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  • Ethical Practices Complaints

Ethical Practices Complaints

The information here is intended to be summary information only.  For additional detail about ethical practices complaints and disciplinary proceedings, see the Policy & Procedures Manual.

Per Utah Code 35A-13 Part 6, the Director shall revoke, suspend, or restrict the certification and/or recognition of an interpreter who

• does not maintain certification or recognition requirements
• engages in unprofessional conduct
• engages in unlawful conduct
• has been determined to be mentally incompetent
• is unable to provide interpretive services with reasonable skill and safety due to a variety of factors

Interpreters agree to abide by the Code of Professional Conduct (CPC).  If you believe an interpreter has violated the CPC, you may file a complaint with UIP regarding that interpreter’s behavior if

• you are a person who was using interpreters during the alleged incident
• you have a direct interest in the alleged incident.

UIP may also file on behalf of such individuals or in the interest of the State of Utah.

Complaints against interpreters certified by the Registry of Interpreters for the Deaf (RID) should be filed with both the Utah Interpreter Program and with RID.

To file an ethical practices complaint about an interpreter with UIP, click here. You can also file a complaint via video by sending a video or a link to a video to UIP@utah.gov. Your video must include the following information:

• Your contact information (Name, Phone/VP, and email)
• Interpreter Name
• Date of the incident
• Details of incident

To file an ethical practices complaint about an interpreter with RID, click here. 

Disciplinary Proceedings

The Ethical Practices Committee (EPC), acting under the direction of UIP, provides guidance to the USOR Director on items related to unlawful or unprofessional conduct as outlined in Utah Code 35A-13 Part 6.

Jurisdiction

The jurisdiction extends to all Utah-certified sign language interpreters, and all interpreters holding a current RID, NIC, NAD, or EIPA that has been recognized by UIP. Additionally, jurisdiction extends to any applicant for certification or recognition.

UIP will make all determinations regarding jurisdiction.

If applicable, the complaint will be referred to law enforcement or the Attorney General’s office, or in the event of unlawful conduct, as defined in Utah Code 35A-13 Part 6, a cease and desist order may be issued by the USOR Director.

Filing a Complaint

UIP accepts complaints in any accessible format including but not limited to written documents, email, video, etc. The complaint must be filed within 30 days of the alleged incident. The complaint must set forth the specific action or actions in question and the date, time, location, and name(s) of all individuals against whom unlawful or unprofessional violations are being alleged. 

Individuals needing assistance with filing a complaint may request accommodations through UIP.

Mediation

If the complainant and respondent both wish to seek mediation, they can do so at any point in the process by submitting the request in any accessible format to UIP.

Ethical Practices Review

If UIP determines it has jurisdiction, it will proceed with an Ethical Practices Review by the Ethical Practices Committee (EPC). UIP will document the complaint in a written brief and may meet with the complainant to obtain additional information. UIP will send the brief to the Chair of the EPC and to the respondent within 30 days of receiving the complaint.

The respondent has 30 days from the date the brief was sent to respond. The response can be given in any accessible format. The response must at a minimum address each relevant aspect of the allegations either by

• Admitting the unlawful or unprofessional conduct and providing any additional context
• Denying the unlawful or unprofessional and providing any additional context

Upon receipt or after the timeline has expired, the EPC will review the brief and the response and determine if further review is needed. If it is determined that it is needed, the EPC Chairperson will proceed with the review process. If it is determined that further review is not warranted, the complaint and respondent will be informed that the case has been closed and what action, if any, will be taken against the respondent.

Review Process

All reviews will be conducted by at least 3 members of the EPC, of which, one must be Deaf and one must be an interpreter. A review meeting will be scheduled within 14 days from the date the response is received, and the meeting held within 45 days.

The complainant or respondent may request additional members of the EPC to attend the review meeting. However, the Chairperson of the review will make the final decision as to whether or not more than three members will hear the complaint. 

The complainant and respondent may each invite a representative such as an advocate, legal assistant, legal counsel, etc., to assist them during the review proceedings. Representatives may participate in all proceedings. Either party may present any affidavits, documents, other written or video evidence, or present witnesses to give testimony as to any relevant aspect of the allegation(s) or defense asserted.

Reaching a recommendation

A majority vote is required to reach a recommendation. If the EPC decides against the respondent, it must immediately determine what discipline is recommended or what action will be required of the respondent.

Recommending Disciplinary Action

The determination of the type and severity of disciplinary action will depend on the severity and impact of the violations, and any prior ethical practices violations. There is a range of potential courses of action and the EPC Committee hearing the complaint may choose one, several, or choose to recommend no action. They may also choose to create a course of action tailored specifically to the circumstances of the particular complaint. 

Director Approval

Once the recommendation has been determined by the EPC, it will be submitted to the USOR Director for final approval. The USOR Director, in collaboration with UIP, may approve, send back to the EPC for further consideration, or make a different determination. Once the USOR Director has approved the final decision, the decision, including the minority report if applicable, will be sent via certified mail to the complainant and respondent.

Appeals

Once a decision has been reached, the complainant or respondent can appeal by requesting a formal hearing conducted by an Administrative Law Judge (ALJ) in the Division of Adjudication by submitting the request in any accessible format to UIP.