Examples of Abusive Conduct may include, but are not limited to, the following types of behavior:
Use of abusive, insulting, or offensive 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 inappropriate 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;
Inappropriately interfering with a person's personal property or work equipment;
Circulating inappropriate photos, videos, or information via e-mail, social media, or other means;
Making unwanted physical contact or inappropriately 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 HarassmentSexual Violence and Sexual Harassment: The UC's SVSH policy addresses the University’s responsibilities and procedures related to sexual violence, sexual harassment, retaliation, and other prohibited behavior. 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 inappropriate threats to block a person's academic advancement, opportunities, or continued employment at the University;
Sabotaging or undermining a person's work performance.
Abusive Conduct does not include per se exercising appropriate supervision of employees, conducting appropriate performance management, or providing appropriate feedback, including but not limited to the following:
Providing performance appraisals to employees, including negative appraisals,
Delivering constructive criticism,
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 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 grievanceGrievance: A grievance is a claim by an individual ASE, a group of ASEs, or the UAW, that the University has violated a specific provision of this agreement during the term of this agreement. Grievances are filed with the UCSC labor relations office. They must be filed within thirty calendar days. If the grievance is not resolved, it can be taken to arbitration.
See Article 12 of the ASE contract and Article 11 of the GSR contract. process.
Where there is no conflict with this Agreement, definitions or examples in the University's Abusive Conduct in the Workplace Policy shall continue to apply, upon the effective date of the Policy.