53A-6-501 - Disciplinary action against educator.
53A-6-501. Disciplinary action against educator.
(1) (a) The board shall take appropriate action against a person who is, or at the time ofan alleged offense was, the holder of a license, and:
(i) who, after having had a reasonable opportunity to contest the allegation, has beenfound pursuant to a criminal, civil, or administrative action to have exhibited behaviorevidencing unfitness for duty, including immoral, unprofessional, or incompetent conduct, orother violation of standards of ethical conduct, performance, or professional competence; or
(ii) who has been alleged to have exhibited such behavior or committed such a violation.
(b) Prior to taking action based upon an allegation or the decision of an administrativebody other than UPPAC, the board shall direct UPPAC to review the allegations and any relatedadministrative action and provide findings and recommendations to the board.
(c) No adverse recommendation may be made without giving the accused person anopportunity for a hearing.
(d) The board's action may include:
(i) revocation or suspension of a license;
(ii) restriction or prohibition of recertification;
(iii) a warning or reprimand;
(iv) required participation in and satisfactory completion of a rehabilitation orremediation program; or
(v) other action which the board finds to be appropriate after a review of the UPPACfindings and recommendations.
(e) The license holder is responsible for the costs of rehabilitation or remediationrequired under this section.
(2) (a) Upon receipt of findings or recommendations from UPPAC, the board shallpermanently revoke the license of a person who:
(i) is convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses,against a minor child;
(ii) engages in sexually explicit conduct, as defined in Section 76-5a-2, with a studentwho is a minor; or
(iii) engages in sexually explicit conduct, as defined in Section 76-5a-2, with a studentwho is:
(A) not a minor; and
(B) enrolled in a school where the person is employed.
(b) Upon receipt of findings or recommendation from UPPAC, the board maypermanently revoke the license of a person who has exhibited other behavior which the boardfinds to be irremediable.
Amended by Chapter 189, 2008 General Session
Amended by Chapter 190, 2008 General Session