This checklist will assist you in writing a comprehensive abusive conduct policy and walk you through the key elements of an effective, engaging and interactive story-based anti-bullying/abusive conduct prevention training course. The checklist provides excerpts of three definitions of abusive conduct, identifies what to include and what not to include, and euphemisms to avoid in an abusive conduct policy and its distribution. The list identifies the key elements of how to write a story-based and engaging abusive conduct prevention training course and topics to include, i.e., intervention, policy as a ‘living’ document, when supervisors should document and contact HR/EEO, four changes in CA law. It also notes the new Tennessee and California guidelines covering anti-bullying legislation and abusive conduct. Important: Most of the policy and training checklists’ guidelines and suggestions also apply to writing a comprehensive anti-harassment policy and creating/vetting engaging and story-based harassment prevention and resolution training.

1. A Policy and Training Roadmap Checklist
5 STEPS
TO PREVENT
ABUSIVE CONDUCT &
WORKPLACE BULLYING

2. FIVE STEPS
1. Review & Assess Your Policy & Training
2. Write a Comprehensive Abusive
Conduct Policy
3. Develop Effective Anti-Bullying
Prevention Training
4. Identify Personal and Enterprise Risks
of Abusive Conduct
5. Know Special Requirements for
Tennessee and California

3. 1.
FIRST STEPS
Review & Assess

4. Is
it
comprehensive?
!
!
Rewrite
policy
to
cover
all
bases
or
write
a
comprehensive
new
policy.
Review
exis3ng
an3-­‐bullying
policy.

5. Is
it
effec3ve?
!
!
Design
new
effec5ve
training.
Assess
effec3veness
of
current
abusive
conduct
training.

6. 2.
Write a Comprehensive
Abusive Conduct Policy

7. Define
abusive
conduct.
Here
are
three
examples:
California:
“Conduct
of
an
employer
or
employee
in
the
workplace,
with
malice,
that
a
reasonable
person
would
find
hos5le,
offensive,
and
unrelated
to
an
employer’s
legi5mate
business
interests.”
(AB
2053)
Tennessee:
“Acts
or
omissions
that
would
cause
a
reasonable
person,
based
on
the
severity,
nature,
and
frequency
of
the
conduct,
to
believe
that
an
employee
was
subject
to
an
abusive
work
environment.”
(SB
2226)
(SB
2226)
Healthy
Workplace
Act
bill’s
defini3on
from
the
Workplace
Bullying
Ins3tute:
Repeated,
health-­‐harming
mistreatment
of
one
or
more
persons
(the
targets)
by
one
or
more
perpetrators
that
is
threatening,
humilia5ng,
or
in5mida5ng,
or
work
interference,
sabotage,
which
prevents
work
from
geOng
done,
or
verbal
abuse.
(www.workplacebullying.org)

8. What
do
you
mean
by
abusive
conduct?
1.
Repeated
inflic5on
of
verbal
abuse
including
derogatory
remarks,
insults,
and
epithets;
2.
Verbal
or
physical
conduct
that
a
reasonable
person
would
find
threatening,
in3mida3ng,
or
humilia3ng;
or
the
gratuitous
sabotage
or
undermining
of
a
person's
work
performance.
3.
Give
employees
real
life
examples
of
behavior
that
will
not
be
tolerated,
such
as
an
employee
threatening
to
kick
another
employee’s
buW.
4.
Eight
categories
of
behavior:
Verbal
Physical
Visual
Sabotage
work
Emo5onal
manipula5on
Cyber-­‐bullying
Mobbing
Criminal
harassment
&
stalking

9. A
single
act
may
not
cons5tute
abusive
conduct,
unless
especially
severe
and
egregious.
*

10. Not
in
Defini3on:
a
requirement
that
the
bullying
be
linked
to
a
protected
category,
so
employers
need
to
train
and
prevent
any
abusive
conduct,
regardless
of
mo5va5on.
Is
In
Defini3on:
conduct
must
be
objec5vely
abusive,
what
a
“reasonable
person”
would
find
offensive,
not
an
overly
sensi5ve
person,
and
conduct
must
be
either
pervasive
(requiring
mul5ple
acts)
or
severe.
Be
clear
on
what
is
not
and
what
is
in
defini3on:

11. INTIMIDATION
MISTREATMENT
EMBARRASSING
HARASSMENT
SINGLING
OUT
SHUNNING
PSYCHOLOGICAL
HARASSMENT
'STATUS-­‐BLIND'
HARASSMENT
MOBBING
Give
Synonyms
for
Bullying/
Abusive
Conduct:

12. INCIVILITY
DISRESPECT
DIFFICULT
PEOPLE
PERSONALITY
CONFLICT
NEGATIVE
CONDUCT
ILL
TREATMENT
Avoid
euphemisms
which
trivialize
bullying
and
its
impact:

13. Address
and
clarify
the
differences
and
similari3es
between
bullying
and
unlawful
harassment
A.
Defini3on
of
Unlawful
Harassment:
1.
Verbal
harassment,
such
as
epithets,
derogatory
comments
or
slurs
on
a
basis
protected
by
law,
such
as
race,
religion
or
gender.
2.
Physical
harassment,
such
as
assault,
impeding
or
blocking
movement
or
any
physical
interference
with
normal
work
or
movement,
when
directed
at
an
individual
on
a
basis
protected
by
law;
3.
Visual
harassment,
such
as
derogatory
posters,
cartoons
or
drawings
on
a
basis
protected
by
law;
or
4.
Sexual
favors,
such
as
unwanted
sexual
advances
which
condi5on
an
employment
benefit
upon
an
exchange
of
sexual
favors.

14. B.
Differences
between
Unlawful
Harassment
and
Abusive
Conduct:
Abusive
Conduct
Unlawful
Harassment
Unlawful
Mo3va3on
+

15. 1.
Defini3on
2.
Examples
3.
A
clear
statement
that
behavior
will
not
be
tolerated
&
consequences
for
viola3ng
policy.
4.
Where
the
policy
applies.
Define
the
work
environment,
such
as:
Any
loca5on,
either
permanent
or
temporary,
where
(employer)
employees
perform
work
for
(employer),
including
buildings
and
the
surrounding
perimeters,
parking
lots,
field
loca5ons,
travel
between
workplace
loca5ons,
and
a_er
hour
situa5ons
that
affect
the
workplace
such
as
a
(employer)
sponsored
event
or
informal
gatherings
of
(employer)
employees.
Employer
would
also
be
liable
for
conduct
that
occurs
at
any
loca5on
on
a
business
trip,
such
as
a
hotel,
or
in
a
car.
Your
policy
should
contain:

16. 5.
When
the
policy
applies,
such
as
when
an
employee
uses
his/her
cell
phone,
iPad,
computer
or
tablet
in
the
work
environment,
when
he/she
sends
and
receives
texts,
links
with
images
and
tweets.
Customize
policy
to
address
the
nature
and
culture
of
your
business.
6.
To
whom
the
policy
applies:
all
employees,
volunteers,
interns,
third
party
contractors.
7.
Responsibility
of
supervisor
if
observed
bullying
or
receives
a
complaint.
a)
Establish
clear
procedure
when
supervisor
or
managers
sees
or
is
aware
of
abusive
conduct
including
their
responsibility
to
intervene,
establish
when
to
document
and
when
to
report
to
human
resources.
b)
Include
in
policy
that
retalia5on
for
repor5ng
abusive
conduct
will
not
be
tolerated.
8.
Procedure
to
report
conduct
and
to
whom,
including
clear
direc5ons
to
supervisors
and
managers
about
when
to
report
to
HR.
9.
No
retalia3on
for
repor5ng.
Your
policy
should
contain:

17.
If
employers
do
not
want
employees
using
profanity
in
the
workplace,
put
this
prohibi5on
in
your
abusive
conduct
policy
and
give
all
employees
no5ce
that
profanity
will
not
be
tolerated.
Profanity

18. HR
should
give
copies
of
policy
to
all
employees,
requiring
them
to
sign
that
they
have
received,
read
and
understand
policy.
Distribute
X

19. 3.
Develop Effective
Anti-Bullying Prevention
Training

20. a.
Supervisors,
managers
and
employees
all
receive
core
training.
!
b.
Plus,
management
learns
resolu3on
skills.
Whom
to
train

21. 1.
Introduce
character,
drama3ze
prohibited
behavior
and
ask
a
ques3on
designed
to
clarify
what
is
prohibited
by
your
employer’s
policy.
2.
An3-­‐bullying
policy
is
integrated
into
the
course
as
a
‘living’
vs.
a
‘read
only’
and
or
‘generic’
document.
3.
Plot
thickens:
Drama5ze
escala5on
of
character’s
prohibited
behavior
while
linking
it
to
the
first
drama5za5on
to
give
more
examples
of
abusive
conduct.
4.
Provide
ambiguous
examples
of
abusive
conduct
that
may
or
may
not
be
unlawful
harassment.
What
to
train:
a
story-­‐based
approach

22. 5.
Introduce
addi3onal
character
behavior,
because
a
person
who
bullies
seldom
only
harasses
one
person.
6.
Introduce
new
and
compelling
characters
to
drama5ze
a
range
of
subtle
and
blatant
behaviors
prohibited
by
abusive
conduct
policy.
7.
Drama3ze
the
impacts
of
bullying
with
a
variety
of
scenarios.
8.
Emphasize
the
difference
between
“intent”
of
bullying
perpetrator
versus
“impact”
on
target.
What
to
train:
a
story-­‐based
approach

23. Employer’s
abusive
conduct
policy
places
an
expecta5on
on
managers
and
supervisors
to
prevent
and
stop
prohibited
behavior
they
observe.
Ask
your
managers
to
assess,
based
on
their
management
and
communica3on
styles,
which
type
of
bullying
employee
is
the
most
uncomfortable
for
them
to
talk
with.
Emo3ons
that
hinder
resolu3on

24. Training
should
include
how
to
file
a
complaint
with
employer,
including
resolu3on
skills
for:
1.
Employee
being
harassed
-­‐
how
to
talk
with
bully.
2.
Coworker
who
observes
harassment
-­‐
how
to
be
an
ally.
3.
Supervisor
-­‐
how
to
intervene
when
observes,
even
if
no
complaint.
Effec3ve
Resolu3on
Skills

25. 4.
Identify Personal and
Enterprise Risks of
Abusive Conduct

26. 1.
Personal
risks
to
bully:
a)
Adversely
affects
how
management,
team
members,
clients,
vendors
and
public
perceives
him.
b)
Affects
his
career:
promo5ons,
invita5ons
to
events,
collegial
rela5onships
with
coworkers
and
management.
2.
Enterprise
risks:
a)
High
workforce
turnover
b)
Decreased
produc5vity
and
morale
c)
Increased
stress
and
depression
d)
Increased
li5ga5on
Iden3fy
personal
and
enterprise
risks
of
abusive
conduct

27. 5.
Special Requirements in
Tennessee and California

28. In
May
2014,
Tennessee
became
the
first
state
to
pass
an3-­‐
bullying
legisla3on.
This
legisla5on
requires
the
state
to
adopt
a
model
an3-­‐bullying
policy
by
March
1,
2015
and
therea_er
for
state
and
local
government
agencies
(but
not
private
employers)
to
adopt
the
policy.
Governmental
employers
who
do
adopt
the
model
policy
(or
a
substan5ally
similar
policy)
are
therea_er
immune
from
their
employees'
bullying
behavior
in
any
lawsuit
alleging
negligent
or
inten5onal
inflic5on
of
emo5onal
distress,
although
employees
who
bully
may
s5ll
be
personally
liable.
Tennessee
Public
Employers:
Adopt
a
Model
An3-­‐Bullying
Policy

29. Add
abusive
conduct
training
to
your
an3-­‐
harassment
training
in
2015.
And
in
your
training,
include
informa3on
that:
√
Unpaid
interns
and
volunteers
at
the
worksite
are
also
protected
against
harassment
√
“Sexually
harassing
conduct”
need
not
be
mo5vated
by
sexual
desire
√
“Military
and
veteran
status”
are
now
protected
characteris5cs
California
Employers
Required
to
Provide
AB
1825
Training

30. You learned the steps to…
Writing a comprehensive abusive conduct policy and we
walked you through the key elements of an effective,
engaging and interactive story-based anti-bullying/abusive
conduct prevention training course.
Important:
Most of the policy and training checklists’ guidelines and
suggestions also apply to writing a comprehensive anti-
harassment policy and creating/vetting engaging and story-
based harassment prevention and resolution training.

31. For an in depth explanation of our abusive conduct
policy and training checklist (includes over 10 video and
live theater dramatizations) please view our webinar
“Preventing Abusive Conduct and Bullying in the
Workplace: A Policy and Training Roadmap”
http://www.andersondavis.com/webinar-gateway
Stephen F. Anderson of Anderson-davis, Inc. Toll Free: (888) 789-7891 Direct: (310) 451-0636
Ann M. Noel, former executive officer of California’s Fair Employment and
Housing Commission.