Utah Admin. Code R270-1-22 - Misconduct

(1) Pursuant to Subsections 63M-7-502(23) and 63M-7-512(1)(b), the office shall consider misconduct to be:

(a) conduct which contributed to the victim's injury or death; or

(b) conduct which the victim could have reasonably foreseen could lead to injury or death.

(2) In determining whether the victim engaged in misconduct, the reparations officers shall consider any behavior of the victim that may have directly or indirectly contributed to the victim's injury or death including:

(a) consent;

(b) provocation;

(c) verbal utterance;

(d) gesture;

(e) incitement;

(f) prior conduct of the victim; or

(g) the victim's ability to have reasonably avoided the incident upon which the reparations claim is based.

(3) When determining whether the victim engaged in misconduct, reparations officers shall not consider:

(a) any behavior or action of any victim that is committed by the victim while under the duress or experience of threat, exploitation, coercion or any circumstance absent the victim's own willful desire to participate; or

(b) any behavior or action committed or perceived to have been committed by the victim of any sex crime.

Notes

Utah Admin. Code R270-1-22

Amended by Utah State Bulletin Number 2015-18, effective 8/21/2015 Amended by Utah State Bulletin Number 2016-22, effective 10/24/2016 Amended by Utah State Bulletin Number 2017-13, effective 6/7/2017 Amended by Utah State Bulletin Number 2022-01, effective 12/22/2021 Amended by Utah State Bulletin Number 2023-24, effective 12/8/2023