R277-217-5. LEA Reporting of Misconduct to UPPAC

(1) An LEA shall notify UPPAC if an educator is determined pursuant to a judicial or administrative proceeding, or internal LEA investigation, to have violated the educator standards described in Sections R277-217-2 and R277-217-3. (2)(a) A district superintendent or a charter school director, or their respective designees, shall notify UPPAC and the educator of any allegation from a parent that an educator's conduct violated Sections R277-217-2 and R277-217-3 within 30 days of receiving the allegation. (b) The Executive Secretary shall record an allegation received under Subsection (2)(a), but shall defer further investigation pending the LEA's determination of possible LEA discipline. (c) The Executive Secretary shall classify allegations received under Subsection (1) or Subsection (2)(a) as private under Subsection 63G-2-302(2)(d). (3) For each allegation referred to UPPAC under Subsections (1) and (2)(a), an LEA shall notify UPPAC of: (a) the findings of the LEA's internal investigation or administrative proceedings; (b) criminal charges filed by a prosecuting agency; (c) the LEA's internal disciplinary action or decision not to take action, and the evidence supporting the decision; and (d) any evidence that may be relevant if UPPAC chooses to investigate the matter. (4) The Executive Secretary shall provide a form for an LEA to make a notification required under Subsections (1) and (2). (5) Upon submitting a notification under Subsection (1) or (2), an LEA may make a recommendation to the Executive Secretary concerning whether an investigation by UPPAC would be appropriate under the circumstances, taking into account any employment action taken by the LEA, but the LEA's recommendation is not binding on UPPAC, which shall make its own independent determination consistent with Section R277-211-3.