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 an offender under Title 53, Chapter 29 Sex, Kidnap, and child Abuse Offender Registry; (d) intentionally provides alcohol or illegal drugs to a minor; (e) is convicted of a violation of: (i) Section 76-5-202; (ii) Section 76-5-203; (iii) Section 76-5-205; or (iv) Section 76-5-208. (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: (i) is expunged; or (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 with a student or minor that is sexual in nature that is not sexually explicit conduct; (b) engages in consensual sexual activity on school grounds, during contract hours, or while actively responsible for supervising students; (c) knowingly engages in sexually explicit conduct with a recent graduate from the educator's school; (d) is convicted of using physical force with a minor if the conduct results in a conviction of a class A misdemeanor; (e) is convicted of an offense that results in the educator being placed on court supervision for three or more years; (f) is convicted of theft or intentional misappropriation of public funds; or (g) 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-8-301(4); (f) bullies or threatens a student physically, verbally, or electronically; (g) engages in a pattern of boundary violations with a student or minor 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: (i) harassing; (ii) bullying; or (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; (c) fails to inform a parent of a student's threat of suicide, self-harm, or harm to others; or (d) knowingly teaches, counsels, or assists a minor student in a manner that disregards a legal, written directive, such as a court order. (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.