What Is Not Abusive Conduct in the Workplace

Examples of conduct that generally do not constitute abusive conduct under the UC Abusive Conduct in the Workplace Policy include, but are not limited to:

• Providing performance appraisals to employees, including negative appraisals
• Delivering constructive criticism
  
• Grading student performance, including negative assessments
  
• 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 unpopular 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 grievance process
  
• Exercising academic freedom, including comments about scholarship, instruction within the classroom, different approaches to curriculum, opposing opinions about policy issues, or academic achievement, even if the content is considered insulting by the recipient and even if delivered passionately

It is important to recognize that not all interactions that may be unpleasant are necessarily abusive conduct. Differences of opinion, miscommunication, differences in work styles, business disagreements handled professionally, interpersonal conflicts, and occasional problems in working relations are an inevitable part of working life, and do not necessarily constitute abusive conduct, as defined in the UC Abusive Conduct in the Workplace Policy.

Abusive conduct also does not include exercising appropriate supervision of employees or carrying out instruction, grading, assessment, and evaluation. It does not include performance management or providing appropriate feedback.

How abusive conduct in the workplace differs from harassment/discrimination

Harassment is a type of illegal discrimination and is defined as offensive and unwelcome conduct, serious enough to adversely affect the terms and conditions of a person’s employment, which occurs because of the person’s protected class. Protected classes, under UCSC policy, include race, color, national origin, religion, sex, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, or services in the uniformed services as defined by the Uniformed Services Employment and Reemployment Act of 1994.

Abusive conduct in the workplace may occur without consideration or awareness of the target’s membership in a protected class.