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Proposed University of Wisconsin-La Crosse
Bullying Prevention and Response Policy1
I.
INTRODUCTION
Purpose: This policy supports the University of Wisconsin-La Crosse (UWL or University)
campus community’s desire to seek a civil and respectful environment, where bullying will not
be tolerated. This policy describes the UWL expectations, definitions, and procedures for
handling complaints of bullying. This policy is intended to support normal relationships (social,
work, and personal) as well as academic freedom and First Amendment rights.
Applicability: This policy applies to all University-related activities for personnel, vendors, and
guests of the university. Student complaints should be directed to the Student Life Office. The
University reserves the right to apply this policy to conduct occurring off-campus, if the
University determines that the off-campus conduct could have an impact on the educational or
work environment of the University.
Policy Statement: It is the policy of UWL that no University employee should be subjected to
bullying or harassing behavior in any University-related capacity (public or private; on or off
campus).
II.
DEFINITIONS
Bullying: Bullying is defined as an act or actions—written, electronic, nonverbal, physical,
and/or verbal—that is abusive and/or functions to intimidate, degrade, dehumanize, humiliate,
harass and/or undermine the target or bystanders. Bullying may occur as a single, severe
incident or repeated incidents and may or may not involve a power differential. Bullying creates
a toxic relational climate, disrupts a professional work life or environment, and/or exploits
another’s vulnerability, such as invoking fear of harm to a person or property, interfering with
work, or is otherwise threatening or intimidating. Bullying may include, but is not limited to, the
following:
1. Repeated and substantial interrupting others while they speak, ignoring another person
all together, and/or loud language, raised voices
2. Deliberate and repeated use of abusive language, which may include profanity
3. Insulting and intimidating others, including using greater physical size/strength or
greater institutional power to intimidate another
4. Purposeful invasion of another’s space and other aggressive behavior, which may
invoke fear or be intended to invoke fear
5. Attempts to exploit an individual’s known psychological or physical vulnerability,
including deliberately undermining or belittling behavior
The conditions for bullying occur when a target subjectively views conduct as bullying behavior
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This policy draws on policies from other universities for its language and content, including (but not limited to)
Eastern Washington University (for general structure and substance), as well as UW System or Regent policies.
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and the conduct is severe or pervasive enough that a reasonable person/authority would agree
that particular behaviors constitute bullying (versus a disagreement, understood difference in
communication style, and so forth).
Related Definitions: Certain conduct that constitutes bullying under the above definition may
also constitute Discrimination, Discriminatory Harassment, Sexual Harassment, and/or
Retaliation. Applicable definitions of those terms are provided in Regent Policy Document 14-6
and 14-2, and adopted separately in the UW-La Crosse Policy on Discrimination, Discriminatory
Harassment, and Retaliation. Those definitions are provided in Appendix A.
Protected Activity: Filing a complaint of bullying, participation in an investigation of such
complaint, and/or opposition to bullying in the educational or workplace setting shall constitute
“protected activity” for the purposes of the UWL and UW System policies regarding retaliation.
III. RESPONSIBILITIES
Employees, Vendors, and Guests: University employees, vendors, and guests are expected to
behave respectfully when they interact with others. Instances of bullying should be reported.
University Employees with Supervisory Responsibilities: Employees with supervisory
responsibilities must take reasonable steps to ensure that any work or learning environment for
which they are responsible is free from bullying behaviors.
1. Employees with supervisory responsibility shall:
a. Treat all complaints and incidents of bullying seriously;
b. Manage all complaints of bullying in a timely and confidential manner;
c. Handle reports of bullying in accordance with the procedures described in
this policy;
d. Attend training on this policy and related procedures. The manner and format
in which such training will take place is under discussion and will be
finalized upon adoption of this policy.
2. During any of the procedures outlined in this policy, University officials will:
a. Listen impartially to the concerns and perceptions of each party involved;
b. Ensure that all parties involved are treated fairly;
c. Offer appropriate assistance to all parties, which may include referrals to
resources such as the Employee Assistance Program;
d. Respond to reported incidents of bullying promptly.
Education: UWL will support the creation of productive and congenial working environments
by providing education for its employees. All UWL employees will be encouraged to participate
in anti-bullying training, either on or off campus, either in person or via online mechanisms.
Timeliness: There is no fixed time limitation for filing a complaint. However, the ability of the
University to investigate and take corrective action may be affected by the length of time
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between the alleged incident(s) and the filing of the complaint. Once filed, a complaint should be
investigated and a decision determined within 60 days.
Confidentiality: All complaints will be treated with consideration to their sensitive nature.
Complaints will be considered confidential to the extent requested by the complainant, if
possible. However, certain disclosures may be necessary for the University to conduct a
thorough investigation, comply with state and federal law, and comply with its own procedures
and regulations. In addition, all records maintained by the University of Wisconsin-La Crosse
are potentially subject to the provisions of the Wisconsin open records law.
IV. ADDRESSING BULLYING COMPLAINTS
Goal: The goal of sanctions for bullying is to change problematic behavior and to (re)create a
work environment characterized by respect and equanimity. Thus, the following is a list of
possible sanctions for bullying behavior that should match the severity of bullying behavior and
be part of a plan to restore respectful work spaces.
Corrective and/or Disciplinary Actions: Individuals who engage in bullying behavior are
subject to disciplinary action. Corrective and/or disciplinary action may include one or more of
the following:
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No action
Verbal and/or written warnings
Referral to use policies/procedures of governance groups (e.g. Faculty Senate, Academic
Staff Council, etc.)
Requiring sincere formal apology accompanied by a change in bullying behavior
Mediation/discussion with all parties
On-going coaching/EAP/etc. with an assigned mentor
Mandatory attendance at educational training
Removal from retention, tenure, promotion discussions/decisions
Implementing practical arrangements such as behavioral contract, physically moving
offices, signed agreement, separate service commitment
Restricted duties/change in responsibilities/privileges
Reassignment of supervisory responsibility (i.e. removal from evaluation of staff)
Letters in employment file/on-going documentation
The nature and severity of the corrective and/or disciplinary action will depend on the frequency
and severity of the offense and any history of past misconduct. Every effort will be made to
assure University-wide uniformity of sanctions for similar offenses. Criminal behavior could
result in legal sanctions, including formal restraining orders, arrest, or formal legal action, and is
outside the scope of this policy. Repeated behavior that is not criminal in nature will be dealt
with via UWL’s standard disciplinary procedures.
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Where to Report Bullying
Anyone wishing to report bullying should contact the appropriate University official as indicated
below. A Bullying Complaint form is provided at the end of this document.
Reporter
Informal Complaint Officials
Formal Complaint Official
Employee
Immediate Supervisor, Including
Department Chairs
(Concerns about student conduct
should be directed to the Dean of
Students.)
Human Resources Employee
Relations Specialist (convener)
and 3 representatives from
CGAAF.2 Affirmative Action
may be asked to join, where
relevant.
Human Resources
Appropriate division head (VC
Administration and Finance;
VC Academic Affairs; VC
Student Affairs; VC University
Advancement); Affirmative
Action (where relevant)
Vendor/Guest
Student
Vice Chancellor for Student Affairs/Dean of Students
In cases where individuals have concerns about their immediate supervisor or department
chair—such as when the supervisor or chair is the person being accused of bullying—
complainants should contact their supervisor’s supervisor or the College Dean.
Informal Complaints
Informal complaints are designed to resolve bullying complaints at the lowest level and as
quickly as possible. It is preferable to resolve complaints informally wherever possible and
feasible.
Methods: To pursue an informal complaint, complainants should do the following:
1. Engage in a meeting with the alleged offender, which could be done one-on-one or
with a third party present. An appropriate third party would be your supervisor or a
co-worker in your unit.
2
The Human Resources Employee Relations Specialist and CGAAF chair will collaborate to identify three members
from CGAAF to serve as a hearing committee.
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2. Request mediation with the alleged offender. The offices of Human Resources or
Affirmative Action can assist in identifying a mediator.
Mediation: To conduct mediation, the designated mediator will do the following:
1. Notify all parties named that there has been a request for mediation.
2. If appropriate, conduct individual and group meetings with all parties. Independent
mediators can assist parties in understanding their differing points of view and can lead
to constructive resolution of issues.
a. Convening a mediation meeting does not necessarily imply that there is a case to
answer or that any inappropriate behavior has actually occurred. The mediator’s
role is to assist the parties in achieving a mutually agreed resolution, not to make
a formal finding.
b. Each party may bring a support person of their choosing to mediation meetings.
At this stage, third parties should be laypersons, not legally trained
representatives.
3. Document the process, including contact made, dates of contact, nature of conversations
that occurred during meetings, and mediation outcomes. Please note: like any other
disciplinary investigation, mediation may be subject to open records requests. It would
be kept confidential until resolved pursuant to 19.36(10) and then released, if there is a
request, following proper notice to the parties involved.
The use of the informal process does not restrict the complainant from filing a formal grievance.
If the informal process is unsuccessful or not a viable option, the formal process is available to
resolve the complaint.
Formal Complaint Process & Complaint Form
Anyone may initiate a formal complaint process by completing the complaint form (see page 7
of this policy). Once completed, the complainant should forward the form to the appropriate
official listed in the chart above. The official notified will acknowledge receipt of the complaint
form and then initiate an investigation in collaboration with other University offices as deemed
appropriate.
If the investigating official determines that disciplinary action or a specific sanction is
appropriate, the matter will be pursued through the appropriate UWL policies and procedures,
including UWS 4, 6, and 7 for faculty members, UWS 11 and 13 for academic staff, and OSER
regulations for Classified staff, until the adoption of UPS in July 2015) and subject to the
applicable appeals process.
Policy History: New policy. Approved by Chancellor Gow on
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/2016.
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BULLYING COMPLAINT FORM
(Online HR/Employee Relations)
Your Name
Your position
Phone number
Your direct supervisor’s name
Today’s Date
Your department
Your email
Please identify the individual regarding whom you have a concern:
Name
Position
Phone number
Classification (dropdown box)
Department
Email
Dates on which alleged incident(s) occurred:
Statement of allegations: Please describe the conduct that you believe to be in violation of the
bullying policy. You may attach separate pages/documents if desired.
List any possible witnesses:
What action, if any has been taken so far?
What corrective action would you request/suggest?
Have you filed a complaint/grievance with any other office or agency? If yes, with whom?
Your Signature:
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Appendix A: Definitions Related to the Bullying Prevention Policy
Certain conduct that constitutes bullying in the UWL Bullying Policy may also constitute
Discrimination, Discriminatory Harassment, Sexual Harassment, and/or Retaliation. Applicable
definitions of those terms are provided in Regent Policy Document 14-6 and 14-2, and adopted
separately in the UW-La Crosse Policy on Discrimination, Discriminatory Harassment, and
Retaliation.
Discrimination is conduct that adversely affects any aspect of an individual’s
employment, education, or participation in an institution’s activities or programs, or has
the effect of denying equal privileges or treatment to an individual on the basis of one or
more characteristics of that individual’s protected status or category as defined herein.
Discriminatory Harassment is a form of discrimination consisting of unwelcome
verbal, written, graphic or physical conduct that:
1. Is directed at an individual or group of individuals on the basis of the individual
or group of individuals’ actual or perceived protected status, or affiliation or
association with person(s) within a protected status (as defined herein above);
and
2. Is sufficiently severe or pervasive so as to interfere with an individual’s
employment, education or academic environment or participation in institution
programs or activities and creates a working, learning, program or activity
environment that a reasonable person would find intimidating, offensive or
hostile.
To constitute prohibited harassment, the conduct must be both objectively and
subjectively harassing in nature. Harassment may include but is not limited to verbal or
physical attacks, threats, slurs or derogatory or offensive comments that meet the
definition set forth herein. Harassment does not have to be targeted at a particular
individual in order to create a harassing environment, nor must the conduct result in a
tangible injury to be considered a violation of this policy. Whether the alleged conduct
constitutes prohibited harassment depends on the totality of the particular circumstances,
including the nature, frequency and duration of the conduct in question, the location and
context in which it occurs and the status of the individuals involved.
Sexual Harassment is a form of discriminatory harassment. Sexual harassment includes
unwelcome sexual advances, requests for sexual favors, and other physical conduct and
expressive behavior of a sexual nature where:
1. submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment or education;
2. submission to or rejection of such conduct by an individual is used as the basis for
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academic or employment decisions affecting that individual; or
3. such conduct has the purpose or effect of substantially interfering with an
individual’s academic or professional performance or creating an intimidating,
hostile or demeaning employment or educational environment.
Retaliation is defined as adverse action taken against an individual in response to,
motivated by or in connection with an individual’s having engaged in a protected activity,
which includes, but is not limited to, filing a complaint of discrimination or
discriminatory harassment, participation in an investigation of such complaint, and/or
opposition to discrimination or discriminatory harassment in the educational or
workplace setting. An “adverse action” is one that negatively affects significant terms or
conditions of employment, or substantially impedes one’s educational progress.
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