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Rowan University Policy
Title: =
Disruptive Behavior and Workplace Violence Policy
Subject: Human Resources Department
Policy No: OED: 2011: 03
Applies: University-wide
Issuing Authority: Presi=
dent
Responsible Officer: Chief Human Resource=
s Officer/Vice President
Adopted: 05/19/2011=
em>
Last Revision: 12/04/2020
=
Last Reviewed: 09/04/2020
I=
. Purpose
Rowan University and subsidiaries=E2=80=
=99 faculty and staff are entitled to perform their work free from violence=
, bullying, and disruptive behavior. The purpose of this policy is to=
outline Rowan University's commitment to providing a respectful workplace =
that allows its employees to use their best efforts to advance the Universi=
ty's mission, without fear or intimidation, and protect its employees from =
bullying and the unwarranted disruption of their work.
<=
strong>II. Accountability
At the direction of the President, the Vi=
ce President for Human Resources shall implement this policy and supervisor=
s and managers shall ensure compliance with the policy and shall maintain a=
work environment that is free of violence and disruptive behavior. Univers=
ity employees have a responsibility to report any threatening or violent be=
havior when a member of the University community or visitor to the campus e=
xhibits such behavior, and to participate fully in the investigation of any=
such reports.
<=
strong>III. Applicability
The Disruptive Behavior and Workplace Vio=
lence Policy is applicable to all employees of Rowan University and its aff=
iliate organizations.
IV. Definitions
- Bullying is a pattern of behavior which is un=
wanted, offensive and malicious (including but not limited to conduct, and =
written and verbal communication) which undermines an individual or group t=
hrough persistently negative attacks. There is typically an element of vind=
ictiveness and the behavior is intended to undermine, patronize, humiliate,=
intimidate or demean the recipient. Bullying often includes a misuse=
of power.
- Disruptive Behavior is either consistent beha=
vior or egregious behavior on the part of another that creates an environme=
nt in which the employee feels uncomfortable, threatened or unable to perfo=
rm to their best ability. Behavior may include incivility or bullying.
- Intimidation is any act, by =
any means, that places another person in reasonable fear of harm through th=
e use of threatening words and/or other conduct. Includes, but is not limit=
ed to, behavior intended to frighten, coerce, or induce excessive stress.=
li>
- Harassment is verbal, physical, electronic, o=
r other conduct based upon an individual=E2=80=99s membership (or perceived=
membership) within a protected category (see definition below) as listed i=
n Sections IV and VI of the Policy Prohibiting Discrimination in the Work=
place and Educational Environment that creates a hostile environment.&n=
bsp; Harassment occurs when this type of conduct unreasonably interferes wi=
th an individual=E2=80=99s work environment, including hiring, advancement,=
and work assignments. The unwelcome conduct based on the protected c=
ategory must be severe, persistent, or pervasive, thereby creating an envir=
onment that a reasonable person in similar circumstances and with similar i=
dentities would find hostile, intimidating, or abusive.
- In order to file a complaint alleging harassment based on a protected c=
ategory, please see the Policy Prohibiting Discrimination in the Workplac=
e and Educational Environment.
- Incivility includes behavior such as yelling,=
condescending demeanor, swearing or belittling. A supervisor discuss=
ing performance in a private setting is not guilty of incivility. The behav=
ior must be persistent or pervasive.
- Protected Categories are determined by the fe=
deral, state and local governments. For a valid discrimination claim, an in=
dividual must be subject to discriminatory or harassing behavior because of=
the following traits: race, creed, color, national origin, nationalit=
y, ancestry, age, sex/gender (including pregnancy), marital status, civil u=
nion status, domestic partnership status, familial status, religion, affect=
ional or sexual orientation, gender identity or expression, atypical heredi=
tary cellular or blood trait, genetic information, liability for service in=
the Armed Forces of the United States, disability or any other protected c=
lassification (see N.J.A.C. 4A:7-3.1)
- Workplace Violence can include, but is n=
ot limited to, a verbal or non-verbal threat of physical, employment or rep=
utational damage, hitting, yelling, physical or psychological intimidation,=
shoving, stalking, unauthorized touching, assault, vandalism, arson and ca=
rrying any type of weapon or explosive.
V. References
- New Jersey Executive Order #49 (http://nj.gov/infob=
ank/circular/eow49.htm)
- Rowan University Policy Prohibiting Discrimination in the Workpl=
ace and Educational Environment
- Rowan University Statement of Principles
V=
I. Policy
- Rowan University does not tolerate violence or bullying in the workplac=
e. In accordance with State policy, this is a "zero tolerance" policy, whic=
h means all complaints will be evaluated. Persons who are found to have eng=
aged in such conduct can be subject to sanctions up to and including immedi=
ate removal from University premises, suspension without pay, and terminati=
on of employment for cause.
- Rowan University recognizes that a pattern of disrespectful behavior, s=
uch as yelling, swearing, or denigrating others, can negatively impact perf=
ormance, morale, and final outcomes. Disruptive behavior can also esc=
alate to bullying or violence.
- Individuals who believe they are being subjected to disruptive behavior=
, intimidation, incivility or bullying are urged to promptly advise the per=
son that his or her behavior is unwelcome and request that such behavior im=
mediately stop. Not doing so shall not in any way limit the complainant's r=
ights or the University's duties once a report is made.
- The Office of Human Resources is responsible for evaluating reports and=
complaints involving employees. Complaints related to harassment or =
discrimination based on a protected category will be handled by the O=
ffice of Employee Equity or the Office of Student Equity and Compliance (if=
it is a Title IX matter). A complaint may be filed with the Office of Empl=
oyee Equity or if it involves allegations prohibited by Title IX, the Offic=
e of Student Equity and Compliance.
- Violence
- Threats and/or threatening behavior or acts of violence by University e=
mployees against themselves, other staff members, faculty, students, visito=
rs or other individuals while on University property or using University fa=
cilities will not be tolerated and are causes for removal from the workplac=
e and may result in discipline including possible termination of employment=
.
- Each University employee has a responsibility to report any violent beh=
avior when a member of the University community or visitors to the campus e=
xhibits such behavior.
- Any incidents of physical acts or threats of physical violence or immed=
iate concerns for safety should be immediately reported to the Public Safet=
y Department and then to the Office of Employee Equity.
- Disruptive Behavior
- Disruptive behavior includes bullying, intimidation, and incivility.
- Behaviors include but are not limited to infliction of verbal abuse suc=
h as the use of fighting words, insults, obscenities; language used by way =
of information and communication technologies, such as e-mail, cell phones,=
text or instant messaging, social media, and websites that a reasonable pe=
rson would find threatening, intimidating, or an invasion of privacy; const=
ant contact using accusing, belittling, derogatory terms and tone that cont=
ribute to a hostile work environment; comments implying dismissal, terminat=
ion, or constant disregard for University procedures also create and suppor=
t a negative work environment; or the sabotage or unwarranted disruption of=
a person's work performance.
- Reporting and Evaluating Workplace Violence or Disruptive Behavior
- The University is committed to evaluate and address any reports and com=
plaints related to this Policy. The availability of a complaint procedure d=
oes not preclude individuals who believe they are being subjected to disrup=
tive behavior from promptly advising the offender that his or her behavior =
is unwelcome and requesting that such behavior immediately stop.
- Any employee who believes he or she has witnessed or has been subjected=
to disruptive behavior or violence should report it to the Office of =
Employee Equity and the claim will be evaluated. Reports can also be made a=
nonymously through the University's integrity ("whistleblower") hotline&nbs=
p;http://rowan.edu/integrityline.
- Once a complaint is received by the Office of Employee Equity, the matt=
er will be evaluated by the AVP for Employee Equity and Labor Relations or =
Designee to determine the best course of action available to (i) eliminate =
the negative work environment; (ii) maintain the functions of the departmen=
t or unit; (iii) provide all concerned parties an opportunity to be heard; =
and (iv) remediate the ill effects of any existing disruptive behavior or w=
orkplace violence.
- Any complaint that is received that alleges harassment or discriminatio=
n on the basis of a protected category will be reviewed under the Polic=
y Prohibiting Discrimination in the Workplace and Educational Environment=
a>.
- Upon evaluating the complaint and assessing the criteria listed above, =
the AVP for Employee Equity and Labor Relations or Designee may determine t=
hat the complaint should be addressed in a manner, including but not limite=
d to, facilitated dialogue, mediation, supervisor training, workplace expec=
tations agreement, organizational behavior assessment, or a formal investig=
ation.
- Interim measures, determined on a case by case basis, may be taken as s=
afety precautions when deemed necessary.
- Based on the initial assessment and remedial action, the AVP for Employ=
ee Equity and Labor Relations or Designee will close the incident report or=
request formal investigation. The Vice President of Human Resources or Des=
ignee will be the final arbiter.
- Formal Investigation
- If a formal investigation is determined to be the most appropriate cour=
se of action, the AVP for Employee Equity and Labor Relations will ass=
ign an investigator. The investigator will provide notice to both the=
complainant and the respondent, in writing, that a formal investigation in=
to the allegations of violation of this Policy will be conducted. &nbs=
p;
- The investigator will conduct interviews of the complainant, respondent=
and any relevant witnesses, and review any pertinent documentation related=
to the allegations.
- The investigator will write an investigative report summarizing the all=
egations, the information provided from the interviews and document review,=
and will determine whether a violation of this Policy can be substantiated=
.
- The investigative report will be provided to the Vice President of Huma=
n Resources. The Vice President of Human Resources or Designee will review =
the investigative report and provide the complainant and the respondent wit=
h determination letters. With respect to an employee whose position i=
s not covered by a collective negotiations agreement, if a Policy violation=
has been determined, the Vice President of Human Resources or Designee, in=
consultation with other administrators with supervisory capacity over the =
respondent, will determine the sanction appropriate for the violation and i=
nclude such sanction in the determination letter sent to the respondent. Wi=
th respect to an employee whose position is covered by a collective negotia=
tions agreement, if a Policy violation has been determined, the Vice Presid=
ent of Human Resources or Designee will refer the matter to the Office of L=
abor Relations for assessment and procedural handling of sanction in accord=
ance with the applicable collective negotiations agreement.
- An employee who is found in violation of this Policy, following a forma=
l investigation, may be subject to disciplinary action up to and including =
removal from Rowan facilities, reduction in rank and/or salary, suspension =
and unpaid leave, or termination of employment. In certain matters, e=
mployees may be required to attend appropriate training, EAS (Employee Advi=
sory Service) and other appropriate remediation as a condition of continued=
employment.
- Major discipline (including but not limited to suspension without pay a=
nd termination) may be imposed for workplace incidents which are repeated a=
nd pervasive, and for a single incident which is severe and egregious.
- Appeal of Formal Investigation - Any party dissatisfied with the outcom=
e of a formal investigation may file a written appeal with the Chief of Sta=
ff, postmarked or delivered within 10 days of receipt of the determination =
letter. The appeal shall be in writing, presented by the complainant or res=
pondent to the Chief of Staff, with a copy to the Chief of Staff's Administ=
rative Assistant and a copy to the Office of Employee Equity (oee@rowan.edu=
) - identifying the subject as "Appeal". The Chief of Staff (or his/h=
er authorized designee) will forward the appeal to an Appeals Panel, consis=
ting of representatives of senior leadership, to review the appeal. T=
he Appeals Panel may or may not elect to review a determination. The Chief =
of Staff (or his/her authorized designee) will respond to a request for rev=
iew within 15 days.
- The complainant or respondent may request an appeal of the determinatio=
n only if the complainant or respondent is able to produce new information =
not previously submitted or can produce information demonstrating that the =
determination was arbitrary and capricious. This means that the determinati=
on will be considered for review only if new information exists or if infor=
mation exists demonstrating that it was invalid because it was made on unre=
asonable grounds or without consideration of the circumstances.
- The complainant or respondent should send either the new information or=
a brief explanation of why they believe the finding is arbitrary and capri=
cious based upon the facts presented to the Chief of Staff (with a copy to =
the Chief of Staff's Administrative Assistant and a copy to the Office of E=
mployee Equity at oee@rowan.edu) within 10 days of receipt of the determinat=
ion letter. The appeal shall be in writing and shall include only those mat=
erials supporting the request for review and the specific relief requested.=
You need not include the original materials submitted with the compla=
int or in response to the complaint as these documents will be provided by =
the original office to whom the complaint was submitted. The Appeals =
Panel may elect to review the materials only if it is believed the det=
ermination is arbitrary and capricious, or if the new materials were not pr=
eviously considered in the original determination.
- The appellant shall have the burden of proof in all appeals brought bef=
ore the Chief of Staff (or his/her authorized designee) and Appeals Panel.<=
/li>
- Protection From Retaliation:
- No employee making a good faith report or bringing a good faith complai=
nt, fully participating in an investigation, or testifying in any proceedin=
g under this Policy shall be subjected to adverse employment consequences b=
ased upon such involvement and will be protected from retaliation.
- Any employee who feels s/he is being retaliated against for having made=
a good faith report or complaint under this Policy or having participated =
in the investigation, should immediately notify the Office of Employee Equi=
ty.
- False Accusations
- An employee who knowingly makes a false or materially misleading accusa=
tion of workplace violence or disruptive behavior, or knowingly provides fa=
lse or misleading information in the course of an investigation of a compla=
int, may be subject to administrative and/or disciplinary action, up to and=
including termination of employment.
- Complaints made in good faith, even if found to be unsubstantiated, sha=
ll not be considered a false accusation.
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