State Codes and Statutes
Statutes > Utah > Title-53a > Chapter-06 > 53a-6-30653A-6-306. Purpose, powers, and duties of UPPAC.
(1) UPPAC shall:
(a) adopt rules consistent with applicable law and board rules to carry out itsresponsibilities under this chapter;
(b) make recommendations to the board and professional organizations of educators:
(i) concerning standards of professional performance, competence, and ethical conductfor persons holding licenses issued by the board; and
(ii) for the improvement of the education profession;
(c) establish procedures for receiving and acting upon reports or allegations regardingimmoral, unprofessional, or incompetent conduct, unfitness for duty, or other violations ofstandards of ethical conduct, performance, or professional competence;
(d) investigate any allegation of sexual abuse of a student or a minor by an educator; and
(e) establish the manner in which hearings are conducted and reported, andrecommendations are submitted to the board for its action.
(2) (a) UPPAC may conduct or authorize investigations relating to any matter beforeUPPAC.
(b) Those investigations shall be independent of and separate from any criminalinvestigation.
(c) In conducting an investigation UPPAC or an investigator operating under UPPACauthorization may:
(i) administer oaths and issue subpoenas which may be enforced through the state districtcourts;
(ii) receive any evidence related to an alleged offense, including sealed or expungedrecords released to the board under Section 77-40-109; and
(iii) where reasonable cause exists, initiate a criminal background check on a licenseholder.
(d) (i) A license holder shall receive written notice if a fingerprint check is required as apart of the background check.
(ii) Fingerprints of the individual shall be taken, and the Law Enforcement and TechnicalServices Division of the Department of Public Safety shall release the individual's full record, asshown on state, regional, and national records, to UPPAC.
(iii) UPPAC shall pay the cost of the background check except as provided under Section53A-6-401, and the money collected shall be credited to the Law Enforcement and TechnicalServices Division to offset its expenses.
(3) UPPAC is entitled to a rebuttable evidentiary presumption that a person hascommitted a sexual offense against a minor child if the person has:
(a) after having had a reasonable opportunity to contest the allegation, been foundpursuant to a criminal, civil, or administrative action to have committed a sexual offense againsta minor child;
(b) pled guilty to a reduced charge in the face of a charge of having committed a sexualoffense against a minor child, entered a plea of no contest, entered into a plea in abeyanceresulting in subsequent dismissal of such a charge, or failed to defend himself against such acharge when given reasonable opportunity to do so; or
(c) voluntarily surrendered a license or certificate or allowed a license or certificate tolapse in the face of a charge of having committed a sexual offense against a minor child.
(4) In resolving a complaint UPPAC may:
(a) dismiss the complaint;
(b) issue a warning or reprimand;
(c) issue an order of probation requiring an educator to comply with specific conditionsin order to retain a license;
(d) enter into a written agreement requiring an educator to comply with certainconditions;
(e) recommend board action such as revocation or suspension of a license or restrictionor prohibition of licensure; or
(f) take other appropriate action.
(5) UPPAC may not:
(a) participate as a party in any dispute relating to negotiations between a school districtand its educators;
(b) take action against an educator without giving the individual an opportunity for a fairhearing to contest the allegations upon which the action would be based; or
(c) take action against an educator unless it finds that the action or the failure of theeducator to act impairs the educator's ability to perform the functions of the educator's position.
Amended by Chapter 283, 2010 General Session
