1. (1) UPPAC and the Board shall consider the rebuttable presumptions in this section when evaluating a case of educator misconduct.

2. (2) Revocation is presumed appropriate if an educator:

   1. (a) is subject to mandatory revocation under Subsection 53E-6-604(5)(b);
   2. (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;
   3. (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;
   4. (d) intentionally provides alcohol or illegal drugs to a minor;

   5. (e) is convicted of a violation of:

      1. (i) Section 76-5-202;
      2. (ii) Section 76-5-203;
      3. (iii) Section 76-5-205; or
      4. (iv) Section 76-5-208.

3. (3)(a) Suspension of ten years or more is presumed appropriate if an educator is convicted of any felony not specified in Subsection (2).

   1. (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:

      1. (i) is expunged; or
      2. (ii) is reduced pursuant to Section 76-3-402.

4. (4) Suspension of three years or more is presumed appropriate if an educator:

   1. (a) engages in a boundary violation with a student or minor that is sexual in nature that is not sexually explicit conduct;
   2. (b) engages in consensual sexual activity on school grounds, during contract hours, or while actively responsible for supervising students;
   3. (c) knowingly engages in sexually explicit conduct with a recent graduate from the educator's school;
   4. (d) is convicted of using physical force with a minor if the conduct results in a conviction of a class A misdemeanor;
   5. (e) is convicted of an offense that results in the educator being placed on court supervision for three or more years;
   6. (f) is convicted of theft or intentional misappropriation of public funds; or
   7. (g) intentionally misappropriates public funds or property in an amount of $500 or more.

5. (5) Suspension of one to three years is presumed appropriate, if an educator:

   1. (a) willfully or knowingly creates, views, or gains access to sexually inappropriate material on school property or using school equipment;
   2. (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;
   3. (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;

   4. (d) is convicted of using physical force with a minor if:

      1. (i) the conviction is a class B misdemeanor or lower; and
      2. (ii) the minor is a student in the educator's school;
   5. (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);
   6. (f) bullies or threatens a student physically, verbally, or electronically;
   7. (g) engages in a pattern of boundary violations with a student or minor under a circumstance not described in Subsection (4)(a);

   8. (h) engages in multiple incidents or a pattern of theft or misappropriation of public funds that does not result in a criminal conviction;

      1. (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;
   9. (j) is convicted of two drug-related offenses or alcohol-related offenses in the three years previous to the most recent conviction;

   10. (k) engages in a pattern of or a single egregious incident of:

       1. (i) harassing;
       2. (ii) bullying; or
       3. (iii) threatening a co-worker or community member; or
       4. (l) knowingly and deliberately falsifies or misrepresents information on an education-related document.

6. (6) A suspension of up to one year is presumed appropriate if an educator:

   1. (a)(i) engages in inappropriate conduct that warrants lesser discipline; and

      1. (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;
   2. (b) fails to report to appropriate authorities suspected child or sexual abuse;
   3. (c) fails to inform a parent of a student's threat of suicide, self-harm, or harm to others; or
   4. (d) knowingly teaches, counsels, or assists a minor student in a manner that disregards a legal, written directive, such as a court order.

7. (7) A reprimand is presumed appropriate if an educator:

   1. (a) engages in conduct described in Subsection (8) that is more egregious or repetitive than the conduct described in Subsection (8); or

   2. (b)(i) engages in reportable inappropriate conduct that warrants lesser discipline; and

      1. (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. (8) A letter of warning is presumed appropriate if an educator:

   1. (a) engages in a miscellaneous minimal boundary violation with a student or minor, whether physical, electronic, or verbal;
   2. (b) engages in minimal inappropriate physical contact with a student;
   3. (c) engages in unprofessional communications or conduct with a student, co-worker, community member, or parent;
   4. (d) engages in an inappropriate discussion with a student that violates state or federal law;
   5. (e) knowingly violates a requirement or procedure for special education needs;
   6. (f) knowingly violates a standardized testing protocol;

   7. (g) is convicted of one of the following with or without court probation:

      1. (i) a single driving under the influence of alcohol or drugs offense under Section 41-6a-502;
      2. (ii) impaired driving under Section 41-6a-502.5; or
      3. (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;

   8. (h) carelessly mismanages public funds or fails to accurately account for receipt and expenditure of public funds entrusted to the educator's care;

      1. (i) fails to make a report required by Rule R277-217;
   9. (j) except for a class C misdemeanor under Title 41, Motor Vehicles, is convicted of one or two misdemeanor offenses not otherwise listed;

   10. (k) engages in an activity that constitutes a conflict of interest;

       1. (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
       2. (ii) the inappropriate conduct does not involve a student at the educator's school; or
   11. (m) engages in other minor violations of the Utah Educator Standards in Rule R277-217.
9. (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.

KEY: educators, disciplinary presumptions

Date of Last Change: May 19, 2026

Notice of Continuation: October 1, 2025

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)