UCOP Human Resources

Abusive Conduct may take many forms, including but not limited to conduct involving physical actions and/or verbal, non-verbal, electronic, or written communication.

Abusive Conduct may include, but is not limited to, the following types of conduct that otherwise satisfy the definition under UC Abusive Conduct in the Workplace:

• Use of abusive and/or insulting language (written, electronic or verbal)
• Spreading false information or malicious rumors
• Behavior, language, or gestures that frighten, humiliate, belittle, or degrade, including criticism or feedback that is delivered with yelling, screaming, threats, implicit threats, or insults
• Encouraging others to act, singly or in a group, to intimidate or harass other individuals
• Making repeated or egregious comments about a person’s appearance, lifestyle, family, culture, country of origin, visa status, religious/spiritual/philosophical beliefs, or political views in a manner not covered by the University’s policies prohibiting discrimination
• Teasing or making someone the brunt of pranks or practical jokes
• Interfering with a person’s personal property or work equipment without a legitimate business or educational purpose
• Circulating photos, videos, or information via e-mail, text messages, social media, or other means without a legitimate business or educational purpose
• Making unwanted physical contact or encroaching on another individual’s personal space, in ways that would cause discomfort and unease, in a manner not covered by the University’s Sexual Violence and Sexual Harassment Policy.
• Purposefully excluding, isolating, or marginalizing a person from normal work activities for non-legitimate business purposes
• Repeatedly demanding of an individual that the individual do tasks or take actions that are inconsistent with that individual’s job, are not that individual’s responsibility, for which the employee does not have authority, or repeatedly refusing to take “no” for an answer when the individual is within the individual’s right to decline a demand; pressuring an individual to provide information that the individual is not authorized to release (or may not even possess)
• Making threats to block a person’s academic or other advancement, opportunities, or continued employment at the University without a legitimate business or educational purpose
• Sabotaging or undermining a person’s work performance

It is important to recognize that not all interactions that may be unpleasant are necessarily Abusive Conduct. Differences of opinion, miscommunication, differences in work styles, business disagreements handled professionally, interpersonal conflicts, and occasional problems in working relations are an inevitable part of working life and do not necessarily constitute Abusive Conduct. Additionally, it does not include exercising appropriate supervision of employees or carrying out instruction, grading, assessment, and evaluation. It does not include performance management or providing appropriate feedback.

Examples of conduct that generally do not satisfy the definition under the UC Abusive Conduct in the Workplace Policy include, but are not limited to:

• Providing performance appraisals to employees, including negative appraisals
• Delivering constructive criticism
• Grading student performance, including negative assessments
• Coaching or providing constructive feedback
• Monitoring or restricting access to sensitive and confidential information for legitimate business reasons
• Scheduling regular or ongoing meetings to address performance issues
• Setting ambitious performance goals to align with departmental goals
• Investigating alleged misconduct or violation of University policy
• Counseling or disciplining an employee for performance, engaging in misconduct, or violating University policy
• Engaging in assertive behavior
• Having a disagreement
• Making unpopular statements or articulating positions on controversial issues
• Participating in debates and expressing differences of opinion about academic decisions
• Participating in a formal complaint resolution or grievance process
• Exercising academic freedom, including comments about scholarship, instruction within the classroom, different approaches to curriculum, opposing opinions about policy issues, or academic achievement, even if the content is considered insulting by the recipient and even if delivered passionately