Rule 1-021B: Abusive Conduct Reporting and Resolution Process for University of Utah Health Hospitals and Clinics Staff Members

Purpose and Scope

1. Purpose: To provide a reporting and resolution process that gives University of Utah Health Hospitals and Clinics (UUHC) staff and University authorities the tools to report and resolve abusive conduct.

2. Scope: This rule applies to all complaints that University of Utah Hospitals and Clinics (UUHC) staff members engaged in abusive conduct. This rule does not apply to complaints that University faculty member as that term is defined in Policy 1-021, or employees other than UUHC staff members, engaged in abusive conduct.

Definitions

The definitions provided in Policy 1-021 apply for this rule.

Rule

1. Reporting and Resolution Process

   1. Reporting employee or administrative filer completes the Abusive Conduct Reporting Form. UUHC Human Resource Management (HR) will conduct an initial review of the report filed, which may include an initial interview with the reporting employee or administrative filer and one or more of the following:

      1. Referral to appropriate university authority for resolution.

         1. Resolution may be informal such as, mediation, coaching, or other resolution resources. Resolution may be formal and occur through the issuance of corrective action in accordance with Policy 5-111. Any other applicable University policies and procedures will be adhered to for resolution.

         2. Upon receipt of a referral, the university authority should determine a resolution within ten (10) working days. The university authority will notify the reporting employee or administrative filer, the respondent and UUHC HR regarding the findings. This will be the final decision, and the matter will subsequently be considered closed. Parties will not have the option to grieve findings, unless formal corrective action is issued per policy 5-111.

            1. A notice will be sent to the reporting employee and the respondent if a report cannot be resolved within 10 working days.

      2. UUHC HR may deny a referral and not send to the university authority due to failure to meet the definition of abusive conduct.

      3. UUHC HR shall refer reporting employee and case to the Title IX/OEO Office in cases of discrimination or harassment.

         1. If taken for investigation, referral will follow OEO/AA process described in Policy 1-012.

         2. If not taken for investigation, referral will return to the process outlined in this procedure.

      4. UUHC HR may refer reporting employee and case to Public Safety in cases of violence or the threat of violence.

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         [Note: Parts IV-VII of this Regulation (and all other University Regulations) are Regulations Resource Information – the contents of which are not approved by the Academic Senate or Board of Trustees, and are to be updated from time to time as determined appropriate by the cognizant Policy Officer and the Institutional Policy Committee, as per Policy 1-001 and Rule 1-001.]

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Policies, Rules, Procedures, Guidelines, Forms and other Related Resources

1. Policies/Rules.

   1. 1-021: Abusive Conduct

   2. R1-021-A Abusive Conduct Reporting and Resolution Process for University Staff (non-UUHC), Academic Staff, Educational Trainees, Postdoctoral Fellows and Medical Housestaff.

   3. R1-021-C Abusive Conduct Reporting and Resolution Process for University Faculty.

2. Procedures.
   [reserved]

3. Guidelines.
   [reserved]

4. Forms.
   [reserved]

5. Other related resource materials.
   [reserved]

References

Utah Code Section 67-26-203

Utah System of Higher Education (formerly Utah Board of Regents) RuleR831

School of Medicine Professional Conduct Policy for Faculty Professional Conduct of University of Utah Health Medical Providers Ethical Standards and Code of Conduct Handbook

Policy 5-001: Personnel Definitions

Policy 5-106: Equal Opportunity and Nondiscrimination in Employment

Policy 5-111: Corrective Actions and Termination Policy for Staff

Policy 5-205: Code of Conduct for Staff

Policy 1-012: University Non-discrimination Policy

Policy 6-309: Academic Staff, Educational Trainees, Postdoctoral Fellows and Medical Housestaff

Policy 6-316: Code of Faculty Rights and Responsibilities

Contacts

The designated contact officials for this Rule are:

1. Policy Owner (primary contact person for questions and advice):Director of Employee Relations (Hospitals & Clinics)

2. Policy Officer: Chief Human Resources Officer (Hospitals & Clinics)

   These officials are designated by the University President or delegee, with assistance of the Institutional Policy Committee, to have the following roles and authority, as provide in University Rule 1-001:

   “A ‘Policy Officer’ will be assigned by the President for each University Policy, and will typically be someone at the executive level of the University (i.e., the President and Cabinet Officers). The assigned Policy Officer is authorized to allow exceptions to the Policy in appropriate cases…”

   “The Policy Officer will identify an ‘Owner’ for each Policy. The Policy Owner is an expert on the Policy topic who may respond to questions about, and provide interpretation of the policy; and will typically be someone reporting to an executive level position (as defined above), but may be any other person to who the President or a Vice President has delegated such authority for a specified area of University operations. The Owner has primary responsibility for maintaining the relevant portions of the Regulations Library… [and] bears the responsibility for determining – requirements of particular Policies….” University Rule 1-001-III-B & E

History

Renumbering [not applicable] Revision History:

1. Current Version:

   1. Revision 1 - Approved by Academic Senate February 7, 2022 and Board of Trustees March 8, 2022

   2. Legislative History of Revision 1

2. Earlier versions:
   Revision 0. Interim Policy 1-021, Revision 0, and the accompanying Interim Rules 1-021A, 1-021B, and 1-021C, were adopted on December 8, 2020, by University President Ruth Watkins, with designated effective date of January 1, 2021.
                        Legislative History Revision 0