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[Utah Administrative Code Table of Contents]
[Title R686. Table of Contents]
R686-103-1 Definitions.
A. "Basic Administrative/Supervisory Certificate" means the initial certificate issued by the Board which permits the holder to be employed in a public school position which requires administration or supervision of kindergarten, elementary, middle, or secondary levels.
B. "Competent" means an educator who is duly qualified, is skillful, and meets all the legal requirements of the educator's position.
C. "Educator" means a certificated person who is paid on the teachers or administrators salary schedule and whose primary function is to provide instructional, counseling or administrative services in the public schools or administrative offices as assigned.
D. "Sexual contact" means:
(1) the intentional touching of any sexual or intimate part of an individual;
(2) causing, encouraging, or permitting an individual to touch any sexual or intimate part of another; or
(3) any physical conduct of a sexual nature directed at an individual.
E. "Sexual harassment" means any repeated or unwarranted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory or explicit visual material or remarks made or displayed by an individual which is offensive or objectionable to the recipient or which causes the recipient discomfort or humiliation.
F. "Commission" means the Utah Professional Practices Advisory Commission as defined and authorized under Section 53A-7-104[Ed.Note: Apparent Utah Code Ref. not found.] et seq.
R686-103-2 Authority and Purpose.
A. This rule is authorized by Section 53A-7-110[Ed.Note: Apparent Utah Code Ref. not found.] which directs the Commission to adopt rules to carry out its responsibilities under the law.
B. The purpose of this rule is to provide for competent practices and standards of moral and ethical conduct for educators in order to serve the needs of Utah students and to maintain the dignity of the education profession in the state of Utah.
R686-103-3 Commission Action if a Certificated Educator Violates the Provisions of Professional Practice and Conduct for Utah Educators.
A. The individual conduct of a professional educator at all levels reflects upon the practices, values, integrity and reputation of the Utah educational profession as a whole. Violation of this rule may result in the following:
(1) A disciplinary letter that may effect the educator's ability to obtain employment as an educator;
(2) A letter of reprimand that would be placed in the educator's certification file and in the personnel file(s) of the district(s) where the educator is employed or seeks employment;
(3) A designated period of probationary status for a certificate holder. The probation may be for a specific or indefinite time period;
(4) Suspension of the educator's certificate(s) that would prevent the educator from practicing education in the state of Utah or other states during the period of suspension; and
(5) Revocation of the educator's certificate(s) for a minimum of five years.
B. This rule does not preclude alternative action by the Commission consistent with Utah law and Utah State Board of Education rules warranted under the facts of the case.
R686-103-4 Professionalism in Employment Practices.
An educator acting consistent with professional practices and standards shall:
A. assist only qualified persons, as defined by Utah law and Utah State Board of Education rules, to enter or continue in the education profession;
B. employ only persons qualified or certificated appropriately for positions, except as provided under R277-511;
C. document professional misconduct of other educators under the educators' direction as set forth in the law or this rule and take appropriate action based upon the misconduct. Such action shall include supervision or termination of employment when necessary to protect the physical or emotional well-being of students and employees and to protect the integrity of the profession, or both;
D. not personally falsify or direct another person to falsify records or applications of any type;
E. not recommend for employment in another district an educator who has been disciplined for unprofessional or unethical conduct or who has not met minimum professional standards in a current or previous assignment, consistent with Section 34-42-1 ;
F. adhere to the terms of a contract or assignment unless health or emergency issues requires vacating the contract or assignment. Persons shall in good faith comply with penalty provisions;
G. accept an educational employment assignment only if the educator has the appropriate certification required for that particular employment assignment except as provided for under R277-511 and shall provide only true and accurate pre-employment information or documentation;
H. recommend for employment or continuance of employment only persons who are certificated for the position; and
I. act consistent with Section 67-1-1 through 14, Utah Public Employees Ethics Act.
R686-103-5 Competent Practices.
An educator shall:
A. adhere to federal and state laws, State Board of Education Administrative rules, local board policies and specific directives from supervisors regarding educational practices; and
B. exercise good judgment and prudence in the educator's personal life to avoid the impairment of the educator's professional effectiveness and respect the cultural values and standards of the community in which the educator practices.
R686-103-6 Competent Practice Related to Students.
An educator shall:
A. develop and follow objectives related to learning, organize instruction time consistent with those objectives, and adhere to prescribed subject matters and curriculum.
B. deal with each student in a just and considerate manner.
C. resolve disciplinary problems according to law and school board policy and local building procedures;
D. maintain confidentiality concerning a student unless a revelation of confidential information serves the best interest of the student and serves a lawful purpose;
E. not exclude a student from participating in any program, deny or grant any benefit to any student on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation, and may not engage in a course of conduct that would encourage a student to develop a prejudice on these grounds or any others;
F. impart to students principles of good citizenship and societal responsibility by directed learning as well as by personal example;
G. cooperate in providing all relevant information and evidence to the proper authorities in the course of an investigation by a law enforcement agency or by Child Protective Services regarding criminal activity. However, an educator shall be entitled to decline to give evidence against himself in any such investigation if the same may tend to incriminate the educator as that term is defined by the Fifth Amendment of the U.S. Constitution; and
H. take appropriate action to prevent student harassment.
R686-103-7 Moral and Ethical Conduct.
An educator shall:
A. not be convicted of domestic violence or abuse, including physical, sexual, and emotional abuse of any family member;
B. not be convicted of a stalking crime;
C. not use or distribute illegal drugs, or be convicted of any crime related to illegal drugs;
D. not be convicted of any illegal sexual conduct;
E. not attend any school activity or function under the influence of illegal drugs or alcohol, or prescription drugs if the drug affects the educator's ability to perform regular activities;
F. not participate in sexual, physical, or emotional harassment or any combination toward any student or co-worker, nor knowingly allow harassment to continue;
G. not participate in sexual contact with a student;
H. not knowingly fail to protect a student from any condition detrimental to that student's physical health, mental health, safety, or learning;
I. not harass or discriminate against a student or co-worker on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation;
J. not interfere with the legitimate exercise of political and civil rights and responsibilities of colleagues or a student acting consistently with law and district and school policies;
K. not threaten, coerce or discriminate against any fellow employee, regardless of employment classification, who reports or discloses to a governing agency actual or suspected violations of law, educational regulations, or standards;
L. conduct financial business with integrity by honestly accounting for all funds committed to the educator's charge and collect and report funds consistent with school and district policy;
M. not accept gifts or exploit a professional relationship for gain or advantage that might create the appearance of impropriety or that may impair professional judgment, consistent with Section 67-16-1 through 14, Utah Public Employees Ethics Act; and
N. not use district or school computers or information systems in violation of the district's acceptable use policy for employees or access information that may be detrimental to young people or inconsistent with the educator's role model responsibility.
[Indexing]
KEY: teachers, disciplinary actions
May 6, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
53A-7-110[Ed.Note: Apparent Utah Code Ref. not found.]
