Stance Against Workplace Bullying

Policy Provisions

The determination of whether bullying has occurred is highly depending upon the facts and circumstances surrounding any given situation. That being said, some examples of bullying may include, but are not limited to behavior when repeated or persistent such as:

• Shouting or yelling at, ridiculing, or demeaning others:
• Name calling and attacks on one’s character;
• Mocking, punishing, or putting someone down in front of others;
• Undermining or sabotaging the work performance of others;
• Spreading false or sensitive information about another;
• Intruding on a person’s space by tampering with their personal effects or work equipment.

Freedom of Speech

The College values and promotes freedom of expression and inquiry and provided under NSHE code, state, and federal laws. Nothing in this policy is intended to limit or restrict a person’s First Amendment rights or right to academic freedom; however, such rights do not include the right to engage in workplace bullying.

Retaliation

The College will not tolerate, and this policy expressly prohibits, retaliation against employees making good faith reports as provided for in this policy, even where the concerns are ultimately unsubstantiated. False reports or reports not made in good faith of prohibited behavior that are found to have been made intentionally are also violation of this policy. Policy violations may result in disciplinary action in accordance with established NSHE Code.

Questions regarding the policy and procedures should be directed to Human Resources.

Complaint Procedures and Guidelines

Reporting Options

1. Any person who believes that they are a target of workplace bullying is strongly encouraged to report it to their supervisor or, if the supervisor is involved, then to the next level supervisor in the reporting line.
2. Any person who witnesses or learns of an incident of workplace bullying at TMCC is encouraged to report it to their supervisor or, if the supervisor is involved, then to the next level supervisor in the reporting line. Reports must be limited to events having occurred within the previous 300 calendar days.
3. Reports may also be made with TMCC HR by completing the Stance Against Workplace Bullying Complaint Form. HR will then coordinate with the appropriate level of supervisor. Individuals wishing to report a concern are encouraged to do so as soon as possible following the incident(s). Reports must be limited to events having occurred within the previous 300 calendar days.
4. A supervisor receiving a report of bullying is required, in consultation with Human Resources, to take steps to address the matter. If the reporting party wishes to not pursue a formal complaint, the supervisor should attempt to resolve the matter following the steps outlined for Informal Resolution by the Supervisor below. If the report is a formal complaint, the supervisor, in consultation with Human Resources, should follow the steps outlined below for the Formal Resolution Process.
5. More than one reporting party, more than one responding party, and/or more than one supervisor may be involved in the bullying complaint process. Singular references herein may be taken as plural as the context requires. As used herein, “reporting party” means the person(s) reporting the responding party’s behavior, and “responding party” means the person(s) alleged to have engaged in bullying behavior.
6. If the reported issue involves threats of physical assault or harm, or imminent danger of harm, the individual or supervisor the incident is reported to should immediately contact University Police at 775-334-2677.

Informal Resolution by the Reporting Party

An employee who believes that they have been bullied may wish to take informal action, in which case some suggestions are as follows:

1. Keep Documentation: Keep notes detailing the nature of the behavior (e.g., dates, times, places, what was said or done and who was present) and copies of paper trails that may indicate bullying. Hold onto copies of documents that provide evidence of events (e.g., emails or letters). This documentation will be useful when seeking advice from another party, discussing the matter with the responding party, or if the matter transitions into a formal inquiry.
2. Seek Immediate Support and Advice: Explain the behavior that you experienced to someone whom you trust. Good sources of support and advice are HR Representatives, Equity and Inclusion representatives, and/or the Employee Assistance Program. These individuals can provide information regarding one’s rights and responsibilities and suggest options of how best to deal with the situation. Bringing the situation to the attention of another party is often an effective way of dealing with the problem and ensuring that the bullying stops. Oftentimes bullying goes on in private and, by informing someone, it may become apparent that others are feeling the same way. This will help employees to get the support and guidance that may be needed.
3. Consider Addressing the Behaviors of the Responding Party Directly: Employees may want to consider approaching the responding party directly and raising the matter, either face-to-face or in writing, but should only do so if they feel that it is a safe option. Avoid being contentious or escalating the situation. Tell the responding party politely and calmly which exact behaviors are offensive and why, and expressly state that the behavior is unwelcome and unacceptable. The person should be asked to stop immediately and told that if the behavior doesn’t stop, further action will be taken. Remaining silent allows the responding party to continue their behavior, which may result in the bullying getting worse. Sometimes the responding party will stop immediately once they become aware that their behavior is offensive and harmful. Addressing the responding party’s behaviors directly can be difficult. The person involved may deny and perhaps misconstrue the accusations. To address these issues, a colleague may act as support or as a witness. Keep a record of the discussion and a copy of any correspondence that is sent to the responding party.
4. Mediation: Consider informal mediation as an option. If all parties agree to mediation, they will be given the opportunity to state their case and how they would like to see the situation resolved. The mediator will assist the parties in attempting to reach a mutually acceptable solution. However, it is important to remember that bullying may result from an imbalance of power, in which case, the reporting party and the responding party may not be on an equal footing. Seek guidance from HR to explore the option of mediation. Note: Either internal mediators or external mediators may be utilized to facilitate mediation between parties. Mediator assignment will be based on availability of internal resources.

Informal Resolution by the Responding Party

1. Keep Documentation: If you are told that your actions have offended someone and that they feel bullied by you as a result, you should document this discussion, including what you were told and how you responded. This will be important if you need to discuss the matter with your supervisor or Human Resources, or if the matter is formally reviewed.
2. Seek Advice: You are encouraged to seek counsel from your supervisor or Human Resources, especially if you do not understand the complaint against you or if you believe that the allegations are unjust or malicious. The Employee Assistance Program is also available to all employees as a resource.
3. Stop the Offending Behavior: If you have been told that your behavior makes someone feel uncomfortable, then you should stop it immediately. Even though your behavior may seem innocent to you, it is important to consider its effects on others. Remember it is the other person’s reaction to your behavior that is important, not the reaction you think they should have.
4. Reflect on Your Work Behavior: Review the way you behave at work and consider whether any of your behaviors may be perceived as bullying. For instance, ask yourself the following question: If other people were to witness my behavior, would they find it offensive, humiliating, intimidating, or threatening? If you have concerns about the appropriateness of your behavior, consider asking your supervisor for training on communication, conflict management, etc.

Informal Resolution by the Supervisor

When a report of bullying is received, or when a supervisor observes the bullying behavior directly, the supervisor may attempt to resolve the matter informally by interacting with both the reporting party and the responding party. This should be done in consultation with Human Resources.

• Human Resources (“HR”) will evaluate the nature of the complaint to determine if the alleged behavior meets the definition of bullying under the policy. If the alleged behavior, if true, would constitute a violation of any provision of the Board of Regents Code (i.e., Board of Regents Handbook, Title 2), Nevada administrative code or statute, then the reporting employee will be advised that they may file a formal complaint pursuant to the governing discipline process, in which case no further action under this policy may be taken, or they may proceed with informal resolution only under this policy. Notwithstanding the foregoing, (1) if the alleged behavior, if true, would constitute behavior proscribed by Title IX of the Education Amendments of 1972 (“Title IX”), HR must report the conduct to TMCC’s Title IX Coordinator and (2) if the alleged behavior, if true, may constitute a violation of any provision of state or federal law, HR will advise TMCC’s General Counsel who, in consultation with HR, will determine the appropriate next steps

Supervisors may begin by initiating informal discussions with the parties involved (and the supervisor of each of the parties, if different from the one receiving the complaint). If this does not resolve the situation, or if the supervisor receives a formal written bullying complaint, they should work with HR to follow the formal resolution process. A supervisor with a conflict of interest should recuse themselves from the process and refer it to the next higher-level supervisor.

Formal Resolution Process

If an informal resolution is not opted for by the reporting party, or if a previous attempt at informal resolution was not successful, the reporting party may submit a formal complaint if they wish to pursue the matter. A formal written complaint using the Stance Against Workplace Bullying Complaint Form should be completed, which will electronically route to Human Resources. HR will then consult with the reporting party’s immediate supervisor or, if the supervisor is involved, then with the next level supervisor.

• HR will evaluate the nature of the complaint to determine if the alleged behavior, if true, meets the definition of bullying under the policy. If it does not, HR will dismiss the complaint in writing to the parties and no further action shall be taken. If the alleged behavior, if true, would constitute a violation of any provision of the Board of Regents Code, Nevada administrative code or statute, then the reporting employee will be advised that they may request the complaint be converted into a complaint of a rule violation under the governing discipline process, and no further action under this policy may be taken, even if the employee does not opt to convert the complaint into one for a rule violation. Notwithstanding the foregoing, (1) if the alleged behavior, if true, would constitute behavior proscribed by Title IX, HR must report the conduct to TMCC’s Title IX Coordinator and (2) if the alleged behavior, if true, may constitute a violation of any provision of state or federal law, HR will advise TMCC’s General Counsel who, in consultation with HR, will determine the appropriate next steps.

The complaint must be limited to events having occurred within the previous 300 calendar days. Only the reporting party or the supervisor of either party, may file a formal complaint.

1. The formal process requires that the supervisor(s) and HR make a jointly coordinated, reasonable inquiry into the facts, document what is discovered, and, if warranted, take appropriate action, which may include counseling those involved, initiating corrective action, or pursuing other employment action. If a supervisor of either party filed the complaint, that person cannot act as an investigator, and the matter will be referred to next higher-level supervisor.
2. At the discretion of Human Resources, related complaints or incidents may be combined for purposes of inquiry, resolution, and/or review.
3. Before initiating a reasonable inquiry into a complaint of bullying, the supervisor should contact HR for help in creating a plan of action. The supervisor should consider if they have any biases or other conflicts of interest that would preclude them from conducting a full, fair, and reasonable inquiry. If so, the next higher-level supervisor should assume responsibility. HR will assist in this determination.
4. Supervisors and HR should jointly begin the inquiry promptly upon learning of the complaint, conduct the inquiry expeditiously, prepare a confidential, written report and provide it to the parties within a reasonable time after receipt of the written complaint. If a longer time is needed, such as if one or both of the parties are off contract, HR has the authority to notify parties of an extension.
5. The confidential report will include, at a minimum, the following information:
   1. Identities of the supervisor, HR representative and any others involved in conducting the reasonable inquiry;
   2. Nature and substance of the allegations;
   3. Reasonable inquiry process, including the number of witnesses interviewed, but excluding the identity of the witnesses;
   4. Summary of the facts;
   5. Final determination of whether the Bullying Policy was violated;
   6. Decision as to action to be taken.
6. If the determination is that the facts do not sustain a charge of bullying, this should be documented and communicated to the parties, and no further action is required.
7. If the determination is that bullying is substantiated, then it should be documented, and action should be taken promptly to address the situation. Examples of appropriate action are listed in the following section. If bullying is substantiated through the process described in this policy, it cannot result in disciplinary sanctions established by the Board of Regents Code and/or Nevada Administrative Code.
8. Appropriate action in response to substantiated bullying is dependent upon on the nature and severity of bullying behavior that has been substantiated. Such actions may include:
   1. Counseling one or both parties;
   2. Requiring attendance at an appropriate training about workplace behavior;
   3. A letter of expectations or instruction that is shared only with the responding party and does not become part of the employee’s personnel file.
9. Substantiated bullying incidents will be taken into consideration in an employee’s annual performance review, subject to established evaluation procedures.

Administrative Review

The final decision of the supervisor may be subject to administrative review at the request of either the reporting party or the responding party. The request must be made in writing and submitted to HR within 10 working days after the written decision is received. The request must specify the reasons why the party finds the resolution unacceptable.

The administrative review will be performed by the next higher-level supervisor of the person who rendered the decision (or the department/unit head if that person is higher in the reporting line). The reviewer will assess the written request for a review, the written report and decision, and the written documentation in the case. The reviewer may also consult with the supervisors involved and Human Resources. No new evidence will be taken. A written determination will be made by the reviewing administrator within 30 working days after the receipt of the written request for a review by the reviewing administrator. The decision of the administrative review is final and is not grievable.