Hostile and Intimidating Behavior

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Policy Number:
UW-147
Responsible Office:
Office of Compliance

University Policy

Rationale/​Purpose:

** Note: This policy is not active until February 3, 2025. **

The University of Wisconsin-Madison’s mission statement is “To provide a learning environment in which faculty, staff and students can discover, examine critically, preserve and transmit the knowledge, wisdom and values that will improve the quality of life for all.” To aid in the achievement of this mission statement, the university is committed to maintaining an educational and working environment free from harassing, hostile, and intimidating behavior. 

Hostile and Intimidating Behavior (HIB) occurs in both the private and public sectors, including colleges and universities. It can take a physical and emotional toll on people and groups, reduce the effectiveness of a person’s work, and hamper the ability of individuals and entire units to do their work. HIB can occur both within and across employment classifications and power differentials, and in any university setting such as the office, classrooms, the lab, in the halls, and at meetings. HIB can happen in groups or one-on-one. It is a significant cause of unhealthy workplace climate and culture and is antithetical to the university’s mission. 

HIB must be addressed and corrected to ensure all members of the university community can work in an environment free from intimidation, exploitation, coercion, violence, aggression, harassment, or bullying.

The standards set in this policy are to be construed within the context of the University’s historical and enduring commitment to academic freedom, freedom of expression, and the conception of the university as a place that must encourage and foster the free exchange of ideas, beliefs, and opinions, however unpopular.  

This policy is not designed to act as or represent a general civility code, prevent or cure ordinary stressors and conflicts of the workplace, or address occasional insensitive language and behavior that occurs in all workplaces. Nor is it intended to constrain freedom to speak out about troubling matters, criticize leadership or university policies, take part in political protest, or to promote and participate in labor unions. Rather, it is intended to address one or more severe or egregious acts or patterns of hostility or intimidation that impede persons from carrying out their duties to the university, ensuring that all, regardless of rank or status, may pursue their work and speak as they see fit.

Finally, this policy is not meant to constrain or prevent supervisors or management from addressing workplace performance issues through institutional performance management practices that serve a legitimate academic or operational interest, or address behavior or actions through discipline, so long as applicable policies, procedures, and commonly accepted workplace management practices are being observed.

Definitions:
Clear and Convincing Evidentiary Standard
Information that would persuade a reasonable person to have a firm belief that a proposition is more likely true than not true. It is a higher standard of proof than “preponderance of the evidence."
Complainant
Any individual who is alleged to be the subject of HIB as defined in this policy.
Evidentiary Standard of Proof
The amount of evidence necessary to demonstrate a policy violation.
Preponderance of the Evidence Evidentiary Standard
Information that would persuade a reasonable person that a proposition is more probably true than not. It is a lower standard of proof than “clear and convincing evidence."
Reasonable Person Standard
A hypothetical adult person with an ordinary degree of reason, care, and intelligence with knowledge of legitimate academic or operational interests, whose conclusion or expectation in relation to the respondent’s behavior is used to determine whether the alleged conduct violates this policy.
Respondent
The individual(s) accused of engaging in HIB as defined by this policy.  A single complaint can have more than one respondent. A respondent does not need to be more senior or higher in the institutional hierarchy than a complainant.
Retaliation
Adverse action(s) taken against an individual in response to, motivated by, or in connection with an individual’s complaint of hostile and intimidating behavior, or participation in an investigation of such complaint.
Totality of the Circumstances
A method of analysis where the factfinder considers the full context of all reported incidents. Includes 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.
Scope:

This policy applies to all individuals in a paid or unpaid UW-Madison appointment while they are engaged in employment activities. Complainant(s) and respondent(s) must be in a paid or unpaid appointment at the time of the alleged HIB for this policy to apply. Behavior that would constitute a violation of Regent Policy Document 14-6 Discrimination, Harassment, and Retaliation, UW-146 Sexual Harassment and Sexual Violence, and/or UW-869 Faculty Legislation II-314: Misconduct in Scholarly Research is outside the scope of this policy.

Policy:
  1. Hostile and Intimidating Behavior (HIB) is prohibited. HIB is unwelcome conduct, while engaged in or relating to employment or appointment activities, that does not further the legitimate academic or operational interests of the institution and is conduct that a reasonable person would find is so severe or pervasive that it:
    1. Makes the complainant’s conditions for work inhospitable or intolerable and/or;
    2. Unreasonably and negatively affects the complainant’s well-being or safety in the workplace and/or;
    3. Unreasonably interferes with the complainant’s ability to carry out their work responsibilities to the university.
  2. A complaint alleging HIB will be assessed in consideration of the totality of the circumstances. A single act will typically not be sufficient to establish a violation of this policy. However, a single severe or egregious act may constitute a violation.
  3. Where a respondent is in an employee category that has established policies or procedures which adopt a specified evidentiary standard of proof for investigations or discipline, that standard applies.
    1. For any respondent where there is no applicable investigation or discipline evidentiary standard, the preponderance of the evidence standard of proof applies.
    2. If a respondent has concurrent or backup appointments in different employment categories, the standard of proof applicable to the employment category relevant and active at the time of the alleged HIB applies.
  4. Retaliation as defined by this policy is prohibited.
  5. Process
    1. Complaint
      Formal complaints alleging violations of this policy must be filed with the Office of Compliance. A person requesting a formal investigation into violations of this policy should be directed to the Office of Compliance as soon as possible to ensure a timely response. Units may still engage in informal resolution and remediation, consistent with institutional workplace management practices.
    2. Timeliness Provision
      HIB complaints must be filed with the Office of Compliance within 300 calendar days of the most recent alleged action, either singly or as part of a course of conduct, that would constitute a violation of this policy.  Where a course of conduct spans more than one policy version, the policy version that covers the most recent alleged action applies to the entire alleged course of conduct.
    3. Initial Review Provision
      A formal complaint must allege conduct that, if taken as true, would constitute a violation of the policy.  The investigating office will not accept complaints comprised of allegations that, if true, would not constitute a violation of this policy. Complaints that do not meet the threshold for a HIB investigation will be referred to the local HR unit or other appropriate university office for follow-up. Formal complaints involving faculty member respondents that meet the threshold for a HIB investigation may be referred to the Office of the Provost for review under UW-809 Faculty Policies and Procedures Chapter 9 – Discipline and Dismissal of Faculty for Cause (FPP Chapter 9).
    4. Investigation
      HIB investigations will be conducted by the Office of Compliance (“investigating office”) unless an alternative investigator is appointed by the Provost in an FPP Chapter 9 proceeding, or by the Chief Human Resources Officer in the event of a conflict of interest involving the Office of Compliance or other extraordinary circumstances. A complainant may request to withdraw a complaint at any point during the investigation, however, the investigating office, in consultation with the Respondent’s appointing unit, reserves the right to continue or complete an investigation without the participation of the complainant.
    5. Post Investigation
      Upon completion of the investigation, the investigating office will submit the Final Investigative Report (FIR) to the appropriate decision maker and human resources representative for Respondent's home school, college and/or division, or the Provost in an FPP Chapter 9 proceeding. A respondent and the person filing the complaint will be provided a copy of the FIR. The FIR may be distributed to other parties on a need-to-know basis at the discretion of the investigating office. Further action on the report is at the discretion of the decision maker. Subsequent employment action is subject to the applicable university personnel policies and procedures.
    6. Appeals
      1. The complainant(s) and respondent(s) in a paid or unpaid appointment at the time the FIR is issued have 20 calendar days from the date the FIR is issued to submit an appeal, in writing, to the Office of the Provost at provost@provost.wisc.edu, via mail, or hand-delivery. At the discretion of the Office of the Provost, extensions to the 20 calendar day deadline may be granted. The scope of review is limited to whether the investigation’s outcome was based to a significant degree upon one or more of the following factors:
        1. Available information bearing materially on the case was not considered
        2. New evidence that was not reasonably available and could not have been discovered during the investigation has now become available
        3. Unfounded, arbitrary, or irrelevant assumptions of fact were made about a person’s conduct.
      2. The burden of proof is on the person filing the appeal to demonstrate by a preponderance of the evidence that the appeal meets one or more of the above factors and the factor(s) would have changed the outcome of the investigation. The decision of the Office of the Provost on an appeal pursuant to this section is final.
      3. For matters not resulting in discipline or dismissal, the appeal process provided in this policy is the exclusive process to seek review of the investigation. This policy does not displace processes for reviewing discipline or dismissal in the event action by the decision maker results in discipline or dismissal to the employee respondent. The employee retains rights to request review of the disciplinary action or dismissal under UW-706 Academic Staff Policies and Procedures: Chapter 6 – Discipline and Dismissal, UW-709 Academic Staff Policies and Procedures: Chapter 9 – Academic Staff Appeals Committee, UW-809 Faculty Policies and Procedures Chapter 9 – Discipline and Dismissal of Faculty for Cause, or UW-5064 University Staff Grievances.  HIB investigations conducted under the authority of UW-809 Faculty Policies and Procedures Chapter 9 – Discipline and Dismissal of Faculty for Cause will follow relevant procedures in lieu of the HIB policy appeal process.
Related UW-Madison Policies:
External References:

Regent Policy Document 14-6 Discrimination, Harassment, and Retaliation

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Director of Civil Rights Compliance and Title IX Coordinator
Contact:
Associate Director of Civil Rights Compliance and Title IX Coordinator -- Lauren Hasselbacher, Lauren.Hasselbacher@wisc.edu, (608) 265-6018
Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663
Effective Date:
02-03-2025
Retrieved:
01-23-2025 14:54:51