Disciplinary actions taken by the Utah Professional Practices Advisory Commission (UPPAC) as found in their monthly newsletters.
In all cases, the teachers' names are given in the publication. We choose to name those whose licenses have been revoked.
2007
ISSUE:January 2007
1. REINSTATEMENT License reinstated after arrest for arrest for lewdness that ended in a conviction for trespass.
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ISSUE: February 2007
1. SUSPENSION Two-year suspension for a pattern of emotional abuse and religious discrimination against students, violation of student confidentiality, and allowing and encouraging students to harass other students.
2. SUSPENSION Accepted agreement for 18-month suspension for use of school equipment to view pornography.
3. REINSTATEMENT Reinstatement following a suspension for personal use of school funds.
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ISSUE: March 2007
1. REVOCATION by default of the license of Benjamin Rojas Hernandez for using school equipment to view and store pornography.
2. REINSTATEMENT of license of license for teacher suspended in 2000 as a result of inappropriate and unprofessional accounting of school funds and expenses over an extended time period.
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ISSUE: April 2007
The Utah State Board of Education did not take any action involving educator licenses during its April Board meeting. This is a rare occurrence resulting from the cancellation of the March Utah Professional Practices meeting.
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ISSUE: May 2007
1. REVOCATION by default of the license of Oland Marvin for downloading pornographic materials on multiple occasions using district computer equipment
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ISSUE: June 2007
1. PERMANENT REVOCATION of the license of Ben Clare Newby. Mr. Newby’s revocation results from his guilty plea to two second degree felony counts of forcible sexual abuse involving students.
TT entry for Newby
2. SUSPENSION The Board accepted a Stipulated Agreement suspending a teacher's license for three years. The suspension results from her guilty plea to third degree felony DUI.
UPPAC Case of the Month - But there is no statute of limitations for a UPPAC matter. Utah is not unique in this matter. Cases from across the nation support the ability of educator licensing boards or agencies to take action based on allegations of wrongdoing from 10, 20, or more years ago.
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ISSUE: July 2007
No issue
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ISSUE: August 2007
1. REINSTATEMENT after PREVIOUS REVOCATION for misuse of public funds. Teacher repaid the misappropriated funds.
UPPAC Case of the Month - "Educators should also be aware that “I was just trying to help” will r arely excuse an act of misconduct that any reasonable person could have seen as a self-serving, inappropriate, or potentially harmful act."
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ISSUE: September 2007
No actions
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ISSUE: October 2007
1. REINSTATEMENT of a license after being suspended for being at school under the influence of alcohol.
2. REVOCATION of the license of Richard G. Lamb after he entered into abeyance to two counts of lewdness involving two 15-year-old boys.
NO TT entry.
3. REVOCATION of the license of Kenneth G. Hardy based on his sexual relationship with a student The relationship began in 1998.
NO TT entry.
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ISSUE: November 2007
1. SUSPENSION - The Utah State Board of Education accepted a Stipulated Agreement suspending the educator's license for one year. The suspension results from the teacher ingaging engaging multiple classes of physics students in discussions of abortion, contraception, and AIDS without prior written parental consent.
UPPAC Case of the Month: Words of Wisdom
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ISSUE: December 2007
1. REVOCATION of Christy Anne Brown’s license for 25 years following her conviction of forciblesexual abuse involving a student.
TT entry for Brown.
2. REVOCATION of Kathryn Parmley’s license for 5 years following her conviction for sexual battery against a student.
TT entry for Parmley.
3. REVOCATION of Frank Laine Hall’s license for 25 years following his conviction for 10 felony counts of sexual abuse of a child.
TT entry for Hall.
4. SUSPENSION of a teacher's license for 2 years for viewing sexually oriented materials on his school computer.
UPPAC Case of the Month: There is one act of educator misconduct that the Utah State Board of Education has never suspended or revoked a license over—breach of a contract with a local school district. Several states do. If an educator seeks a license in Utah but has had a license suspended in another state for a breach of contract, the educator cannot be approved for licensing in Utah until she is reinstated in the other state.
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2008
ISSUE: January 2008
1. SUSPENSION for 6 months for failure to comply with the terms of a prior Letter of Reprimand.
2. SUSPENSION for 2 years for accessing and exposing students to sexually inappropriate and pornographic materials on his school computer. The teacher also attempted to coerce students not to testify against him.
3. REVOCATION of the license of Christopher A. Burton following his criminal conviction for eight second degree felony counts of sexual abuse of a child.
TT entry for Burton.
UPPAC Case of the Month: Ethical standards for educators being finalized.
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ISSUE: February 2008
1. REVOCATION of the license of Alan R. Willey following his conviction for seven second degree felony counts of aggravated sexual abuse of a child.
TT entry for Willey.
2. SUSPENSION for one year for counseling a student in violation of the state FERPA law, engaging in inappropriate and unprofessional text and email messages with the student, traveling alone in his car with a student and kissing a student.
UPPAC Case of the Month: Legislators want to mandate permanent revocation of an educator’s license if UPPAC finds that the educator committed a sexual offense against a student or engaged in sexual activity with a student. Law provides that the Board can do so, but
The State Board has exercised this power once, following a hearing. Read why.
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ISSUE: March 2008
1. REINSTATED a license - no reason given.
2. SUSPENSION for a year for conviction of a second DUI offense in violation of the terms of a prior hearing report.
3. SUSPENSION for up to one year for a plea in Abeyance for a Class A misdemeanor count of communications fraud.
UPPAC Case of the Month: The commission may decide to pursue the matter at the same time as the criminal investigation. An acquittal on criminal charges does not end the UPPAC matter. There may be ample evidence to meet the lower “preponderance of the evidence”
standard needed to take action against the educator license.
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ISSUE: April 2008
1. REINSTATEMENT of an educator license that was suspended following her conviction for theft.
2. SUSPENSION - Stipulated Agreement suspending Ronald Johnson Silver’s educator license for three years. The suspension results from Silver’s guilty plea (held in abeyance) to one felony count of dealing in material harmful to minors.
NO TT ENTRY.
UPPAC Case of the Month: Utah Professional Practices Advisory Commission has access to expunged records. By law, certain agencies are allowed access to the sealed records without a court order. Prior history will be considered, even in expunged records for those seeking licensing and those facing allegations of misconduct.
