67-26-203.  Abusive conduct — Training — Policy.

(1)  As used in this section:

Terms Used In Utah Code 67-26-203

  • 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
  • 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
  • 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
  • Psychological harm: means the impairment of an individual's mental health, as established by competent evidence. See Utah Code 67-26-102
    • (a)  “Abusive conduct” means verbal, nonverbal, or physical conduct of a covered employee to another covered employee of the same covered 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 a covered employee’s known physical or psychological disability.

    (b)  “Covered employee” means:

    (i)  for the judicial branch, a judge or an employee of the judicial branch; or

    (ii)  for a higher education entity, each governing member and each employee of the higher education entity.

    (c)  “Covered employer” means:

    (i)  the judicial branch; or

    (ii)  a higher education entity.

    (d)  “Higher education entity” means an entity within the Utah System of Higher Education, including each member institution, the Utah Board of Higher Education, and the office of commissioner of higher education.

    • (2)  The judicial branch shall, beginning on January 1, 2021:

    (a)  provide annual training to all covered employees on abusive conduct in the workplace; and

    (b)  implement a policy prohibiting, and for reporting and resolving, abusive conduct within the judicial branch.

    (3)  Each higher education entity shall, beginning on January 1, 2021:

    (a)  provide annual training to all covered employees on abusive conduct in the workplace; and

    (b)  implement a policy prohibiting, and for reporting and resolving, abusive conduct within the higher education entity.

    (4)  The judicial branch and each higher education entity shall, before May 1, 2021, submit to the Government Operations Interim Committee a copy of the policies described in Subsections (2)(b) and (3)(b).

    Enacted by Chapter 155, 2020 General Session

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