Abusive Conduct Prevention Policy

Effective Date: July 1, 2021

Board Approval: June 2, 2021

1. Purpose

1.1. To promote and maintain a work environment free from abusive conduct.

2. References

2.1. Employee Complaints and Grievance Policy

2.2. Utah Code 67-26-203; Public Employee Healthy Workplace Act; Abuse Conduct - Training - Policy

3. Definitions

3.1. “Abusive Conduct” means verbal, nonverbal, or physical conduct of an employee to another employee that, based on severity, nature, or frequency of the conduct, a reasonable person would determine:

3.1.1. is intended to cause intimidation, humiliation, or unwarranted distress;

3.1.2. results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or

3.1.3. exploits a covered employee’s known physical or psychological disability.

3.2. “Not Abusive Conduct” the following actions due to their nature or frequency are not presumed to constitute abusive conduct unless they are especially severe and egregious, and would, as determined by a reasonable person, meet the criteria of abusive conduct:

3.2.1. a single act

3.2.2. disciplinary or administrative actions

3.2.3. coaching or work-related feedback

3.2.4. reasonable job-related assignments

3.2.5. differences in styles of management, communication, expression or opinion

4. Policy

4.1. It is the policy of Tooele Technical College to provide and maintain a work environment free from abusive conduct.

5. Reporting Procedure

5.1. An employee may file a written complaint of abusive conduct with human resources.

5.1.1. Human resources will conduct an abusive conduct investigation in accordance with the Employee Complaints and Grievance Policy.

5.1.2. The State Attorneys General office may be engaged to assist with the investigation.

6. Investigative Procedure

6.1. When warranted, the Human Resources director, or appointee shall conduct a prompt and thorough

investigation into the allegations.

6.2. Participants in any abusive conduct investigation shall treat all information pertaining to the case as confidential.

6.3. If an investigation finds the allegations of abusive conduct to be substantiated, management shall take appropriate administrative action.

6.4. If an investigation reveals evidence of criminal conduct in abusive conduct allegations, the president or Human Resources may refer the matter to the appropriate law enforcement agency.

6.5. At the conclusion of the investigation, the appropriate parties shall be notified of the investigative findings.

7. Abusive Conduct Training

7.1. The College shall provide annual training to all employees on the prevention of abusive conduct in the workplace. This training will include information regarding what constitutes abusive conduct, how to prevent it, procedures for reporting, and means of resolving findings