Business Policies and Procedures Manual
Chapter 50: Safety and Security

Maintaining a Professional Workplace

BPPM 50.31

For more information contact:
   Finance and Administration
   509-335-5524
   Human Resource Services
   509-335-4521

Form:

Abusive Behavior Incident Report

1.0     Policy and Purpose

The University is committed to fostering a respectful working environment that promotes the well-being and dignity of all members of the University community. Employees are expected to treat each other, staff, faculty, students, and members of the public in a professional manner at all times while conducting WSU business or otherwise representing WSU.

This policy sets forth expectations for professional behavior and procedures for reporting and addressing unprofessional or abusive conduct in the workplace. The University enforces this policy in a manner that is consistent with principles of free expression and academic freedom.

The words “behavior” and “conduct” are used interchangeably throughout this policy.

2.0     Applicability

Except where otherwise indicated, this policy applies to:

  • All levels, areas, and locations of University operations and programs, including online and remote work;
  • All University personnel (including student employees and volunteers); and
  • Visitors and vendors.

This policy does not apply to the following:

  • Discrimination or harassment based on a protected class. See WSU’s Policy Prohibiting Discrimination and Harassment (EP15). Information implicating EP15 should be reported directly to Compliance and Civil Rights. Additionally, Human Resource Services (HRS) notifies Compliance and Civil Rights if behavior reported to HRS implicates EP15.
  • Workplace violence. See WSU’s policy on Workplace Violence (BPPM 50.30)

3.0     Definitions

3.1     Professional Workplace Behavior

“Professional workplace behavior” includes:

  • Communicating in a respectful manner;
  • Working cooperatively with others; and
  • Holding oneself accountable for one’s own behavior and actions.

WSU is committed to setting, maintaining, and modeling a standard for acceptable behavior. All members of the WSU community are expected to:

  • Be civil;
  • Treat others with decency; and
  • Avoid all forms of:
    • Abusive conduct;
    • Harassment;
    • Illegal discrimination; and
    • Workplace violence.

3.2     Abusive Conduct

Unprofessional behavior constitutes “abusive conduct” when it is sufficiently severe, persistent, or pervasive that it:

  • Interferes with, or has the potential to interfere with, an individual’s ability to participate in WSU employment, education, programs, or activities;
  • Adversely alters the conditions of an individual’s WSU employment, education, or participation status;
  • Creates an objectively hostile or abusive employment, program, or educational environment; or
  • Results in a disruption of WSU’s operations or the rights of students, staff, faculty, visitors, or program participants.

Abusive conduct may include:

  • Physical action;
  • Verbal or nonverbal behavior; or
  • Electronic or written communication.

Abusive conduct is considered in light of the following factors:

  • The circumstances of the parties;
  • The 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.

In determining whether conduct rises to the level of abusive conduct for purposes of this policy, the “reasonable person” standard is used. (See the definition in Section 3.3.) Although the intention of the person engaging in the conduct may be considered, it is not determinative.

Conduct that may rise to the level of abusive includes, but is not limited to:

  • Spreading false or malicious rumors
  • Shouting or angry outbursts
  • Name calling or rude gestures
  • Not allowing a person to communicate their perspective or ask relevant questions, especially in a meeting
  • Directing profanity toward others
  • Blaming without facts
  • Taking credit for another’s work
  • Creating unreasonable challenges or barriers to another’s work

Conduct that, by itself, generally does not rise to the level of abusive includes, but is not limited to:

  • Expressing differences of opinion
  • Offering feedback, guidance, or advice about work-related behavior
  • Changing an employee’s work location and/or job assignments based on business needs
  • Scheduling work and assigning work
  • Inspecting the workplace or an employee’s work output
  • Evaluating or managing an employee’s performance
  • Initiating corrective action and/or disciplinary action

3.3     Reasonable Person Standard

For purposes of this policy, the “reasonable person” standard is defined as whether a reasonable person in the same or similar circumstances would find the conduct abusive given the totality of the circumstances.

4.0     Roles and Responsibilities

4.1     Employees

Employees who experience unprofessional or abusive conduct are encouraged, when appropriate, to ask the person engaging in the behavior to stop. If an employee is uncomfortable doing so, or the behavior continues, the employee should report it to their immediate supervisor. If the employee is not comfortable reporting the behavior to their immediate supervisor, they should report it to the next level supervisor.

Employees may also contact HRS directly. For reports to HRS, employees may utilize either an informal or formal process. See Section 5.0.

4.2     Supervisors

Supervisors are expected to take steps to discourage unprofessional behavior. Supervisors who witness or receive a report of unprofessional or abusive conduct are to:

  • Take the matter seriously;
  • Educate employees on, and demonstrate a commitment to, respectful workplace behavior;
  • Take steps to address the report as promptly as is reasonably possible, in most cases within two business days; and
  • Consult with HRS on appropriate next steps, including fact gathering.

Possible actions after fact gathering include:

  • Addressing the behavior with the employee engaging in the alleged conduct.

    It is recommended that the supervisor then follow up in writing, after consultation with HRS.

  • Encouraging the impacted employee(s) to report the behavior using the process in Section 5.0 in this policy or referring them to another applicable process; and/or
  • Providing supportive measures to impacted employees.

Upon completion of any follow up, the supervisor is to advise the person who reported the matter:

  • That the matter has been reviewed and addressed; and
  • To report any future concerns for further review.

5.0     Complaint Resolution Process

5.1     Informal Complaint Options

The University encourages resolution at the lowest level and informally when possible. The following are informal complaint options for employees:

  • Meet with a supervisor or HRS and seek advice on addressing the employee’s concerns.
  • Request a supervisor to intervene on the reporting employee’s behalf.

    Note: If a supervisor intervenes at the request of an employee, it is recommended that the supervisor send a summary of meeting to both the reporting individual and the alleged offender outlining the alleged concern and setting expectations for the workplace. The supervisor is to also forward a copy of the summary to HRS.

  • Request an informal meeting with the alleged offender and the reporting employee’s supervisor, or the alleged offender’s supervisor.

If parties are interested in a facilitated discussion to resolve the issue, the supervisor, director, or appointing authority is to contact HRS prior to proceeding.

The University advises parties to contact HRS if the resolution measures are no longer effective or are not followed by either party. HRS may initiate a formal complaint process when informal complaint resolution has not been successful.

5.2     Formal Complaint Process

Employees and supervisors may report unprofessional or abusive conduct in the workplace directly to HRS. Complainants are encouraged to complete the Abusive Behavior Incident Report to initiate a review; however, HRS does not require a written complaint. HRS may initiate an investigation after an initial fact-gathering process. Interim protections or measures may be imposed prior to or during the formal complaint process.

The formal complaint process includes the following steps:

  • Upon receipt of a formal complaint, HRS informs the alleged offender of the allegations and reminds them of the retaliation/interference prohibition.
  • HRS informs the complainant and relevant WSU administrators of the initiation of a formal complaint process and reminds them of the retaliation/interference prohibition.
  • HRS may interview witnesses and review relevant records and written documentation as needed.
  • HRS typically completes the investigation within 90 days of initiating the process and notifying all parties, but notifies the parties if additional time is needed.
  • Following completion of the investigation, HRS issues a written report for the applicable University appointing authority and/or supervisor to determine appropriate next steps.
  • HRS notifies the complainant and respondent (alleged offender) of the outcome of the investigation. Note: HRS does not release information regarding what, if any, personnel action is taken against an employee unless required by law. (See also BPPM 90.07.)

5.3     Unprofessional Behavior

The University reserves the right to address unprofessional behavior even when it does not rise to the level of abusive conduct.

6.0     Retaliation and Interference

Retaliation against any person for bringing forward or participating in the investigation of a complaint under this policy is prohibited. Such acts may form independent grounds for taking corrective or disciplinary action.

Interference with the complaint or investigation process is also prohibited and constitutes a violation of this policy. Interference includes, but is not limited to, actions that dissuade or attempt to dissuade complainants or witnesses from reporting or participating in an investigation, or actions that delay or disrupt, or attempt to delay or disrupt, an investigation.

Anyone who believes that retaliation or interference is occurring must immediately report the incident(s) to HRS.

7.0     Corrective and Disciplinary Action

Employees, including student employees, who violate this policy may be subject to corrective and/or disciplinary action, up to and including dismissal, or other action as determined appropriate by the appointing authority in consultation with HRS.

Student employees who engage in abusive conduct may be also subject to sanction in accordance with the Standards of Conduct for Students (WAC 504-26). The Standards of Conduct for Students apply to both employee and nonemployee students.

Repeated unfounded complaints of unprofessional or abusive conduct, or complaints made in bad faith, may be subject to corrective or disciplinary action.

Behavior that constitutes a violation of this policy may also violate, and be subject to, action under other University policies and/or local, state, or federal laws. Units should consult with HRS to determine appropriate ways to address behavior by nonstudents or nonemployees that is impacting the WSU workplace.

8.0     Resources

Available resources include:

  • Human Resource Services
  • Office of the Provost and Executive Vice President; telephone 509-335-5581; e-mail provosts.office@wsu.edu
  • Threat Assessment Team; website threatassessment.wsu.edu/ (see EP42 for contacts and further information)
  • Employee Assistance Program; telephone 1-877-313-4455 (see BPPM 60.86).
  • Office of the University Ombudsman; telephone 509-335-1195; e-mail ombuds@wsu.edu
  • Center for Community Standards; telephone 509-335-4532; e-mail community.standards@wsu.edu
  • Compliance and Civil Rights; telephone 509-335-8288; e-mail ccr@wsu.edu (see EP15 for further information)

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Revisions:  April 2024 (Rev. 625); May 2017 (Rev. 492); Sept. 2015 – new policy (Rev. 454).