Affected by 63I-1-253 on 7/1/2023
Effective 5/4/2022
53E-6-506. UPPAC duties and procedures.
- (1) The state board may direct UPPAC to review a complaint about an educator and recommend that the state board:
- (a) dismiss the complaint; or
- (b) investigate the complaint in accordance with this section.
- (2)
- (a) The state board may direct UPPAC to:
- (i) in accordance with this section, investigate a complaint’s allegation or decision; or
- (ii) hold a hearing.
- (b) UPPAC may initiate a hearing as part of an investigation.
- (c) Upon completion of an investigation or hearing, UPPAC shall:
- (i) provide findings to the state board; and
- (ii) make a recommendation for state board action.
- (d) UPPAC may not make a recommendation described in Subsection (2)(c)(ii) to adversely affect an educator’s license unless UPPAC gives the educator an opportunity for a hearing.
- (a) The state board may direct UPPAC to:
- (3)
- (a) The state board may:
- (i) select an independent investigator to conduct a UPPAC investigation with UPPAC oversight; or
- (ii) authorize UPPAC to select and oversee an independent investigator to conduct an investigation.
- (b) In conducting an investigation, UPPAC or an independent investigator shall conduct the investigation independent of and separate from a related criminal investigation.
- (c) In conducting an investigation, UPPAC or an independent investigator may:
- (i) in accordance with Section 53E-6-606 administer oaths and issue subpoenas; or
- (ii) receive evidence related to an alleged offense, including sealed or expunged records released to the state board under Section 77-40a-403.
- (d) If UPPAC finds that reasonable cause exists during an investigation, UPPAC may recommend that the state board initiate a background check on an educator as described in Section 53G-11-403.
- (e) UPPAC has a rebuttable presumption that an educator committed a sexual offense against a minor child if the educator voluntarily surrendered a license or certificate or allowed a license or certificate to lapse in the face of a charge of having committed a sexual offense against a minor child.
- (a) The state board may:
- (4) The state board may direct UPPAC to:
- (a) recommend to the state board procedures for:
- (i) receiving and processing complaints;
- (ii) investigating a complaint’s allegation or decision;
- (iii) conducting hearings; or
- (iv) reporting findings and making recommendations to the state board for state board action;
- (b) recommend to the state board or a professional organization of educators:
- (i) standards of professional performance, competence, and ethical conduct for educators; or
- (ii) suggestions for improvement of the education profession; or
- (c) fulfill other duties the state board finds appropriate.
- (a) recommend to the state board procedures for:
- (5) UPPAC may not participate as a party in a dispute relating to negotiations between:
- (a) a school district and the school district’s educators; or
- (b) a charter school and the charter school’s educators.
- (6) The state board shall make rules establishing UPPAC duties and procedures.
Amended by Chapter 250, 2022 General Session