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.
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Definition of Hostile and Intimidating Behavior
Hostile and Intimidating Behavior (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
- Makes the complainant’s conditions for work inhospitable or intolerable and/or;
- Unreasonably and negatively affects the complainant’s well-being or safety in the workplace and/or;
- Unreasonably interferes with the complainant’s ability to carry out their work responsibilities to the University.
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.
A link to the full HIB policy is here.
Who can request an investigation?
Any UW-Madison employee who was in a paid or unpaid appointment at the time of the alleged HIB.
How to request an investigation
To request a formal investigation of a HIB violation, contact the Office of Compliance (OC_CaseManager@wisc.edu).
Complaints that do not meet the threshold for a HIB investigation or complainants who do not want to pursue a formal investigation will be referred to their local HR unit or other appropriate university office for follow-up.
Deadline to request an investigation
HIB complaints must be filed with the Office of Compliance within 300 calendar days of the most recent incident.
Investigation Process
Notice of Investigation and Respondent Participation
Once sufficient information is obtained from the complainant and a prima facie case has been established (meaning that the alleged conduct “on its face” would violate policy), the investigator will send a Notice of Investigation to the respondent that describes the alleged misconduct, and provides process information to both parties. The investigator may also submit the Notice of Investigation to the appropriate decision maker and human resources representative for Respondent’s home school, college and/or division.
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 Faculty Policies and Procedures Chapter 9 (FPP Chapter 9).
Responsibility determinations are made using the preponderance of the evidence (“more likely than not”), with the exception of FPP Chapter 9 investigations which will use the standard of clear and convincing evidence.
The parties will both be asked to provide any documentary evidence (emails, text messages, social media posts, other records, etc.) they want to have considered during the investigation and to identify any witnesses who might provide information to support their statement. The investigator will also independently collect additional information that is available and relevant to the allegations.
Written Reports and Determination of Responsibility
Once this investigation is complete, the investigator will prepare a report outlining the information gathered during the investigation. Both the complainant and the respondent are afforded an opportunity to review the Initial Investigative Report for accuracy and provide feedback.
Once both parties have an opportunity to review and respond to the Initial Investigative Report, the investigator will draft the Final Investigative Report, which will include factual findings, the investigator’s determination as to whether any violation of the campus policy occurred and, when appropriate, any recommended discipline or sanctions.
Once complete, the Final Investigative Report will be distributed to both parties, 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.
The investigator’s findings will be considered the final decision unless either party appeals (See Appeals section).
Timeline
It is the goal of the Office of Compliance to complete investigations as soon as possible. The length of an investigation may be impacted by many factors including the complexity of the allegations, the availability of the complainant, the respondent, and witnesses, and timeliness in providing materials needed to resolve the investigation. The Office of Compliance will provide regular updates to the parties regarding the investigation’s progress.
Appeals
The complainant(s) and respondent(s) in a paid or unpaid appointment at the time the Final Investigative Report (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 or 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 employee filing the appeal must demonstrate the investigation’s outcome was based to a significant degree upon one or more of the factors below, and that the factor(s) would have changed the outcome of the investigation:
- Available information bearing materially on the case was not considered
- New evidence that was not reasonably available and could not have been discovered during the investigation has now become available
- Unfounded, arbitrary, or irrelevant assumptions of fact were made about a person’s conduct.
The decision of the Office of the Provost on an appeal pursuant to this section is final.
Informal Resolution
Oftentimes, HIB related issues are best addressed without a formal investigation. Informal resolutions can include general inquiries regarding conflicts in the workplace, speaking with affected people, addressing inappropriate behavior, addressing performance issues, and making recommendations. For more information about engaging in informal resolution processes, please visit the Office of Human Resources’ HIB website.
Additional HIB Resources:
To file a formal complaint or request for information regarding the complaint process: