Assembly Bill 2053 – Description of Bullying

“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 or 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.”

The most effective tools against bullying are below:

• Prevention
• Early identification and intervention
• Strategy for fact-based documentation of bad behavior

• Set the tone – clearly communicate expectations to faculty
• Assess climate regularly
• Create a culture of safety, respect, and inclusively
• Be approachable – maintain an “open door,” but also maintain confidentiality
• Address & respond to repeated reports of unwanted behavior immediately
• Investigate any charges; interview the parties
• Report to appropriate offices and contact campus SMEs as appropriate
• Watch for signs of retaliation

In general, the following types of interactions would not be defined as bullying (not an exhaustive list):

• Providing objective, constructive appraisals of performance and work
  performed, such as supervising research staff
• Coaching, providing informative feedback to students, staff, or other
  academics
• Interacting with staff or other academics in activities such as planning,
  project management, or performing the duties required of a Principal
  Investigator, or other supervisor

Not all bullying is the same. Abusive conduct may include physical, verbal, or written acts or behaviors, such as:

• Using abusive or insulting language
• Making inappropriate threats to block a person’s academic or other advancement, opportunities, or continued employment at the University
• Behaving or speaking in ways that frighten, humiliate, belittle, or degrade the recipient
• Intentionally spreading misinformation or malicious rumors
• Making repeated inappropriate comments about a person’s appearance, lifestyle, family, or culture
• Circulating inappropriate or embarrassing photos or videos via e-mail or social media
• Making unwarranted physical contact or inappropriately encroaching on another individual’s personal space
• Regularly teasing or making someone the brunt of pranks or practical jokes
• Interfering with a person’s personal property or work equipment
• Purposefully excluding, isolating, or nationalizing a person for normal work activities

UC San Diego is committed to providing a safe, supportive, responsive, and equitable environment for all employees.  All UC San Diego community members are expected to behave in ways that support the UC Principles of Community, meaning all members of the campus community are responsible for:

• Providing fair treatment for faculty, staff, and students
• Encouraging a climate of fairness, cooperation, and professionalism
• Fostering inclusiveness, respect, and a welcoming environment
• Promoting collaborative attitudes and actions

• Academic Senate Privilege and Tenure Committee
• Academic Personnel Faculty Handbook   
• Academic Employee Relations - Any concerns where advice is required regarding safe-guarding the department or university should be referred here.
• Audit & Management Advisory Services (AMAS) - A misuse of grant funding should be referred to AMAS with any supporting evidence/documentation.
• Campus Counsel
• Campus Police
• Campus Alternatives for Faculty Conflict Resolution 
• Center for Faculty Diversity and Inclusion (FDI) also has a Faculty Peer Mediation program that can assist in developing a resolution. The program is voluntary for each mediation participant.
• Community EAP (OPTUM)
• Equal Opportunity/ Nondiscrimination/Nonharassment
• General Campus & SIO: Faculty and Staff Assistance Program
• Health Sciences Faculty Affairs – Programs for Advising and Counseling
• Heath Sciences: Healer Education Assessment and Referral Program (HEAR) 
• Labor Relations
• Office of the Controller: Compliance & Ethics 
• Ombuds - The Office of the Ombuds is a confidential resource that can be used in
  seeking a resolution to bullying issues.
• Office for the Prevention of Harassment & Discrimination (OPHD) - Allegations of discrimination or harassment for protected characteristics should be referred to OPHD with any supporting evidence/documentation.
• Research Ethics Program
• UC San Diego Policy and Procedure Manual 
• University Policies on Nondiscrimination, Sexual Harassment, and Sexual Violence
• University Policies on Integrity of Research

Bullying differs from strictly defined harassment and discrimination. If a person is targeted because of certain protected characteristics, consult with the Office for the Prevention of Harassment & Discrimination (OPHD):

• Race, Color, National origin
• Religion, sex, gender identity
• Pregnancy
• Physical or Mental Disability
• Medical Condition (cancer related or genetic characteristics)
• Ancestry
• Marital status
• Age
• Sexual Orientation
• Citizenship
• Service in the Uniformed Services