Even though a judge acquitted Jose Bernardo Fanjul of having sex with a student, he may not be able to go back to teaching.
"I think there's going to be some discipline," said Utah State Office of Education attorney Carol Lear.
Fanjul, 46, was a history teacher at West High School in Salt Lake City. He has been on unpaid administrative leave since September, when he was accused of sexual misconduct with a 16-year-old female student. He was acquitted of all charges on Friday.
A teacher can be found not guilty by the courts but still lose his license if found unfit to teach by the Professional Practices Advisory Commission. Fanjul's hearing before that group will likely take place sometime at the end of the summer — possibly September, said Lear, who is also the executive secretary of the commission.
"Our question is, 'How professional was his conduct?' " Lear said of Fanjul.
"Is it more likely than not that there was unprofessional behavior? Of course there was — just what we heard (in court)," Lear told the Deseret News.
She sat through some of Fanjul's court proceedings and recalls statements about him going out for food with students and text messaging them.
"That kind of student-teacher relationship just fosters these kinds of problems," she said. "What are you thinking?"
When considering a teacher's license, evidence is brought to the commission, which can issue discipline ranging from a letter of reprimand to probation. In more serious instances, the commission recommends to the State Board of Education suspension or revocation of a teacher's license.
Hearsay is admissible in administrative hearings, Lear points out. "Our standard is preponderance of the evidence standard," she said.
Opinions of West High School students differ on whether Fanjul should be allowed back to teach at their school.
Daniel Catalan, 16, who will be a junior this fall at West High, said he believes Fanjul should be allowed back. "He was a good teacher and wanted the best for us," Catalan said. "He told me I could be something and to not throw my life away. He was cool, and we miss him around here."
Nella Bee, 16, who will be also be a junior this fall, said if Fanjul got his license back and returned to teach, she wouldn't want to be in his class.
"He was really nice when we needed help," Bee said. "But if I got him as a teacher, I wouldn't want to go. It would be too weird."
Kristen Mitchell, 15, who will be a sophomore this fall, said she believes Fanjul should get his old job back. "They didn't find him guilty, so why should they withhold his job?" she said.
The Professional Practices Advisory Commission, which consists of nine educators and two community members, serves in an advisory role to the State Board of Education. After an investigation by a State Office of Education attorney, the commission may conduct an administrative hearing. The educator has the right to appeal the decision to district court. There have been only a few teachers in 15 years who have appealed, Lear said.
About half of the teachers who have their licenses suspended for six months or more, or revoked for years, attempt to get their license back. About 90 percent of those requests are granted.
Once a teacher has lost his or her license, it's a rigorous procedure to get it back. They have to show extensive and long-term counseling, make restitution and satisfy all court requirements, which could be probation or court fees.
E-mail: astewart@desnews.com