Aggravating factor definition

Aggravating factor means a factor that may be considered in determining Sanctions. Aggravating Factors may include, but are not limited to, the degree of premeditation and/or planning on the part of the Responding Party’s behavior, the nature of the violation, the severity of any resulting damage, injury, or harm, providing false information in the resolution process, and the past disciplinary record of the Responding Party.

Aggravating factor means conditions or events related to a police misconduct violation that may increase the seriousness of the violation and degree of penalty as specified in the Uniform State Disciplinary Matrix.

Aggravating factor means any evidence or information that might warrant addressing alleged Discriminatory or Harassing conduct as a more serious violation of this AP or justify imposing a particular (or harsher) Disciplinary Sanction for a particular violation, including, but not limited to, a history of prior violations by the Respondent, the degree of damage or caused by Respondent’s misconduct (including physical and emotional damage to the Complainant or another member of the College Community), whether the misconduct was planned or spontaneous (i.e., “a crime of passion”), whether the misconduct demonstrates callous disregard or disrespect for others or the College, and whether the Respondent demonstrates a lack of remorse or refuses to accept personal responsibility for the misconduct.

Examples of Aggravating factor in a sentence

• If the judge applies the catchall Aggravating Factor #11 or Mitigating Factor #10, then the judge must state on the record what substantial and compelling basis he or she found that was comparable in gravity to the enumerated aggravating and mitigating factors.

• Similarly, the judge may use the “catchall” departure (Aggravating Factor #11; Mitigating Factor #10) if the judge finds another substantial and compelling reason, comparable in gravity to the enumerated factors, that aggravates/mitigates substantially the seriousness of the offense or the defendant’s culpability.

• The only exceptions to this rule are Aggravating Factor #10 and Mitigating Factor #11, which allow the judge to depart if the application of the rules for consecutive or concurrent sentencing result in a sentence that is too lenient or too harsh respectively.

• If the judge uses the catchall (Aggravating Factor #11; Mitigating Factor #10), then the judge must more specifically state what factor s/he found that was substantial and compelling and of equal gravity to the enumerated aggravating and mitigating factors.

• However, the judge found Aggravating Factor #2, that the defendant assaulted a victim who was "…particularly vulnerable due to age or reduced physical or mental capacity." As a result, the judge can sentence above the higher number of months in the sentencing range (66 months) by stating that he or she found a substantial and compelling aggravating factor to depart upward.

More Definitions of Aggravating factor

Aggravating factor means abusive conduct if the conduct exploited an employee's known psychological or physical illness or disability. A single act will not constitute abusive conduct unless the conduct is an especially severe and egregious act.

Aggravating factor. MEANS EVIDENCE THAT A VIOLATION

Aggravating factor means any evidence or information that might warrant addressing an alleged Academic Integrity Code violation as Major Academic Violation or justify imposing a harsher Integrity Code Sanction for a particular violation, including, but not limited to, a history of prior violations; whether the violation demonstrates callous disregard or disrespect for an Instructor, other Students, the principles of Academic Integrity, or the College; and whether the Student demonstrates a lack of remorse or refuses to accept personal responsibility for the violation.

Aggravating factor means any factor that would support a more severe Sanction being imposed. For example, where a Student has committed the same or similar Misconduct on more than one occasion;

Aggravating factor means a specific circumstance that increases the risk of harm to a child and may result in a shorter investigation response time.

Aggravating factor means any evidence or information that might warrant addressing an alleged Code of Conduct violation as Major Misconduct or justify imposing a harsher Responsive Measure for a particular violation, including, but not limited to, a history of prior violations by the Student, the degree of damage or caused by Student’s misconduct (including physical and emotional damage to another member of the College

Aggravating factor means any conduct described in Liq 602.02 (c).