Guide for Chairs and Deans managing disruptive behavior by faculty

• Pay attention if you observe or hear about behavior that compromises the work or learning environment for others. Do not ignore such behavior. 
• As appropriate, check in with those who are the subject of the concerning behavior to ensure that they are aware of confidential supportive resources, such as Employee Assistance (employees) or Counseling and Psychological Services (students) at University Health Services, or the appropriate Ombuds office (Student/Postdoc Ombuds office, Staff Ombuds Office, Faculty Ombuds). 
• Follow up with those who have expressed concerns to you; acknowledge the impact on them and others. Let them know that there are confidential resources available for them and for those impacted by the concerning behavior.
• Respect privacy; do not chat casually about concerns brought to you. If asked what you are doing about an issue, you can say that you are acting on the matter but may not be able to share details about private conversations you have had with others.
• You can review relevant information (e.g., student teaching evaluations), or discreetly check in with one or two individuals who may have more information about the concerning behavior. However, do not do a widespread investigation. If concerns get to the point of requiring an investigation, the campus has formal procedures for this (see Step 5). That is not your job.

Note: Taking action is time-consuming, but you can make a difference if you address concerning behaviors early. The costs of inaction can be high.

• If behavior is serious enough that it might violate the Abusive Conduct in the Workplace policy, as a chair or dean you are obligated to report (jump to Step 5 in this process). You will likely be consulted on next steps.
• If behavior has not yet gotten to the point of needing to be reported, you may wish to consult Employee and Labor Relations or the Associate Vice Provost on how to gently intervene to stop the behavior from recurring or escalating.

Note: The Associate Vice Provost is a good starting point for a conversation to discuss policies, resources, and strategies.

• If the matter is appropriate for you to attempt to handle yourself, these are good guidelines to follow:
  • Let the person know that their behavior is disturbing to others. Be clear about which behaviors are concerning.
  • Let the person know that as chair you are accountable to university policies and to Berkeley's Principles of Community.
  • Use a calm and assertive approach that is not punitive or aggressive. Position yourself as an ally willing to assist the individual in modifying their conduct.
  • Let the individual know that they do not get to decide how others experience their behavior. 
  • Provide guidance for a path forward towards productive interactions and behaviors.
  • Seek agreement that the concerning behaviors will cease.
• Document the meeting, and anything that is agreed to, in an email or memo to the individual. Continue to document subsequent interactions on this topic.
• Caution the individual against trying to find out who complained, if that is not already known, and remind them that retaliation is a serious offense.

Note: Consider having a third person present in the meeting as a neutral observer to take notes. 

• Within the scope of your ability as chair or dean, remove any rewards the concerning behavior will yield if it continues (for example, privileges unfairly accrued by a faculty member whom others have been afraid to say no to because of the concerning behavior). You may need to change committee or space assignments.
• Explain that behavior which recurs or escalates may have to be reported as a possible violation of the Abusive Conduct in the Workplace policy.
• Anticipate that the person might test how serious you are. 

If the behavior had or continues to have a negative impact on teaching, research, or service, it is appropriate to include a comment about it in the individual's next merit review. Your comment could be a commendation, if the faculty member has conscientiously changed their behavior. 

If concerning behavior by a faculty member is severe or pervasive enough to potentially violate a university policy, it needs to be reported. The Abusive Conduct in the Workplace policy applies to all employees, including faculty. Violations of the Abusive Conduct policy are also potential violations of the Faculty Code of Conduct. You can report abusive conduct through the Abusive Conduct reporting portal.

• Behavior that involves sexual harassment, or harassment/discrimination involving a protected category such as race, gender identity, disability, etc., is handled by the Office for Prevention of Harassment and Discrimination (OPHD). If you are not sure where to report, don't worry; just report it somewhere. The interactive Whistleblower portal is a good catch-all for reports. Those who receive reports can refer reports to one another. You can also seek advice from the Associate Vice Provost for the Faculty.

When you make your report, it can be helpful to provide a brief summary of the documentation you have and any steps you have previously taken.