Section R277-215-2 - Rebuttable Presumptions(1) UPPAC and the Board shall consider the rebuttable presumptions in this section when evaluating a case of educator misconduct.(2) Revocation is presumed appropriate if an educator:(a) is subject to mandatory revocation under Subsection 53E-6-604(5)(b);(b) is convicted of, admits to, or is found pursuant to an evidentiary hearing to have engaged in viewing or distributing child pornography, whether real or simulated, on or off school property;(c) is convicted of an offense that requires the educator to register as a sex offender under Subsection 77-41-105(3);(d) intentionally provides alcohol or illegal drugs to a minor;(e) is convicted of a violation of: (iii) Section 76-5-205; or(3)(a) Suspension of ten years or more is presumed appropriate if an educator is convicted of any felony not specified in Subsection (2).(b) An educator who is suspended based on a felony conviction under Subsection (3)(a) may apply for a reinstatement hearing early if the educator's felony: (ii) is reduced pursuant to Section 76-3-402.(4) Suspension of three years or more is presumed appropriate if an educator: (a) engages in a boundary violation that is sexual in nature that is not sexually explicit conduct;(b) is convicted of using physical force with a minor if the conduct results in a conviction of a class A misdemeanor;(c) is convicted of an offense that results in the educator being placed on court supervision for three or more years;(d) is convicted of theft or intentional misappropriation of public funds; or(e) intentionally misappropriates public funds or property in an amount of $500 or more.(5) Suspension of one to three years is presumed appropriate, if an educator: (a) willfully or knowingly creates, views, or gains access to sexually inappropriate material on school property or using school equipment;(b) is convicted of one or more class A misdemeanor violence offenses under Title 76, Chapter 5, Offenses Against the Person, or a comparable statute from a jurisdiction outside of Utah;(c) is convicted of two or more misdemeanor violence offenses under Title 76, Chapter 5, Offenses Against the Person, or a comparable statute from a jurisdiction outside of Utah, in the last three years;(d) is convicted of using physical force with a minor if: (i) the conviction is a class B misdemeanor or lower; and(ii) the minor is a student in the educator's school;(e) engages in repeated incidents of or a single egregious incident of excessive physical force or discipline to a student that does not meet the circumstances described in Subsection 53G-8-302(2);(f) bullies or threatens a student physically, verbally, or electronically;(g) engages in a pattern of boundary violations with a student under a circumstance not described in Subsection (4)(a);(h) engages in multiple incidents or a pattern of theft or misappropriation of public funds that does not result in a criminal conviction;(i) attends a school or school-related activity in an assigned employment-related capacity while possessing, using, or under the influence of alcohol or illegal drugs;(j) is convicted of two drug-related offenses or alcohol-related offenses in the three years previous to the most recent conviction;(k) engages in a pattern of or a single egregious incident of: (iii) threatening a co-worker or community member; or(l) knowingly and deliberately falsifies or misrepresents information on an education-related document.(6) A suspension of up to one year is presumed appropriate if an educator: (a)(i) engages in inappropriate conduct that warrants lesser discipline; and(ii) has previously received two or more disciplinary letters or actions from UPPAC, including a letter of admonishment, education or warning, related to similar incidents of inappropriate conduct;(b) fails to report to appropriate authorities suspected child or sexual abuse; or(c) knowingly teaches, counsels, or assists a minor student in a manner that disregards a legal, written directive, such as a court order or an approved college and career ready plan.(7) A reprimand is presumed appropriate if an educator: (a) engages in conduct described in Subsection (8) that is more egregious or repetitive than the conduct described in Subsection (8); or(b)(i) engages in reportable inappropriate conduct that warrants lesser discipline; and(ii) within the previous ten years, has received two or more written disciplinary actions from the same LEA for similar inappropriate conduct related to a violation of Board rule or LEA policy.(8) A letter of warning is presumed appropriate if an educator: (a) engages in a miscellaneous minimal boundary violation with a student or minor, whether physical, electronic, or verbal;(b) engages in minimal inappropriate physical contact with a student;(c) engages in unprofessional communications or conduct with a student, co-worker, community member, or parent;(d) engages in an inappropriate discussion with a student that violates state or federal law;(e) knowingly violates a requirement or procedure for special education needs;(f) knowingly violates a standardized testing protocol;(g) is convicted of one of the following with or without court probation: (i) a single driving under the influence of alcohol or drugs offense under Section 41-6a-502;(ii) impaired driving under Section 41-6a-502.5; or(iii) a charge that contains identical or substantially similar elements to the state's driving under the influence of alcohol or drugs law or under the law of another state or territory;(h) carelessly mismanages public funds or fails to accurately account for receipt and expenditure of public funds entrusted to the educator's care;(i) fails to make a report required by Rule R277-217;(j) except for a class C misdemeanor under Title 41, Motor Vehicles, is convicted of one or two misdemeanor offenses not otherwise listed;(k) engages in an activity that constitutes a conflict of interest;(l)(i) is convicted of using physical force with a minor if the conduct results in a conviction of a class B misdemeanor or lower; and(ii) the inappropriate conduct does not involve a student at the educator's school; or(m) engages in other minor violations of the Utah Educator Standards in Rule R277-217.(9) A letter of education is presumed appropriate if the evidence does not show a violation of the educator standards in Rule R277-217, but the evidence may show conduct that could lead to a violation of the standards in the future.Utah Admin. Code R277-215-2
Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020Amended by Utah State Bulletin Number 2021-08, effective 4/8/2021