Works to resolve complaints of unlawful discrimination and unlawful harassment through formal investigation or alternative resolution.
Abusive Conduct in the Workplace
Abusive conduct compromises the vital mission of the University to educate students and serve the residents of California by interfering with an individual’s participation in or benefit from instructional, research, employment, or other programs sponsored by the University. Abusive conduct also undermines the University’s ability to achieve inclusive excellence. It is therefore essential that all members of the University community understand the risk that abusive conduct poses to the University’s ability to thrive as an institution.
On December 16, 2022, President Drake issued the new Presidential Policy on Abusive Conduct in the Workplace, which is effective January 1, 2023. The policy underscores the University’s commitment to promoting and maintaining a healthy working and learning environment in which every individual is treated with respect.
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University of California Presidential Policy on Abusive Conduct in the Workplace |
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UC San Diego Interim Abusive Conduct Policy Implementation Procedures |
Resources
UC San Diego has resources dedicated to assisting employees if they encounter bullying in the workplace, also see the policy links above as well as the information provided on this page.
What is Workplace Bullying/Abusive Conduct?
California legislation (Assembly Bill 2-53) defines abusive conduct as:
Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.
Abusive Conduct is harassing or threatening behavior that is sufficiently severe, persistent, or pervasive conduct in the Workplace that denies, adversely limits, or interferes with a person’s participation in or benefit from the education, employment, or other programs or activities of the University. The conduct creates an environment, whether intended or not, that a reasonable person would find to be intimidating or offensive and unrelated to the University’s legitimate educational, employment, and business interests.
Who Bullies?
Workplace bullying often involves an abuse or misuse of power. However, many bullying situations involve employees bullying their peers. In some cases, subordinates may bully “up.” An individual may bully one or more other employees. A group may also bully an individual.
Examples of Bullying/Abusive Conduct Behavior
Language or behavior that frightens, humiliates, belittles or degrades the recipient or target may be part of a pattern of workplace bullying. For example:
- Persistent or egregious use of abusive, insulting, or offensive language
- Aggressive yelling or shouting
- Unwarranted physical contact or threatening gestures
- Making repeated negative comments about a person’s appearance, lifestyle, family, or culture
- Regularly inappropriately teasing or making someone the brunt of pranks or practical jokes
- Circulating inappropriate or embarrassing photos or videos via email or social media
Behavior that undermines a person’s work performance, working relationships, or perceived value in the workplace may also be part of a pattern of bullying. For example:
- Unnecessarily interrupting or disrupting someone’s work; inappropriately interfering with a person’s personal property or work equipment
- Repeatedly discounting a person’s statements in group meetings; unfavorably comparing one person to others
- Blaming a person for problems they did not cause
- Taking credit for another’s contributions
- Spreading misinformation or malicious rumors
- Purposefully inappropriately excluding, isolating, or marginalizing a person from normal work activities
When the bully is a supervisor, the pattern may also include:
- Assigning tasks that are beyond a person’s skill level
- Establishing unrealistic timelines, or frequently changing deadlines
- Denying access to information, consultation, or resources
- Excessively monitoring an employee’s work
- Giving feedback in an insincere or disrespectful manner
- Repeatedly reminding someone of past errors or mistakes
- Inconsistently following or enforcing rules, to the detriment of an employee
- Ignoring an employee, or isolating them from others
- Denying equal access to earned time off
Evaluating Abusive Conduct
Conduct shall be evaluated taking into account the circumstances of the parties, relationship between the parties (including power imbalance); the frequency, nature and severity of the alleged conduct; whether the conduct was physically threatening; and whether the conduct may be protected as academic freedom or free speech.
A single act may constitute Abusive Conduct, if especially severe or egregious.
Conduct and Academic Freedom
When the alleged conduct involves issues related to academic freedom, the applicable University Office will consult with the appropriate academic officer for relevant academic judgment.
"Reasonable Person" Standard
In determining whether the conduct at issue rises to the level of Abusive Conduct, the standard of “reasonable person” should be used.
This standard is whether a reasonable person in the same or similar circumstances would find the conduct hostile or offensive in the Workplace given the totality of the circumstances. Although the intention of the person responsible for the conduct may be considered, it is not determinative. When evaluating the conduct at issue, the parties’ perspectives and circumstances should be considered.
Cost of Bullying/Abusive Conduct in the Workplace
Directly or indirectly, workplace bullying affects everyone: individuals, work groups, and entire organizations.
How bullying affects individuals
Research has shown that victims of bullying may experience significant stress-related health problems, including:
- Insomnia
- Anxiety
- Depression
- Digestive disorders
- Musculoskeletal problems
- Cardiovascular illness
How bullying affects work groups
People who witness a pattern of bullying may be subject to some of the same health problems as those who are directly targeted. In addition, those who work in an environment where bullying takes place are likely to experience:
- Decreased morale, productivity and job satisfaction
- Reluctance to speak up about problems of any kind
- Lack of motivation to contribute their best work or offer suggestions for improvement
How bullying affects organizations
At an organizational level, the effects of bullying can be measured financially and reflected in public image. To the University, bullying can mean:
- Attrition of skilled employees
- Higher rates of absenteeism
- Greater number of Workers’ Compensation claims
- Diminished quality of services
- Damaged reputation
- Difficulty attracting the most highly qualified employees
Differentiating Abusive Conduct
Abusive conduct differs from performance management, harassment/discrimination, and retaliation.
Additionally, Workplace bullying does not include reasonable management action taken to direct and control how work is done, to monitor workflow and give feedback on workplace performance. The exercise of legitimate authority, administered in a professional and constructive manner, cannot be classified as bullying. A “demanding” supervisor who sets high standards and provides the resources needed to meet them is not a bully.
Performance Management
Performance management is a process by which clear expectations and goals are set while providing needed resources, monitoring progress, and offering constructive feedback.
Abusive conduct may include tactics that turn effective performance management upside down – such as being unclear about (or frequently shifting) goals, denying access to resources, ignoring or over-monitoring progress, and giving feedback in an insincere or disrespectful manner.
Harassment and Discrimination
Harassment is a type of illegal discrimination and is defined as offensive and unwelcome conduct, serious enough to adversely affect the terms and conditions of a person’s employment, which occurs because of the person’s protected class. Protected classes, under UCI policy, include race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or services in the uniformed services as defined by the Uniformed Services Employment and Reemployment Act of 1994.
Abusive conduct frequently occurs without consideration or awareness of the target’s membership in a protected class.
Retaliation
Retaliation is an adverse action taken against an individual based on their report of Abusive Conduct or participation in an investigation or other resolution process provided for in this policy. An adverse action is conduct that would discourage reporting Abusive Conduct or participating in a process provided for in this policy, and includes but is not limited to threats, intimidation, or coercion.
Abusive conduct often occurs independent of any formal complaint or apparent provocation on the target’s part.
What To Do When Targeted By Bullying/Abusive Conduct
When individuals respond quickly and consistently to bullying/abusive conduct they send the message that it is not acceptable.
Members of the university community can help prevent bullying/abusive conduct by staying informed, taking action, and observing university-wide strategies.
Inform Yourself
For many people, there is some relief in simply recognizing that they are being bullied and that help is available.
Understanding how abusive conduct is defined is an important foundation for action. If you have not already done so, please take the time to read the "What is Workplace Bullying/Abusive Conduct?" section of this website.
Take Action
Taking action does not mean you have to confront the bully. It means identifying specific, manageable steps you can take to address the problem, and beginning to take those steps. As a first step, consider making an appointment with a campus resource person appropriate to your situation for assistance in mapping out a strategy.
Depending on the circumstances, your strategy may include:
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- Minimizing your exposure (and/or modifying your response) to the bullying behavior
- Documenting incidents of bullying
- Seeking counseling to strengthen your coping skills as you carry out your plan
- Reporting the problem to your supervisor or another appropriate authority
Document Incidents of Bullying/Abusive Conduct
By definition, bullying is a pattern of behavior, sustained over time. When viewed in isolation, individual acts of bullying may not seem significant. Effective documentation will describe specific incidents, show the pattern they create, and make clear the detrimental impact on individual and organizational effectiveness.
The following template is designed to help you capture the most useful information in a relatively concise format. You may also want to save emails or voice messages that demonstrate the problem.
TEMPLATE
Date, time, place, who was present
What happened? Words, volume, tone; gestures, facial expression, body language
How did it affect you – at the time, and later?
How did it affect others?
Has it happened before? Is it part of a pattern? What does the pattern look like?
Tips for Targets or Bullying/Abusive Conduct: Seek Counseling to Strengthen Your Skills
Most UC San Diego employees have access to counseling through the Employee Assistance Program (EAP). EAP services are confidential, voluntary, and accessible. For contact information, refer to the "Additional Campus Resources" section below.
Reporting the Problem
Depending on the circumstances, you may choose to approach the supervisor of the alleged bully, or another manager or supervisor who knows and values your work. If you decide to arrange such a meeting, here are some suggestions to help you achieve the best outcome.
Before the meeting
- Outline your presentation. Prepare to address each of the following points:
- What is the pattern of behavior?
- How long has it been going on?
- How is it affecting your ability to do your job effectively?
- What is the impact on the work group, unit, or department?
- What, if anything, has been done to address the problem, and what has been the result?
- Organize your documentation
- If no record exists, sit down with a calendar and piece together your memories of each incident
- Ask co-workers who have witnessed the bullying to recount their memories
- Record the address or print relevant sections from this website
At the meeting
- Use a calm voice and confident body language
- Provide a brief overview of the problem. Avoid exaggeration.
- Emphasize your credibility
- Your record as a productive employee
- Your ability to get along with others
- Acknowledge that the bully may not be aware of the impact of his or her actions
- Ask if the listener has questions or needs further clarification
- Provide names, if you have them, of other employees who have been bullied and would be willing to discuss the problem
- Ask what action will be taken and / or when you may contact the person to follow up
Campus Resources
UC San Diego has a number of resources dedicated to assisting employees if they encounter bullying in the workplace.
| UC San Diego Faculty and Staff Assistance Program (FSAP) |
The Faculty and Staff Assistance Program (FSAP) is a confidential Employee Assistance Program (EAP) which helps campus faculty and staff, all Postdoctoral and Visiting Scholars, UC San Diego emeriti and retirees resolve concerns affecting personal well-being and/or job performance. Support for campus leaders, managers and supervisors; connections to local resources; and collaboration with HR units and other campus partners are also services provided by our team of licensed, professional counselors. |
| UC San Diego Center for Faculty Success and Engagement (FSE) | The Center for Faculty Success and Engagement (FSE) works collaboratively to cultivate an academic culture of support, growth, collaboration and collegiality at UC San Diego, where all can succeed and advance. |
| UC San Diego Faculty Peer Mediation Program |
The Faculty Peer Mediation Program provides an alternative dispute resolution process for faculty at UC San Diego. The goal of the Program is to empower faculty to resolve interpersonal disagreements with civility and respect, and to support a healthy and collegial workplace environment. |
| UC San Diego Office for Prevention of Harassment & Discrimination |
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| UC San Diego Academic Senate and Tenure Committee |
This committee considers grievances filed by Senate members regarding alleged violations of their rights and privileges, and allegations of faculty misconduct filed by the Administration. It advises the Administration and the Division on general policies involving privilege and tenure of Senate members.
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| UC San Diego Office of the Ombuds |
The UC San Diego Office of the Ombuds provides confidential, neutral, and informal dispute resolution services for the UC San Diego community. |
| UC San Diego Academic Employee & Labor Relations |
Academic Personnel Services provides proactive problem solving for departments and divisions in situations involving issues of faculty conduct, faculty performance, and faculty complaints about discrimination or unfair treatment. This program serves campus administrators seeking resolution for academic personnel performance, attendance, and behavioral issues. |
| UC San Diego Labor Relations |
The primary objective of this division of Human Resources is to act as consultant and advocate to campus administration in the area of labor relations in support of the proper exercise of collective bargaining processes and overall procedures for formal conflict resolution. |
What To Do About Bullying/Abusive Conduct as a Supervisor or Manager
Supervisors and managers should maintain a workplace free from bullying and abusive conduct. This includes handling reports of bullying in a timely and effective manner while taking interim steps to alleviate and address bullying in the workplace among subordinates.
Inform Yourself
As a manager or supervisor, it is your responsibility to recognize bullying and abusive conduct when you see it and take action to intervene.
Assess the Problem
Keep in mind that most people will not openly engage in bullying behavior when managers or supervisors are present. For this reason, you will probably have to rely on the target and other employees to bring the problem to your attention.
When an employee comes to you with a complaint, it will be up to you to determine whether the behavior being described fits the pattern of abusive conduct/bullying.
Here are some useful questions to use with employees presenting complaints, to help you determine whether a pattern of bullying exists.
- What is the behavior?
- How often does it occur?
- In what circumstances?
- When did it start?
- How does it affect you? [At work? Outside of work?]
- What has been your response?
- Are others affected? How?
Support the Target
Once you have determined that a pattern of abusive conduct/bullying may exist – what steps can you take to support the target of the behavior? While each situation may differ in its details, here are some generally useful guidelines.
- Assure the target that you will take action to intervene, while protecting his or her anonymity.
- Ask whether others have seen or experienced the abusive conduct/bullying behavior; if so, ask for their names.
- Agree on a plan to protect the target from further abusive conduct/bullying. (Sample components: a third person is always present when the two meet; work responsibilities are reassigned; communication guidelines are established for the entire work group; etc.).
- Provide contact information for the Employee Assistance Program, and encourage the target to make use of this confidential resource for individual support as needed.
- Check in at regular intervals to ensure that the problem is under control and the employee feels supported.
Address the Behavior
When bullying behavior occurs, it is important to address it as soon as possible. The longer a pattern of bullying is allowed to continue, the greater the impact to the employee and work group.
Be prepared before approaching the alleged bully. You may wish to make a few notes to keep your conversation on track. Consider consulting with your Employee Relations Analyst about how to frame the problem, and/or with Campus Conflict Resolution Services for help putting your thoughts into words that the alleged bully may find easier to hear.
Here are some general guidelines.
When speaking with the alleged bully, be calm, direct, and firm.
- Describe the problematic behavior in objective terms.
Example: “I noticed that each time our new staff member spoke during the meeting, you raised questions about her judgment or made unfavorable comparisons between her and her predecessor.” - Explain why you see it as a problem.
Example: “I’m concerned that this may undermine her confidence, and put a damper on free and full participation in our meetings.” - Be specific about what change(s) you would like to see.
“I would like you to avoid making unfavorable comments like these in future meetings, and to come to me instead if you have concerns about this staff member’s performance.” - Explain that you will continue to monitor the situation and provide feedback.
- Caution the alleged bully against retaliatory behavior towards the target.
After you describe the problem, ask for the alleged bully’s thoughts. Be prepared to respond to denial and blame.
- Denial: “I don’t think anything like that was going on.”
Response: “Well, whether it happened this time or not, I don’t want to see it in the future.” - Blame: “That person is such an idiot – she really has nothing to contribute.”
Response: “Regardless of what you think of your coworker, I expect you to treat her with civility and respect. ”
Following your meeting with the alleged bully, monitor progress and give feedback -- positive or negative -- as soon as you have the opportunity.
- Positive: “I noticed a big change at the meeting today . You refrained from making negative comments about X, and I think the discussion opened up as a result. Thanks very much for making the effort.”
- Negative: “Again at today’s meeting you made unfavorable comparisons between X and her predecessor. This is not acceptable, and it needs to stop.”
If the behavior continues to be a problem, notify the person that you plan to address it through performance management.
You may also encourage the person to take advantage of the EAP program, for support in the process of modifying their behavior.
Pitfalls to Avoid
- Avoid being too general about the problem.
“We could all hear you yelling at X” is a more direct and powerful message than “You should be nicer to him.” - Avoid confusing the person with the conduct.
“This [specific] behavior is a problem” is a more useful statement than, “You need to change.” - Avoid identifying those who approached you about the problem.
“Several people have brought this to my attention,” “A number of people have observed,” or “I have personally noticed” are all ways of protecting anonymity.
Engage the Work Group
The impact of workplace bullying is usually not limited to an interaction between two people. Often, the entire work group is affected by the problem, and they must be part of the solution. Here are some ideas to consider.
- Invite employees to participate in the workshop on workplace bullying offered by Staff Training and Development
- Review the Principles of Community or other performance expectations, discuss how they translate into action, and ask everyone to renew their commitment.
- Encourage reporting of bullying behavior, and ensure confidentiality.
Remember as a manager, you have significant influence over the culture and climate of your workgroup. Resources are available to support you in turning around unhealthy workplace dynamics.