Recommendations for Proposed Policy Regarding Abusive Conduct in the Workplace

Recommendations for Proposed Policy Regarding Abusive Conduct in the Workplace

RutheBoyea Women’s Center

Spring 2013

1)Include definitions of Professional Workplace Behavior: MCPR

PROFESSIONAL WORKPLACE BEHAVIOR: Action and conduct that supports the values and mission of the county and builds positive relationships with others, including respectful communications and accountability for maintaining a professional workplace.

INAPPROPRIATE AND/OR ABUSIVE WORKPLACE BEHAVIOR: Unwelcome or unwanted conduct or behavior that objectively causes a negative impact or disruption to the workplace or the business of the county, or results in the erosion of employee morale and that is not associated with an employee’s protected class status under federal, state or county laws or regulations. Protected classes are enumerated in MCPR § 3-40-020.

2)Include examples of what abusive behavior is and is not:

Examples of inappropriate workplace behavior include, but are not limited to,commentsorbehaviorstoorfrom anindividualorgroupthatdisparage,demean,threaten, intimidate,humiliate,abuseauthority,sabotage work,orshowdisrespectforanotheremployee. Interferes with an individual’s legal rights of movement or expression.

Inappropriate workplacebehavior does not include:

A direct or assertive style, including high workplace expectations; Differences of opinion and non-aggressive conflicts and problems in working relations; legitimate responses to situations that require immediate action and may require a stern and frank conversation;

3)Include Alternative Reporting Options:

Addressing Inappropriate Workplace Behavior

(1) Managers or supervisors should address inappropriate behavior that they

observe, experience, or become aware of, and should do so as close to the time of the occurrence

as possible and appropriate.

(2) If an employee observes or experiences inappropriate workplace behavior

and the employee feels comfortable in doing so, they should directly address the behavior by:

(a) Redirecting inappropriate conversations or behavior to workplace

business; and/or

(b) In a private setting, telling an offending employee his/her behavior

is offensive and asking him/her to stop.

(3) If an employee observes or experiences inappropriate workplace behavior

and does not feel comfortable addressing the issue directly with the person who is exhibiting the

behavior, he/she should report the situation as outlined formal policy.

Eastern Washington Policy:

4-2. Informal Complaint Process

The goal of the informal process is to resolve bullying complaints at the lowest level and as quickly as possible.

a. Methods: The following methods of informal resolution are available:

(1) Ask your supervisor or a co-worker to intervene on your behalf.

(2) Engage in an informal meeting with the alleged offender and his/her supervisor or manager

(3) Request Mediation with the alleged offender.

Mediation will be performed through the use of a neutral third party. The office of Human Resources,Rights and Risk may be contacted for assistance in identifying a mediator.

b. Mediation: To conduct mediation, the designated mediator will:

(1) Notify all parties named that there has been a request for mediation.

(2) Conduct, if appropriate, a meeting with all parties. While this stage is not required, in many cases a meeting with the independent mediator can assist the parties in understanding their differing points of view and can lead to constructive resolution of the issues.

(3) Convene a mediation conference.

(a) The calling of a mediation conference does not imply there is a case to answer or that any

conduct complained of has occurred. It is not the mediator’s role to make a formal finding but

to assist the parties to reach a mutually agreed resolution to the problem.(b) Each party is encouraged to have a support person of their choosing present during the mediation process. This precludes legally

trained representative at this stage.

(4) Document the outcome of the process. Use of the informal process does not restrict the

complainant from the formal complaint process. If the informal process is unsuccessful or no longer an option, the formal process is available to resolve the complaint.

4) Develop a Respectful Workplace Policy:Memorial University of Newfoundland.

1. RESPECTFUL WORKPLACE VALUES
In its workplace, Memorial's goal is to ensure that all employees share the following values:

• We respect and accept the fact that we are all different from one another.

• We respect and value the views and opinions of others, even though they may differ from our own.

• We respect and value the contributions of all members of our employee community, regardless of level or role in the organization.

• We respect the needs, views and expectations of our students, members of the general public and others who study, work, or visit our community.

• We respect the property and personal interests of those around us, including those of the University itself.

Every employee has the right to work in a respectful workplace.

2. GUIDING PRINCIPLES
The University will be guided by the following principles in promoting a respectful workplace and in providing the processes and mechanisms necessary to ensure that issues or problems in this area are addressed in a sensitive, effective and timely manner.
2.1 All employees are entitled to work in an environment which stresses acceptance, values diversity, and is free from any form of harassment.

2.2 All employees share a responsibility for ensuring a respectful workplace..

2.3 Employees who believe that they have been affected by a violation of this Policy will have access to immediate assistance.

2.4 Interventions should utilize informal and mediation-based approaches to conflict resolution wherever it is feasible to do so.

It is important that employees affected by a respectful workplace issue have a formal process of complaint resolution available to them if it is needed.If possible, however, such issues should be resolved without relying on formal, adversarial complaint procedures. Conflict resolution which is achieved through an informal, facilitated/mediated process of mutual problem solving usually produces more effective results. It is therefore desirable that the parties involved be given the opportunity to resolve their differences in this manner, with the assistance of trained personnel available from within the University community.

2.5 Memorial will have proactive measures to ensure that all employees are aware of the responsibilities under this policy.

4)Include False Reports: Washington University in St. Louis

Knowingly False or Malicious Complaints:

Accusations of abusive conduct typically have injurious and far-reaching effects on the careers and lives of accused individuals. Therefore allegations must be made in good faith and not out of malice. Knowingly making a false or frivolous allegation will not be tolerated and will subject the person making such a report to disciplinary action.

5)Include Authority Statement:

Abusive conduct is behavior that creates an intimidating environment and is likely to interfere with an individual's work or education. This conduct can be verbal, visual, physical, or communicated in writing or electronically. Such conduct is typically directed against a particular individual or individuals. It includes, but is not limited to, situations where one person has authority over another. In such situations, abusive conduct is particularly serious because it may unfairly exploit the power inherent in a faculty member's or supervisor's position.