UTAH EDUCATORS' RIGHTS PAMPHLET
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The Utah Education Association enforces the contractual and statutory rights of its members. Membership in the Association also provides $1,000,000/3,000,000 per individual/per occurrence aggregate protection in most job-related civil suits, $300,000 in civil rights suits, and $35,000 to defend a criminal charge.
Knowing about your rights isn't enough. Membership in the Utah Education Association guarantees the educator has a way to protect and enforce his or her rights.
Additionally, members are covered by a $1,000,000 per individual, $3,000,000 per occurrence aggregate personal liability insurance policy for claims made against the member ($300,000 civil rights limit), and $35,000 for costs and attorneys fees incurred in defending job related criminal actions brought against the educator. Certain limitations apply to the coverage. A copy of the insurance policy is provided annually to all members.
The UEA will pay $1,000 toward the criminal defense of a members accused of job-related crimes and may pay up to $5,000 in unusual cases.
The UEA provides immediate assistance to members accused of criminal activity or investigated by law enforcement agencies arising out of job-related conduct. Most of these charges relate to corporal punishment, but many are more serious. The protection is important as more and more innocent educators are being accused of abusing or assaulting students.
If you believe you are the subject of a criminal investigation or are arrested, you should demand to talk with the UEA attorney before making any statements to anyone. Make no agreement to do anything until you receive competent legal advice.
Too often educators naively participate in a meeting with school authorities, law enforcement officers, or investigators for the Division of Child and Family Services aka Child Protective Services. If an educator has reason to believe s/he is about to meet with school administrators where the purpose of the meeting includes possible disciplinary actions against the educator, prior to the meeting the educator should (1) ask whether the meeting may involve possible disciplinary action against the educator, and (2) request a representative of the association be present during the meeting if (a) the educator was told disciplinary action was a possible result of the meeting or (b) the administrator refused to tell the educator whether the meeting might result in disciplinary action. If a law enforcement officer or DCFS investigator requests a meeting with an educator, the educator should first find out whether the meeting involves allegations of child abuse against the educator. If it does, the educator should not meet with the law enforcement officer or the DCFS investigator without first consulting with his/her UniServ director or the UEA attorney. While law enforcement officers must first give a person their Miranda rights, DCFS investigators do not. Several educators have learned to their regret the statements they gave to DCFS investigators could be and were used against them.