Abusive conduct in the workplace

View the University Administrative Policy 2,040: Abusive Conduct in the Workplace

Complaints of unlawful discrimination or harassment are taken seriously and will be dealt with promptly, thoroughly, impartially, and equitably. Where unlawful discrimination or harassment is found to have occurred, the NSHE institution or unit where it occurred will act to stop the unlawful discrimination or harassment, to prevent its recurrence, to remedy its effects, if any, and to discipline those responsible.

Complaints of unlawful discrimination or harassment should be filed as soon as possible with the Title IX coordinator, supervisor, department chair, or dean.

If anyone in a supervisory, managerial, administrative or executive role or position, such as a supervisor, department chair, or director of a unit, receives a complaint of unlawful discrimination or harassment, or observes or becomes aware of conduct that may constitute unlawful discrimination or harassment, the person must immediately contact the Title IX Coordinator to forward the complaint and/or provide information about the conduct, to discuss it and/or to report the action taken.

Abusive conduct in the workplace

Abusive Conduct in the Workplace complaints will be handled in a timely, fair, and impartial manner by the Center for Civil Rights and Equal Access. If abusive conduct is discovered to have taken place, the unit supervisor will take action to put an end to the behavior, prevent it from happening again, and address any consequences, if necessary.

The Title IX coordinator, supervisor, department chair, or dean should receive complaints of abusive conduct as quickly as feasible.

Anyone in a supervisory, managerial, administrative, or executive role or position, such as a director of a unit, department chair, or supervisor, must contact the Center for Civil Rights and Equal Access right away if they receive a complaint, or if they witness or become aware of behavior that might be considered abusive conduct. They must also provide all information about the behavior, and report any actions taken.

Any person may report abusive conduct, whether the person reporting is the person alleged to be the one affected by the conduct that could constitute a policy violation. Learn more about the complaint process.

Complaints are documented via online form

Under the Unlawful discrimination and harassment tab there are drop down menus, I would like to use these: Timeframes, Investigation of a complaint, Standard of review, Management determination, Confidentiality

Timeframes

Complaints of abusive conduct must be filed within the time frames stated below.

Holidays and weekends should be included in all calculations. If, however, the deadline falls on a weekend or holiday, the complaint may be filed on the next business day and still considered timely. Resources, to include actions commonly classified as “supportive measures,” are available to eligible employees notwithstanding the issue of timeliness.

All employment complaints alleging abusive conduct must be received by the Center for Civil Rights and Equal Access within 300 calendar days from the day the alleged act took place.

Investigation of a complaint

After receiving a complaint or information about the incident or behavior, the Title IX Coordinator or the primary officer, or designee, will initiate an investigation to gather information about the incident. If the Title IX Coordinator or the primary officer, or designee, is unable to initiate an investigation, due to a conflict or for any other reason, the president shall designate another individual to act as primary officer for the matter.

The individual filing a complaint of abusive conduct and the individual against whom a complaint is filed must be provided with a written explanation of their rights and options, including the range of available supportive measures, and written notification of services available on campus and in the community.

Upon receipt of a formal complaint, the Center for Civil Rights and Equal Access will conduct a prompt, thorough, impartial, and equitable investigation. The Center for Civil Rights and Equal Access will provide written notice to the parties who are known information as to the nature of the complaint, and shall further provide that the person filing the complaint and the person who is the subject of the complaint have equal rights to be interviewed, identify witnesses and provide documentation pertaining to the complaint. In most cases, an investigation should be completed within a reasonable time from receipt of the complaint or information about the conduct. At the completion of the investigation, findings will be made to the appropriate management level with final decision-making authority regarding the resolution of the matter.

Standard of review

The standard for evaluating complaints shall be a preponderance of the evidence (i.e., the evidence establishes that it is more likely than not that the prohibited conduct occurred).

Management determination

After the recommendation has been made, a determination will be made by appropriate management level with final decision-making authority regarding the resolution of the matter. If warranted, disciplinary action up to and including involuntary termination or expulsion may be taken.

Confidentiality

The Center for Civil Rights and Equal Access recognizes that confidentiality is important. However, in some limited circumstances confidentiality cannot be guaranteed. The administrators, faculty, or staff responsible for implementing this policy will respect the privacy of individuals reporting or accused of abusive conduct to the extent reasonably possible and will maintain confidentiality to the extent possible. Examples of situations where confidentiality cannot be maintained include, but are not limited to, necessary disclosures during an investigation, circumstances where the NSHE is required by law to disclose information (such as in response to legal process), or when an individual is in harm’s way.

Retaliation

Retaliation against an individual who in good faith complains of abusive conduct or provides information in an investigation about behavior that may violate this policy will not be tolerated, and may be grounds for discipline. Retaliation in violation of this policy may result in discipline up to and including termination. Any employee bringing an unlawful discrimination or harassment complaint or assisting in the investigation of such a complaint will not be adversely affected in terms and conditions of employment nor discriminated against, terminated, or expelled because of the complaint. Intentionally providing false information is also grounds for discipline.

“Retaliation” may include, but is not limited to, such conduct as:

the denial of adequate personnel to perform duties;
frequent replacement of members of the staff;
frequent and undesirable changes in the location of an office;
the refusal to assign meaningful work;
unwarranted disciplinary action;
unfair work performance evaluations;
a reduction in pay;
the denial of a promotion;
a dismissal;
a transfer;
frequent changes in working hours or workdays;

An employee who believes that they have been subjected to retaliation may file a retaliation complaint with their immediate supervisor, who will in turn immediately contact the Title IX Coordinator.

If the employee feels uncomfortable about discussing the alleged retaliation with the immediate supervisor, the employee should feel free to bypass the supervisor and file a complaint with the Title IX Coordinator.

After receiving any employee’s complaint of an incident of alleged retaliation, the supervisor will immediately contact the Title IX Coordinator to discuss it and/or to report the action taken. The supervisor has a responsibility to act even if the individuals involved do not report to that supervisor.

Supervisor duties and resources

As a supervisor, you are the key to creating a culture of inclusivity and ensuring that your employees’ rights are respected. You also have significant responsibility for ensuring that the University complies with the law and creates an environment that is welcoming and inclusive.

Duties and responsibilities of a University supervisor

Every supervisor of employees has responsibility to take reasonable steps intended to prevent acts of abusive conduct, which include, but are not limited to the following:

Monitoring the work environment for signs that abusive conduct may be occurring.
Refraining from participation in, or encouragement of actions that could be perceived as abusive conduct (verbal or otherwise).
Stopping any observed acts that may be considered abusive conduct, and taking appropriate steps to intervene, whether or not the involved individuals are within their line of supervision; and
Taking immediate action to minimize or eliminate the work contact between the involved individuals where there has been a complaint of abusive conduct, pending investigation.

What to do if a supervisor receives a complaint?

If a supervisor receives a complaint of abusive conduct, or observes or becomes aware of conduct that may constitute abusive conduct, the supervisor must immediately report to the Center for Civil Rights and Equal Access. Failure to take action to prevent the occurrence of or stop known abusive conduct may be grounds for disciplinary action against the supervisor.