67-26-102.  Definitions.
     As used in this chapter:

(1) 

Terms Used In Utah Code 67-26-102

  • Abusive conduct: means verbal, nonverbal, or physical conduct of an employee to another employee of the same employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine:
(i) is intended to cause intimidation, humiliation, or unwarranted distress;
(ii) results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or
(iii) exploits an employee's known physical or psychological disability. See Utah Code 67-26-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Division: means the Division of Human Resource Management. See Utah Code 67-26-102
  • Employee: includes an elected or appointed official of an employer. See Utah Code 67-26-102
  • Employer: means :
    (a) a state executive branch agency; or
    (b) an independent entity, as defined in Section 63E-1-102. See Utah Code 67-26-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Office: means the Career Service Review Office created under Section 67-19a-201. See Utah Code 67-26-102
  • Person: means :Utah Code 68-3-12.5
  • Physical harm: means the impairment of an individual's physical health or bodily integrity, as established by competent evidence. See Utah Code 67-26-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Psychological harm: means the impairment of an individual's mental health, as established by competent evidence. See Utah Code 67-26-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State executive branch agency: includes an agency under the authority of the governor, lieutenant governor, state treasurer, state auditor, or attorney general. See Utah Code 67-26-102
    • (a)  “Abusive conduct” means verbal, nonverbal, or physical conduct of an employee to another employee of the same employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine:

    (i)  is intended to cause intimidation, humiliation, or unwarranted distress;

    (ii)  results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or

    (iii)  exploits an employee’s known physical or psychological disability.

    (b)  “Abusive conduct” does not mean a single act unless the act is an especially severe and egregious act that meets the standard described in Subsection (1)(a)(i), (ii), or (iii).

    • (2)  “Abusive conduct complaint process” means the process described in Section 67-26-202.

    (3)  “Administrative review process” means a process that allows an employee, in relation to the findings of an abusive conduct investigation, to seek an administrative review that:

    (a)  an employer conducts in accordance with Section 67-26-202; or

    (b)  in relation to a state executive branch agency, the Career Service Review Office conducts in accordance with Section 67-19a-501.

    (4)  “Division” means the Division of Human Resource Management.

    (5) 

    (a)  “Employee” means an employee of an employer.

    (b)  “Employee” includes an elected or appointed official of an employer.

    (6)  “Employer” means:

    (a)  a state executive branch agency; or

    (b)  an independent entity, as defined in Section 63E-1-102.

    (7)  “Office” means the Career Service Review Office created under Section 67-19a-201.

    (8)  “Physical harm” means the impairment of an individual’s physical health or bodily integrity, as established by competent evidence.

    (9)  “Psychological harm” means the impairment of an individual’s mental health, as established by competent evidence.

    (10) 

    (a)  “State executive branch agency” means a department, division, office, bureau, or other organization within the state executive branch.

    (b)  “State executive branch agency” includes an agency under the authority of the governor, lieutenant governor, state treasurer, state auditor, or attorney general.

    (c)  “State executive branch agency” does not include the Utah System of Higher Education or an independent entity, as defined in Section 63E-1-102.

    Amended by Chapter 344, 2021 General Session

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