Utah Code § 53E-6-604 — Utah Code / Title 53E / Chapter 53E-6 / § 53E-6-604
§ 53E-6-604. State board disciplinary action against an educator.
Status: in_force

(1) (a) The state board shall direct UPPAC to investigate an allegation, administrative decision, or judicial decision that evidences an educator is unfit for duty because the educator exhibited behavior that: (i) is immoral, unprofessional, or incompetent; or (ii) violates standards of ethical conduct, performance, or professional competence. (b) If the state board determines an allegation or decision described in Subsection (1)(a) does not evidence an educator's unfitness for duty, the state board may dismiss the allegation or decision without an investigation or hearing. (2) The state board shall direct UPPAC to investigate and allow an educator to respond in a UPPAC hearing if the state board receives an allegation that the educator: (a) was charged with a felony of a sexual nature; (b) was convicted of a felony of a sexual nature; (c) pled guilty to a felony of a sexual nature; (d) entered a plea of no contest to a felony of a sexual nature; (e) entered a plea in abeyance to a felony of a sexual nature; (f) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against a minor child; (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor; or (h) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who: (i) is not enrolled in an adult education program in an LEA; (ii) is not a minor; and (iii) (A) is enrolled in an LEA where the educator is employed; or (B) is a participant in an extracurricular program in which the educator is involved. (3) Upon notice that an educator allegedly violated Section 53E-6-701, the state board shall direct UPPAC to: (a) investigate the alleged violation; and (b) hold a hearing to allow the educator to respond to the allegation. (4) Upon completion of an investigation or hearing described in this section, UPPAC shall: (a) provide findings to the state board; and (b) make a recommendation for state board action. (5) (a) Except as provided in Subsection (5)(b), upon review of UPPAC's findings and recommendation, the state board may: (i) revoke the educator's license; (ii) suspend the educator's license; (iii) restrict or prohibit the educator from renewing the educator's license; (iv) warn or reprimand the educator; (v) enter into a written agreement with the educator that requires the educator to comply with certain conditions; (vi) direct UPPAC to further investigate or gather information; or (vii) take other action the state board finds to be appropriate for and consistent with the educator's behavior. (b) Upon review of UPPAC's findings and recommendation, the state board shall revoke the license of an educator who: (i) was convicted of a felony of a sexual nature; (ii) pled guilty to a felony of a sexual nature; (iii) entered a plea of no contest to a felony of a sexual nature; (iv) entered a plea in abeyance to a felony of a sexual nature; (v) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against a minor child; (vi) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor; (vii) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who: (A) is not enrolled in an adult education program in an LEA; (B) is not a minor; and (C) is enrolled in an LEA where the educator is employed or is a participant in an extracurricular program in which the educator is involved; or (viii) admits to the state board or UPPAC that the applicant committed conduct that amounts to: (A) a felony of a sexual nature; or (B) a sexual offense or sexually explicit conduct described in Subsection (5)(b)(v), (vi), or (vii). (c) The state board may not reinstate a revoked license. (d) Before the state board takes adverse action against an educator under this section, the state board shall ensure that the educator had an opportunity for a UPPAC hearing. (e) If the state board suspends or revokes an educator's license under this section, the state board shall determine whether the restrictions described in Section 53E-6-604.5 apply to the educator. (6) Notwithstanding any other provision in this section, the state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that require an LEA to notify the state board, UPPAC, and the educator of a complaint from a parent against an educator alleging a violation of educator licensing standards.