit any act of violence or abuse, including physical, sexual, or emotional abuse of any person;
(c) may not commit any act of cruelty to a child or any criminal offense involving a child;
(d) may not be convicted of a stalking crime;
(e) may not possess or distribute an illegal drug or be convicted of any crime related to an illegal drug, including a prescription drug not specifically prescribed for the individual;
(f) may not engage in conduct of a sexual nature described in Section 53E-6-603;
(g) may not be convicted of or subject to a diversion agreement for a sex-related or drug-related offense;
(h) may not provide to a student or allow a student under the educator's supervision or control to consume an alcoholic beverage or unauthorized drug;
(i) may not 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;
(j) may not intentionally exceed the prescribed dosage of a prescription medication while at school or a school-related activity;
(k) shall cooperate in providing all relevant information and evidence to the proper authority in the course of an investigation by a law enforcement agency or by the Division of Child and Family Services regarding potential criminal activity, except that an educator may decline to give evidence against himself or herself in an investigation if the evidence may tend to incriminate the educator as that term is defined by the Fifth Amendment of the U.S. Constitution;
(l) shall report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services pursuant to Sections 53E-6-701 and 62A-4a-409 and comply with rules and LEA policy regarding the reporting of suspected child abuse;
(m) shall strictly adhere to state laws regarding the possession of a firearm while on school property or at a school-sponsored activity and enforce an LEA policy related to student access to or possession of a weapon;
(n) may not solicit, encourage, or consummate an inappropriate relationship, whether written, verbal, or physical, with a student or minor;
(o) may not engage in grooming of a student or minor;
(p) may not:
(i) participate in sexual, physical, or emotional harassment towards any public school-age student or colleague; or
(ii) knowingly allow harassment toward a student or colleague;
(q) may not make inappropriate contact in any communication, including written, verbal, or electronic, with a minor, student, or colleague, regardless of age or location;
(r) may not interfere or discourage a student's or colleague's legitimate exercise of political and civil rights, acting consistent with law and LEA policy;
(s) shall provide accurate and complete information in a required evaluation of himself or herself, another educator, or student, as directed, consistent with the law;
(t) shall be forthcoming with accurate and complete information to an appropriate authority regarding known educator misconduct that could adversely impact performance of a professional responsibility, including a role model responsibility, by himself or herself, or another;
(u) shall provide accurate and complete information required for licensure, transfer, or employment purposes;
(v) shall provide accurate and complete information regarding qualifications, degrees, academic or professional awards or honors, and related employment history when applying for employment or licensure;
(w) shall notify the Superintendent at the time of application for licensure of past license disciplinary action or license discipline from another jurisdiction;
(x) shall notify the Superintendent honestly and completely of past criminal convictions at the time of the license application and renewal of licenses;
(y) shall provide complete and accurate information during an official inquiry or investigation by LEA, state, or law enforcement personnel; and
(z) shall report an arrest, citation, charge, or conviction to the educator's LEA in accordance with Section R277-516-3.
(5) An LEA shall report violations described in Subsection (4) to UPPAC.
(6)(a) Failure to adhere to this Subsection (6) may result in licensing discipline in accordance with Rule R277-215.
(b) A penalty shall be imposed, most readily, if an educator has received a previous documented warning from the educator's employer.
(c) An educator may not:
(i) exclude a student from participating in any program or deny or grant any benefit to any student on the basis of race, color, creed, sex, national origin, marital status, political or religious belief, physical or mental condition, family, social, or cultural background, or sexual orientation; and
(ii) may not engage in conduct that would encourage a student to develop a prejudice on the grounds described in Subsection (6)(c)(i) or any other, consistent with the law.
(d) An educator shall maintain confidentiality concerning a student unless revealing confidential information to an authorized person serves the best interest of the student and serves a lawful purpose, consistent with:
(i) 53E-9-202, Utah Family Educational Rights and Privacy Act; and
(e) Consistent with Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, Section 53E-3-512, and rule, a professional educator:
(i) may not accept a bonus or incentive from a vendor or potential vendor or a gift from a parent of a student, or a student where there may be the appearance of a conflict of interest or impropriety;
(ii) may not accept or give a gift to a student that would suggest or further an inappropriate relationship;
(iii) may not accept or give a gift to a colleague that is inappropriate or furthers the appearance of impropriety;
(iv) may accept a donation from a student, parent, or business donating specifically and strictly to benefit a student;
(v) may accept, but not solicit, a nominal appropriate personal gift for a birthday, holiday, or teacher appreciation occasion, consistent with LEA policy and Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
(vi) may not use the educator's position or influence to:
(A) solicit a colleague, student, or parent of a student to purchase equipment, supplies, or services from the educator or participate in an activity that financially benefits the educator unless approved in writing by the LEA; or
(B) promote an athletic camp, summer league, travel opportunity, or other outside instructional opportunity from which the educator receives personal remuneration and that involve students in the educator's school system, unless approved in writing consistent with LEA policy and rule; and
(vii) may not use school property, a facility, or equipment for personal enrichment, commercial gain, or for personal uses without express supervisor permission.